Ordinance No. 16,249 ORDINANCE NO. 16,249
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, CHAPTER 111 "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE 2 "ZONING DISTRICTS AND DIMENSIONAL STANDARDS," DIVISION 2.3 "USE
STANDARDS," SEC. 2.31 "CONSOLIDATED USE TABLE," SUBSECTION 2.31-1 "LAND USE
TABLE;" DIVISION 2.3 "USE STANDARDS," SEC. 2.34 "SPECIAL USE STANDARDS,"
SUBSECTION 2.34-F "ADDITIONAL STANDARDS FOR SPECIFIC NONRESIDENTIAL USES;"
ARTICLE 7, "DEVELOPMENT REVIEW PROCEDURES," DIVISION 7.2, "COMMON REVIEW
PROCEDURES," SECTION 7.25 "PUBLIC NOTICE," SUBSECTION 7.25-A "PUBLIC NOTICE,"
SUBSECTION 7.25-A.2 "MAILED NOTICE" 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;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 111, "Unified Land Development Code," Article 2 "Zoning Districts
and Dimensional Standards," Division 2.3, "Use Standards," Sec. 2.31 "Consolidated Use Table,"
Subsection 2.31-1, "Land Use Table"is hereby amended as follows:
CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE
ARTICLE 2.ZONING DISTRICTS AND DIMENSIONAL STANDARDS
DIVISION 2.3. USE STANDARDS
Sec. 2.31 Consolidated Use Table
Subsec. 2.31-1 Land Use Table
Table 2.31-1,Land Use Table
Key: P=Permitted Use I S=Special Use I L=Limited Use I — = Prohibited
CV=Conventional Development Type I CS=Cluster Development Type I IF=Infill Development Type I MS=Main Street FLX=Flex
Zoning Districts
Use Residential Mixed-Use Non-Residential
Specific Uses Use Standards
Category ER SR MR UR DTA Sl
AR MUN NC GC FC LI HI OR
CV CV CS CV CV IF MS FLX MS FLX SI 3
PUBLIC AND CIVIC USES _
Battery Storage
Utilities System Facility S S S S S SS S S S S S S S S SPP -- 231
Section 2: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts
and Dimensional Standards," Division 2.3 "Use Standards," Section 2.34, "Special Use Standards,"
Subsection 2.34-F"Additional Standards for Specific Nonresidential Uses,"is hereby amended as follows:
CHAPTER 111.UNIFIED LAND DEVELOPMENT CODE
ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS
DIVISION 2.3.USE STANDARDS
Sec. 2.34 Special Use Standards
Subsec.2.34-F Additional Standards for Specific Nonresidential Uses
9. Battery Storage System Facility
a. BESS containers must be located a minimum of 200 feet from all residential
uses/structures and a minimum of 100 feet from all other uses/structures.
b. The project site must be screened by a masonry wall,minimum of 6 feet tall.
c. The project site must be screened using bufferyard"B"from ULDC Table 3.43-2
adjacent to any commercial districts and bufferyard"C"adjacent to any residential
districts.
d. For applications for a Special Use Permit for Battery Energy Storage System, the
applicant shall be required to provide notice of neighborhood meetings and
required public hearings by mail to owners of land within 500 feet of the property
line of the property on which the proposed BESS operations are proposed to occur,
per Sec.7.25 Public Notice.
e. At least one neighborhood meeting must be held to inform residents of the area of
this planned project prior to required public hearings.
f. Construction must meet NFPA 855 standards and all other applicable codes.
g. A decommissioning plan must be submitted before any permits will be issued for
construction.
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Section 3: That Chapter 111, "Unified Land Development Code," Article 7, "Development
Review Procedures," Division 7.2, "Common Review Procedures," Section 7.25 "Public Notice,"
Subsection 7.25-A"Public Notice," Subsection 7.25-A.2 "Mailed Notice"is hereby amended as follows:
CHAPTER 111.UNIFIED LAND DEVELOPMENT CODE
ARTICLE 7. DEVELOPMENT REVIEW PROCEDURES
DIVISION 7.2. COMMON REVIEW PROCEDURES
Sec. 7.25 Public Notice
Subsec. 7.25-A Public Notice
Subsec.7.25-A.2 Mailed Notice
d. For applications for a Special Use Permit for Battery Energy Storage System, the applicant shall be
required to provide notice of neighborhood meetings and required public hearings by mail to owners of
land within 500 feet of the property line of the property on which the proposed BESS operations are
proposed to occur.
e. Measured from the perimeter of the property;
f. Taken inclusive of public streets;and
g. Served by using the last known address as listed on the County tax roll and depositing the notice,postage
paid,with the United States Postal Service(USPS).
Section 16: Any person who fails to comply with any provision contained in Sections 1-16 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 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 17: 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 18: 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 19: This ordinance shall take effect on October 5,2025.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 the ten(10)days preceding October 5, 2025.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 25th day of September, 2025.
I i
C RLES JOHN ON, Mayor
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ANGEL J CKSON, City Cle
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APPROVED S 0 FORM:
SCOTT LE ND, City Attorney
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