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Ordinance No. 13,974ORDINANCE NO. 13,974 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 2.10 "LAND USE CONDITIONS," SUBSECTION A "NON-RESIDENTIAL CATEGORIES," ITEM 13 "HOTEL" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE THE EXCEPTION WHICH ALLOWED PRIMARY EXTERIOR ACCESS TO HOTEL ROOMS IN CERTAIN AREAS OF THE CITY; 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. ************************************************************************************* 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 2.10 "Land Use Conditions," Subsection A "Non- residential categories," Item 13 "Hotel' of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE 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. A. Non -Residential Categories Section 2: 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, GC, ACE, MU, LC Hotels shall be located on property that is at least one acre in size. A hotel shall (i) only permit controlled access to rooms via a lobby and interior 13 Hotel GC, ACE, Interior hallways; and (ii) include place(s) of assembly, including but not limited to, spa MU, LC Access room, fitness room, game room and/or cocktail lounge with a combined minimum of 2,000 square feet. Section 2: 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 3: 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. In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: If any provision, 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 5: 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 of the City Council of the City of Baytown, this the 10th day of January, 2019. HEXTIIER MT-ANCOORTH, Mayor Pro Tem A T: LETICIA BRYSCH, City erk �'' rt G�. APPROVED AS TO FORM:ell NACIO RAMIREZ, S ity Attorney L \TOBF 0Megal\KareffileACity CoundhOrdinances\2019Vanuary I0\Hote1ZoningOrdinance.docx 2