Ordinance No. 12,903ORDINANCE NO. 12,903
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, "; 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 MANUFACTURING, OUTDOOR
STORAGE, ACCESSORY STRUCTURES, BUILDING FRONTAGE, AND
DRIVEWAY APPROACH; 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
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.
Manufacturing (custom) PC PC PC PC PC A49
Manufacturing (heavy) P
Manufacturing (light) PC P A48
Outdoor sales and display PC PC PC PC PC P P A50
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 -3 "Non- residential accessory use table" 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.
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.
Storage Building
Table 2 -3. Non - residential accessory use table.
NSC I ACE I GC I LC LI 1 I -11 1 COND RE17
PC PC PC PC PC P P A51
Section 3: 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 48, 49, 50, and 51 of the Code of
Ordinances, Baytown, Texas, are hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
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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.
Table 2 -6. Use conditions.
A. Non - Residential Categories
Manufacturing All, where
48 Manufacturing
ht All manufacturing activities must be contained entirely within a building.
(g ) permitted
All manufacturing (custom) activities are to be contained
49 Manufacturing All, where (a) entirely within a building.
(custom) permitted All manufacturing (custom) activities shall be limited to 10,000
(b) square feet of floor area or less.
Outside sales and All except LI Outside sales and displays are limited in area to 500 square feet or 10° o of
50 display sand HI the gross floor area of primary uses, whichever is greater, and shall be
considered as retail sales floor area for purposes of calculating parking.
Storage buildings are limited in area to 500 square feet or 10% of
(a) the gross floor area of the primary use, whichever is greater, and
All, except LI shall be considered as retail sales floor area for purposes of
51 Storage building and HI calculating parking.
(b) Storage buildings must be placed behind the front building frontage
of the structure housing the primary use.
Section 4: That Appendix A "Unified Land Development Code," Article IV
"Definitions" is hereby amended to amend or add the definitions of "accessory structure,"
"building frontage," "driveway approach," "manufacturing (custom)," "manufacturing (heavy),"
"manufacturing (light)," "outside sales and display," and storage building," which definitions
shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE IV. DEFINITIONS
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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.
Accessory structure is used to serve the primary function on the same premises; is
subordinate in area, extent and purpose to the primary use or structure served; contributes to
the comfort, convenience or necessity of occupants of the principal use or structure served;
and is located on the same lot and in the same district as the primary use.
Building frontage means the portion of a building oriented towards a street or public right -
of- way.
Driveway approach means an improvement to provide vehicular access from the
roadway to public or private property.
Manufacturing (custom) means the on -site production or arrangement of goods that are
of artistic quality or that involve handmade craftsmanship commonly associated with
residential or commercial uses. The term includes the display, sale, and distribution of
crafted goods, such as jewelry, pottery, beer, wine, portraits, and furniture.
Manufacturing (heavy) means the mechanical or chemical transformation, assembly,
fabrication, packing or other industrial processing of products predominantly from
extracted or raw materials, including, but not limited to uses that have potentially
significant external effects due to the involvement of hazardous materials or commonly
recognized offensive conditions such as the use of flammable, toxic, explosive, or
radioactive materials. The term includes the incidental storage, sales, and distribution of such
materials.
Manufacturing (light) means the mechanical or chemical transformation, predominately
from previously prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, and packaging of such products; and incidental storage, sales,
and distribution of such products.
Outside sales and display is an unenclosed area used for retail sales and placement of
products as an accessory use associated with the primary retail use on the same premises. This
term does not include open air vendors as defined in section 74.26 of the code.
Storage building means an accessory structure used for materials, equipment and vehicles
that are "in transit" or not in use.
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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.
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 and 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 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 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
City of Baytown, this the 23'd day of July, 2015.
ATTEST:
LETICIA BRYSCH, City erk
APPROVED AS TO FORM:
ell
'X
NACIO RAMIREZ, SR., C' y ttorney
S
co
.•
z
of the City Council of the
H. DONCARLOS, Mayor
Rn Karew Files %City Council Ordinances\2015Uuly 23 NewDefinit ions &RelatedChanAmendments.docx
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