CITY OF BAYTOWN

NOTICE OF MEETING

CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 9, 2012 6:30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS 77520

AGENDA

CALL TO ORDER AND ANNOUNCEMENT OF QUORUM

PLEDGE AND INVOCATION Council Member Scott Sheley, District No.Two

1. MINUTES

a. Consider Approving the Minutes of the City Council Work Session and Regular Meeting for January 26, 2012 - City Clerk. Consider approving the minutes of the City Council Work Session and Regular Meeting held on January 26, 2012.

2. PUBLIC HEARINGS

a. Second Public Hearing: Regarding the Proposed Annexation of 608 Acres of Land in the ETJ - Planning and Development Services. Conduct the second public hearing regarding the proposed annexation of approximately 608 acres of land in the City's extraterritorial jurisdiction, generally located between Interstate 10 to the north, East Cedar Bayou-Lynchburg Road to the south, Garth Road on the west, North Main Street to the east, as well as the unincorporated property located approximately 500 feet east of North Main Street between Interstate 10 and West Cedar Bayou-Lynchburg Road in Harris County, Texas.

b. Public Hearing: Regarding the Zoning Chapters of the Unified Land Development Code - Planning and Development Services. Hold a public hearing giving all interested parties the right to appear and be heard regarding the repeal of Chapter 130 "Zoning" of the Baytown Code of Ordinances and the adoption of new zoning regulations to be included in a new Unified Land Development Code.

c. Ordinance: Consider Adopting the Zoning Chapters, Articles 1 through 4 of the Unified Land Development Code - Planning and Development Services. Consider an ordinance repealing Chapter 130 (Zoning), Baytown Code of Ordinances and adopting the new zoning regulations to be included in a new Unified Land Development Code.

3. PROPOSED RESOLUTIONS

a. Consider Establishing City of Baytown's Legislative Agenda for the 2012 Federal Legislative Session - Administration. Consider a resolution establishing City of Baytown's legislative agenda for the 2012 Federal Legislative Session.

b. Consider Rescheduling the March 22, 2012 City Council Meeting March 19, 2012 - Administration. Consider a resolution rescheduling the Thursday, March 22, 2012 , City Council Meeting to Monday, March 19, 2012.

4. REPORTS

a. Present 2011 Crime Statistics - Police. Presentation of 2011 Crime Statistics.

5. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

a. Ordinance: Consider Authorizing Change Order No. 1 for CDBG Non-Housing Wastewater Emergency Power Project: Cedar Bayou Lift Station Expansion - Engineering. Consider an ordinance authorizing Change Order No. 1 to the construction contract with Peltier Brothers Construction, Ltd., for the CDBG Non-Housing Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project.

b. Ordinance: Consider Authorizing Change Order No. 2 for CDBG Non-Housing Wastewater Emergency Power Project: Lift Station Generators - Engineering. Consider an ordinance authorizing Change Order No. 2 to the CDBG Non-Housing Wastewater Emergency Power: Lift Station Generators Project with Baytown Electric Company.

c. Ordinance: Consider Authorizing Change Order No. 2 for CDBG Non-Housing Wastewater Emergency Power Project: Wastewater Treatment Plant Generators - Engineering. Consider an ordinance authorizing Change Order No. 2 to the CDBG Non-Housing Wastewater Treatment Plant Generators contract with C.F. McDonald Electric, Inc.

d. Ordinance: Consider Authorizing Change Order No. 3 for CDBG Non-Housing Wastewater Emergency Power Project: Auxiliary Pumps and Lift Station - Engineering. Consider an ordinance authorizing Change Order No. 3 to the CDBG Non-Housing Wastewater Emergency Power: Auxiliary Pumps and Lift Station contract with Nunn Constructors, Ltd.

e. Ordinance: Consider Authorizing the Closeout of Julie Ann Villa Subdivision Drainage Project - Engineering. Consider an ordinance authorizing the acceptance of the Julie Ann Villa Subdivision Drainage Project and the release of retainage to Calco Contracting, LTD.

f. Ordinance: Consider Authorizing the Purchase of Nine (9) Chevrolet Tahoes - Police. Consider an ordinance authorizing the purchase of nine (9) 2012 Chevrolet Tahoes from Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant County.

g. Ordinance: Consider Authorizing the Annual Concrete Work Contract Renewal - Finance. Consider an ordinance authorizing the renewal of the Annual Concrete Work Contract to Teamwork Construction Services, Inc.

h. Ordinance: Consider Authorizing the Purchase Structural Collapse Rescue Equipment - Fire. Consider an ordinance authorizing the purchase of Structural Collapse Rescue Equipment for the Fire Department through Buy Board Contract #363-10.

i. Ordinance: Consider Amending Chapter 94 "Traffic and Vehicles" to Designate a No Parking Zone within Crockett Park Subdivision - Planning and Development Services. Consider a ordinance amending Chapter 94 "Traffic and Vehicles," Article IV “Specific Street Regulations," Section 94-121 "Schedules Enumerated," Schedule III "Designation -- No Parking Zones" of the Code of Ordinances to designate a "No Parking Zone" within Crockett Park Subdivision on the inner and outer curves on both Curry Street and Cinnamon Street.

j. Resolution: Consider Authorizing the Chambers County 2012 Annual FAA Aerial Mosquito Control Authorization - Health and EMS. Consider a resolution authorizing the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within the Chambers County portion of Baytown.

k. Resolution: Consider Authorizing Advanced Funding for Projects Budgeted to be Funded by 2012 Certificates of Obligation - Finance. Consider a resolution authorizing Advance Funding for Construction Costs related to budgeted projects to be funded by future Certificates of Obligation.

l. Resolution: Consider Authorizing the City to Submit a Grant Application to the U.S. Department of Homeland Security for the FY2011 Staffing for Adequate Fire and Emergency Response Grant ("SAFER") to Hire Additional Firefighters - Fire. Consider a proposed resolution authorizing the City to submit a grant application to the U.S. Department of Homeland Security for the FY2011 Staffing for Adequate Fire and Emergency Response Grant ("SAFER") to hire additional firefighters.

6. APPOINTMENTS

a. Appointments: Community Development Advisory Committee Appointments - Planning and Development Services. Discuss two (2) appointments to the Community Development Advisory Committee (CDAC).

b. Appointments: Baytown Ethics Commission - City Clerk. Consider two (2) appointments to the Baytown Ethics Commission.

c. Appointments: Baytown Library Board - City Clerk. Discuss two (2) reappointments and two (2) openings to the Baytown Library Board.

d. Appointment: Baytown Tax Increment Reinvestment Zone Number One and the Baytown Redevelopment Authority- City Clerk. Consider one (1) appointment to the Baytown Tax Increment Reinvestment Zone Number One and the Baytown Redevelopment Authority.

AIR-5502 1. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Consider Approving the Minutes of the City Council Work Session and Regular Meeting for January 26, 2012 - City Clerk. Prepared for: Leticia Brysch Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider approving the minutes of the City Council Work Session and Regular Meeting held on January 26, 2012.

PREFACE Consider approving the minutes of the City Council Work Session and Regular Meeting held on January 26, 2012. At the time of posting the meeting minutes were not complete. The minutes will be sent electronically to the Council for their review as soon as they are completed. Additionally, copies of the minutes will be placed at each Council Member's place at the dais.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. D R A F T MINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

January 26, 2012

The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, January 26, 2012, at 5:00 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:

Brandon Capetillo Council Member Robert Hoskins Council Member David McCartney Council Member Mercedes Renteria Council Member Terry Sain Council Member

Stephen DonCarlos Mayor

Robert D. Leiper City Manager Ron Bottoms Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the January 26, 2012, City Council Regular Work Session with a quorum present at 5:00 P.M., all members were present with the exception of Council Member Sheley who was absent.

1. DISCUSSIONS

a. Discuss Unified Land Development Code and Proposed Amendments (ULDC) to Chapter 130 "Zoning" - Planning and Development Services.

City Manager Leiper presented the agenda item to discuss the Baytown Unified Land Development Code (ULDC) and proposed amendments to Chapter 130 "Zoning" of the Baytown Code of Ordinances.

Planning Director Kelly Carpenter presented a presentation and stated that in 2008 Council established the Citizens Task Force on Unified Land Development Code (ULDC) holding over 70 public meetings between January 15, 2009 and August of 2011; in addition to 25 Planning and Zoning Commission (P&Z) public meetings and many hours of citizens input and participation.

Work Session Regular Meeting Minutes January 26, 2012 Page 2 of 5

Ms. Carpenter stated that a Unified Land Development Code is a unified set of procedures, standards, and regulations for land development applications that contains all regulations related to the development of land in the city and it’s Extraterritorial Jurisdiction (ETJ). Ms. Carpenter stated that the code is one of the tools used to implement the Baytown Comprehensive Plan.

Ms. Carpenter indicated that the information currently presented to Council does not reflect the entire ULDC but only the zoning portion and that the Texas Local Government Code requires that when zoning regulations are adopted it must be done in accordance with a comprehensive plan in which Baytown's plan was adopted in May of 2007.

Ms. Carpenter stated that the major new features of the new code are as follows:

 nine (9) new zoning categories,  use conditions for compatibility purposes,  more clear and precise definitions so that interpretation is easier for all users,  clearer property development standards,  limited design standards to improve quality of life, value and tax base,  better compatibility standards,  better Planned Unit Development (PUD) giving more flexibility to developers, and  clearer processes

Ms. Carpenter stated that the nine (9) new zoning categories are as follows:

 Neighborhood Serving Commercial (NSC),  Livable Center (LC),  General Commercial (GC),  Single Family Estate (< 1 per acre SFE),  Low Single Family (1-4 per acre SF1),  Medium Single Family (4-9 per acre SF2),  Medium Density Mixed Residential (9 to less than 15 per acre MF1),  Mid Rise Density Mixed Residential Dwellings (15 to less than 23 per acre MF2), and  High Density Residential (23 - 30 per acre MF3)

Ms. Carpenter provided descriptive definitions of the nine new categories for informational purposes and indicated that the City already has a livable center plan for downtown that was done in conjunction with Harris County but this is not intended to apply to downtown because of the ACE. During discussion of the descriptions of the categories, Ms. Carpenter indicated that currently there are no zoning categories specifically for apartments or townhouses and they are considered in with mixed use.

Work Session Regular Meeting Minutes January 26, 2012 Page 3 of 5

Council Member McCartney inquired in regards to the Low Single Family category, if the density should be 1-6 to make it more developer driven based on economics. Ms. Carpenter stated that the P&Z voted to leave the density at 1-4. Council Member McCartney stated that economically, there may be a lot more land undeveloped with the density being 1-4. Council Member Capetillo suggested allowing the developer to decide on the size. Council Member Hoskins requested suggestions from others in regards to the land density. Mr. Carnes, a commission member, suggested using the 1-6 density because it allows the developer the flexibility to choose. Ms. Smith stated that she voted with Mr. Hanson on this issue in which Mr. Hanson spoke with an appraiser who indicated that the property value significantly reduced if the density of the property was greater than four (4) per acre. Mr. Joe Floyd stated that he also voted with Mr. Hanson in regards to the density being 1-4 and recommended to Council to do more research in order to come to a conclusion of the right answer for Baytown. Mayor DonCarlos inquired if there was a reason for the even number in regards to the land density. Council Member Renteria inquired as to how the value of a property decreases, by making the density 1-6. During further discussion regarding the land density, Ms. Carpenter stated that there wasn't a reason for the even numbers and that she would provide to Council additional information that may show a variety of results. Ms. Carpenter continued her presentation and stated that public sidewalks were included to be required for all single family categories and recommended reviewing this requirement to be included for multi- families.

During further discussion of the presentation, Ms. Carpenter indicated that there is no masonry standard for mixed use (MU) or heavy industrial (HI). Council Member Renteria inquired if there were masonry standards before and what was the purpose of the masonry standards. Ms. Carpenter stated that there were no masonry standards before and that the masonry standard is to improve the value of the stock both residential and non- residential in the City in order to improve the quality of life and the value of the property. Council Member Hoskins stated that he had mixed feelings on this issue and requested additional data.

Ms. Carpenter stated that if Council chooses to adopt the ULDC with or without amendments, the estimated time for maps to be done is at least 180 days from the time of Council’s consideration. Ms. Carpenter indicated that the following topics are not listed for the current discussion, but are usually in a ULDC, they are: subdivision regulations, landscaping, parking, and sign ordinances. She also indicated that there is landscaping in the building code, but that there are no landscaping standards for residential.

Upon completion of the presentation, Ms. Carpenter allowed for more questions and discussion. Council Member McCartney inquired about the setback standards for opaque fencing. Ms. Carpenter stated that the wording, which means you can have a non opaque fence in the front yard setback, was written poorly. City Manager Leiper recommended rewording the verbiage. Council Member McCartney made reference to the site design section that read “at least 25% of the front yard frontage shall have dwelling unit buildings to the front yard setback line” and stated that the owner of a large lot should Work Session Regular Meeting Minutes January 26, 2012 Page 4 of 5 be allowed to put their house toward the back of the property without having to come to the front setback line. Ms. Carpenter stated that the wording is there because some of the modern zoning regulations require houses to be built up to the setback line so that there is a uniformed look in the neighborhood. City Manager Leiper clarified that the wording doesn't require every home, but it requires 25% of the homes in the subdivision to be on the setback line. During further discussion, Council Member McCartney stated that the setbacks are so stringent that they could cause problems with cars blocking sidewalks or parking on the side of the road and that the setback distances could cause land to become useless. Council Member Capetillo made a comment and stated that when the setback is too short, cars blocking sidewalks becomes a problem and recommended that if sidewalks are to be installed, in regards to new construction that driveways accommodate a second vehicle to avoid the sidewalks being blocked. City Manager Leiper recommended reviewing the setbacks as they are for possible modifications. For verification purposes, Ms. Carpenter stated that her concept of Council Member McCartney's setback concern is that the setbacks may have value but needs refinement to make it more workable and she stated that she would provide a revised table that addresses that need. City Manager Leiper stated that a workable solution should be made to provide protection for land owners, as well as, provide an opportunity for future development.

During further discussion, Council Member Capetillo recommended setting masonry standards for commercial at a minimum percentage. Ms. Carpenter stated that the reason that the option for masonry was as proposed, was due to Council's direction to the Task Force to create the regulations but to allow flexibility so that the developer had choices. City Manager Leiper recommended lowering the first number and still allow for some flexibility. Council Member Hoskins inquired as to what happens if a developer builds with a minimum amount of brick and a lot of landscaping but then falls on hard times allowing the vegetation to die. City Manager Leiper stated that nothing happens. Council Member Hoskins recommended setting a standard number to enforce regulations on those who developed with masonry and landscaping. Council Member Renteria stated that in his opinion, making the standards more stringent causes the businesses to want to develop elsewhere. City Manager Leiper stated that it would only be more stringent if the owner chose to do partial masonry and partial landscaping in lieu of masonry. Mayor DonCarlos stated that he's in favor of providing the flexibility to the developer being that they submit plans according to the standards. Additionally, City Manager Leiper stated that an important concept to remember is that there are two tiers of streets to where a business on a major thoroughfare would be held at a higher standard than one on a smaller street.

City Manager Leiper stated that the plan is to conduct a public hearing to continue the discussion process and provide Council with the information requested with the possibility for action at the next meeting.

Work Session Regular Meeting Minutes January 26, 2012 Page 5 of 5

2. ADJOURN

With there being no further business to discuss, Mayor DonCarlos adjourned the January 26, 2012, City Council Regular Work Session at 6:00 P.M.

______Leticia Brysch, City Clerk City of Baytown

D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

January 26, 2012

The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 26, 2012, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:

Brandon Capetillo Council Member Robert Hoskins Council Member David McCartney Council Member Mercedes Renteria Council Member Terry Sain Council Member

Stephen H. DonCarlos Mayor

Robert D. Leiper City Manager Ron Bottoms Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the January 26, 2012, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Sheley who was absent.

Pledge of Allegiance and Texas Pledge was led by Daniel Crespo; Invocation was led by Council Member Capetillo.

1. MINUTES a. Consider Approving the Minutes of the City Council Regular Meeting held on January 12, 2012 - City Clerk.

A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving the minutes of the January 12, 2012, City Council Regular Meeting. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain

City Council Regular Meeting Minutes January 26, 2012 Page 2 of 23

Nays: None

Other: Council Member Scott Sheley (Absent)

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Citizen Communication: Joan Martin.

Ms. Joan Martin requested to address Council to persuade the Council to pass and enforce rules to stop dogs from running loose.

City Manager Leiper stated that staff has been in touch with Ms. Martin before today's meeting and is working with her on getting information to follow up on her concern.

Tom Slack registered to speak before Council in regards to item 2.a. and stated that he lives at 1000 Polly Avenue. Mr. Slack stated that he is in favor of making a law against pitbulls.

b. Years of Service Awards - Human Resources.

City Manager Leiper presented the agenda item and recognized the City of Baytown employees for their 5, 10, and 15 plus years of service.

5 YEAR: Robert Brown, Finance, Accountant II Mikel Marino, Parks & Recreation, Heavy Equipment Operator I

30 YEAR: Larry Lewis, Police, Patrol Officer Terry Seely, Public Works, BAWA Laboratory Technician

35 YEAR: Shon Blake, Fire Chief

c. Employee and Team of the Month - Human Resources.

City Manager Leiper presented the agenda item and recognized the December employee of the month to Nancy Neal and the team of the month to Tiffany Foster and John Dupuis. d. Recognition: Daniel Adam Crespo - Administration.

City Manager Leiper presented the agenda item to present recognition to Daniel Adam Crespo for his outstanding community service and achievement of the Eagle Scout Rank. City Council Regular Meeting Minutes January 26, 2012 Page 3 of 23

3. PROPOSED ORDINANCES

a. Consider Authorizing the Issuance of General Obligation and Refunding Bonds Series 2012 - Finance.

City Manager Leiper presented the agenda item and stated that the bonds issued pursuant to this Ordinance No. 11,846 will be issued in a par amount not to exceed $34,500,000, with approximately $14,005,000 allocated to new projects and approximately $20,495,000 allocated to the refunding. These amounts may be adjusted so long as the maximum does not exceed $34,500,000. Proceeds from the general obligation bonds will be used for streets, sidewalks and related drainage and utilities; public safety; park improvements and land; the design of the East Baker Road extension; and drainage. City Council previously approved an advanced funding resolution for construction costs, which is the intent of the general obligations bonds, on June 23, 2011. Additionally, Ordinance No. 11,846:

 sets certain parameters for the bonds;  authorizes the Mayor and/or City Manager to approve the amount, the interest rate, price and certain other terms of the bonds;  authorizes execution of a bond purchase agreement and a paying agent/registrar agreement;  appoints underwriters; and  approves the preparation and distribution of an official statement.

City Manager Leiper stated that Drew Masterson would provide additional explanations of this process.

Mr. Masterson presented a table for the 2012 year that included data showing the refinancing of the year 2004 Bond. Mr. Masterson stated that the net present value savings would be a little over $1.6 million which would be 9.4% of the bonds refunded. He also stated that the average savings a year would be $161,000 and a refinancing amount would be $17,095,000 of old bonds. Mr. Masterson stated that the average interest rate would be 2.17%.

Mr. Masterson explained that the next step in the process and stated that it included Council appointing the City Manager to finalize the transaction by signing the Officers Pricing Certificate in which the certificate secures the interest rate and then the documents are expected the mailed February 09, 2012.

A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 11,846. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David City Council Regular Meeting Minutes January 26, 2012 Page 4 of 23

McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain

Nays: None

Other: Council Member Scott Sheley (Absent)

Approved

ORDINANCE NO. 11,846

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2012; LEVYING A TAX IN PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING THE AUTHORIZED OFFICER TO APPROVE THE AMOUNT, THE INTEREST RATE, PRICE AND CERTAIN OTHER TERMS THEREOF; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT RELATING TO SUCH BONDS; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECT WE DATE THEREOF.

Mayor DonCarlos recommended with Council’s approval that the agenda be taken out of order and stated that agenda item 4.i. would be considered.

4.i. First Public Hearing: Regarding the Proposed Annexation of 608 Acres of Land in the ETJ - Planning and Development Services.

At 6:52 P.M., Mayor DonCarlos conducted the first public hearing regarding the proposed annexation of approximately 608 acres of land in the City's extraterritorial jurisdiction, generally located between Interstate 10 to the north, East Cedar Bayou- Lynchburg Road to the south, Garth Road on the west, North Main Street to the east, as well as the unincorporated property located approximately 500 feet east of North Main Street between Interstate 10 and West Cedar Bayou-Lynchburg Road in Harris County, Texas.

City Manager Leiper stated that on October 11, 2011, the City Council authorized staff to prepare a service plan for the described annexation. Parts of the surrounding area have been incrementally annexed over the years as utilities are extended. The upcoming completion of the water and sewer project along N. Main Street will provide the base City Council Regular Meeting Minutes January 26, 2012 Page 5 of 23 infrastructure for extending utilities to all of this area. This parcel is contiguous to the city limits of Baytown and is occupied with 83 residential parcels.

City Manager Leiper stated that a service plan was created for the property and notice of the first public hearing was published in the January 10, 2012, issue of the Baytown Sun and posted on the City of Baytown’s notice board and website on January 10, 2011. The next public hearing is scheduled for February 09, 2012.

City Manager Leiper stated that the questions and interaction that he’s had since the notice was sent out to the residents surrounds the utilities. He stated that in that area most of the residents are on well or septic systems and are concerned that once the utilities are extended, if they will be required to pay impact fees and connect to those utilities. City Manager Leiper stated that as long as the resident has a properly licensed and functioning septic system, which is required by Harris County, they can remain on that system. City Manager Leiper stated that some residents receive the City's sewer and water, because in the past the City provided those services to residents outside of the city limits so they were grandfathered in. He also stated that those residents pay a 50% premium on their water and sewer rates and that the City charges 1 1/2 times the rate for utilities outside the City. City Manager Leiper stated that upon completion of the annexation, the rates will adjust to the City rates. Additionally, as utilities are installed in this area, fire hydrants will be put in, which could or should lower the residents’ insurance rates and they will receive full police and fire protection from City of Baytown. He stated that those residents receive limited fire protection with Harris County and they rely on the Sheriff's Department for their police protection.

Paula Bradley, Linda Ball, Ann Stubbs, Barry Woodward, Danny and Sylvia Foster, Sandy Sobotik, Belinda Tigert, Walter Halzlere, Kansas Tigert-Smith, David Tigert, Balbino Faz, E. Hutton, and Kelly Hollaway all registered to speak before a public hearing in regards to item 4.i.

Ms. Paula Bradley stated that she lives at 315 West Archer Road and that the City Manager Leiper answered most of her questions but she inquired if the taxes would increase. City Manager Leiper stated that the taxes would increase.

City Manager Leiper stated that he submitted a written policy that included FAQ's to all departments and stated that it will take approximately two (2) years to get the system installed. He also stated that the engineering department will provide the design which will expedite the process which would reduce the cost, and that the funds are available in the CIP.

Mayor DonCarlos inquired if the City could save the residents money on garbage services. City Manager Leiper stated that the residents would be eligible for City garbage and staff will work with residents that have contracts with other garbage service companies. For clarification purposes, City Manager Leiper stated that if a resident does not want the City's water and sewer services, they will not be billed for those services. Additionally, the residents can receive water and not sewer, but they City Council Regular Meeting Minutes January 26, 2012 Page 6 of 23 could not receive sewer and not water because the sewer is billed based on the gallons on the water meter.

Ms. Linda Ball stated that she owns Lazy Acres Mobile Home Park and inquired if the City's water and sewer lines would connect to the individual mobile homes on the park or if she would be required to run the lines to the mobile homes and then connect one main line to the City's line and if she would be required to have a retention pond. City Manager Leiper stated that Ms. Ball would have to connect to the City at the right-of- way line but that he would provide her with a more definite answer after the meeting and that she would not be required to have a retention pond. City Manager Leiper stated that everything that is currently built is grandfathered to the standards that were there. Ms. Ball inquired of the grandfathered standards applied if she expanded the park. City Manager Leiper stated that the part that is expanded would have to meet the City's code and standards.

Ms. Ann Stubbs stated that she lives at 707 North Road and inquired what the impact fees would be, how soon the fire hydrants would be put in, if the insurance will begin to lower once the hydrants are put in, when would the property tax increase become effective, how would the residents know that their septic system is meeting the City standards, how would the City work with residents who want to connect with the City but can't afford to, and inquired if the City would come back and change their minds in regards to those residents that were grandfathered. City Manager Leiper addressed Ms. Stubbs questions and replied as follows: the impact fees are based on water meter size which a standard residential 5/8 meter is approximately $2,200 for water and sewer, approximately $350 for water only, and for sewer a little less than $2,000; the hydrants are put in on the same main so it would take approximately 18 months to 2 years for the hydrants to be installed; one thing that may lower the insurance is that the resident will change from the County fire protection to the City fire protection and receive the benefit of the City's insurance rating; the residents would not go onto the City's tax roll until January 01, 2013; the City of Baytown standards are the same as the County standards so the septic systems should currently be registered and certified by Harris County; a resident would have to pay the fees in order to connect to City utilities; and in reference to the City changing their minds in regards to the residents that are grandfathered, City Manager Leiper stated that he wouldn't say that they never would change their minds, but he didn't see a reason why they would. City Manager Leiper stated for clarification that any new development in that area would have to connect to city utilities.

During discussion, Council inquired if there was a way to work out the impact fees. City Manager Leiper stated that the stated law requires that the impact fees be paid at the time the connection is made.

Mr. Barry Woodward stated that he owns the property located at 6450 North Main and when he purchased the property it was zoned as light industrial use and wanted to know what the zoning would be for the properties that are going to be annexed. City Manager Leiper stated that all newly annexed property would come in under the most restrictive City Council Regular Meeting Minutes January 26, 2012 Page 7 of 23 classification which is neighborhood conservation and single family and stated that the reason for that was so that a developer or property owner can put together a development plan that goes through the Planning and Zoning Commission and the City Council to get rezoned. Mr. Woodward inquired if the property that he owns is considered commercial property, will it remain as commercial property. City Manager Leiper stated that if the property is already developed it is grandfathered for that use regardless of what it zoned.

Mr. Danny Foster stated that once the Hunt Road annexation is complete he would be left with nine (9) feet of space to back out of his grandmother's driveway onto a highway which puts his family's life in danger. City Manager Leiper asked Mr. Foster to leave his contact information with his assistant Nick Woolery and he would personally go out and visit Mr. Foster's home.

Ms. Sandy Sobotik inquired if she removes her current home and rebuilds a new home could she continue to use her well water or with the new construction would she have to connect with the City’s utilities. City Manager Leiper stated that if a permit is obtained to build a new home, it would require connecting to the City’s utilities.

Ms. Belinda Tigert stated that she lives at 405 North Road and that she does not want to live in the City of Baytown because of the many restrictions.

Mr. Walter Halzlere signed up to speak, but did not approach the podium.

Ms. Kansas Tigert Smith stated that she lives at 417 North Road and inquired if the opinion of the property owners opposing to the annexation are being considered and if there are plans to extend North Road being that it is a dead end street. City Manager Leiper stated that the public hearing is to give those residents the opportunity to express their opinions to Council and that the Council would determine whether or not to go through with the annexation. City Manager Leiper stated that there are no plans to extend any roads at this time but that the road maintenance would become the City's responsibility instead of Harris County.

Mr. David Tigert stated that he’s opposed to living within the City of Baytown and didn’t want to deal with the City’s stipulations.

Mr. Balbino Faz signed up to speak, but did not approach the podium.

Mr. E. Hutto stated that the annexation would hurt him because he’s on a fixed income and due to his health concerns he would not be able to repair needed adjustments to his home that may not meet the city standards.

Mrs. Kelly Hollaway stated that she in not in favor of the annexation and because she received short notice, would provide more information in regards to her opposition of the annexation at the second public hearing.

City Council Regular Meeting Minutes January 26, 2012 Page 8 of 23

At 8:08 P.M., Mayor DonCarlos closed the public hearing and stated that the next item to be considered would be item 4.a.

4. PUBLIC HEARINGS

a. First Public Hearing: Regarding a Strategic Partnership Agreement Related to a Limited Purpose Annexation with Chambers County Improvement District No. 3 for Approximately 948 Acres of Land in the City's Extraterritorial Jurisdiction, Generally Located East and West of Texas State Highway 99 and Needlepoint Road (FM 2354) Approximately 1,900 Feet South of Interstate 10 in Chambers County, Texas - Planning and Development Services.

At 8.08 P.M., Mayor DonCarlos conducted the first public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Chambers County Improvement District No. 3 for approximately 948 acres of land in the City's extraterritorial jurisdiction, generally located east and west of Texas State Highway 99 and Needlepoint Road (FM 2354) approximately 1,900 feet south of Interstate 10 in Chambers County, Texas.

City Manager Leiper stated that the Strategic Partnership Agreement ("SPA") between the City of Baytown and Chambers County Improvement District No. 3 ("CCID#3) provides for the limited purpose annexation of the area within CCID#3's boundaries, which contains approximately 948 acres of land generally located on the east and west sides of Grand Parkway along the alignment of Kilgore Parkway. This area is contiguous to the city limits of Baytown, is currently vacant and without residents, and is proposed by the owner for industrial and business park purposes. The SPA sets forth the services which will be provided by the City and the District. Under the SPA, the City will:

1. will collect sales taxes, 2. will provide utility services under a separate utility agreement, 3. will apply the following ordinances: zoning; junk yards; signs; and sexually oriented businesses, 4. will not annex for full purposes during the term of the agreement without the approval of the District, 5. will not collect ad valorem taxes, and 6. will not provide city services unless specifically agreed upon by both parties.

City Manager Leiper stated that the City has several limited purpose annexation areas and strategic partnership agreements with Chambers County MUD No. 1 and Lake MUD.

City Manager Leiper stated that notice of the first and second public hearings was published in the January 06, 2012, issue of the Baytown Sun and posted on the City of Baytown’s notice board and website on January 04, 2012. City Council Regular Meeting Minutes January 26, 2012 Page 9 of 23

Bill Combs and Alan Hudgins registered to speak before a public hearing in regards to item 4.a.

Mr. Combs stated that he lives at 11302 Cedar Gully Road, League City, Texas, and he’s representing the owners of the 400 acres located on west of Highway 99 and was available to answer any questions.

Mr. Hudgins stated that he lives at 3047 Ferry Road and inquired to the Mayor if the public hearing was about the Ameriport. Mayor DonCarlos stated that the public hearing was not about Ameriport. Mr. Hudgins requested that Council add Chapter 34 Article 2 "Nuisances" as an additional ordinance to protect the health, safety, morals, and welfare of the people that may be negatively impacted by this industrial park. Mr. Hudgins inquired that if the City receives sales tax from this deal, but is required to provide the water and sewer utilities, why isn't the City also collecting property taxes instead of allowing the Municipal Utility District (MUD) to receive those taxes. City Manager Leiper stated that the City provides wholesale water to the MUD.

At 8:13 P.M., Mayor DonCarlos closed the public hearing and stated that particular items require six (6) votes and due to Council Member Renteria needing to exit the meeting early, he recommended that the agenda be taken out of order. City Manager Leiper recommended considering items 4.g. and 4.h.

4.g. Public Hearing: Rezoning of Approximately 7.33 Acres from NC to MU - Planning and Development Services.

At 8:14 P.M., Mayor DonCarlos conducted a public hearing regarding the application of Rene and Patricia Gharibeh to rezone approximately 7.33 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District, being Tracts 1A-2 and 1A-3 of the W. Ritchie Survey, Abstract No. 683, located between Sjolander Road and Crosby Cedar-Bayou Road along the south right-of-way of Interstate 10, Harris County, Texas.

City Manager Leiper stated that the 7.33 acres of land recently annexed by the City, being the property previously described by Mayor DonCarlos, comes in as the most restrictive neighborhood conservation zoning and at the time of the petition for annexation their business plan is a business commercial park. He stated that the property is vacant, on the I-10 right-of-way, and the Planning and that Planning and Zoning Commission recommended this rezoning.

Alan Hudgins registered to speak before a public hearing in regards to item 4.g. and stated that he lives at 3047 Ferry Road. Mr. Hudgins stated that this zoning change request does not specifically address whether or not it constitutes spot zoning on either of the two applicant statements which is required by law. Mr. Hudgins stated that he's addressed this spot zoning issue to the Planning and Zoning (P&Z) Commission and asked Council to confirm if the state's definition of spot zoning would be used to approve with conditions or disapprove this rezoning case. City Council Regular Meeting Minutes January 26, 2012 Page 10 of 23

At 8:17 P.M., Mayor DonCarlos closed the public hearing.

Mayor DonCarlos confirmed with City Attorney Ignacio Ramirez and City Manager Leiper and stated that there is no state statutory definition for spot zoning and that he assumes that there are general court constructions for what might constitute as spot zoning but it is done on a case by case basis.

Mayor DonCarlos recommended considering item 4.h.

4.h. Ordinance: Consider an Application by Rene and Patricia Gharibeh to Rezone Approximately 7.33 Acres of Land from Neighborhood Conservation (NC) District to Mixed Use (MU) District - Planning and Development Services.

City Manager Leiper stated that staff recommended approval.

A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 11,847. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain

Nays: None

Other: Council Member Scott Sheley (Absent)

Approved

ORDINANCE NO. 11,847

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING APPROXIMATELY 7.33 ACRES, BEING TRACTS 1A-2 AND 1A-3 OF THE W. RITCHIE SURVEY, ABSTRACT NO. 683, LOCATED BETWEEN SJOLANDER ROAD AND CROSBY CEDAR-BAYOU ROAD ALONG THE SOUTH RIGHT-OF-WAY OF INTERSTATE 10, HARRIS COUNTY, TEXAS, TO REZONE SUCH PROPERTY FROM A NEIGHBORHOOD CONSERVATION (NC) ZONING DISTRICT TO A MIXED USE (MU) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE City Council Regular Meeting Minutes January 26, 2012 Page 11 of 23

THEREOF.

City Manager Leiper recommended considering item 4.e. e. Public Hearing: Regarding Amendments to Chapter 130 "Zoning" of the Code of Ordinances, Baytown, Texas, that Separates the Variance and Special Exception Processes and Adopts New Processes and Regulations for Variances, Non-Conforming Land Uses, and Non-Complying Structures - Planning and Development Services.

At 8:19 P.M., Mayor DonCarlos conducted a public hearing regarding the proposed amendments to Chapter 130 "Zoning" of the Code of Ordinances, Baytown, Texas, that separates the variance and special exception processes and adopts new processes and regulations for variances, non-conforming land uses, and non-complying structures.

City Manager Leiper stated that this public hearing is to receive public input on the proposed amendments to Chapter 130 "Zoning" of the Code of Ordinances, Baytown, Texas, that separates the variance and special exception processes and adopts new processes and regulations for variances, non-conforming land uses, and non-complying structures. The new ordinance, unlike the current regulations, allows for the expansion of non-conforming structures; and it authorizes the Planning Director to grant variances in addition to the Board of Adjustment. There is also a provision in the proposed ordinance that enables the Council to approve the reconstruction of totally destroyed structures upon request from the applicant so long as the intent of the ordinance is preserved.

The Council expressed the desire to have these amendments ready for review as soon as possible and that they were reviewed and recommendations were made on the ordinance on January 04 and January 17, 2012. City Manager Leiper stated that Ms. Carpenter would go over the amendments and that there are three (3) items that need to be addressed for clarification purposes. He also stated that there is a need to review some corridors or thoroughfares and have the P&Z look at different setbacks so that there may be some of these structures that exist that if they were destroyed, it would not have to go through the variance process because a different setback would be in place in terms of non-conforming use. City Manager Leiper stated that the recommendation for this hearing is to pass the changes with the three (3) clarifications because as of now, the City does not have the ability to do this variance.

Ms. Carpenter stated that the (3) clarifications are as follows:

Sec. 130-198. Credits. (a) Administration of credits. (4) Once the variance becomes null and void, owner shall remove any nonconforming structures or pieces of structures that were addressed by the variance granted. Any structure or pieces of structure not associated with the variance granted are not required to be removed. Section 130-201. Criteria. City Council Regular Meeting Minutes January 26, 2012 Page 12 of 23

(10) Does not decrease any setback; and does not further encroach into a required setback; and

Sec. 130-252. Nonconforming uses. (a) Abandonment. Under this chapter a nonconforming use may be abandoned subject to the following: (2) Overcoming presumption of abandonment. The presumption of abandonment may be rebutted upon a showing, to the satisfaction of the director of planning and development services, that during such period the owner of the land or structure (i) is maintaining the property in accordance with the building code, (ii) is in compliance with the article XV of chapter 18 of this code pertaining to vacant buildings, and (iii). Ms. Carpenter then stated that the section goes on.

Alan Hudgins registered to speak before a public hearing in regards to item 4.e and stated that he lives at 3047 Ferry Road. Mr. Hudgins stated that the new non-conforming ordinance does not specifically address non-conforming uses that cause nuisances. Mr. Hudgins recommended adding the following clause to the ordinance:

A non-conforming use lawfully existing prior to enactment of a prior ordinance, has vested rights to continue in existence so long as the structures and use are not nuisances as defined in Chapter 34 Article 2 "Nuisances" and are not harmful to public health, safety, morals, and welfare subject to certain exceptions.

At 8:29 P.M., Mayor DonCarlos closed the public hearing and recommended considering item 4.f. f. Ordinance: Consider an Amendment to Chapter 130 "Zoning" of the Code of Ordinances, Baytown, Texas, that Separates the Variance and Special Exception Processes and Adopts New Processes and Regulations for Variances, Non- Conforming Land Uses, and Non-Complying Structures - Planning and Development Services.

A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 11,848. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain

Nays: None

Other: Council Member Scott Sheley (Absent)

Approved

City Council Regular Meeting Minutes January 26, 2012 Page 13 of 23

ORDINANCE NO. 11,848

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 130 “ZONING,” ARTICLE II “ADMINISTRATION,” DIVISION 4 “VARIANCES AND SPECIAL EXCEPTIONS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 130 “ZONING,” ARTICLE II “ADMINISTRATION,” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 4 “SPECIAL EXCEPTIONS AND VARIANCES”; AMENDING CHAPTER 130 “ZONING,” ARTICLE IV “NONCONFORMITIES,” SECTION 130-251 “SCOPE; CONTINUATION; REPAIR AND MAINTENANCE,” SUBSECTION (B), SECTION 130-252 “NONCONFORMING USES,” SUBSECTIONS (A) AND (B)(5), AND SECTION 130-253 “NONCOMPLYING STRUCTURES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADOPT NEW REGULATIONS FOR VARIANCES AND NONCONFORMING LAND USES AND NONCOMPLYING STRUCTURES; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

Council Member Renteria excused himself from the meeting after the vote at 8:30 P.M.

Mayor DonCarlos stated that item 4.b. would be considered next. The agenda resumes its normal order. b. Second Public Hearing: Regarding a Strategic Partnership Agreement Related to a Limited Purpose Annexation with Chambers County Improvement District No. 3 for Approximately 948 Acres of Land in the City's Extraterritorial Jurisdiction, Generally Located East and West of Texas State Highway 99 and Needlepoint Road (FM 2354) Approximately 1,900 Feet South of Interstate 10 in Chambers County, Texas - Planning and Development Services.

At 8:31 P.M., Mayor DonCarlos conducted the second public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Chambers County Improvement District No. 3 for approximately 948 acres of land in the City's extraterritorial jurisdiction, generally located east and west of Texas State Highway 99 and Needlepoint Road (FM 2354) approximately 1,900 feet south of Interstate 10 in Chambers County, Texas.

With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 8:31 P.M.

City Council Regular Meeting Minutes January 26, 2012 Page 14 of 23 c. First Public Hearing: Regarding a Proposed Limited Purpose Annexation Through a Strategic Partnership Agreement for Approximately 948 Acres, Located East and West of Texas State Highway 99 and Needlepoint Road (FM 2354) Approximately 1,900 Feet South of Interstate 10 in Chambers County, Texas - Planning and Development Services.

At 8:32 P.M., Mayor DonCarlos conducted the first public hearing regarding the proposed limited purpose annexation through a strategic partnership agreement for approximately 948 acres of land in the City's extraterritorial jurisdiction, generally located east and west of Texas State Highway 99 and Needlepoint Road (FM 2354) approximately 1,900 feet south of Interstate 10 in Chambers County, Texas.

City Manager Leiper stated that on December 28, 2011, the City Council authorized staff to prepare a service plan for the limited purpose annexation through a strategic partnership agreement for the acreage previously described by Mayor DonCarlos. This land is on the east and west sides of the Grand Parkway along the alignment of Kilgore Parkway.

A service plan was created on January 06, 2012. Notice of the first and second public hearings was published in the January 06, 2012, issue of the Baytown Sun and posted on the City of Baytown’s notice board and website on January 04, 2012.

Billy Combs registered to speak before a public hearing in regards to item 4.c. for information purposes but did not do so.

With there being no one desiring to speak, Mayor DonCarlos closed the public hearing at 8:32 P.M. d. Second Public Hearing: Regarding a Proposed Limited Purpose Annexation Through a Strategic Partnership Agreement for Approximately 948 Acres, Located East and West of Texas State Highway 99 and Needlepoint Road (FM 2354) Approximately 1,900 Feet South of Interstate 10 in Chambers County, Texas - Planning and Development Services.

At 8:33 P.M., Mayor DonCarlos conducted the second public hearing regarding the proposed limited purpose annexation through a strategic partnership agreement for approximately 948 acres of land in the City's extraterritorial jurisdiction, generally located east and west of Texas State Highway 99 and Needlepoint Road (FM 2354) approximately 1,900 feet south of Interstate 10 in Chambers County, Texas.

Wilson Black and Billy Combs both registered to speak before a public hearing in regards to item 4.d. but did not do so.

At 8:33 P.M., Mayor DonCarlos closed the public hearing and reconvened the open meeting. City Council Regular Meeting Minutes January 26, 2012 Page 15 of 23

5. REPORTS

a. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report - Finance.

City Manager Leiper presented the agenda item and stated that although the City always received a clean unqualified audit, this is the first time that City has not received a management letter which details the auditors concerns.

Finance Director Louie Richman introduced Lauren Dottie, a representative from Belt Harris and Pechacek, LLLP, the public accounting firm that conducted the independent audit. Ms. Dottie stated that the firm issued the City a clean unqualified opinion which is the highest level of assurance that an auditor can give which means that the financial statements are free of material misstatements.

City Manager Leiper stated that the Single Audit Report on federal funds that was included and it received the same clean report.

b. Receive City of Baytown's Financial and Investment Reports for the Quarter Ending December 31, 2011 - Finance.

Finance Director Louie Richman presented the City of Baytown's Financial and Investment Reports for the Quarter Ending December 31, 2011 and stated that the City is on target and that the revenue and sales tax is doing very well. Ms. Richman stated that the IDA's exceeded budget. She stated that the expenditures are also on target and informed Council that any number in the report that exceeds 25% means that some funds were encumbered for the entire year.

6. CONSENT

All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

A motion was made by Council Member Terry Sain, and seconded by Council Member David McCartney approving consent agenda items 6.a., 6.b., 6.c., 6.d., 6.e., 6.f., 6.g., and 6.h. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain

Nays: None

City Council Regular Meeting Minutes January 26, 2012 Page 16 of 23

Other: Council Member Mercedes Renteria (Not present for vote) and Council Member Scott Sheley (Absent)

Approved a. Ordinance No. 11,849: Consider Authorizing the Sole Source Purchase of LED Freeway Lighting Fixtures from Ruud Lighting, Inc. - Finance.

Ordinance No. 11,849 authorizes the sole source purchase of LED Freeway Lighting Fixtures from Ruud Lighting, Inc., in the amount of $266,749.00. This purchase is for three hundred seventy-one (371) Beta lighting fixtures, Model #STR-LWY-2M-HT-12- D-UH-SV-700-10 YR which has a 10 year warranty and is the only one approved by the Texas Department of Transportation for the City of Baytown application. These fixtures will replace all high pressure sodium fixtures on Interstate 10, Highway 146 and Spur 330 that are within the city limits.

ORDINANCE NO. 11849

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED FORTY-NINE AND NO/100 DOLLARS ($266,749.00) TO RUUD LIGHTING, INC., FOR THE PURCHASE OF LED FREEWAY LIGHTING FIXTURES APPROVED BY TEXAS DEPARTMENT OF TRANSPORTATION TO BE PLACED ON STATE HIGHWAYS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

b. Ordinance No. 11,850: Consider Purchasing One (1) 2012 Frazer Ambulance with Dodge Chassis - Health.

Ordinance No. 11,850 authorizes the purchase of one (1) new ambulance with Frazer Type I 14’ generator-powered module mounted on a 2012 Dodge Ram 4500 6.7-liter diesel chassis from Dallas Dodge Chrysler Jeep through the Houston-Galveston Area Council ("H-GAC") in the amount of $152,350. The H-GAC fee of $1,000 is assessed per each purchase order and is included in the total cost. The new ambulance replaces a 2005 Frazer Type 1, Chevrolet C4500 Chassis with a mileage of 93,051. Scheduled delivery of the ambulance will be approximately six months.

This ambulance is a new acquisition, which expands the City’s public safety service levels and is being funded through the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD).

ORDINANCE NO. 11,850

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF City Council Regular Meeting Minutes January 26, 2012 Page 17 of 23

BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY-TWO THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($152,350.00) TO DALLAS DODGE CHRYSLER JEEP THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) NEW AMBULANCE WITH FRAZER TYPE I 14’ GENERATOR POWERED MODULE MOUNTED ON A 2012 DODGE RAM 4500 6.7-LITER DIESEL CHASSIS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance No. 11,851: Consider Purchasing One (1) 2012 Case Wheel Loader for Solid Waste Division - Public Works.

Ordinance No. 11,851 authorizes the purchase of one (1) 2012 Case 521 Wheel Loader from Hi-Way Equipment Company, LLC, through the Houston-Galveston Area Council ("H-GAC") for the total amount of $115,871. The H-GAC fee of $1000 is assessed per each purchase order and included in the total cost. The new Wheel Loader replaces a 1968 Caterpillar Maintainer.

ORDINANCE NO. 11,851

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED SEVENTY- ONE AND NO/100 DOLLARS ($115,871.00) TO HI-WAY EQUIPMENT COMPANY, LLC, THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2012 CASE 521 WHEEL LOADER FOR THE SOLID WASTE DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 11,852: Consider Purchasing One (1) 2013 Freightliner Truck for Solid Waste Division - Public Works.

Ordinance No. 11,852 authorizes the purchase of one (1) 2013 Freightliner M2 106-80 truck with trash body and Prentice loader from Houston Freightliner, Inc., through the Houston-Galveston Area Council ("H-GAC") for a total amount of $167,772. The H- GAC fee of $1,000 is assessed per each purchase order and included in the total amount. This truck replaces a 1995 GMC Prentice Picker truck.

ORDINANCE NO. 11,852

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY-SEVEN THOUSAND SEVEN HUNDRED City Council Regular Meeting Minutes January 26, 2012 Page 18 of 23

SEVENTY-TWO AND NO/100 DOLLARS ($167,772.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2013 FREIGHTLINER M2 106-80 TRUCK WITH TRASH BODY AND PRENTICE LOADER FOR THE SOLID WASTE DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 11,853: Consider Approving the installation of Two (2) Permanent Stop Signs on North Fifth Street and Ruth Avenue and Two (2) Permanent Stop Signs on North Sixth Street at Ruth Avenue - Public Works.

Ordinance No. 11,853 amends Chapter 94 “Traffic and Vehicles,” Article IV “Specific Street Regulations,” Section 94-121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of two (2) permanent stop signs to be placed on North Fifth Street at its intersection with Ruth Avenue and two (2) permanent stop signs on North Sixth Street at its intersection with Ruth Avenue.

Due to traffic flow, it became necessary to establish stops at these intersections for the safe movement of citizens. On June 16, 2011, temporary stop signs were installed and permanent stops signs were approved by the Planning and Zoning Commission at its January 4th meeting. If approved by Council, the City will also make the needed striping changes to allow for enforcement and citizen understanding of the authorized change.

ORDINANCE NO. 11,853

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE VIII “DESIGNATION – STOP AND YIELD INTERSECTIONS” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TWO (2) PERMANENT STOP SIGNS TO BE PLACED ON NORTH FIFTH STREET AT ITS INTERSECTION WITH RUTH AVENUE AND TWO (2) PERMANENT STOP SIGNS ON NORTH SIXTH STREET AT ITS INTERSECTION WITH RUTH AVENUE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

City Council Regular Meeting Minutes January 26, 2012 Page 19 of 23 f. Ordinance No. 11,854: Consider Approving the Installation of Two (2) Permanent Stop Signs on West Jack Avenue at its Intersection with North Whiting Street - Public Works.

Ordinance No. 11,854 amends Chapter 94 “Traffic and Vehicles,” Article IV “Specific Street Regulations,” Section 94-121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of two (2) permanent stop signs to be placed on West Jack Avenue at its intersection with North Whiting Street.

Due to traffic flow, it became necessary to establish stops at these intersections for the safe movement of citizens. On July 5, 2011, temporary stop signs were installed and permanent stops signs were approved by the Planning and Zoning Commission at its January 4th meeting. If approved by Council, the City will also make the needed striping changes to allow for enforcement and citizen understanding of the authorized change.

ORDINANCE NO. 11,854

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE VIII “DESIGNATION – STOP AND YIELD INTERSECTIONS” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TWO (2) PERMANENT STOP SIGNS TO BE PLACED ON WEST JACK AVENUE AT ITS INTERSECTION WITH NORTH WHITING STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

g. Ordinance No. 11,855: Consider Authorizing Remaining Funds for Year 2 of the Audit Contract with Belt Harris Pechacek, LLLP - Finance.

Ordinance No. 11,855 authorizes the remaining funds of payments totaling $75,646 for Year 2 of the Agreement for Financial Auditing Services with Belt Harris Pechacek, LLLP, which includes, but is not limited to, a financial audit, six single audits for major programs, agreed upon procedures and preparation of the City’s CAFR. This agreement also includes services for the Baytown Municipal Development District (MDD), with services being paid for by MDD. These fees are in accordance with the agreement for financial auditing services entered into with BHP in 2011.

ORDINANCE NO. 11,855 City Council Regular Meeting Minutes January 26, 2012 Page 20 of 23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT FOR FINANCIAL AUDITING SERVICES TO BELT HARRIS & ASSOCIATES, LLLP, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ONE THOUSAND SIX HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($101,689.00) PURSUANT TO THE FIRST AMENDMENT TO THE AGREEMENT FOR FINANCIAL AUDITING SERVICES WITH BELT HARRIS & ASSOCIATES, LLLP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance No. 11,856: CDBG Housing Reconstruction Projects for 517 1/2 N. Second Street and 318 N. HWY 146 - Planning and Development Services.

Ordinance No. 11,856 awards two housing reconstruction projects located at 517 1/2 N. Second Street and 318 N. HWY 146 to MLG Construction Company under the Owner- Occupied Housing Rehabilitation Program for low-income persons.

Notices of the bid were published in the Baytown Sun and mailed/emailed to 37 contractors from a list of businesses that previously expressed interest in bidding on Community Development projects. Notices were also posted with Construction Data, Bid Ocean and Reed Construction Data. Combined, these organizations reach over 1,000 Houston area contractors. Eight contractors representing seven companies attended the Mandatory Pre-Bid Conference. Three bids and one no bid were submitted.

Project #12-01 The project located at 517 1/2 N. Second Street is proposed in the amount of $59,400 to construct an ADA-compliant three bedroom, one bath, approximately 1,100-square-foot home. The existing 1,040-square-foot home was built in 1940. This existing home requires extensive repairs that exceed the Program's $25,000 limit for repairs. The work write-up estimate for repairs is over $36,000. Staff recommends demolishing and reconstructing this residence.

Project #12-02 The project located at 318 N. HWY 146 is proposed in the amount of $57,132 to construct a three bedroom, one bath, approximately 1,058-square-foot home. The existing 960-square-foot home was built in 1950. This home requires extensive repairs that exceed the Program's $25,000 limit for repairs. The work write-up estimate for repairs is over $46,000. Staff recommends demolishing and reconstructing the residence.

This bid is being awarded on the best value for the City based upon criteria enumerated in the bidding documents, including reputation of the bidder and the quality of the bidder's goods or services. Considering these criteria, the bidder that can perform the reconstruction services at the best value to the City is MLG Construction Company. In addition to being the best value, MLG Construction Company has satisfactorily completed several housing rehabilitation and reconstruction projects for the City of City Council Regular Meeting Minutes January 26, 2012 Page 21 of 23

Baytown.

ORDINANCE NO. 11,856

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE HOUSING RECONSTRUCTION PROJECTS LOCATED AT 517½ N. SECOND STREET AND 318 N. HWY 146, BAYTOWN, TEXAS, TO MLG CONSTRUCTION COMPANY, FOR THE SUM OF ONE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED THIRTY-TWO AND NO/100 DOLLARS ($116,532.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

7. APPOINTMENTS

a. Appointments: Community Development Advisory Committee Appointments - Planning and Development Services.

City Manager Leiper presented the agenda item to discuss the four (4) reappointments of Ms. Martha Barnett District 3 Appointment, Mr. Simmie Robinson District 1 Appointment, Mr. Jerry Smith District 4 Appointment, Ms. Donna Terpening (Co-Chair) District 2 Appointment, and the three vacant positions. City Manager Leiper stated that Ms. Mary Flores submitted an application for the At-Large position, Mr. Randy Casey submitted an application for the District 6 position, and the Youth position is open.

Council Member McCartney nominated Mr. Randy Casey to fill the position for the District 6 appointment.

City Manager Leiper recommended considering the reappointments of District 3 and 4; the appointments of District 6 and the At-Large position; and adding the reappointments of districts (1) and (2) to the next meeting.

A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving the reappointments of Ms. Martha Barnett to District 3, Mr. Jerry Smith to District 4, and the appointments of Ms. Mary Flores for the At-Large Position and Mr. Randy Casey to District 6. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain

Nays: None

City Council Regular Meeting Minutes January 26, 2012 Page 22 of 23

Other: Council Member Mercedes Renteria (Not present for vote) and Council Member Scott Sheley (Absent)

Approved

8. MANAGER'S REPORT

a. Present the 11th Annual "Daddy and Me" Valentine's Dance - Parks and Recreation.

b. Upcoming City Council Retreat, January 31, 2012 - Administration.

City Manager Leiper presented the agenda item and stated that the 11th Annual 2012 "Daddy and Me" Valentine's Dance will be held on Friday, February 3rd, from 7:00 p.m. until 10:00 p.m. at the Baytown Community Center and that the City Council Retreat will be on Tuesday, January 31, 2012, at 4:00 p.m. at the Spring Hill Suites located on Garth Road, north of I-10.

City Manager Leiper stated that the Parks and Recreation Department received the Parks and Natural Area Awards in recognition of the playbook 2020 Parks and Recreation Master Plan.

City Manager Leiper recommended rescheduling the March 22, 2012 Council Meeting to Monday, March 19, 2012, due to the TML Regional 14 Spring Meeting being on that same night at 6:30 P.M. at the Four Season Hotel.

9. ADJOURN

A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo adjourning the January 26, 2012, City Council Regular Meeting. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain

Nays: None

Other: Council Member Mercedes Renteria (Not present for vote) and Council Member Scott Sheley (Absent)

Approved

City Council Regular Meeting Minutes January 26, 2012 Page 23 of 23

With there being no further business to discuss, Mayor DonCarlos adjourned the January 26, 2012, City Council Regular Meeting at 8:46 P.M.

______Leticia Brysch, City Clerk City of Baytown

AIR-5647 2. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Second Public Hearing: Regarding Involuntary Annexation of Approximately 608 Acres of Land in the ETJ - Planning and Development Services. Prepared for: Leticia Brysch Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office

Information ITEM Conduct the second public hearing regarding the proposed annexation of approximately 608 acres of land in the City's extraterritorial jurisdiction, generally located between Interstate 10 to the north, East Cedar Bayou-Lynchburg Road to the south, Garth Road on the west, North Main Street to the east, as well as the unincorporated property located approximately 500 feet east of North Main Street between Interstate 10 and West Cedar Bayou-Lynchburg Road in Harris County, Texas.

PREFACE This second public hearing allows interested persons the right to speak and be heard regarding the involuntary annexation of approximately 608 acres of land generally located between Interstate 10 to the north, West Cedar Bayou-Lynchburg Road to the south, Garth Road on the west, North Main Street to the east in Harris County, Texas, as well as the unincorporated property located approximately 500 feet east of North Main Street between Interstate 10 and East Cedar Bayou-Lynchburg Road, Harris County, Texas.

Parts of the surrounding area have been incrementally annexed over the years as utilities are extended. The upcoming completion of the water and sewer project along North Main Street will provide the base infrastructure for extending utilities to all of this area. This parcel is contiguous to the city limits of Baytown and is occupied with 83 residential parcels.

Staff created a service plan for the property, which is attached to the packet, along with a map for your review. Notice of the second public hearing was published in the January 24, 2012, issue of the Baytown Sun and posted on the City of Baytown’s notice board on the same day. The City held the first public hearing regarding this annexation on January 26th, where a number of residents spoke on this item. Following tonight's hearing, the next steps in the process will be the first reading of the annexation ordinance scheduled for March 1, 2012.

Working toward this annexation furthers the city's vision statement of promoting smart, Working toward this annexation furthers the city's vision statement of promoting smart, controlled growth and utility extension.

RECOMMENDATION

Fiscal Impact Fiscal Year: 2011-2012 Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: N Amount Needed: $0 Fiscal Impact (Additional Information): There is no fiscal impact for this item.

Attachments Resolution No. 2160 Map

INTERSTATE 10 PROPOSED ANNEXATION OF ~ 608 ACRES

NORTH MAINST

GARTH RD Exhibit "A"

ARCHER RD

Legend Parcels2011 CityLimit E CEDAR BAYOU LYNCHBURG RD PROP. 593 ACRES

AIR-5258 2. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Public Hearing: Regarding the Zoning Chapters of the Unified Land Development Code - Planning and Development Services. Prepared for: Kelly Carpenter Prepared by: Kelly Carpenter, Planning and Development Services Department: Planning and Development Services

Information ITEM Hold a public hearing giving all interested parties the right to appear and be heard regarding the repeal of Chapter 130 "Zoning" of the Baytown Code of Ordinances and the adoption of new zoning regulations to be included in a new Unified Land Development Code.

PREFACE The purpose of this item is to hold a public hearing to hear comment on the zoning chapters of the Unified Land Development Code.

In 2005 the city contracted with a consultant to prepare a unified land development code for the city. A draft was released in late 2006, but it lay dormant until the spring of 2008, when under a new administration, the decision was made to go forward with a staff draft of a unified land development code.

In January 2009, the council appointed a citizen task force to prepare a ULDC (or zoning chapters of the unified land development code). The citizen task force met over 70 times during the ensuing two years and handed off a draft zoning code for the consideration of the Planning and Zoning Commission in January 2011. Since January 2011, the Planning and Zoning Commission has held over 19 meetings to review the citizen task force draft. A Planning and Zoning Commission amended draft was sent back to the citizen task force for its consideration on October 20, 2011. Two joint meetings have already been held between the City Council and the Planning and Zoning Commission on the zoning chapters of the ULDC. A joint meeting was also held between the citizen task force and the Planning and Zoning Commission. Over the three recent years of this project, several developers and an industry lobbyist addressed the task force. Most comments of citizens (non-developers) addressed a specific problem an applicant was experiencing or a specific property rather than a policy issue. All of the 90 meetings held were open to the public and posted on the City's notice board.

On January 17, 2012, the Planning and Zoning Commission affirmatively voted to On January 17, 2012, the Planning and Zoning Commission affirmatively voted to recommend the zoning chapters of the Unified Land Development Code to City Council for consideration.

City Council discussed the draft at their January 26, 2012 work session. Attached hereto is the draft of the code with modifications as requested by the Council.

RECOMMENDATION

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item at this time.

AIR-5264 2. c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Adopting the Zoning Chapters, Articles 1 through 4 of the Unified Land Development Code - Planning and Development Services. Prepared for: Kelly Carpenter Prepared by: Kelly Carpenter, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an ordinance repealing Chapter 130 (Zoning), Baytown Code of Ordinances and adopting the new zoning regulations to be included in a new Unified Land Development Code.

PREFACE The purpose of this item is to consider an ordinance repealing Chapter 130 (Zoning), Baytown Code of Ordinances and adopting the new zoning regulations to be included in a new Unified Land Development Code. City Council discussed the draft at their January 26, 2012 work session. Attached hereto is the draft of the code with modifications as requested by the Council.

In determining whether to adopt, adopt with modifications or disapprove the proposed ULDC, the following factors must be addressed:

1. Consistency with Chapter 130, Baytown Code of Ordinances - Does the proposed amendment conflict with any portion of this chapter?

This application is for a new Unified Land Development Code to include all land development processes and standards that are appropriate to place in one easy-to-use document. Since the existing zoning code will be repealed, there will be no conflicts with it.

2. Compatibility with surrounding area - Is the proposed amendment compatible with existing and proposed uses in the surrounding area and is the request for the appropriate district?

This is an amendment to the text of the code and compatibility with land uses is not an applicable question.

3. Changed conditions - What are the changed conditions that require an amendment? The conditions that have changed are that the City Council decided in 2005 to pursue a new Unified Land Development Code. The City's vision statement developed in 2008 also addressed updating the code. The Council appointed a citizen task force to write a new zoning chapter for the Unified Land Development Code.

4. Effect on natural environment - Will the proposed amendment result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment?

The Unified Land Development Code (Zoning Chapter) does not add regulation on water, air, noise, storm water management or wetlands. It does propose additional language on landscaping and pedestrian connectivity (sidewalks).

5. Community need - Does this proposed amendment address a demonstrated community need?

The demonstrated community need is for a more comprehensive zoning chapter that will lead to higher quality development and, in turn, improve quality of life and the tax base.

6. Development patterns - Does this proposed amendment result in a logical and orderly development pattern that does not constitute spot zoning?

The text of the zoning code itself does not result in such a development pattern, but provides the framework for such a development pattern in the categories and design standards therein.

The zoning code is an implementing tool for the comprehensive plan and is one method for achieving the land use goals in the comprehensive plan.This code addresses the major issues of zoning: land use, property development standards [building envelope (e.g., height, setbacks)], design standards, variances, special use permits, non-conforming uses, definitions and administration. The code has a strong relationship to the Comprehensive Plan (Baytown 2025 Plan) and to the policy directions that the plan offerred concerning land uses and development standards. This proposed code replaces the zoning code that is currently in place. The effective date will be at some time in the future, when the zoning mapping of the city is ready to be adopted by the city council.

The other tools (not under consideration this evening) include the future land use map, the comprehensive plan, the mobility plan and the remainder of the Unified Land Development Code, most importantly the subdivision regulations. The other tool is the mapping of the new zoning categories. Taken as as a whole these tools will improve Baytown's ability to compete in the regional growth market.

Staff thanks the Citizen Task Force and the Planning and Zoning Commission for the long and thoughtful hours put into this project to help make Baytown a better city. RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 130 “ZONING” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS. AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADOPT THE NEW ZONING REGULATIONS TO BE INCLUDED IN A NEW UNIFIED LAND DEVELOPMENT CODE; AMENDING CHAPTER 2 “ADMINISTRATION,” ARTICLE IV “BOARDS AND COMMISSIONS,” DIVISION 3 “PLANNING AND ZONING COMMISSION,” SECTION 2-326 “POWERS AND DUTIES,” SUBSECTION (7); AND DIVISION 10 “BOARD OF ADJUSTMENT,” SECTION 2-547 “POWERS AND DUTIES” AND ARTICLE V “FINANCE,” DIVISION 1 “GENERALLY,” SECTION 2-595 “POWERS AND DUTIES,” SUBSECTION (1) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 18 “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE XII “FENCING,” DIVISION 2 “BUFFER FENCING,” SECTION 18-1006 “CONSTRUCTION OF DIVISION”; ARTICLE XIV “LANDSCAPING,” SECTION 18-1206.5 “VEGETATIVE BUFFER ZONES” AND ARTICLE XV “VACANT BUILDINGS,” SECTION 18-1303 “DEFINITIONS,” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 21 “CABLE AND TELECOMMUNICATION REGULATIONS,” ARTICLE III “TELECOMMUNICATION REGULATIONS,” DIVISION 2 “STANDARDS,” SECTION 21-111 “TELECOMMUNICATION TOWER STANDARDS,” SUBSECTION (D); SECTION 21-112 “TOWER LOCATION STANDARDS,” SUBSECTIONS (B), (E), (F) AND (G), SECTION 21-113 “ALTERNATIVE MOUNTING STRUCTURES”; SECTION 21-114 “ANTENNA MOUNTING STANDARDS”; SECTION 21-116 “MEASUREMENT OF DISTANCES”; SECTION 21-117 “SUMMARY TABLE”; AND DIVISION 3 “SPECIAL USE PERMITS,” SECTION 21-125 “PUBLIC HEARINGS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 58 “MANUFACTURED HOMES, MOBILE HOMES, RECREATIONAL VEHICLES AND PARKS,” ARTICLE III “NEW MANUFACTURED HOMES,” DIVISION 2 “OUTSIDE MANUFACTURED HOME PARKS,” SECTION 58-161 “ESTABLISHED LOCATIONS”; SECTION 58-163 “AREA REQUIREMENTS” AND ARTICLE IV “RECREATIONAL VEHICLES,” DIVISION 1 “GENERALLY,” SECTION 58-233 “DEFINITIONS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 62 “NATURAL RESOURCES,” ARTICLE II “OIL AND GAS,” DIVISION 3 “WELL SPACING,” SECTION 62-108 “MULTIPLE WELLS FROM ONE SURFACE LOCATION”; AND DIVISION 4 “TECHNICAL PROVISIONS,” SECTION 62-137 “TECHNICAL REQUIREMENTS,” SUBSECTION (22) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 74 “PEDDLERS AND SOLICITORS,” ARTICLE II “ITINERANT MERCHANTS AND OPEN AIR VENDORS,” DIVISION 1 “GENERALLY,” SECTION 74-33 “GENERAL PROHIBITIONS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 82 “SECONDHAND GOODS,” ARTICLE IV “GARAGE SALES,” SECTION 82-204 “PERSONS AND SALES EXCEPTED” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 112 “OFF-STREET PARKING,” SECTION 112-2 “APPLICABILITY” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 3 “COMMERCIAL DEVELOPMENTS,” SECTION 126-387 “OFF-STREET PARKING”; DIVISION 5 “PRIVATE SUBDIVISION DEVELOPMENT,” SECTION 126-436 “LOT SIZE”; AND ARTICLE V “ENGINEERING AND CONSTRUCTION STANDARDS,” DIVISION 2 “STREETS” SECTION 126-641 “STANDARDS” OF THE CODE OF ORDINANCES BAYTOWN, TEXAS; 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.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That Chapter 130 “Zoning” of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety.

Section 2: That the Code of Ordinances, Baytown, Texas, is hereby amended to include the regulations attached hereto as Exhibit “A” and incorporated herein for all intents and purposes, which regulations shall be included in a new Unified Land Development Code.

Section 3: That Chapter 2 “Administration,” Article IV “Boards and Commissions,” Division 3 “Planning and Zoning Commission,” Section 2-326 “Powers and duties,” subsection (7) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 2. ADMINISTRATION

ARTICLE IV. BOARDS AND COMMISSIONS

DIVISION 3. PLANNING AND ZONING COMMISSION

Sec. 2-326. Powers and duties. The planning and zoning commission shall exercise the following powers and shall be required to:

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. . .

(7) Recommend boundaries for various original zoning districts and appropriate zoning regulations for each district; recommend appropriate regulations to be enforced therein; make a preliminary report concerning the recommended boundaries and appropriate zoning regulations for each district; hold public hearings on the preliminary report; make a final report and submit such report to the city council; hold public meetings to receive and compile comments on the unified land development code and make those comments available to city council; and perform such other functions as conferred on a zoning commission by V.T.C.A., Local Government Code, ch. 211 and the unified land development code; and

Section 4: That Chapter 2 “Administration,” Article IV “Boards and Commissions,” Division 10 “Board of Adjustment,” Section 2-547 “Powers and duties” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 2. ADMINISTRATION

ARTICLE IV. BOARDS AND COMMISSIONS

DIVISION 10. BOARD OF ADJUSTMENT

Sec. 2-547. Powers and duties.

The board of adjustment shall exercise the powers and shall be required to:

(1) Hear and decide appeals where it is alleged that there is an error in any order or decision by city officials in the administration and enforcement of the unified land development code;

(2) Hear and decide appeals of any interpretation of the text of the zoning regulations contained in the unified land development code made by the director of planning and community development;

(3) Hear and decide requests for zoning variances from the terms of the unified land development code pursuant to the procedures and standards set for therein; and

(4) Hear and decide other matters as authorized by the unified land development code.

Section 5: That Chapter 2 “Administration,” Article V “Finance,” Division 1 “Generally,” Section 2-595 “Powers and duties,” subsection (1) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

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CHAPTER 2. ADMINISTRATION

ARTICLE IV. BOARDS AND COMMISSIONS

DIVISION 3. PLANNING AND ZONING COMMISSION

Sec. 2-595. Fees for various city services.

The fees set out below are adopted for the city services outlined herein:

(1) Planning services. Any person applying to the city for a permit or approval for the following planning services shall pay to the city, prior to the issuance of the permit or obtaining an approval, the fee as indicated hereinbelow:

Activity Fee

Fire lane easements $150.00 Home occupation $25.00, annual fee $7.00 Special use permit processing fee $500.00

Zoning text or map amendment $150.00 application fee Zoning variance or special $100.00 exception application fee

Section 6: That Chapter 18 “Buildings and Building Regulations,” Article XII “Fencing,” Division 2 “Buffer Fencing,” Section 18-1006 “Construction of division” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS

ARTICLE XII. FENCING

DIVISION 2. BUFFER FENCING

Sec. 18-1006. Construction of division.

Nothing in this division shall be construed to require the applicant for a building permit, as described in section 18-1010, to erect a fence between the property for which the permit is sought and the abutting property for which a use is made other than as existing one or two living units. This division shall not be construed to require fencing between such property and abutting vacant, non-deed-restrictive property at the time of the building permit application unless otherwise required by the unified land development code.

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Section 7: That Chapter 18 “Buildings and Building Regulations,” Article XIV “Landscaping,” Section 18-1206.5 “Vegetative buffer zones” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS

ARTICLE XIV. LANDSCAPING

Sec. 18-1206.5. Vegetative buffer zones.

(a) Purposes. The purpose of the vegetative buffer zones required herein is to guard against incompatible uses in adjacent zoning districts by providing a visual screen, a light barrier, a sound barrier and some containment of air movement near the ground level. The provisions of this section shall be construed to accomplish these purposes.

(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

HI zoning district shall mean the HI heavy industrial zoning district established in the unified land development code.

LI zoning district shall mean the LI light industrial zoning district established in the unified land development code.

Vegetative buffer zone has the meaning ascribed to it in the unified land development code.

(c) General. The LI and HI zoning districts shall be screened from view of (i) adjacent SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, MU, NSC, ACE, and LC zoning districts, (ii) an adjacent lot that contains a dwelling unit and (iii) adjacent HI and LI districts if a public right-of-way or navigable waterway is adjacent to such HI or LI district. Such screening shall be accomplished through the use of landscaping materials as required herein. At least 50 percent of the shade trees and small trees required shall be evergreens. No more than 50 percent of such trees shall be of the same species Such percentages shall be determined on a per lot basis.

(1) LI zoning district. The vegetative buffer zone in the LI zoning district shall be divided into the following zones:

a. LI zone 1 shall extend 25 feet inward from the outer boundary of the vegetative buffer zone, and

b. LI zone 2 shall extend 25 feet inward from the inner boundary of LI zone 1.

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(2) HI zoning district. The vegetative buffer zone in the HI zoning district shall be divided into the following zones:

a. HI zone 1 shall extend 25 feet inward from the outer boundary vegetative buffer zone;

b. HI zone 2 shall extend 25 feet inward from the inner boundary of HI zone 1; and

c. HI zone 3 shall extend 50 feet inward from the inner boundary of HI zone 2.

(d) Exemption. A vegetative buffer zone shall be exempt from sections 18-1205 and 18-1206.

(e) Landscaping requirements. The landscaping requirements of this subsection are intended to provide a continuous vegetative screening of the district. The following contain the minimum standards; however additional plantings may be required to accomplish this purpose.

(1) LI zoning district.

a. LI zone 1. The owner shall plant and maintain at least the following in LI zone 1:

1. Mixture of small trees and shade trees, which shall be planted every 30 linear feet, 15 feet from the outside boundary of LI zone 1; provided, however, that no more than 50 percent of trees may be small trees;

2. Eight shrubs for every 30 linear feet evenly spaced; and

3. Groundcover extending for 15 feet measured from the outside boundary of the LI zone 1, which groundcover shall be maintained in accordance with article II of chapter 42

b. LI zone 2. In LI zone 2, the owner shall plant and maintain at least one shade tree every 30 linear feet with centers 15 feet from the inner boundary of LI zone 2. Such trees shall be offset 15 feet from the trees in LI zone 1.

(2) HI zoning district.

a. HI zone 1. The owner shall plant and maintain groundcover extending throughout the entire HI zone 1, which shall be maintained in accordance with article II of chapter 42.

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b. HI zone 2. The owner shall plant and maintain at least the following in HI zone 2:

1. Mixture of small trees and shade trees, which shall be planted every 30 linear feet, 15 feet from the inside boundary of HI zone 1; provided, however, that no more than 50 percent of trees may be small trees; and

2. Eight shrubs for every 30 linear feet evenly spaced.

HI zone 2 shall be maintained so as to allow native trees, shrubs, vines, and other forms of vegetations to grow naturally.

c. HI zone 3. In HI zone 3, the owner shall plant and maintain the following:

1. At least one shade tree every 30 linear feet with centers ten feet from the inner boundary of HI zone 2. Such trees shall be offset ten feet from the trees in HI zone 2; and

2. At least one shade tree every 30 linear feet with centers 20 feet from the inner boundary of HI zone 3. Such trees shall be offset ten feet from the trees required in subsection (d)(2)(c)(1).

HI zone 3 shall be maintained so as to allow native trees, shrubs, vines, and other forms of vegetations to grow naturally.

(f) Credits. Credit may be given or received for preservation of existing trees as follows; provided that the existing trees are located within the vegetative buffer zone, in good form and condition and reasonably free of damage by insect, disease or other affliction as determined by the director:

Existing Tree Caliper Tree Credit 1/½—6 inches 1

Over 6—12 inches 2

Over 12 inches 3

(g) Replacements. All persons subject to this section must replace dead landscaping or landscaping that has been removed by any means and for any reason no later than the next growing season as specified in the written notification by the director. Failure to replace landscaping as required by this section shall constitute a violation of this article punishable as provided in section 18-1208.

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Section 8: That Chapter 18 “Buildings and Building Regulations,” Article XV “Vacant Buildings,” Section 18-1303 “Definitions,” of the Code of Ordinances, Baytown, Texas, is hereby amended to add the definition of “dwelling unit” and to amend the definition of “residential use” to read as follows:

CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS

ARTICLE XV. VACANT BUILDINGS

Sec. 18-1303. Definitions.

Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning:

Residential use means the primary use of property is limited to one of the following:

1. Attached single-family dwelling;

2. Detached single-family dwelling; or

3. Duplex dwelling as defined in article 4 of the unified land development code.

Section 9: That Chapter 21 “Cable and Telecommunication Regulations,” Article III “Telecommunication Regulations,” Division 2 “Standards,” Section 21-111 “Telecommunication tower standards,” Subsection (d) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS

ARTICLE III. TELECOMMUNICATION REGULATIONS

DIVISION 2. STANDARDS

Sec. 21-111. Telecommunication tower standards.

(d) Fencing. Security fencing enclosing the base of a tower shall be by a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than six feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from an SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district, residential use, or public right-of-way must have a neutral aggregate finished or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings.

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Section 10: That Chapter 21 “Cable and Telecommunication Regulations,” Article III “Telecommunication Regulations,” Division 2 “Standards,” Section 21-112 “Tower location standards,” Subsections (b), (e), (f) and (g) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS

ARTICLE III. TELECOMMUNICATION REGULATIONS

DIVISION 2. STANDARDS

Sec. 21-112. Tower location standards.

(b) Residential. Except as otherwise provided in this article, telecommunications towers are not permitted in any SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district and must be at least:

(1) Two hundred fifty feet from any property, which is within a SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district or is used for residential purposes, regardless of the zoning district if the tower height is 75 feet or less; or

(2) A distance from any property which is within a SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district or is used for residential purposes, regardless of the zoning district, calculated as follows:

a. Two hundred fifty feet; plus

b. Five feet per each foot of tower height or portion thereof over 75 feet.

(e) Towers permitted by right. Freestanding monopole telecommunication towers 85 feet or less in height are permitted in the MU, GC, LI and HI zoning districts; provided that all of the applicable standards of this article are satisfied.

(f) Towers requiring special use permits. Except as otherwise provided in this article, telecommunication towers in excess of 50 feet in height and monopole towers in excess of 85 feet in height are permitted in the MU, GC, LI and HI zoning districts with a special use permit.

(g) Telecommunication towers erected to replace existing poles. Telecommunication towers erected to replace existing poles are permitted in all zoning districts if:

(1) The pole replaced is a functioning utility pole or light standard within a utility easement or public right-of-way, recreation facility light pole or telecommunication tower;

(2) Replacement tower height, including antennae array, does not exceed:

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a. The height of the original utility, light standard or recreation facility pole by more than ten feet; or

b. The height of the original telecommunication tower and antennae array;

(3) The pole replaced does not obstruct a public sidewalk, public alley or other public right-of-way; and

(4) Pole appearance and function, except for antennae, are not significantly altered.

Section 11: That Chapter 21 “Cable and Telecommunication Regulations,” Article III “Telecommunication Regulations,” Division 2 “Standards,” Section 21-113 “Alternative mounting structures” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS

ARTICLE III. TELECOMMUNICATION REGULATIONS

DIVISION 2. STANDARDS

Sec. 21-113. Alternative mounting structures.

(a) New alternative mounting structures 100 feet or less in height are permitted by right in the MU, GC, LI and HI zoning districts.

(b) New alternative mounting structures in excess of 100 feet in height are permitted in the MU, GC, LI and HI zoning districts with a special use permit.

(c) All new alternative mounting structures located in a SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district shall require a special use permit.

(d) Alternative mounting structures must be similar in color, scale and character to adjoining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment.

Section 12: That Chapter 21 “Cable and Telecommunication Regulations,” Article III “Telecommunication Regulations,” Division 2 “Standards,” Section 21-114 “Antenna mounting standards” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

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CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS

ARTICLE III. TELECOMMUNICATION REGULATIONS

DIVISION 2. STANDARDS

Sec. 21-114. Antenna mounting standards.

The purpose of this section is to promote public safety and maintain order and harmony within the city's zoning districts by restricting the size and location of telecommunication antennas. The object is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorist on public thoroughfares and to ensure the structural integrity of supporting structures.

(1) Whip and panel antenna mounting standards.

a. Individual telecommunications antennas are allowed on existing electric utility poles, light standards, and telecommunication towers in excess of 40 feet in height, provided that the total length of any antenna does not exceed 15 percent of the height of the structure. The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas.

b. Telecommunication antennas and arrays are allowed by right on existing electric transmission towers.

c. Existing structures in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure complies with subsection 21-112(g).

d. Panel antennas, which do not extend above the structures, or whip antennas 15 feet or less in height, are permitted on conforming and properly permitted ground sign structures.

e. Building-mounted panel antennas are permitted on nonresidential buildings and multifamily dwellings in all zoning districts, provided that they are mounted flush with the exterior of the building and that they do not project above the roof line nor more than 30 inches from the surface of the building to which they are attached. The antenna's appearance shall be such that its color and texture blends with the surrounding surface of the building.

f. Whip antennas are permitted on nonresidential buildings and multifamily dwellings in all zoning districts, provided that the total length of the whip antennas, regardless of mounting method or location, does not exceed 15 feet of the height of the building.

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g. Only one building/roof mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area.

(2) Dish antenna mounting standards.

a. Dish antennas shall not be permitted in any front setback area or sideyard setback adjacent to any roadway.

b. Ground mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six-foot high screening fence, evergreen hedge, or masonry wall.

c. Dish antennas in excess of ten feet in height or more than three meters in diameter shall not be permitted in any SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district.

d. Building/roof mounted dish antennas one meter or less in diameter are permitted in all zoning districts.

e. Building/roof mounted dish antennas two meters or less in diameter are permitted on all buildings in excess of 5,000 square feet of building floor area in the MU, GC, LI and HI zoning districts.

f. Only one building/roof mounted dish antenna, two meters or less in diameter, is permitted per 5,000 square feet of building floor area on nonresidential buildings and on multifamily dwellings in the SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning districts.

g. Building/roof mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 100,000 square feet of building floor area in the MU, GC, LI and HI zoning districts with a special use permit.

h. Building/roof mounted dish antennas in excess of one meter in diameter in SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning districts shall be painted to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.

i. Building/roof mounted dish antennas in excess of two meters in diameter, in MU zoning districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.

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(3) Structural certification. The chief building official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment.

Section 13: That Chapter 21 “Cable and Telecommunication Regulations,” Article III “Telecommunication Regulations,” Division 2 “Standards,” Section 21-116 “Measurement of distances” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS

ARTICLE III. TELECOMMUNICATION REGULATIONS

DIVISION 2. STANDARDS

Sec. 21-116. Measurement of distances.

Distances in this article shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of a historic property, scenic corridor or SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoned property or residential use.

Section 14: That Chapter 21 “Cable and Telecommunication Regulations,” Article III “Telecommunication Regulations,” Division 2 “Standards,” Section 21-117 “Summary table” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS

ARTICLE III. TELECOMMUNICATION REGULATIONS

DIVISION 2. STANDARDS

Sec. 21-117. Summary table.

The summary table in this section provides a tabular summary of the telecommunication facilities allowed in the various zoning and historic districts as well as the scenic corridors of the city. The table is intended for reference only and does not necessary reflect all of the regulations that may apply. If a conflict occurs between the text of this article and the summary table, the text shall control.

(1) Permitted by right. Facilities identified with a "P" are permitted by right and shall be permitted in the corresponding district subject to all other applicable standards of this code.

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(2) Permitted with special use permit. Facilities identified with a "SUP" are permitted by right, but shall be permitted in the corresponding district only in compliance with the supplementary use standards referenced in the final column of the table and subject to all other applicable standards of this article and code requirements.

(3) Not permitted. Uses not identified in a particular district column of the use table as permitted by right are not allowed in such district unless otherwise expressly permitted by other sections of this article.

(4) Conditions. The final column of the summary table contains references to the standards applicable to the telecommunication facility type in one or more districts or corridors.

SFE, SF1, SF2, MF1, MF2, Historic/ Telecommunication Facility MU, GC, MF3, NC, UN, Scenic Conditions Type LI, HI NSC, LC or Corridor ACE

New Lattice, Other Towers 0 to 50 feet P — — 21-112(f) > 50 feet SUP — — 21-112(f)

New Monopole Towers 0 to 85 feet P — — 21-112(e) > 85 feet SUP — — 21-112(f) Alternative Mounting Structures 0 to 100 feet 21-113(a) and P SUP Stealth (c) > 100 feet 21-113(b) and SUP SUP Stealth (c) Antenna Only Mountings Electric Transmission Towers P P Stealth 21-114(1)b. Existing Telecom Towers > 40 feet P P Stealth 21-114(1)a. Utility Poles > 40 feet P P Stealth 21-114(1)a. Light Poles > 40 feet P P Stealth 21-114(1)a. Conforming and permitted ground P 21-114(1)d. P Stealth signs Building Mounted Panels Stealth Stealth* Stealth 21-114(1)e. Building Mounted Whips P P* Stealth 21-114(1)f. Roof Mounted Arrays P** P** Stealth 21-114(1)g.

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Dish Antenna Mountings

Building/Roof Mounted ≤ 1 m dia. 21-114(2) a. P P Stealth and d.

Building/Roof Mounted ≤ 2 m dia. 21-114(2)a., P** P* Stealth e., f. and h. Building/Roof Mounted > 2 m dia. 21-114(2)a., P*** — Stealth g. and i.

Ground Mounted 21-114(2)a., P P Stealth ≤ 3 m dia. b. and c. Ground Mounted 21-114(2)a., P — Stealth > 3 m dia. b. and c.

Ground Mounted 21-114(2)a., P P Stealth ≤ 10 feet high b. and c. Ground Mounted P — Stealth 21-114(2)a., >10 feet high b. and c.

Key: * Nonresidential and multifamily structures only. ** Nonresidential structures in excess of 5,000 square feet of floor area. *** Nonresidential structures in excess of 100,000 square feet of floor area.

Section 15: That Chapter 21 “Cable and Telecommunication Regulations,” Article III “Telecommunication Regulations,” Division 3 “Special use permits,” Section 21-125 “Public hearings” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS

ARTICLE III. TELECOMMUNICATION REGULATIONS

DIVISION 3. SPECIAL USE PERMITS

Sec. 21-125. Public hearings.

The notification and public hearing process for a special use permit or revocation thereof shall be the same as set forth in division 2 of the unified land development code.

Section 16: That Chapter 58 “Manufactured Homes, Mobile Homes, Recreational Vehicles and Parks,” Article III “New Manufactured Homes,” Division 2 “Outside Manufactured Home Parks,” Section 58-161 “Established locations” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

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CHAPTER 58. MANUFACTURED HOMES, MOBILE HOMES, RECREATIONAL VEHICLES AND PARKS

ARTICLE III. NEW MANUFACTURED HOMES

DIVISION 2. OUTSIDE MANUFACTURED HOME PARKS

Sec. 58-161. Established locations.

(a) Manufactured homes shall be permitted by right in both the urban neighborhood zoning district as well as the single family estate (SFE) zoning district as further defined in the unified land development code.

(b) Manufactured homes shall be permitted subject to the residential design manufactured housing standards of section 3.13 of the unified land development code in all other zoning districts not included in subsection (a) of this section; provided that the manufactured homes have minimum dimensions of 22 body feet in width.

Section 17: That Chapter 58 “Manufactured Homes, Mobile Homes, Recreational Vehicles and Parks,” Article III “New Manufactured Homes,” Division 2 “Outside Manufactured Home Parks,” Section 58-163 “Area requirements” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 58. MANUFACTURED HOMES, MOBILE HOMES AND PARKS

ARTICLE III. NEW MANUFACTURED HOMES

DIVISION 2. OUTSIDE MANUFACTURED HOME PARKS

Sec. 58-163. Area requirements.

(a) A manufactured home may be parked on a vacant lot or plot outside a manufactured home park as defined in section 58-1 (manufactured home lot), provided that all of the standards enumerated in chapters 122 and 126 and the unified land development code applicable to residential developments and single-family dwelling units are satisfied.

(b) If a lot is adjacent to two or more streets, the owner may designate any one side adjacent to a street to be the lot front; that portion of the lot opposite the designated front shall be considered the back lot line.

(c) Only one manufactured home may be placed on a lot and no other single-family dwelling units shall be allowed thereon. Further only permitted accessory structures as described in the unified land development code shall be located on a lot with the manufactured home.

(d) A manufactured home may be parked adjacent to a place of business, provided a spacing of ten feet from the nearest building, on the same property, is maintained, and five feet

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from any interior property lines, or not less than 15 feet set back from a street. Not more than one manufactured home shall be parked on the same lot or plot with a commercial building. No manufactured home shall be parked adjacent to a place of business where such placement would create a hazard to life, safety or health.

Section 18: That Chapter 58 “Manufactured Homes, Mobile Homes, Recreational Vehicles and Parks,” Article IV “Recreational Vehicles,” Division 1 “Generally,” Section 58-233 “Definitions” of the Code of Ordinances, Baytown, Texas, is hereby amended to amend the definition of “land development code” read as follows:

CHAPTER 58. MANUFACTURED HOMES, MOBILE HOMES AND PARKS

ARTICLE IV. RECREATIONAL VEHICLES

DIVISION 1. GENERALLY

Sec. 58-233. Definitions.

The following words, terms and phrases when used in this article, shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning:

Land development regulations shall mean regulations contained in this code which arise due to the construction, rehabilitation or expansion of a recreational vehicle park, including, but not limited to, those regulations contained in chapters 18 and 126, and the unified land development code.

Section 19: That Chapter 62 “Natural Resources,” Article II “Oil and Gas,” Division 3 “Well Spacing,” Section 62-108 “Multiple wells from one surface location” of the Code of Ordinances, Baytown, Texas, is hereby amended to amend the definition of “land development code” to read as follows:

CHAPTER 62. NATURAL RESOURCES

ARTICLE II. OIL AND GAS

DIVISION 3. WELL SPACING

Sec. 62-108. Multiple wells from one surface location.

Notwithstanding any other provision of this chapter, multiple wells for oil or gas or both, may be drilled from a single-surface drill-site tract on the surface of a single drilling unit under the following circumstances:

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(1) The surface location is in a heavy industrial zoning district, or is located outside of the regulated area; and

(2) The distance from any residential structure to any wellhead, tanks or production equipment associated with any well is at least 500 feet distant; and

(3) The nearest commercial or other structure to any wellhead, tanks or production equipment associated with any well is at least 500 feet distant; and

(4) The nearest municipal park, playground or school to any wellhead, tanks or production equipment associated with any well is at least 500 feet distant.

The bottom-hole locations of such wells may be located in one or more drilling units, provided that the depth thereof shall not be less than 2,000 feet subsurface when a well penetrates the vertical extension of the boundary of the drill-site tract. Notwithstanding any other provisions of this article, multiple completions may be made in any given drilling block if a well otherwise meets the requirements of this section. Notwithstanding the foregoing, (a) no more than one contiguous surface tract, not to exceed 40 acres in area, shall be utilized within a given gas drilling unit as a surface drillsite location; and (b) no more than one contiguous surface tract, not to exceed ten acres in area, shall be utilized within a given oil drilling unit as a surface drillsite location.

Section 20: That Chapter 62 “Natural Resources,” Article II “Oil and Gas,” Division 4 “Technical Provisions,” Section 62-137 “Technical requirements,” Subsection (22) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 62. NATURAL RESOURCES

ARTICLE II. OIL AND GAS

DIVISION 4. TECHNICAL PROVISIONS

Sec. 62-137. Technical requirements.

All persons engaged in the drilling and operation of oil or gas wells within the regulated area shall comply with the following:

(22) Material, equipment, tools or pipe used for either drilling or producing operations at the well shall not be delivered to or removed from the well site except between the hours of 7:00 a.m. and 7:00 p.m. of any day, except in an emergency; provided, however, that this restriction shall not apply to operations conducted in an area zoned heavy industrial under the provisions of the unified land development code.

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Section 21: That Chapter 74 “Peddlers and Solicitors,” Article II “Itinerant Merchants and Open Air Vendors,” Division 1 “Generally,” Section 74-33 “General prohibitions” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 74. PEDDLERS AND SOLICITORS

ARTICLE II. ITINERANT MERCHANTS AND OPEN AIR VENDORS

DIVISION 1. GENERALLY

Sec. 74-33. General prohibitions.

(a) No itinerant merchant shall use or attempt to use any entrance other than the front or main entrance to a structure, or step from the sidewalk or indicated walkway, where one exists, leading from the right-of-way to the front or main entrance of the structure, except by express invitation of the resident or occupant of the property.

(b) No open air vendor shall:

(1) Be located in a SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, or NSC zoning district as defined in the unified land development code;

(2) Be allowed to locate in an area where there is less than two all-weather, off-street parking spaces per 1,000 square feet of display area on the site; or

(3) Locate in such a manner that will impede or interrupt the normal ingress and egress of traffic from a public right-of-way.

Section 22: That Chapter 82 “Secondhand Goods,” Article IV “Garage Sales,” Section 82-204 “Persons and sales excepted” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 82. SECONDHAND GOODS

ARTICLE IV. GARAGE SALES

Sec. 82-204. Persons and sales excepted.

(a) The provisions of this article shall not apply to or affect the following persons or sales:

(1) Persons selling personal property or goods pursuant to an order or process of a court of competent jurisdiction;

(2) Persons acting in accordance with their powers and duties as public officials;

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(3) Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which do not exceed five in number; or

(4) Persons conducting a garage sale on property, which is:

a. Used for commercial purposes and not located in a SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district; or

b. Located in a MU, GC, LI, HI zoning district and is not used for residential purposes.

(b) If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions and the permit holder desires to hold the permitted sale on an alternative date, then the permit holder shall submit an affidavit within five days of the first day of the scheduled sale to this effect to the planning and development services department, and the city may, but shall not be required to, issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee shall be required.

Section 23: That Chapter 112 “Off-Street Parking,” Section 112-2 “Applicability” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 112. OFF-STREET PARKING

Sec. 112-2. Applicability.

The off-street parking requirements specified in this chapter shall not apply to certain central business district areas as depicted on the maps set forth in appendix 2 of these chapters which are on file with the city clerk. All private property shown in the shaded portions on such maps is exempted from the requirements of this chapter; provided that such exemption shall have no application to any such property on which is located (i) a dwelling unit in a mixed-use building, (ii) a multifamily complex as defined in article 4 of the unified land development code, or (iii) a hotel as defined in article 4 of the unified land development code.

Section 24: That Chapter 126 “Subdivisions,” Article III “Developments,” Division 3 “Commercial Developments,” Section 126-387 “Off-street parking” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

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CHAPTER 126. SUBDIVISIONS

ARTICLE III. DEVELOPMENTS

DIVISION 3. COMMERCIAL DEVELOPMENTS

Sec. 126-387. Off-street parking.

(a) The commission shall be responsible for off-street parking requirements for commercial developments that must be platted.

(b) The commission may grant an exception to the requirements of chapter 112 when in its opinion one or more of the following apply to the platted development:

(1) The exception is not inconsistent with the intent of the ordinance;

(2) The development of additional phases will include provisions for any shortage;

(3) The proposed development is shown to not fit existing categories; or

(4) The proposed structures include areas that will not be used as a part of the majority use proposed.

Section 25: That Chapter 126 “Subdivisions,” Article III “Developments,” Division 5 “Private Subdivision Development,” Section 126-436 “Lot size” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 126. SUBDIVISIONS

ARTICLE III. DEVELOPMENTS

DIVISION 5. PRIVATE SUBDIVISION DEVELOPMENT

Sec. 126-436. Lot size.

All lots within a private subdivision within the city limits shall conform to this chapter and the unified land development code, including, but not limited to, the property development standards enumerated therein.

Section 26: That Chapter 126 “Subdivisions,” Article V “Engineering and Construction Standards,” Division 2 “Streets” Section 126-641 “Standards” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

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CHAPTER 126. SUBDIVISIONS

ARTICLE V. ENGINEERING AND CONSTRUCTION STANDARDS

DIVISION 2. STREETS

Sec. 126-641. Standards.

(a) Generally. All subdivision streets will be reinforced concrete pavement on a compacted stabilized subgrade. Concrete pavement shall be provided with either an integral curb poured with the pavement or a separate curb constructed on top of and doweled to the concrete pavement.

(b) Grade. Gutter gradients shall be a minimum of one-quarter of one percent. Crown sections shall slope not less than one-eighth inch per foot. The minimum drop around curb return will be one-tenth of one foot. All gutter grades shall be above the design water surface of ditches and storm sewers. All grade changes with algebraic differences of one percent or more shall be connected with a vertical curve.

(c) Width. The minimum width back-to-back of curbs of streets and rights-of-way shall be as follows: Right-of-Way Street Width Width (feet) (feet) Principal arterials and minor arterials 61 80—100 Collector streets 40 60 Local streets 28 50

(d) Pavement design. Pavement design shall conform to the city engineer's specifications.

(e) Concrete pavement.

(1) Standards generally. Concrete pavement shall conform to the requirements of Harris County standard specifications and the city engineer's specifications. Concrete pavement shall conform to the minimum standards of the pavement design table, which is as follows:

Pavement Design Table Class Thickness Longitudinal Steel Transverse Steel #4 bars #4 bars Local 6" 20.5" 36" Collector 7" 18" 36" Collector in LI or HI Zoning District* 8" 16 30" Minor Arterial 8" 16 30"

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Pavement Design Table Class Thickness Longitudinal Steel Transverse Steel #4 bars #4 bars Principal Arterial Specialized Design Specialized Design Specialized Design Major Thoroughfare Specialized Design Specialized Design Specialized Design

*If trucking volumes are anticipated to exceed 2,500 equivalent single axle loads per week, pavement design shall be by a geotechnical engineer licensed in the state to provide a 25-year minimum pavement design life, as approved by the city engineer.

(2) Subgrade. All subgrades for concrete pavement shall be at least six inches in depth and compacted to or meet the requirements of 95 percent standard proctor density. The subgrade shall be lime stabilized when the plasticity index of the subgrade exceeds 19. The rate of application of lime shall be in accordance with the owner's geotechnical report as prepared by or under the supervision of a licensed engineer in the state. Compaction shall be accomplished by the use of approved and acceptable compacting equipment, and testing shall be performed by a testing laboratory as approved by the city engineer.

(f) Barrier curb and gutter. The barrier curb and combination barrier curb and gutter shall be constructed of reinforced concrete. Barrier curbs are required in the curb radius of street intersections and for all esplanades, islands, stormwater inlets and non-residential streets. Residential streets may be constructed with either barrier or mountable curbs.

(g) Mountable curbs. Mountable curbs shall be constructed of reinforced concrete and are permitted to be constructed on residential streets unless barrier curbs are required as specified in subsection (f) of this section. The transition between barrier and mountable curbs shall be accomplished in accordance with the standards on file with the city engineer.

Section 27: 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 28: 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.

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Section 29: 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 30: This ordinance shall take effect on the date that the City Council first adopts the zoning map of the entire city implementing that portion of the the Unified Land Development Code adopted in Section 2 hereof (the “Effective Date”). 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 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\ULDC Adoption Ordinance Clean.doc

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Exhibit “A”

Article One. General

This document is entitled the “Unified Land Development Code,” which governs all development, and may be referenced as the “ULDC.”

Division 1. Jurisdiction and Authority

Sec. 1.1 Purpose and intent. This ULDC is adopted for the purpose of promoting the public health, safety and general welfare by promoting safe, orderly and economically sustainable development. The provisions herein are intended to further the goals and objectives of the city’s comprehensive plan.

Sec. 1.2 Authority within city limits. The provisions of this ULDC shall apply to all land within the city limits, unless otherwise specifically stated herein.

Sec. 1.3 Applicability of procedures. Table 1-1 shows the review procedures, applications and permits that apply in the city and its extraterritorial jurisdiction.

Table 1-1. Applicability of procedures. Extraterritorial City Limits Jurisdiction Administrative Appeal (Zoning) X X Comprehensive Plan Text Amendment X X Future Land Use or Thoroughfare Plan Amendment X X Interpretation of Text X X Special Exception X Special Use Permit X ULDC Text Amendment X X* Zoning Decision Appeal X Zoning Map Amendment (Rezoning) X Zoning Variance X

*does not apply to zoning text amendments where application would be in the ETJ

Sec. 1.4 Inconsistent provisions and conflicts. When provisions of this ULDC are inconsistent with one another or when the regulations of this ULDC conflict with other adopted ordinances or regulations of the city, the more restrictive provisions shall control, unless otherwise specifically stated. If the written text of this ULDC are inconsistent with graphic or tabular information, the written text shall control.

Sec. 1.5 Violations. (a) Compliance required. No person may use, occupy or develop land, buildings or other structures or authorize or permit the use occupancy or development of land or buildings or other structures except in accordance with all sections of this ULDC.

(b) Criminal remedies. Any person who violates any section of this ULC shall be guilty, upon conviction, of a separate offense for each day or portion of a day during which the violation continues, which shall be punishable as provided in section 1-14 of the code of ordinances.

(c) Withholding permits. The city may deny or withhold all permits, approvals or other forms of authorization on any land or structure for which there is an uncorrected violation of a section of this ULDC or of a condition of a permit, certificate, approval or other authorization previously granted by the city council, zoning commission or board of adjustment. In lieu of withholding or denying an authorization, the city may grant such authorization subject to the condition that the violation be corrected.

(d) Stopping work. With or without revoking permits, the city may stop work on any building or structure on any land on which there is an uncorrected violation of a section of this ULDC or of a permit or other form of authorization issued under this chapter, in accordance with its power to stop work under its building codes.

(e) Other remedies. The city shall have such other remedies as are and as may be from time to time provided by state law for the violation of the regulations contained in this ULDC.

(f) Remedies cumulative. The remedies and enforcement powers set out in this section shall not be considered exclusive remedies, but rather they shall be cumulative with all other remedies provided in this ULDC, in any other ordinance or by law.

(g) Transition. The sections in this ULDC, so far as they are the same as those of the code of ordinances, City of Baytown, Texas, and of ordinances existing at the time of adoption of this ULDC, shall be considered as a continuation thereof and not new enactments. Any violation of the previous land development regulations of the city shall continue to be a violation under this ULDC and shall be subject to penalties and enforcement under the code of ordinances. Enforcement action concerning violations of the code of ordinances shall cease if the use, development, construction or other activity is consistent with the express terms of this ULDC, except to the extent of collecting penalties for convictions that occurred before the effective date of this ULDC.

Division 2. Review and Decision-Making Bodies

Sec. 1.6 Purpose. The purpose of this division is to identify the bodies, their review roles and responsibilities and their decision-making roles and responsibilities.

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Sec. 1.7 Review and decision-making bodies. The decision-making bodies and officials of the city are described in chapter 2 of the code of ordinances and, without limitation upon the authority each possesses by law, have responsibility for implementing this ULDC in the manner described in this division.

Sec. 1.8 Summary of review authority. Table 1-2 summarizes the review and decision-making authority of each review body for the city concerning the provisions of this ULDC.

Sec. 1.9 Boards and commissions. (a) The planning and zoning commission has the powers and duties set forth in sections 2-316 to 2-355 of the code of ordinances.

(b) The board of adjustment has the powers and duties set forth at sections 2-541 to 2-547 of the code of ordinances.

Sec. 1.10 Development review committee. The city manager shall establish a development review committee and may appoint departments whose representatives serve on the committee. The committee shall have the powers and duties set forth in this ULDC.

Division 3. Administration and Procedures

Sec. 1.11 Purpose. The purpose of this division is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for applications and actions that affect the development and use of property subject to the jurisdiction of this ULDC.

Sec. 1.12 Simultaneous submission of related applications. Submission of a variety of applications related to the same development usually proceeds in the following sequence:

1. Comprehensive plan amendments, 2. Zoning map amendments, 3. Special use permit, 4. Preliminary plat, 5. Engineering report for public improvements, 6. Final plat, 7. Special exceptions, 8. Variances, 9. Site plan review, 10. Building permits, 11. Floodplain permits, 12. Storm water permits, 13. Watershed protection permits, and 14. Inspections. 3

Sec. 1.13 Pre-application conference. A pre-application conference may be held between a potential applicant under this ULDC and the DRC. Pre-application conferences for several land development review processes may be combined when an applicant will be making several applications for the same project and when the processing schedule allows for simultaneous submittals. Completion of a pre-application conference does not imply or assume subsequent approval of anything discussed. A pre-application conference does not constitute a development permit application and it should not be construed as a permit or the first permit in any series of permits. A pre-application conference does not provide any vesting to the applicant. Prior to owner making application, a pre-application conference is required for the following, unless the application is made by a city official in his official capacity:

(1) Future land use plan amendment or major thoroughfare plan amendment;

(2) Zoning map amendment (rezoning) or text amendment; or

(3) Land development application for parcels of land totaling 25 acres of more.

Table 1-2. Summary of review authority.

Procedure Planning Planning Director Board of Adjustment and Planning Zoning Commission City Council Administrative Appeal (Zoning) DM Comprehensive Plan Text Amendment R R DM Future Land Use or Thoroughfare Plan Amendment R R DM Interpretation of Text DM Special Exception DM Special Use Permit R R DM ULDC Text Amendment R R DM Zoning Map Amendment (Rezoning) R R DM Zoning Variance R/DM* DM R = Reviewer and Recommender DM = Decision Maker *Reference regulations of this ULDC that define when the director is the decision maker.

Sec. 1.14 Forms. These requirements apply to all applications identified in this ULDC. Applications required by this ULDC shall be submitted in a form and with attachments in such numbers as required by the director. The forms and application directions shall be contained in the development manual of the city. The director may waive any submittal requirements deemed irrelevant in a given application. Application submittal

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requirements, check lists, and instructions shall be shown in the development manual of this ULDC.

Sec. 1.15 Fees. The city shall charge an application fee to cover the cost of processing, reviewing, noticing, recording, inspecting and other actions for land development applications. Application fees shall be established by ordinance from time to time by the city council. The city may also, from time to time, utilize consultants to perform such activities and may assess the cost of such work to the applicants. Such costs for consultants shall be paid prior to any permit issuance. Fees are set forth in chapter 2 of the code of ordinances. Application fees are not refundable.

Sec. 1.16 Application deadline. All applications shall be completed and submitted to the director in accordance with the schedule published on the city’s website and in the development manual. This schedule may be updated from time to time during the year with the amendments being published on the web and in the development manual. An application shall not be considered as officially submitted, accepted or filed until it has been determined to be complete in accordance with section 1.17.

Sec. 1.17 Application completeness. A determination of application completeness shall be made by the director no more than ten business days after submittal of the application. If the application is determined to be incomplete, the director shall notify the applicant in writing within five days of completing the completeness review. The city shall exercise the authority granted under V.T.C.A., Local Government Code ch. 245 to perform such reviews within the ten-day window and to allow the applicant 45 days in which to respond. If the response time exceeds the 45-day period, then the application expires, and to proceed, the applicant shall begin the process again with a new application. The completeness review set forth herein applies to all applications identified in table 1-1 of this ULDC. Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. The development manual shall contain a checklist for all application types. Completeness reviews shall rely on the ULDC provisions as well as the checklists and V.T.C.A Local Government Code, ch. 245.

If the director determines that any development application is not consistent with the city’s zoning map, the application shall be determined to be denied, and shall not be accepted by the city. Further processing may occur only when the application is accompanied by an additional application (e.g., an amendment to the comprehensive plan, ULDC text amendment or other amendment) that, if adopted, would make the application consistent with the plan.

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Sec. 1.18 Qualified applicants. (a) Applications made by a property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s).

(b) Application on behalf of the city may be made by the mayor, the city council, a member of the city council or the city manager.

Sec. 1.19 Action following decision. Written notice of final decisions to approve or approve with conditions, or disapprove or deny shall be provided to the applicant within five working days of each decision.

Sec. 1.20 Reapplication limits. If any development permit or text amendment is disapproved by the city council, another application or petition for the same permit, approval, or amendment for the same property or any portion thereof may be filed after a period of 90 days has elapsed from the date of disapproval or denial. For zoning map amendments, 12 months from the date of final disapproval, except with permission of the planning and zoning commission or city council, must elapse before reapplication. In order to be considered for such a waiver, the applicant shall demonstrate that at the time the applicant requests a waiver:

(a) There is a substantial change in circumstances relevant to facts considered during review of the application that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed in the application;

(b) New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed; or

(c) A new application is proposed to be submitted that is materially different (e.g., proposes new use categories, or a substantial decrease in proposed densities and intensities) from the prior application.

Sec. 1.21 Public hearing and notice requirements. Unless otherwise specified in the procedures of this article, public hearings and notices shall be governed by the provisions of this article. Required notice shall be provided for applications shown in table 1-3. Public notice of hearings held pursuant to this ULDC shall be given as follows:

(a) Publication for zoning cases. Whenever this ULDC requires a public hearing for a special use permit, ULDC text amendment related to zoning, zoning variance or special exception or zoning map amendment before the planning and zoning commission or the board of adjustment, notice of a public hearing on the application shall be published in a newspaper of general circulation in the city at least 11 days before the public hearing. Whenever this ULDC requires a public

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hearing before the city council, notice of a public hearing on the zoning application shall be published in a newspaper of general circulation in the city at least 16 days before the public hearing.

(b) Mailing. Notice of required public hearings for items listed in subsection (a) of this section shall also be sent by mail to owners of land within 300 feet of the lot lines of the land that is the subject of the application. Such notice shall be postmarked at least 11 days before the public hearing held by the zoning commission or board of adjustment. If a hearing before the city council is required on a zoning application, such notice shall be mailed and postmarked at least 16 days before the city council public hearing. Owners of land shall be identified by reference to the most recent tax records, except that when land is owned by a condominium association, notice shall be given to the condominium association. Notice shall be deemed mailed by virtue of its deposit with the United States Postal Service, properly addressed with postage prepaid. This subsection does not apply to text amendments to this ULDC.

(c) Posting of signs. Notice of required public hearings shall also be provided by way of a sign posted on the land that is the subject of the application. One sign shall be posted for each 200 feet of frontage along a public street, with a maximum of four signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street with an attached notation indicating the location of the land subject to the application.

(d) Website. Notice of the public hearings will be published and remain on the city’s website through the day of the public hearing in accordance with the same publication deadlines as expressed in subsections (a) and (b) of this section. The validity of a posted notice of a public hearing required by this subsection is not affected by a failure to comply with a requirement of this subsection that is due to a technical problem beyond the reasonable control of the city.

Sec. 1.22 Contents of notice. (a) Publication and mailed notice. Notices that are published and mailed pursuant to subsections 1.21 (a), (c), and (e) shall provide at least the following information:

(1) The general location of the land that is the subject of the application;

(2) Its legal description or street address;

(3) The substance of the application;

(4) The time, date and location of the public hearing;

(5) The time, date and place where the application may be inspected by the public; and

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(6) A statement that interested parties may appear at the public hearing and be heard with respect to the application.

(b) Signs. Signs required pursuant to subsection 1.21 (d) shall at least indicate the following:

(1) The substance of the application;

(2) The time, date and location of the public hearing; and

(3) The contact point for additional information.

Table 1-3. Summary of notice requirements. Procedure Published Mailed Website Signs Administrative Appeal (Zoning) X X X Special Exception X X X X Special Use Permit X X X X ULDC Zoning Text Amendment X X X Zoning Map Amendment (Rezoning) X X X X Zoning Variance X X X X X = Notice Required

Sec. 1.23 Required public hearing. Table 1-4 identifies the types of applications requiring a public hearing and the review body responsible for conducting the hearing.

Table 1-4. Required public hearings. Planning & Board of Zoning City Application Adjustment Commission Council Administrative Appeal (Zoning) X Comprehensive Plan Amendment X X Future Land Use or Thoroughfare X X Plan Amendment Special Exception X Special Use Permit X X ULDC Text Amendment X X Zoning Map Amendment (Rezoning) X X Zoning Variance X

X = Public Hearing Required

Sec. 1.24 Conduct of public hearings. Public hearings shall be conducted in accordance with state law, the provisions of this ULDC, and any applicable rules of procedure adopted by the reviewing body. Where deemed appropriate by the affected decision-making body, modifications of an application request may be referred by the decision-making body back to the

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recommending body for review, prior to further consideration. In such cases, the decision-making body shall close the hearing and republish notice of any future hearing in accordance with section 1.21 of this ULDC. The review body shall hold a public hearing as required by the appropriate procedure.

Sec. 1.25 Vote required for action. After the close of the public hearing held pursuant to section 1.24 of this ULDC, the city council shall vote to approve, approve with modifications or disapprove the proposed amendment based upon the criteria in this ULDC. Action to amend the text of this chapter or the official map shall require an affirmative vote of at least six members (three-fourths) of the city council.

Sec. 1.26 Rezoning, special use permits, and zoning text amendments. (a) Applicability. This process is used for review and consideration of rezoning, special use permits, and zoning text amendments.

(b) Review Process. (1) Application and completeness determination. Application must be made consistent with this ULDC. The director is responsible for checking that a complete application has been submitted pursuant to the provisions of this ULDC with all material necessary for the decision-making authority to render an informed decision.

(2) Planning and zoning commission review. Following notice as proscribed in this ULDC, the planning and zoning commission shall hold a public hearing in accordance with its rules and the V.T.C.A., Local Government Code, ch. 211 and make a recommendation to the city council.

(3) City council final action. The city council shall hold a public hearing, in accordance with its rules and the V.T.C.A., Local Government Code, ch. 211 and may take final action on the proposed rezoning or special use permit.

(4) Effect. The special use permit, rezoning, text amendment shall become effective 10 days following the passage by city council.

(c) Approval criteria for rezoning applications. All of the following criteria shall be applied by the director, the planning and zoning commission and the city council in the review of requests for rezoning (map changes) and changes to the zoning text of this ULDC:

(1) The rezoning or text amendment is consistent with and furthers the policies and goals of the future land use plan, major thoroughfare plan, vision statement, and this ULDC;

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(2) The rezoning or text amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate district for the land use proposed;

(3) The rezoning or text amendment promotes the health, safety, or general welfare of the city and includes the safe, orderly, and healthful development of the city;

(4) The rezoning or text amendment facilitates the adequate provision of mobility, water, waste water, storm water and other public services;

(5) There are changed conditions;

(6) The rezoning or text amendment would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, storm water quality, wildlife, vegetation, and wetlands; and

(7) The application addresses a demonstrated community need.

(d) Approval criteria for special use permits. The planning and zoning commission may recommend and the city council may issue a special use permit only if all of the following specific objectives and conditions are met:

(1) That the specific use will be compatible with and not injurious to the use and enjoyment of adjacent property or property immediately across the street, and not significantly diminish or impair property values within the immediate vicinity in any material way;

(2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding property;

(3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy;

(4) That adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, light, noise and vibration prior to the issuance of a certificate of occupancy;

(5) That there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property;

(6) That the proposed use is consistent with the comprehensive plan and is generally consistent with this ULDC; and

(7) That the site plan meets the criteria set forth in subsection (e) of this section.

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(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.

(1) It shall be unlawful for any person to occupy, construct, alter, extend or expand any use within a zoning district which permits that use only as a special use unless a special use permit has first been issued by the city council for the specific occupation, construction, alteration, extension or expansion of the proposed use in accordance with the provisions of this division. If approved, the permit shall be issued specifically to the person named in the application for the permit and shall not be transferred without providing prior written notification to the director.

(2) All uses that receive a special use permit as required under this division shall meet all applicable regulatory requirements of the state and federal government and shall meet all applicable requirements of this and other pertinent ordinances of the city. Applicants for special use permits shall provide documentation that identifies all applicable federal and state licensing requirements for the proposed facilities at the time of application. Copies of the documentation from the state or federal agencies indicating compliance (i.e. licenses or certificates) shall be provided to the city no later than sixty (60) days of issuance.

(3) Prior to leasing or purchasing facilities, potential heavy industrial use developers are strongly encouraged to meet with the director to determine if the location will require a special use permit or other approvals and to review the merits of potential locations.

(4) The following uses identified in table 2-2 “Use Conditions” require the issuance of a special use permit:

a. Industrial uses, including: i. Excavation, ii. Gravel pit, iii. Junk and salvage yard, iv. Waste storage and disposal centers, v. Oil or gas wells, vi. Packaging, vii. Resource extraction, viii. Slaughterhouse, and ix. Sandblasting;

b. Telecommunication facilities;

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c. Group housing uses, including: i. Boardinghouse, ii. Dormitory, iii. Halfway house, iv. Homeless shelter, v. Orphanage, and vi. Personal care home; and

d. Funeral homes with crematoriums.

(5) Other activities that require a special use permit. A special use permit shall be required for any industrial and manufacturing processes that are not identified in this ULDC. A special use permit shall be required for the expansion of any non-conforming use.

(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:

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.

(7) Technical expert. When a special use permit is required to comply with the provisions of this ULDC and when the technical information provided by the applicant is beyond the technical capacity of the city staff to review

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the application, in addition to the usual application fee, the applicant shall reimburse the city for the actual cost to the city for the services of a technical expert to review the application and/or information supplement. The director shall notify the applicant in writing at least 5 working days prior to hiring a technical expert so that the applicant has the opportunity to withdraw his application or provide feedback on the hiring of the technical expert.

(f) Expiration of Special Use Permit. A lapse of a period greater than 24 months from the date of city council approval causes the special use permit and all related approvals or permits to expire and be of no further force and effect unless one of the following conditions are met:

(1) The holder of the special use permit is issued a certificate of occupancy for the use specified in the special use permit;

(2) If no certificate of occupancy is required, the holder of the special use permit is issued a certificate of completion for the use specified in the special use permit; or

(3) In projects where the use will be established on the property in phases, the applicant may submit a series of permit applications to prevent the special use permit from expiring. The phasing plan must be annotated on the application for the special use permit. The first certificate of occupancy or completion must be issued within 24 months of special use permit approval. No more than 24 months shall pass between subsequent issuances of certificates of occupancy or completion until the project specified in the special use permit is complete.

If expired, a new special use permit application must be submitted and approved before engaging in the use.

(g) Revocation of Special Use Permit. The director may revoke a special use permit if it is determined that any of the following are true:

(1) The applicants have misrepresented any material fact on their application, or supporting materials;

(2) The special use fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit;

(3) The operation of the special use violates any statute, law, ordinance or regulation; or

(4) The operation of the special use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public.

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(h) Appeal of Special Use Permit Revocation. Owner of the special use permit may appeal such revocation to the city council. Owner must file a written appeal with the city clerk within ten days of the decision of the director. Owner must show that the director made decisions based on incorrect or incomplete data.

(i) Discontinuation of Use. A special use permit shall expire 12 months following the discontinuation of the use for which the special use permit was approved.

Sec. 1.27 Nonconformities.

(a) Scope; continuation; repair and maintenance.

(1) Authority to continue.

a. Continuation of nonconforming use. A nonconforming use that lawfully occupied a structure or a vacant site on {Effective Date}, may be continued so long as it remains otherwise lawful, subject to the standards and limitations of this ULDC.

b. Continuation of noncomplying structure. A noncomplying structure that lawfully occupied a land site on {Effective Date}, that does not conform to the standards for front setbacks, side setbacks, rear setbacks, height, screening, floor area of structures, driveways or open space for the district in which the structure is located may be used and maintained, subject to the standards and limitations in this ULDC.

(b) Nonconforming Uses.

(1) Process for determining abandonment. Under this section, a noncomplying structure may be considered abandoned subject to the following:

a. Determination. A noncomplying structure that is discontinued or remains vacant for a continuous period of one year shall be presumed to be abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the structure must conform to the structure regulations for the district in which it is located.

b. Overcoming presumption of abandonment. The presumption of abandonment may be rebutted upon proof to the satisfaction of the director or to the board of adjustment that during such period the owner of the land or structure (i) is maintaining the property in accordance with the building code, (ii) is in compliance with

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article XV of chapter 18 of the code of ordinances pertaining to vacant buildings, and (iii) is either:

i. Actively and continuously marketed for sale or lease; or

ii. Engaged in other activities that would affirmatively prove there was not intent to abandon, such as obtaining a building permit and obtaining inspections meeting the requirements of the city’s building code.

c. Calculation of period of abandonment. Any period of such discontinuance directly caused by government action, fire or natural calamity without any contributing fault by the owner of the property shall not be considered in the calculation of length of abandonment for this section.

(2) Movement, alteration and enlargement. No nonconforming use may be moved, enlarged or altered and no nonconforming use of land may occupy additional land, except as follows:

a. Enlargement. A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or land site that it did not occupy on {Effective Date}. However, a nonconforming use may be extended within the same structure, provided no structural alteration of the structure is proposed or made for the purpose of the extension.

b. Exterior or interior remodeling or improvements to structure. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the nonconforming use.

c. Relocation of structure. A structure containing a nonconforming use may not be moved unless the use shall conform to the regulations of the district into which the structure is moved.

d. Change of nonconforming nonresidential use to another nonconforming use. Upon application to the director pursuant to this article, a nonconforming use may be changed to another nonconforming use of the same or similar type or intensity or to another nonconforming use of the same or similar type, but of less intensity. Whenever any nonconforming nonresidential use is changed to a less intensive nonconforming nonresidential use, such use shall not be changed back to a more intensive nonconforming nonresidential use. Whenever any nonconforming nonresidential use is changed to a conforming use, such use shall not later be changed to a nonconforming use.

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e. Destruction of structure with nonconforming use. If a structure that contains a nonconforming use is destroyed to the extent of 50 percent or more by fire or natural calamity or is voluntarily razed or is required by law to be razed, the nonconforming use shall not be resumed except as provided in subsection (2)(f) of this section. The determination of the extent of damage or destruction under this subsection shall be determined in accordance with subsection (c)(7) of this section.

f. Special use permit. If a structure that contains a nonconforming use is destroyed to the extent of 50 percent or more by fire or natural calamity, the owner must file an application for a special use permit in accordance with section 1.27 if the owner desires to resume the nonconforming use. The application shall be processed in accordance with article I of this ULDC, except all of the following conditions must be met in lieu of those conditions found in section 1.27:

i. Not contrary to the public interest;

ii. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship; and

iii. The spirit of this ULDC is observed and substantial justice is done.

(c) Noncomplying structures.

(1) Generally. Under this ULDC, no noncomplying structure may be moved, enlarged or altered, except in the manner provided in this section or section (b) above or unless required by law.

(2) Applicability. Nothing contained in this section shall be construed to prohibit improvements, maintenance or repair for any part of structures that are inside the existing footprint of a noncomplying structure that do not increase the height of the existing noncomplying structure. Some examples are the following: a water heater may be repaired or replaced within the existing footprint; components, cladding and roofs may be repaired as long as square footage (usable or not usable) is not added to make another story on the building or to exceed the existing footprint of the structure.

(3) Repair, maintenance, and alteration. Any noncomplying structure may be repaired, maintained, or altered; provided, however, that no such repair, maintenance, or alteration shall either create any new noncompliance or increase the degree of the existing noncompliance of all or any part of

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such structure except in the manner provided in this section or in the variance and special exception regulations of this ULDC.

(4) Enlargement. A noncomplying structure may not be enlarged, expanded or extended to occupy all or a part of the land site that it did not occupy on {Effective Date} unless a noncomplying structure expansion variance is granted by the director or board of adjustment in accordance with subsection (d) of this section.

(5) Moving. A noncomplying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved except in the manner provided in this section or in the variance and special exception regulations of this ULDC.

(6) Damage or partial destruction. If a noncomplying structure is damaged or destroyed by fire or natural calamity to the extent of 50 percent or less, the structure may be restored if restoration is started within six months and diligently pursued to completion. The city may require a cash deposit, bond or other guarantee of performance to ensure diligent progress and completion of the restoration. Any delay in starting such restoration that is caused by government action or natural calamities and without contributing fault by the owner shall be deducted in calculating the starting date of restoration.

(7) Destroyed structures. Reconstruction of a noncomplying structure that has been 50 percent or more destroyed may be granted by the board of adjustment only upon its finding that granting the variance satisfies the following conditions:

a. Not contrary to the public interest;

b. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship; and

c. The spirit of this ULDC is observed and substantial justice is done.

It shall be the applicant’s responsibility to demonstrate the basis for the variance request to the board of adjustment. The board of adjustment may impose such conditions as are necessary to protect adjacent property owners, to safeguard the character of the neighborhood in which the noncomplying structure is located, and to ensure the protection of the public health, safety and welfare, including, but not limited to, conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the zoning regulations of this ULDC. In considering such

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reconstruction, the board of adjustment shall address the public welfare, character of the area surrounding such structure, the conservation, preservation and protection of property, including the applicant’s property, as well as all plans adopted by the city council that affect or cover the area in which the land is located.

(8) Calculation for percentage destroyed. The board of adjustment shall utilize the following to make its determination concerning 50 percent or more destroyed:

a. The value of the noncomplying structure prior to destruction shall be established using the most current (pre-destruction) appraisal district tax roll; and

b. The owner may propose to substitute a current appraisal of the nonconforming building (before it was destroyed) prepared by an appraiser licensed in the state to prepare such appraisal.

(d) Variances for the expansion of non-compliant structures.

(1) Purpose. The purpose of this section is to set minimum requirements, standards and conditions for approving proposed variances to allow the expansion of noncomplying structures. These regulations are intended to ensure the same general level of compatibility as is set forth in the comprehensive plan, neighborhood plans, and redevelopment and economic development plans adopted by city council. These regulations intend that variances granted to nonconforming structures do not adversely affect the adjacent land uses, especially adjacent residential uses, or the physical character of uses or structures in the immediate vicinity of the neighborhood in which the variance is sought. Finally, the purpose of variances is to - over time - bring nonconforming structures into compliance with the current zoning regulations in order to improve neighborhoods, businesses and tax base.

(2) Types of expansion variances.

a. Variance by director. The director may grant a variance for a nonconforming structure affecting up to 10 percent, not to exceed 5,000 square feet of the footprint of the nonconforming structure if the applicant elects to comply with the standards set forth in subsections (3) and (4) of this section.

b. Variance by the board of adjustment. The board of adjustment may grant a variance affecting the expansion of a nonconforming structure, if the applicant elects to comply with the standards set forth in subsections (3) and (4) of this section. The board of adjustment may grant a variance or variances that cumulatively

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with any variance or variances granted by the director allow up to a 40 percent expansion, but not to exceed 25,000 square feet of the nonconforming structure as it was shown on the original application. Expansion variances may not be granted for 100 percent of the nonconforming structure.

(3) Expansion variance criteria. The director or the board of adjustment may grant an expansion variance when the applicant demonstrates that their variance request will meet all the criteria below:

a. Ensures the same general level of land use compatibility as the otherwise applicable standards;

b. Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land use considerations;

c. Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought;

d. Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council;

e. Does not decrease any building setback or further encroach into a building setback that is the basis of the structure’s noncomplying status;

f. Is generally consistent with the purposes and intent of this ULDC; and

g. Will bring the existing and proposed structure closer into compliance with the zoning regulations of this ULDC, or will otherwise improve or enhance public health, safety or welfare.

(4) Variance credits. In addition to the variance criteria listed in subsection (d)(3) of this section, the applicant may be granted an expansion variance only when the applicant has supplied credits in the amounts shown in table 1-4 that illustrates the number of approved credits required for the applicant’s proposed project based on the percentage expansion of the project.

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Table 1-4. Variance credits.

Percent of Variance Number of Approved To be Granted Credits Required 10% or less 2 Over 10% to 20% 3 Over 20% to 30% 4 Over 30% to 40% 5 a. The variance credits proposed to be met herein for the board of adjustment or director shall not be the same standards already approved to support a variance granted on the same property. b. Such credits may be approved by the board of adjustment or director as part of the application for variance and staff may deny any subsequent building permit if applicant fails to comply with the variance conditions set by the board of adjustment. c. The applicant for a variance shall then choose any of the following credits that match the number of required credits for the project, subject to the approval of the director or the board of adjustment as applicable to the case:

i. Installation of a streetscape along the street at which the project is addressed following the standards that are set forth in section 18-1206 of the code of ordinances;

ii. Installation of parking lot landscaping to the percent of required landscaping that equals or exceeds the extent of the expansion requested in the variance based upon section 18- 1205 of the code of ordinances;

iii. Installation of a public sidewalk along the frontage(s) of the property where no sidewalk exists;

iv. Installation of an improved buffer between the property and adjacent properties zoned or used for residential purposes, which may include the addition of hedges or decorative posts, or the substitution of higher quality materials for the buffer fence or other similar improvements;

v. Painting or otherwise modifying the exterior of the structure with appropriate building materials to match the color range and/or materials of adjacent properties and/or those immediately across the street. Modifications may include, but are not limited to, the addition of siding, awnings, window trim, and new facia. When the property in question is located in

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a neighborhood that has a plan adopted by the city council and that addresses architectural standards, then material/exterior must comply with the adopted plan before credit may be given under this section;

vi. Construction of a new roof on the structure such that the appearance and safety of the structure are improved;

vii. Specifying the period during which the nonconforming use or structure may continue to operate or exist before being brought into conformance with the standards of the zoning regulations;

viii. Maintenance of specific operating hours for a nonconforming use; or

ix. Alternative proposals that meet all the intent and purpose of this ULDC.

(5) Approval. The director or board of adjustment may approve, approve with conditions or disapprove the application for an expansion variance permit, pursuant to the criteria of this section. Any approval or conditional approval of a variance shall include the number and type of credits approved by the director or the board of adjustment for the variance consistent with this section.

Sec. 1.28 Regulations pertaining to variances and special exceptions.

(a) Review and recommendation by director. After determining that the application for a variance or special exception permit is complete, the director shall review the application and prepare a staff report, which may include a recommendation of approval, approval with conditions or disapproval based upon the criteria in sections 1.29 and 1.30. A copy of the report shall be mailed to the applicant at least five days prior to the public hearing on the application.

(b) Conditions. The director may recommend and the board of adjustment may impose such conditions on a variance or special exception permit as are necessary to accomplish the purposes of this ULDC, to prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include, but are not limited to, limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of deposit; other on-site improvements; and limitations on the duration of the permit or hours of operation.

(c) Submittal requirements. Any application for a variance or special exception shall be accompanied by a site plan, drawn to scale that accurately depicts the existing conditions and the proposed conditions, including lot lines, locations of all structures, driveways, fences, berms, buffer landscaping, signs and paved areas

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and other items or features that may be appropriate to the consideration of the variance or special exception being sought as requested by the director. An as- built survey may serve as the basis for the existing conditions shown on the site plan.

(d) Action by board of adjustment. After due notice, the board of adjustment shall hold a public hearing on an application for a variance permit. At the public hearing, the board of adjustment shall consider the application, the staff report, the relevant support materials and the public testimony given at the public hearing. After the close of the public hearing, the board of adjustment shall vote to approve, approve with conditions or disapprove the application for a variance permit, pursuant to the criteria of section 1.29. Any approval or conditional approval of a variance shall include the number and type of credits approved by the board of adjustment for the variance consistent with section 1.29. This subsection does not apply to variances granted by the director per section 1.29, subsection (e).

(e) Effect.

(1) Generally. Issuance of a variance or special exception permit shall authorize only the particular variation which is approved. A variance or special exception permit shall run with the land.

(2) Time limit. Unless otherwise specified in the variance or special exception permit, an application to commence construction of the improvements that are the subject of the variance or special exception must be applied for and approved within 12 months of the date of approval; otherwise the variance or special exception permit shall automatically become null and void. Permitted timeframes do not change with successive owners. Upon written request, only one extension of the 12-month timeframe may be granted by the board of adjustment for a period not to exceed 12 months for good cause shown.

(3) Null and void. Once the variance becomes null and void, owner shall remove any nonconforming structures or pieces of structures that were addressed by the variance granted. Any structures or improvements not associated with the variance granted are not required to be removed.

Sec. 1.29 Variance process.

(a) Purpose and intent. The purpose of a variance process is to consider and approve deviations from the property development standards for the applicable district where development is proposed that would not be contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship and if granted the spirit of this chapter is observed and substantial justice done. A variance is not applicable to a use or an operational performance standard.

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(b) Types of variances:

(1) Variance by board of adjustment. The board of adjustment and the director may grant a variance from the dimensional standards of zoning for a property if the variance satisfies criteria identified in subsection (c) of this section.

(2) Variance by director. The director may consider and grant a variance of up to 10% of the dimensional requirement.

(c) Variance Criteria. The director or the board of adjustment may grant a variance when the applicant demonstrates that their variance request will meet all the criteria below:

(1) Ensures the same general level of land use compatibility as the otherwise applicable standards;

(2) Is not a hardship of the applicant’s own making;

(3) Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land use considerations;

(4) Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought. (Did the applicant demonstrate that the structure has historically provided a facility in the neighborhood or otherwise improves the overall neighborhood);

(5) Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council;

(6) Is generally consistent with the purposes and intent of this ULDC;

(7) Is needed as special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same district and are not merely financial;

(8) Is necessary as literal interpretation and enforcement of the terms and provisions of the dimensional standards would deprive the applicant of rights commonly enjoyed by landowners in the same district and would cause an unnecessary and undue hardship;

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(9) Is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this ULDC and would result in substantial justice; and

(10) Will bring the existing and proposed structure closer into compliance with the zoning regulations of this ULDC, or will otherwise improve or enhance public health, safety or welfare.

(d) Variance application standards. A complete application for a variance shall be submitted by a qualified applicant to the director on a form prescribed by the director, along with a nonrefundable fee to defray the actual cost of processing the application. No application shall be processed until the established fee has been paid and the application has been determined complete by the director.

(e) Action by director. The director may approve, approve with conditions or disapprove the application for a variance permit, pursuant to the criteria of this section.

Sec. 1.30 Special exception process.

(a) Scope. Special exceptions are deviations from otherwise applicable operational performance standards and compatibility standards where development is proposed that would be:

(1) Compatible with surrounding land uses;

(2) In keeping with the public interest; and

(3) Consistent with the purposes of this ULDC.

(b) Permit criteria. To approve an application for a special exception permit, the director or board of adjustment shall make an affirmative finding that granting the special exception will:

(1) Ensure the same general level of land use compatibility as the otherwise applicable standards;

(2) Not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations;

(3) Not adversely affect property values in any material way; and

(4) Be generally consistent with the purposes and intent of this ULDC.

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Sec. 1.31 Development manual.

(a) A development manual that includes the following standards shall be prepared by the director and used in this development review process:

(1) Review schedules;

(2) Application forms for all development applications governed by this ULDC; and

(3) Checklists for all applications governed by this ULDC.

(b) The development manual shall be consistent with this ULDC and shall be implemented in a manner that is consistent with this ULDC.

Article Two. Use Districts

Division 1. General

Sec. 2.01 District map. The boundaries of the districts established by this chapter shall be shown on a map or series of maps entitled "Official District Map," an up-to-date copy of which shall be maintained in the office of the director of planning and community development. Original copies of the official map and all amendments thereto shall be maintained in the city clerk's office. In any dispute regarding the classification of property subject to this chapter, the original map maintained by the city clerk shall control.

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-way 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 following 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. 25

(e) 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.

(f) 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 of planning and community development.

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 SF1 district unless the owner or majority of owners of the subject property requests another classification, in which case such property shall be assigned a district classification in accordance with the amendment procedures of this ULDC.

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:

(a) Mixed Use (“MU”). This district is intended to accommodate uses that are zoned MU as of {Effective Date}. No additional lands shall be zoned MU.

(b) Neighborhood Serving Commercial (“NSC”). This district is intended to accommodate commercial uses adjacent to a residential neighborhood and not accommodate regional commercial uses. The Neighborhood Serving Commercial District is designed or intended to improve traffic flow, and provides the option of pedestrian activity from dwelling units to the neighborhood commercial uses.

(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.

(d) General Commercial (“GC”). This district is intended to provide for a variety of uses including offices, retail, residential and related uses that are mixed within buildings either vertically and/or horizontally and which are planned as a unit. The GC district may be used as a transitional district between more intensive nonresidential districts (e.g., industrial) and higher density residential districts or as the primary district for such corridors as Garth or Main.

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(e) Arts, Cultural and Entertainment (“ACE”). This district is intended to foster the development of highly compatible and mutually supportive land uses in the downtown area.

(f) Light Industrial (“LI”). This district is intended to provide for low-intensity manufacturing and on-site industrial activities that may generate some nuisances. Industrial uses are not appropriate adjacent to any residential uses. Unless separated by a principal arterial, the LI district is not appropriate adjacent to any residential district.

(g) Heavy Industrial (“HI”). This district is intended to provide for manufacturing and industrial activities that may generate nuisances. Industrial uses are not appropriate adjacent to any residential uses. Unless separated by a principal arterial, the HI district is not appropriate adjacent to any residential district.

Sec. 2.05 Residential zoning districts.

(a) Neighborhood Conservation (“NC”). This district is a residential district with a density conforming to the zoning code adopted in 1995. This district allows only residential uses and no additional lands shall be zoned NC.

(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. No additional lands shall be zoned UN.

(c) Single-Family Estate (“SFE”). This district provides for residential dwellings at a very low density. This district accommodates only single-family detached dwellings at a density range of less than 1 per acre.

(d) Low Density Single-Family Residential Dwellings (“SF1”). This district provides for single-family residential dwellings at a density range of 1 to less than 4 dwelling units per acre.

(e) Mixed Residential at Low to Medium Densities (“SF2”). This district provides for single-family residential uses and two-family dwellings at a density range of 4 to less than 9 dwelling units per acre.

(f) Medium Density Mixed Residential (“MF1”). This district provides for single- family, two-family dwellings, single-family attached dwellings and multifamily dwellings at a density range of 9 to less than 15 dwelling units per acre.

(g) Mid-Rise Density Mixed Residential Dwellings (“MF2”). This district provides for single-family dwellings, two-family dwellings, single-family attached dwellings and multifamily dwellings at a density range of 15 to less than 23 dwelling units per acre.

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(h) High Density Residential Dwelling Units (“MF3”). This district provides for single-family dwellings, two-family dwellings, single-family attached dwellings and multifamily dwellings at a density range of 23 to 30 dwelling units per acre provided that the floor area ratio does not exceed one. For vertical mixed use, see Livable Centers District in this article.

Sec. 2.06 Special purpose zoning districts.

(a) Planned Unit Development District (“PUD”). This district is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties that are a minimum of ten acres in size and shall be developed in accordance with a common development scheme. PUD zoning is designed to accommodate land uses that cannot be accommodated using the districts in this ULDC. A PUD may be used to permit new or innovative concepts in land use and standards not permitted by zoning in this ULDC.

(b) Gateway /Corridor District (“GD”). The district is intended to enhance the entry ways to the city. Various corridors may be designated by the city council for the purpose of applying alternative landscaping and design standards, or a land use theme. For example, the Alexander Drive area from SH99 up to SH146 could be one corridor plan or it could be done in several smaller segments addressing land use, conditions, property development standards and design standards.

Sec. 2.07 Density and use. A mix of residential uses shall be allowed in SF1, SF2, and MF1 zoning districts according to density as shown in table 2-1. Density shall be calculated as net density and exclude all rights-of-way.

Sec. 2.08 Planned unit developments.

(a) Purpose. The planned development district is a district designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of other zoning districts. It is the intent in such a district to insure compliance with good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications.

(b) Application. An application for a planned development district shall be processed in accordance with this ULDC. A pre-application conference is required between the applicant and the planning director prior to the actual filing of the application.

(c) Base district. A base zoning district shall be specified. The regulations in the base zoning district shall control unless specifically stated otherwise in the PUD. The base district specified in the plans is the minimum criteria to be met where the developer and council choose not to specify standards as an alternative to the base.

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(d) Detail plan requirements. The application for a planned development district shall include a detail plan and shall include the following:

(1) Purpose. The plan contains the details of development for the property. For smaller tracts or where final development plans are otherwise known, the detail plan may be used to establish the district and be the only required step in the planned development process;

(2) Relation to the comprehensive plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it is or is not consistent with that plan and the proposed base zoning district;

(3) Acreage. The total acreage in the plan as shown by a survey, certified by a registered professional land surveyor;

(4) Land uses. Permitted uses, specified in detail, and the acreage for each use;

(5) Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities;

(6) Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. Identify the relationship of each proposed street to the city’s major thoroughfare plan;

(7) Development standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:

a. Minimum lot area; b. Minimum lot width and depth; c. Minimum front, side, and rear building setback areas; d. Maximum height of buildings; e. Maximum lot coverage; f. Maximum floor-to-area ratios for nonresidential uses; g. Minimum parking standards for each general land use; and h. Other standards as deemed appropriate.

(8) Existing conditions. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed district:

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a. Existing streets; b. Existing 100-year floodplain, floodway and major drainage ways; c. Zoning districts within and adjacent to the proposed district; d. Land use; and e. Utilities, including water, wastewater and electric lines.

(9) Buildings. The locations, maximum height, maximum floor area and minimum setbacks for all nonresidential buildings;

(10) Residential development. The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density);

(11) Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements;

(12) Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district;

(13) Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use;

(14) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use;

(15) Landscape plan; and

(16) Phasing Schedule. A PUD district larger than 100 acres shall provide a phasing schedule depicting the construction phases.

(e) Planning and zoning commission recommendation of detail plan. The planning and zoning commission shall review and make recommendations on a detail plan or the amendment of a detail plan to the city council. The planning and zoning commission shall make a recommendation to approve the detail plan if it finds that:

(1) Compliance. The plan complies with the concept plan approved for that property and the standards and conditions of the PUD district;

(2) Compatibility. The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhood or properties outside the plan; and

(3) Circulation of vehicular traffic. The plan provides for the adequate and safe circulation of vehicular traffic.

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(f) Approval of district. The city council may, after receiving a recommendation from the planning and zoning commission, approve by ordinance the creation of a district based upon a detail plan. The approved plan shall be made part of the ordinance establishing the district. Upon approval said change shall be indicated on the zoning maps of the city. The development standards and requirements, including, but not limited to, maximum height, lot width, lot depth, floor area, lot area, setbacks and maximum off-street parking and loading requirements for uses proposed shall be established for each planned development district based upon the particular merits of the development design and layout. Such standards and requirements shall comply and be more restrictive than the standards established in the base zoning district for the specific type uses allowed in the district, except that modifications in these regulations may be granted by the council if it shall be found that such modifications are in the public interest, are in harmony with the purposes of this ULDC and will not adversely affect nearby properties. The detail plan shall include a specific phasing plan when the area is 100 or more acres in size.

(g) Expiration of detail plan. A detail plan shall be valid for two years from the date of its approval. If a building permit has not been issued and construction begun on the detail plan within the two years, the detail plan shall automatically expire and no longer be valid. The council may, prior to expiration of the detail plan, for good cause shown, extend for up to 12 months the time for which the detail plan is valid. Once expired, the zoning designation reverts to the underlying zoning district. Once expired, all future phases are also expired.

(h) Annual review by the planning and zoning commission. Annually, on or about the time of the original city council approval, the planning and zoning commission shall review progress on building permits, construction, inspections and preparation for the next phase. If measurable progress cannot be demonstrated by the owner of the PUD, then the planning and zoning commission shall recommend to the city council to void the PUD.

(i) Changes in detail plan. Changes in the detail plan shall be considered the same as changes in the zoning ordinance and shall be processed in accordance with this ULDC. Those changes which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height, or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site, as indicated on the approved detail plan, may be authorized by the planning director. Any applicant may appeal the decision of the planning director to the planning and zoning commission for review and decision as to whether an amendment to the planned development district ordinance shall be required.

(j) Minimum development size. The total initial development of any planned development district shall not be less than ten acres.

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(k) Deviation from code standards. The city council may approve a PUD concept or detail plan with deviations from any provision in this ULDC. Such deviations shall be listed or shown as part of the ordinance that approves the concept or detail plan. The focus shall be on the provision of private open space, trails and connections to the public trail system, higher standards for site design, and the provision of other amenities such as community buildings, preservation of view corridors, for example.

[Remainder of page left intentionally blank.]

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Table 2-1. Net Density/Allowed Use

0 to <1 1 to <2 2 to <3 3 to <4 4 to <5 5 to <6 6 to <7 7 to <8 8 to <9 DENSITY 9 to <10 10 to <11 11 to <1212 to <1313 to <1414 to <15 15 to <1616 to <1717 to <1818 to <1919 to <2020 to <2121 to <2222 to <23 23 and Higher SFE SF1 SF1 SF1 SF2 SF2 SF2 SF2 SF2 MF1 MF1 MF1 MF1 MF1 MF1 MF2 MF2 MF2 MF2 MF2 MF2 MF2 MF2 MF3

Single Family Detached

Duplex

Single Family Attached

Multi-Family

Shaded = Allowed

NOTE: Net density refers to the land area of the development minus the public rights-of-way and land dedicated for public use, such as schools and public parks.

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Division 3. Land Use Tables and Conditions

Section 2.09 Land use tables. This section sets forth the land uses allowed in each zoning district. In the following tables “P” means Permitted Use and “PC” means Permitted Use with Conditions as set forth in the conditions tables in division 3 of this article. Where neither a “P” nor a “PC” exists in the table, the use is prohibited. To the extent that there is a conflict between the use tables and the conditions, the use table controls.

Table 2-2. Non-residential uses.

COND USES MU NSC ACE GC LC LI HI REF Agriculture (may include animal husbandry – raising of animals including P P P P P livestock) excluding feedlots Animals Kennels PC A25 Animal hospital PC PC PC A25 Exotic animals PC PC PC PC A5 Auto body shop P PC P A1 Automobile facility, major P PC P P A2 Automotive repair, minor P P P P Boat and RV storage P PC P A36 Building, heating, plumbing, general, service P PC P A3 or electrical contractors with outdoor storage Community services P P P P P P Containers PC PC PC PC A5-7 Day care P P P P PC PC A8 Dwelling unit PC PC PC A44 Eating establishments Full service P PC PC P P P PC A8-10, A12 A8, A9, Limited service P PC P P P PC A11 Entertainment facilities, PC PC PC PC A45 including bars and lounges Equipment sales and rental P P P facilities Excavation PC PC A23 Extended stay motel PC PC A13

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COND USES MU NSC ACE GC LC LI HI REF Funeral Home PC PC PC A33 Gas station minimart P PC P P A14 Gas station minimart with limited food preparation P PC P P A15 Gas stations P PC P P P A16 Gravel pit PC A23 Grocery stores P PC PC P P A19 Group housing, Boardinghouse, Dormitory, Halfway PC PC A21-22 house, Orphanage, Group home for substitute care Homeless shelter PC PC A21-22 Hotels and motels P P P P P Junk and salvage yard PC PC A23 Live outdoor exhibitions PC PC PC A26 Medical facilities Hospitals P P P Clinics P P P P P PC A4 Medical waste storage PC PC A23 and disposal center Nursing homes and PC PC A20, A22 assisted living facilities Office P PC PC P P P PC A27-28 Oil or gas wells PC A23, A29 Outdoor storage PC PC PC P P A42 Packaging PC PC A23 Parking, commercial P P P Personal service P P P P P P Pet stores PC PC PC PC A32 Places of assembly PC PC PC PC PC A30, A30A Recreational vehicle park PC PC A31 Repair business P P P P P Resource extraction PC A23, A34 Retail General P PC P P P A18 Big box PC PC A17 Sandblasting PC PC PC A23 Self storage P P P

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COND USES MU NSC ACE GC LC LI HI REF Slaughterhouse PC A23, A35 Supply houses directly to industry not to individuals P P Telecommunication PC PC PC PC A37 facilities Towing service PC P A38 Towing yard PC P A42 Truck stop P Truck terminal P P Vehicle sales, rental or leasing facility, industrial P P P Vehicle sales, rental or leasing facility, personal P P P Vehicle storage P PC P A36 Warehouse and freight PC PC P P A40 movement Waste related services Landfills P Recycling centers PC P A41 Wholesale trade P P

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.

COND ACCESSORY USE MU NSC ACE GC LC LI HI MU NSC REF Dog run PC PC PC A25 Dwelling unit P PC PC A44 Medical equipment storage PC PC PC A43 and research facilities Kennel PC PC PC A25

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Table 2-4. Residential uses.

USES SFE SF1 SF2 MF1 MF2 MF3 NC UN ACE COND REF Agriculture PC PC PC B3 Community services PC PC PC PC PC PC PC PC PC B6-7 Industrialized home P P P P P P P Manufactured home P P Multifamily dwelling PC PC PC PC B11 Single-family PC PC PC P P PC B14 , B21 residential attached Single-family P P P PC P P B17 residential detached Two-family dwelling PC P PC P P B18, B19 duplex Country clubs P P P P P P Golf courses P P P P P P P P Group home for the PC PC PC PC PC B9 disabled Personal care home PC PC PC PC PC B9 Public park P P P P P P P P P Places of assembly PC PC PC PC PC PC PC PC PC B12 Pool, pool house, hot tub, and related P P P P P P P P P mechanical equipment and storage facilities Storage of unoccupied recreational vehicles P P P P for personal use

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.

COND ACCESSORY USE SFE SF1 SF2 MF1 MF2 MF3 NC UN MU ACE REF Accessory dwelling PC PC PC PC PC PC PC B1, B2, B10 Barn P Community building PC PC PC PC PC B5 Family home day care PC PC PC PC PC PC PC PC B8 Garage sale PC PC PC PC PC PC PC B20 Gazebo P P P P P P P P P P

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COND ACCESSORY USE SFE SF1 SF2 MF1 MF2 MF3 NC UN MU ACE REF Home occupation PC PC PC PC PC PC PC PC PC PC B10 Laundry building PC PC PC B5 Non-commercial solar energy facilities PC PC PC PC PC PC PC PC PC PC B15 On site management office for multifamily or single-family attached dwellings PC PC PC PC PC PC PC B7A On site storage of a personal pleasure boat or recreational vehicle P P P P Pool, pool house, hot tub and their equipment P P P P P P P P P P Private open space PC PC PC PC PC PC PC PC PC PC B13 Private recreation space PC PC PC PC PC PC PC PC PC PC B13 Stables PC B16 Storage building P P P Studio PC PC PC B10 Sports court P P P P P P P P P P

Section 2.10 Land use conditions.

This section sets forth the conditions associated with identified land uses in Section 2.05.

Table 2-6. Use conditions.

Applicable Land Use Zoning Conditions District A. Non-Residential Categories (a) Auto body shops shall be separated from all adjacent uses by an opaque screen. 1 Auto body shops GC (b) Vehicles must be kept on the private property of the auto body shop. (c) Vehicle storage is subject to the outdoor storage conditions of this ordinance and must be kept behind a screening device. Automobile facility, Automobile facilities shall be separated from all adjacent uses by an opaque 2 GC major screen. Building, heating, Building, heating, plumbing, general, service or electrical contractors with plumbing, general, outdoor storage shall be separated from all adjacent uses by an opaque 3 service or electrical GC screen. contractors with outdoor storage

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Applicable Land Use Zoning Conditions District Clinics must be totally within an enclosed building, in an office or other 4 Clinics HI non-production building and open only to employees of the industrial facility for which the day care or clinic is operated.

All, where Exotic animals are subject to the restrictions under section 14-8 of the code 5 Exotic animals permitted of ordinances. (a) Containers may not be stacked on one another. (b) Berms, hills, slabs in excess of one foot above natural grade or other raised features may not be created upon which to place containers. 6 Containers GC, MU (c) There is no limit to the number of containers on a property. (d) Containers shall be screened from all adjacent properties by an opaque screen. (a) Containers in LI may be stacked up to three containers in height with no limit in the number of containers on a property. (b) Containers in HI may be stacked up to five containers in height with 7 Containers LI, HI no limit in the number of containers on a property. (c) Containers shall be screened from all adjacent properties by an opaque screen. Day cares must be totally within an enclosed building, in an office or other 8 Day cares HI non-production building and open only to employees of the industrial facility for which the day care or clinic is operated.

(a) Eating establishments shall not exceed 4,000 square feet in size of Eating seating and food preparation area including restrooms. 9 NSC establishments, all (b) Eating establishments shall be located on a collector street or higher classification. Eating All, where Full-service eating establishments shall provide opaque screening when 10 establishments, full permitted adjacent to single-family dwellings. service except ACE Eating All, where Limited service eating establishments shall provide opaque screening when 11 establishments, permitted adjacent to single-family dwellings. limited service Eating 12 ACE Drive-through restaurants are not allowed. establishments, all (a) Extended stay motels must include a conference center of at least 500 square feet, a business center, a swimming pool for the exclusive use of guests, a fitness or recreational center and a heated and air conditioned laundry room containing at least three washers and three 13 Extended stay motels GC, MU dryers for the exclusive use of guests. (b) No services commonly associated with transitional housing or short term residential studio units, including, but not limited to, the provision of free meals, case management or counseling, may be provided to motel clients on-site on a continual basis. (a) Gas station minimart shall not exceed 4,000 square feet in size. 14 Gas station minimart NSC (b) Gas station minimart is allowed only if located on arterial streets and or on a collector street at its intersection with an arterial street. (a) Gas station minimart (limited food preparation) shall not have a drive Gas station minimart through for food service in NSC. 15 with limited food NSC (b) Gas station minimart (limited food preparation) must provide opaque preparation screening adjacent to any residential dwelling . (c) Gas station minimart (limited food preparation) is allowed only if

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Applicable Land Use Zoning Conditions District located on arterial streets and or on a collector street at its intersection with an arterial street. Gas stations are allowed on arterial streets and may be located on a collector 16 Gas stations NSC street at its intersection with an arterial street. (a) Building and appurtenances shall be located at least 20 feet from a All, where 17 Big box retail residential property line. permitted (b) Loading docks shall not face residential uses. (a) General retail shall not exceed 4,000 square feet in size in NSC. 18 General retail NSC, ACE (b) New retail stores shall not exceed 10,000 square feet in size in ACE. (a) Grocery stores shall not exceed 4,000 square feet in size in NSC. 19 Grocery stores ACE, NSC (b) Grocery stores shall not exceed 40,000 square feet in size in ACE. (a) Group housing, nursing homes and assisted living facilities must be licensed by the state. (b) Group housing, nursing homes and assisted living facilities shall not Group housing, be located within a floodplain or floodway. nursing homes and All, where (c) Group housing, nursing homes and assisted living facilities shall 20 assisted living permitted annually prepare and implement an evacuation plan for all residents in facilities accordance with chapter 22, article II, division 3 of the code of ordinances. (d) Direct vehicle access to nursing home facilities in the UN district shall be provided from a collector or arterial street or major thoroughfare. (a) These uses must secure a special use permit in accordance with section 1.27 of this ULDC. (b) Group housing, boardinghouse, group home for substitute care, dormitory, halfway house, homeless shelter, orphanage, and personal care home shall annually prepare and implement an evacuation plan for all residents in accordance with chapter 22 of the code of Group housing, ordinances. boardinghouse, (c) No application for a proposed group housing use that requires a special group home for use permit may be granted if another group housing use that requires a substitute care, special use permit exists within one-half mile of the proposed location. All, where 21 dormitory, halfway i. Such measurements shall be measured from property line to permitted house, homeless property line. shelter, orphanage, ii. In making the determination that no group housing use requiring a and personal care special use permit exists within one-half mile, the director may home consider information provided by the applicant, information contained in the records of the city, and information obtained by physical inspection of the premises. (d) Group housing, boardinghouse, group home for substitute care, dormitory, halfway house, homeless shelter, orphanage, and personal care home must be located at least 1,300 feet from any other group home or assisted living facility. (a) The following minimum square footage per bedroom shall be provided by the home: i. to house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose; or All, where 22 Group housing, all ii. to house two (2) handicapped persons per bedroom, the dwelling permitted unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. (b) Separate bedroom facilities from all residents shall be provided for the care provider or providers that live in the facility part-time or full-time with the residents.

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Applicable Land Use Zoning Conditions District (c) Nothing in this condition shall be construed to restrict the location or operational abilities of facilities engaging in the sale of alcohol for on or off-premises consumption based on the location of group housing facilities. (d) All facilities shall meet and maintain compliance with the code of ordinances and requirements of this ULDC and all applicable health and safety codes and regulations in effect. All, where These industrial uses require the issuance of a special use permit in 23 Industrial uses permitted accordance with section 1.27 of this ULDC. 24 Reserved (a) Kennels are not allowed within 100 feet of any residential use. (b) Kennels are not allowed within 300 feet of a church, school, hospital, or place of assembly. 25 Kennels GC, MU, LI (c) Kennels are not allowed within 300 feet from where food is sold or consumed. (d) Kennels shall not house exotic animals. Live outdoor All, where Live outdoor exhibitions shall conform to all licensing, inspection and 26 exhibitions permitted performance standards in chapter 42 of the code of ordinances. 27 Office HI Office use may only be ancillary to an allowed primary use. 28 Office NSC Office shall not exceed 4,000 square feet in size. 29 Oil and gas wells MU No new oil or gas wells in MU are allowed. (a) Direct vehicle access shall be provided from a collector or higher classification street. All, where (b) Outdoor uses associated with places of assembly shall be setback at 30 Places of assembly permitted least 300 feet from any residential property line. If a place of assembly has an outdoor use, there shall be an opaque screen along the common property line with any adjacent residential uses. (a) Places of assembly cannot be located therein if its presence precludes the sale of alcoholic beverages for on-premises consumption elsewhere in the ACE district. 30A Places of assembly ACE (b) Direct vehicle access shall be provided from a collector or arterial street unless the point of access to the off-street parking area serving the use is located within 1,500 feet of a collector or arterial street, as measured along the centerline of the place of assembly. Recreational vehicle Recreational vehicle parks shall be separated from all adjacent uses by an 31 GC park opaque screen. A dog run may be placed on site at a pet store, where it is not adjacent to All, where 32 Pet stores any dwelling unit and it may not be used for overnight sleeping of animals. permitted All, where A funeral home with a crematorium requires the issuance of a special use 33 Funeral home permitted permit in accordance with this ULDC. (a) Resource extraction shall be separated from all adjacent uses by an 34 Resource extraction MU opaque screen. (b) Trucks must use designated truck routes. A slaughterhouse shall be at least 1,000 feet from any residential property 35 Slaughterhouse HI line.

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Applicable Land Use Zoning Conditions District (a) Stored vehicles shall be screened from all adjacent properties by an opaque screen. Storage of motor (b) Vehicles that are hazardous or contain hazardous materials pursuant to 36 GC vehicles the standards of the Texas Department of Transportation, TCEQ or any other regulatory agency of the State or EPA are not allowed to be in such vehicle storage. Except as otherwise provided in the code of ordinances, telecommunication Telecommunication All, where towers in excess of 50 feet in height and monopole towers in excess of 85 37 facilities permitted feet in height are permitted in all non-residential zoning districts with a special use permit in accordance with section 1.27 of this ULDC. (a) Towing service shall install and maintain an opaque fence when 38 Towing service MU adjacent to residential use or residential zoning. (b) Towing service shall comply with all state laws Warehouse and (a) Warehouse and freight movement excludes large distribution centers. 40 MU, GC freight movement (b) Warehouse and freight movement excludes hazardous cargo and traffic. (a) Recycling centers are only allowed if the center is an indoor facility. 41 Recycling centers LI (b) Outdoor storage is allowed only if the items being stored are completely enclosed in containers in conformance with this ULDC. All, where Outdoor storage shall be separated from all adjacent uses and from view 42 Outdoor storage permitted from any public right-of-way by an opaque screen.

(a) Medical equipment must be totally enclosed within a building. (b) No outdoor storage of medical equipment. Medical Equipment (c) Storage does not include incineration or other forms of destruction but storage and research MU, GC, LI only storage. 43 facilities (d) Medical research facilities shall be located only on the same lot with a hospital or on the same campus as a hospital and shown on an approved master plan.

(a) New dwelling units are allowed in MU where the residential lot provides an open space setback of 20 feet from any adjacent, existing non-residential use. (b) New residential subdivisions proposed in MU shall only be approved where the subdivision is rezoned to an appropriate residential zoning district. (c) Dwelling units are allowed in ACE following the standards set forth in this ULDC. (d) Live-work uses may be located in an ACE district (i) behind a business 44 Dwelling Unit MU, ACE on its first floor as long as the exterior wall of the residential area is not along Texas Avenue or (ii) above the ground floor where the unit has frontage on Texas Avenue. (e) When a mixed-use building fronts on Texas Avenue in the ACE district, a residential use is allowed only (i) behind a business on its first floor as long as the exterior wall of the residential area is not along Texas Avenue or (ii) above the ground floor where the unit has frontage on Texas Avenue. (f) Dwelling units are allowed in LC in cases in which they are allowed in the approved master plan. Entertainment Entertainment facilities, including bars and lounges, are subject to the All, where 45 facilities, including restrictions under chapter 6 of the code of ordinances. permitted bars and lounges

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Applicable Land Use Zoning Conditions District B. Residential Categories (a) Accessory dwelling units may be permitted as an accessory use to an otherwise allowed detached single-family dwelling in any zoning district that allows single-family dwellings. (b) The unit shall include a full kitchen. (c) Only one accessory dwelling per lot is allowed. (d) The total living area of the accessory dwelling unit shall not exceed six hundred (600) square feet or twenty-five (25) percent of the square footage of the living area of the private residential dwelling, whichever is greater. (e) The principal residential and accessory dwelling unit together shall not exceed the maximum zoning district impervious cover. (f) The accessory dwelling unit may be part of or attached to the principal structure, and /or may be a separate structure. (g) All principal structure yard requirements shall be met by the principal Accessory dwelling All, where structure and the accessory dwelling unit. 1 units permitted (h) The accessory dwelling unit shall not exceed the maximum zoning district height. (i) Accessory dwelling units may not be used for commercial purposes. (j) Accessory structures that exceed 25% of the gross floor area of the primary residence must abide by the design standards in article IV of this ULDC. (k) Accessory dwelling units must have similar architecture to the primary residence. (l) Accessory dwelling units may be placed inside the primary residence or may be a freestanding structure. (m) The primary and secondary dwelling units must be serviced by the same water/sewer meter. (n) The accessory dwelling unit must have a separate address on file with the city and the authorities/organizations responsible for emergency response, mail delivery and electric service. Except barns, the sum of all accessory structures on a tract of land must not All, where 2 Accessory structures exceed 75 percent of the gross square footage of the primary structure on permitted the same lot. (a) Any agriculture function involving animals shall be at least 100 feet SFE, SF1, from any adjacent residential property line. 3 Agriculture SF2 (b) Any agents causing noxious odors shall not be located closer than 100 feet from any adjacent residential property line. (a) Free standing buildings must be of the same architectural style as the dwelling units they serve. (b) Free standing buildings must be connected by walkways to pedestrian SF2 and all 5 Community building areas and parking lots. MF districts (c) 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. (a) Community services shall be separated from all adjacent residential All, where dwellings by an opaque screen. 6 Community services permitted (b) Minimum parking requirements are one per 200 square foot of usable area.

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Applicable Land Use Zoning Conditions District On-site association Club houses and management facilities must be of similar architecture to the management offices All, where apartment complex or the neighborhood in which they are located. 7A and club houses for permitted dwelling units (a) There is a maximum of six children, including children of the family providing day care. (b) Only those family home day cares that are duly licensed by the state SFE, SF1, Family home day are allowed. 8 SF2, MF1, care (c) Baytown fire department permitting and inspections are required. MF2 (d) All requirements for a home occupation shall be followed. (e) Annual renewal of family home day care permit required with an inspection in advance of renewal. (a) No group housing residents may occupy a single-family residence, other than the property owner or family of the property owner until a group housing acknowledgment form has been duly filed with the director on a form prescribed by the director. (b) The facility shall be responsible for providing food, shelter, personal guidance, general care and supervision to all of its residents. (c) There shall be no signs or other exterior visible evidence of the group housing use and the exterior structure must retain its compatibility with the surrounding residential dwellings. (d) There shall be no visible storage of equipment, materials or vehicles that have more than two axles. Group housing, (e) No equipment shall be used that creates undue noise, vibration, group homes for the All, where electrical interference, smoke or particulate matter emission, excessive 9 disabled and permitted power demands or odors. personal care homes (f) The facility shall comply with the operational performance standards of the code of ordinances. (g) The residents of the home may not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home. (h) The city reserves the right to inspect the location at any time to ensure that the health, safety and general welfare of the residents is being provided for by the facility. (i) Nothing in this section shall be construed as attempting to regulate or affect the right of handicapped individuals to purchase their own dwellings or to affect the right of individuals to care for handicapped family members. (a) A home occupation shall not exceed 25% of the heated/air conditioned space of the dwelling unit. (b) The following home occupation standards are intended to permit residents to engage in home occupations within zoning districts that allow residential uses and that are compatible with residential land uses and to ensure that home occupations do not adversely affect the All integrity of residential areas. 10 Home occupation residential (c) These home occupation standards shall have no application in any districts non-residential zoning district. (d) A home occupation shall be considered an accessory use, subject to the following standards: i. A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner; ii. There shall be no signs or other exterior visible evidence of a home occupation;

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Applicable Land Use Zoning Conditions District iii. There shall be no storage of equipment visible outside the dwelling, or materials or vehicles that have more than two axles; iv. The home occupation shall be conducted entirely within the principal residential building; and v. No equipment shall be used that creates noise, vibration, electrical interference, smoke or particulate matter emission, power demands or odors above the existing level. (e) Home occupations shall comply with the operational performance standards of this ULDC. (f) Home occupation applicants shall complete an annual registration form and pay the one-time and annual fees as defined in chapter 2 of the code of ordinances. (a) If a multifamily complex is constructed in phases, the planned amenities and community buildings must be constructed in an at least equal ratio along with the residential buildings. For example, a 200 unit apartment complex with two swimming pools and two laundry buildings that is constructed in two 100 unit phases must construct at least one swimming pool and one laundry building with the first phase. Multifamily MF1, MF2, 11 (b) Developments in the MF1 may not use special flood hazard areas in dwellings MF3 density calculation, thus preventing the development from being overcrowded on usable land and thereby being incompatible with the medium density duplex and townhouse development standards. (c) Gazebos, workshops, green houses and other similar accessory uses are allowed in common space but may not be constructed on leased space or designated for individual tenant use. (a) Multifamily dwellings shall not exceed 30 units per acre. Multifamily (b) Multifamily dwelling units are not allowed on the ground floor of 11A ACE dwellings buildings along Texas Avenue unless the units are located on the second floor or higher. (a) Direct vehicle access shall be provided from an arterial street. (b) Outdoor recreation, entertainment and performing arts uses associated All, where with places of assembly that utilize outdoor lighting and speaker 12 Places of assembly permitted systems shall be setback at least 300 feet from any residential use and shall provide a 25-foot wide vegetative buffer against the property line containing the residential use. (a) Private open space is not a public park and may not be used to increase the net density on the project. All (b) Private open space shall be a minimum of 100 square feet in size. 13 Private open space residential (c) Private open space must be accessible to pedestrian pathways, if districts available. (d) Private open space must be deed restricted to private recreation prior to any building permits being issued for any dwelling unit.

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Applicable Land Use Zoning Conditions District (a) Each single-family attached dwelling unit shall be situated on a separate legally platted lot. (b) Required parking areas and garages shall be located to the rear of the building. (c) Parking shall be permitted in the required street side yard. (d) A home owner’s association shall be established and made responsible for the perpetual maintenance and repair of common areas. (e) The maximum number of units per building is 8. Single-family SF2, MF1, 14 (f) The minimum number units per building is 3. dwelling attached MF2 (g) Each dwelling unit shall have a front and a back door on the ground floor that exits to the exterior. (h) Each unit shall have 25% of the lot area in private open space on the lot with the unit. (i) Shared open space: each townhouse development shall have common open space not on the lot with the unit, accessible to all residents and not used for parking, storage, lift stations and the like. (j) Density in the MF2 District shall not exceed 21 units per acre. Solar energy systems are allowed, so long as they do not reflect light into All, where 15 Solar energy systems the public right of way or adjacent properties. permitted

16 Stable SFE A stable may not be used for commercial purposes. Single-family (a) Density may not exceed 10 units per acre. 17 MF1 detached (b) Limited to developments of at least 10 units. Two-family dwelling Minimum lot size shall be 3,875 square foot per dwelling unit (80% of 18 SF2 duplex allowed minimum for Single-Family Detached in SF2). Two-family dwelling Density may not exceed 17 units per acre. 19 MF2 duplex All, where Subject to the restrictions of chapter 82, article IV of the code of ordinances. 20 Garage sales permitted (a) Required parking areas and garages shall be located to the rear of the building. (b) The maximum number of units per building is 15. (c) The minimum number of units per building is three. Single-family 21 ACE (d) Common open space is required for each townhouse development dwelling attached and such common open space shall not be on the lot with the unit, shall be accessible to all residents, shall be within the boundary of the townhome subdivision plat, and shall not be used for parking, storage, lift stations or other similar uses.

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Article Three. Design and Compatibility Standards

Division 1. Property Development Standards

Table 3-1. Property development standards.

Zoning Category MU* NSC GC* LC ACE LI* HI*

Minimum Lot Size (square feet) 5,000 10,000 10,000 10,000 2,500 20,000 5 AC

Minimum Front Setback 15 15 25 0 0 35 50

Minimum Rear Setback 5 5 5 0 0 20 40

Minimum Interior Side Setback 5 5 5 0 0 5 10

Minimum Street Side Setback 10 15 25 10 0 25 50

Maximum Height (in feet) 40 35 60 60 60 50 60/75 Percent Maximum Lot Coverage 90 90 75 75 100 90 90

Minimum Lot Frontage Required (linear 50 60 60 Variable 25 60 60 feet) Zoning Category SFE* SF1* SF2 MF1 MF2 MF3 NC UN

Minimum Lot Size (square feet) 43,560 See Tb. 2-1 See Tb. 2-1 See Tb. 2-1 See Tb. 2-1 1.25 AC 5,400 5,400

Minimum Front Setback 25 15 15 20 25 25 15 15

Minimum Rear Setback 10 10 10 10 10 10 10 10

Minimum Interior Side Setback 15 5 5 7.5 15 15 5 5

Minimum Street Side Setback 25 15 15 20 25 25 10 10

Maximum Height (in feet) 50 35 35 35 50 60 35 40

Percent Maximum Lot Coverage 50 60 60 50 70 80 60 70 Minimum Lot Frontage Required (linear 125 75 50 25 20 60 50 50 feet) * Flag lots are permitted in this district that do not meet the minimum lot frontage required subject to the provisions of Section 3.01, subsection (e).

Sec. 3.01 Lots.

(a) Previously platted lots. No requirement of this section shall prevent the development of a legally platted lot approved by the planning and zoning commission prior to {Effective Date}, so long as the development meets all other applicable provisions of this ULDC.

(b) Area. Each lot shall have a minimum area. See table 3-1.

(c) Required frontage.

(1) Each lot shall have frontage on a dedicated public right-of-way on which a street is accepted and built to the city’s engineering standards or on a

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private, platted street that is built to the city’s engineering standards as set forth in table 3-1.

(2) Each lot shall have a minimum width no less than the lot’s minimum frontage width as set forth in table 3-1.

(3) Radial lots shall have at least 20 feet of frontage.

(d) Layout. Where lot lines intersect the right-of-way, the lot lines shall be at a ninety-degree angle with the right-of-way.

(e) Flag lots.

(1) A flag lot consists of a narrow strip of land called a staff that provides access from the public street to a principal portion of a lot. The staff of the flag lot must meet the minimum dimension requirements of subsection (4) below. The principal portion of the lot must meet the minimum property development standards set forth in table 3-1.

(2) Flag lots shall only be used to provide for vehicular access to the principal portion of a lot through a staff and shall not be allowed if access to a public street in accordance with the minimum property development standards set forth in table 3-1 is available.

(3) The staff portion of the lot shall only be used for vehicular access purposes.

a. The staff portion of the lot shall be deed restricted so that it shall only be used for ingress and egress.

b. The restriction must preclude construction of any building, structure, wall or fence within those portions.

c. The restriction must clearly indicate any portion of the staff that is to be used as a joint or shared access.

(4) Dimensions.

a. If a flag lot that is zoned for single or two-family residential use derives access solely from its own staff, the minimum width of the staff shall be 20 feet.

b. If a flag lot that is zoned for any non-residential or multifamily use derives access solely from its own staff, the minimum width of the staff shall be 24 feet.

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c. If a flag lot derives its access in common with another lot, the combined common access shall have a minimum width of 20 feet.

Sec. 3.02 Setbacks.

(a) Double frontage lots shall have setbacks that are at least equal to the required front or side yard setbacks of adjacent lots.

Figure 3-1. Double Frontage Lots

(b) Parking stalls and drive aisles shall be allowed within all setbacks. Drive aisles with ingress/egress access to a collector or arterial street shall not be located parallel to a street so that turning movements occur within 20 feet of the property line. There shall be no parking stalls located along the entrance driveway/apron to the drive aisle, which may interfere with stacking of vehicles upon entrance to the property.

Figure 3-2. Parking stalls and drive aisles.

Appropriate Configurations

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Inappropriate Configurations

(c) The following features may be located within required setbacks so long as they are in conformance with the visibility triangle standards in section 122-3 of the code of ordinances:

(1) Trees, shrubbery or other features of natural growth;

(2) Fences or walls may be placed in the front, side or rear yard setbacks provided that they do not violate sight triangles and provided that fences in the front yard setback are non-opaque;

(3) Off-street parking areas and sidewalks;

(4) Signs, if permitted by chapter 118 of the code of ordinances;

(5) Bay windows, architectural design embellishments and cantilevered floor areas of buildings that do not project more than two feet into the required setback;

(6) Eaves that do not project more than 2 feet into the required setback;

(7) Open outside stairways, entrance hoods, terraces, canopies, carports and balconies that do not project more than five feet into a required front or rear setback or more than two feet into a required side setback;

(8) Chimneys, flues and ventilating ducts that do not project more than two feet into a required setback and when placed so as not to obstruct light and ventilation;

(9) Open, unenclosed porches that do not project more than five feet into a required front or rear setback or more than two feet into a required side setback;

(10) Utility lines, wires and associated structures, such as power poles; and

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(11) Mechanical equipment, such as air conditioning units, pool filtering and heating equipment, water softeners and similar equipment, if the equipment does not restrict pedestrian access through such setbacks and if it is totally screened from view from abutting property and rights-of-way by fences, walls or landscaping.

Sec. 3.03 Height.

(a) Buildings. Each zoning district shall have a maximum building height as specified in table 3-1.

(1) Building height shall be measured as the vertical distance between the average finished grade at the base of the building and the mean height of the roof. The mean height of the roof is determined by averaging the highest and lowest points of the roof.

(2) For fences or walls, height shall be measured on the side with the least vertical exposure above the finished grade to the top of the fence or wall.

(3) Buildings in the Heavy Industrial (HI) Zoning District have a maximum height of 60 feet unless the entire building is equipped with a National Fire Protection Association (“NFPA”) 13 fire sprinkler system, then the maximum height shall be 75 feet.

(b) Exemptions. The following structures and features shall be exempt from the height requirements of this ULDC to the extent indicated:

(1) Chimneys;

(2) Cupolas, widow walks;

(3) Utility poles and support structures;

(4) Cooling towers and ventilators;

(5) Municipal or other state or county government utility infrastructure; and

(6) Spires and church steeples.

Sec. 3.04 Lot Coverage

Each lot or tract shall conform to the maximum lot coverage standard shown in table 3-1.

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Division 2. Operational Performance Standards

Sec. 3.05 Purpose. The operational performance standards of this division are intended to protect the health, safety and welfare of the citizens of the city by regulating potential nuisance features associated with certain land uses.

Sec. 3.06 Applicability. The operational performance standards of this division shall apply to all uses, buildings and structures within the city unless otherwise specifically indicated.

Sec. 3.07 Exemptions. The following are exempt from the operational performance standards of this division:

(a) Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and

(b) Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public right-of-way or easement.

Sec. 3.08 Standards. Under this division, the following standards shall apply:

(a) Noise. Sites shall be laid out and uses shall be operated to prevent noise from becoming a nuisance to adjacent single-family and duplex uses and NC-zoned sites;

(b) Vibration. All uses shall be operated so that ground vibration is not perceptible outside the lot lines of the site on which the use is located;

(c) Fire and explosive hazards. Underground storage tanks for flammable liquids and gasses shall be located at least 50 feet from the lot line of lots zoned NC or that contain a single-family or duplex use; aboveground tanks shall be set back at least 100 feet from such lot lines, unless the board of adjustment determines, based on information provided by the applicant, that a 50-foot setback will ensure compliance with all applicable state standards. The storage tank setback requirements of this subsection shall not apply to tanks that are necessary to single-family or duplex units;

(d) Light and glare. The following operational performance standards shall apply:

(1) All exterior lighting shall be hooded or otherwise shielded so that the light source is not directly visible from property that is zoned NC or that contains a single-family or duplex use;

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(2) All lighting shall be shielded so that substantially all emitted light falls within the property line of the property from which the light emanates;

(3) All exterior building floodlights shall be shielded so that all emitted light falls upon the property from which the light emanates;

(4) No illumination shall produce direct, incident or reflected light that interferes with the safe movement of motor vehicles on public streets. The types of lighting that shall be prohibited by this subsection shall include but not be limited to any light that may be confused with or construed as a traffic control device and any animated, flashing or changing intensity lights, except for temporary holiday displays; and

(5) Electromagnetic interference. No operations or activities shall be conducted that cause electrical disturbances to be transmitted across lot lines.

Sec. 3.09 Compliance. Any use existing on August 7, 1995, that does not comply with one or more of the operational performance standards of this section shall not be deemed a nonconforming use for the purposes of this ULDC.

Division 3. Non-Residential Zones

Sec. 3.10 Applicability. Any parcel zoned one or more of the Non-Residential Zoning Categories shall comply with the masonry, architectural and site design standards listed in this section.

(a) Masonry.

a. All buildings other than accessory use buildings shall have all exterior walls constructed using masonry materials in accordance with the minimum masonry materials coverage percentage shown in table 3-2, exclusive of doors and windows, according to the zoning district in which the building is located and street on which the building faces.

(1) Rear facades facing a public street or parking lot shall be considered a side façade and shall be subject to the side façade standard applicable to that zoning district and street classification as shown in table 3-2.

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Table 3-2. Non-residential minimum masonry requirement. Zoning Building Arterial Street Standards Collecto r and Local Street Standard District Square (% minimum requirement - reduced % (% minimum requirement - reduced % Footage minimum requirement) minimum requirement) Front Side Rear Front Side Rear GC - 80 – 40 50 – 25 0* 60 – 30 20 – 10 0* NSC - 80 – 40 50 – 20 0* 60 – 30 40 – 20 0* MU No Masonry Standard LI 0-50K 75 – 70 75 – 35 0* 60 – 30 60 – 30 0* 50K-100K 60 – 50 60 – 30 0* 40 – 20 40 – 20 0* 100K and up 25 - 20 25 - 15 0* 20 – 10 20 – 10 0* HI No Masonry Standard Note: Rear facades facing a public street or parking lot shall be considered a side façade and use the side façade standard applicable to that zoning district and street classification.

(2) Reduction in masonry requirement. A reduction in required masonry, including any percentage from the “% minimum required” value to the “reduced % minimum requirement” value shown in table 3-2 shall be permitted if the following is provided:

b. Two trees and four shrubs per each forty linear feet of facade shall be planted forward of the front building line no more than 20 feet away from the façade in accordance with the landscaping installation and maintenance standards in chapter 18, article XIV of the code of ordinances, and;

c. The front façade shall be constructed of at least fifty percent exterior glazing; or

d. Other materials or a combination of severe weather rated brick, stone and other materials may be granted by the director based on and considered for:

1. Architecturally significant and creative design; or

2. Architectural styles such as, but not limited to, Queen Anne, Victorian, English Tudor, Italian Villa, or Log designs; or

3. Compatibility with developed properties within the same neighborhood.

e. A masonry modification request that has been denied by the director may be submitted to the planning and zoning commission

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for reconsideration. A masonry modification request that has been denied by the planning and zoning commission may be submitted to the city council for reconsideration. The council’s decision on the reconsideration is final.

f. Requests going before the planning and zoning commission or city council for masonry modification will be processed according to the procedures in this ULDC. b) Architectural. The following standards apply only to building facades that face a street and to each whole story that is completely or partially within forty feet in height as measured from the finished floor elevation:

(1) Articulation and Relief.

a. Buildings over forty feet in length shall utilize pilasters, columns, niches, or other variations in building plane in order to add building relief of at least twelve inches.

b. Buildings over 25 feet in height shall utilize ledges, brick or stone courses, or other variations in building plane in order to delineate each story.

(2) Style Elements. Style elements affect the building(s) entrance treatment and hierarchy, provide for architectural embellishment, or enhance the transition from public property to private property.

a. Buildings facing a collector or arterial street shall be required to utilize two different style elements.

b. Acceptable style elements include: recessed entries, stoops, storefront bay windows, public/private entrance differentiation, permanent decorative awnings, canopies, overhangs, porches, arcades, balconies, outdoor patios, public art displays, and plaza space. c) Site Design.

(1) Sidewalks in conformance with chapter 122 of the code of ordinances shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy or completion for a new commercial building.

(2) A connection from the primary building entrance to the public sidewalk system shall be provided using an all-weather surface.

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(3) Detention facilities shall be setback at least thirty feet from all public rights-of-way and shall be screened from view from public streets. See screening standard in table 2-4, condition A,1. Detention facilities may encroach into the required 30 foot setback if they are designed and maintained as a landscaped feature.

d) Landscape. The standards for landscaping are set forth in chapter 18 of the code of ordinances.

Division 4. Residential Zones

Sec. 3.11 Applicability, lots under 43,560 square feet.

Any building on a lot smaller than 43,560 square feet, with the exception of manufactured housing, or a building containing two or more dwelling units shall comply with the masonry, architectural and site design standards listed in this section.

(a) Masonry.

(1) Buildings in subdivisions platted after {Effective Date}, shall have all exterior walls constructed using masonry materials covering at least sixty percent of said walls, exclusive of doors and windows.

(2) A combination of at least three materials shall be used, two of which shall be masonry.

(3) Materials shall be used consistently on the same building plane. The minimum offset to establish a new building plane is 6 inches.

(b) Architectural.

(1) New residential dwellings shall be constructed using at least two of the following design features to provide visual relief along the front of the residence (illustrated in figure 3-3): 1) Dormers; 2) Gables; 3) Recessed Entries (3-foot minimum); 4) Covered Front Porches; 5) Cupolas; 6) Pillars or Posts; 7) Bay Windows (24-inch minimum projection); or 8) other equivalent design feature approved by the director.

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Figure 3-3. Style Elements

(2) Front facing windows shall be provided with trim or shall be recessed. The windows shall not be flush with exterior wall treatment and shall be provided with an architectural surround at the jamb.

(3) Roofs shall have a minimum pitch of 12:4. Mansard roofs shall be allowed.

(c) Site Design.

(1) Sidewalks in conformance with chapter 122 of the code of ordinances shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy for a new residential building.

(2) Entrances to attached garages shall have a 25 foot setback from the front property line and shall not exceed 35 feet in width or occupy more than forty percent of the total building frontage, whichever is greater. The 25- foot setback does not apply to attached side entry garages.

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Figure 3-4. Garage Setback Options

(3) Mechanical equipment shall not be located in the front yard. Mechanical equipment may be allowed in the street side yard setback if screened from view of the public right-of-way.

Sec. 3.12 Applicability, buildings with multiple units.

Any residential building designed for multiple units, including duplex or two-family either for rental or condo ownership shall comply with the masonry, architectural and site design standards listed in this section.

(a) Masonry.

(1) Sixty percent of the total exterior wall area of the first floor of each building elevation shall be constructed of masonry materials, excluding doors and windows.

(2) Thirty percent of the total exterior wall area of the each floor above the first floor of each building elevation shall be constructed of masonry materials, excluding doors and windows.

(b) Architectural.

(1) Building Articulation.

a. Building frontages greater than seventy-five feet in length shall have recessed places, projections, windows, arcades or other distinctive features to interrupt the length of the building façade.

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b. Front and street sides of buildings visible from the public right-of- way shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15% of all exterior wall area.

(2) Stairwells. Open, unenclosed stairwells shall not be allowed along any façade facing a public street or private street system.

(3) False door or window openings. Use of false door or window opening shall be defined by frames, sills and lintels.

(c) Site Design.

(1) Parking areas designed to serve multi-unit dwellings shall not be located between residential buildings and the street or drive isle system.

(2) Sidewalks in conformance with chapter 122 of the code of ordinances shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy for a new multi-unit dwelling.

(3) Building Orientation:

a. Building(s) located on parcels that are adjacent to SFE, SF1 SF2, or MF1 zones shall have a maximum height of forty foot or shall be constructed in conformance with the requirements of the thirty- five degree angle residential proximity slope (see figure 3-6).

Figure 3-5. Building Orientation

b. Building(s) located on parcels that are adjacent to SFE, SF1 SF2, or MF1 zones shall have a fifteen foot building setback and shall

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provide an opaque screening device. Parking, dumpsters, and mechanical equipment shall not be allowed within the setback.

c. Buildings shall front on public streets and/or private street systems.

(4) Developments shall provide a private driving aisle system consisting of limited access driveways. At least one side of the private driving aisle system shall include sidewalks at least five foot wide and a planting strip between the driveway and sidewalk at least five foot wide that includes street trees thirty foot on center. The private street system shall provide vehicular and pedestrian access to all parking areas and on site amenities and must connect to the public sidewalk system in the public right-of-way.

(5) Recreation Space:

a. Each development shall provide at least one hundred square feet of outdoor recreation space per dwelling unit that is intended to serve the entire development. Open space in the required setbacks can not be counted.

b. Outdoor recreation space shall be turf area at least 3,000 square foot in size with maximum slopes of three percent.

c. One perimeter shade tree is required for each 1,000 square foot of outdoor recreation space.

Sec. 3.13 Applicability, manufactured housing. Manufactured housing units shall comply with following standards:

a) Roof. A roof must be predominantly double pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run. The roof must be covered with material that is commonly used on site-built single-family dwellings within the city, including but not limited to wood, asphalt composition shingles or fiberglass, and excluding corrugated aluminum, corrugated fiberglass or corrugated metal. The roof shall have a minimum eave projection and roof overhang of eight inches.

b) Siding. Exterior siding shall be of a material commonly used on site-built single- family dwellings within the city, which material does not have a high-gloss finish and which may include wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall, or the joint between siding and enclosure wall shall be flashed in accordance with building codes.

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c) Transport Equipment. All manufactured homes must remove running gear, tongues, axles and wheels at the time of installation of the home on the parcel.

d) Finished Floor Elevation. The finished floor elevation of the residential design manufactured housing unit shall be a maximum of 24 inches above the exterior finished grade of the lot on which it is located, as measured at the main entrance into the dwelling.

e) Attached Additions. Any attached addition to a residential design manufactured housing unit shall comply with building code requirements. All of the design standards of this division shall apply to all additions.

f) Garages. Any attached addition to a residential design manufactured housing unit shall comply with building code requirements. All of the design standards of this division shall apply to all additions.

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 (MF1). New development that is zoned MF1 and located adjacent to a property zoned NC, UN, SFE or SF1 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 NC, UN, SFE or SF1.

b) Mid-rise density mixed residential dwellings (MF2). New development that is zoned MF2 and located adjacent to a property zoned NC, UN, SFE, SF1 or SF2 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 NC, UN, SFE, SF1 or SF2. 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 dwelling units (MF3). New development that is zoned MF2 and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, or MF1 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 NC, UN,

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SFE, SF1, SF2, or MF1. Any building over 40 feet in height also shall comply with the residential proximity slope in section 3.12(c)(3) of the ULDC. d) Neighborhood Serving Commercial (NSC). New development that is zoned NSC and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, SF3, MF1 or MF2 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 NC, UN, SFE, SF1, SF2, SF3, MF1 or MF2. e) General Commercial (GC). New development that is zoned GC and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, SF3 or MF1 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 NC, UN, SFE, SF1, SF2, SF3 or MF1. 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 NC, UN, SFE, SF1, SF2, SF3, MF1, 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 NC, UN, SFE, SF1, SF2, SF3, MF1, 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 (LI). New development that is zoned LI and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, SF3, MF1, MF2, MF3, NSC or GC 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 NC, UN, SFE, SF1, SF2, SF3, MF1, MF2, MF3, NSC or GC. 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 NC, UN, SFE, SF1, SF2, SF3, MF1, 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 adjacent to a property zoned NSC and GC shall meet all the requirements of the Property Development Standards table in Article Three, Division 1 of the ULDC, provide a

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minimum 300-foot building setback between any property zoned NSC or GC. Within the setback a 100-foot vegetative buffer and a 6 foot tall opaque screen shall be installed between any property zoned 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.

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 3, 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 NC, UN, SFE, SF1, SF2, MF1, MF2 or MF3 zoned properties.

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

Abandonment means a use or structure that is determined to be abandoned by the nonconformities section of this ULDC.

Abattoir means a building used for the slaughtering of animals and includes the processing and storage of animal products and waste that results from the slaughtering process.

Accessory dwelling unit means a secondary dwelling unit established in conjunction with a primary dwelling unit, clearly subordinate to that primary unit. Accessory dwelling units are commonly referred to as granny flats. Accessory dwelling units are not intended for sale or to be rented.

Accessory use means a use incidental and subordinate to the principal use, located on the same lot as the principal use and in the same zoning district.

Agriculture refers to land that is actively used in the production of food or fiber. Farming may include plowing, tillage, cropping, installing best management practices, seeding, cultivating, harvesting and storing food or fiber produced on site. Farming excludes commercial logging and timber harvesting. Storage, packaging and treatment of such food and fiber shall be an accessory use to the production of such food or fiber. This use does not include feedlots.

Animal hospital means a building in which animals and pets are given medical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and such boarding shall be incidental to the hospital use.

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Approved means as approved by the city of Baytown authority having jurisdiction.

Arterial street means a high volume, medium speed (up to 45 mph) medium capacity street usually shown on the major thoroughfare plan map

Assisted living facility means a facility regulated by V.T.C.A. Health and Safety Code, ch. 247 that provides room, board, and personal care services to its residents within a structure containing multiple living quarters for seven or more elderly or disabled persons who are unrelated to the owner of the establishment by blood or marriage. Assisted living facilities for six (6) or fewer disabled persons are considered and regulated as group homes for disabled persons.

Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building.

Automobile repair, major means repairs of a nature that usually cannot be done quickly and which will encompass more highly skilled work. Such repairs include removal of the engine head or pan, engine transmission or differential. Often this work is necessary because of a major component failure or an accident. These types of repairs cannot be done while the customer waits, and will often take more than one day to complete. Such repairs include, but are not limited to: • Accident repairs; • Automotive machine shops; • Framework and frame straightening; • Grinding valves, cleaning carbon or removing the head of engines or crankcases; • Major engine repair, replacement, rebuilding or reconditioning; • Paint and body work; • Radiator re-coring and rebuilding; • Replacement of body parts and fenders; • Sandblasting as an accessory use only; • Tire recapping; • Transmission and differential repair, replacement, or rebuilding; and • Welding.

Automobile repair, minor means repairs of a nature that can usually be done quickly with minimum noise, odor or other negative impacts. This includes preventative maintenance or replacement of easily accessible parts that routinely wear out. This does not include removal of the engine head or pan, engine transmission or differential. These types of repairs can be often done while the customer waits, and usually will not take more than one day to complete. Such repairs include but are not limited to: • Air conditioning maintenance and refrigerant replacement; • Audio installation and repairs; • Brake pads, shoes, rotors and drums replacement; • Chassis lubrication; • Electrical components repair and replacement; • Fuel injection systems and carburetor replacement; • Fuel pumps and fuel lines; • Ignition systems, sparkplugs, and batteries;

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• Motor oil, engine cooling and lubrication, brake fluid, transmission and other fluid replacement; • Mufflers, tailpipes, water hoses, fan belts, headlights and light bulbs, floor mats, seat covers, wipers and wiper blades, and replacement of grease retainers and wheel bearings; • Rustproofing; • Sale of gasoline; • Sandblasting as an accessory use only • Shock absorbers or other suspension systems replacement; • Tire replacement, repair and servicing, but no recapping; • Tuning engines, with the exception of grinding valves, cleaning carbon or removing the head of engines or crankcases; • Washing, polishing and detailing; • Wheel balancing and alignment; • Windshield, window replacement; and • Wiring repairs.

Barn means an accessory building used exclusively for the non-commercial storage of animal feed and/or the sheltering of livestock or farm equipment.

Bars and lounges means establishments that are devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

Berm means a mound or embankment of earth, man made, usually two to six feet in height.

Big box means a singular retail user occupying 35,000 square feet or more of gross floor area, requiring high parking-to-building ratios, and having a regional sales market. The singular retail user may include internal leased space for coffee shops, banking, photography, limited service food and other similar personal services.

Boardinghouse means a multifamily residential use providing room and board, common eating, and sanitary facilities for five (5) or more persons, but not exceeding 20 persons, with two or more rooms that are rented or intended to be rented, but which rooms, individually or collectively, do not constitute separate dwelling units.

Boat and boat parts and accessories sales means a retail facility for marine vehicles 16 feet or greater in size and the accessories thereto.

Boat and RV storage means a facility which is used for the temporary location of boats and recreational vehicle for a fee. This may include a boat slip or boat yard where the storage is covered or uncovered dock space or enclosed dry dock storage.

Brick means kiln fired clay or shale brick manufactured to ASTM C216 or C652, Grade SW. This includes concrete brick if the coloration is integral, shall not be painted, and it is manufactured to ASTM

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C1634. An applied brick veneer means a minimum thickness of two and one quarter inches that does not include underfired clay or shale brick.

Building envelope means the three dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks and maximum height.

Building, heating, plumbing, service contractors, or contractors in general means a business involving the administration and implementation of multidiscipline projects. Requires vehicle and equipment parking and the storage and warehousing of supplies and materials including outdoor storage.

Campground means an area on which campsites intended for occupancy overnight or longer by persons using a tent, recreational vehicle, motor home, or mobile trailer for dwelling, lodging or sleeping purposes and is held out as such to the public. Campground does not include any manufactured housing community.

Clinic means a facility used by licensed physicians, dentists, or other health care professionals for the purpose of providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis where overnight lodging is not routine, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors. Clinics include immediate care facilities where emergency treatment is the dominant form of care.

Code of ordinances means the city of Baytown’s code of ordinances as set forth at Section 1-1 of the Code, constituting the “code of ordinances.”

Collector street means a relatively low volume street providing circulation within and between neighborhoods. They collect traffic from local streets and distribute them to arterials and may be shown on the major thoroughfare plan map.

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property that: (1) has a gross combination weight rating of 26,001 or more pounds including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (2) has a gross vehicle weight rating of 26,001 or more pounds; or (3) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

Community building means a building to be used for entertainment, recreation, and management that is designed to serve the residential area (primarily townhouses and/or multifamily) in which it is located.

Community service means a use conducted by or a facility or structure owned or managed by the federal, state, county or city government or other government entity that provides a governmental function or service for public benefit, such as libraries, schools, post offices, police and fire stations, public utilizes but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.

Conditions means a set of standards with which a property owner must comply in order to obtain any land development permit.

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Container means a reusable transport and storage unit for moving products and raw materials between locations or countries, typically made of corrugated weathering steel with a fitted door at one that is designed to allow multiple units to be craned, fitted and locked for stacking purposes. While containers range in size depending on their cargo and method of transport, they are generally between 8 feet wide by 8 feet tall by 20 feet long and 9 feet wide by 11 feet tall to 53 feet long.

Country club means a building or a campus that provides facilities for the purpose of recreation, athletic, and social activities for paying members, their families and invited guests. The buildings and facilities are owned by a corporation operated as a non-profit.

Day care means a non-residential facility providing care for more than six children or six adults at one time and licensed by the state as a group day care center. Such a facility may also be known as a nursery school, day nursery, child care center, day care center for school aged children after school program, or a Head Start program center. It excludes public and private schools or any facility that offers care to individuals for any full 24 hour period.

Decorative concrete block means concrete block with a highly textured finish, such as split faced, indented, hammered, fluted, ribbed or similar architectural finish. The coloration shall be integral to the masonry material and shall not be painted on. Decorative concrete block includes light weight and featherweight concrete block or cinder block units and has a minimum thickness of three and five eighths inches when applied as a veneer.

Decorative precast concrete panels means products often associated with tilt-up wall construction but is only considered decorative precast concrete panels if post-constructed wall areas have a highly textured finish, integral color or are covered by defined masonry materials that can be laid up unit by unit set in mortar and meet the required percentage of coverage as defined in this ULDC.

Destroyed structure refers to a structure which, upon determination by an appraisal, requires repairs exceeding 50 percent or more of the appraised value of the structure.

Detention basin means an excavated area that is designed by a professional engineer to temporarily hold and slowly drain excess storm water in order to allow water levels in the receiving channel to recede. Detention basins, which are often called “dry ponds” or “detention ponds” are not the same as retention basins which are designed to hold water indefinitely.

Development review committee or DRC means that committee described in section 1-10 of this ULDC.

Director means the city’s director of planning and development services.

Disabled person refers to a person that has one of the following: 1) a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; 2) a record of having such an impairment; or 3) being regarded as having such an impairment. The term "disabled" shall not include current illegal use of or addiction to a controlled substance.

Dog run means an enclosed outdoor area intended for exercise and containment of a dog.

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Dormitory means a building that is owned and/or operated by an educational institution whose primary purpose is to provide living accommodations for individuals associated with the institution. The term “dormitory” shall not include for-profit facilities operated on or near a university campus that provide the same or similar services as a dormitory.

Dwelling Unit means a building or portion of a building, other than a mobile home, that is arranged, occupied or intended to be occupied as a residence and includes facilities for sleeping, cooking and sanitation. Dwelling units are further defined as follows:

(1) Detached single-family dwelling means the use of a lot for one dwelling unit that has no physical connection to another dwelling unit or building;

(2) Attached single-family dwelling means the use of a lot for one dwelling unit that is joined to another dwelling unit on an adjacent lot at one or more points by a party wall or abutting separate wall, including but not limited to row houses and townhomes; and

(3) Duplex dwelling means the use of a lot for two dwelling units within a single building.

Eating establishment, full service means an establishment maintained, operated and held out to the public to be a place where food and beverage are served to the public on demand from a menu during stated business hours. This may include incidental take out and delivery services limited to two or less delivery vehicles. Alcohol may be served if all applicable local, state and federal codes are met.

Eating establishment, limited service means a restaurant which includes three or more of the following characteristics: 1) 45 % or more of floor area is devoted to food preparation, employee work space and customer service; 2) a permanent menu board is provided; 3) customers self bus tables and empty trash; 4) seating is usually stationary and hard finished; and 5) most main course food is not made to order.

Entertainment, outdoor means any commercial recreational land use conducted primarily outdoors whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Uses may include, but are not limited to, water parks, golf courses, miniature golf courses, country clubs, athletic fields, and amusement parks.

Entertainment, interior means establishments that are primarily enclosed within a building including motion picture theaters, comedy clubs, art galleries and studios, concert or music halls, (not including adult entertainment of any kind) and which may include such activity centers as indoor miniature golf courses, athletic and health clubs, billiard halls, bowling alleys, arcades, skating and similar uses, and such accessory uses as restaurants and bars.

Equipment sales and rental facility means an establishment that is engaged in the sale or rental of tools, tractors, construction equipment, farm equipment, other similar industrial equipment. This includes the servicing of such equipment.

Equipment storage means the storage of any equipment outdoors. The term does not include equipment that is loaded on to a trailer. The term does not include new vehicles or new equipment that is

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advertised for sale as part of the primary use of the business, such as lawnmowers or playground equipment displayed outside of a retail goods establishment.

Extraterritorial jurisdiction means that land within 3½ miles of the corporate limits of the city or as otherwise established by state law.

Evergreen screen means an arrangement of evergreen shrubs and/or trees that creates a continuous opaque visual screening device at least 6’ in height as measured after the first full growing season.

Excavation means any act by which soil, earth, clay, sand, gravel, rock, loam, caliche, dirt, humus or any other similar matter is dug, cut into, quarried, uncovered, removed, displaced, relocated or bulldozed over five feet in depth in the earth.

Extended stay motel means a motel designed or intended to be used as lodging and which contains kitchen facilities (e.g., refrigerator, stove, oven, sink) for food preparation in each room. An extended stay motel shall not include dwelling units as defined in this ULDC and the International Residential Code.

Family home day care means a dwelling in which a resident of the dwelling provides day care of children, meeting all requirements of state law, the administrative code and this ULDC.

Family means a group of two or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than six persons not related by blood, marriage or adoption that are living together in a dwelling unit.

Fence means a barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials or other materials defined in chapter 18 of the code of ordinances erected to enclose, screen, separate or decorate areas.

Fire station means a structure for storage of firefighting apparatus (i.e., fire engines and related vehicles), personal protective equipment, fire hose, fire extinguishers, and other fire extinguishing equipment. It may have dormitory living facilities and work areas such as meeting rooms, workshop, or laundry. Living areas are sometimes arranged above the garage bays.

Footprint, building means the horizontal area as seen in plan view and measured from the outside of all exterior walls and supporting columns. It includes residences, garages, covered carports and accessory structures for which a permit has been obtained. It does not include patios, porches, trellises and decks that are 30 inches or less above the ground.

Garage sale means a sale as defined in section 82-201 of the code of ordinances.

Gas station minimart means a facility of less than 4,000 square feet of floor area 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.

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Gas station minimart with limited food preparation means a facility associated with the sale of retail gasoline products that also offers for sale prepackaged food and tangible consumer goods for self service by the customer and limited food preparation.

Gas station means a site used for the retail sale of automobile fuels, oils, travel aids, and accessories, where minor automobile repair or service, if any, is incidental. The gas station may include the sale of propane or kerosene as accessory uses.

Gas well means a well producing natural gas, including all of its constituent elements including gasoline, distillates, butanes, propane, and other hydrocarbons, and which produces less than one barrel of oil to each 100,000 cubic feet of gas.

Gazebo means a residential accessory structure that is a covered, free-standing structure used for outdoor gathering.

General retail means the sale of goods and/or services directly to the consumer where such goods are available for immediate purchase.

Glazing means a transparent part of a wall or door made of glass.

Golf course means land designed and built for the purpose of playing golf and may include a club house and a golf cart barn. The term does not include putt-golf, miniature golf, or driving ranges.

Gravel pit means an open land area where sand, gravel, dirt, and rock fragments are mined or excavated for sale or for off-site use.

Grocery or drug store means an establishment that uses the premises to sell to the ultimate end user, food or drugs, including food and drugs which are manufactured on the premises as an integral part of the retail operation, and includes any such premises which may be described as a warehouse store, discount warehouse, or factory outlet, or a warehouse or wholesale club whose membership is open to other than institutions, government agencies and business.

Group home for substitute care means a facility regulated by the state that provides for the placement of six (6) or more children who are in the conservatorship of the state department of protective and regulatory services, the state department of family and protective services or another state-authorized agency in care outside the children's homes. The term includes group foster care homes, institutional care, adoption centers, or commitment to the state Texas youth commission. Nothing in this ULDC shall be interpreted to restrict the right of a private homeowner to act as a placement option for a relative or to provide state regulated foster care for less than five (5) or fewer children that are in the conservatorship of the state.

Group home for the disabled means a dwelling shared by no more than two (2) resident staff and six (6) disabled persons who are unrelated to the owner of the dwelling by blood or marriage, who live together as a single housekeeping unit in a long-term, family-like environment, in which staff persons provide care services, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible. The term "group home for the disabled"

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shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration.

Guest housing means attached or detached building that provides living quarters for guests and contains no kitchen or cooking facility. It is a building that is clearly subordinate and incidental to the primary residence on the same lot.

Guest parking means a parking area used exclusively by the guest of residents of the townhouse or multifamily development in which it is located.

Halfway house means a state licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the state department of corrections.

Heavy industrial means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, including, but not limited to uses that have potentially significant external effects due to the involvement of hazardous materials or commonly recognized offensive conditions such as the use of explosives, radioactive materials, poisons, pesticides, or herbicides.

Homeless shelter means a building providing temporary shelter to indigent, homeless people.

Home occupation means work that is carried out in a dwelling by the resident thereof and is an incidental use to the primary use of the dwelling.

Hospital means an institution that is licensed by a state agency to provide primary health services and medical or surgical care to persons, primarily in-patients, suffering from a variety of abnormal physical or mental conditions where overnight care is available. A hospital may include various medical support and accessory uses such as: laboratories; outpatient facilities; training facilities; short-term, on-site medical waste storage (not disposal); short-term warehousing and storage of medical-related equipment and supplies; garages; and other facilities commonly associated with medical institutions.

Hotel and motel means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests and is not a rooming house or boarding house.

Industrialized housing means a residential structure that is: 1) designed for the occupancy of one or more families; 2) constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and 3) designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

Junk shall have the meaning ascribed to it in section 82-131 of the code of ordinances.

Junk dealer shall have the meaning ascribed to it in section 82-131 of the code of ordinances.

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Junk or salvage yard: shall have the meaning ascribed to “junk yard” in section 82-161 of the code of ordinances.

Kennel means any lot, enclosure, premises, structure or building or outside feature where four or more dogs over the age of six months are kept or maintained for the purpose of boarding or breeding.

Kitchen means a room intended and designed to be used for food preparation and meeting the requirements of the international building code for the use for which it is intended (e.g., residential or non-residential).

Landfill, sanitary means a site for the burial of non-hazardous and non-medical farm, residential, institutional, commercial, municipal and industrial waste.

Laundry building means a facility where residents of a multifamily dwelling development may wash and dry their personal laundry.

Light industry means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, incidental storage, sales and distribution of such products and excluding heavy industry. Light industry is capably of operating in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, particulates, light, vibration, odor and the like and does not pose significant risks from explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing, packaging, fabricating, assembling, or distributing processes.

Live outdoor exhibitions means any live performance outdoors and includes such activities as exhibitions, carnivals, circuses in which humans, animals or machines perform. Such term means and includes those events that are regulated pursuant to chapter 42, article V of the code of ordinances.

Livestock means any grazing animal, including but not limited to cattle, horses, mules, asses, burros, sheep and goats.

Loading dock means a recessed bay (in a well) in a building or facility or on a raised slab where trucks are loaded and unloaded. They are commonly found on commercial and industrial buildings and warehouses in particular. The mere existence of an overhead door does not make a location a loading dock. Loading docks may be exterior, flush with the building envelope, or fully enclosed. They are part of a facility's service or utility infrastructure.

Lot means a parcel of land recorded in the public records of the county, or a parcel described by metes and bounds, the description of which has been so recorded. This definition does not address the requirements of the subdivision regulations.

Lot coverage means that portion of the lot that is covered by buildings, structures, or any other manmade improvement on the ground surface which are more impervious than the natural surface, such as paving, driveways, etc. Detention basins lined with asphalt, concrete, rock or any other like materials are considered impervious surfaces for the purpose of calculating lot coverage.

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Lumber and other building materials, retail means an establishment where lumber and other building materials such as brick, tile, cement, insulation, roofing materials, and the like are sold at retail. The sale of items such as heating and plumbing supplies, electrical supplies, paint, glass, and hardware is permitted since it is customarily incidental to the sale of lumber and other building materials.

Management office, on site for multifamily and single-family dwellings means a room or suite of rooms set aside for the use of persons who run the business of leasing or renting dwellings, running the homeowners association, or maintaining the grounds or buildings. Does not include the outside storage of lawnmowers and other equipment or materials for maintenance.

Manufactured home means a single-family detached dwelling that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Sec 5401), also known as the “HUD Code.”

Major thoroughfare means a designation of collector, minor arterial or principal arterial that may be set forth on the city’s major thoroughfare plan.

Masonry materials means and includes that form of construction defined below and composed of clay brick, natural stone, decorative concrete block, stucco, glass block, tilt-wall, rock or other materials of equal characteristics laid up unit by unit set in mortar. The following materials shall not qualify nor be defined as “masonry materials” in meeting the minimum requirements for exterior construction of buildings, unless specifically approved by variance: exterior plasteror mortar wash surface material; exterior insulation and finish systems (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material; cementitious fiber board siding (such as “Hardy Plank” or “Hardy Board”).

Medical equipment storage and/or research facilities means a facility whose primary function is the warehousing and storage of medical equipment or the conducting of medical-related research activities totally within an enclosed building.

Medical services establishment means a facility such as a clinic, hospital, laboratory, or medical waste storage and disposal, storage of medical equipment and research facilities.

Medical waste storage and disposal center means a facility whose primary function is to store and/or repackage medical waste for transportation to a processing facility.

Multifamily complex means any residential dwelling complex consisting of four or more units to include, but not be limited to common accessory structures such as garages, laundry buildings, and guest parking.

Neighborhood means: 1) A quarter (¼) mile (approximately 1,300 feet) radius around the nonconforming condition; 2) in commercial areas, the area along a transportation corridor that is between the two closed signalized major thoroughfare intersections in opposite directions from the nonconforming condition and that has a depth at least back to the local streets paralleling the major thoroughfares; or 3) If in a residential subdivision, the residential subdivision of at least ten lots may also meet these criteria.

Nonconforming structure means a structure in existence prior to the adoption of this ULDC that fails to meet one or more of the zoning standards in this code applicable to such structure.

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Nonconforming use means a land use in existence prior the date of adoption of this ULDC that fails to meet one or more of the zoning standards in this code applicable to such use.

Nursing home means an institution licensed by the State that provides meals, resident care and services for persons who are generally admitted for periods of time exceeding thirty (30) days. Such service includes custodial or attendant care, but may or may not provide for routine and regular medical and nursing services. The term nursing home includes care homes, homes for the aged, convalescent homes, rest homes, and other related institutions not otherwise defined in this section, where such persons are mostly incapable of self-preservation due to age, physical or mental disability, or because of security measures not under the occupants’ control. The term “nursing home” excludes facilities that provide surgical or emergency medical services or that provide care for alcoholism, mental disease, drug addiction or communicable disease.

Office means administrative, executive, professional, research or similar facilities that have limited customers. An office may be a room, a suite of rooms, or a portion of a building.

Oil well shall have the meaning ascribed to it in section 62-26 of the code of ordinances.

Opaque screening means a method of visually shielding or obscuring one abutting or nearby land use from another nearby or abutting land use. The opaque screen shall be made of any combination of the following: a minimum 6 foot high berm, fence, wall or evergreen screening shrubs 6 foot high at the at the time of installation or to be 6 feet high at the end of the first growing season with no visible breaks between shrubs or any combination of the four.

Open space means land use for recreation, resource protection, and/or buffers; usually privately owned and maintained.

Outdoor storage means the stockpiling, collection, or display of any products, materials, equipment, appliances, vehicles not in service and/or personal property of any kind on open land, or in a structure that includes a roof but has no side walls, or screening or walls without a roof. This does not include in- service vehicles that are on display in association with a vehicle sales, rental or leasing facility.

Overnight accommodations means temporary living quarters provided for public convenience including hotels and motels.

Package store (alcohol) means an establishment which may sell liquor in unbroken original containers on or from the licensed premises at retail to consumers for off-premises consumption only and not for the purpose of resale, except that if the permitee is a hotel, the permitee may deliver unbroken packages of liquor to bona fide guests of the hotel in their rooms for consumption in their rooms. Reference V.T.C.A., Alcohol Code, §11.29.

Packaging, means the placement of products into bulk containers or placing hazardous products in to containers of any kind for the purpose of transport to another location. Packaging does not include the placement of non-hazardous products into individual containers for shipment that are picked up on-site by the USPS, FedEx or similar carrier routinely allowed in residential areas.

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Park means public land set aside for recreation, culture or passive recreation uses for residents and workers and may include neighborhood parks, community parks and regional parks, trails and sports fields.

Parking, commercial means a parcel of land or a structure used for the temporary parking of vehicles for a fee which may be charged regardless of any other fee for the premises. Structure: a facility with one or more floors used for the temporary storage of vehicles. Delivery of items is not considered commercial parking.

Personal care home means a residential facility where room and board and personal care services are provided within a dwelling unit to not more than six (6) elderly persons, regardless of the relationship to the owner.

Personal care services means assistance with feeding, dressing, moving, bathing, or other personal needs or maintenance or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living environment or who needs assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person. Personal care services also include the administration of medication by a person licensed to administer medication, as defined by the V.T.C.A., Health and Safety Code, §247.002.

Personal service means an establishment engaged in the sale of frequent or recurring services on site such as hairdressing, barbershops, associated trade schools, and shoe repair. This does not include such services as real estate, attorney, accountant and the like which are categorized in office.

Personal storage building means a structure used for solely for the storage of inanimate objects that is not connected to a dwelling or other building and does not have water or sewer service.

Personal pleasure boat means a vehicle designed for operation in water by oars, sails or internal combustion engine for personal use.

Pet kennel means the temporary keeping of pets.

Pets means those animals and fowl normally domesticated in the United States, typically obtained at pet shops, and kept in or around the home for pleasure rather than utility, e.g., dogs, cats, canaries, mynahs, parrots, parakeets, fish, rabbits and rodents and excluding animals defined by state or federal regulations as wildlife, as set forth in state law and in chapter 14 of the code of ordinances.

Pet store means a retail store whose primary purpose is to sell products and services that support pets. The sale of pets, grooming and housing for pets shall be an accessory and incidental use in the pet store. Animal housed overnight shall be housed inside the pet store.

Place of assembly means a building or portions of a building in which facilities are provided for civic, educational, religious, deliberation or social purposes for regular or occasional use. Such facilities include theaters, lecture halls, places of worship, lodges, exhibit rooms, banquet facilities and other uses which meet the requirements for “places of assembly” or A1 through A5 occupancy under the International Building Code.

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Planning and zoning commission means the body appointed by the city council to exercise the powers and duties set forth at section 2-326 of the code of ordinances.

Police station means a building that accommodates police officers and members of staff. The building often contains offices and accommodations for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.

Private open space means usable open space directly associated with a dwelling unit or part of a common area of a development and having clearly delineated boundaries.

Private recreation space means privately owned, maintained and operated outdoor space for the refreshment and relaxation of mind and body through active or passive use.

Property line means the line bounding a parcel, lot or tract.

Public services means a service or a facility provided by a local, state, regional or federal agency that provides a service, function or activity for direct public benefit. This term does not include prisons.

Qualified applicant means the party that meets all the requirements under this ULDC in order to make application under this ULDC.

Radial lot means any lot located along a curved road or at the end of cul de sac, and where the distance along the road frontage is less than the amount required per the ULDC for that district. The minimum lot width must be met at the front building line. Side property lines should be radial to the curve of the road or cul de sac.

Recreational vehicle means a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation, and vacation use, which does not exceed eight feet in width and 40 feet in length, exclusive of tongue. The term recreational vehicle shall also include all portable structures which may be moved under their own power, towed, or transported by another vehicle, and for purposes of this chapter, shall also include other types of vehicles such as, but not limited to, trucks, vans and buses that have been converted to temporary dwellings for travel, recreation, and vacation use, regardless of size.

Recreational vehicle park means a lot used for the accommodation of recreational vehicles for vacation or short term transient lodging and which contains three or more of the following: on-site laundry, restaurant, recreation facilities such as swimming pools, fishing ponds, bicycle paths, a recreation hall or club house, or other similar features and does not contain facilities for the sale or repair of recreational or other mobile vehicles of any kind or for the sale of parts or accessories for such vehicles.

Recycling collection center means a facility at which fabricated paper, glass, metal and plastics are collected and bundled prior to shipment to end user.

Regional commercial means a large commercial development that offers services and products at a scale and function to serve a regional market. Regional market pertains to a broad geographic area rather than a single jurisdiction.

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Repair business means an establishment that primarily provides services to individuals and households, rather than to businesses and excluding automotive repair, large equipment repair or activities involving hazardous materials. Typical uses include appliance, shoe, watch or jewelry, computer and musical instrument repair, and the like.

Replacement oil or gas well means an oil or gas well drilled so the well and its housing and other appurtenances are in the same place on the site plan and so located on the property as the well it is meant to replace. “To replace” means that a well has been operating until the time that the work to replace it is commenced. Work to install a new well where an inoperative well exists is not replacement.

Residential proximity slope line means a line that describes a relationship between non-residential setbacks where the non-residential building exceeds the height of the adjacent residential building from which the non-commercial building is required to setback.

Resource extraction means the extraction of minerals including solids (gravel, dirt) or non-solids (gas and oil). Extraction as defined herein also includes the operation, milling, crushing, washing or other preparation customarily performed at the extraction site

Retail means the activity of offering to sell or rent, or to sell or rent merchandise to a consumer who buys or rents the merchandise as the ultimate consumer or end user, being the last person in the chain of distribution, for personal consumption or use and not for further sale or rent. The use of premises for sales to end user consumers or renting of merchandise to end user consumers including any such premises which may be described as a warehouse store, discount warehouse, or factory outlet, or a warehouse club or wholesale club whose membership is open to other than institutions, government agencies and licensed businesses.

Retention basin means an excavated area that is designed by a professional engineer to capture and store storm water on a permanent or semi-permanent basis, often indefinitely with the exception of the water volume lost to evaporation or absorption into the soils. Retention basins, which are often called “wet ponds” or “retention ponds”, are not the same as detention basins which are designed to hold water temporarily and release their volume completely after or during the peak of the storm event.

Roof pitch means a roof having a slope or pitch determined by rise over run in direction of the slope or pitch of the roof, 1:4 slope for example.

School means an institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, art schools and other similar schools.

Screening means an opaque separation between proprieties made of any combination of the following: six foot high berm, wall or fence, or evergreen shrubs. Evergreen shrubs shall be six foot high at the time of installation or shall be six foot high at the end of the first growing season after they are installed with no visible break between the shrubs or any combination of the four.

Self storage enclosed means an enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for long term storage of their household goods, small business records, or personal property. The term does not include outdoor storage.

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Setback means the unobstructed, unoccupied open space between a structure and the property line of the lot on which the structure is located. Setbacks are unobstructed open space from the ground to the sky and measured as the horizontal distance between a property line and the furthermost projection of the structure, except in cases in which this ordinance specifically allows parking.

Small vet or home kennel means an enclosed premise or building where three or less dogs are housed for medical treatment or for personal use as family pets.

Solar energy facility means a device or combination of devices that use direct sunlight as a source of energy for the non-commercial direct use of the structure on the same lot with the system. Examples include photovoltaic systems, a solar hot water heater, solar panels, or a south-facing window.

Spire means a structure or formation, such as a steeple, that tapers to a point at the top.

Sports court means a space, indoor or outdoor, design used and maintained for basketball, racquetball, shuffleboard or other similar sports that use a court.

Stable means a building in which horses are sheltered and maintained as an accessory use to a principal residential use on the same lot.

Storage building means a building used for materials, equipment and vehicles that are “in transit” or not in use.

Stone means naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all weather stone that is customarily used in exterior building construction. This includes cast or manufactured stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance free. Natural or manmade stone shall have a minimum thickness of two and five eighths inches when applied as a veneer.

Stucco means conventional three-step hard coat stucco with a minimum thickness of 7/8-inch.

Studio means a workshop, work place or work room for a person doing crafts, photography, woodworking, painting textiles for personal pleasure or production on a very small scale.

Supply house means an establishment at which wholesale customers or persons directly representing industry may purchase industrial supplies at wholesale or where such items are repaired or serviced. These establishments do not have retail customers.

Tire sales means a lot on which the principal business is the sale or installation of new, used or retread tires and tubes.

Towing service means the removing of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a licensed impound lot. Does not include “automotive service” in which a tow truck is used and vehicles are repaired on site.

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Towing yard shall have the meaning ascribed to it in section 102-167 of the code of ordinances.

Transitional housing means shelter provided to the homeless for an extended period, often as long as 18 months and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.

Truck stop means a facility for parking, refueling, washing and/or minor repair of commercial vehicles and may include retail sales of food and/or other items, restaurant(s), restroom/shower facilities, and/or temporary sleeping quarters.

Truck terminal means an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment. Includes rail to truck, truck to truck and dock to truck.

ULDC means this Unified Land Development Code.

Vegetative buffer shall have the meaning ascribed to it in article XIV, chapter 18 of the code of ordinances.

Vehicle sales, rental or leasing facility, personal means a facility that engages in the sale, storage or rental of new and used personal vehicles, paint and body repair shops and automotive repair garages, including the sales and servicing of any automotive component. Does not include storage of junk or wrecked motor vehicles and does not include industrial vehicles. Antique vehicles and farm equipment are not included in this definition. Temporary storage of vehicles awaiting repair shall be permitted in non HI zones, pursuant to the requirements of the conditions table in this ULDC. A minimum of 75 percent of the motor vehicles shall be operable and readily accessible to the public for inspection and operation.

Vehicle storage means a room, structure or parking lot that is used to house or store vehicles. It includes structures, buildings, and rooms generally called garages, boathouses, and airplane hangars. It also does not include structures that house or store farm vehicles and implements or antique vehicles as defined in chapter 34 of the code of ordinances. A vehicle that properly displays the required and timely registration and inspection stickers is not considered stored.

Vehicle, commercial means a motor vehicle, other than a motorcycle, designed or used for:

1. The transportation of property;

2. Delivery purposes;

3. A commercial motor vehicle includes a truck tractor defined as a commercial motor vehicle with a manufacturer's rated carrying capacity of more than one ton that is used or is to be used in combination with a semi-trailer that has a gross weight of more than 6,000 pounds or a vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle or a trailer means a vehicle that:

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a. is designed or used to carry a load wholly on its own structure; and

b. is drawn or designed to be drawn by a motor vehicle.

4. A "Truck-tractor" which is defined as a motor vehicle:

a. designed and used primarily for drawing another vehicle; and

b. not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn.

Wall means a constructed solid barrier of concrete, stone, brick, tile, masonry, wood or similar material that encloses, borders or decorates an area.

Warehouse and freight movement means a use engaged in storing, wholesale, and distribution of manufactured products or equipment and also characterized by heavy trucking activity, including 18 wheelers, open storage and characterized by such nuisances as dust, noise and odors but not actually engaged in any manufacturing process.

Well means a hole or bore to any sand, formation, strata, or depth which is drilled, bored, sunk, dug or put down for the purpose of either exploring or for ascertaining the existence of any oil, gas, or liquid hydrocarbon for the purposes of producing or recovering and oil, gas or liquid hydrocarbon.

Wholesale and warehouse activities within an enclosed structure means those retail activities typically conducted at facilities such as a “wholesale club,” “warehouse store,” “discount warehouse,” “factory outlet,” and other similar retail establishments that sell directly to the public.

Wholesale trade means to offer to sell or rent, or to sell or rent, merchandise other than at retail. Establishments engaged in selling merchandise to other wholesalers or to retailers, generally without transformation, and rendering services incidental to the sale of merchandise and normally operate from a warehouse or showroom/office. Wholesalers are organized to sell or arrange the purchase or sale of goods for resale (i.e., goods sold to other wholesalers or retailers), capital or durable non-consumer goods, or raw and intermediate materials and supplies used in production. The intent is to permit the warehousing of products, and to permit the packaging, sale to other wholesalers or to retailers, assembly or treatment of products within an enclosed structure.

Wild animal means a wild animal as defined in section 14-1 of the code of ordinances.

Wine and beer retailer means an establishment licensed by the state to sell ale, wine, and vinous liquors to consumers at retail on or from the licensed premises in unbroken original containers of not less than six ounces for off-premises consumption only and not for the purpose of resale.

Working days or business days mean week days that are not holidays celebrated by the city.

Yard, front: the open space between a building and the front setback line.

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80 Exhibit “A”

Article One. General

This document is entitled the “Unified Land Development Code,” which governs all development, and may be referenced as the “ULDC.”

Division 1. Jurisdiction and Authority

Sec. 1.1 Purpose and intent. This ULDC is adopted for the purpose of promoting the public health, safety and general welfare by promoting safe, orderly and economically sustainable development. The provisions herein are intended to further the goals and objectives of the city’s comprehensive plan.

Sec. 1.2 Authority within city limits. The provisions of this ULDC shall apply to all land within the city limits, unless otherwise specifically stated herein.

Sec. 1.3 Applicability of procedures. Table 1-1 shows the review procedures, applications and permits that apply in the city and its extraterritorial jurisdiction.

Table 1-1. Applicability of procedures. Extraterritorial City Limits Jurisdiction Administrative Appeal (Zoning) X X Comprehensive Plan Text Amendment X X Future Land Use or Thoroughfare Plan Amendment X X Interpretation of Text X X Special Exception X Special Use Permit X ULDC Text Amendment X X* Zoning Decision Appeal X Zoning Map Amendment (Rezoning) X Zoning Variance X

*does not apply to zoning text amendments where application would be in the ETJ

Sec. 1.4 Inconsistent provisions and conflicts. When provisions of this ULDC are inconsistent with one another or when the regulations of this ULDC conflict with other adopted ordinances or regulations of the city, the more restrictive provisions shall control, unless otherwise specifically stated. If the written text of this ULDC are inconsistent with graphic or tabular information, the written text shall control.

Sec. 1.5 Violations. (a) Compliance required. No person may use, occupy or develop land, buildings or other structures or authorize or permit the use occupancy or development of land or buildings or other structures except in accordance with all sections of this ULDC.

(b) Criminal remedies. Any person who violates any section of this ULC shall be guilty, upon conviction, of a separate offense for each day or portion of a day during which the violation continues, which shall be punishable as provided in section 1-14 of the code of ordinances.

(c) Withholding permits. The city may deny or withhold all permits, approvals or other forms of authorization on any land or structure for which there is an uncorrected violation of a section of this ULDC or of a condition of a permit, certificate, approval or other authorization previously granted by the city council, zoning commission or board of adjustment. In lieu of withholding or denying an authorization, the city may grant such authorization subject to the condition that the violation be corrected.

(d) Stopping work. With or without revoking permits, the city may stop work on any building or structure on any land on which there is an uncorrected violation of a section of this ULDC or of a permit or other form of authorization issued under this chapter, in accordance with its power to stop work under its building codes.

(e) Other remedies. The city shall have such other remedies as are and as may be from time to time provided by state law for the violation of the regulations contained in this ULDC.

(f) Remedies cumulative. The remedies and enforcement powers set out in this section shall not be considered exclusive remedies, but rather they shall be cumulative with all other remedies provided in this ULDC, in any other ordinance or by law.

(g) Transition. The sections in this ULDC, so far as they are the same as those of the code of ordinances, City of Baytown, Texas, and of ordinances existing at the time of adoption of this ULDC, shall be considered as a continuation thereof and not new enactments. Any violation of the previous land development regulations of the city shall continue to be a violation under this ULDC and shall be subject to penalties and enforcement under the code of ordinances. Enforcement action concerning violations of the code of ordinances shall cease if the use, development, construction or other activity is consistent with the express terms of this ULDC, except to the extent of collecting penalties for convictions that occurred before the effective date of this ULDC.

Division 2. Review and Decision-Making Bodies

Sec. 1.6 Purpose. The purpose of this division is to identify the bodies, their review roles and responsibilities and their decision-making roles and responsibilities.

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Sec. 1.7 Review and decision-making bodies. The decision-making bodies and officials of the city are described in chapter 2 of the code of ordinances and, without limitation upon the authority each possesses by law, have responsibility for implementing this ULDC in the manner described in this division.

Sec. 1.8 Summary of review authority. Table 1-2 summarizes the review and decision-making authority of each review body for the city concerning the provisions of this ULDC.

Sec. 1.9 Boards and commissions. (a) The planning and zoning commission has the powers and duties set forth in sections 2-316 to 2-355 of the code of ordinances.

(b) The board of adjustment has the powers and duties set forth at sections 2-541 to 2-547 of the code of ordinances.

Sec. 1.10 Development review committee. The city manager shall establish a development review committee and may appoint departments whose representatives serve on the committee. The committee shall have the powers and duties set forth in this ULDC.

Division 3. Administration and Procedures

Sec. 1.11 Purpose. The purpose of this division is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for applications and actions that affect the development and use of property subject to the jurisdiction of this ULDC.

Sec. 1.12 Simultaneous submission of related applications. Submission of a variety of applications related to the same development usually proceeds in the following sequence:

1. Comprehensive plan amendments, 2. Zoning map amendments, 3. Special use permit, 4. Preliminary plat, 5. Engineering report for public improvements, 6. Final plat, 7. Special exceptions, 8. Variances, 9. Site plan review, 10. Building permits, 11. Floodplain permits, 12. Storm water permits, 13. Watershed protection permits, and 14. Inspections. 3

Sec. 1.13 Pre-application conference. A pre-application conference may be held between a potential applicant under this ULDC and the DRC. Pre-application conferences for several land development review processes may be combined when an applicant will be making several applications for the same project and when the processing schedule allows for simultaneous submittals. Completion of a pre-application conference does not imply or assume subsequent approval of anything discussed. A pre-application conference does not constitute a development permit application and it should not be construed as a permit or the first permit in any series of permits. A pre-application conference does not provide any vesting to the applicant. Prior to owner making application, a pre-application conference is required for the following, unless the application is made by a city official in his official capacity:

(1) Future land use plan amendment or major thoroughfare plan amendment;

(2) Zoning map amendment (rezoning) or text amendment; or

(3) Land development application for parcels of land totaling 25 acres of more.

Table 1-2. Summary of review authority.

Procedure Planning Director Board of Adjustment Planning and Zoning Commission City Council Administrative Appeal (Zoning) DM Comprehensive Plan Text Amendment R R DM Future Land Use or Thoroughfare Plan Amendment R R DM Interpretation of Text DM Special Exception DM Special Use Permit R R DM ULDC Text Amendment R R DM Zoning Map Amendment (Rezoning) R R DM Zoning Variance R/DM* DM R = Reviewer and Recommender DM = Decision Maker *Reference regulations of this ULDC that define when the director is the decision maker.

Sec. 1.14 Forms. These requirements apply to all applications identified in this ULDC. Applications required by this ULDC shall be submitted in a form and with attachments in such numbers as required by the director. The forms and application directions shall be contained in the development manual of the city. The director may waive any submittal requirements deemed irrelevant in a given application. Application submittal

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requirements, check lists, and instructions shall be shown in the development manual of this ULDC.

Sec. 1.15 Fees. The city shall charge an application fee to cover the cost of processing, reviewing, noticing, recording, inspecting and other actions for land development applications. Application fees shall be established by ordinance from time to time by the city council. The city may also, from time to time, utilize consultants to perform such activities and may assess the cost of such work to the applicants. Such costs for consultants shall be paid prior to any permit issuance. Fees are set forth in chapter 2 of the code of ordinances. Application fees are not refundable.

Sec. 1.16 Application deadline. All applications shall be completed and submitted to the director in accordance with the schedule published on the city’s website and in the development manual. This schedule may be updated from time to time during the year with the amendments being published on the web and in the development manual. An application shall not be considered as officially submitted, accepted or filed until it has been determined to be complete in accordance with section 1.17.

Sec. 1.17 Application completeness. A determination of application completeness shall be made by the director no more than ten business days after submittal of the application. If the application is determined to be incomplete, the director shall notify the applicant in writing within five days of completing the completeness review. The city shall exercise the authority granted under V.T.C.A., Local Government Code ch. 245 to perform such reviews within the ten-day window and to allow the applicant 45 days in which to respond. If the response time exceeds the 45-day period, then the application expires, and to proceed, the applicant shall begin the process again with a new application. The completeness review set forth herein applies to all applications identified in table 1-1 of this ULDC. Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. The development manual shall contain a checklist for all application types. Completeness reviews shall rely on the ULDC provisions as well as the checklists and V.T.C.A Local Government Code, ch. 245.

If the director determines that any development application is not consistent with the city’s zoning map, the application shall be determined to be denied, and shall not be accepted by the city. Further processing may occur only when the application is accompanied by an additional application (e.g., an amendment to the comprehensive plan, ULDC text amendment or other amendment) that, if adopted, would make the application consistent with the plan.

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Sec. 1.18 Qualified applicants. (a) Applications made by a property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s).

(b) Application on behalf of the city may be made by the mayor, the city council, a member of the city council or the city manager.

Sec. 1.19 Action following decision. Written notice of final decisions to approve or approve with conditions, or disapprove or deny shall be provided to the applicant within five working days of each decision.

Sec. 1.20 Reapplication limits. If any development permit or text amendment is disapproved by the city council, another application or petition for the same permit, approval, or amendment for the same property or any portion thereof may be filed after a period of 90 days has elapsed from the date of disapproval or denial. For zoning map amendments, 12 months from the date of final disapproval, except with permission of the planning and zoning commission or city council, must elapse before reapplication. In order to be considered for such a waiver, the applicant shall demonstrate that at the time the applicant requests a waiver:

(a) There is a substantial change in circumstances relevant to facts considered during review of the application that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed in the application;

(b) New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed; or

(c) A new application is proposed to be submitted that is materially different (e.g., proposes new use categories, or a substantial decrease in proposed densities and intensities) from the prior application.

Sec. 1.21 Public hearing and notice requirements. Unless otherwise specified in the procedures of this article, public hearings and notices shall be governed by the provisions of this article. Required notice shall be provided for applications shown in table 1-3. Public notice of hearings held pursuant to this ULDC shall be given as follows:

(a) Publication for zoning cases. Whenever this ULDC requires a public hearing for a special use permit, ULDC text amendment related to zoning, zoning variance or special exception or zoning map amendment before the planning and zoning commission or the board of adjustment, notice of a public hearing on the application shall be published in a newspaper of general circulation in the city at least 11 days before the public hearing. Whenever this ULDC requires a public

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hearing before the city council, notice of a public hearing on the zoning application shall be published in a newspaper of general circulation in the city at least 16 days before the public hearing.

(b) Mailing. Notice of required public hearings for items listed in subsection (a) of this section shall also be sent by mail to owners of land within 300 feet of the lot lines of the land that is the subject of the application. Such notice shall be postmarked at least 11 days before the public hearing held by the zoning commission or board of adjustment. If a hearing before the city council is required on a zoning application, such notice shall be mailed and postmarked at least 16 days before the city council public hearing. Owners of land shall be identified by reference to the most recent tax records, except that when land is owned by a condominium association, notice shall be given to the condominium association. Notice shall be deemed mailed by virtue of its deposit with the United States Postal Service, properly addressed with postage prepaid. This subsection does not apply to text amendments to this ULDC.

(c) Posting of signs. Notice of required public hearings shall also be provided by way of a sign posted on the land that is the subject of the application. One sign shall be posted for each 200 feet of frontage along a public street, with a maximum of four signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street with an attached notation indicating the location of the land subject to the application.

(d) Website. Notice of the public hearings will be published and remain on the city’s website through the day of the public hearing in accordance with the same publication deadlines as expressed in subsections (a) and (b) of this section. The validity of a posted notice of a public hearing required by this subsection is not affected by a failure to comply with a requirement of this subsection that is due to a technical problem beyond the reasonable control of the city.

Sec. 1.22 Contents of notice. (a) Publication and mailed notice. Notices that are published and mailed pursuant to subsections 1.21 (a), (c), and (e) shall provide at least the following information:

(1) The general location of the land that is the subject of the application;

(2) Its legal description or street address;

(3) The substance of the application;

(4) The time, date and location of the public hearing;

(5) The time, date and place where the application may be inspected by the public; and

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(6) A statement that interested parties may appear at the public hearing and be heard with respect to the application.

(b) Signs. Signs required pursuant to subsection 1.21 (d) shall at least indicate the following:

(1) The substance of the application;

(2) The time, date and location of the public hearing; and

(3) The contact point for additional information.

Table 1-3. Summary of notice requirements. Procedure Published Mailed Website Signs Administrative Appeal (Zoning) X X X Special Exception X X X X Special Use Permit X X X X ULDC Zoning Text Amendment X X X Zoning Map Amendment (Rezoning) X X X X Zoning Variance X X X X X = Notice Required

Sec. 1.23 Required public hearing. Table 1-4 identifies the types of applications requiring a public hearing and the review body responsible for conducting the hearing.

Table 1-4. Required public hearings. Planning & Board of Zoning City Application Adjustment Commission Council Administrative Appeal (Zoning) X Comprehensive Plan Amendment X X Future Land Use or Thoroughfare X X Plan Amendment Special Exception X Special Use Permit X X ULDC Text Amendment X X Zoning Map Amendment (Rezoning) X X Zoning Variance X

X = Public Hearing Required

Sec. 1.24 Conduct of public hearings. Public hearings shall be conducted in accordance with state law, the provisions of this ULDC, and any applicable rules of procedure adopted by the reviewing body. Where deemed appropriate by the affected decision-making body, modifications of an application request may be referred by the decision-making body back to the

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recommending body for review, prior to further consideration. In such cases, the decision-making body shall close the hearing and republish notice of any future hearing in accordance with section 1.21 of this ULDC. The review body shall hold a public hearing as required by the appropriate procedure.

Sec. 1.25 Vote required for action. After the close of the public hearing held pursuant to section 1.24 of this ULDC, the city council shall vote to approve, approve with modifications or disapprove the proposed amendment based upon the criteria in this ULDC. Action to amend the text of this chapter or the official map shall require an affirmative vote of at least six members (three-fourths) of the city council.

Sec. 1.26 Rezoning, special use permits, and zoning text amendments. (a) Applicability. This process is used for review and consideration of rezoning, special use permits, and zoning text amendments.

(b) Review Process. (1) Application and completeness determination. Application must be made consistent with this ULDC. The director is responsible for checking that a complete application has been submitted pursuant to the provisions of this ULDC with all material necessary for the decision-making authority to render an informed decision.

(2) Planning and zoning commission review. Following notice as proscribed in this ULDC, the planning and zoning commission shall hold a public hearing in accordance with its rules and the V.T.C.A., Local Government Code, ch. 211 and make a recommendation to the city council.

(3) City council final action. The city council shall hold a public hearing, in accordance with its rules and the V.T.C.A., Local Government Code, ch. 211 and may take final action on the proposed rezoning or special use permit.

(4) Effect. The special use permit, rezoning, text amendment shall become effective 10 days following the passage by city council.

(c) Approval criteria for rezoning applications. All of the following criteria shall be applied by the director, the planning and zoning commission and the city council in the review of requests for rezoning (map changes) and changes to the zoning text of this ULDC:

(1) The rezoning or text amendment is consistent with and furthers the policies and goals of the future land use plan, major thoroughfare plan, vision statement, and this ULDC;

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(2) The rezoning or text amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate district for the land use proposed;

(3) The rezoning or text amendment promotes the health, safety, or general welfare of the city and includes the safe, orderly, and healthful development of the city;

(4) The rezoning or text amendment facilitates the adequate provision of mobility, water, waste water, storm water and other public services;

(5) There are changed conditions;

(6) The rezoning or text amendment would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, storm water quality, wildlife, vegetation, and wetlands; and

(7) The application addresses a demonstrated community need.

(d) Approval criteria for special use permits. The planning and zoning commission may recommend and the city council may issue a special use permit only if all of the following specific objectives and conditions are met:

(1) That the specific use will be compatible with and not injurious to the use and enjoyment of adjacent property or property immediately across the street, and not significantly diminish or impair property values within the immediate vicinity in any material way;

(2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding property;

(3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy;

(4) That adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, light, noise and vibration prior to the issuance of a certificate of occupancy;

(5) That there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property;

(6) That the proposed use is consistent with the comprehensive plan and is generally consistent with this ULDC; and

(7) That the site plan meets the criteria set forth in subsection (e) of this section.

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(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.

(1) It shall be unlawful for any person to occupy, construct, alter, extend or expand any use within a zoning district which permits that use only as a special use unless a special use permit has first been issued by the city council for the specific occupation, construction, alteration, extension or expansion of the proposed use in accordance with the provisions of this division. If approved, the permit shall be issued specifically to the person named in the application for the permit and shall not be transferred without providing prior written notification to the director.

(2) All uses that receive a special use permit as required under this division shall meet all applicable regulatory requirements of the state and federal government and shall meet all applicable requirements of this and other pertinent ordinances of the city. Applicants for special use permits shall provide documentation that identifies all applicable federal and state licensing requirements for the proposed facilities at the time of application. Copies of the documentation from the state or federal agencies indicating compliance (i.e. licenses or certificates) shall be provided to the city no later than sixty (60) days of issuance.

(3) Prior to leasing or purchasing facilities, potential heavy industrial use developers are strongly encouraged to meet with the director to determine if the location will require a special use permit or other approvals and to review the merits of potential locations.

(4) The following uses identified in table 2-2 “Use Conditions” require the issuance of a special use permit:

a. Industrial uses, including: i. Excavation, ii. Gravel pit, iii. Junk and salvage yard, iv. Waste storage and disposal centers, v. Oil or gas wells, vi. Packaging, vii. Resource extraction, viii. Slaughterhouse, and ix. Sandblasting;

b. Telecommunication facilities;

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c. Group housing uses, including: i. Boardinghouse, ii. Dormitory, iii. Halfway house, iv. Homeless shelter, v. Orphanage, and vi. Personal care home; and

d. Funeral homes with crematoriums.

(5) Other activities that require a special use permit. A special use permit shall be required for any industrial and manufacturing processes that are not identified in this ULDC. A special use permit shall be required for the expansion of any non-conforming use.

(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:

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.

(7) Technical expert. When a special use permit is required to comply with the provisions of this ULDC and when the technical information provided by the applicant is beyond the technical capacity of the city staff to review

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the application, in addition to the usual application fee, the applicant shall reimburse the city for the actual cost to the city for the services of a technical expert to review the application and/or information supplement. The director shall notify the applicant in writing at least 5 working days prior to hiring a technical expert so that the applicant has the opportunity to withdraw his application or provide feedback on the hiring of the technical expert.

(f) Expiration of Special Use Permit. A lapse of a period greater than 24 months from the date of city council approval causes the special use permit and all related approvals or permits to expire and be of no further force and effect unless one of the following conditions are met:

(1) The holder of the special use permit is issued a certificate of occupancy for the use specified in the special use permit;

(2) If no certificate of occupancy is required, the holder of the special use permit is issued a certificate of completion for the use specified in the special use permit; or

(3) In projects where the use will be established on the property in phases, the applicant may submit a series of permit applications to prevent the special use permit from expiring. The phasing plan must be annotated on the application for the special use permit. The first certificate of occupancy or completion must be issued within 24 months of special use permit approval. No more than 24 months shall pass between subsequent issuances of certificates of occupancy or completion until the project specified in the special use permit is complete.

If expired, a new special use permit application must be submitted and approved before engaging in the use.

(g) Revocation of Special Use Permit. The director may revoke a special use permit if it is determined that any of the following are true:

(1) The applicants have misrepresented any material fact on their application, or supporting materials;

(2) The special use fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit;

(3) The operation of the special use violates any statute, law, ordinance or regulation; or

(4) The operation of the special use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public.

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(h) Appeal of Special Use Permit Revocation. Owner of the special use permit may appeal such revocation to the city council. Owner must file a written appeal with the city clerk within ten days of the decision of the director. Owner must show that the director made decisions based on incorrect or incomplete data.

(i) Discontinuation of Use. A special use permit shall expire 12 months following the discontinuation of the use for which the special use permit was approved.

Sec. 1.27 Nonconformities.

(a) Scope; continuation; repair and maintenance.

(1) Authority to continue.

a. Continuation of nonconforming use. A nonconforming use that lawfully occupied a structure or a vacant site on {Effective Date}, may be continued so long as it remains otherwise lawful, subject to the standards and limitations of this ULDC.

b. Continuation of noncomplying structure. A noncomplying structure that lawfully occupied a land site on {Effective Date}, that does not conform to the standards for front setbacks, side setbacks, rear setbacks, height, screening, floor area of structures, driveways or open space for the district in which the structure is located may be used and maintained, subject to the standards and limitations in this ULDC.

(b) Nonconforming Uses.

(1) Process for determining abandonment. Under this section, a noncomplying structure may be considered abandoned subject to the following:

a. Determination. A noncomplying structure that is discontinued or remains vacant for a continuous period of one year shall be presumed to be abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the structure must conform to the structure regulations for the district in which it is located.

b. Overcoming presumption of abandonment. The presumption of abandonment may be rebutted upon proof to the satisfaction of the director or to the board of adjustment that during such period the owner of the land or structure (i) is maintaining the property in accordance with the building code, (ii) is in compliance with

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article XV of chapter 18 of the code of ordinances pertaining to vacant buildings, and (iii) is either:

i. Actively and continuously marketed for sale or lease; or

ii. Engaged in other activities that would affirmatively prove there was not intent to abandon, such as obtaining a building permit and obtaining inspections meeting the requirements of the city’s building code.

c. Calculation of period of abandonment. Any period of such discontinuance directly caused by government action, fire or natural calamity without any contributing fault by the owner of the property shall not be considered in the calculation of length of abandonment for this section.

(2) Movement, alteration and enlargement. No nonconforming use may be moved, enlarged or altered and no nonconforming use of land may occupy additional land, except as follows:

a. Enlargement. A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or land site that it did not occupy on {Effective Date}. However, a nonconforming use may be extended within the same structure, provided no structural alteration of the structure is proposed or made for the purpose of the extension.

b. Exterior or interior remodeling or improvements to structure. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the nonconforming use.

c. Relocation of structure. A structure containing a nonconforming use may not be moved unless the use shall conform to the regulations of the district into which the structure is moved.

d. Change of nonconforming nonresidential use to another nonconforming use. Upon application to the director pursuant to this article, a nonconforming use may be changed to another nonconforming use of the same or similar type or intensity or to another nonconforming use of the same or similar type, but of less intensity. Whenever any nonconforming nonresidential use is changed to a less intensive nonconforming nonresidential use, such use shall not be changed back to a more intensive nonconforming nonresidential use. Whenever any nonconforming nonresidential use is changed to a conforming use, such use shall not later be changed to a nonconforming use.

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e. Destruction of structure with nonconforming use. If a structure that contains a nonconforming use is destroyed to the extent of 50 percent or more by fire or natural calamity or is voluntarily razed or is required by law to be razed, the nonconforming use shall not be resumed except as provided in subsection (2)(f) of this section. The determination of the extent of damage or destruction under this subsection shall be determined in accordance with subsection (c)(7) of this section.

f. Special use permit. If a structure that contains a nonconforming use is destroyed to the extent of 50 percent or more by fire or natural calamity, the owner must file an application for a special use permit in accordance with section 1.27 if the owner desires to resume the nonconforming use. The application shall be processed in accordance with article I of this ULDC, except all of the following conditions must be met in lieu of those conditions found in section 1.27:

i. Not contrary to the public interest;

ii. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship; and

iii. The spirit of this ULDC is observed and substantial justice is done.

(c) Noncomplying structures.

(1) Generally. Under this ULDC, no noncomplying structure may be moved, enlarged or altered, except in the manner provided in this section or section (b) above or unless required by law.

(2) Applicability. Nothing contained in this section shall be construed to prohibit improvements, maintenance or repair for any part of structures that are inside the existing footprint of a noncomplying structure that do not increase the height of the existing noncomplying structure. Some examples are the following: a water heater may be repaired or replaced within the existing footprint; components, cladding and roofs may be repaired as long as square footage (usable or not usable) is not added to make another story on the building or to exceed the existing footprint of the structure.

(3) Repair, maintenance, and alteration. Any noncomplying structure may be repaired, maintained, or altered; provided, however, that no such repair, maintenance, or alteration shall either create any new noncompliance or increase the degree of the existing noncompliance of all or any part of

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such structure except in the manner provided in this section or in the variance and special exception regulations of this ULDC.

(4) Enlargement. A noncomplying structure may not be enlarged, expanded or extended to occupy all or a part of the land site that it did not occupy on {Effective Date} unless a noncomplying structure expansion variance is granted by the director or board of adjustment in accordance with subsection (d) of this section.

(5) Moving. A noncomplying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved except in the manner provided in this section or in the variance and special exception regulations of this ULDC.

(6) Damage or partial destruction. If a noncomplying structure is damaged or destroyed by fire or natural calamity to the extent of 50 percent or less, the structure may be restored if restoration is started within six months and diligently pursued to completion. The city may require a cash deposit, bond or other guarantee of performance to ensure diligent progress and completion of the restoration. Any delay in starting such restoration that is caused by government action or natural calamities and without contributing fault by the owner shall be deducted in calculating the starting date of restoration.

(7) Destroyed structures. Reconstruction of a noncomplying structure that has been 50 percent or more destroyed may be granted by the board of adjustment only upon its finding that granting the variance satisfies the following conditions:

a. Not contrary to the public interest;

b. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship; and

c. The spirit of this ULDC is observed and substantial justice is done.

It shall be the applicant’s responsibility to demonstrate the basis for the variance request to the board of adjustment. The board of adjustment may impose such conditions as are necessary to protect adjacent property owners, to safeguard the character of the neighborhood in which the noncomplying structure is located, and to ensure the protection of the public health, safety and welfare, including, but not limited to, conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the zoning regulations of this ULDC. In considering such

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reconstruction, the board of adjustment shall address the public welfare, character of the area surrounding such structure, the conservation, preservation and protection of property, including the applicant’s property, as well as all plans adopted by the city council that affect or cover the area in which the land is located.

(8) Calculation for percentage destroyed. The board of adjustment shall utilize the following to make its determination concerning 50 percent or more destroyed:

a. The value of the noncomplying structure prior to destruction shall be established using the most current (pre-destruction) appraisal district tax roll; and

b. The owner may propose to substitute a current appraisal of the nonconforming building (before it was destroyed) prepared by an appraiser licensed in the state to prepare such appraisal.

(d) Variances for the expansion of non-compliant structures.

(1) Purpose. The purpose of this section is to set minimum requirements, standards and conditions for approving proposed variances to allow the expansion of noncomplying structures. These regulations are intended to ensure the same general level of compatibility as is set forth in the comprehensive plan, neighborhood plans, and redevelopment and economic development plans adopted by city council. These regulations intend that variances granted to nonconforming structures do not adversely affect the adjacent land uses, especially adjacent residential uses, or the physical character of uses or structures in the immediate vicinity of the neighborhood in which the variance is sought. Finally, the purpose of variances is to - over time - bring nonconforming structures into compliance with the current zoning regulations in order to improve neighborhoods, businesses and tax base.

(2) Types of expansion variances.

a. Variance by director. The director may grant a variance for a nonconforming structure affecting up to 10 percent, not to exceed 5,000 square feet of the footprint of the nonconforming structure if the applicant elects to comply with the standards set forth in subsections (3) and (4) of this section.

b. Variance by the board of adjustment. The board of adjustment may grant a variance affecting the expansion of a nonconforming structure, if the applicant elects to comply with the standards set forth in subsections (3) and (4) of this section. The board of adjustment may grant a variance or variances that cumulatively

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with any variance or variances granted by the director allow up to a 40 percent expansion, but not to exceed 25,000 square feet of the nonconforming structure as it was shown on the original application. Expansion variances may not be granted for 100 percent of the nonconforming structure.

(3) Expansion variance criteria. The director or the board of adjustment may grant an expansion variance when the applicant demonstrates that their variance request will meet all the criteria below:

a. Ensures the same general level of land use compatibility as the otherwise applicable standards;

b. Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land use considerations;

c. Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought;

d. Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council;

e. Does not decrease any building setback or further encroach into a building setback that is the basis of the structure’s noncomplying status;

f. Is generally consistent with the purposes and intent of this ULDC; and

g. Will bring the existing and proposed structure closer into compliance with the zoning regulations of this ULDC, or will otherwise improve or enhance public health, safety or welfare.

(4) Variance credits. In addition to the variance criteria listed in subsection (d)(3) of this section, the applicant may be granted an expansion variance only when the applicant has supplied credits in the amounts shown in table 1-4 that illustrates the number of approved credits required for the applicant’s proposed project based on the percentage expansion of the project.

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Table 1-4. Variance credits.

Percent of Variance Number of Approved To be Granted Credits Required 10% or less 2 Over 10% to 20% 3 Over 20% to 30% 4 Over 30% to 40% 5 a. The variance credits proposed to be met herein for the board of adjustment or director shall not be the same standards already approved to support a variance granted on the same property. b. Such credits may be approved by the board of adjustment or director as part of the application for variance and staff may deny any subsequent building permit if applicant fails to comply with the variance conditions set by the board of adjustment. c. The applicant for a variance shall then choose any of the following credits that match the number of required credits for the project, subject to the approval of the director or the board of adjustment as applicable to the case:

i. Installation of a streetscape along the street at which the project is addressed following the standards that are set forth in section 18-1206 of the code of ordinances;

ii. Installation of parking lot landscaping to the percent of required landscaping that equals or exceeds the extent of the expansion requested in the variance based upon section 18- 1205 of the code of ordinances;

iii. Installation of a public sidewalk along the frontage(s) of the property where no sidewalk exists;

iv. Installation of an improved buffer between the property and adjacent properties zoned or used for residential purposes, which may include the addition of hedges or decorative posts, or the substitution of higher quality materials for the buffer fence or other similar improvements;

v. Painting or otherwise modifying the exterior of the structure with appropriate building materials to match the color range and/or materials of adjacent properties and/or those immediately across the street. Modifications may include, but are not limited to, the addition of siding, awnings, window trim, and new facia. When the property in question is located in

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a neighborhood that has a plan adopted by the city council and that addresses architectural standards, then material/exterior must comply with the adopted plan before credit may be given under this section;

vi. Construction of a new roof on the structure such that the appearance and safety of the structure are improved;

vii. Specifying the period during which the nonconforming use or structure may continue to operate or exist before being brought into conformance with the standards of the zoning regulations;

viii. Maintenance of specific operating hours for a nonconforming use; or

ix. Alternative proposals that meet all the intent and purpose of this ULDC.

(5) Approval. The director or board of adjustment may approve, approve with conditions or disapprove the application for an expansion variance permit, pursuant to the criteria of this section. Any approval or conditional approval of a variance shall include the number and type of credits approved by the director or the board of adjustment for the variance consistent with this section.

Sec. 1.28 Regulations pertaining to variances and special exceptions.

(a) Review and recommendation by director. After determining that the application for a variance or special exception permit is complete, the director shall review the application and prepare a staff report, which may include a recommendation of approval, approval with conditions or disapproval based upon the criteria in sections 1.29 and 1.30. A copy of the report shall be mailed to the applicant at least five days prior to the public hearing on the application.

(b) Conditions. The director may recommend and the board of adjustment may impose such conditions on a variance or special exception permit as are necessary to accomplish the purposes of this ULDC, to prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include, but are not limited to, limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of deposit; other on-site improvements; and limitations on the duration of the permit or hours of operation.

(c) Submittal requirements. Any application for a variance or special exception shall be accompanied by a site plan, drawn to scale that accurately depicts the existing conditions and the proposed conditions, including lot lines, locations of all structures, driveways, fences, berms, buffer landscaping, signs and paved areas

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and other items or features that may be appropriate to the consideration of the variance or special exception being sought as requested by the director. An as- built survey may serve as the basis for the existing conditions shown on the site plan.

(d) Action by board of adjustment. After due notice, the board of adjustment shall hold a public hearing on an application for a variance permit. At the public hearing, the board of adjustment shall consider the application, the staff report, the relevant support materials and the public testimony given at the public hearing. After the close of the public hearing, the board of adjustment shall vote to approve, approve with conditions or disapprove the application for a variance permit, pursuant to the criteria of section 1.29. Any approval or conditional approval of a variance shall include the number and type of credits approved by the board of adjustment for the variance consistent with section 1.29. This subsection does not apply to variances granted by the director per section 1.29, subsection (e).

(e) Effect.

(1) Generally. Issuance of a variance or special exception permit shall authorize only the particular variation which is approved. A variance or special exception permit shall run with the land.

(2) Time limit. Unless otherwise specified in the variance or special exception permit, an application to commence construction of the improvements that are the subject of the variance or special exception must be applied for and approved within 12 months of the date of approval; otherwise the variance or special exception permit shall automatically become null and void. Permitted timeframes do not change with successive owners. Upon written request, only one extension of the 12-month timeframe may be granted by the board of adjustment for a period not to exceed 12 months for good cause shown.

(3) Null and void. Once the variance becomes null and void, owner shall remove any nonconforming structures or pieces of structures that were addressed by the variance granted. Any structures or improvements not associated with the variance granted are not required to be removed.

Sec. 1.29 Variance process.

(a) Purpose and intent. The purpose of a variance process is to consider and approve deviations from the property development standards for the applicable district where development is proposed that would not be contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship and if granted the spirit of this chapter is observed and substantial justice done. A variance is not applicable to a use or an operational performance standard.

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(b) Types of variances:

(1) Variance by board of adjustment. The board of adjustment and the director may grant a variance from the dimensional standards of zoning for a property if the variance satisfies criteria identified in subsection (c) of this section.

(2) Variance by director. The director may consider and grant a variance of up to 10% of the dimensional requirement.

(c) Variance Criteria. The director or the board of adjustment may grant a variance when the applicant demonstrates that their variance request will meet all the criteria below:

(1) Ensures the same general level of land use compatibility as the otherwise applicable standards;

(2) Is not a hardship of the applicant’s own making;

(3) Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land use considerations;

(4) Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought. (Did the applicant demonstrate that the structure has historically provided a facility in the neighborhood or otherwise improves the overall neighborhood);

(5) Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council;

(6) Is generally consistent with the purposes and intent of this ULDC;

(7) Is needed as special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same district and are not merely financial;

(8) Is necessary as literal interpretation and enforcement of the terms and provisions of the dimensional standards would deprive the applicant of rights commonly enjoyed by landowners in the same district and would cause an unnecessary and undue hardship;

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(9) Is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this ULDC and would result in substantial justice; and

(10) Will bring the existing and proposed structure closer into compliance with the zoning regulations of this ULDC, or will otherwise improve or enhance public health, safety or welfare.

(d) Variance application standards. A complete application for a variance shall be submitted by a qualified applicant to the director on a form prescribed by the director, along with a nonrefundable fee to defray the actual cost of processing the application. No application shall be processed until the established fee has been paid and the application has been determined complete by the director.

(e) Action by director. The director may approve, approve with conditions or disapprove the application for a variance permit, pursuant to the criteria of this section.

Sec. 1.30 Special exception process.

(a) Scope. Special exceptions are deviations from otherwise applicable operational performance standards and compatibility standards where development is proposed that would be:

(1) Compatible with surrounding land uses;

(2) In keeping with the public interest; and

(3) Consistent with the purposes of this ULDC.

(b) Permit criteria. To approve an application for a special exception permit, the director or board of adjustment shall make an affirmative finding that granting the special exception will:

(1) Ensure the same general level of land use compatibility as the otherwise applicable standards;

(2) Not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations;

(3) Not adversely affect property values in any material way; and

(4) Be generally consistent with the purposes and intent of this ULDC.

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Sec. 1.31 Development manual.

(a) A development manual that includes the following standards shall be prepared by the director and used in this development review process:

(1) Review schedules;

(2) Application forms for all development applications governed by this ULDC; and

(3) Checklists for all applications governed by this ULDC.

(b) The development manual shall be consistent with this ULDC and shall be implemented in a manner that is consistent with this ULDC.

Article Two. Use Districts

Division 1. General

Sec. 2.01 District map. The boundaries of the districts established by this chapter shall be shown on a map or series of maps entitled "Official District Map," an up-to-date copy of which shall be maintained in the office of the director of planning and community development. Original copies of the official map and all amendments thereto shall be maintained in the city clerk's office. In any dispute regarding the classification of property subject to this chapter, the original map maintained by the city clerk shall control.

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-way 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 following 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. 25

(e) 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.

(f) 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 of planning and community development.

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 SF1 district unless the owner or majority of owners of the subject property requests another classification, in which case such property shall be assigned a district classification in accordance with the amendment procedures of this ULDC.

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:

(a) Mixed Use (“MU”). This district is intended to accommodate uses that are zoned MU as of {Effective Date}. No additional lands shall be zoned MU.

(b) Neighborhood Serving Commercial (“NSC”). This district is intended to accommodate commercial uses adjacent to a residential neighborhood and not accommodate regional commercial uses. The Neighborhood Serving Commercial District is designed or intended to improve traffic flow, and provides the option of pedestrian activity from dwelling units to the neighborhood commercial uses.

(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.

(d) General Commercial (“GC”). This district is intended to provide for a variety of uses including offices, retail, residential and related uses that are mixed within buildings either vertically and/or horizontally and which are planned as a unit. The GC district may be used as a transitional district between more intensive nonresidential districts (e.g., industrial) and higher density residential districts or as the primary district for such corridors as Garth or Main.

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(e) Arts, Cultural and Entertainment (“ACE”). This district is intended to foster the development of highly compatible and mutually supportive land uses in the downtown area.

(f) Light Industrial (“LI”). This district is intended to provide for low-intensity manufacturing and on-site industrial activities that may generate some nuisances. Industrial uses are not appropriate adjacent to any residential uses. Unless separated by a principal arterial, the LI district is not appropriate adjacent to any residential district.

(g) Heavy Industrial (“HI”). This district is intended to provide for manufacturing and industrial activities that may generate nuisances. Industrial uses are not appropriate adjacent to any residential uses. Unless separated by a principal arterial, the HI district is not appropriate adjacent to any residential district.

Sec. 2.05 Residential zoning districts.

(a) Neighborhood Conservation (“NC”). This district is a residential district with a density conforming to the zoning code adopted in 1995. This district allows only residential uses and no additional lands shall be zoned NC.

(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. No additional lands shall be zoned UN.

(c) Single-Family Estate (“SFE”). This district provides for residential dwellings at a very low density. This district accommodates only single-family detached dwellings at a density range of less than 1 per acre.

(d) Low Density Single-Family Residential Dwellings (“SF1”). This district provides for single-family residential dwellings at a density range of 1 to less than 4 dwelling units per acre.

(e) Mixed Residential at Low to Medium Densities (“SF2”). This district provides for single-family residential uses and two-family dwellings at a density range of 4 to less than 9 dwelling units per acre.

(f) Medium Density Mixed Residential (“MF1”). This district provides for single- family, two-family dwellings, single-family attached dwellings and multifamily dwellings at a density range of 9 to less than 15 dwelling units per acre.

(g) Mid-Rise Density Mixed Residential Dwellings (“MF2”). This district provides for single-family dwellings, two-family dwellings, single-family attached dwellings and multifamily dwellings at a density range of 15 to less than 23 dwelling units per acre.

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(h) High Density Residential Dwelling Units (“MF3”). This district provides for single-family dwellings, two-family dwellings, single-family attached dwellings and multifamily dwellings at a density range of 23 to 30 dwelling units per acre provided that the floor area ratio does not exceed one. For vertical mixed use, see Livable Centers District in this article.

Sec. 2.06 Special purpose zoning districts.

(a) Planned Unit Development District (“PUD”). This district is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties that are a minimum of ten acres in size and shall be developed in accordance with a common development scheme. PUD zoning is designed to accommodate land uses that cannot be accommodated using the districts in this ULDC. A PUD may be used to permit new or innovative concepts in land use and standards not permitted by zoning in this ULDC.

(b) Gateway /Corridor District (“GD”). The district is intended to enhance the entry ways to the city. Various corridors may be designated by the city council for the purpose of applying alternative landscaping and design standards, or a land use theme. For example, the Alexander Drive area from SH99 up to SH146 could be one corridor plan or it could be done in several smaller segments addressing land use, conditions, property development standards and design standards.

Sec. 2.07 Density and use. A mix of residential uses shall be allowed in SF1, SF2, and MF1 zoning districts according to density as shown in table 2-1. Density shall be calculated as net density and exclude all rights-of-way.

Sec. 2.08 Planned unit developments.

(a) Purpose. The planned development district is a district designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of other zoning districts. It is the intent in such a district to insure compliance with good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications.

(b) Application. An application for a planned development district shall be processed in accordance with this ULDC. A pre-application conference is required between the applicant and the planning director prior to the actual filing of the application.

(c) Base district. A base zoning district shall be specified. The regulations in the base zoning district shall control unless specifically stated otherwise in the PUD. The base district specified in the plans is the minimum criteria to be met where the developer and council choose not to specify standards as an alternative to the base.

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(d) Detail plan requirements. The application for a planned development district shall include a detail plan and shall include the following:

(1) Purpose. The plan contains the details of development for the property. For smaller tracts or where final development plans are otherwise known, the detail plan may be used to establish the district and be the only required step in the planned development process;

(2) Relation to the comprehensive plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it is or is not consistent with that plan and the proposed base zoning district;

(3) Acreage. The total acreage in the plan as shown by a survey, certified by a registered professional land surveyor;

(4) Land uses. Permitted uses, specified in detail, and the acreage for each use;

(5) Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities;

(6) Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. Identify the relationship of each proposed street to the city’s major thoroughfare plan;

(7) Development standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:

a. Minimum lot area; b. Minimum lot width and depth; c. Minimum front, side, and rear building setback areas; d. Maximum height of buildings; e. Maximum lot coverage; f. Maximum floor-to-area ratios for nonresidential uses; g. Minimum parking standards for each general land use; and h. Other standards as deemed appropriate.

(8) Existing conditions. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed district:

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a. Existing streets; b. Existing 100-year floodplain, floodway and major drainage ways; c. Zoning districts within and adjacent to the proposed district; d. Land use; and e. Utilities, including water, wastewater and electric lines.

(9) Buildings. The locations, maximum height, maximum floor area and minimum setbacks for all nonresidential buildings;

(10) Residential development. The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density);

(11) Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements;

(12) Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district;

(13) Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use;

(14) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use;

(15) Landscape plan; and

(16) Phasing Schedule. A PUD district larger than 100 acres shall provide a phasing schedule depicting the construction phases.

(e) Planning and zoning commission recommendation of detail plan. The planning and zoning commission shall review and make recommendations on a detail plan or the amendment of a detail plan to the city council. The planning and zoning commission shall make a recommendation to approve the detail plan if it finds that:

(1) Compliance. The plan complies with the concept plan approved for that property and the standards and conditions of the PUD district;

(2) Compatibility. The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhood or properties outside the plan; and

(3) Circulation of vehicular traffic. The plan provides for the adequate and safe circulation of vehicular traffic.

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(f) Approval of district. The city council may, after receiving a recommendation from the planning and zoning commission, approve by ordinance the creation of a district based upon a detail plan. The approved plan shall be made part of the ordinance establishing the district. Upon approval said change shall be indicated on the zoning maps of the city. The development standards and requirements, including, but not limited to, maximum height, lot width, lot depth, floor area, lot area, setbacks and maximum off-street parking and loading requirements for uses proposed shall be established for each planned development district based upon the particular merits of the development design and layout. Such standards and requirements shall comply and be more restrictive than the standards established in the base zoning district for the specific type uses allowed in the district, except that modifications in these regulations may be granted by the council if it shall be found that such modifications are in the public interest, are in harmony with the purposes of this ULDC and will not adversely affect nearby properties. The detail plan shall include a specific phasing plan when the area is 100 or more acres in size.

(g) Expiration of detail plan. A detail plan shall be valid for two years from the date of its approval. If a building permit has not been issued and construction begun on the detail plan within the two years, the detail plan shall automatically expire and no longer be valid. The council may, prior to expiration of the detail plan, for good cause shown, extend for up to 12 months the time for which the detail plan is valid. Once expired, the zoning designation reverts to the underlying zoning district. Once expired, all future phases are also expired.

(h) Annual review by the planning and zoning commission. Annually, on or about the time of the original city council approval, the planning and zoning commission shall review progress on building permits, construction, inspections and preparation for the next phase. If measurable progress cannot be demonstrated by the owner of the PUD, then the planning and zoning commission shall recommend to the city council to void the PUD.

(i) Changes in detail plan. Changes in the detail plan shall be considered the same as changes in the zoning ordinance and shall be processed in accordance with this ULDC. Those changes which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height, or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site, as indicated on the approved detail plan, may be authorized by the planning director. Any applicant may appeal the decision of the planning director to the planning and zoning commission for review and decision as to whether an amendment to the planned development district ordinance shall be required.

(j) Minimum development size. The total initial development of any planned development district shall not be less than ten acres.

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(k) Deviation from code standards. The city council may approve a PUD concept or detail plan with deviations from any provision in this ULDC. Such deviations shall be listed or shown as part of the ordinance that approves the concept or detail plan. The focus shall be on the provision of private open space, trails and connections to the public trail system, higher standards for site design, and the provision of other amenities such as community buildings, preservation of view corridors, for example.

[Remainder of page left intentionally blank.]

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Table 2-1. Net Density/Allowed Use

her g 11 12 13 18 19 20 21 22 i 3 4 5 6 7 < < < < < < ITY < < < < < < H to to to d to <1 to to to <9 to 4 to 5 to 6 7 to <8 8 0 7 8 20 21 to 22 to <23 DENS 0 1 to <2 2 3 to < 9 to <101 11 to 12 to 13 to <1414 to <15 15 to <1616 to <171 1 19 to 23 an

SFE SF1 SF1 SF1 SF2 SF2 SF2 SF2 SF2 MF1 MF1 MF1 MF1 MF1 MF1 MF2 MF2 MF2 MF2 MF2 MF2 MF2 MF2 MF3

Single Family Detached

Duplex

Single Family Attached

Multi-Family

Shaded = Allowed

NOTE: Net density refers to the land area of the development minus the public rights-of-way and land dedicated for public use, such as schools and public parks.

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Division 3. Land Use Tables and Conditions

Section 2.09 Land use tables. This section sets forth the land uses allowed in each zoning district. In the following tables “P” means Permitted Use and “PC” means Permitted Use with Conditions as set forth in the conditions tables in division 3 of this article. Where neither a “P” nor a “PC” exists in the table, the use is prohibited. To the extent that there is a conflict between the use tables and the conditions, the use table controls.

Table 2-2. Non-residential uses.

COND USES MU NSC ACE GC LC LI HI REF Agriculture (may include animal husbandry – raising of animals including P P P P P livestock) excluding feedlots Animals Kennels PC A25 Animal hospital PC PC PC A25 Exotic animals PC PC PC PC A5 Auto body shop P PC P A1 Automobile facility, major P PC P P A2 Automotive repair, minor P P P P Boat and RV storage P PC P A36 Building, heating, plumbing, general, service P PC P A3 or electrical contractors with outdoor storage Community services P P P P P P Containers PC PC PC PC A5-7 Day care P P P P PC PC A8 Dwelling unit PC PC PC A44 Eating establishments Full service P PC PC P P P PC A8-10, A12 A8, A9, Limited service P PC P P P PC A11 Entertainment facilities, PC PC PC PC A45 including bars and lounges Equipment sales and rental P P P facilities Excavation PC PC A23 Extended stay motel PC PC A13

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COND USES MU NSC ACE GC LC LI HI REF Funeral Home PC PC PC A33 Gas station minimart P PC P P A14 Gas station minimart with limited food preparation P PC P P A15 Gas stations P PC P P P A16 Gravel pit PC A23 Grocery stores P PC PC P P A19 Group housing, Boardinghouse, Dormitory, Halfway PC PC A21-22 house, Orphanage, Group home for substitute care Homeless shelter PC PC A21-22 Hotels and motels P P P P P Junk and salvage yard PC PC A23 Live outdoor exhibitions PC PC PC A26 Medical facilities Hospitals P P P Clinics P P P P P PC A4 Medical waste storage PC PC A23 and disposal center Nursing homes and PC PC A20, A22 assisted living facilities Office P PC PC P P P PC A27-28 Oil or gas wells PC A23, A29 Outdoor storage PC PC PC P P A42 Packaging PC PC A23 Parking, commercial P P P Personal service P P P P P P Pet stores PC PC PC PC A32 Places of assembly PC PC PC PC PC A30, A30A Recreational vehicle park PC PC A31 Repair business P P P P P Resource extraction PC A23, A34 Retail General P PC P P P A18 Big box PC PC A17 Sandblasting PC PC PC A23 Self storage P P P

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COND USES MU NSC ACE GC LC LI HI REF Slaughterhouse PC A23, A35 Supply houses directly to industry not to individuals P P Telecommunication PC PC PC PC A37 facilities Towing service PC P A38 Towing yard PC P A42 Truck stop P Truck terminal P P Vehicle sales, rental or leasing facility, industrial P P P Vehicle sales, rental or leasing facility, personal P P P Vehicle storage P PC P A36 Warehouse and freight PC PC P P A40 movement Waste related services Landfills P Recycling centers PC P A41 Wholesale trade P P

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.

COND ACCESSORY USE MU NSC ACE GC LC LI HI MU NSC REF Dog run PC PC PC A25 Dwelling unit P PC PC A44 Medical equipment storage PC PC PC A43 and research facilities Kennel PC PC PC A25

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Table 2-4. Residential uses.

USES SFE SF1 SF2 MF1 MF2 MF3 NC UN ACE COND REF Agriculture PC PC PC B3 Community services PC PC PC PC PC PC PC PC PC B6-7 Industrialized home P P P P P P P Manufactured home P P Multifamily dwelling PC PC PC PC B11 Single-family PC PC PC P P PC B14 , B21 residential attached Single-family P P P PC P P B17 residential detached Two-family dwelling PC P PC P P B18, B19 duplex Country clubs P P P P P P Golf courses P P P P P P P P Group home for the PC PC PC PC PC B9 disabled Personal care home PC PC PC PC PC B9 Public park P P P P P P P P P Places of assembly PC PC PC PC PC PC PC PC PC B12 Pool, pool house, hot tub, and related P P P P P P P P P mechanical equipment and storage facilities Storage of unoccupied recreational vehicles P P P P for personal use

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.

COND ACCESSORY USE SFE SF1 SF2 MF1 MF2 MF3 NC UN MU ACE REF Accessory dwelling PC PC PC PC PC PC PC B1, B2, B10 Barn P Community building PC PC PC PC PC B5 Family home day care PC PC PC PC PC PC PC PC B8 Garage sale PC PC PC PC PC PC PC B20 Gazebo P P P P P P P P P P

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COND ACCESSORY USE SFE SF1 SF2 MF1 MF2 MF3 NC UN MU ACE REF Home occupation PC PC PC PC PC PC PC PC PC PC B10 Laundry building PC PC PC B5 Non-commercial solar energy facilities PC PC PC PC PC PC PC PC PC PC B15 On site management office for multifamily or single-family attached dwellings PC PC PC PC PC PC PC B7A On site storage of a personal pleasure boat or recreational vehicle P P P P Pool, pool house, hot tub and their equipment P P P P P P P P P P Private open space PC PC PC PC PC PC PC PC PC PC B13 Private recreation space PC PC PC PC PC PC PC PC PC PC B13 Stables PC B16 Storage building P P P Studio PC PC PC B10 Sports court P P P P P P P P P P

Section 2.10 Land use conditions.

This section sets forth the conditions associated with identified land uses in Section 2.05.

Table 2-6. Use conditions.

Applicable Land Use Zoning Conditions District A. Non-Residential Categories (a) Auto body shops shall be separated from all adjacent uses by an opaque screen. 1 Auto body shops GC (b) Vehicles must be kept on the private property of the auto body shop. (c) Vehicle storage is subject to the outdoor storage conditions of this ordinance and must be kept behind a screening device. Automobile facility, Automobile facilities shall be separated from all adjacent uses by an opaque 2 GC major screen. Building, heating, Building, heating, plumbing, general, service or electrical contractors with plumbing, general, outdoor storage shall be separated from all adjacent uses by an opaque 3 service or electrical GC screen. contractors with outdoor storage

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Applicable Land Use Zoning Conditions District Clinics must be totally within an enclosed building, in an office or other non-production building and open only to employees of the industrial 4 Clinics HI facility for which the day care or clinic is operated.

All, where Exotic animals are subject to the restrictions under section 14-8 of the code 5 Exotic animals permitted of ordinances. (a) Containers may not be stacked on one another. (b) Berms, hills, slabs in excess of one foot above natural grade or other raised features may not be created upon which to place containers. 6 Containers GC, MU (c) There is no limit to the number of containers on a property. (d) Containers shall be screened from all adjacent properties by an opaque screen. (a) Containers in LI may be stacked up to three containers in height with no limit in the number of containers on a property. (b) Containers in HI may be stacked up to five containers in height with 7 Containers LI, HI no limit in the number of containers on a property. (c) Containers shall be screened from all adjacent properties by an opaque screen. Day cares must be totally within an enclosed building, in an office or other non-production building and open only to employees of the industrial 8 Day cares HI facility for which the day care or clinic is operated.

(a) Eating establishments shall not exceed 4,000 square feet in size of Eating seating and food preparation area including restrooms. 9 NSC establishments, all (b) Eating establishments shall be located on a collector street or higher classification. Eating All, where Full-service eating establishments shall provide opaque screening when 10 establishments, full permitted adjacent to single-family dwellings. service except ACE Eating All, where Limited service eating establishments shall provide opaque screening when 11 establishments, permitted adjacent to single-family dwellings. limited service Eating 12 ACE Drive-through restaurants are not allowed. establishments, all (a) Extended stay motels must include a conference center of at least 500 square feet, a business center, a swimming pool for the exclusive use of guests, a fitness or recreational center and a heated and air conditioned laundry room containing at least three washers and three 13 Extended stay motels GC, MU dryers for the exclusive use of guests. (b) No services commonly associated with transitional housing or short term residential studio units, including, but not limited to, the provision of free meals, case management or counseling, may be provided to motel clients on-site on a continual basis. (a) Gas station minimart shall not exceed 4,000 square feet in size. 14 Gas station minimart NSC (b) Gas station minimart is allowed only if located on arterial streets and or on a collector street at its intersection with an arterial street. (a) Gas station minimart (limited food preparation) shall not have a drive Gas station minimart through for food service in NSC. 15 with limited food NSC (b) Gas station minimart (limited food preparation) must provide opaque preparation screening adjacent to any residential dwelling . (c) Gas station minimart (limited food preparation) is allowed only if

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Applicable Land Use Zoning Conditions District located on arterial streets and or on a collector street at its intersection with an arterial street. Gas stations are allowed on arterial streets and may be located on a collector 16 Gas stations NSC street at its intersection with an arterial street. (a) Building and appurtenances shall be located at least 20 feet from a All, where 17 Big box retail residential property line. permitted (b) Loading docks shall not face residential uses. (a) General retail shall not exceed 4,000 square feet in size in NSC. 18 General retail NSC, ACE (b) New retail stores shall not exceed 10,000 square feet in size in ACE. (a) Grocery stores shall not exceed 4,000 square feet in size in NSC. 19 Grocery stores ACE, NSC (b) Grocery stores shall not exceed 40,000 square feet in size in ACE. (a) Group housing, nursing homes and assisted living facilities must be licensed by the state. (b) Group housing, nursing homes and assisted living facilities shall not Group housing, be located within a floodplain or floodway. nursing homes and All, where (c) Group housing, nursing homes and assisted living facilities shall 20 assisted living permitted annually prepare and implement an evacuation plan for all residents in facilities accordance with chapter 22, article II, division 3 of the code of ordinances. (d) Direct vehicle access to nursing home facilities in the UN district shall be provided from a collector or arterial street or major thoroughfare. (a) These uses must secure a special use permit in accordance with section 1.27 of this ULDC. (b) Group housing, boardinghouse, group home for substitute care, dormitory, halfway house, homeless shelter, orphanage, and personal care home shall annually prepare and implement an evacuation plan for all residents in accordance with chapter 22 of the code of Group housing, ordinances. boardinghouse, (c) No application for a proposed group housing use that requires a special group home for use permit may be granted if another group housing use that requires a substitute care, special use permit exists within one-half mile of the proposed location. All, where 21 dormitory, halfway i. Such measurements shall be measured from property line to permitted house, homeless property line. shelter, orphanage, ii. In making the determination that no group housing use requiring a and personal care special use permit exists within one-half mile, the director may home consider information provided by the applicant, information contained in the records of the city, and information obtained by physical inspection of the premises. (d) Group housing, boardinghouse, group home for substitute care, dormitory, halfway house, homeless shelter, orphanage, and personal care home must be located at least 1,300 feet from any other group home or assisted living facility. (a) The following minimum square footage per bedroom shall be provided by the home: i. to house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose; or All, where 22 Group housing, all ii. to house two (2) handicapped persons per bedroom, the dwelling permitted unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. (b) Separate bedroom facilities from all residents shall be provided for the care provider or providers that live in the facility part-time or full-time with the residents.

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Applicable Land Use Zoning Conditions District (c) Nothing in this condition shall be construed to restrict the location or operational abilities of facilities engaging in the sale of alcohol for on or off-premises consumption based on the location of group housing facilities. (d) All facilities shall meet and maintain compliance with the code of ordinances and requirements of this ULDC and all applicable health and safety codes and regulations in effect. All, where These industrial uses require the issuance of a special use permit in 23 Industrial uses permitted accordance with section 1.27 of this ULDC. 24 Reserved (a) Kennels are not allowed within 100 feet of any residential use. (b) Kennels are not allowed within 300 feet of a church, school, hospital, or place of assembly. 25 Kennels GC, MU, LI (c) Kennels are not allowed within 300 feet from where food is sold or consumed. (d) Kennels shall not house exotic animals. Live outdoor All, where Live outdoor exhibitions shall conform to all licensing, inspection and 26 exhibitions permitted performance standards in chapter 42 of the code of ordinances. 27 Office HI Office use may only be ancillary to an allowed primary use. 28 Office NSC Office shall not exceed 4,000 square feet in size. 29 Oil and gas wells MU No new oil or gas wells in MU are allowed. (a) Direct vehicle access shall be provided from a collector or higher classification street. All, where (b) Outdoor uses associated with places of assembly shall be setback at 30 Places of assembly permitted least 300 feet from any residential property line. If a place of assembly has an outdoor use, there shall be an opaque screen along the common property line with any adjacent residential uses. (a) Places of assembly cannot be located therein if its presence precludes the sale of alcoholic beverages for on-premises consumption elsewhere in the ACE district. 30A Places of assembly ACE (b) Direct vehicle access shall be provided from a collector or arterial street unless the point of access to the off-street parking area serving the use is located within 1,500 feet of a collector or arterial street, as measured along the centerline of the place of assembly. Recreational vehicle Recreational vehicle parks shall be separated from all adjacent uses by an 31 GC park opaque screen. A dog run may be placed on site at a pet store, where it is not adjacent to All, where 32 Pet stores any dwelling unit and it may not be used for overnight sleeping of animals. permitted All, where A funeral home with a crematorium requires the issuance of a special use 33 Funeral home permitted permit in accordance with this ULDC. (a) Resource extraction shall be separated from all adjacent uses by an 34 Resource extraction MU opaque screen. (b) Trucks must use designated truck routes. A slaughterhouse shall be at least 1,000 feet from any residential property 35 Slaughterhouse HI line.

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Applicable Land Use Zoning Conditions District (a) Stored vehicles shall be screened from all adjacent properties by an opaque screen. Storage of motor (b) Vehicles that are hazardous or contain hazardous materials pursuant to 36 GC vehicles the standards of the Texas Department of Transportation, TCEQ or any other regulatory agency of the State or EPA are not allowed to be in such vehicle storage. Except as otherwise provided in the code of ordinances, telecommunication Telecommunication All, where towers in excess of 50 feet in height and monopole towers in excess of 85 37 facilities permitted feet in height are permitted in all non-residential zoning districts with a special use permit in accordance with section 1.27 of this ULDC. (a) Towing service shall install and maintain an opaque fence when 38 Towing service MU adjacent to residential use or residential zoning. (b) Towing service shall comply with all state laws Warehouse and (a) Warehouse and freight movement excludes large distribution centers. 40 MU, GC freight movement (b) Warehouse and freight movement excludes hazardous cargo and traffic. (a) Recycling centers are only allowed if the center is an indoor facility. 41 Recycling centers LI (b) Outdoor storage is allowed only if the items being stored are completely enclosed in containers in conformance with this ULDC. All, where Outdoor storage shall be separated from all adjacent uses and from view 42 Outdoor storage permitted from any public right-of-way by an opaque screen.

(a) Medical equipment must be totally enclosed within a building. (b) No outdoor storage of medical equipment. Medical Equipment (c) Storage does not include incineration or other forms of destruction but storage and research MU, GC, LI only storage. 43 facilities (d) Medical research facilities shall be located only on the same lot with a hospital or on the same campus as a hospital and shown on an approved master plan.

(a) New dwelling units are allowed in MU where the residential lot provides an open space setback of 20 feet from any adjacent, existing non-residential use. (b) New residential subdivisions proposed in MU shall only be approved where the subdivision is rezoned to an appropriate residential zoning district. (c) Dwelling units are allowed in ACE following the standards set forth in this ULDC. (d) Live-work uses may be located in an ACE district (i) behind a business 44 Dwelling Unit MU, ACE on its first floor as long as the exterior wall of the residential area is not along Texas Avenue or (ii) above the ground floor where the unit has frontage on Texas Avenue. (e) When a mixed-use building fronts on Texas Avenue in the ACE district, a residential use is allowed only (i) behind a business on its first floor as long as the exterior wall of the residential area is not along Texas Avenue or (ii) above the ground floor where the unit has frontage on Texas Avenue. (f) Dwelling units are allowed in LC in cases in which they are allowed in the approved master plan. Entertainment Entertainment facilities, including bars and lounges, are subject to the All, where 45 facilities, including restrictions under chapter 6 of the code of ordinances. permitted bars and lounges

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Applicable Land Use Zoning Conditions District B. Residential Categories (a) Accessory dwelling units may be permitted as an accessory use to an otherwise allowed detached single-family dwelling in any zoning district that allows single-family dwellings. (b) The unit shall include a full kitchen. (c) Only one accessory dwelling per lot is allowed. (d) The total living area of the accessory dwelling unit shall not exceed six hundred (600) square feet or twenty-five (25) percent of the square footage of the living area of the private residential dwelling, whichever is greater. (e) The principal residential and accessory dwelling unit together shall not exceed the maximum zoning district impervious cover. (f) The accessory dwelling unit may be part of or attached to the principal structure, and /or may be a separate structure. (g) All principal structure yard requirements shall be met by the principal Accessory dwelling All, where structure and the accessory dwelling unit. 1 units permitted (h) The accessory dwelling unit shall not exceed the maximum zoning district height. (i) Accessory dwelling units may not be used for commercial purposes. (j) Accessory structures that exceed 25% of the gross floor area of the primary residence must abide by the design standards in article IV of this ULDC. (k) Accessory dwelling units must have similar architecture to the primary residence. (l) Accessory dwelling units may be placed inside the primary residence or may be a freestanding structure. (m) The primary and secondary dwelling units must be serviced by the same water/sewer meter. (n) The accessory dwelling unit must have a separate address on file with the city and the authorities/organizations responsible for emergency response, mail delivery and electric service. Except barns, the sum of all accessory structures on a tract of land must not All, where 2 Accessory structures exceed 75 percent of the gross square footage of the primary structure on permitted the same lot. (a) Any agriculture function involving animals shall be at least 100 feet SFE, SF1, from any adjacent residential property line. 3 Agriculture SF2 (b) Any agents causing noxious odors shall not be located closer than 100 feet from any adjacent residential property line. (a) Free standing buildings must be of the same architectural style as the dwelling units they serve. (b) Free standing buildings must be connected by walkways to pedestrian SF2 and all 5 Community building areas and parking lots. MF districts (c) 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. (a) Community services shall be separated from all adjacent residential All, where dwellings by an opaque screen. 6 Community services permitted (b) Minimum parking requirements are one per 200 square foot of usable area.

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Applicable Land Use Zoning Conditions District On-site association Club houses and management facilities must be of similar architecture to the management offices All, where apartment complex or the neighborhood in which they are located. 7A and club houses for permitted dwelling units (a) There is a maximum of six children, including children of the family providing day care. (b) Only those family home day cares that are duly licensed by the state SFE, SF1, Family home day are allowed. 8 SF2, MF1, care (c) Baytown fire department permitting and inspections are required. MF2 (d) All requirements for a home occupation shall be followed. (e) Annual renewal of family home day care permit required with an inspection in advance of renewal. (a) No group housing residents may occupy a single-family residence, other than the property owner or family of the property owner until a group housing acknowledgment form has been duly filed with the director on a form prescribed by the director. (b) The facility shall be responsible for providing food, shelter, personal guidance, general care and supervision to all of its residents. (c) There shall be no signs or other exterior visible evidence of the group housing use and the exterior structure must retain its compatibility with the surrounding residential dwellings. (d) There shall be no visible storage of equipment, materials or vehicles that have more than two axles. Group housing, (e) No equipment shall be used that creates undue noise, vibration, group homes for the All, where electrical interference, smoke or particulate matter emission, excessive 9 disabled and permitted power demands or odors. personal care homes (f) The facility shall comply with the operational performance standards of the code of ordinances. (g) The residents of the home may not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home. (h) The city reserves the right to inspect the location at any time to ensure that the health, safety and general welfare of the residents is being provided for by the facility. (i) Nothing in this section shall be construed as attempting to regulate or affect the right of handicapped individuals to purchase their own dwellings or to affect the right of individuals to care for handicapped family members. (a) A home occupation shall not exceed 25% of the heated/air conditioned space of the dwelling unit. (b) The following home occupation standards are intended to permit residents to engage in home occupations within zoning districts that allow residential uses and that are compatible with residential land uses and to ensure that home occupations do not adversely affect the All integrity of residential areas. 10 Home occupation residential (c) These home occupation standards shall have no application in any districts non-residential zoning district. (d) A home occupation shall be considered an accessory use, subject to the following standards: i. A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner; ii. There shall be no signs or other exterior visible evidence of a home occupation;

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Applicable Land Use Zoning Conditions District iii. There shall be no storage of equipment visible outside the dwelling, or materials or vehicles that have more than two axles; iv. The home occupation shall be conducted entirely within the principal residential building; and v. No equipment shall be used that creates noise, vibration, electrical interference, smoke or particulate matter emission, power demands or odors above the existing level. (e) Home occupations shall comply with the operational performance standards of this ULDC. (f) Home occupation applicants shall complete an annual registration form and pay the one-time and annual fees as defined in chapter 2 of the code of ordinances. (a) If a multifamily complex is constructed in phases, the planned amenities and community buildings must be constructed in an at least equal ratio along with the residential buildings. For example, a 200 unit apartment complex with two swimming pools and two laundry buildings that is constructed in two 100 unit phases must construct at least one swimming pool and one laundry building with the first phase. Multifamily MF1, MF2, 11 (b) Developments in the MF1 may not use special flood hazard areas in dwellings MF3 density calculation, thus preventing the development from being overcrowded on usable land and thereby being incompatible with the medium density duplex and townhouse development standards. (c) Gazebos, workshops, green houses and other similar accessory uses are allowed in common space but may not be constructed on leased space or designated for individual tenant use. (a) Multifamily dwellings shall not exceed 30 units per acre. Multifamily (b) Multifamily dwelling units are not allowed on the ground floor of 11A ACE dwellings buildings along Texas Avenue unless the units are located on the second floor or higher. (a) Direct vehicle access shall be provided from an arterial street. (b) Outdoor recreation, entertainment and performing arts uses associated All, where with places of assembly that utilize outdoor lighting and speaker 12 Places of assembly permitted systems shall be setback at least 300 feet from any residential use and shall provide a 25-foot wide vegetative buffer against the property line containing the residential use. (a) Private open space is not a public park and may not be used to increase the net density on the project. All (b) Private open space shall be a minimum of 100 square feet in size. 13 Private open space residential (c) Private open space must be accessible to pedestrian pathways, if districts available. (d) Private open space must be deed restricted to private recreation prior to any building permits being issued for any dwelling unit.

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Applicable Land Use Zoning Conditions District (a) Each single-family attached dwelling unit shall be situated on a separate legally platted lot. (b) Required parking areas and garages shall be located to the rear of the building. (c) Parking shall be permitted in the required street side yard. (d) A home owner’s association shall be established and made responsible for the perpetual maintenance and repair of common areas. (e) The maximum number of units per building is 8. Single-family SF2, MF1, 14 (f) The minimum number units per building is 3. dwelling attached MF2 (g) Each dwelling unit shall have a front and a back door on the ground floor that exits to the exterior. (h) Each unit shall have 25% of the lot area in private open space on the lot with the unit. (i) Shared open space: each townhouse development shall have common open space not on the lot with the unit, accessible to all residents and not used for parking, storage, lift stations and the like. (j) Density in the MF2 District shall not exceed 21 units per acre. Solar energy systems are allowed, so long as they do not reflect light into All, where 15 Solar energy systems the public right of way or adjacent properties. permitted

16 Stable SFE A stable may not be used for commercial purposes. Single-family (a) Density may not exceed 10 units per acre. 17 MF1 detached (b) Limited to developments of at least 10 units. Two-family dwelling Minimum lot size shall be 3,875 square foot per dwelling unit (80% of 18 SF2 duplex allowed minimum for Single-Family Detached in SF2). Two-family dwelling Density may not exceed 17 units per acre. 19 MF2 duplex All, where Subject to the restrictions of chapter 82, article IV of the code of ordinances. 20 Garage sales permitted (a) Required parking areas and garages shall be located to the rear of the building. (b) The maximum number of units per building is 15. (c) The minimum number of units per building is three. Single-family 21 ACE (d) Common open space is required for each townhouse development dwelling attached and such common open space shall not be on the lot with the unit, shall be accessible to all residents, shall be within the boundary of the townhome subdivision plat, and shall not be used for parking, storage, lift stations or other similar uses.

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Article Three. Design and Compatibility Standards

Division 1. Property Development Standards

Table 3-1. Property development standards.

Zoning Category MU* NSC GC* LC ACE LI* HI*

Minimum Lot Size (square feet) 5,000 10,000 10,000 10,000 2,500 20,000 5 AC

Minimum Front Setback 15 15 25 0 0 35 50

Minimum Rear Setback 5 5 5 0 0 20 40

Minimum Interior Side Setback 5 5 5 0 0 5 10

Minimum Street Side Setback 10 15 25 10 0 25 50

Maximum Height (in feet) 40 35 60 60 60 50 60/75 Percent Maximum Lot Coverage 90 90 75 75 100 90 90

Minimum Lot Frontage Required (linear 50 60 60 Variable 25 60 60 feet) Zoning Category SFE* SF1* SF2 MF1 MF2 MF3 NC UN

Minimum Lot Size (square feet) 43,560 See Tb. 2-1 See Tb. 2-1 See Tb. 2-1 See Tb. 2-1 1.25 AC 5,400 5,400

Minimum Front Setback 25 15 15 20 25 25 15 15

Minimum Rear Setback 10 10 10 10 10 10 10 10

Minimum Interior Side Setback 15 5 5 7.5 15 15 5 5

Minimum Street Side Setback 25 15 15 20 25 25 10 10

Maximum Height (in feet) 50 35 35 35 50 60 35 40

Percent Maximum Lot Coverage 50 60 60 50 70 80 60 70 Minimum Lot Frontage Required (linear 125 75 50 25 20 60 50 50 feet) * Flag lots are permitted in this district that do not meet the minimum lot frontage required subject to the provisions of Section 3.01, subsection (e).

Sec. 3.01 Lots.

(a) Previously platted lots. No requirement of this section shall prevent the development of a legally platted lot approved by the planning and zoning commission prior to {Effective Date}, so long as the development meets all other applicable provisions of this ULDC.

(b) Area. Each lot shall have a minimum area. See table 3-1.

(c) Required frontage.

(1) Each lot shall have frontage on a dedicated public right-of-way on which a street is accepted and built to the city’s engineering standards or on a

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private, platted street that is built to the city’s engineering standards as set forth in table 3-1.

(2) Each lot shall have a minimum width no less than the lot’s minimum frontage width as set forth in table 3-1.

(3) Radial lots shall have at least 20 feet of frontage.

(d) Layout. Where lot lines intersect the right-of-way, the lot lines shall be at a ninety-degree angle with the right-of-way.

(e) Flag lots.

(1) A flag lot consists of a narrow strip of land called a staff that provides access from the public street to a principal portion of a lot. The staff of the flag lot must meet the minimum dimension requirements of subsection (4) below. The principal portion of the lot must meet the minimum property development standards set forth in table 3-1.

(2) Flag lots shall only be used to provide for vehicular access to the principal portion of a lot through a staff and shall not be allowed if access to a public street in accordance with the minimum property development standards set forth in table 3-1 is available.

(3) The staff portion of the lot shall only be used for vehicular access purposes.

a. The staff portion of the lot shall be deed restricted so that it shall only be used for ingress and egress.

b. The restriction must preclude construction of any building, structure, wall or fence within those portions.

c. The restriction must clearly indicate any portion of the staff that is to be used as a joint or shared access.

(4) Dimensions.

a. If a flag lot that is zoned for single or two-family residential use derives access solely from its own staff, the minimum width of the staff shall be 20 feet.

b. If a flag lot that is zoned for any non-residential or multifamily use derives access solely from its own staff, the minimum width of the staff shall be 24 feet.

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c. If a flag lot derives its access in common with another lot, the combined common access shall have a minimum width of 20 feet.

Sec. 3.02 Setbacks.

(a) Double frontage lots shall have setbacks that are at least equal to the required front or side yard setbacks of adjacent lots.

Figure 3-1. Double Frontage Lots

(b) Parking stalls and drive aisles shall be allowed within all setbacks. Drive aisles with ingress/egress access to a collector or arterial street shall not be located parallel to a street so that turning movements occur within 20 feet of the property line. There shall be no parking stalls located along the entrance driveway/apron to the drive aisle, which may interfere with stacking of vehicles upon entrance to the property.

Figure 3-2. Parking stalls and drive aisles.

Appropriate Configurations

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Inappropriate Configurations

(c) The following features may be located within required setbacks so long as they are in conformance with the visibility triangle standards in section 122-3 of the code of ordinances:

(1) Trees, shrubbery or other features of natural growth;

(2) Fences or walls may be placed in the front, side or rear yard setbacks provided that they do not violate sight triangles and provided that fences in the front yard setback are non-opaque;

(3) Off-street parking areas and sidewalks;

(4) Signs, if permitted by chapter 118 of the code of ordinances;

(5) Bay windows, architectural design embellishments and cantilevered floor areas of buildings that do not project more than two feet into the required setback;

(6) Eaves that do not project more than 2 feet into the required setback;

(7) Open outside stairways, entrance hoods, terraces, canopies, carports and balconies that do not project more than five feet into a required front or rear setback or more than two feet into a required side setback;

(8) Chimneys, flues and ventilating ducts that do not project more than two feet into a required setback and when placed so as not to obstruct light and ventilation;

(9) Open, unenclosed porches that do not project more than five feet into a required front or rear setback or more than two feet into a required side setback;

(10) Utility lines, wires and associated structures, such as power poles; and

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(11) Mechanical equipment, such as air conditioning units, pool filtering and heating equipment, water softeners and similar equipment, if the equipment does not restrict pedestrian access through such setbacks and if it is totally screened from view from abutting property and rights-of-way by fences, walls or landscaping.

Sec. 3.03 Height.

(a) Buildings. Each zoning district shall have a maximum building height as specified in table 3-1.

(1) Building height shall be measured as the vertical distance between the average finished grade at the base of the building and the mean height of the roof. The mean height of the roof is determined by averaging the highest and lowest points of the roof.

(2) For fences or walls, height shall be measured on the side with the least vertical exposure above the finished grade to the top of the fence or wall.

(3) Buildings in the Heavy Industrial (HI) Zoning District have a maximum height of 60 feet unless the entire building is equipped with a National Fire Protection Association (“NFPA”) 13 fire sprinkler system, then the maximum height shall be 75 feet.

(b) Exemptions. The following structures and features shall be exempt from the height requirements of this ULDC to the extent indicated:

(1) Chimneys;

(2) Cupolas, widow walks;

(3) Utility poles and support structures;

(4) Cooling towers and ventilators;

(5) Municipal or other state or county government utility infrastructure; and

(6) Spires and church steeples.

Sec. 3.04 Lot Coverage

Each lot or tract shall conform to the maximum lot coverage standard shown in table 3-1.

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Division 2. Operational Performance Standards

Sec. 3.05 Purpose. The operational performance standards of this division are intended to protect the health, safety and welfare of the citizens of the city by regulating potential nuisance features associated with certain land uses.

Sec. 3.06 Applicability. The operational performance standards of this division shall apply to all uses, buildings and structures within the city unless otherwise specifically indicated.

Sec. 3.07 Exemptions. The following are exempt from the operational performance standards of this division:

(a) Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and

(b) Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public right-of-way or easement.

Sec. 3.08 Standards. Under this division, the following standards shall apply:

(a) Noise. Sites shall be laid out and uses shall be operated to prevent noise from becoming a nuisance to adjacent single-family and duplex uses and NC-zoned sites;

(b) Vibration. All uses shall be operated so that ground vibration is not perceptible outside the lot lines of the site on which the use is located;

(c) Fire and explosive hazards. Underground storage tanks for flammable liquids and gasses shall be located at least 50 feet from the lot line of lots zoned NC or that contain a single-family or duplex use; aboveground tanks shall be set back at least 100 feet from such lot lines, unless the board of adjustment determines, based on information provided by the applicant, that a 50-foot setback will ensure compliance with all applicable state standards. The storage tank setback requirements of this subsection shall not apply to tanks that are necessary to single-family or duplex units;

(d) Light and glare. The following operational performance standards shall apply:

(1) All exterior lighting shall be hooded or otherwise shielded so that the light source is not directly visible from property that is zoned NC or that contains a single-family or duplex use;

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(2) All lighting shall be shielded so that substantially all emitted light falls within the property line of the property from which the light emanates;

(3) All exterior building floodlights shall be shielded so that all emitted light falls upon the property from which the light emanates;

(4) No illumination shall produce direct, incident or reflected light that interferes with the safe movement of motor vehicles on public streets. The types of lighting that shall be prohibited by this subsection shall include but not be limited to any light that may be confused with or construed as a traffic control device and any animated, flashing or changing intensity lights, except for temporary holiday displays; and

(5) Electromagnetic interference. No operations or activities shall be conducted that cause electrical disturbances to be transmitted across lot lines.

Sec. 3.09 Compliance. Any use existing on August 7, 1995, that does not comply with one or more of the operational performance standards of this section shall not be deemed a nonconforming use for the purposes of this ULDC.

Division 3. Non-Residential Zones

Sec. 3.10 Applicability. Any parcel zoned one or more of the Non-Residential Zoning Categories shall comply with the masonry, architectural and site design standards listed in this section.

(a) Masonry.

a. All buildings other than accessory use buildings shall have all exterior walls constructed using masonry materials in accordance with the minimum masonry materials coverage percentage shown in table 3-2, exclusive of doors and windows, according to the zoning district in which the building is located and street on which the building faces.

(1) Rear facades facing a public street or parking lot shall be considered a side façade and shall be subject to the side façade standard applicable to that zoning district and street classification as shown in table 3-2.

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Table 3-2. Non-residential minimum masonry requirement. Zoning Building Arterial Street Standards Collector and Local Street Standard District Square (% minimum requirement - reduced % (% minimum requirement - reduced % Footage minimum requirement) minimum requirement) Front Side Rear Front Side Rear GC - 80 – 40 50 – 25 0* 60 – 30 20 – 10 0* NSC - 80 – 40 50 – 20 0* 60 – 30 40 – 20 0* MU No Masonry Standard LI 0-50K 75 – 70 75 – 35 0* 60 – 30 60 – 30 0* 50K-100K 60 – 50 60 – 30 0* 40 – 20 40 – 20 0* 100K and up 25 - 20 25 - 15 0* 20 – 10 20 – 10 0* HI No Masonry Standard Note: Rear facades facing a public street or parking lot shall be considered a side façade and use the side façade standard applicable to that zoning district and street classification.

(2) Reduction in masonry requirement. A reduction in required masonry, including any percentage from the “% minimum required” value to the “reduced % minimum requirement” value shown in table 3-2 shall be permitted if the following is provided:

b. Two trees and four shrubs per each forty linear feet of facade shall be planted forward of the front building line no more than 20 feet away from the façade in accordance with the landscaping installation and maintenance standards in chapter 18, article XIV of the code of ordinances, and;

c. The front façade shall be constructed of at least fifty percent exterior glazing; or

d. Other materials or a combination of severe weather rated brick, stone and other materials may be granted by the director based on and considered for:

1. Architecturally significant and creative design; or

2. Architectural styles such as, but not limited to, Queen Anne, Victorian, English Tudor, Italian Villa, or Log designs; or

3. Compatibility with developed properties within the same neighborhood.

e. A masonry modification request that has been denied by the director may be submitted to the planning and zoning commission

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for reconsideration. A masonry modification request that has been denied by the planning and zoning commission may be submitted to the city council for reconsideration. The council’s decision on the reconsideration is final.

f. Requests going before the planning and zoning commission or city council for masonry modification will be processed according to the procedures in this ULDC. b) Architectural. The following standards apply only to building facades that face a street and to each whole story that is completely or partially within forty feet in height as measured from the finished floor elevation:

(1) Articulation and Relief.

a. Buildings over forty feet in length shall utilize pilasters, columns, niches, or other variations in building plane in order to add building relief of at least twelve inches.

b. Buildings over 25 feet in height shall utilize ledges, brick or stone courses, or other variations in building plane in order to delineate each story.

(2) Style Elements. Style elements affect the building(s) entrance treatment and hierarchy, provide for architectural embellishment, or enhance the transition from public property to private property.

a. Buildings facing a collector or arterial street shall be required to utilize two different style elements.

b. Acceptable style elements include: recessed entries, stoops, storefront bay windows, public/private entrance differentiation, permanent decorative awnings, canopies, overhangs, porches, arcades, balconies, outdoor patios, public art displays, and plaza space. c) Site Design.

(1) Sidewalks in conformance with chapter 122 of the code of ordinances shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy or completion for a new commercial building.

(2) A connection from the primary building entrance to the public sidewalk system shall be provided using an all-weather surface.

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(3) Detention facilities shall be setback at least thirty feet from all public rights-of-way and shall be screened from view from public streets. See screening standard in table 2-4, condition A,1. Detention facilities may encroach into the required 30 foot setback if they are designed and maintained as a landscaped feature.

d) Landscape. The standards for landscaping are set forth in chapter 18 of the code of ordinances.

Division 4. Residential Zones

Sec. 3.11 Applicability, lots under 43,560 square feet.

Any building on a lot smaller than 43,560 square feet, with the exception of manufactured housing, or a building containing two or more dwelling units shall comply with the masonry, architectural and site design standards listed in this section.

(a) Masonry.

(1) Buildings in subdivisions platted after {Effective Date}, shall have all exterior walls constructed using masonry materials covering at least sixty percent of said walls, exclusive of doors and windows.

(2) A combination of at least three materials shall be used, two of which shall be masonry.

(3) Materials shall be used consistently on the same building plane. The minimum offset to establish a new building plane is 6 inches.

(b) Architectural.

(1) New residential dwellings shall be constructed using at least two of the following design features to provide visual relief along the front of the residence (illustrated in figure 3-3): 1) Dormers; 2) Gables; 3) Recessed Entries (3-foot minimum); 4) Covered Front Porches; 5) Cupolas; 6) Pillars or Posts; 7) Bay Windows (24-inch minimum projection); or 8) other equivalent design feature approved by the director.

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Figure 3-3. Style Elements

(2) Front facing windows shall be provided with trim or shall be recessed. The windows shall not be flush with exterior wall treatment and shall be provided with an architectural surround at the jamb.

(3) Roofs shall have a minimum pitch of 12:4. Mansard roofs shall be allowed.

(c) Site Design.

(1) Sidewalks in conformance with chapter 122 of the code of ordinances shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy for a new residential building.

(2) Entrances to attached garages shall have a 25 foot setback from the front property line and shall not exceed 35 feet in width or occupy more than forty percent of the total building frontage, whichever is greater. The 25- foot setback does not apply to attached side entry garages.

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Figure 3-4. Garage Setback Options

(3) Mechanical equipment shall not be located in the front yard. Mechanical equipment may be allowed in the street side yard setback if screened from view of the public right-of-way.

Sec. 3.12 Applicability, buildings with multiple units.

Any residential building designed for multiple units, including duplex or two-family either for rental or condo ownership shall comply with the masonry, architectural and site design standards listed in this section.

(a) Masonry.

(1) Sixty percent of the total exterior wall area of the first floor of each building elevation shall be constructed of masonry materials, excluding doors and windows.

(2) Thirty percent of the total exterior wall area of the each floor above the first floor of each building elevation shall be constructed of masonry materials, excluding doors and windows.

(b) Architectural.

(1) Building Articulation.

a. Building frontages greater than seventy-five feet in length shall have recessed places, projections, windows, arcades or other distinctive features to interrupt the length of the building façade.

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b. Front and street sides of buildings visible from the public right-of- way shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15% of all exterior wall area.

(2) Stairwells. Open, unenclosed stairwells shall not be allowed along any façade facing a public street or private street system.

(3) False door or window openings. Use of false door or window opening shall be defined by frames, sills and lintels.

(c) Site Design.

(1) Parking areas designed to serve multi-unit dwellings shall not be located between residential buildings and the street or drive isle system.

(2) Sidewalks in conformance with chapter 122 of the code of ordinances shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy for a new multi-unit dwelling.

(3) Building Orientation:

a. Building(s) located on parcels that are adjacent to SFE, SF1 SF2, or MF1 zones shall have a maximum height of forty foot or shall be constructed in conformance with the requirements of the thirty- five degree angle residential proximity slope (see figure 3-6).

Figure 3-5. Building Orientation

b. Building(s) located on parcels that are adjacent to SFE, SF1 SF2, or MF1 zones shall have a fifteen foot building setback and shall

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provide an opaque screening device. Parking, dumpsters, and mechanical equipment shall not be allowed within the setback.

c. Buildings shall front on public streets and/or private street systems.

(4) Developments shall provide a private driving aisle system consisting of limited access driveways. At least one side of the private driving aisle system shall include sidewalks at least five foot wide and a planting strip between the driveway and sidewalk at least five foot wide that includes street trees thirty foot on center. The private street system shall provide vehicular and pedestrian access to all parking areas and on site amenities and must connect to the public sidewalk system in the public right-of-way.

(5) Recreation Space:

a. Each development shall provide at least one hundred square feet of outdoor recreation space per dwelling unit that is intended to serve the entire development. Open space in the required setbacks can not be counted.

b. Outdoor recreation space shall be turf area at least 3,000 square foot in size with maximum slopes of three percent.

c. One perimeter shade tree is required for each 1,000 square foot of outdoor recreation space.

Sec. 3.13 Applicability, manufactured housing. Manufactured housing units shall comply with following standards:

a) Roof. A roof must be predominantly double pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run. The roof must be covered with material that is commonly used on site-built single-family dwellings within the city, including but not limited to wood, asphalt composition shingles or fiberglass, and excluding corrugated aluminum, corrugated fiberglass or corrugated metal. The roof shall have a minimum eave projection and roof overhang of eight inches.

b) Siding. Exterior siding shall be of a material commonly used on site-built single- family dwellings within the city, which material does not have a high-gloss finish and which may include wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall, or the joint between siding and enclosure wall shall be flashed in accordance with building codes.

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c) Transport Equipment. All manufactured homes must remove running gear, tongues, axles and wheels at the time of installation of the home on the parcel.

d) Finished Floor Elevation. The finished floor elevation of the residential design manufactured housing unit shall be a maximum of 24 inches above the exterior finished grade of the lot on which it is located, as measured at the main entrance into the dwelling.

e) Attached Additions. Any attached addition to a residential design manufactured housing unit shall comply with building code requirements. All of the design standards of this division shall apply to all additions.

f) Garages. Any attached addition to a residential design manufactured housing unit shall comply with building code requirements. All of the design standards of this division shall apply to all additions.

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 (MF1). New development that is zoned MF1 and located adjacent to a property zoned NC, UN, SFE or SF1 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 NC, UN, SFE or SF1.

b) Mid-rise density mixed residential dwellings (MF2). New development that is zoned MF2 and located adjacent to a property zoned NC, UN, SFE, SF1 or SF2 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 NC, UN, SFE, SF1 or SF2. 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 dwelling units (MF3). New development that is zoned MF2 and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, or MF1 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 NC, UN,

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SFE, SF1, SF2, or MF1. Any building over 40 feet in height also shall comply with the residential proximity slope in section 3.12(c)(3) of the ULDC. d) Neighborhood Serving Commercial (NSC). New development that is zoned NSC and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, SF3, MF1 or MF2 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 NC, UN, SFE, SF1, SF2, SF3, MF1 or MF2. e) General Commercial (GC). New development that is zoned GC and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, SF3 or MF1 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 NC, UN, SFE, SF1, SF2, SF3 or MF1. 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 NC, UN, SFE, SF1, SF2, SF3, MF1, 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 NC, UN, SFE, SF1, SF2, SF3, MF1, 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 (LI). New development that is zoned LI and located adjacent to a property zoned NC, UN, SFE, SF1, SF2, SF3, MF1, MF2, MF3, NSC or GC 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 NC, UN, SFE, SF1, SF2, SF3, MF1, MF2, MF3, NSC or GC. 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 NC, UN, SFE, SF1, SF2, SF3, MF1, 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 adjacent to a property zoned NSC and GC shall meet all the requirements of the Property Development Standards table in Article Three, Division 1 of the ULDC, provide a

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minimum 300-foot building setback between any property zoned NSC or GC. Within the setback a 100-foot vegetative buffer and a 6 foot tall opaque screen shall be installed between any property zoned 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.

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 3, 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 NC, UN, SFE, SF1, SF2, MF1, MF2 or MF3 zoned properties.

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

Abandonment means a use or structure that is determined to be abandoned by the nonconformities section of this ULDC.

Abattoir means a building used for the slaughtering of animals and includes the processing and storage of animal products and waste that results from the slaughtering process.

Accessory dwelling unit means a secondary dwelling unit established in conjunction with a primary dwelling unit, clearly subordinate to that primary unit. Accessory dwelling units are commonly referred to as granny flats. Accessory dwelling units are not intended for sale or to be rented.

Accessory use means a use incidental and subordinate to the principal use, located on the same lot as the principal use and in the same zoning district.

Agriculture refers to land that is actively used in the production of food or fiber. Farming may include plowing, tillage, cropping, installing best management practices, seeding, cultivating, harvesting and storing food or fiber produced on site. Farming excludes commercial logging and timber harvesting. Storage, packaging and treatment of such food and fiber shall be an accessory use to the production of such food or fiber. This use does not include feedlots.

Animal hospital means a building in which animals and pets are given medical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and such boarding shall be incidental to the hospital use.

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Approved means as approved by the city of Baytown authority having jurisdiction.

Arterial street means a high volume, medium speed (up to 45 mph) medium capacity street usually shown on the major thoroughfare plan map

Assisted living facility means a facility regulated by V.T.C.A. Health and Safety Code, ch. 247 that provides room, board, and personal care services to its residents within a structure containing multiple living quarters for seven or more elderly or disabled persons who are unrelated to the owner of the establishment by blood or marriage. Assisted living facilities for six (6) or fewer disabled persons are considered and regulated as group homes for disabled persons.

Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building.

Automobile repair, major means repairs of a nature that usually cannot be done quickly and which will encompass more highly skilled work. Such repairs include removal of the engine head or pan, engine transmission or differential. Often this work is necessary because of a major component failure or an accident. These types of repairs cannot be done while the customer waits, and will often take more than one day to complete. Such repairs include, but are not limited to:  Accident repairs;  Automotive machine shops;  Framework and frame straightening;  Grinding valves, cleaning carbon or removing the head of engines or crankcases;  Major engine repair, replacement, rebuilding or reconditioning;  Paint and body work;  Radiator re-coring and rebuilding;  Replacement of body parts and fenders;  Sandblasting as an accessory use only;  Tire recapping;  Transmission and differential repair, replacement, or rebuilding; and  Welding.

Automobile repair, minor means repairs of a nature that can usually be done quickly with minimum noise, odor or other negative impacts. This includes preventative maintenance or replacement of easily accessible parts that routinely wear out. This does not include removal of the engine head or pan, engine transmission or differential. These types of repairs can be often done while the customer waits, and usually will not take more than one day to complete. Such repairs include but are not limited to:  Air conditioning maintenance and refrigerant replacement;  Audio installation and repairs;  Brake pads, shoes, rotors and drums replacement;  Chassis lubrication;  Electrical components repair and replacement;  Fuel injection systems and carburetor replacement;  Fuel pumps and fuel lines;  Ignition systems, sparkplugs, and batteries;

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 Motor oil, engine cooling and lubrication, brake fluid, transmission and other fluid replacement;  Mufflers, tailpipes, water hoses, fan belts, headlights and light bulbs, floor mats, seat covers, wipers and wiper blades, and replacement of grease retainers and wheel bearings;  Rustproofing;  Sale of gasoline;  Sandblasting as an accessory use only  Shock absorbers or other suspension systems replacement;  Tire replacement, repair and servicing, but no recapping;  Tuning engines, with the exception of grinding valves, cleaning carbon or removing the head of engines or crankcases;  Washing, polishing and detailing;  Wheel balancing and alignment;  Windshield, window replacement; and  Wiring repairs.

Barn means an accessory building used exclusively for the non-commercial storage of animal feed and/or the sheltering of livestock or farm equipment.

Bars and lounges means establishments that are devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

Berm means a mound or embankment of earth, man made, usually two to six feet in height.

Big box means a singular retail user occupying 35,000 square feet or more of gross floor area, requiring high parking-to-building ratios, and having a regional sales market. The singular retail user may include internal leased space for coffee shops, banking, photography, limited service food and other similar personal services.

Boardinghouse means a multifamily residential use providing room and board, common eating, and sanitary facilities for five (5) or more persons, but not exceeding 20 persons, with two or more rooms that are rented or intended to be rented, but which rooms, individually or collectively, do not constitute separate dwelling units.

Boat and boat parts and accessories sales means a retail facility for marine vehicles 16 feet or greater in size and the accessories thereto.

Boat and RV storage means a facility which is used for the temporary location of boats and recreational vehicle for a fee. This may include a boat slip or boat yard where the storage is covered or uncovered dock space or enclosed dry dock storage.

Brick means kiln fired clay or shale brick manufactured to ASTM C216 or C652, Grade SW. This includes concrete brick if the coloration is integral, shall not be painted, and it is manufactured to ASTM

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C1634. An applied brick veneer means a minimum thickness of two and one quarter inches that does not include underfired clay or shale brick.

Building envelope means the three dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks and maximum height.

Building, heating, plumbing, service contractors, or contractors in general means a business involving the administration and implementation of multidiscipline projects. Requires vehicle and equipment parking and the storage and warehousing of supplies and materials including outdoor storage.

Campground means an area on which campsites intended for occupancy overnight or longer by persons using a tent, recreational vehicle, motor home, or mobile trailer for dwelling, lodging or sleeping purposes and is held out as such to the public. Campground does not include any manufactured housing community.

Clinic means a facility used by licensed physicians, dentists, or other health care professionals for the purpose of providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis where overnight lodging is not routine, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors. Clinics include immediate care facilities where emergency treatment is the dominant form of care.

Code of ordinances means the city of Baytown’s code of ordinances as set forth at Section 1-1 of the Code, constituting the “code of ordinances.”

Collector street means a relatively low volume street providing circulation within and between neighborhoods. They collect traffic from local streets and distribute them to arterials and may be shown on the major thoroughfare plan map.

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property that: (1) has a gross combination weight rating of 26,001 or more pounds including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (2) has a gross vehicle weight rating of 26,001 or more pounds; or (3) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

Community building means a building to be used for entertainment, recreation, and management that is designed to serve the residential area (primarily townhouses and/or multifamily) in which it is located.

Community service means a use conducted by or a facility or structure owned or managed by the federal, state, county or city government or other government entity that provides a governmental function or service for public benefit, such as libraries, schools, post offices, police and fire stations, public utilizes but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.

Conditions means a set of standards with which a property owner must comply in order to obtain any land development permit.

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Container means a reusable transport and storage unit for moving products and raw materials between locations or countries, typically made of corrugated weathering steel with a fitted door at one that is designed to allow multiple units to be craned, fitted and locked for stacking purposes. While containers range in size depending on their cargo and method of transport, they are generally between 8 feet wide by 8 feet tall by 20 feet long and 9 feet wide by 11 feet tall to 53 feet long.

Country club means a building or a campus that provides facilities for the purpose of recreation, athletic, and social activities for paying members, their families and invited guests. The buildings and facilities are owned by a corporation operated as a non-profit.

Day care means a non-residential facility providing care for more than six children or six adults at one time and licensed by the state as a group day care center. Such a facility may also be known as a nursery school, day nursery, child care center, day care center for school aged children after school program, or a Head Start program center. It excludes public and private schools or any facility that offers care to individuals for any full 24 hour period.

Decorative concrete block means concrete block with a highly textured finish, such as split faced, indented, hammered, fluted, ribbed or similar architectural finish. The coloration shall be integral to the masonry material and shall not be painted on. Decorative concrete block includes light weight and featherweight concrete block or cinder block units and has a minimum thickness of three and five eighths inches when applied as a veneer.

Decorative precast concrete panels means products often associated with tilt-up wall construction but is only considered decorative precast concrete panels if post-constructed wall areas have a highly textured finish, integral color or are covered by defined masonry materials that can be laid up unit by unit set in mortar and meet the required percentage of coverage as defined in this ULDC.

Destroyed structure refers to a structure which, upon determination by an appraisal, requires repairs exceeding 50 percent or more of the appraised value of the structure.

Detention basin means an excavated area that is designed by a professional engineer to temporarily hold and slowly drain excess storm water in order to allow water levels in the receiving channel to recede. Detention basins, which are often called “dry ponds” or “detention ponds” are not the same as retention basins which are designed to hold water indefinitely.

Development review committee or DRC means that committee described in section 1-10 of this ULDC.

Director means the city’s director of planning and development services.

Disabled person refers to a person that has one of the following: 1) a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; 2) a record of having such an impairment; or 3) being regarded as having such an impairment. The term "disabled" shall not include current illegal use of or addiction to a controlled substance.

Dog run means an enclosed outdoor area intended for exercise and containment of a dog.

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Dormitory means a building that is owned and/or operated by an educational institution whose primary purpose is to provide living accommodations for individuals associated with the institution. The term “dormitory” shall not include for-profit facilities operated on or near a university campus that provide the same or similar services as a dormitory.

Dwelling Unit means a building or portion of a building, other than a mobile home, that is arranged, occupied or intended to be occupied as a residence and includes facilities for sleeping, cooking and sanitation. Dwelling units are further defined as follows:

(1) Detached single-family dwelling means the use of a lot for one dwelling unit that has no physical connection to another dwelling unit or building;

(2) Attached single-family dwelling means the use of a lot for one dwelling unit that is joined to another dwelling unit on an adjacent lot at one or more points by a party wall or abutting separate wall, including but not limited to row houses and townhomes; and

(3) Duplex dwelling means the use of a lot for two dwelling units within a single building.

Eating establishment, full service means an establishment maintained, operated and held out to the public to be a place where food and beverage are served to the public on demand from a menu during stated business hours. This may include incidental take out and delivery services limited to two or less delivery vehicles. Alcohol may be served if all applicable local, state and federal codes are met.

Eating establishment, limited service means a restaurant which includes three or more of the following characteristics: 1) 45 % or more of floor area is devoted to food preparation, employee work space and customer service; 2) a permanent menu board is provided; 3) customers self bus tables and empty trash; 4) seating is usually stationary and hard finished; and 5) most main course food is not made to order.

Entertainment, outdoor means any commercial recreational land use conducted primarily outdoors whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Uses may include, but are not limited to, water parks, golf courses, miniature golf courses, country clubs, athletic fields, and amusement parks.

Entertainment, interior means establishments that are primarily enclosed within a building including motion picture theaters, comedy clubs, art galleries and studios, concert or music halls, (not including adult entertainment of any kind) and which may include such activity centers as indoor miniature golf courses, athletic and health clubs, billiard halls, bowling alleys, arcades, skating and similar uses, and such accessory uses as restaurants and bars.

Equipment sales and rental facility means an establishment that is engaged in the sale or rental of tools, tractors, construction equipment, farm equipment, other similar industrial equipment. This includes the servicing of such equipment.

Equipment storage means the storage of any equipment outdoors. The term does not include equipment that is loaded on to a trailer. The term does not include new vehicles or new equipment that is

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advertised for sale as part of the primary use of the business, such as lawnmowers or playground equipment displayed outside of a retail goods establishment.

Extraterritorial jurisdiction means that land within 3½ miles of the corporate limits of the city or as otherwise established by state law.

Evergreen screen means an arrangement of evergreen shrubs and/or trees that creates a continuous opaque visual screening device at least 6’ in height as measured after the first full growing season.

Excavation means any act by which soil, earth, clay, sand, gravel, rock, loam, caliche, dirt, humus or any other similar matter is dug, cut into, quarried, uncovered, removed, displaced, relocated or bulldozed over five feet in depth in the earth.

Extended stay motel means a motel designed or intended to be used as lodging and which contains kitchen facilities (e.g., refrigerator, stove, oven, sink) for food preparation in each room. An extended stay motel shall not include dwelling units as defined in this ULDC and the International Residential Code.

Family home day care means a dwelling in which a resident of the dwelling provides day care of children, meeting all requirements of state law, the administrative code and this ULDC.

Family means a group of two or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than six persons not related by blood, marriage or adoption that are living together in a dwelling unit.

Fence means a barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials or other materials defined in chapter 18 of the code of ordinances erected to enclose, screen, separate or decorate areas.

Fire station means a structure for storage of firefighting apparatus (i.e., fire engines and related vehicles), personal protective equipment, fire hose, fire extinguishers, and other fire extinguishing equipment. It may have dormitory living facilities and work areas such as meeting rooms, workshop, or laundry. Living areas are sometimes arranged above the garage bays.

Footprint, building means the horizontal area as seen in plan view and measured from the outside of all exterior walls and supporting columns. It includes residences, garages, covered carports and accessory structures for which a permit has been obtained. It does not include patios, porches, trellises and decks that are 30 inches or less above the ground.

Garage sale means a sale as defined in section 82-201 of the code of ordinances.

Gas station minimart means a facility of less than 4,000 square feet of floor area 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.

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Gas station minimart with limited food preparation means a facility associated with the sale of retail gasoline products that also offers for sale prepackaged food and tangible consumer goods for self service by the customer and limited food preparation.

Gas station means a site used for the retail sale of automobile fuels, oils, travel aids, and accessories, where minor automobile repair or service, if any, is incidental. The gas station may include the sale of propane or kerosene as accessory uses.

Gas well means a well producing natural gas, including all of its constituent elements including gasoline, distillates, butanes, propane, and other hydrocarbons, and which produces less than one barrel of oil to each 100,000 cubic feet of gas.

Gazebo means a residential accessory structure that is a covered, free-standing structure used for outdoor gathering.

General retail means the sale of goods and/or services directly to the consumer where such goods are available for immediate purchase.

Glazing means a transparent part of a wall or door made of glass.

Golf course means land designed and built for the purpose of playing golf and may include a club house and a golf cart barn. The term does not include putt-golf, miniature golf, or driving ranges.

Gravel pit means an open land area where sand, gravel, dirt, and rock fragments are mined or excavated for sale or for off-site use.

Grocery or drug store means an establishment that uses the premises to sell to the ultimate end user, food or drugs, including food and drugs which are manufactured on the premises as an integral part of the retail operation, and includes any such premises which may be described as a warehouse store, discount warehouse, or factory outlet, or a warehouse or wholesale club whose membership is open to other than institutions, government agencies and business.

Group home for substitute care means a facility regulated by the state that provides for the placement of six (6) or more children who are in the conservatorship of the state department of protective and regulatory services, the state department of family and protective services or another state-authorized agency in care outside the children's homes. The term includes group foster care homes, institutional care, adoption centers, or commitment to the state Texas youth commission. Nothing in this ULDC shall be interpreted to restrict the right of a private homeowner to act as a placement option for a relative or to provide state regulated foster care for less than five (5) or fewer children that are in the conservatorship of the state.

Group home for the disabled means a dwelling shared by no more than two (2) resident staff and six (6) disabled persons who are unrelated to the owner of the dwelling by blood or marriage, who live together as a single housekeeping unit in a long-term, family-like environment, in which staff persons provide care services, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible. The term "group home for the disabled"

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shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration.

Guest housing means attached or detached building that provides living quarters for guests and contains no kitchen or cooking facility. It is a building that is clearly subordinate and incidental to the primary residence on the same lot.

Guest parking means a parking area used exclusively by the guest of residents of the townhouse or multifamily development in which it is located.

Halfway house means a state licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the state department of corrections.

Heavy industrial means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, including, but not limited to uses that have potentially significant external effects due to the involvement of hazardous materials or commonly recognized offensive conditions such as the use of explosives, radioactive materials, poisons, pesticides, or herbicides.

Homeless shelter means a building providing temporary shelter to indigent, homeless people.

Home occupation means work that is carried out in a dwelling by the resident thereof and is an incidental use to the primary use of the dwelling.

Hospital means an institution that is licensed by a state agency to provide primary health services and medical or surgical care to persons, primarily in-patients, suffering from a variety of abnormal physical or mental conditions where overnight care is available. A hospital may include various medical support and accessory uses such as: laboratories; outpatient facilities; training facilities; short-term, on-site medical waste storage (not disposal); short-term warehousing and storage of medical-related equipment and supplies; garages; and other facilities commonly associated with medical institutions.

Hotel and motel means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests and is not a rooming house or boarding house.

Industrialized housing means a residential structure that is: 1) designed for the occupancy of one or more families; 2) constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and 3) designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

Junk shall have the meaning ascribed to it in section 82-131 of the code of ordinances.

Junk dealer shall have the meaning ascribed to it in section 82-131 of the code of ordinances.

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Junk or salvage yard: shall have the meaning ascribed to “junk yard” in section 82-161 of the code of ordinances.

Kennel means any lot, enclosure, premises, structure or building or outside feature where four or more dogs over the age of six months are kept or maintained for the purpose of boarding or breeding.

Kitchen means a room intended and designed to be used for food preparation and meeting the requirements of the international building code for the use for which it is intended (e.g., residential or non-residential).

Landfill, sanitary means a site for the burial of non-hazardous and non-medical farm, residential, institutional, commercial, municipal and industrial waste.

Laundry building means a facility where residents of a multifamily dwelling development may wash and dry their personal laundry.

Light industry means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, incidental storage, sales and distribution of such products and excluding heavy industry. Light industry is capably of operating in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, particulates, light, vibration, odor and the like and does not pose significant risks from explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing, packaging, fabricating, assembling, or distributing processes.

Live outdoor exhibitions means any live performance outdoors and includes such activities as exhibitions, carnivals, circuses in which humans, animals or machines perform. Such term means and includes those events that are regulated pursuant to chapter 42, article V of the code of ordinances.

Livestock means any grazing animal, including but not limited to cattle, horses, mules, asses, burros, sheep and goats.

Loading dock means a recessed bay (in a well) in a building or facility or on a raised slab where trucks are loaded and unloaded. They are commonly found on commercial and industrial buildings and warehouses in particular. The mere existence of an overhead door does not make a location a loading dock. Loading docks may be exterior, flush with the building envelope, or fully enclosed. They are part of a facility's service or utility infrastructure.

Lot means a parcel of land recorded in the public records of the county, or a parcel described by metes and bounds, the description of which has been so recorded. This definition does not address the requirements of the subdivision regulations.

Lot coverage means that portion of the lot that is covered by buildings, structures, or any other manmade improvement on the ground surface which are more impervious than the natural surface, such as paving, driveways, etc. Detention basins lined with asphalt, concrete, rock or any other like materials are considered impervious surfaces for the purpose of calculating lot coverage.

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Lumber and other building materials, retail means an establishment where lumber and other building materials such as brick, tile, cement, insulation, roofing materials, and the like are sold at retail. The sale of items such as heating and plumbing supplies, electrical supplies, paint, glass, and hardware is permitted since it is customarily incidental to the sale of lumber and other building materials.

Management office, on site for multifamily and single-family dwellings means a room or suite of rooms set aside for the use of persons who run the business of leasing or renting dwellings, running the homeowners association, or maintaining the grounds or buildings. Does not include the outside storage of lawnmowers and other equipment or materials for maintenance.

Manufactured home means a single-family detached dwelling that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Sec 5401), also known as the “HUD Code.”

Major thoroughfare means a designation of collector, minor arterial or principal arterial that may be set forth on the city’s major thoroughfare plan.

Masonry materials means and includes that form of construction defined below and composed of clay brick, natural stone, decorative concrete block, stucco, glass block, tilt-wall, rock or other materials of equal characteristics laid up unit by unit set in mortar. The following materials shall not qualify nor be defined as “masonry materials” in meeting the minimum requirements for exterior construction of buildings, unless specifically approved by variance: exterior plasteror mortar wash surface material; exterior insulation and finish systems (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material; cementitious fiber board siding (such as “Hardy Plank” or “Hardy Board”).

Medical equipment storage and/or research facilities means a facility whose primary function is the warehousing and storage of medical equipment or the conducting of medical-related research activities totally within an enclosed building.

Medical services establishment means a facility such as a clinic, hospital, laboratory, or medical waste storage and disposal, storage of medical equipment and research facilities.

Medical waste storage and disposal center means a facility whose primary function is to store and/or repackage medical waste for transportation to a processing facility.

Multifamily complex means any residential dwelling complex consisting of four or more units to include, but not be limited to common accessory structures such as garages, laundry buildings, and guest parking.

Neighborhood means: 1) A quarter (¼) mile (approximately 1,300 feet) radius around the nonconforming condition; 2) in commercial areas, the area along a transportation corridor that is between the two closed signalized major thoroughfare intersections in opposite directions from the nonconforming condition and that has a depth at least back to the local streets paralleling the major thoroughfares; or 3) If in a residential subdivision, the residential subdivision of at least ten lots may also meet these criteria.

Nonconforming structure means a structure in existence prior to the adoption of this ULDC that fails to meet one or more of the zoning standards in this code applicable to such structure.

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Nonconforming use means a land use in existence prior the date of adoption of this ULDC that fails to meet one or more of the zoning standards in this code applicable to such use.

Nursing home means an institution licensed by the State that provides meals, resident care and services for persons who are generally admitted for periods of time exceeding thirty (30) days. Such service includes custodial or attendant care, but may or may not provide for routine and regular medical and nursing services. The term nursing home includes care homes, homes for the aged, convalescent homes, rest homes, and other related institutions not otherwise defined in this section, where such persons are mostly incapable of self-preservation due to age, physical or mental disability, or because of security measures not under the occupants’ control. The term “nursing home” excludes facilities that provide surgical or emergency medical services or that provide care for alcoholism, mental disease, drug addiction or communicable disease.

Office means administrative, executive, professional, research or similar facilities that have limited customers. An office may be a room, a suite of rooms, or a portion of a building.

Oil well shall have the meaning ascribed to it in section 62-26 of the code of ordinances.

Opaque screening means a method of visually shielding or obscuring one abutting or nearby land use from another nearby or abutting land use. The opaque screen shall be made of any combination of the following: a minimum 6 foot high berm, fence, wall or evergreen screening shrubs 6 foot high at the at the time of installation or to be 6 feet high at the end of the first growing season with no visible breaks between shrubs or any combination of the four.

Open space means land use for recreation, resource protection, and/or buffers; usually privately owned and maintained.

Outdoor storage means the stockpiling, collection, or display of any products, materials, equipment, appliances, vehicles not in service and/or personal property of any kind on open land, or in a structure that includes a roof but has no side walls, or screening or walls without a roof. This does not include in- service vehicles that are on display in association with a vehicle sales, rental or leasing facility.

Overnight accommodations means temporary living quarters provided for public convenience including hotels and motels.

Package store (alcohol) means an establishment which may sell liquor in unbroken original containers on or from the licensed premises at retail to consumers for off-premises consumption only and not for the purpose of resale, except that if the permitee is a hotel, the permitee may deliver unbroken packages of liquor to bona fide guests of the hotel in their rooms for consumption in their rooms. Reference V.T.C.A., Alcohol Code, §11.29.

Packaging, means the placement of products into bulk containers or placing hazardous products in to containers of any kind for the purpose of transport to another location. Packaging does not include the placement of non-hazardous products into individual containers for shipment that are picked up on-site by the USPS, FedEx or similar carrier routinely allowed in residential areas.

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Park means public land set aside for recreation, culture or passive recreation uses for residents and workers and may include neighborhood parks, community parks and regional parks, trails and sports fields.

Parking, commercial means a parcel of land or a structure used for the temporary parking of vehicles for a fee which may be charged regardless of any other fee for the premises. Structure: a facility with one or more floors used for the temporary storage of vehicles. Delivery of items is not considered commercial parking.

Personal care home means a residential facility where room and board and personal care services are provided within a dwelling unit to not more than six (6) elderly persons, regardless of the relationship to the owner.

Personal care services means assistance with feeding, dressing, moving, bathing, or other personal needs or maintenance or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living environment or who needs assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person. Personal care services also include the administration of medication by a person licensed to administer medication, as defined by the V.T.C.A., Health and Safety Code, §247.002.

Personal service means an establishment engaged in the sale of frequent or recurring services on site such as hairdressing, barbershops, associated trade schools, and shoe repair. This does not include such services as real estate, attorney, accountant and the like which are categorized in office.

Personal storage building means a structure used for solely for the storage of inanimate objects that is not connected to a dwelling or other building and does not have water or sewer service.

Personal pleasure boat means a vehicle designed for operation in water by oars, sails or internal combustion engine for personal use.

Pet kennel means the temporary keeping of pets.

Pets means those animals and fowl normally domesticated in the United States, typically obtained at pet shops, and kept in or around the home for pleasure rather than utility, e.g., dogs, cats, canaries, mynahs, parrots, parakeets, fish, rabbits and rodents and excluding animals defined by state or federal regulations as wildlife, as set forth in state law and in chapter 14 of the code of ordinances.

Pet store means a retail store whose primary purpose is to sell products and services that support pets. The sale of pets, grooming and housing for pets shall be an accessory and incidental use in the pet store. Animal housed overnight shall be housed inside the pet store.

Place of assembly means a building or portions of a building in which facilities are provided for civic, educational, religious, deliberation or social purposes for regular or occasional use. Such facilities include theaters, lecture halls, places of worship, lodges, exhibit rooms, banquet facilities and other uses which meet the requirements for “places of assembly” or A1 through A5 occupancy under the International Building Code.

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Planning and zoning commission means the body appointed by the city council to exercise the powers and duties set forth at section 2-326 of the code of ordinances.

Police station means a building that accommodates police officers and members of staff. The building often contains offices and accommodations for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.

Private open space means usable open space directly associated with a dwelling unit or part of a common area of a development and having clearly delineated boundaries.

Private recreation space means privately owned, maintained and operated outdoor space for the refreshment and relaxation of mind and body through active or passive use.

Property line means the line bounding a parcel, lot or tract.

Public services means a service or a facility provided by a local, state, regional or federal agency that provides a service, function or activity for direct public benefit. This term does not include prisons.

Qualified applicant means the party that meets all the requirements under this ULDC in order to make application under this ULDC.

Radial lot means any lot located along a curved road or at the end of cul de sac, and where the distance along the road frontage is less than the amount required per the ULDC for that district. The minimum lot width must be met at the front building line. Side property lines should be radial to the curve of the road or cul de sac.

Recreational vehicle means a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation, and vacation use, which does not exceed eight feet in width and 40 feet in length, exclusive of tongue. The term recreational vehicle shall also include all portable structures which may be moved under their own power, towed, or transported by another vehicle, and for purposes of this chapter, shall also include other types of vehicles such as, but not limited to, trucks, vans and buses that have been converted to temporary dwellings for travel, recreation, and vacation use, regardless of size.

Recreational vehicle park means a lot used for the accommodation of recreational vehicles for vacation or short term transient lodging and which contains three or more of the following: on-site laundry, restaurant, recreation facilities such as swimming pools, fishing ponds, bicycle paths, a recreation hall or club house, or other similar features and does not contain facilities for the sale or repair of recreational or other mobile vehicles of any kind or for the sale of parts or accessories for such vehicles.

Recycling collection center means a facility at which fabricated paper, glass, metal and plastics are collected and bundled prior to shipment to end user.

Regional commercial means a large commercial development that offers services and products at a scale and function to serve a regional market. Regional market pertains to a broad geographic area rather than a single jurisdiction.

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Repair business means an establishment that primarily provides services to individuals and households, rather than to businesses and excluding automotive repair, large equipment repair or activities involving hazardous materials. Typical uses include appliance, shoe, watch or jewelry, computer and musical instrument repair, and the like.

Replacement oil or gas well means an oil or gas well drilled so the well and its housing and other appurtenances are in the same place on the site plan and so located on the property as the well it is meant to replace. “To replace” means that a well has been operating until the time that the work to replace it is commenced. Work to install a new well where an inoperative well exists is not replacement.

Residential proximity slope line means a line that describes a relationship between non-residential setbacks where the non-residential building exceeds the height of the adjacent residential building from which the non-commercial building is required to setback.

Resource extraction means the extraction of minerals including solids (gravel, dirt) or non-solids (gas and oil). Extraction as defined herein also includes the operation, milling, crushing, washing or other preparation customarily performed at the extraction site

Retail means the activity of offering to sell or rent, or to sell or rent merchandise to a consumer who buys or rents the merchandise as the ultimate consumer or end user, being the last person in the chain of distribution, for personal consumption or use and not for further sale or rent. The use of premises for sales to end user consumers or renting of merchandise to end user consumers including any such premises which may be described as a warehouse store, discount warehouse, or factory outlet, or a warehouse club or wholesale club whose membership is open to other than institutions, government agencies and licensed businesses.

Retention basin means an excavated area that is designed by a professional engineer to capture and store storm water on a permanent or semi-permanent basis, often indefinitely with the exception of the water volume lost to evaporation or absorption into the soils. Retention basins, which are often called “wet ponds” or “retention ponds”, are not the same as detention basins which are designed to hold water temporarily and release their volume completely after or during the peak of the storm event.

Roof pitch means a roof having a slope or pitch determined by rise over run in direction of the slope or pitch of the roof, 1:4 slope for example.

School means an institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, art schools and other similar schools.

Screening means an opaque separation between proprieties made of any combination of the following: six foot high berm, wall or fence, or evergreen shrubs. Evergreen shrubs shall be six foot high at the time of installation or shall be six foot high at the end of the first growing season after they are installed with no visible break between the shrubs or any combination of the four.

Self storage enclosed means an enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for long term storage of their household goods, small business records, or personal property. The term does not include outdoor storage.

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Setback means the unobstructed, unoccupied open space between a structure and the property line of the lot on which the structure is located. Setbacks are unobstructed open space from the ground to the sky and measured as the horizontal distance between a property line and the furthermost projection of the structure, except in cases in which this ordinance specifically allows parking.

Small vet or home kennel means an enclosed premise or building where three or less dogs are housed for medical treatment or for personal use as family pets.

Solar energy facility means a device or combination of devices that use direct sunlight as a source of energy for the non-commercial direct use of the structure on the same lot with the system. Examples include photovoltaic systems, a solar hot water heater, solar panels, or a south-facing window.

Spire means a structure or formation, such as a steeple, that tapers to a point at the top.

Sports court means a space, indoor or outdoor, design used and maintained for basketball, racquetball, shuffleboard or other similar sports that use a court.

Stable means a building in which horses are sheltered and maintained as an accessory use to a principal residential use on the same lot.

Storage building means a building used for materials, equipment and vehicles that are “in transit” or not in use.

Stone means naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all weather stone that is customarily used in exterior building construction. This includes cast or manufactured stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance free. Natural or manmade stone shall have a minimum thickness of two and five eighths inches when applied as a veneer.

Stucco means conventional three-step hard coat stucco with a minimum thickness of 7/8-inch.

Studio means a workshop, work place or work room for a person doing crafts, photography, woodworking, painting textiles for personal pleasure or production on a very small scale.

Supply house means an establishment at which wholesale customers or persons directly representing industry may purchase industrial supplies at wholesale or where such items are repaired or serviced. These establishments do not have retail customers.

Tire sales means a lot on which the principal business is the sale or installation of new, used or retread tires and tubes.

Towing service means the removing of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a licensed impound lot. Does not include “automotive service” in which a tow truck is used and vehicles are repaired on site.

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Towing yard shall have the meaning ascribed to it in section 102-167 of the code of ordinances.

Transitional housing means shelter provided to the homeless for an extended period, often as long as 18 months and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.

Truck stop means a facility for parking, refueling, washing and/or minor repair of commercial vehicles and may include retail sales of food and/or other items, restaurant(s), restroom/shower facilities, and/or temporary sleeping quarters.

Truck terminal means an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment. Includes rail to truck, truck to truck and dock to truck.

ULDC means this Unified Land Development Code.

Vegetative buffer shall have the meaning ascribed to it in article XIV, chapter 18 of the code of ordinances.

Vehicle sales, rental or leasing facility, personal means a facility that engages in the sale, storage or rental of new and used personal vehicles, paint and body repair shops and automotive repair garages, including the sales and servicing of any automotive component. Does not include storage of junk or wrecked motor vehicles and does not include industrial vehicles. Antique vehicles and farm equipment are not included in this definition. Temporary storage of vehicles awaiting repair shall be permitted in non HI zones, pursuant to the requirements of the conditions table in this ULDC. A minimum of 75 percent of the motor vehicles shall be operable and readily accessible to the public for inspection and operation.

Vehicle storage means a room, structure or parking lot that is used to house or store vehicles. It includes structures, buildings, and rooms generally called garages, boathouses, and airplane hangars. It also does not include structures that house or store farm vehicles and implements or antique vehicles as defined in chapter 34 of the code of ordinances. A vehicle that properly displays the required and timely registration and inspection stickers is not considered stored.

Vehicle, commercial means a motor vehicle, other than a motorcycle, designed or used for:

1. The transportation of property;

2. Delivery purposes;

3. A commercial motor vehicle includes a truck tractor defined as a commercial motor vehicle with a manufacturer's rated carrying capacity of more than one ton that is used or is to be used in combination with a semi-trailer that has a gross weight of more than 6,000 pounds or a vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle or a trailer means a vehicle that:

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a. is designed or used to carry a load wholly on its own structure; and

b. is drawn or designed to be drawn by a motor vehicle.

4. A "Truck-tractor" which is defined as a motor vehicle:

a. designed and used primarily for drawing another vehicle; and

b. not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn.

Wall means a constructed solid barrier of concrete, stone, brick, tile, masonry, wood or similar material that encloses, borders or decorates an area.

Warehouse and freight movement means a use engaged in storing, wholesale, and distribution of manufactured products or equipment and also characterized by heavy trucking activity, including 18 wheelers, open storage and characterized by such nuisances as dust, noise and odors but not actually engaged in any manufacturing process.

Well means a hole or bore to any sand, formation, strata, or depth which is drilled, bored, sunk, dug or put down for the purpose of either exploring or for ascertaining the existence of any oil, gas, or liquid hydrocarbon for the purposes of producing or recovering and oil, gas or liquid hydrocarbon.

Wholesale and warehouse activities within an enclosed structure means those retail activities typically conducted at facilities such as a “wholesale club,” “warehouse store,” “discount warehouse,” “factory outlet,” and other similar retail establishments that sell directly to the public.

Wholesale trade means to offer to sell or rent, or to sell or rent, merchandise other than at retail. Establishments engaged in selling merchandise to other wholesalers or to retailers, generally without transformation, and rendering services incidental to the sale of merchandise and normally operate from a warehouse or showroom/office. Wholesalers are organized to sell or arrange the purchase or sale of goods for resale (i.e., goods sold to other wholesalers or retailers), capital or durable non-consumer goods, or raw and intermediate materials and supplies used in production. The intent is to permit the warehousing of products, and to permit the packaging, sale to other wholesalers or to retailers, assembly or treatment of products within an enclosed structure.

Wild animal means a wild animal as defined in section 14-1 of the code of ordinances.

Wine and beer retailer means an establishment licensed by the state to sell ale, wine, and vinous liquors to consumers at retail on or from the licensed premises in unbroken original containers of not less than six ounces for off-premises consumption only and not for the purpose of resale.

Working days or business days mean week days that are not holidays celebrated by the city.

Yard, front: the open space between a building and the front setback line.

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Salient Changes to ULDC Document Meeting of February 9, 2012 (References to sections are in the latest version renumbered to reflect the removed sections)

1. Tables 1-1 and 1-2: removed all references to plats. 2. Section 1.5: violations and penalties language from the original code inserted. 3. Section 1.21: added language that failing to notice case on website does not frustrate posting requirements of the section; added 300-foot notice distance and sign posting requirements. 4. Old Section 1.26 (DRC review process): removed entirely as it relates to non-zoning items. 5. Section 1.26(a): removed references to Future Land Use Map Amendment and the Major Thoroughfare Amendments; (e) 7 added language giving notice to applicant if city hires technical expert; and (h) added the word “written” in front of the word “appeal”. 6. Section 1.27 (old 1-28.01): renumbered section and subsequent sections; added language for variances for non-conforming structures; cleaned up process for variances not caused by non- conformities. 7. Old Section 1.28 (Appeals of site plans and Administrative Plats): removed, non-zoning item. 8. Old Section 1.32 (Amending the development manual): removed, non-zoning item. 9. Sections 2.01, 2.02, 2.03: added Division 1, general provisions for zoning districts. 10. Section 2.06: added ACE to the list of districts as Section 2.01(g) and removed ACE as a “special purpose zoning district” in Section 2.03; changed “Gateway District” to “Gateway/Corridor District. 11. Section 2.08 (a) and (b) and Old Section 2.09 (removed): simplified PUD District; added phasing schedule; removed planning commission approval authority on detail plan; added planning commission annual review of PUD in paragraph (e); replaced it with city council in paragraph (f); added phasing expiration language in paragraph (g). 12. Table 2-2: removed “personal care home/ group home for substitute care” from non-residential and placed in residential; removed “keeping of pets” as a use. 13. Table 2-6: simplified Condition A-26 by removing all but the first two lines of the condition; simplified Condition A-44 by removing all but the first two lines of the condition; and, added the language to condition B11A: “or allowed in rear without frontage on Texas Avenue”. 14. Table 3-1: reduced front setback from 20-feet to 15-feet and allowed higher lot coverage for SF1 and SF2 Districts; removed commercial build-to requirement in GC. 15. Section 3.02: amended setbacks to clarify opaque fences in front setbacks are allowed. 16. Sections 3.05-3.09: added operational performance standards from original code. 17. Section 3.11: changed masonry coverage from 50 to 60 percent as directed by planning commission; removed language requiring 25 percent of a structure to front on building setback; amended to allow wider garages. 18. Section 3.14: removed district to district compatibility table; replaced with more user friendly text. 19. Figure 3-6: removed since we found them to be confusing. 20. Article IV: Clarified the definition of “nonconforming structure” as follows: “a structure in existence prior to the adoption of this ordinance and that through some action after the adoption of this ordinance fails to meet one or more of the zoning standards in this code”; added definitions for building footprint, director, DRC, dwelling unit, front yard, and school.

AIR-5653 3. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Consider Revised Federal Legislative Priorities - Administration. Prepared for: Robert D. Leiper Prepared by: Nick Woolery, Administration Department: Administration

Information ITEM Consider a resolution establishing City of Baytown's legislative agenda for the 2012 Federal Legislative Session.

PREFACE This resolution establishes City of Baytown's legislative agenda for the 2012 Federal Legislative Session.

Every two (2) years the City of Baytown develops priority legislative issues and appropriations requests to be distributed to each of Baytown's Federal senators and representatives. The priorities approved by the resolution have been revised based on new or evolving issues since last January.

These priorities will be sent to our Federal lobbyist, Danielle McBeth, so they can work with our legislators on our behalf, and will be distributed to our delegation in late February when the Mayor and City Manager travel to Washington D.C.

Assistant to the City Manager, Nick Woolery, will provide a brief overview of our revised priorities and Council will have the opportunity to discuss and if needed, ammend, before the priorities are actually approved by Council.

This item targets each of the City's vision areas.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item at this time.

Attachments Resolution - Federal Legislative Agenda A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN’S LEGISLATIVE AGENDA FOR THE 2012 FEDERAL LEGISLATIVE SESSION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Council of the City of Baytown, Texas, hereby establishes the City of Baytown’s Legislative Agenda for the 2012 Federal Legislative Session, which is attached hereto as Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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AIR-5673 3. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Consider Rescheduling the March 22, 2012 City Council Meeting March 19, 2012 - Administration. Prepared for: Robert D. Leiper Prepared by: Leticia Brysch, City Clerk's Office Department: Administration

Information ITEM Consider a resolution rescheduling the Thursday, March 22, 2012 , City Council Meeting to Monday, March 19, 2012.

PREFACE In order to accommodate Council's attendance at the TML Spring Conference being held on March 22, 2012, staff recommends moving this meeting to Monday, March 19, 2012.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

Attachments Resolution - Council Meeting Dates A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON MARCH 22, 2012, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON MARCH 19, 2012, AT 6:30 P. M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Council of the City of Baytown, Texas, hereby cancels the Regular Council Meeting scheduled to be held on March 22, 2012, at 6:30 p.m. in the Council Chambers of City Hall, located at 2401 Market Street, Baytown, Texas.

Section 2: That the City Council of the City of Baytown, Texas, hereby calls a Special Council Meeting to be held on March 19, 2012, at 6:30 p.m. in the Council Chambers of City Hall, located at 2401 Market Street, Baytown, Texas.

Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas.

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Resolutions\2012\February 9\CancelCCCallSpecialCC.doc

AIR-5621 4. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Present 2011 Crime Statistics - Police. Prepared for: Keith Dougherty Prepared by: Keith Dougherty, Police Department: Police

Information ITEM Presentation of 2011 Crime Statistics.

PREFACE The Chief of Police will present the 2011 crime statistics in an effort to continue to provide great Public Safety.

The 2011 Crime Statistics are as follows:

OFFENSE December, 2011 2011 2010

TO DEC. 31, 2011 TO DEC. 31, 2010

MURDER 0 1 6

SEXUAL ASSAULT 0 9 20

ROBBERY 11 78 148

AGGRAVATED ASSAULT 4 119 126

BURGLARY 73 701 821

THEFT 205 2,632 2,695

AUTO THEFT 26 228 321

TOTAL OFFENSES 319 3,768 4,137

PROPERTY LOSS $524,349 $5,550,875 $7,116,595

RECOVERED PROPERTY $227,175 $1,541,987 $2,148,449

CLEARED OFFENSES 57 809 870

ADULT ARRESTS 342 5,152 4,563

JUVENILE ARRESTS 75 1,006 1,135

COUNTY CHARGES 164 2,256 1,838

TOTAL COMPLAINTS 3,670 46,003 48,944

Cpl. Randy

Prepared By: Rhodes C. Keith Dougherty

Chief of Police

RECOMMENDATION

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item at this time.

AIR-5629 5. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Change Order No. 1 for CDBG Non-Housing Wastewater Emergency Power Project: Cedar Bayou Lift Station Expansion - Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing Change Order No. 1 to the construction contract with Peltier Brothers Construction, Ltd., for the CDBG Non-Housing Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project.

PREFACE This proposed ordinance authorizes Change Order No. 1 to the CDBG Non-Housing Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project contract with Peltier Brothers Construction, Ltd., subject to review by the Texas General Land Office, in the amount of $69,000.00. This change order also adds 160 calendar days to the project schedule.

The scope includes additional cost to furnish and install a 350-kw natural gas powered generator including all necessary modifications, equipment and accessories for a complete working system, in lieu of the 300-kw diesel generator.

This effort supports the City of Baytown’s Infrastructure Maintenance and Improvement vision by improving the level of services and infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 53811 - WWCB3501 Source of Funds (Operating/Capital/Bonds): 2008 COs Funds Budgeted Y/N: Amount Needed: $69,000. Fiscal Impact (Additional Information): Attachments Ordinance - Change Order No. 1 Exhibit A - Change Order No. 1

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH PELTIER BROTHERS CONSTRUCTION, LTD, FOR THE CDBG NON-HOUSING WASTEWATER EMERGENCY POWER: CEDAR BAYOU LIFT STATION EXPANSION PROJECT SUBJECT TO REVIEW BY THE TEXAS GENERAL LAND OFFICE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY-NINE THOUSAND AND NO/100 DOLLARS ($69,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That subject to review by the Texas General Land Office or its successor, the City Council does hereby authorize Change Order No. 1 with Peltier Brothers Construction, Ltd, for the CDBG Non-Housing Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project. A copy of said change order is attached hereto, marked Exhibit “A” and made a part hereof for all intents and purposes.

Section 2: That the City Council of the City of Baytown hereby authorizes payment in the amount of SIXTY-NINE THOUSAND AND NO/100 DOLLARS ($69,000.00) to Peltier Brothers Construction, Ltd, for Change Order No. 1 for the CDBG Non-Housing Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______

IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\ChangeOrderNo1CDBGCedarBayouLiftStationExpansionProject.doc

2 Exhibit "A"

AIR-5432 5. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Change Order No. 2 for CDBG Non-Housing Wastewater Emergency Power Project: Lift Station Generators - Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing Change Order No. 2 to the CDBG Non-Housing Wastewater Emergency Power: Lift Station Generators Project with Baytown Electric Company.

PREFACE This proposed ordinance authorizes Change Order No. 2 to the CDBG Non-Housing Wastewater Emergency Power: Lift Station Generators Project with Baytown Electric Company, subject to review by the Texas General Land Office, in the amount of $325,171. This change order also adds 240 calendar days to the project schedule.

The scope includes providing and installing pump saver, power monitors, pump saver communication modules, industrial pressure transmitter equipment and all necessary conduit wire and fittings for a fully operational SCADA (Systems Control and Data Acquisition) system at 23 different lift stations and hardware and software installion at the East District Waste Water Treatment Plant. Due to time constraints imposed by the CDBG Program, the SCADA system was not fully included in the original design. The Motor Saver equipment will protect critical pumps and motors and the SCADA will allow the Waste Water Plant Operators to monitor and control these lift stations from the Wastewater Treatment Plant location. Critical information such as pump operations and wet well levels will be readily available to the Plant Operator. These changes will improve efficiency, reliability, and durability of our sewer lift station assets and reduce costs.

This effort supports the City of Baytown’s Infrastructure Maintenance and Improvement vision by improving the level of services and infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 53803 - WWCB4400 Source of Funds (Operating/Capital/Bonds): 2008 COs Funds Budgeted Y/N: Amount Needed: $325,171. Fiscal Impact (Additional Information):

Attachments Ordinance - Change Order No. 2 Exhibit A - Change Order No. 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH BAYTOWN ELECTRIC COMPANY, FOR THE CDBG NON-HOUSING WASTEWATER EMERGENCY POWER: LIFT STATION GENERATORS PROJECT SUBJECT TO REVIEW BY THE TEXAS GENERAL LAND OFFICE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THREE HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED SEVENTY-ONE AND NO/100 DOLLARS ($325,171.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That subject to review by the Texas General Land Office or its successor, the City Council does hereby authorize Change Order No. 2 with Baytown Electric Company, for the CDBG Non-Housing Wastewater Emergency Power: Lift Station Generators Project. A copy of said change order is attached hereto, marked Exhibit “A” and made a part hereof for all intents and purposes.

Section 2: That the City Council of the City of Baytown hereby authorizes payment in the amount of THREE HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED SEVENTY-ONE AND NO/100 DOLLARS ($325,171.00) to Baytown Electric Company for Change Order No. 2 for the CDBG Non-Housing Emergency Power: Lift Station Generators Project.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\ChangeOrderNo2CDBGLiftStationGeneratorsProject.doc

2 Exhibit "A"

AIR-5430 5. c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Change Order No. 2 for CDBG Non-Housing Wastewater Emergency Power Project: Wastewater Treatment Plant Generators - Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing Change Order No. 2 to the CDBG Non-Housing Wastewater Treatment Plant Generators contract with C.F. McDonald Electric, Inc.

PREFACE Consider an ordinance authorizing Change Order No. 2 to the CDBG Non-Housing Wastewater Treatment Plant Generators contract with C.F. McDonald Electric, Inc., subject to review by the Texas General Land Office, in the amount of $35,369. This change order adds 60 additional calendar days to the project schedule.

This change order is necessary because the East District Waste Water Treatment Plant emergency generator slab/piers location conflicts with a large power duct bank not shown in any of the utility plans or uncovered during utility identification efforts. This conflict requires the relocation of the generator slab structure and increasing the size of excavation and backfill. The cost of relocating the duct bank is prohibitive, far exceeding the cost of the slab relocation.

This effort supports the City of Baytown’s Infrastructure Maintenance and Improvement vision by improving the level of services and infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 53803 - WWCB4400 Source of Funds (Operating/Capital/Bonds): 2008 COs Funds Budgeted Y/N: Amount Needed: 35,369.00 Amount Needed: 35,369.00 Fiscal Impact (Additional Information):

Attachments Ordinance - Change Order No. 2 Exhibit A - Change Order No. 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH C.F. MCDONALD ELECTRIC, INC., FOR THE CDBG NON-HOUSING EMERGENCY POWER PROJECT: WASTEWATER TREATMENT PLANT GENERATORS SUBJECT TO REVIEW BY THE TEXAS GENERAL LAND OFFICE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY-FIVE THOUSAND THREE HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($35,369.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That subject to review by the Texas General Land Office or its successor, the City Council does hereby authorize Change Order No. 2 with C.F. McDonald Electric, Inc., for the CDBG Non-Housing Emergency Power Project: Wastewater Treatment Plant Generators. A copy of said change order is attached hereto, marked Exhibit “A” and made a part hereof for all intents and purposes.

Section 2: That the City Council of the City of Baytown hereby authorizes payment of THIRTY-FIVE THOUSAND THREE HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($35,369.00) to C.F. McDonald Electric, Inc., for Change Order No. 2 for the CDBG Non- Housing Emergency Power Project: Wastewater Treatment Plant Generators.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______

IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\ChangeOrderNo2CDBGWWTPGenerators.doc

2 Exhibit "A"

AIR-5628 5. d. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Change Order No. 3 for CDBG Non-Housing Wastewater Emergency Power Project: Auxiliary Pumps and Lift Station - Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing Change Order No. 3 to the CDBG Non-Housing Wastewater Emergency Power: Auxiliary Pumps and Lift Station contract with Nunn Constructors, Ltd.

PREFACE This proposed ordinance authorizes Change Order No. 3 to the CDBG Non-Housing Wastewater Emergency Power: Auxiliary Pumps and Lift Station Project contract with Nunn Constructors, Ltd., subject to review by the Texas General Land Office, in the amount of $32,900.

The scope includes providing and installing additional fence for 14 different site location as requested by TCEQ in its plan review comments.

This effort supports the City of Baytown’s Infrastructure Maintenance and Improvement vision by improving the level of services and infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 53803 - WWCB4400 Source of Funds (Operating/Capital/Bonds): 2008 COs Funds Budgeted Y/N: Amount Needed: $32,900.00 Fiscal Impact (Additional Information):

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH NUNN CONSTRUCTORS, LTD, FOR THE CDBG NON-HOUSING WASTEWATER EMERGENCY POWER PROJECT: AUXILIARY PUMPS AND LIFT STATION SUBJECT TO REVIEW BY THE TEXAS GENERAL LAND OFFICE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY-TWO THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($32,900.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That subject to review by the Texas General Land Office or its successor, the City Council does hereby authorize Change Order No. 3 with Nunn Constructors, Ltd, for the CDBG Non-Housing Wastewater Emergency Power Project: Auxiliary Pumps and Lift Station. A copy of said change order is attached hereto, marked Exhibit “A” and made a part hereof for all intents and purposes.

Section 2: That the City Council of the City of Baytown hereby authorizes payment of THIRTY-TWO THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($32,900.00) to Nunn Constructors, Ltd, for Change Order No. 3 for the CDBG Non-Housing Wastewater Emergency Power Project: Auxiliary Pumps and Lift Station.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______

IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\ChangeOrderNo34CDBTNon-HousingWastewaterEmergencyPowerProject-AuxillaryPumps&LiftStation.doc

2 Exhibit "A"

AIR-5618 5. e. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Authorizing the Closeout of Julie Ann Villa Subdivision Drainage Project - Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing the acceptance of the Julie Ann Villa Subdivision Drainage Project and the release of retainage to Calco Contracting, LTD.

PREFACE This proposed ordinance provides for the acceptance of the Julie Ann Villa Subdivision Drainage Project and the release of retainage to Calco Contracting, LTD. in the amount of $16,248.82.

The total cost of the project was $324,976.35, this project came in under budget $65,951.15.

The project was constructed to help with drainage problems in the Julie Anne Villa Subdivision. The ditches were regraded and two new outfalls were installed, in order to help convey the drainage out of the subdivision.

The contractor completed the contract on time with satisfactory workmanship.

This item supports the City's Infrastructure Maintenance and Improvement vision by enhancing storm water utilities.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 307 - 20601 Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: $16,248.82 Amount Needed: $16,248.82 Fiscal Impact (Additional Information): This is the release of funds withheld from previous payments to the contractor.

Attachments Ordinance - Final Pay for Julie Ann Villa Subdivision Drainage Project AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE JULIE ANN VILLA SUBDIVISION DRAINAGE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTEEN THOUSAND TWO HUNDRED FORTY-EIGHT AND 82/100 DOLLARS ($16,248.82) TO CALCO CONTRACTING, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS, the City of Baytown contracted with Calco Contracting, Ltd, for the Julie Ann Villa Subdivision Drainage Project (the “Project”); and WHEREAS, all of the said improvements, as provided in the plans and specifications heretofore prepared by the City’s engineer and as approved and adopted by the City Council have been performed and completed in full accordance with all of the terms and conditions of the aforesaid contract; and WHEREAS, the City’s engineer in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted the Julie Ann Villa Subdivision Drainage Project, has heretofore issued his Certificate of Final Acceptance, has certified same to the City Council, and has recommended that it accept and receive said work and improvements as constructed and completed by Contractor; and WHEREAS, there remains due and owing to Calco Contracting, Ltd, the sum of SIXTEEN THOUSAND TWO HUNDRED FORTY-EIGHT AND 82/100 DOLLARS ($16,248.82); NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council hereby accepts and approves the above-described work and improvements, and finds and determines that all of said improvements have been completed as provided in the plans and specifications thereof, and in full accordance with all of the terms and provisions of the aforesaid contract. Section 2: That the Certificate of Final Acceptance heretofore issued by the City’s engineer and certified to the City Council is hereby accepted and received. Section 3: That final payment to Calco Contracting, Ltd, in the amount of SIXTEEN THOUSAND TWO HUNDRED FORTY-EIGHT AND 82/100 DOLLARS ($16,248.82) is hereby authorized. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12th day of January, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\FinalPay4JulieAnnVillaSubdivisionDrainageProject.doc

AIR-5634 5. f. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Authorizing the Purchase of Nine (9) Chevrolet Tahoes - Police. Prepared for: Louise Richman Prepared by: Linda Malak, Finance Department: Finance

Information ITEM Consider an ordinance authorizing the purchase of nine (9) 2012 Chevrolet Tahoes from Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant County.

PREFACE This proposed ordinance authorizes the purchase of nine (9) 2012 Chevrolet Tahoes from Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant County for a total amount of $229,196.00.

Two (2) of the vehicles are additions to the fleet and seven (7) are replacement vehicles. A detailed description is in the attached spreadsheet.

This item supports the City of Baytown vision by continuing to providing great public safety and services.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2012 Acct Code: 84043 Source of Funds (Operating/Capital/Bonds): CCPD & Operating Funds Budgeted Y/N: Y Amount Needed: $229,196.00 Fiscal Impact (Additional Information): 20601-84043 (C.C.P.D. / Motor Vehicles) $50,956.00 20020-84043 (Support Services–Police / Motor Vehicles) $178,240.00

Attachments NEW & REPLACEMENT VEHICLES FOR 2012 FISCAL YEAR (Chev) Fiscal Yr 20011 -2012 council New Vehicle Amount Budgeted Org/Acct # Department Vehicle Replaced

C.C.P.D. 2012 Chev. Tahoe PPV $25,478.00 $26,600 20601-84043 Patrol Addition to fleet

C.C.P.D. 2012 Chev. Tahoe PPV $25,478.00 $26,600 20601-84043 Patrol Addition to fleet

Police unit 054A, 2005 Ford Crown 2012 Chev. Tahoe PPV $25,478.00 $26,600 20020-84043 Patrol Victoria, 104,562 miles

Police unit 0482, 2004 Ford Crown 2012 Chev. Tahoe PPV $25,478.00 $26,600 20020-84043 Patrol Victoria, 104,000 miles

Police unit 0481, 2004 Ford Crown 2012 Chev. Tahoe PPV $25,478.00 $26,600 20020-84043 Patrol Victoria, 102,946 miles

Police unit 0575, 2005 Ford Crown 2012 Chev. Tahoe PPV $25,478.00 $26,600 20020-84043 Patrol Victoria, 112,436 miles

Police unit 0569, 2005 Ford Crown 2012 Chev. Tahoe PPV $25,478.00 $26,600 20020-84043 Patrol Victoria, 109,967 miles

Police unit 0485, 2004 Ford Crown 2012 Chev. Tahoe PPV $25,372.00 $26,600 20020-84043 Patrol Victoria, 95,979 miles

Police unit 0553, 2005 Chev. Impala, 2012 Chev. Tahoe PPV $25,478.00 $22,400 20020-84043 CSB 101,373 miles

slh 10-23-06 revised

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY-NINE THOUSAND ONE HUNDRED NINETY-SIX AND NO/100 DOLLARS ($229,196.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY FOR THE PURCHASE OF NINE (9) 2012 CHEVROLET TAHOES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement for cooperative purchasing with Tarrant County; and

WHEREAS, pursuant to such agreement, the City may make purchases based upon the bids received by Tarrant County; and

WHEREAS, Tarrant County has taken bids for 2012 Chevrolet Tahoes, and City desires to take advantage of such bids in order to purchase nine (9) 2012 Chevrolet Tahoes for the Police Department; NOW THEREFORE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Council of the City of Baytown hereby authorizes the payment of TWO HUNDRED TWENTY-NINE THOUSAND ONE HUNDRED NINETY-SIX AND NO/100 DOLLARS ($229,196.00) to Caldwell Country Chevrolet, through its cooperative purchasing agreement with Tarrant County for the purchase of nine (9) 2012 Chevrolet Tahoes for the Police Department.

Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\TarrantCountyCooperativePurchaseofTahoes.doc

2

AIR-5631 5. g. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Authorizing the Annual Concrete Work Contract Renewal - Finance. Prepared for: Louise Richman Prepared by: Linda Malak, Finance Department: Finance

Information ITEM Consider an ordinance authorizing the renewal of the Annual Concrete Work Contract to Teamwork Construction Services, Inc.

PREFACE This proposed ordinance authorizes the second renewal of the Annual Concrete Work Contract to Teamwork Construction Services, Inc., in the amount of $1,000,000.

Teamwork Construction Services, Inc. submitted a written request to renew the current contract for the same pricing, terms and conditions with no CPI increase. This contract is used for streets, sidewalks & curbs, etc., throughout the term of the contract. Street Maintenance Sales Tax funds the majority of the concrete street work and the Public Works budget and CDBG fund the sidewalk repairs.

This item supports the City’s Infrastructure and Maintenance improvement vision by improving the road network and mobility.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2012&2013 Acct Code: Varies Source of Funds (Operating/Capital/Bonds): Varies Funds Budgeted Y/N: Y Amount Needed: 1,000,000 Fiscal Impact (Additional Information): Org/Acct numbers will vary according to projects Org/Acct numbers will vary according to projects Majority of work will be from the Streets Sales Tax Public Works Budget $250,000 - 30110-83025 (Streets, Sidewalks & Curbs/Capital Outlay)

Attachments Ordinance - Renew Annual Concrete Work Contract

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, Teamwork Construction Services, Inc., was awarded the Annual Concrete Work Contract on June 22, 2010, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one-year periods; and

WHEREAS, such contract was renewed on May 26, 2011, and can be renewed again for an additional one-year term; and

WHEREAS, Teamwork Construction Services, Inc., has indicated its willingness to renew the contract for an additional year under the same terms and conditions; and

WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; NOW THEREFORE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Council of the City of Baytown hereby renews the Annual Concrete Work Contract with Teamwork Construction Services, Inc., for an amount not to exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) and authorizes payment thereof.

Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\RenewAnnualConcreteWorkContract.doc

AIR-5637 5. h. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Authorizing the Purchase Structural Collapse Rescue Equipment - Fire. Prepared for: Shon Blake Prepared by: Yvonne Gutierrez, Fire Department: Fire

Information ITEM Consider an ordinance authorizing the purchase of Structural Collapse Rescue Equipment for the Fire Department through Buy Board Contract #363-10.

PREFACE The proposed ordinance authorizes the purchase of structural collapse rescue equipment in the amount of $87,289.00.

This quote is provided by Dooley Tackaberry, Inc., though the Buy Board Contract #363-10. This expenditure will be reimbursed from the FY2010 Urban Area Security Initiative (UASI) grant program awarded to the City of Baytown that was authorized and accepted on AIR-5399.

This item supports the City of Baytown's Vision of Citizen Safety by supplying Structural Collapse Rescue Equipment to the Fire Department enhancing their ability to provide excellent service to the public.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2011-2012 Acct Code: 21010-84042 Source of Funds (Operating/Capital/Bonds): Grant Funds Budgeted Y/N: N Amount Needed: $87,289.00 Fiscal Impact (Additional Information):

Attachments Structural Collapse Bid

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-SEVEN THOUSAND TWO HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($87,289.00) TO DOOLEY TACKABERRY, INC., FOR THE PURCHASE OF STRUCTURAL COLLAPSE RESCUE EQUIPMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown is a member of the cooperative purchasing program established under Sections 271.082 and 271.083 of the Texas Local Government Code; and

WHEREAS, the Texas Local Government Purchasing Cooperative’s Buy Board Program is such a program, allowing municipalities to purchase products and/or services in an efficient, cost effective, and competitive procurement method; and

WHEREAS, the City of Baytown in making a purchase under a state contract through such cooperative purchasing program satisfies state law requiring municipalities to seek competitive bids for the purchase of the item; NOW THEREFORE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Council of the City of Baytown hereby authorizes the payment of EIGHTY- SEVEN THOUSAND TWO HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($87,289.00) to Dooley Tackaberry, Inc., for the purchase of structural collapse rescue equipment through the Texas Local Government Purchasing Cooperative (Buy Board) subject to terms and conditions acceptable to the City Manager and City Attorney.

Section 2: That the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\BuyBoardStructuralCollapseEquipment.doc

AIR-5617 5. i. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Ordinance: Consider Request for Permanent Placement of No Parking Signs within Crockett Park Subdivision - Planning and Development Services. Prepared for: Kelly Carpenter Prepared by: Harold Cheek, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider a ordinance amending Chapter 94 "Traffic and Vehicles," Article IV “Specific Street Regulations," Section 94-121 "Schedules Enumerated," Schedule III "Designation -- No Parking Zones" of the Code of Ordinances to designate a "No Parking Zone" within Crockett Park Subdivision on the inner and outer curves on both Curry Street and Cinnamon Street.

PREFACE This ordinance amends Chapter 94 "Traffic and Vehicles" to designate a No Parking Zone within Crockett Park Subdivision on the inner and outer curves on both Curry Street and Cinnamon Street. The original request from the home owners association was for several additional intersections to have no parking signs, but the association president, David Lee, withdrew all but Curry and Cinnamon during the discussion with the Planning and Zoning Commission.

After several site visits by Planning, Public Works the Fire Department, and the Public Works's Traffic Division staff recommended that "No Parking" signs be placed on the inner and outer curves on both Curry Street and Cinnamon Street. The Planning and Zoning Commission considered this request at its regular meeting on January 17, 2012. Mr. David Lee, President of the Crockett Park Home Owners Association, indicated that their organization was amenable to staff's recommendation to install "No Parking" signs at Curry and Cinnamon Streets. which the Planning and Zoning Commission supported.

RECOMMENDATION Staff recommends approval.

Attachments

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE III “DESIGNATION – NO PARKING ZONES” TO DESIGNATE A “NO PARKING ZONE" ALONG THE INNER AND OUTER CURVES ON BOTH CURRY STREET AND CINNAMON STREET WITHIN THE CROCKETT PARK SUBDIVISION; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION; 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 94 “Traffic and Vehicles,” Article IV “Specific Street Regulations,” Section 94-121 “Schedules enumerated,” Schedule III “Designation – No Parking Zones” of the Code of Ordinances, City of Baytown, Texas, is hereby amended to designate the inner and outer curves on both Curry Street and Cinnamon Street within the Crockett Park Subdivision, as a no parking zone. Such zone is depicted in Exhibit “A,” which is attached hereto and incorporated herein for all intents and purposes.

Section 2: The Director of Public Works is authorized and directed to cause the placement of the proper signs to be posted at the above-described locations.

Section 3: It shall be unlawful for a driver of a vehicle to disobey the instructions of the signs placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a police officer.

Section 4: 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 5: 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 6: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ONE AND NO/100 DOLLAR ($1.00) nor more than TWO HUNDRED AND NO/100 DOLLARS ($200.00).

Section 7: 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 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\February 9\NoParkingZonesNCrockettParkSubdivision.doc

2

AIR-5630 5. j. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Resolution: Consider Authorizing the Chambers County 2012 Annual FAA Aerial Mosquito Control Authorization - Health and EMS. Prepared for: Health Department Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider a resolution authorizing the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within the Chambers County portion of Baytown.

PREFACE This proposed resolution authorizes the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within the Chambers County portion of Baytown.

This is an annual requirement of the Federal Aviation Administration (FAA) to obtain approval from various area communities concerning the Chambers County Mosquito Control District’s aerial spraying program. Since a portion of the City of Baytown is in Chambers County, the Chambers County Mosquito Control District must obtain this permission from the City of Baytown to apply pesticides for the purpose of mosquito control.

Harris County does not conduct aerial spraying over urban areas such as Baytown due to more stringent aircraft requirements.

This item supports the City's vision for coordination and relationship building with local and surrounding entities/agencies.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

Attachments Resolution - Chambers County Mosquito Control Exhibit A - Authorization Form

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the Chambers County Mosquito Control Department is required by the Federal Aviation Administration to obtain approval from the City of Baytown to administer its aerial spraying program within that portion of the City of Baytown which lies within Chambers County, Texas; and

WHEREAS, the Chambers County Mosquito Control Department has requested that the Mayor notify the Federal Aviation Administration of the City Council’s approval of the above-referenced aerial spraying program; NOW THEREFORE

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within that portion of the City of Baytown that lies within Chambers County, Texas.

Section 2: That the City Council of the City of Baytown, Texas, hereby directs the Mayor to notify the Federal Aviation Administration of the City Council’s approval of the aerial spraying program to be administered by Chambers County, Texas, on the form which is attached hereto as Exhibit “A” and incorporated herein for all intents and purposes.

Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Resolutions\2012\February 9\MosquitoControlChambersCounty.doc

Exhibit “A”

CHAMBERS COUNTY MOSQUITOCERTIFIED CONTROL MAIL# POST OFFICE BOX 1109 ~ ANAHUAC, TEXAS 77514 TELEPHONE: (409) 267-2720 ~ FAX: (409) 2677003-3265 1010 0000 2415 3058

LAWRENCE LEWIS DIRECTOR

Please be advised that on this ______day of ______, 2012, at a regular meeting of the

______City Council, there being no objections, the Chambers County Mosquito Control department is hereby authorized to use aerial application methods for the purpose of mosquito control within the corporate limits of ______.

______Mayor

AIR-5650 5. k. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Resolution: Consider Authorizing Advanced Funding for Projects Budgeted to be Funded by 2012 Certificates of Obligation - Finance. Prepared for: Louise Richman Prepared by: Bob Brown, Finance Department: Finance

Information ITEM Consider a resolution authorizing Advance Funding for Construction Costs related to budgeted projects to be funded by future Certificates of Obligation.

PREFACE The proposed resolution authorizes advanced funding as needed for construction costs associated with the following projects to be funded by future Certificates of Obligation. It is anticipated the City will issue these Certificates of Obligation in 2012 or later as needed.

Miscellaneous Rehab and Sewer Emergencies Sewer $1,000,000 Slapout Gully Lift Station $300,000 Hugh Wood Lift Station $300,000 Collection System Rehabilitation $4,000,000 Oakwood / Lee Heights Subdivision $700,000 Pelly / Gulf Hill Subdivision $450,000 Water System Rehabilitation $1,000,000 TOTAL $7,750,000

IRS regulations dictate the Council declare its official intent to reimburse prior expenditures with proceeds of subsequent borrowings. The advanced funding will only be invoked if the City entered into a contract on this project prior to the issuance of the bonds. The advanced funding would not preclude the necessity of Council approval for contracts that require such approval.

In order to reduce interest costs, the sale of the Certificates of Obligation will be delayed until needed . In order for the preliminary work, design, engineering and construction projects to move forward, this advanced funding resolution is necessary. This item supports the City of Baytown's Economic and Financial Health vision.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): If necessary, these projects would be advanced funded with available resources in Water and Sewer Funds.

Attachments Resolution - Advanced Funding A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown, Texas (the "City"), is a home-rule city of the State of Texas, authorized to issue obligations to finance its activities pursuant to the Texas Government Code and other laws of said state, the interest on which is excludable from gross income for federal income tax purposes ("tax-exempt obligations") pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"); and

WHEREAS, the City will make, or has made not more than 60 days prior to the date hereof, payments with respect to the acquisition, construction, reconstruction or renovation of the property/project listed on Exhibit A, which is attached hereto and incorporated herein for all intents and purposes; and

WHEREAS, the City desires to reimburse itself for the costs associated with the acquisition, construction, reconstruction or renovation of the property/project listed on Exhibit “A” attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to the date hereof; and

WHEREAS, the City reasonably expects to issue tax-exempt obligations to reimburse itself for the costs associated with the property/project listed on Exhibit “A” attached hereto; NOW THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: The City reasonably expects to reimburse itself for all costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the acquisition, construction, reconstruction or renovation of the property/project listed on Exhibit A attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to the date hereof.

Section 2: The City reasonably expects that the maximum principal amount of tax- exempt obligations issued to reimburse the City for costs associated with the property/project listed on Exhibit “A” attached hereto will not exceed SEVEN MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($7,750,000.00).

Section 3: All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only.

Section 4: If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this resolution to any other person or circumstance shall not be affected thereby.

Section 5: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Resolutions\2012\February 9\ReimbursementResolution.doc

EXHIBIT A

DESCRIPTION OF PROPERTY/PROJECT

Item or Fund--Described by Amount--Described by Character, Type or Purpose Cost, Quantity or Size Miscellaneous Rehab & Emergencies-Sewer $1,000,000 Slapout Gully Lift Station $300,000 Hugh Wood Lift Station $300,000 Collection System Rehabilitation $4,000,000 Oakwood / Lee Heights Subdivision $700,000 Pelly / Gulf Hill Subdivision $450,000 Water System Rehabilitation $1,000,000 TOTAL $7,750,000

Exhibit “A,” Page Solo

AIR-5641 5. l. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Resolution: Consider Authorizing the City to Submit a Grant Application to the U.S. Department of Homeland Security for the FY2011 Staffing for Adequa Prepared for: Shon Blake Prepared by: Leasa Lopez, Grants Department: Fire

Information ITEM Consider a proposed resolution authorizing the City to submit a grant application to the U.S. Department of Homeland Security for the FY2011 Staffing for Adequate Fire and Emergency Response Grant ("SAFER") to hire additional firefighters.

PREFACE This proposed resolution authorizes the City to submit a grant application to the U.S. Department of Homeland Security for the FY2011 Staffing for Adequate Fire and Emergency Response Grant ("SAFER") Program to hire 15 additional firefighters. The SAFER grant was created to provide funding directly to fire departments in order to help them increase the number of trained, "front-line" firefighters available in their communities. If awarded, the two-year grant will be used to help with the staffing of Fire Station #7.

The budget below is based on a two-year grant for 15 firefighters:

Year Annual Salary Total Salary 1 $39,119 $586,785 2 $43,980 $659,700 Total $1,246,485 Estimated Benefits (35%) $436,269.75 Total Cost $1,682,754.75

There is no match required for this grant. This application meets the City's vision of a community that places a high premium on the safety of its citizens.

RECOMMENDATION RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: 0.00 Fiscal Impact (Additional Information): There is no City match required for this Grant.

Attachments Resolution - SAFER Grant

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THE FY2011 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT IN THE AMOUNT OF ONE MILLION SIX HUNDRED EIGHTY-TWO THOUSAND SEVEN HUNDRED FIFTY-FOUR AND 75/100 DOLLARS ($1,682,754.75) IN ORDER TO HIRE ADDITIONAL FIREFIGHTERS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Manager of the City of Baytown is hereby authorized to make application to the United States Department of Homeland Security for the FY2011 Staffing for Adequate Fire and Emergency Response Grant in the amount of ONE MILLION SIX HUNDRED EIGHTY-TWO THOUSAND SEVEN HUNDRED FIFTY-FOUR AND 75/100 DOLLARS ($1,682,754.75) in order to hire additional firefighters, which will be distributed as follows:

First 12-mo Second 12-mo Total Period Period Personnel $ 586,785.00 $ 659,700.00 $ 1,246.485.00 Benefits $ 205,374.75 $ 230,895.00 $ 436,269.75 Total: $792,159.75 $890,595.00 $ 1,682,754.75

Section 2: That the City Manager is hereby designated as the authorized representative for all purposes under the grant.

Section 3: That the City Manager of the City of Baytown is hereby authorized to accept or affirm any grant award that may result from the above application.

Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 9th day of February, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Resolutions\2012\February 9\SAFERGrant.doc

AIR-5648 6. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Community Development Advisory Committee Appointments - Planning and Development Services. Prepared by: June Tyler, Planning and Development Services Department: Planning and Development Services

Information ITEM Discuss two (2) appointments to the Community Development Advisory Committee (CDAC).

PREFACE The Community Development Advisory Committee (CDAC) is a ten-member Board that advises the City Council on the annual budget for the Community Development Block Grant program. The Baytown Code of Ordinances states that the composition of the CDAC shall have representation of low- to moderate-income areas of the City, as defined by the Department of Housing and Urban Development. Minority groups will be represented, at least, in proportion to such citywide percentage representation. The Committee shall consist of at least one member from each of the six council districts and one youth member from the city at large.

Currently there are two members who seek reappointment for terms beginning January 1, 2012, and ending December 31, 2013. These members are:

Committee Member Position Mr. Simmie Robinson District 1 Appointment Ms. Donna Terpening (Co-Chair) District 2 Appointment

The CDAC reappointments further the City's vision of improving the level of services and infrastructure by partnering with the community.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

Attachments CDAC Roster

Community Development Advisory Committee (CDAC)

Member Council District Original Appointment Term Expires Simmie L. Robinson 1 01/10/08 12/31/11 Donna Terpening (Co-Chair) 2 03/09/06 12/31/11 Martha Barnett 3 12/08/05 12/31/11 Jerry Smith 4 06/12/08 12/31/11 Terry Presley 5 11/23/04 12/31/12 Randy Casey 6 01/26/12 12/31/12 Norman Barnett (Chair) At Large 2 08/25/05 12/31/12 Nestor Hernandez At Large 2 04/14/11 12/31/12 Mary Flores At Large 01/26/12 12/31/12 Vacant Youth Advisory 12/31/12

AIR-5642 6. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Baytown Ethics Commission Appointments - City Clerk. Prepared for: Leticia Brysch Prepared by: Alisha Brinsfield, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider two (2) appointments to the Baytown Ethics Commission.

PREFACE The Baytown Ethics Commission is a five (5) member Commission appointed by the City Council from the membership of the Bay Area Ministerial Alliance. In the initial appointment of five (5) members, three (3) shall be appointed to serve two-year terms, and two (2) shall be appointed to serve three-year terms with all subsequent terms being that of three (3) years. The Commission has those powers and duties specified in the Baytown Ethics Ordinance and is advisory in nature.

There are two (2) Commissioners whose term is set to expire on March 12, 2012 and they are: Rev. Nick Novak, Trinity Episcopal Church and Rev. Raymond Van Buskirk, Redeemer Lutheran. Both commissioners are eligible for reappointment and desire to serve another term; if reappointed their term would commence March 13, 2012 and ends March 12, 2015.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information):

AIR-5639 6. c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Appointments: Baytown Library Baord - Library. Prepared by: Alisha Brinsfield, City Clerk's Office Department: City Clerk's Office

Information ITEM Discuss two (2) reappointments and two (2) openings to the Baytown Library Board.

PREFACE The Baytown Library Board is a seven (7) member board of qualified voters and residents appointed by the City Manager with Council approval; members serve two (2) year terms with a three (3) consecutive term limit.

The Library Board promulgates general rules and regulations covering the policies and operations of the Library Department with the approval of the City Council.

There are two (2) members whose terms are set to expire on February 28, 2012, and they are: Mr. David Frazier Mr. Gene Poirot. Both members are eligible for reappointment and desire to serve another two year term; if appointed their term would commence March 1, 2012 and end February 28, 2014.

Additionally, there are two (2) openings on the board to fill the unexpired term of Ms. Madeleine Crespo and Mr. Ron Lewis.

Currently there are no applications on file for these positions.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

Attachments Board Overview Board Members

City of Baytown

Term Tracker Report Run Date: 01/31/12 Sort First Name Last Name Title District/Position Original Appointment Start End 8 VACANT 2 Board Member Youth Ex-Officio 3 David Frazier Board Member Resident At-Large 02/11/2010 02/11/2010 02/28/2012 6 Gene Poirot Board Member Resident At-Large 02/10/2011 02/10/2011 02/28/2012 7 VACANT 1 Board Member Resident At-Large 02/28/2012 5 Tavita Lopez Board Member Resident At-Large 02/26/2009 03/01/2011 02/28/2013 0 VACANT 3 Board Member Resident At-Large 02/28/2013 1 Cindy Barefield Board Member Resident At-Large 05/10/2007 03/01/2011 02/28/2013 2 Gary Englert Board Member Resident At-Large 08/28/2008 03/01/2011 02/28/2013

AIR-5263 6. d. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Appointment: Baytown Tax Increment Reinvestment Zone Number One and the Baytown Redevelopment Authority Appointment - City Clerk. Prepared for: Leticia Brysch Prepared by: Alisha Brinsfield, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider one (1) appointment to the Baytown Tax Increment Reinvestment Zone Number One and the Baytown Redevelopment Authority.

PREFACE The City of Baytown Reinvestment Zone No. One and the Baytown Redevelopment Authority are made up of (9) members: (6) members are appointed by the Baytown City Council, (1) by Harris County, (1) by Goose Creek Independent School District, and (1) by Lee College.

Ms. Judy Dubose, the District 5 Appointment, tenured her resigned from the Board on Monday, October 24, 2011, effective immediately. However, please note that a board member continues to serve in their capacity as board member until a successor is qualified and appointed for the position.

Mr. David Brinkley is seeking the nomination to complete this unexpired term. If appointed he would serve through August 31, 2012, where he would then be eligible for reappointment at that time.

RECOMMENDATION

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Attachments Overview-Reinvestment Zone No. One Members-Reinvestment Zone No. One Overview-Baytown Redevelopment Authority Members-Baytown Redevelopment Authority David Brinkley Application

AIR-5674 7. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Eddie Huron Park Ribbon Cutting Ceremony - Parks and Recreation. Prepared for: Scott Johnson Prepared by: Leticia Brysch, City Clerk's Office Department: Parks and Recreation

Information ITEM The Eddie Huron Park Grand Opening and Ribbon Cutting will take place Thursday, February 16, 2012 at 5:00 p.m.

PREFACE The Eddie Huron Park Grand Opening and Ribbon Cutting will take place Thursday, February 16, 2012 at 5:00 p.m.

Eddie Huron Park, located at 4700 Bush Road, will officially open on Thursday, February 16, 2012. Funding for the development of the park was provided by the Municipal Development District.

Parking at the park is limited; however, staff plans to temporarily close the right hand north bound lane on Bush Road allowing for ample parking for the event.

RECOMMENDATION

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

Attachments Grand Opening Invitation

AIR-5675 7. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 02/09/2012 Marcus Lee Zaruba Criminal Justice Foundation's Jail Break Run - Police. Prepared for: Keith Dougherty Prepared by: Leticia Brysch, City Clerk's Office Department: Police

Information ITEM The Marcus Lee Zaruba Criminal Justice Foundation's Jail Break Run is scheduled for Saturday, February 11, 2012, beginning at 6:00 a.m. in front of the Baytown Police Department.

PREFACE The Marcus Lee Zaruba Criminal Justice Foundation's Jail Break Run is scheduled for Saturday, February 11, 2012, beginning at 6:00 a.m. in front of the Baytown Police Department. All are welcome to participate.

The run will be a half marathon, which will start and finish at the Baytown Police Department and will include an ascent up the Fred Hartman Bridge and a descent down the same side. Proceeds of the event will be disbursed between (i) the Baytown Municipal Police Officers Association for the establishment of a fund to aid officers experiencing unforeseen illnesses or injuries and (ii) Lee College for a criminal justice scholarship.

RECOMMENDATION