Ordinance No. 13,523ORDINANCE NO. 13,523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE
H "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 2-3 "NON-RESIDENTIAL ACCESSORY USE
TABLE," "VEHICLE STORAGE"; AND ARTICLE IV "DEFINITIONS," OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DELETE REFERENCES TO
"TOWING SERVICE," TO ALLOW VEHICLE STORAGE AND SANDBLASTING
ONLY AS AN ACCESSORY USES IN THE MIXED USE (MU) ZONING DISTRICT,
TO CLARIFY THE DEFINITION OF "TOWING YARD," AND TO REMOVE SUCH
REDEFINED USE FROM THE MIXED USED ZONING DISTRICT; AND
AMENDING CHAPTER 82 "SECONDHAND GOODS," ARTICLE III "JUNK AND
AUTOMOTIVE WRECKING AND SALVAGE" DIVISION 2 "JUNKYARDS AND
SALVAGE YARDS," SECTION 82-161 "DEFINITIONS" AND CHAPTER 102
"VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION 1
"GENERALLY," SECTION 102-136 "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE DEFINITIONS OF
"VEHICLE STORAGE FACILITY" AND "AUTOMOTIVE WRECKING AND
SALVAGE YARD"; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND N0/100 DOLLARS ($2,000.00) FOR VIOLATIONS OF THE
UNIFIED LAND DEVELOPMENT CODE; PRESCRIBING A MAXIMUM PENALTY
OF FIVE HUNDRED AND N0/100 DOLLARS ($500.00) FOR ALL OTHER
VIOLATIONS; 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 "Towing
Service" from the list of uses.
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, in part, to read as
follows:
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
Table 2-2. Non-residential uses.
USLS N11 ysc
General
P
PC
P
P
PC
P
PC
A18, A47
Big box
PC
A6, A7, A42
PC
PC
PC
PC
A17
Sandblasting
Dwelling unit
P
I
I PC
PC
PC
PC
A23
Selft aros ge
P
PC
P�
P
11
A53
Slaughterhouse
I
PC
A23, A35
Supply houses
PC
I
I
I PC
I
PC
I P
A54, A54.5
A37
A42
Telecommunication facilities
PC
I
I
PC
PC
PC
Towing yard
Truck stop
Truck terminal
Vehicle and boat sales, rental or leasing
facility
Vehicle storage 1
P
PC
P
I P
A46
P
P
PC
PC
P
A52
P
Warehouse and freight movement I
PC I
PC
P
P
A40��
Section 3: 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 as
follows:
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
Table 2-3. Non-residential accessory use table.
•COND
REF
Container
Dog run
PC
PC
i
PC
PC
A6, A7, A42
PC
PC
PC
I A25
Dwelling unit
P
I
I PC
PC
! PC
PC
PC
A44
Equipment sales and rental facilities
PC
PC
A53
2
ACCE`SSO
•
Food service establishments I I
I
I
I
i P
!Kennel PC
PC
PC
—7
_T
A25
Medical equipment storage and research
:facilities
PC
PC
A43
Outdoor storage (Accessory) PC PC
Sandblasting PC PC
Vehicle Storage PC
PC
P
P
A42
PC
PC
PC
PC
PC
A56, A57
PC
P
P
A36
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 2-3 "Non-
residential accessory use table" of the Code of Ordinances, Baytown, Texas, is hereby amended to
remove "Towing Service" from the land uses.
Section 5: That Appendix A "Unified Land Development Code," Article H "Use Districts,"
Division 3 "Land Use Tables and Conditions," Section 2.10 "Land use conditions," Table 2-3 "Non-
residential accessory use table," "Vehicle storage" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read, in part, as follows:
ARTICLE H. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.10. Land use conditions.
Vehicle storage is subject to the outdoor storage conditions of this
(a) ordinance and must be kept behind opaque screening and in accordance
with chapter 112 of the Code of Ordinances.
Vehicle
36 storage GC, MU Vehicles that contain hazardous materials pursuant to the standards of the
(b) 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.
Section 6: That Appendix A "Unified Land Development Code," Article IV "Definitions,"
of the Code of Ordinances, Baytown, Texas, is hereby amended to remove the definition of "Towing
service" and to revise the definitions of "Vehicle storage" and "Towing yard," to read, in part, as follows:
3
ARTICLE V. DEFINITIONS
Towing yard shall mean a vehicle storage facility, as defined in section 102-136 of the Code of
Ordinances.
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 "parking commercial," "public service," "towing yards," "vehicle repair, major," "vehicle
repair, minor" or "boat and RV storage."
Section 7: That Chapter 82 "Secondhand Goods," Article III "Junk and Automotive
Wrecking and Salvage" Division 2 "Junkyards and Salvage Yards," Section 82-161 "Definitions" of the
Code of Ordinances, Baytown, Texas, is hereby amended to revise the definitions of "Automotive
wrecking and salvage yard" to read, in part, as follows:
Chapter 82. Secondhand Goods
Article M. Junk and Automotive Wrecking and Salvage
Division 2. Junkyards and Salvage Yards
Sec. 82-161. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Automotive wrecking and salvage yard means any lot or tract of land whereupon three or more
discarded, abandoned, junked, wrecked or worn-out automotive vehicles, including but not limited to
autos, trucks, tractor -trailers and buses, are kept or stored. The term shall not include a vehicle storage
facility as defined in section 102-136 of this code.
Section 8: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 1
"Generally," Section 102-136 "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby
amended to revise the definitions of "Vehicle storage facility" to read, in part, as follows:
Chapter 102. Vehicles for Hire
Article M. Tow Trucks
Division 1
Sec. 102-136. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
4
Vehicle storage facility means a garage, parking lot, or other facility that:
(1) Is owned by a person other than a governmental entity; and
(2) Has the capacity to store or park at least ten vehicles each year.
Section 9: Any person who fails to comply with any provision of Sections 1 through 6 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). Any person who fails to comply
with any provision of Sections 7 and 8 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 10: 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 11: 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 12: 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 vote o th City Council of the City of
Baytown, this the 27h day of July, 2017. 01
CHRIS PRESLEY, Mayor Pro Tem
ATTE T:
LETICIA BRYSCH, City k
APPROVED AS TO FORM:
CIO RAMIREZ, S ity Attorney
I\cobfsO111egahKarenTileslCity Cou Ordinances\201711u1y 27\Towing.docx