Ordinance No. 13,062ORDINANCE NO. 13, 062
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE
II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.04
"COMMERCIAL ZONING DISTRICTS," SUBSECTIONS (D) "GENERAL
COMMERCIAL ( "GC ")" AND (F) "LIGHT INDUSTRIAL ( "LI" )' ; SECTION 2.09
"LAND USE TABLES," TABLE 2 -2 "NON- RESIDENTIAL USES" AND TABLE 2 -3
"NON- RESIDENTIAL ACCESSORY USE TABLE "; AND SECTION 2.10 "LAND
USE CONDITIONS," TABLE 2 -6 "USE CONDITIONS "; ARTICLE III "DESIGN
AND COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT COMPATIBILITY
STANDARDS," SECTION 3.14 "COMPATIBILITY STANDARDS "; AND ARTICLE
IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
PROVIDE FOR ADDITIONAL HEAVIER COMMERCIAL USES IN THE GENERAL
COMMERCIAL (GC) ZONING DISTRICT, TO DEVELOP DEFINITIONS AND
COMPATIBILITY STANDARDS RELATING THERETO, AND TO CLARIFY AND
CONSOLIDATE TERMS, USES AND CONDITIONS FOR ALL ZONING
DISTRICTS TO BETTER DIFFERENTIATE BETWEEN ADJACENT USES AND
DISTRICTS; 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 2 "Zoning Districts," Section 2.04 "Commercial zoning districts," Subsection (d) "General
commercial ( "GC ")" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
ARTICLE II. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.04 Commercial zoning districts.
(d) General commercial ( "GC'). This district is intended to provide for a variety of uses including
offices, retail, personal and commercial services, and related uses that are mixed within buildings
either vertically and/or horizontally. Uses in this district are generally conducted wholly within
an enclosed building but may include outdoor display merchandise or storage of materials. The
GC district may be used as a transitional district between more intensive nonresidential districts
(e.g., light industrial) and higher density residential districts or as the primary district for such
corridors as Garth Road or Main Street.
Section 2: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 2 "Zoning Districts," Section 2.04 "Commercial zoning districts," Subsection (f) "Light
industrial ( "LI ")" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
ARTICLE II. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.04 Commercial zoning districts.
(f) Light industrial ('EF . This district is intended to provide for low- intensity industrial and
manufacturing activities that may generate some nuisances. Uses in this district are not
appropriate adjacent to any residential use or residential district unless separated by an arterial or
collector street and/or setbacks and screening.
Section 3: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 2 "Zoning Districts," Section 2.09 "Land use tables," Table 2 -2 "Non- residential uses" of the
Code of Ordinances, Baytown, Texas, is hereby amended for the following uses:
Animals: Kennels
Animals: Animal hos ital
Animals. Exotic animals
Automobile facility, major
Automotive repair, minor
Gas station minimart
Gas station minimart with
limited food preparation
Supply houses directly to
industry not to individuals
Agriculture
Boat and RV storage
Building, heating, plumbing,
general, service or electrical
contractors with outdoor storage
Dwelling unit
Gas station
Nursing homes and assisted
living facilities
Recreational vehicle park
Repair business
Retail, General
Retail, Big box
Truck Stop
Vehicle Storage
Warehouse and freight
movement
Wholesale trade
Manufacturing (light)
Outdoor sales and display
Towing service
Supply houses
, which amended and new uses shall be revised to read as follows:
ARTICLE H. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Animals
Vehicle repair, commercial
Vehicle repair, non-
commercial
Sec. 2.09 Land use tables
Table 2 -2. Non - residential uses.
Agriculture PC PC
Animals PC�
Vehicle repair, commercial
Vehicle repair, non - commercial PC�
Boat and RV storage PC
Building, heating, plumbing, general, service or
electrical contractors with outdoor storage PC
PC
PC PC
A4
PC
PC
A5, A25
PC PC
Al
PC
P
I i
A2
PC
P
F—F
A52
PC I P I I A3
Dwelling unit PC!_�PC PC PC ' A44, A47
Gas station
Manufacturing (light)
P PC P PC PC A15, A16,
A47
PC PC PC P A48,
A48.5
Nursing homes and assisted living facilities
PC
PC
PC
A20, A22,
A47
Outdoor sales and display
PC PC
PC PC
PC P P
A 47, A50
Recreational vehicle park
PC
PC
PC
A31
Repair business
PC PC
PC PC
PC P
A47, A55
Retail, General
P PC
P P
PC P
A18, A47
Retail, Big box
PC
PC
A17
Supply houses
PC
PC
PC P
A54,
A54.5
Truck stop
PC
P P
A46
3
Towing Service
Vehicle Storage
Warehouse and freight movement
Wholesale trade
PC P A36, A38
PC P A36, A38
PC PC P P A40
PC —7 PC _7P = A40
Section 4: That Appendix A "Unified Land Development Code," Article H "Use Districts,"
Division 2 "Zoning Districts," 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 add sandblasting thereto, which
use shall read as follows:
Sec. 2.09 Land use tables
ARTICLE H. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Table 2 -3. Non - residential accessory use table.
Sandblasting PC PC PC PC PC PC PC A56,
A57
Section 5: That Appendix A "Unified Land Development Code," Article H "Use Districts,"
Division 2 "Zoning Districts," Section 2.10 "Land use conditions," Table 2 -6 "Use conditions" of the
Code of Ordinances, Baytown, Texas, is hereby amended for the following uses:
Vehicle repair, commercial
Vehicle repair, non - commercial
Building, heating, plumbing, general, service or
electrical contractors with outdoor storage
Agriculture
Animals
Food Service establishments
Gas station
Kennels
Vehicle Storage
Towing service
, which use conditions shall read as follows:
4
Warehouse and freight movement, Wholesale
Trade
Outdoor storage, Container
Dwelling Unit
Manufacturing (light)
Manufacturing (custom)
Vehicle and boat sales, rental or leasing
facility
Equipment sales and rental facilities
Supply houses
Repair Business
Sandblasting
ARTICLE H. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.10. Land use conditions.
This section sets forth the conditions associated with identified land uses in section 2.05. The
conditions expressed in the use table are cumulative of applicable conditions contained elsewhere in the
code.
Table 2 -6. Use conditions
A. Non - residential categories
(a)
Vehicles must be kept on the private property of the
vehicle repair facility.
1 Vehicle repair, LI, HI (b)
commercial
Vehicle storage is subject to the outdoor storage
uses and public rights -of -way by opaque screening.
conditions of this ordinance and must be kept behind
opaque screening and in accordance with chapter 112
contractors with
of the Code of Ordinances.
(a)
Vehicle repair shall be separated from all adjacent
uses by opaque screening.
(b)
Vehicles must be kept on the private property of the
2 Vehicle repair, GC MU
vehicle repair facility.
non - commercial (c)
Vehicle storage is subject to the outdoor storage
conditions of this ordinance and must be kept behind
and/or chapter 42, article V of the Code of Ordinances.
opaque screening and in accordance with chapter 112
All, where
of the Code of Ordinances.
Building,
heating,
plumbing,
(a) Outdoor storage shall be separated from all adjacent
3 general, service
GC, MU
uses and public rights -of -way by opaque screening.
or electrical
(b) Loading docks or bay doors shall not face an arterial
contractors with
or collector street.
outdoor storage
Agricultural uses involving animal, livestock, exotic, or
4 Agriculture
All, where
similar animal uses are regulated pursuant to chapter 14
permitted
and/or chapter 42, article V of the Code of Ordinances.
5 Animals
All, where
Animals are regulated pursuant to chapter 14 and/or chapter
permitted
42, article V of the Code of Ordinances.
11 Food service
All, where
Mobile food establishments are subject to the restrictions
establishments
permitted
under chapter 42 of the Code of Ordinances.
5
A. Non - residential categories
(a) Gas station shall not exceed 5,000 square feet in
building size.
(b) Gas station shall not have a drive through for food
15 Gas station NSC service in NSC.
(c) Gas station is allowed only if located on (i) an arterial
street, (ii) a collector street, or (iii) a local street
intersecting a street of higher classification.
16 Gas station All, where Gas stations must provide opaque screening adjacent to any
permitted residential dwelling or property zoned for residential use.
25 Kennels GC, MU, LI
31 Recreational All, where
vehicle park permitted
36 Vehicle Storage MU
(a) Kennels are not allowed within 100 feet of any
residential use.
(b) Kennels are not allowed within 300 feet of a church,
school, hospital, or place of assembly.
(c) Kennels are not allowed within 300 feet from where
food is sold or consumed.
(d) Kennels shall not house exotic animals.
(a) Recreational vehicle parks shall be separated from all
adjacent uses by opaque screening.
(b) Property not subject to a valid recreational vehicle
park operating license pursuant to chapter 58 on April
13, 2013, must have an approved special use permit
prior to receiving a building permit.
(c) Property not subject to a valid recreational vehicle
park operating license pursuant to chapter 58 on April
13, 2013, must be a minimum of five acres in size.
(a) Vehicle storage is subject to the outdoor storage
conditions of this ordinance and must be kept behind
opaque screening and in accordance with chapter 112
of the Code of Ordinances.
(b) Vehicles that contain hazardous materials pursuant to
the standards of the state department of
transportation, the state commission on environmental
quality, or any other regulatory agency of the state or
federal government are not allowed to be in such
vehicle storage.
6
A. Non - residential categories
(a) Towing service shall install and maintain an opaque
screen when adj acent to any other use and/or zoning
district other than LI or HI.
38 Towing service MU
(b)
Towing service shall comply with all state laws and
subject to the restrictions under chapter 102 of the
Code of Ordinances.
(a)
Warehouse and freight movement excludes shipment
or storage of hazardous cargo and/or materials.
(b)
Warehouse shall have a maximum building height of
40 feet.
(c)
Outdoor storage shall be separated by opaque
screening from all adjacent uses and all public rights -
of -way.
(d)
Loading docks or bay doors shall not face arterial or
collector street.
(e)
If warehouse exceeds 10,000 square feet, must adhere
to LI vegetative buffer described in Sec. 18- 1206.5 of
the Code of Ordinances.
(f)
No rail, boat, or air transport of cargo may be used for
Warehouse and
freight movement on site.
40 freight MU, GC (g)
movement,
The primary activity must be done within the
Wholesale Trade
enclosed warehouse structure.
(h)
Warehouse must be located on an arterial street.
(i)
Minimum lot size must be at least one (1) acre.
(j)
The minimum building setback shall be a 100 feet.
Within this setback, a 50 -foot open space and a 50-
foot vegetative buffer shall be provided.
(k)
Existing uses may expand no more than 50% of the
total square footage of all buildings lawfully existing
on December 20, 2015, and be exempt from all use
conditions, property development and compatibility
standards except for the following:
➢ meet LI setbacks along with all other standards
for GC in Table 3 -1; and
➢ provide a minimum of six feet (6') of opaque
screening from all adjacent uses.
T
42 Outdoor storage, All, where All outdoor storage shall be separated by opaque screening
Container, permitted from all adjacent uses and all public rights -of -way.
A. Non - residential categories
(a) New dwelling units are allowed in MU where the
residential lot provides an open space setback of 20 feet
from any adjacent, existing non - residential use.
(b) New residential subdivisions proposed in MU shall only be
approved where the subdivision is rezoned to an
appropriate residential zoning district.
(c) Dwelling units are allowed in ACE following the standards
set forth in this ULDC.
(d) Live -work uses may be located in an ACE district
i. Behind a business on its first floor as long as:
• The exterior wall of the residential area is not
along Texas Avenue;
• The exterior wall of the commercial use and the
primary entrance to the commercial use is along
Texas Avenue; and
• The commercial use occupies at least 25% of the
area of the first floor; and
Above the first floor where the residential unit has
ii. frontage on Texas Avenue.
44 Dwelling Unit MU, ACE, LC, (e) When a mixed -use building fronts on Texas Avenue in the
GC, LI, HI ACE district, a residential use is allowed only
i. If.
• No residential dwelling unit on the first floor has
a door opening onto the primary street;
• Less than 50% of the mixed -use building's
frontage on the first floor along a primary street is
used for residential dwelling unit(s); and
• The mixed -use building is not new construction;
or
ii. If the residential unit is above the ground floor.
(f) Dwelling units are allowed in LC in cases in which they are
allowed in the approved detailed plan.
(g) A dwelling unit is allowed in GC, LI, and HI as an
accessory use for on -site security and management
purposes.
(h) A dwelling unit is allowed in MU as an accessory use for
on -site security and management purposes when used as a
commercial use.
(i) Except as provided in condition A44(g), new dwelling
units cannot be constructed after April 13, 2013, in GC.
8
A.
Non - residential categories
(a)
48
Manufacturing
All, where
(light)
permitted
(b)
(a)
(b)
(c)
48.5
Manufacturing
MU GC
(light)
'
(a)
49
Manufacturing
All, where
(b)
(custom)
permitted
(c)
(a)
(b)
Vehicle and boat
All, where
(c)
52
sales, rental or
permitted
leasing facility
All manufacturing activities must be contained
entirely within a building.
Manufacturing of hazardous cargo and/or materials is
prohibited.
Minimum lot size must be at least one (1) acre.
The minimum building setback shall be 100 feet.
Within this setback, a 50 -foot open space and a 50-
foot vegetative buffer shall be provided.
Existing uses may expand no more than 50° o of the
total square footage of all buildings lawfully existing
on December 20, 2015, and be exempt from all use
conditions, property development and compatibility
standards except for the following:
➢ meet LI setbacks along with all other standards
for GC in Table 3 -1; and
➢ provide a minimum of six feet (6') of opaque
screening from all adjacent uses.
All manufacturing (custom) activities are to be
contained entirely within a building.
Storage or manufacturing of hazardous cargo and/or
materials is prohibited.
All manufacturing (custom) activities shall be limited
to 10,000 square feet of floor area or less.
Repair work, if any, shall be done wholly inside of a
building.
Vehicles and boats sold, rented and leased may not have
a gross vehicle weight greater than 13,000 pounds.
Vehicle storage is subject to the outdoor storage
conditions of this ordinance and must be kept behind
opaque screening and in accordance with chapter 112 of
the Code of Ordinances.
(d) Vehicles that contain hazardous materials pursuant to
the standards of the state department of transportation,
the state commission on environmental quality, or any
other regulatory agency of the state or federal
government are not allowed to be in such vehicle
storage.
9
A.
53
54
54.5
55
Non - residential categories
(a)
All equipment shall be separated by opaque screening
from all adjacent uses and all public rights -of -way,
except one of each equipment type may be used for
Equipment sales
display purposes.
and rental MU, GC
facilities (b)
The sale or rental of tools, tractors or equipment,
which are over 13,000 lbs. GVWR and/ or are greater
in height than 10 feet in its storage configuration
and/or are designed and used solely for industrial
purposes is not permitted.
(a)
Outdoor storage shall be separated by opaque
screening from all adjacent uses and all public rights -
of -way.
(b)
Storage or sale of hazardous cargo and/or materials is
prohibited.
(c)
Loading docks or bay doors shall not face arterial or
collector rights -of -way.
(d)
The minimum building setback shall be 100 feet.
Within this setback, a 50 -foot open space and a 50-
Supply houses MU, GC
foot vegetative buffer shall be provided.
(e)
Minimum lot size must be at least one (1) acre.
(f) Existing uses may expand no more than 50% of the
total square footage of all buildings lawfully existing
on December 20, 2015, and be exempt from all use
conditions, property development and compatibility
standards except for the following:
➢ meet LI setbacks along with all other standards
for GC in Table 3 -1; and
➢ provide a minimum of six feet (6') of opaque
screening from all adjacent uses.
(a) Outdoor storage shall be separated by opaque
screening from all adjacent properties and all public
Supply houses LI rights -of -way.
(b) Storage or sale of hazardous cargo and/or materials is
prohibited.
(a) Outdoor storage shall be separated by opaque
screening from all adjacent uses and all public rights -
Repair Business All, where of -way.
permitted
(b) Repair work shall be performed wholly inside of an
enclosed structure.
In
A. Non - residential categories
56 Sandblasting MU, GC, NSC, Sandblasting must be conducted wholly within an enclosed
ACE, LC structure.
Sandblasting shall be permitted if (i) contained wholly
57 Sandblasting LI, HI inside of an enclosed structure or (ii) outside of an enclosed
structure with an approved special use permit.
Section 6: That Appendix A "Unified Land Development Code," Article III "Design and
Compatibility Standards," Division 5 "District Compatibility Standards," Section 3.14 "Compatibility
Standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS
DIVISION 5. DISTRICT COMPATIBILITY STANDARDS
Sec. 3.14. Compatibility standards.
The following additional standards are applicable to property that is located at the boundary of two
or more zoning districts. The following standards are also applicable to the portion of the LI or HI
boundary that is within 300 feet of the referenced zoning district. The more intense new non - residential or
multifamily use shall implement the applicable compatibility standards before a certificate of occupancy
or completion will be issued.
(a) Medium density mixed residential (MFI). New development that is zoned MF1 and located
adjacent to a property zoned, UN, SFE, S171, or SF2 shall meet all requirements of the property
development standards table in article three, division 1 of the ULDC and install a minimum of a
six - foot -tall opaque screen between any property zoned OR, UN, SFE, SF or SF2.
(b) Mid -rise density mixed residential dwellings (MF2). New development that is zoned MF2 and
located adjacent to a property zoned, UN, SFE, S171, S172, or MF1 shall meet all requirements
of the property development standards table in article three, division 1 of the ULDC, install a
minimum of a six - foot -tall opaque screen, and provide a minimum of a 20 -foot open space
between any property zoned OR, UN, SFE, SF1, SF2, or MF1. Any building over 40 feet in
height also shall comply with the residential proximity slope in subsection 3.12(c)(3) of the
ULDC.
(c) High density residential dwelling units (MF3). New development that is zoned MF3 and
located adjacent to a property zoned, UN, SFE, SF1, SF2, MF1, or MF2 shall meet all
requirements of the property development standards table in article three, division 1 of the
ULDC, install a minimum of a six - foot -tall opaque screen, and provide a minimum of a 20-
foot open space between any property zoned OR, UN, SFE, SF1, SF2, MF1, or MF2. Any
building over 40 feet in height also shall comply with the residential proximity slope in
subsection 3.12(c)(3) of the ULDC.
11
(d) Neighborhood serving commercial (NSC). New development that is zoned NSC and located
adjacent to a property zoned OR, UN, SFE, SF1, SF2, MF1 or MF2 shall meet all the
requirements of the property development standards table in article three, division 1 of the
ULDC and install a minimum of a six - foot -tall opaque screen between any property zoned OR,
UN, SFE, SF 1, SF2, MF1 or MF2.
(e) General commercial (GC). New development that is zoned GC and located adjacent to a
property zoned OR, UN, SFE, SF1, SF2, or MF1 shall meet all the requirements of the
property development standards table in article three division 1 of the ULDC, install a
minimum of a six - foot -tall opaque screen and provide a minimum of a 20 -foot open space
between any property zoned OR, UN, SFE, SF1, SF2, or MF1. Any building over 40 feet in
height also shall comply with the residential proximity slope in subsection 3.12(c)(3) of the
ULDC.
New development that is zoned GC and located adjacent to a property zoned MF2 or MF3 shall
meet all the requirements of the property development standards table in article three, division 1
of the ULDC and install a minimum of a six - foot -tall opaque screen between any property zoned
MF2 or MF3. Any building over 40 feet in height also shall comply with the residential proximity
slope in subsection 3.12(c)(3) of the ULDC.
(f) Mixed use (MU). MU that is located adjacent to a property zoned OR, UN, SFE, SF1, SF2,
MF1, MF2, MF3, or NSC shall meet all the requirements of the property development
standards table in article three, division 1 of the ULDC, install a minimum of a six -foot tall
opaque screen and provide a minimum of a 20 -foot open space between any property zoned
OR, UN, SFE, SF I, SF2, MF1, MF2, MF3, or NSC. Any building over 40 feet in height also
shall comply with the residential proximity slope in subsection 3.12(c)(3) of the ULDC.
(g) Light industrial (LI). New development that is zoned LI and located adjacent to (i) a property
zoned OR, UN, SFE, SF I, SF2, ACE, LC, MF1, MF2, MF3, or NSC; (ii) a lot that contains a
single - family use; (iii) a public right -of -way designated as an arterial or collector on the city's
adopted thoroughfare plan; or (iv) a navigable waterway shall meet all the requirements of the
property development standards table in article three, division 1 of the ULDC and provide a
minimum 200 -foot building setback. New development that is zoned LI and located adjacent
to a property zoned MU or GC shall meet all the requirements of the property development
standards table in article three, division 1 of the ULDC and provide a minimum 100 -foot
building setback. Within the applicable setback, a 50 -foot open space, a 50 -foot vegetative
buffer and an opaque screen shall be installed between any property zoned OR, UN, SFE, SF I,
S172, MF1, MF2, MF3, NSC, GC, or MU in accordance to section 18- 1206.5. Any building
over 40 feet in height also shall comply with the residential proximity slope in subsection
3.12(c)(3) of the ULDC.
(h) Heavy industrial (HI). New development that is zoned HI and located (i) adjacent to a property
zoned OR, NSC, MU, or GC; (ii) adjacent to a public right -of -way designated as an arterial or
collector on the city's adopted thoroughfare plan; or (iii) adjacent to a navigable waterway shall
meet all the requirements of the property development standards table in article three, division
1 of the ULDC, and provide a minimum 300 -foot building setback between (i) any property
zoned OR, NSC, or GC; (ii) a public right -of -way designated as an arterial or collector on the
city's adopted thoroughfare plan; or (iii) a navigable waterway. Within the setback a 100 -foot
vegetative buffer and a minimum of a six - foot -tall opaque screen shall be installed between
any property that is (i) zoned OR, NSC, or GC; (ii) a public right -of -way designated as an
12
arterial or collector on the city's adopted thoroughfare plan; or (iii) a navigable waterway. Any
building over 40 feet in height also shall comply with the residential proximity slope in
subsection 3.12(c)(3) of the ULDC.
HI zoned property is not permitted to be located adjacent to OR, UN, SFE, SF 1, SF2, MU, ACE,
LC, MF1, MF2, or MF3 zoned properties.
Section 7: That Appendix A "Unified Land Development Code," Article IV "Definitions"
of the Code of Ordinances, Baytown, Texas, is hereby amended to add or revise the following terms
"Agriculture," "Animals," "Equipment sales and rental facility," "Gas station," "Masonry materials,"
"Vehicle, commercial," and "Vehicle, non - commercial," which definitions shall read as follows:
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.
Agriculture refers to use of land that is actively used in the production of food or fiber, including
the plowing, tillage, cropping, installing best management practices, seeding, cultivating, harvesting and
storing food or fiber produced on site. This term also includes the raising of grazing animals, including
but not limited to cattle, horses, sheep, goats or other exotic grazing animals, but excludes swine. This
use does not include feedlots, animal hospital, kennel/boarding facility, pet store, livestock distribution,
meat packing/processing operations and related uses such as abattoir, slaughterhouse, or rendering plant,
stockyard or similar confined animal feeding and holding operations.
Animals include all nonhuman members of the animal kingdom including domestic, exotic, and
livestock. This term also includes pet/companion animal operations such as Animal Hospital,
Kennel/Boarding facility, or Pet Store and/or live outdoor exhibitions.
Equipment sales and rental facility means an establishment that is engaged in the sale or rental of
tools, tractors, construction equipment, farm equipment, or other similar equipment. This includes the
servicing of such equipment.
Gas station means a site used for the retail sale of automobile fuels, oils, travel aids, food items,
and general merchandise.
Masonry materials means and includes that form of construction defined below and composed of
clay brick, natural stone, decorative concrete block, stucco, glass block, tilt -wall, rock, synthetic stucco
material meeting applicable windspeed requirements, exterior insulation and finish systems (EIFS)
complying with ASTM -E 330 structural testing and ASTM -C 1093 fastening, or other materials of equal
characteristics laid up unit by unit set in mortar. The following materials shall not qualify nor be defined
as "masonry materials" in meeting the minimum requirements for exterior construction of buildings,
unless specifically approved by variance: exterior plaster or mortar wash surface material; acrylic matrix,
synthetic plaster, or other similar synthetic material; cementitious fiber board siding (such as "Hardy
Plank" or "Hardy Board ").
Vehicle, commercial means a motor vehicle or combination of motor vehicles used to transport
passengers or property that: (1) has a gross combination weight rating of 26,001 or more pounds
13
including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (2) has a gross
vehicle weight rating of 26,001 or more pounds; or (3) is transporting hazardous materials and is required
to be placarded under 49 C.F.R., Part 172, Subpart F.
Vehicle, non - commercial means a motor vehicle, including a motorcycle, or other device in or by
which a person or property is or may be transported or drawn on a public highway, but is otherwise not
considered a commercial vehicle, farm vehicle, farm equipment, or farm implement.
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 N01100 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
Baytown, this the 10'I' day of December, 2015.
APPROVED AS TO FORM:
of the City Council of the City of
O
A � O
° a <
N
'd
S, Mayor
ACIO RAMIREZ, SR., City A o ey
R: Karen Files City Council Ordinances 2015 December 10 PZ o sed ULDC Text Amendments for General Commercial Post November 17th Meeting (Autosaved) docx
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