Ordinance No. 16,267 (Item 3.b.) ORDINANCE NO. 16,267
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW FOR VEHICLE AND
BOAT SALES,AND RENTALS USE IN THE MIXED-USE NEIGHBORHOOD(MUN)
ZONING DISTRICT, LOCATED AT 427 WEST MAIN STREET, ON AN
APPROXIMATELY 0.19 ACRE PARCEL, LEGALLY DESCRIBED AS LOTS 1 AND
2 BLOCK 4, JONES BAYTOWN, TEXAS 77521; PROVIDING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO:100 DOLLARS ($2,000.00);
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO SUCH PERMIT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
WHEREAS,Bally Raaveesh owns approximately 0.19 acre parcel of land located at 427 West Main
Street (the "Property") and requests a Special Use Permit (SUP) to the zoning ordinances to allow the
Property,which is currently zoned as a Mixed-Use Neighborhood("MUN")Zoning District,to be used for
vehicle and boat sales, and rentals; and
WHEREAS, the property is located at 427 West Main Street, Baytown, Texas 77521, on
approximately 0.19 acres of land, legally described as Lots 1 and 2 Block 4,Jones, Baytown,Texas; and
WHEREAS, the proposal is to allow for Vehicle and Boat Sales and Rentals use in the Mixed Use
Neighborhood(MUN) Zoning District; and
WHEREAS, the Unified Land Development Code (ULDC) allows the issuance of a special use
permit to allow for Vehicle and Boat Sales and Rentals use in the MUN zoning district; and
WHEREAS, the Planning and Zoning Commission of the City of Baytown and the City Council, in
accordance with the Charter of the City of Baytown, state law, and the ordinances of the City of Baytown,
have given the required notices and have held public hearings regarding the rezoning of the property
described in this special use permit ordinance; and
WHEREAS,the City Council finds that this use will be compatible with and not injurious to the use
and enjoyment of adjacent property or property immediately across the street; will not significantly diminish
or impair property within the immediate vicinity in any material way; will not impede the normal and orderly
development and improvement of surrounding property; will contribute to, enhance or promote the general
welfare of the area of request and adjacent properties; will not be detrimental to the public health and safety,
and will conform in all other respects to all applicable zoning regulations and standards; and
WHEREAS, on September 16th, 2025 the Commission submitted its final report that is to be used
by the City Council in its consideration of the amendment as set forth in§ 7.44 of the ULDC,recommending
approval of the SUP with the following conditions:
1) Minimum 6-foot-tall wooden privacy fence shall be installed and maintained along the east property
line to provide visual separation from adjacent residential uses.
2) A Type"A"bufferyard,at least 10 feet-wide,consistent with ULDC Table 3.43-2,shall be installed
and maintained along the east property line adjacent to the residential dwelling.
3) A 15-by-15-foot clear sight triangle shall be maintained at the corner of the property,free of fences,
walls, landscaping, or other obstructions; and
WHEREAS, the City Council held a public hearing on the SUP on October 9, 2025; and
WHEREAS, the City Council finds that it is in the public interest to grant this special use permit,
subject to certain conditions; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the facts and recitations contained in the preamble of this ordinance are hereby
found and declared by the City Council of the City of Baytown, Texas, to be true and correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby grants the Special Use
Permit shall be developed in accordance with the City of Baytown ordinances and Land Development Code
and is granted on the following conditions:
1) Minimum 6-foot-tall wooden privacy fence shall be installed and maintained along the east property
line to provide visual separation from adjacent residential uses.
2) A Type"A"bufferyard,at least 10 feet-wide,consistent with ULDC Table 3.43-2,shall be installed
and maintained along the east property line adjacent to the residential dwelling.
3) A 15-by-I5-foot clear sight triangle shall be maintained at the corner of the property,free of fences,
walls, landscaping, or other obstructions.
A site map of which is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes, to the property owner to allow for Vehicle and Boat Sales and Rentals use in the Mixed Use
Neighborhood(MUN)zoning district.
Section 3: That all paved areas, permanent drives, streets,and drainage structures, if any, on
the property must be constructed in accordance with standard City of Baytown specifications, and
completed.
Section 4: That the Chief Building Official shall not issue a building permit or a certificate of
occupancy for a use authorized by this special use permit on the Property until there has been full
compliance with this ordinance, the Land Development Code, the construction codes, and all other
ordinances, rules and regulations of the City of Baytown.
Section 5: That 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 ($2,000.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the City of Baytown may pursue other remedies such as abatement of nuisances, injunctive relief,
administrative adjudication and revocation of licenses or permits.
Section 6: That the zoning ordinances of the City of Baytown, as amended, shall remain in
full force and effect, save and except as amended by this ordinance.
Section 7: That the terms and provisions of this ordinance are severable and are governed by
Chapter 1 of the Baytown Code of Ordinances.
Section 8: That this ordinance shall take effect from and after ten(10)days from its passage
by the City Council.The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten(10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 9"day of October, 2025.
CHARLES JOHNS , Mayor
ATTEST:
ANGEL J dkSON;Lity rk$
°
APPROVED •S
SCOTT L�IOND, City Attorney
R•Ordinances and Resolutions Ordinance DraRs\2025-10-09\27343 City Council Draft Ordinance 427 W Main St (002)docX
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