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HomeMy WebLinkAboutOrdinance No. 16,595 (Item 5.a.)ORDINANCE NO. 16,595 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," TABLE 2.31-1, "LAND USE TABLE" AND ARTICLE 2 "ZONING DISTRICTS AND DIMENSIONAL STANDARDS," DIVISION 2.3 "USE STANDARDS," SEC. 2.32 "USE CATEGORIES," SUBSEC. 2.32-6, "INDUSTRIAL USE CATEGORIES," SUB -SUBSECTION A, "HEAVY INDUSTRIAL," TO ADD A DATA CENTER USE; AND ARTICLE 10, "WORD USAGE," DIVISION 10.2, "DEFINITIONS," TO ADD THE DEFINITION OF "DATA CENTER" AND AMEND THE DEFINITION OF "OFFICE;" AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 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," Table 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 Table 2.31-1 Land Use Table Data Center s t.SJ P k a1Ha:ard M t Isi Sa,dblastmg��— Slau&hterhouse Heave industrial Industrial and Manufacturing Product Sales and a Sunoly All Heave Industrial Uses -- -- -- -- - -- - - - -- -,.:•, n.,j ,,, R+ Not Listed Abwe Section 2: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts and Dimensional Standards," Division 2.3, "Use Standards," Sec. 2.32 "Use Categories," Subsec. 2.32-6, "Industrial Use Categories," Sub -subsection A, "Heavy Industrial," is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS DIVISION 2.3. USE STANDARDS Sec. 2.32 Use Categories Subsec. 2.32-6 Industrial Use Categories Sub -subsection A, "Heavy Industrial' Heavy Industrial Characteristics: Uses engaged in the manufacturing, assembly or processing of chemicals, animal products and metals, the activities of which are likely to have characteristics that discourage adjacency to residential uses. Factory production and industrial yards are located here. Sales to the general public are rare. Manufacture, assembly, or processing of: abrasives, asbestos and miscellaneous mineral products; acid; acetylene gas; alcoholic beverages (wholesale); ammonia; ammunition and explosives; asphalt; aircraft; automobiles and other motor vehicles; automotive and other motor vehicle equipment; batteries; bones; boxes, crates, or pallets; brick and/or masonry, tile, or terra Gotta; building paper and building board; building materials; celluloid; cement and/or concrete products; ceramic tile and other ceramic products; chalk; charcoal; chemicals; chlorine; coffins; corrugated metal; cotton oil; creosote; disinfectant; dyes or inks; engine and turbines; explosives; farm machinery and equipment; fat; fertilizer; fireworks; gas; gelatin; glass and glass products; glue; graphite; grease; guns, howitzers, mortars, and related equipment; gunpowder; gypsum; heating and air conditioning supplies and equipment; hemp; insecticide; lacquer; lard; leather and leather products; lime; linoleum; lubricating oils and greases; machinery and equipment (industrial); manufactured homes or or mobile homes; metal working machinery, equipment and products; motor vehicles, related equipment, and accessories; paint; paraffin; paving mixtures and blocks; plaster of Paris; plastics and synthetic materials; plumbing supplies and equipment; poison; porcelain and porcelain products; pottery and related products; prefabricated structures and their components; railroad vehicles and equipment; recreational vehicles; rubber and fabricated rubber products; salt; shellac; tallow; tanks and tank components; tar; tires; trailers (camping, travel, livestock, and other); turpentine; varnish; vinegar; wax; or yeast Arsenal Boiler Works Bulk Storage of Explosive or Hazardous Materials Coke Oven Concrete Batching and Asphalt Processing and Manufacture Data Center Feed Milling Fertilizer Storage 2 Associated Office and Storage Associated Retail Sales Related to the Primary Use Container Day Care for Children of Employees Fleet Maintenance Food Preparation and Dining Facility Fueling Facility Medical Clinic for Employees Meeting Space Minor Utilities Outdoor Storage Recreation Facility Refuse Containers (2.35) Single Attached Residential Unit for Caretaker Warehouse Grain Elevator Incinerator for Reduction of Garbage, Dead Animals, Offal, Refuse or Automobile Bodies Resource Extraction Railroad Yard or Repair Shop Metal Smelting, Processing and Products (Ferrous and Nonferrous) Slaughtering, Processing of Animals, or Meat Packing Wool Scouring and Pulling Uses Declared a Nuisance in Court Other uses meeting the characteristics of the Heavy Industrial Use Category Section 3: That Chapter 111, "Unified Land Development Code," Article 10 "Word Usage," Division 10.2, "Definitions," is hereby amended as follows: CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE ARTICLE 10. Word Usage DIVISION 10.2 DEFINITIONS Data center is a facility, building, or campus primarily used for the storage, management, processing, analysis, retrieval, or transmission of digital data, including computer systems, servers, network equipment, telecommunications equipment, and related components. A data center may include accessory and support facilities including electrical substations, backup power generation systems, cooling systems, mechanical equipment, security facilities, administrative offices, and other infrastructure necessary for digital data operations. The inclusion of office or administrative space within a warehouse or other facility does not, by itself, constitute an office use or cause the facility to be classified as an office. Office means administrative, executive, professional, research, or similar facilities that have limited customers. An office may be a room, a suite of rooms, or a portion of a building. The definition of office does not include uses deemed to meet the definition of data center, as found in Division 10.2 of the Unified Land Development Code. Section 4: Any person who fails to comply with any provision contained in Sections 1-8 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. Section 5: 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 6: 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 7: This ordinance shall take effect on September 24, 2026. 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 September 24, 2026. INTR READ and PASSED by the affirmative vote of the Ci Council of the City of Baytown t September, 2026. G� �N = CHARLES JO SON, Mayor ATTE e i APPROVED , City Attorney RAOrdinances and Resolutions\Ordinance Drafts\2026-09-24\Ord-Data Centers-SL.docx 4