Ordinance No. 15,575 ORDINANCE NO. 15,575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUBPART B
"LAND DEVELOPMENT CODE," APPENDIX A"UNIFIED LAND DEVELOPMENT
CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.26 "REZONING, SPECIAL USE PERMITS, AND
ZONING TEXT AMENDMENTS" TO ADD SUBSECTION (E)(4)(X) "EXPANSION
OF WAREHOUSE, FREIGHT MOVEMENT, AND LOGISTICS USES LOCATED IN
A GC DISTRICT PRIOR TO OCTOBER 12, 2023;" AMENDING THE CODE OF
ORDINANCES,BAYTOWN,TEXAS,SUBPART B"LAND DEVELOPMENT CODE,"
APPENDIX A"UNIFIED LAND DEVELOPMENT CODE," ARTICLE I"GENERAL,"
DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.27
"NONCONFORMITIES," SUBSECTION (B)(2)(A) TO ALLOW FOR THE
EXPANSION OF AN EXISTING NONCONFORMING USE WITH A SPECIAL USE
PERMIT; AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
SUBPART B "LAND DEVELOPMENT CODE," 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,
"NON-RESIDENTIAL USES," TO DELETE "WAREHOUSE AND FREIGHT
MOVEMENT"AS A PERMITTED USE IN THE GENERAL COMMERCIAL ZONING
DISTRICT AND ADD FOOTNOTE (1), PROPOSING CONDITIONS FOR
EXPANSION OF AN EXISTING WAREHOUSE USE; AMENDING THE CODE OF
ORDINANCES,BAYTOWN,TEXAS,SUBPART B"LAND DEVELOPMENT CODE,"
APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE
DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION
2.10 "LAND USE CONDITIONS" TO DELETE COLUMN A.40, "LAND USE
CONDITIONS, WAREHOUSE AND FREIGHT MOVEMENT;" PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO'100 DOLLARS ($2,000.00);
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Subpart B "Land Development Code," Appendix A "Unified Land
Development Code," Article I "General," Division 3 "Land Use Tables and Conditions," Section 1.26
"Rezoning, special use permits, and zoning text amendments," is hereby amended to add Subsection
(e)(4)(x)as follows:
SUBPART B. LAND DEVELOPMENT CODE
APPENDIX A.UNIFIED LAND DEVELOPMENT CODE
ARTICLE I. GENERAL
DIVISION 3. ADMINISTRATION AND PROCEDURES
Sec. 1.26. Rezoning,special use permits,and zoning text amendments.
(e) Additional criteria fir special use permits. The planning and zoning commission may
recommend and the city council may adopt other conditions on any special use permit
application that are needed to protect the public health,safety and welfare,including, but
not limited to, hours of operation and additional landscape or parking requirements.
(4) The following uses identified in table 2-2 "Use conditions" require the issuance
of a special use permit:
a. Industrial uses, including:
viii. Slaughterhouse;
ix. Sandblasting; and
X. Expansion of warehouse, freight movement, and logistics uses
located in a GC District prior to October 12,2023.
Section 2: That Subpart B "Land Development Code," Appendix A "Unified Land
Development Code," Article I "General," Division 3 "Land Use Tables and Conditions," Section 1.27
"Nonconformities," Subsection (b)(2)a is hereby amended to allow for the expansion of an existing
nonconforming use with a special use permit as follows:
SUBPART B. LAND DEVELOPMENT CODE
APPENDIX A.UNIFIED LAND DEVELOPMENT CODE
ARTICLE I. GENERAL
DIVISION 3. ADMINISTRATION AND PROCEDURES
Sec. 1.27. Nonconformities.
(b) Nonconforming uses.
(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 special use permit in accordance with Section 1.26 shall be
required for the expansion of any non-conforming use. However, a
nonconforming use may be extended without a special use permit.
Section 3: That Subpart B "Land Development Code," 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 "Non-residential uses," is amended to delete "Warehouse and Freight
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Movement"as a permitted use in the General Commercial Zoning District and add footnote(1),proposing
conditions for expansion of an existing warehouse use as follows:
SUBPART B. LAND DEVELOPMENT CODE
APPENDIX A.UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec.2.09. Land use tables
Table 2-2.Non-residential uses.
Warehouse and freight (1) p p
movement
(1) Warehouse and freight movement uses in existence or vested prior to October 12, 2023,
shall be permitted to expand with the approval of a special use permit and compliance with
the following conditions:
a. Expansion is limited to no more than 50% of the total square footage of all
buildings lawfully existing or vested prior to October 12,2023.
b. Expansion shall be of a compatible height and architectural design as the existing
development on the site.
C. The expansion must comply with LI setbacks and GC percent maximum lot
coverage standards.
d. The expansion must provide a minimum of a 25-foot vegetative buffer on all sides
of the site.
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.
Section 4: That Subpart B "Land Development Code," Appendix A "Unified Land
Development Code,"Article I"General,"Division 3"Land Use Tables and Conditions,"Section 2.10"Land
use conditions"is amended to delete column A.40"Land use conditions,warehouse and freight movement"
in its entirety.
Section 5: Any person who fails to comply with any provision of this ordinance shall be guilty
of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND
AND NO:100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation
shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may
pursue other remedies, such as abatement of nuisances, injunctive relief, administrative adjudication and
revocation of licenses or permits.
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Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency.
In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 7: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason
be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of circumstances; and to this end,
all provisions of this ordinance are declared to be severable.
Section 8: This ordinance shall take effect from and after ten(10)days from its passage by the
City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown,this the 121 day of October,2023.
ON CAPETILLO, DAyor
TEST: °
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ANGEL ACKSON, UClerk, °ea co
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APPROVED AS O F RM:
SCOTT LEM D,City Attorney
R:\Karen Anderson ORDINANCES\2023\2023.10.12 S.Lemond ULDCAmendment-10-12-23.docx
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