Baytown City Zoning Code

ARTICLE 1

General Provisions

Sec. 1.11 Title

This document is entitled the "Unified Land Development Code," which governs all development in the City of Baytown, Texas, and may be referenced as the "ULDC."

Effective on: 1/1/1901

Sec. 1.12 Purposes

The City Council adopts this ULDC for the purpose of to protecting the health, safety, and general welfare of the current and future residents of the City in accordance with the goals of the Comprehensive Plan. The provisions of this ULDC are specifically designed to:

A.
Health, Safety, and General Welfare. Promote health, safety, and general welfare; by:
1. 1.
  Ensuring the provision of adequate light and air;
2. 2.
  Promoting public safety from fire, flooding, and other natural and man-made disasters, and other dangers with appropriate subdivision and site design;
3. 3.
  Preventing the overcrowding of land; and, promoting a healthful and convenient distribution of population by regulating the intensity and density of development;
4. 4.
  Ensuring an adequate street network to lessen congestion in the streets;
5. 5.
  Facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements for the benefit of the citizens of Baytown; and
6. 6.
  Preserving and protecting existing trees and vegetation, floodplains, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development.
B.
Quality of Life. Protect the quality of life of City residents, business owners, employees, and visitors by:
1. 1.
  Improving the city’s appearance through the regulation of design, where such regulations are appropriate;
2. 2.
  Avoid undue concentration of population;
3. 3.
  Protecting property against blight and depreciation by facilitating reinvestment, redevelopment, and infill development;
4. 4.
  Protecting the character and stability of agricultural, residential, institutional, commercial, industrial, and natural areas; and
5. 5.
  Economic Development. Encourage economic opportunities, particularly those that have meaningful multiplier effects on the local economy, by promoting the vitality and development of resilient commercial and industrial districts.
C.
Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
1. 1.
  Encouraging the most appropriate, efficient, and compatible use of land, buildings, and other structures throughout the City;
2. 2.
  Securing economy in government and private sector expenditures by promoting efficiency in development review;
3. 3.
  Encouraging infill development, where appropriate, in order to make efficient use of existing public infrastructure;
4. 4.
  Facilitating greenfield development, where appropriate, in order to capitalize on valued natural features; and
5. 5.
  Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access.
D.
Transparency and Streamlining. Provide transparent regulations and review procedures for development and outline the duties and powers of responsible administrative, elected, and appointed review bodies to maintain public trust.
E.
Stability. Promote the stability of existing land uses that conform with the Comprehensive Plan and protect the existing land uses from inharmonious influences and harmful intrusions.

Effective on: 1/1/1901

Sec. 1.13 Authority and Jurisdiction

Authority. The City Council adopts this ULDC pursuant to:

1.
State Statutes. The authority granted by Article XI, Section 5 of the Constitution of the State of Texas and laws of the State of Texas, including but not limited to the following provisions of the Texas Local Government Code (TLGC), and the Texas Water Code (TWC):
1. a.
  TLGC Chapter 211, Municipal Zoning Authority;
2. b.
  TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
3. c.
  TLGC Chapter 213, Municipal Comprehensive Plans;
4. d.
  TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
5. e.
  TLGC Chapter 216, Regulation of Signs by Municipalities;
6. f.
  TLGC Chapter 242, Authority to Regulate Subdivisions In and Outside Extraterritorial Jurisdiction;
7. g.
  TLGC Chapter 243, Municipal and County Authority to Regulate Sexually Oriented Business;
8. h.
  TLGC Chapter 244, Location of Certain Facilities and Shelters;
9. i.
  TLGC Chapter 245, Issuance of Local Permits;
10. j.
  TLGC Chapter 246, Construction of Certain Telecommunications Facilities;
11. k.
  TWC Sec. 16.315, Political Subdivisions; and
12. l.
  Additional authority as may be conferred by the Texas Statutes.
2.
Charter. The provisions of the City's Home Rule Charter and Code of Ordinances.

Jurisdiction.

1.
City Limits. All provisions of this ULDC shall apply to all land within the City limits, unless otherwise specifically stated in this ULDC.
2.
Extraterritorial Jurisdiction. The provisions in Article 4, Subdivision Design apply within the extraterritorial jurisdiction (ETJ) of the City of Baytown, Texas, which is currently three and a half miles as defined by state law.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 1.14 Enactment, Repeal, and Effective Date

a.
Enactment and Repeal. The enactment of this ULDC shall repeal and replace the following chapters of the City of Baytown Code of Ordinances, as amended:
1. 1.
  Subpart B, Land Development Code, including:
  1. i.
    Ch. 114, Sewer and Water Line; and
  2. ii.
    Ch. 122, Streets and Sidewalks.
2. 2.
  Appendix A, Unified Development Code.
b.
Effective Date. The effective date of this ULDC is January 1, 2025, which shall be the date when this ULDC enters into the full force of law.

Effective on: 1/1/1901

Sec. 1.21 Compliance with ULDC

Applicability of ULDC. 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. For purposes of this Section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building, structure, or land.

B.
Conformity with ULDC. There shall be no land used or subdivided nor structure constructed, occupied, enlarged, altered, or moved until:
1. 1.
  Review. The designated bodies vested with the authority to make a final decision on a development review application under this ULDC finds no conflict with any provision of this ULDC; and
2. 2.
  Approvals. The applicant obtains all required approvals from the bodies with the designated authority to issue such required permits or authorizations.
C.
Conformity with Comprehensive Plan. It is the intention of the City that these regulations are adopted in accordance with and to implement the policies adopted for the City, as reflected in the Comprehensive Plan.

Effective on: 1/1/1901

Sec. 1.22 Abrogation and Conflicting Provision

Abrogation. Except for those provisions of the City's Code of Ordinances explicitly repealed upon the adoption of this ULDC, the provisions of this ULDC are not intended to repeal, abrogate, or impair any existing public or private laws, deed restrictions, covenants, easements, or any other private agreement or restriction on the use of land.

Conflicting Provisions.

1.
Public Restrictions. 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 provisions that the Planning Director deems more restrictive shall control, unless otherwise specifically stated. If the written text of this ULDC is inconsistent with graphic or tabular information, the written text shall control. If a table in this ULDC is inconsistent with a graphic, the table shall control.
2.
Private Restrictions. Private restrictions, including, but not limited to, deed restrictions, covenants, or easements shall not be interpreted or enforced by the City. Provided that where the provisions of this ULDC are more restrictive or impose higher standards than a private restriction, the requirements of this ULDC shall control.

Illustrations. Illustrations and photographs in this ULDC are provided for illustrative purposes only and do not have regulatory authority. In the case of a conflict between the text and any graphics, the text governs.

Effective on: 1/1/1901

Sec. 1.23 Transitional Provisions and Vesting

General. In accordance with Texas Local Government Code Chapter 245, Issuance of Local Permits, it is the City's intent to respect approved development applications that were addressed in the adopted regulatory documents that pre-date this ULDC.

Development Approvals that Predate the ULDC.

1.
Generally. Development applications submitted prior to the effective date of this ULDC may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval is valid and has not expired.
2.
Duration of Approvals. Development approvals that are valid on the effective date of this ULDC are valid until the expiration date in the approval documents or prior regulations or, if no expiration date is specified in the approval documents or prior regulations, pursuant to Table 7.210-1, Development Review Summary Table.

Pending Applications.

1.
Generally. Except as provided in Paragraph 2, Expired Applications, below, each development application shall be evaluated in accordance with the adopted regulatory documents in effect at the time that each complete application is submitted.
2.
Expired Applications. Pending development applications that the applicant does not pursue with diligence may expire pursuant to Section 7.29, Inactive and Expired Applications.

Effective on: 1/1/1901

Sec. 1.24 Severability

Generally. If a court of competent jurisdiction holds any provision of this ULDC for any reason illegal, invalid, or unenforceable, the same shall not be construed to affect any other valid portion hereof, and the remainder of this ULDC shall not be affected and shall remain in full force and effect.

As-Applied. If a court of competent jurisdiction holds any application of a provision of this ULDC to a particular structure, land, or body of water to be illegal or invalid "as-applied", such decision shall not apply to any other structure, land, or body of water not specifically included in the judgment.

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 1

General Provisions

Sec. 1.11 Title

This document is entitled the "Unified Land Development Code," which governs all development in the City of Baytown, Texas, and may be referenced as the "ULDC."

Effective on: 1/1/1901

Sec. 1.12 Purposes

A.
Health, Safety, and General Welfare. Promote health, safety, and general welfare; by:
1. 1.
  Ensuring the provision of adequate light and air;
2. 2.
  Promoting public safety from fire, flooding, and other natural and man-made disasters, and other dangers with appropriate subdivision and site design;
3. 3.
  Preventing the overcrowding of land; and, promoting a healthful and convenient distribution of population by regulating the intensity and density of development;
4. 4.
  Ensuring an adequate street network to lessen congestion in the streets;
5. 5.
  Facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements for the benefit of the citizens of Baytown; and
6. 6.
  Preserving and protecting existing trees and vegetation, floodplains, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development.
B.
Quality of Life. Protect the quality of life of City residents, business owners, employees, and visitors by:
1. 1.
  Improving the city’s appearance through the regulation of design, where such regulations are appropriate;
2. 2.
  Avoid undue concentration of population;
3. 3.
  Protecting property against blight and depreciation by facilitating reinvestment, redevelopment, and infill development;
4. 4.
  Protecting the character and stability of agricultural, residential, institutional, commercial, industrial, and natural areas; and
5. 5.
  Economic Development. Encourage economic opportunities, particularly those that have meaningful multiplier effects on the local economy, by promoting the vitality and development of resilient commercial and industrial districts.
C.
Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
1. 1.
  Encouraging the most appropriate, efficient, and compatible use of land, buildings, and other structures throughout the City;
2. 2.
  Securing economy in government and private sector expenditures by promoting efficiency in development review;
3. 3.
  Encouraging infill development, where appropriate, in order to make efficient use of existing public infrastructure;
4. 4.
  Facilitating greenfield development, where appropriate, in order to capitalize on valued natural features; and
5. 5.
  Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access.
D.
Transparency and Streamlining. Provide transparent regulations and review procedures for development and outline the duties and powers of responsible administrative, elected, and appointed review bodies to maintain public trust.
E.
Stability. Promote the stability of existing land uses that conform with the Comprehensive Plan and protect the existing land uses from inharmonious influences and harmful intrusions.

Effective on: 1/1/1901

Sec. 1.13 Authority and Jurisdiction

Authority. The City Council adopts this ULDC pursuant to:

1.
State Statutes. The authority granted by Article XI, Section 5 of the Constitution of the State of Texas and laws of the State of Texas, including but not limited to the following provisions of the Texas Local Government Code (TLGC), and the Texas Water Code (TWC):
1. a.
  TLGC Chapter 211, Municipal Zoning Authority;
2. b.
  TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
3. c.
  TLGC Chapter 213, Municipal Comprehensive Plans;
4. d.
  TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
5. e.
  TLGC Chapter 216, Regulation of Signs by Municipalities;
6. f.
  TLGC Chapter 242, Authority to Regulate Subdivisions In and Outside Extraterritorial Jurisdiction;
7. g.
  TLGC Chapter 243, Municipal and County Authority to Regulate Sexually Oriented Business;
8. h.
  TLGC Chapter 244, Location of Certain Facilities and Shelters;
9. i.
  TLGC Chapter 245, Issuance of Local Permits;
10. j.
  TLGC Chapter 246, Construction of Certain Telecommunications Facilities;
11. k.
  TWC Sec. 16.315, Political Subdivisions; and
12. l.
  Additional authority as may be conferred by the Texas Statutes.
2.
Charter. The provisions of the City's Home Rule Charter and Code of Ordinances.

Jurisdiction.

1.
City Limits. All provisions of this ULDC shall apply to all land within the City limits, unless otherwise specifically stated in this ULDC.
2.
Extraterritorial Jurisdiction. The provisions in Article 4, Subdivision Design apply within the extraterritorial jurisdiction (ETJ) of the City of Baytown, Texas, which is currently three and a half miles as defined by state law.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 1.14 Enactment, Repeal, and Effective Date

a.
Enactment and Repeal. The enactment of this ULDC shall repeal and replace the following chapters of the City of Baytown Code of Ordinances, as amended:
1. 1.
  Subpart B, Land Development Code, including:
  1. i.
    Ch. 114, Sewer and Water Line; and
  2. ii.
    Ch. 122, Streets and Sidewalks.
2. 2.
  Appendix A, Unified Development Code.
b.
Effective Date. The effective date of this ULDC is January 1, 2025, which shall be the date when this ULDC enters into the full force of law.

Effective on: 1/1/1901

Sec. 1.21 Compliance with ULDC

B.
Conformity with ULDC. There shall be no land used or subdivided nor structure constructed, occupied, enlarged, altered, or moved until:
1. 1.
  Review. The designated bodies vested with the authority to make a final decision on a development review application under this ULDC finds no conflict with any provision of this ULDC; and
2. 2.
  Approvals. The applicant obtains all required approvals from the bodies with the designated authority to issue such required permits or authorizations.
C.
Conformity with Comprehensive Plan. It is the intention of the City that these regulations are adopted in accordance with and to implement the policies adopted for the City, as reflected in the Comprehensive Plan.

Effective on: 1/1/1901

Sec. 1.22 Abrogation and Conflicting Provision

Conflicting Provisions.

1.
Public Restrictions. 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 provisions that the Planning Director deems more restrictive shall control, unless otherwise specifically stated. If the written text of this ULDC is inconsistent with graphic or tabular information, the written text shall control. If a table in this ULDC is inconsistent with a graphic, the table shall control.
2.
Private Restrictions. Private restrictions, including, but not limited to, deed restrictions, covenants, or easements shall not be interpreted or enforced by the City. Provided that where the provisions of this ULDC are more restrictive or impose higher standards than a private restriction, the requirements of this ULDC shall control.

Effective on: 1/1/1901

Sec. 1.23 Transitional Provisions and Vesting

Development Approvals that Predate the ULDC.

1.
Generally. Development applications submitted prior to the effective date of this ULDC may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval is valid and has not expired.
2.
Duration of Approvals. Development approvals that are valid on the effective date of this ULDC are valid until the expiration date in the approval documents or prior regulations or, if no expiration date is specified in the approval documents or prior regulations, pursuant to Table 7.210-1, Development Review Summary Table.

Pending Applications.

1.
Generally. Except as provided in Paragraph 2, Expired Applications, below, each development application shall be evaluated in accordance with the adopted regulatory documents in effect at the time that each complete application is submitted.
2.
Expired Applications. Pending development applications that the applicant does not pursue with diligence may expire pursuant to Section 7.29, Inactive and Expired Applications.

Effective on: 1/1/1901

Sec. 1.24 Severability

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 1

General Provisions

Sec. 1.11 Title

This document is entitled the "Unified Land Development Code," which governs all development in the City of Baytown, Texas, and may be referenced as the "ULDC."

Effective on: 1/1/1901

Sec. 1.12 Purposes

A.
Health, Safety, and General Welfare. Promote health, safety, and general welfare; by:
1. 1.
  Ensuring the provision of adequate light and air;
2. 2.
  Promoting public safety from fire, flooding, and other natural and man-made disasters, and other dangers with appropriate subdivision and site design;
3. 3.
  Preventing the overcrowding of land; and, promoting a healthful and convenient distribution of population by regulating the intensity and density of development;
4. 4.
  Ensuring an adequate street network to lessen congestion in the streets;
5. 5.
  Facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements for the benefit of the citizens of Baytown; and
6. 6.
  Preserving and protecting existing trees and vegetation, floodplains, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development.
B.
Quality of Life. Protect the quality of life of City residents, business owners, employees, and visitors by:
1. 1.
  Improving the city’s appearance through the regulation of design, where such regulations are appropriate;
2. 2.
  Avoid undue concentration of population;
3. 3.
  Protecting property against blight and depreciation by facilitating reinvestment, redevelopment, and infill development;
4. 4.
  Protecting the character and stability of agricultural, residential, institutional, commercial, industrial, and natural areas; and
5. 5.
  Economic Development. Encourage economic opportunities, particularly those that have meaningful multiplier effects on the local economy, by promoting the vitality and development of resilient commercial and industrial districts.
C.
Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
1. 1.
  Encouraging the most appropriate, efficient, and compatible use of land, buildings, and other structures throughout the City;
2. 2.
  Securing economy in government and private sector expenditures by promoting efficiency in development review;
3. 3.
  Encouraging infill development, where appropriate, in order to make efficient use of existing public infrastructure;
4. 4.
  Facilitating greenfield development, where appropriate, in order to capitalize on valued natural features; and
5. 5.
  Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access.
D.
Transparency and Streamlining. Provide transparent regulations and review procedures for development and outline the duties and powers of responsible administrative, elected, and appointed review bodies to maintain public trust.
E.
Stability. Promote the stability of existing land uses that conform with the Comprehensive Plan and protect the existing land uses from inharmonious influences and harmful intrusions.

Effective on: 1/1/1901

Sec. 1.13 Authority and Jurisdiction

Authority. The City Council adopts this ULDC pursuant to:

1.
State Statutes. The authority granted by Article XI, Section 5 of the Constitution of the State of Texas and laws of the State of Texas, including but not limited to the following provisions of the Texas Local Government Code (TLGC), and the Texas Water Code (TWC):
1. a.
  TLGC Chapter 211, Municipal Zoning Authority;
2. b.
  TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
3. c.
  TLGC Chapter 213, Municipal Comprehensive Plans;
4. d.
  TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
5. e.
  TLGC Chapter 216, Regulation of Signs by Municipalities;
6. f.
  TLGC Chapter 242, Authority to Regulate Subdivisions In and Outside Extraterritorial Jurisdiction;
7. g.
  TLGC Chapter 243, Municipal and County Authority to Regulate Sexually Oriented Business;
8. h.
  TLGC Chapter 244, Location of Certain Facilities and Shelters;
9. i.
  TLGC Chapter 245, Issuance of Local Permits;
10. j.
  TLGC Chapter 246, Construction of Certain Telecommunications Facilities;
11. k.
  TWC Sec. 16.315, Political Subdivisions; and
12. l.
  Additional authority as may be conferred by the Texas Statutes.
2.
Charter. The provisions of the City's Home Rule Charter and Code of Ordinances.

Jurisdiction.

1.
City Limits. All provisions of this ULDC shall apply to all land within the City limits, unless otherwise specifically stated in this ULDC.
2.
Extraterritorial Jurisdiction. The provisions in Article 4, Subdivision Design apply within the extraterritorial jurisdiction (ETJ) of the City of Baytown, Texas, which is currently three and a half miles as defined by state law.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 1.14 Enactment, Repeal, and Effective Date

a.
Enactment and Repeal. The enactment of this ULDC shall repeal and replace the following chapters of the City of Baytown Code of Ordinances, as amended:
1. 1.
  Subpart B, Land Development Code, including:
  1. i.
    Ch. 114, Sewer and Water Line; and
  2. ii.
    Ch. 122, Streets and Sidewalks.
2. 2.
  Appendix A, Unified Development Code.
b.
Effective Date. The effective date of this ULDC is January 1, 2025, which shall be the date when this ULDC enters into the full force of law.

Effective on: 1/1/1901

Sec. 1.21 Compliance with ULDC

B.
Conformity with ULDC. There shall be no land used or subdivided nor structure constructed, occupied, enlarged, altered, or moved until:
1. 1.
  Review. The designated bodies vested with the authority to make a final decision on a development review application under this ULDC finds no conflict with any provision of this ULDC; and
2. 2.
  Approvals. The applicant obtains all required approvals from the bodies with the designated authority to issue such required permits or authorizations.
C.
Conformity with Comprehensive Plan. It is the intention of the City that these regulations are adopted in accordance with and to implement the policies adopted for the City, as reflected in the Comprehensive Plan.

Effective on: 1/1/1901

Sec. 1.22 Abrogation and Conflicting Provision

Conflicting Provisions.

1.
Public Restrictions. 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 provisions that the Planning Director deems more restrictive shall control, unless otherwise specifically stated. If the written text of this ULDC is inconsistent with graphic or tabular information, the written text shall control. If a table in this ULDC is inconsistent with a graphic, the table shall control.
2.
Private Restrictions. Private restrictions, including, but not limited to, deed restrictions, covenants, or easements shall not be interpreted or enforced by the City. Provided that where the provisions of this ULDC are more restrictive or impose higher standards than a private restriction, the requirements of this ULDC shall control.

Effective on: 1/1/1901

Sec. 1.23 Transitional Provisions and Vesting

Development Approvals that Predate the ULDC.

1.
Generally. Development applications submitted prior to the effective date of this ULDC may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval is valid and has not expired.
2.
Duration of Approvals. Development approvals that are valid on the effective date of this ULDC are valid until the expiration date in the approval documents or prior regulations or, if no expiration date is specified in the approval documents or prior regulations, pursuant to Table 7.210-1, Development Review Summary Table.

Pending Applications.

1.
Generally. Except as provided in Paragraph 2, Expired Applications, below, each development application shall be evaluated in accordance with the adopted regulatory documents in effect at the time that each complete application is submitted.
2.
Expired Applications. Pending development applications that the applicant does not pursue with diligence may expire pursuant to Section 7.29, Inactive and Expired Applications.

Effective on: 1/1/1901

Sec. 1.24 Severability

Effective on: 1/1/1901