Ordinance No. 13,522ORDINANCE NO. 13,522
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,"
SUBSECTION (C) "LIVABLE CENTER ("LC")" AND SECTION 2.06
"SPECIAL PURPOSE ZONING DISTRICTS," SUBSECTION (A); DIVISION
3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE
TABLES," TABLES 2-2 "NON-RESIDENTIAL USES" AND 2-3 "NON-
RESIDENTIAL ACCESSORY USE TABLE"; AND SECTION 2.10 "LAND
USE CONDITIONS," SUBSECTION A "NON-RESIDENTIAL
CATEGORIES," BY REMOVING CONDITION NO. 47 AND AMENDING
CONDITION NO. 44; AND ARTICLE III "DESIGN AND COMPATIBILITY
STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS,"
TABLE 3-1 "PROPERTY DEVELOPMENT STANDARDS"; DIVISION 3
"NON-RESIDENTIAL DISTRICTS," TABLE 3-2 "NON-RESIDENTIAL
MINIMUM MASONRY REQUIREMENT" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO (I) CHANGE THE PROPERTY
DEVELOPMENT STANDARDS BY INCREASING SETBACK
REQUIREMENTS, (II) REMOVE THE DETAIL PLAN REQUIREMENT,
AND (III) DECREASE THE SIZE LIMITS FOR A PLANNED UNIT
DEVELOPMENT IN A LIVABLE CENTERS ZONING DISTRICT;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND N0/100 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 (c) "Livable center ("LC")" is hereby amended to read as follows:
ARTICLE II. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.04. Commercial zoning districts.
(c) Livable center CEC'). This district is intended to accommodate a variety of land uses that
complement each other and could include living, working, educational and entertainment
options.
Section 2: That Appendix A "Unified Land Development Code," Article II "Use
Districts" Division 2 "Zoning Districts," Section 2.06 "Special purpose zoning districts,"
Subsection (a) is hereby amended to read as follows:
ARTICLE H. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.06. Special purpose zoning districts.
(a) Planned unit development district ("PUD"). This district is intended to allow flexibility in
planning and designing for unique or environmentally sensitive properties that are a
minimum of ten acres in size unless in an LC zoning district, in which case the minimum
is three acres in size. A PUD shall be developed in accordance with a common
development scheme. PUD zoning is designed to accommodate land uses that cannot be
accommodated using the districts in this ULDC. A PUD may be used to permit new or
innovative concepts in land use and standards not permitted by zoning in this ULDC.
Section 3: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 1 "Property Development Standards," Table 3-1
"Property development standards" is hereby amended to read as follows:
ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS
DIVISION 1. PROPERTY DEVELOPMENT STANDARDS
Table 3-1. Property development standards.
Minimum lot size (square feet)
Minimum front setback
5,000
[ 10,000 10,000
10,000
2,500
20,000
5 AC
5,000
15
15
25
25
0
35
50
25
Minimum rear setback
5
5
5
5
0
20
40
10
Minimum interior side setback
5
5
5
5
0
5
10
10
Minimum street side setback
10
15
25
25
0
25
50
25
Maximum height (in feet)
40
35
60
60
60
50
60/75
50
Percent maximum lot coverage
90
90
75
75
100
90
90
51
Minimum lot frontage required (linear feet)
50
60
60
50
25
60
60
1 25
• Flag lots are permitted in this district that do not meet the minimum lot frontage required subject to the provisions of section 3.01, subsection (e).
Section 4: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 3 "Non -Residential Districts," Table 3-2 "Non-
residential minimum masonry requirement" is hereby amended to read as follows:
ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS
DIVISION 3. NON-RESIDENTIAL ZONES
Table 3-2. Non-residential minimum masonry requirement.
Btlildim,
Zollill-
Ar(erial
Street stalidards
Collector mid
Local Street
Staii(lard
Front
J Side
Rear
Front
Side
Rear
f LC
80-40
50-25
j 50-25
0*
60-30
20-10
0*
CC
-
80-40
0*
60-30 20-10
0*
NSC
-
80-40
50 - 20
0*
60-30
40-20
0*
MU
No Masonry Standard
LI
0-50K
75-70
75-35
0*
60-30
60-30
0*
5OK--100K
100K and up
60-50
25-20
60-30 0*
25-15 0*
Masonry Standard
40-20
20-10
40-20
20 - 10
0*
0*
HNo
Note: Rear facades facing a public street or parking lot shall be considered a side facade and use the side facade
standard applicable to that zoning district and street classification.
Section 5: That Appendix A "Unified Land Development Code," Article II "Use
Districts," Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Tables
2-2 "Non-residential uses" and 2-3 "Non-residential accessory use table" are hereby amended, in
part, to read as follows:
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
See. 2.09. Land use tables.
(a) Uses. This subsection 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
M
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.
(b) Prohibited uses. In all residential zoning districts, the use of containers for any purpose is
expressly prohibited.
Table 2-2. Non-residential uses.
Community services P P P P P P
Day care I P I P I I P I P PC PC A8
Dwelling unit
PC
I
I PC
PC
PC
P
I
I A44
Entertainment facilities, including bars and lounges
PC
I
I PC
PC
PC
I
I A45
Food service establishment
P
PC
PC
P
P
P
PC
A9-10, Al 1, Alt
Funeral home
PC
PC
P
PC
A33
Gas station
P
PC
PC
P
PC
PC
P
A15, A16
Grocery stores I P I PC I PC I P I P I I I A19
Hotels and motels P P P P P
Live outdoor exhibitions PC I I I PC I PC I I I A26
Clinics I P I P I I P I P I P P6
Office
P
PC
PC
P
P
I P
PC
A27, A28
Oil or gas wells
PC
A23, A29, A29.5
Outdoor sales and display
PC
PC
PC
PC
PC
P
P
A50
Parking, commercial P P P
Personal service P P I P P I P I P
Places of assembly PC I PC I PC I PC I PC A30, A30A
Repair business PC I PC I PC I PC I I P I I A55
4
General
P
PC
P
I P
I P
I P
I
I A18
Big box
PC
I PC
PC
I
I
I A17
Table 2-3. Non-residential accessory use table.
ACCESSORYUSE- 'MU NSC ACE GC LC Ll 1-11 COND REF
Food service establishments P P
Sandblasting I PC I PC I PC I PC I I PC I PC I A56, A57
Section 6: 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," is hereby amended by removing Condition No. 47
and amending Condition No. 44, to read as follows::
ARTICLE H. 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.
The conditions expressed in the use table are cumulative of applicable conditions contained
elsewhere in the Code.
Section 7: 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 N0/100 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 8: 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 9: 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 10: 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 affirmativA vote of the City Council of the
City of Baytown, this the 27"' day of July, 2017.
1
CHRIS PRESLEY, Mayor Pro Tem
ATTEST:
LETICIA BRYSCH, City erk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Yy
Attorney
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