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Ordinance No. 12,798ORDINANCE NO. 12,798 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 112 "OFF- STREET PARKING," SECTION 112 -4 "MINIMUM REQUIREMENTS FOR SPACES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REVISE MINIMUM SPACE REQUIREMENTS FOR HOTELS, MOTOR VEHICLE SALES ROOMS, AND CAR LOTS AND TO ADD MINIMUM SPACE REQUIREMENTS FOR VEHICLE OR BOAT REPAIR BUSINESSES; AND AMENDING CHAPTER 112 "OFF- STREET PARKING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD THREE NEW SECTIONS TO BE NUMBERED AND ENTITLED SECTION 112 -10 "MAINTENANCE OF OFF - STREET PARKING AREAS," SECTION 112 -11 "VEHICLE STORAGE AREAS" AND SECTION 112 -12 "PENALTY FOR VIOLATION" TO INCLUDE MAINTENANCE REQUIREMENTS FOR OFF - STREET PARKING AREAS AND REQUIREMENTS FOR THE STORAGE OF VEHICLES AT VEHICLE OR BOAT STORAGE FACILITIES AND AT MOTOR VEHICLE SALES ROOMS AND CAR LOTS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; 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 112 "Off- street Parking," Section 112 -4 "Minimum requirements for spaces," Subsections (a)(10) and (a)(13) of the Code of Ordinances, Baytown, Texas, are hereby amended to read as follows: CHAPTER 112. OFF - STREET PARKING Sec. 112 -4. Minimum requirements for spaces. (a) Minimum number of parking spaces. There shall be provided, at such time as a building permit is issued for the erection, alteration or use change of a structure, off - street parking spaces in accordance with the following minimum requirements: (9) Hotel: One parking space for each sleeping room or suite, plus one parking space for each 400 square feet of commercial floor area contained therein. (12) Motor vehicle sales room or car lot: One parking space for each 500 square feet of sales floor area with a minimum of three parking spaces. Section 2: That Chapter 112 "Off- street Parking," Section 112 -4 "Minimum requirements for spaces" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new subsection to be numbered subsection (a)(23), which subsection shall read as follows: CHAPTER 112. OFF - STREET PARKING Sec. 112 -4. Minimum requirements for spaces. (a) Minimum number of parking spaces. There shall be provided, at such time as a building permit is issued for the erection, alteration or use change of a structure, off - street parking spaces in accordance with the following minimum requirements: (23) Vehicle or boat repair business, including, but not limited to those defined in Section 102 -136 and automobile repair, major and minor as defined in the Unified Land Development Code: One space for each service bay, plus one space for every 300 square feet of building floor area. Section 3: That Chapter 112 "Off- street Parking" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a section to be numbered and entitled Section 112 -10 "Maintenance of off - street parking areas," which section shall read as follows: CHAPTER 112. OFF - STREET PARKING Sec. 112 -10. Maintenance of off - street parking areas. Parking spaces and pedestrian walkways must be clearly delineated and parking spaces must meet the minimum dimensions specified in subsection 112 -8. Parking spaces must be clearly marked with appropriate striping if on a paved surface or appropriate marking if on an unpaved surface. All improved parking surfaces and walkways shall be maintained in a good and safe condition; and free of any defects affecting the use, safety, appearance or drainage of the surface or of the adjoining property. Section 4: That Chapter 112 "Off- street Parking" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a section to be numbered and entitled Section 112 -11 "Vehicle storage areas," which section shall read as follows: CHAPTER 112. OFF - STREET PARKING Sec. 112 -11. Vehicle storage areas. (a) Any motor vehicle sales, car lot, or vehicle or boat repair business, whose customers leave their motor vehicles for repair or service, shall designate a vehicle storage area separate from the required customer parking area for all non - operational vehicles to be 2 serviced. Spaces within the vehicle storage area shall not count towards meeting the minimum required number of customer parking spaces specified in subsection 112 -4, nor shall they block access to the building, driveways, sidewalks, or hinder proper vehicular circulation within the lot. (b) Each vehicle storage area shall: (1) meet the off - street parking minimum dimensions and design standards in this chapter, or (2) be a. enclosed by a six -foot (6') high, opaque fence consisting of the materials specified in section 18 -1011; b. located behind the building line of the building; and C. designed so that the vehicles stored within are not visible from any public right -of -way in any manner. (c) Any vehicle serviced or waiting to be serviced must be stored in the vehicle storage area when not being actively repaired. Section 5: That Chapter 112 "Off- street Parking" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a section to be numbered and entitled Section 112 -12 "Penalty for violation," which section shall read as follows: CHAPTER 112. OFF - STREET PARKING Sec. 112 -12. Penalty for violation. Any person violating any section of this chapter shall upon conviction be punished as provided in section 1 -14. Section 6: 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 FIVE HUNDRED AND NO /100 DOLLARS ($500.00). 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 7: 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 8: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of 3 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 9: Sections 3 and 4 of this ordinance shall take effect six (6) months after the passage of this ordinance. All other sections of this 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 r of the City Council of the City of Baytown, this the 26th day of February, 2015. ATT ST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., ' y Attorney H. DONCARLOS, LS+i1Y9+••. A +a cobfsOl �,legaNKaren\.FilesSCity Council'•Council Meeting PDF's\2015\February 26 Off Street Parking Amendmentr.docx