Ordinance No. 15,361 ORDINANCE NO. 15,361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS,"
DIVISION 2 "ZONING DISTRICTS," SECTION 2.04 "COMMERCIAL ZONING
DISTRICTS," SECTION 2.05 "RESIDENTIAL ZONING DISTRICTS," SECTION 2.09
"LAND USE TABLES," TABLE 2-2 "NON-RESIDENTIAL USES," AND SECTION
2.10 "LAND USE CONDITIONS;" AND AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS,"
DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS," TABLE 3-1 "PROPERTY
DEVELOPMENT STANDARDS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
PROVIDING A M-PEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NOA00
DOLLARS ($2,000.00) AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 2 "Zoning Districts," Section 2.04 "Commercial zoning districts" of the Code of Ordinances,
Baytown,Texas,is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 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 neighborhood scale
commercial uses and medium density residential uses that are compatible with each other
in impact and scale. The development character includes a mix of uses in one structure,
one property with multiple structures,or stand-alone primary structure.
Section 2: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 2 "Zoning Districts," Section 2.05 "Residential zoning districts," of the Code of Ordinances,
Baytown,Texas,is hereby amended to include the intent of the"Mixed Use"zoning district as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 2.ZONING DISTRICTS
Sec.2.05 Residential zoning districts.
(i) Mixed use ("MU'). This district is intended to accommodate neighborhood scale
commercial uses and medium density residential uses that are compatible with each
other in impact and scale. The development character includes a mix of uses in one
structure,one property with multiple structures,or stand-alone primary structure.
Section 3: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," "Table 2-2"of the Code of
Ordinances,Baytown,Texas, is hereby amended to read as follows:
Sec.2.09 Land use tables.
Table 2-2. Non-residential uses.
USES MU NSC ACE GC LC U HI COND REP
Auto body shop PC P Al
Vehicle repair,non- PC P A2
commercial
Dwelling unit(s) P PC PC PC A44
Equipment sales and rental PC P P A53
facilities
Extended stay motel PC A13
Grocery stores PC PC PC P P A19
Hotel PC PC PC A13
Manufacturing(light) PC PC P A48,A48.5
Medical facilities
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Clinics P P P P P
Parking,commercial P P
Recreational vehicle park PC PC A31
Retail
General PC PC P P P P A18
Big box PC PC A17
Self storage PC P A59
Supply houses PC PC P A54,A54.5
Vehicle and boat sales,rental PC P A52
or leasing facility
Vehicle fueling station P P P P A16
Vehicle fueling station PC P P P A14,A15,
minimart A16
Vehicle storage P A36,A42
Warehouse and freight PC P P A40
movement
Wholesale trade PC P A40
Table 2-3.Non-residential accessory use table.
•,t'�
Boat and RV storage PC P A42
Container PC PC PC A6,A7,A42
Dog run PC PC A25
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Dwelling unit P PC PC PC PC PC A44
Equipment sales and rental PC A53
facilities
Kennel PC PC A25
Parking,commercial P
Sandblasting PC PC PC PC PC A56,A57
Vehicle Storage PC P P A36
Table 2-4.Residential uses.
L ei+' �ytlC ,fit:. €-1;�: '��ir1 '�+1►y� 1�1QRl A!`�1 ioh`a I ;t'{:It. W ttOl►W,
Two-family dwelling PC P PC P P PC B 18,
duplex B 19
Section 4: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 3 "Land Use Tables and Conditions," Section 2.10 "Land use conditions" is hereby amended to
read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec.2.10 Land use conditions.
This section sets forth the conditions associated with identified land uses in section 2.05. The
conditions expressed in the use table are cumulative of applicable conditions contained elsewhere in the
Code.
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A.Non-Residential Categories
2 Vehicle repair, GC (a) Vehicle repair shall be separated from all adjacent
non-commercial uses by opaque screening.
(b) Vehicles must be kept on the private property of the
vehicle repair facility.
(c) Vehicle storage is subject to the outdoor storage
conditions of this appendix and must be kept behind
opaque screening and in accordance with chapter 112
of the Code of Ordinances.
3 Building,heating, GC, MU (a) Outdoor storage shall be separated from all adjacent
plumbing,general, uses and public rights-of-way by transition buffer.
service or electrical
contractors with (b) Loading docks or bay doors shall not face an arterial
outdoor storage or collector street.
6 Containers GC (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.
(c) There is no limit to the number of containers on a
property.
(d) Containers shall be screened from all adjacent
properties by opaque screening.
13 Hotel GC,ACE, Hotels shall be located on property that is at least one acre in
LC size.
GC,ACE, Interior A hotel shall(i)only permit controlled access to
access
MU,LC rooms via a lobby and interior hallways; and(ii)
include place(s)of assembly,including but not
limited,to,spa room,fitness room,game room and/or
cocktail lounge with a combined minimum of 2,000
square feet.
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18 General retail NSC, General retail shall not exceed 10,000 square feet in total
ACE,MU building area.
19 Grocery stores ACE, (a) Grocery stores shall not exceed 10,000 square feet in
NSC,MU building area in NSC and MU.
(b) Grocery stores shall not exceed 40,000 square feet in
building area in ACE.
20 Group housing, All,where (a) Group housing,nursing homes and assisted living
nursing homes and permitted facilities must be licensed by the state.
assisted living
facilities (b) Group housing,nursing homes and assisted living
facilities shall not be located within a floodplain or
floodway.
(c) Group housing,nursing homes and assisted living
facilities shall annually prepare and implement an
evacuation plan for all residents in 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.
25 Kennels GC, LI (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.
(c) Kennels are not allowed within 300 feet from where
food is sold or consumed.
(d) Kennels shall not house exotic animals.
28 Office NSC, Office shall not exceed 10,000 square feet in building size in
ACE, MU NSC and MU.
Office shall not exceed 4,000 square feet in building size in
ACE.
36 Vehicle storage GC (a) Vehicle storage is subject to the outdoor storage
conditions of this ordinance and must be kept behind
opaque screening and in accordance with chapter 112
of the Code of Ordinances.
(b) Vehicles that contain hazardous materials pursuant to
the standards of the state department of
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transportation,the state commission on
environmental quality,or any other regulatory agency
of the state or federal government are not allowed to
be in such vehicle storage.
40 Warehouse and GC (a) Warehouse and freight movement excludes shipment
freight movement, or storage of hazardous cargo and/or materials.
Wholesale Trade
(b) Warehouse shall have a maximum building height of
40 feet.
(c) Outdoor storage shall be separated by opaque
screening from all adjacent uses and all public rights-
of-way.
(d) Loading docks or bay doors shall not face arterial or
collector street.
(e) If warehouse exceeds 10,000 square feet,must adhere
to LI vegetative buffer described in Sec. 18-1206.5 of
the Code of Ordinances.
(f) No rail,boat,or air transport of cargo may be used
for freight movement on site.
(g) The primary activity must be done within the
enclosed warehouse structure.
(h) Warehouse must be located on an arterial street.
(i) Minimum lot size must be at least one acre.
(j) The minimum building setback shall be a 100 feet.
Within this setback,a 50-foot open space and a 50-
foot vegetative buffer shall be provided.
(k) Existing uses may expand no more than 50%' of the
total square footage of all buildings lawfully existing
on December 20,2015,and be exempt from all use
conditions,property development and compatibility
standards except for the following:
» Meet LI setbacks along with all other
standards for GC in Table 3-1; and
» Provide a minimum of six feet of opaque
screening from all adjacent uses.
All outdoor storage shall be separated by a vegetative
or transition buffer, as described in section 3.14(i)of
the Code of Ordinances,from all adjacent uses and
all public streets.
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44 Dwelling Unit MU, (a) New attached single-family and duplex dwellings are
ACE,LC, allowed in MU as a primary use. Conditions for the
GC,LI, respective dwelling unit type can be found in Section
HI B—Residential Categories of Land Use Conditions
Chart.
(b) Dwelling units are allowed in ACE following the
standards set forth in this ULDC.
(c) Live-work uses may be located in an ACE district
i. Behind a business on its first floor as long as:
• The exterior wall of the residential area is
not along Texas Avenue;
• The exterior wall of the commercial use and
the primary entrance to the commercial use
is along Texas Avenue;and
• The commercial use occupies at least 250.0 of
the area of the first floor;and
ii. Above the first floor where the residential unit
has frontage on Texas Avenue.
iii. If:
• No residential dwelling unit on the first floor
has a door opening onto the primary street;
• Less than 5V 0 of the mixed-use building's
frontage on the first floor along a primary
street is used for residential dwelling unit(s);
and
• The mixed-use building is not new
construction; or
iv. If the residential unit is above the ground floor.
(d) When a mixed-use building fronts on Texas Avenue
in the ACE district,a residential use is allowed only
i. If:
• No residential dwelling unit on the first floor
has a door opening onto the primary street;
• Less than 50%of the mixed-use building's
frontage on the first floor along a primary
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street is used for residential dwelling unit(s);
and
• The mixed-use building is not new
construction;or
ii. If the residential unit is above the ground floor.
(e) Dwelling units are allowed in LC in cases in which
they are allowed in an approved planned unit
development.
(f) A dwelling unit is allowed in GC,LI,and HI as an
accessory use for on-site security and management
purposes.
(g) A detached single-family dwelling unit is allowed in
MU as an accessory use for on-site security and
management purposes when used as a commercial
use.
(h) Except as provided in condition A44(g),new
dwelling units cannot be constructed after April 13,
2013, in GC.
48.5 Manufacturing GC (a) Minimum lot size must be at least one acre.
(light)
(b) The minimum building setback shall be 100 feet.
Within this setback,a 50-foot open space and a 50-
foot vegetative buffer shall be provided.
(c) Existing uses may expand no more than 50°o of the
total square footage of all buildings lawfully existing
on December 20,2015, and be exempt from all use
conditions,property development and compatibility
standards except for the following:
» Meet LI setbacks along with all other standards
for GC in Table 3-1; and
» Provide a minimum of six feet of opaque
screening from all adjacent uses.
53 Equipment sales GC (a) All equipment shall be separated by opaque screening
and rental facilities from all adjacent properties and all public rights-of-
way,except one of each equipment type may be used
for display purposes.
(b) The sale or rental of tools,tractors or equipment,
which are over 13,000 lbs.GVWR and/or are greater
in height than 10 feet in its storage configuration
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and/or are designed and used solely for industrial
purposes is not permitted.
54 Supply houses GC (a) Outdoor storage shall be separated by opaque
screening from all adjacent uses and all public rights-
of-way.
(b) Storage or sale of hazardous cargo and/or materials is
prohibited.
(c) Loading docks or bay doors shall not face arterial or
collector rights-of-way.
(d) The minimum building setback shall be 100 feet.
Within this setback,a 50-foot open space and a 50-
foot vegetative buffer shall be provided.
(e) Minimum lot size must be at least one acre.
(f) Existing uses may expand no more than 50RO of the
total square footage of all buildings lawfully existing
on December 20,2015, and be exempt from all use
conditions,property development and compatibility
standards except for the following:
» Meet LI setbacks along with all other standards
for GC in Table 3-1;and
» Provide a minimum of six feet of opaque
screening from all adjacent uses.
(b) Storage or sale of hazardous cargo and/or materials is
prohibited.
56 Sandblasting GC,NSC, Sandblasting must be conducted wholly within an enclosed
ACE,LC structure.
59 Self-storage GC (a) No self-storage land use shall be located within one
mile of another self-storage land use.The
measurement of the distance between self-storage
shall be in a direct line from property line to property
line,without regard to roadways and intersections;
and
Self-storage buildings shall have a maximum height
of 30 feet. Parapet walls used to screen mechanical
equipment on the roof shall not be considered for the
height measurement.
(b) Bay access,interior—Self-storage bay(s)iunit(s)shall
be accessed from the interior of a building; and Self-
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storage bay(s)/unit(s)./doors shall not be visible from
the exterior of the building.
(c) Bay access,exterior—Self-storage bay(s)!'unit(s)with
entrances accessible from the exterior of the building
shall only be permitted along fagades facing the
interior of the property and fagades not facing the
public street.
Self-storage bay(s)unit(s)with entrances accessible
from the exterior of the building shall install a
transition buffer as described in section 3.140)5 of
the Code of Ordinances.
B.Residential Categories
14 Single-family S172, MU (a) Each single-family attached dwelling unit shall be
dwelling attached MF1, situated on a separate legally platted lot.
MF2
(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 eight.
(f) The minimum number units per building is three.
(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 2500 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.
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Section 5: That Appendix A"Unified Land Development Code,"Article III"Design and Compatibility
Standards," Division 1 "Property Development Standards," Table 3-1 "Property development standards" is hereby
amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS
DIVISION 1.PROPERTY DEVELOPMENT STANDARDS
Table 3-1. Property development standards.
_ 3
[ 'L I LC ACE
Percent maximum lot 50 60 60 80 50 70 80 70
coverage
Section 6: 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 7: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed;provided,however, that such repeal shall be only to the extent of such inconsistency.
In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section8: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason
be held unconstitutional, void, or invalid, such invalidity shall 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 9: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
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INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown,this the 9'day of February, 2023.
DON CAPETILLO, ayor
ATTEST:
�F°gAYT01y��
.F
ANGELA J KSON,Ci Clerk- N
co
APPROVED A T FO IVT�°� °°� '��
SCOTT LE O D, City Attorney
R:UCaren Anderson ORDINANCES\2023\2023.02.09 S.Lemond ULDCAmendment-2-9-23.docx
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