Ordinance No. 12,902ORDINANCE NO. 12,902
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING 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 "; AND TABLE 2 -3 "NON- RESIDENTIAL
ACCESSORY USE TABLE "; SECTION 2.10 "LAND USE CONDITIONS,"
TABLE 2 -6 "USE CONDITIONS," SUBSECTION A "NON- RESIDENTIAL
CATEGORIES," SUBSECTIONS 9, 10, 11, AND 12; SECTION 2.10 "LAND
USE CONDITIONS," SUBSECTION A "NON- RESIDENTIAL
CATEGORIES," SUBSECTIONS 7, 9, 10, 11, 12, 40, 42, 52, AND 53; AND
ARTICLE IV "DEFINITIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, IN ORDER TO REVISE CERTAIN DEFINITIONS,
LAND USES AND LAND USE CONDITIONS; INCLUDING THOSE
PERTAINING TO CONTAINERS; FOOD SERVICE ESTABLISHMENTS;
OUTDOOR STORAGE; VEHICLE AND BOAT SALES, RENTAL OR
LEASING FACILITY; VEHICLE STORAGE; AND "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 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" of the Code of Ordinances, Baytown, Texas, is hereby amended to
remove the following land uses and related conditions from such table:
Eating establishments
Full service
Limited service
Vehicle and sales, rental or leasing facility, personal
Section 2: 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 "Non- residential uses" of the Code of Ordinances, Baytown, Texas, is hereby amended to
read, in part, as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
This section sets forth the land uses allowed in each zoning district. In the following
tables "P" means permitted use and "PC" means permitted use with conditions as set forth in the
conditions tables in division 3 of this article. Where neither a "P" nor a "PC" exists in the table,
the use is prohibited. To the extent that there is a conflict between the use tables and the
conditions, the use table controls.
Table 2 -2. Non - residential uses.
Container
Equipment sales and rental facilities PC -T PC
PC PC A7, A42
P P A53
Food service establishment P PC PC _TC P A9 -10, A11, Al2, A47
Outdoor storage
P P
Vehicle and boat sales, rental or leasing facility PC PC P A52
Vehicle storage P
r
Warehouse and freight movement PC f PC P P A40
Section 3: That Appendix A "Unified Land Development Code," Article I1 "Use
Districts," Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table
2 -3 "Non- residential accessory use table" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read, in part, as follows:
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APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
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.
Table 2 -3. Non - residential accessory use table.
ACCESSORY USI,__
Container PC PC PC PC A6, A7, A42
Equipment sales and rental facilities PC PC A53
Food service establishments P
Outdoor storage (Accessory) PC PC PC P P A42
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,"
Table 2 -6 "Use Conditions," Subsection A "Non- Residential Categories," Subsections 9, 10, 11,
and 12 of the Code of Ordinances, Baytown, Texas, is hereby repealed.
Section 5: That Appendix A "Unified Land Development Code," Article II "Use
Districts," Division 3 "Land Use Tables and Conditions," Section 2.10 "Land use conditions,"
Subsection A "Non- Residential Categories," Subsections 7, 9, 10, 11, 12, 40, 42, 52, and 53 of
the Code of Ordinances, Baytown, Texas, are 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.
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Table 2 -6. Use conditions.
A. Non - Residential Categories
Outdoor Storage, MU, NSC, Outdoor storage shall be separated by opaque screening from all adjacent
42 Container, Towing GC properties and all public rights -of -way.
Yard
4
(a) Container(s) in LI may be stored or stacked up to 30 feet in height
with no limit in the number of containers on a property.
7 Containers
LI, HI
(b) Containers in HI may be stacked up to 50 feet in height with no
limit in the number of containers on a property.
Food service establishments shall not exceed 5,000 square feet in
J(a)
f building size.
9 Food service
establishments
NSC
�(b) Food service establishments shall be located on a collector street or
higher classification as shown on the most current major
thoroughfare plan map.
Food service
10
All, where Food service establishments shall be separated by opaque screening from tted
PermiACE
establishments
single- family or two- family dwellings.
except
11 Food service
RESERVED
establislunents
12 Food service
ACE Drive- through restaurants within ACE district requires the issuance of a
establishment,,
special use permit in accordance with section 1.26 of this ULDC.
(a) Warehouse shall be limited in size to 10,000 square feet or less.
(b) Warehouse and freight movement excludes shipment or storage of
hazardous cargo and/or materials.
Warehouse and
(c) Warehouse shall have a maximum building height of 20 feet.
40
freight movement
MU GC
(d) Manufacturing is not permitted.
(e) Outdoor storage shall be separated by opaque screening from all
adjacent properties and all public rights -of -way.
(fl Bay doors of a warehouse shall not be visible from public rights -of-
way.
Outdoor Storage, MU, NSC, Outdoor storage shall be separated by opaque screening from all adjacent
42 Container, Towing GC properties and all public rights -of -way.
Yard
4
Vehicle and boat
52 sales, rental or MU, GC
leasing facility
53 Equipment sales and GC and MU
rental facilities
(a) Repair work, if any, shall be done wholly inside of a building.
(b) Vehicles and boats sold, rented and leased may not have a gross
vehicle weights greater than 13,000 pounds.
(c) Opaque screening is required in accordance with section 112 -11 of
the code.
All equipment shall be separated by opaque screening from all
(a) 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 used or
designed for industrial purposes is not permitted.
Section 6: That Appendix A "Unified Land Development Code," Article IV
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to repeal the
definitions of "eating establishment, full service" and "eating establishment, limited service."
Section 7: That Appendix A "Unified Land Development Code," Article IV
"Definitions" is hereby amended to amend or add the definitions of "container," "food service
establishment," "outdoor storage," "outdoor storage (accessory)," "vehicle and boat sales, rental
or leasing facility," "vehicle storage," and "warehouse and freight movement," which definitions
shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE IV. DEFINITIONS
The following words, terms and phrases, when used in this ULDC, shall have the meanings
ascribed to them in this article, except where the context clearly indicates a different meaning.
Container means a reusable transport and storage unit for moving products and raw
materials between locations or countries, typically made of corrugated weathering steel with a
fitted door at one end that is designed to allow multiple units to be craned, fitted and locked for
stacking purposes.
Food service establishment is a facility where food is prepared for consumption on and/or
off premises regardless of whether there is a charge for the food with the intent to distribute to
persons rather than wholesale distribution.
Outdoor storage means a holding area for stockpiling, collecting, or displaying of any
products, materials, equipment, appliances, and/or personal property of any kind on a stabilized
surface or in a structure that includes a roof but has no side walls, or screening or walls without a
roof. This term includes a lay -down yard but does not include containers, towing yards, vehicle
storage, or vehicle and boat sales, rental or leasing facility.
Outdoor storage (accessory) means a holding area for the accessory use of stockpiling,
collecting, or displaying of any products, materials, equipment, appliances, and /or personal
property of any kind, which are neither noxious non combustable, on an asphalt- or concrete -
paved surface or in a structure that includes a roof but has no side walls, or screening or walls
without a roof. This term includes a lay -down yard as an accessory use but does not include a
container, towing yard, vehicle storage, or vehicle and boat sales, rental or leasing facility.
Vehicle and boat sales, rental or leasing facility means and includes a structure(s) and
associated real property used for the sale, rental, and leasing of new or used, operable vehicles,
including, but not limited to, tractors, tractor trailers, recreational vehicles, buses, boats, and
similar size vehicles /equipment.
Vehicle storage means a room, structure or parking lot that is used to house or store
vehicles. It includes structures, buildings, and rooms generally called garages, boathouses, and
airplane hangars. This term excludes farm vehicles and implements. A vehicle that properly
displays the current registration/inspection sticker(s) is not considered stored, and the term does
not include a "parking, commercial" or "public service."
Warehouse and freight movement means a use engaged in storing and distribution of
manufactured products or equipment and typically characterized by heavy trucking or rail
activity and outdoor storage.
Section 8: 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 9: 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 10: If any provisions, 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 11: 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
City of Baytown, this the 23'd day of July, 2015.
S
AT ST:
LETICIA BRYSCH, City lerk
APPROVED AS TO FORM:
cligNACIO RAMIREZ, SR., i Attorney
vote of the City Council of the
DONCARLOS, M
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