Ordinance No. 11,040ORDINANCE NO. 11,040
AN ORDINANCE OF THE CITY COUNCIL OF TILE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER UO "ZONING," ARTICLE I "IN
GENERAL," SEC'T'ION 130 -1 "DEFINITIONS "; ARTICLE VII
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2 "USES,"
SECTION 130 -572 "SUPPLEMENTARY USE STANDARDS" OF TIIE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW CERTAIN
RESTAURANTS TO BE LOCATED WITHIN AN UN URBAN
NEIGHBORHOOD DISTRICT: CONTAINING 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 TIIE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 130 "Zoning," Article I "In General," Section 130 -1
"Definitions" of the Code of Ordinances. Bayto «m. Texas, is hereby amended to add a definition
of "restaurant," which reads as follows:
CHAPTER 130. ZONING
ARTICLE I. IN GENERAL
See. 130 -1. Definitions.
For purposes of interpreting and administering the provisions of this chapter, the words
defined in this section shall be given the meanings as follows. All other words shall be given
their common, ordinary meanings, as the context may reasonably suggest. If a dispute occurs
over the meaning of a term not defined in this section or over the application of a definition set
forth in this section, the director of planning and development services shall give an
interpretation in accordance with section 130 -413.
Restaurant means an establishment where the principal business is the sale of food in a
ready -to- consume state, where the structure in which food is prepared and sold is no greater than
4.000 square feet in size, exclusive of parking facilities.
Section 2: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations," Division 2 "Uses," Section 130 -572 "Supplementary use standards" of the Code of
Ordinances. Baytown. Texas, is hereby amended to add a new subsection to be numbered and
entitled subsection (11) "Restaurants," which reads as follows:
CHAPTER 130. ZONING
ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 2. USES
Sec. 130 -572. Supplementary use standards.
No permit shall be issued for any development or use of land unless the activity is in
compliance with all applicable supplementary use standards specified in this section. Unless
otherwise indicated, the listed standards apply in all districts in which the subject use is
permitted. The supplementary use standards shall be as follows:
(11) Restaurants. Restaurants shall not be allowed in the UN district unless direct
vehicle access is provided from an arterial street or major thoroughfare to the
parcel on which the restaurant is located. Restaurants shall be subject to the
following standards:
a. Restaurants with a drive through in an UN district shall locate the drive
through driveway so it is not between the restaurant and any existing single -
family residential development. Any speakers or microphone for the drive
through shall not be located between the restaurant and any existing single -
family residential development.
b. Where the drive through is adjacent to an existing single- family residential
structure or development, the owner and /or operator of the drive through
restaurant shall maintain on the restaurant site a masonry or concrete wall at
least 6 feet but no more than 8 feet high along the full length of the common
property line with the single - family residential structure or residential
subdivision. Where there is any topographic difference between the drive
through site and the single- family residential structure or development, then
the wall as viewed from the single- family site shall be at least six feet high
at all locations along the common property line.
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 and 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 the ordinance or the application of same to any person or the set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not effect 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: 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 tine in an amount of not
2
more than TWO THOUSAND AND NO /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 pen-nits.
Section 6: 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 affirmativ to of the City Council of
Baytown, this the 8t1i day of January, 2009. '
PHEN H. DONCARLOS, Mayor
DARNEL ,City Clerk
PROVED AS TO FORM:
611 ACIO RAMIREZ, Sr., CitkJttorney
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