Ordinance No. 10,769ORDINANCE NO. 10,769
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 130 "ZONING," ARTICLE I "IN
GENERAL," SECTION 130-1 "DEFINITIONS" TO ADD DEFINITIONS OF
"HEAVY INDUSTRY," "LIGHT INDUSTRY" AND "VEGETATIVE BUFFER
ZONE"; ARTICLE VI "DISTRICT REGULATIONS," DIVISION 1
"GENERALLY," SECTIONS 130-411 "DISTRICTS ESTABLISHED" AND
130-415 "CLASSIFICATION OF ANNEXED AREAS"; DIVISION 4 "MU
MIXED USE DISTRICT," SECTIONS 130-501 "PURPOSE," 130-502
"PERMITTED USES," AND 130-503 "PROPERTY DEVELOPMENT
STANDARDS"; ARTICLE VII "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 2 "USES," SECTIONS 130-571 "USE TABLE"
AND 130-572 "SUPPLEMENTARY USE STANDARDS," SUBSECTION (4)
"HEAVY INDUSTRY"; AND DIVISION 3 "PROPERTY DEVELOPMENT
STANDARDS," SECTION 130-601 "TABLE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 130
"ZONING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
ARTICLE VI "DISTRICT REGULATIONS," DIVISION 1 "GENERALLY,"
TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION
130-416 "LOCATION OF LI AND HI DISTRICTS; ARTICLE VI "DISTRICT
REGULATIONS" TO ADD NEW DIVISIONS TO BE NUMBERED AND
ENTITLED DIVISION 5 "LI LIGHT INDUSTRIAL DISTRICT" AND
DIVISION 6 "HI HEAVY INDUSTRIAL DISTRICT; ARTICLE VII
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2 "USES,"
SECTION 130-572 "SUPPLEMENTARY USE STANDARDS" TO ADD A
NEW SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION
(10) "LIGHT INDUSTRY" AND SECTION 130-573 "ACCESSORY USES
AND STRUCTURES" TO ADD A NEW SUBSECTION TO BE NUMBERED
AND ENTITLED SUBSECTION (3) "LIGHT INDUSTRY AND HEAVY
INDUSTRY USES"; ARTICLE VII "SUPPLEMENTARY DISTRICT
REGULATIONS" TO ADD A NEW DIVISION TO BE NUMBERED AND
ENTITLED DIVISION 4 "SPECIAL USE PERMITS,"; 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 THE 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, City of Baytown, Texas, is hereby amended to amend
the definitions of "vegetative buffer zone," "light industry" and "heavy industry," which shall
read as follows:
CHAPTER 130. ZONING
ARTICLE I. IN GENERAL
Sec. 130-1. Definitions.
Heavy industry means an establishment engaged in the manufacturing of products from
extracted or raw materials, or recycling or secondary materials, or bulk storage and handling of
such products and materials or in the storage or manufacturing processes involving flammable or
explosive material or storage and manufacturing processes that involve potentially hazardous
materials or materials commonly recognized as offensive.
Light industry means an establishment engaged in the manufacture of finished products
or parts, predominately using previously prepared materials.
Vegetative buffer zone means an area along the perimeter of either an LI light industrial
zoning district or an HI heavy industrial zoning district which provides a buffer to eliminate or
minimize conflicts between potentially incompatible, but otherwise permitted land uses of
adjoining districts. Vegetative buffer zones contain no structures, parking areas or other similar
improvements with the exception of driveways and public rights-of-way.
Section 2: That Chapter 130 "Zoning," Article VI "District Regulations," Division 1
"Generally," Section 130-411 "Districts established" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 130-411. Districts established.
(a) In order to implement the city comprehensive plan and promote the purposes of this
chapter, the following districts are established:
Section 3: That Chapter 130 "Zoning," Article VI "District Regulations," Division 1
"Generally," Section 130-415 "Classification of annexed areas" of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 130-415. Classification of annexed areas.
Any land which comes under the jurisdiction of the city because of its annexation to the
city shall be classified into the NC district unless the owner or majority of owners of the subject
property requests another classification, in which case such property shall be assigned a district
classification in accordance with the amendment procedures of division 3 of article II of this
chapter.
Section 4: That Chapter 130 "Zoning," Article VI "District Regulations," Division 1
"Generally," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to add a
new section to be numbered and entitled Section 130-416 "Location of LI and HI districts,"
which section shall read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 130-416. Location of LI and HI districts.
Unless separated by a major arterial or a major thoroughfare, the HI and LI districts may
not be adjacent to an NC or UN district, property platted for residential use or property used for
residential purposes.
Section 5: That Chapter 130 "Zoning," Article VI "District Regulations," Division 4
"MU Mixed Use District," Section 130-501 "Purpose" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 4. MU MIXED USE DISTRICT
Sec. 130-501. Purpose.
The purposes of the MU mixed use district are to:
(1) Accommodate a wide variety of land uses with minimum development standards;
(2) Ensure land use compatibility;
(3) Provide a buffer between residential uses and industrial uses; and
(4) Provide development opportunities that will strengthen the city's economic base.
Section 6: That Chapter 130 "Zoning," Article VI "District Regulations," Division 4
"MU Mixed Use District," 130-502 "Permitted uses" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 4. MU MIXED USE DISTRICT
Sec. 130-502. Permitted uses.
All land uses with the exception of light industry and heavy industry shall be permitted
by right in the MU mixed use district. However, unless expressly stated otherwise, there shall be
only one single-family dwelling unit per lot. Only permitted accessory structures shall be located
on a lot with such single-family dwelling unit.
Section 7: That Chapter 130 "Zoning," Article VI "District Regulations," Division 4
"MU Mixed Use District," Section 130-503 "Property development standards" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 4. MU MIXED USE DISTRICT
Sec. 130-503. Property development standards.
Each site in the MU mixed use district shall be subject to the following property
development standards:
(1) Lot size.
a. Single-family detached. The minimum lot size for single-family detached
dwelling units shall be 5,400 square feet.
b. Single-family attached. The minimum lot size for single-family attached
dwelling units shall be 2,500 square feet.
c. Duplex. The minimum lot size for duplex dwellings shall be 6,000 square
feet (3,000 square feet per dwelling unit).
d. Multifamily. The minimum lot size for multifamily developments shall be
established by multiplying the number of individual dwelling units by
2,000 square feet. In no case shall a multifamily lot be smaller than 6,000
square feet.
e. Other. The minimum lot size for uses other than single-family detached,
single-family attached and duplex dwellings, where permitted, shall be
5,000 square feet.
(2) Front setback. The minimum front setback for all uses in the MU district shall be
15 feet, provided that for a lot with frontage on an arterial street or a major
thoroughfare the minimum front setback shall be 35 feet.
(3) Rear setback.
a. Single-family detached, single-family attached and duplex. The minimum
rear setback for single-family detached, single-family attached and duplex
dwellings shall be ten feet.
b. Other. The minimum rear setback for uses other than single-family
detached, single-family attached and duplex dwellings shall be ten feet,
unless the compatibility standards of division 2 of article V of this chapter
impose a greater requirement.
(4) In terior side setback.
a. Single-family detached, attached and duplex. The minimum interior side
setback for single-family detached and duplex dwelling units shall be five
feet. There shall be no minimum interior side setback for single-family
attached dwellings, except that end units shall maintain a minimum
interior side setback of five feet.
b. Other. The minimum interior side setback for uses other than single-
family detached, single-family attached and duplex dwellings shall be five
feet, unless the compatibility standards of division 2 of article V of this
chapter impose a greater requirement.
(5) Street side setback. The minimum street side setback for all uses in the MU
district shall be ten feet, unless the side street is an arterial street or major
thoroughfare, in which case the minimum street side setback shall be 20 feet.
(6) Height. The maximum height for all uses in the MU district shall be 40 feet when
adjacent to an NC or UN zoning district or which is adjacent to a lot containing a
residential use, unless the following additional setback(s) from the property
line(s) is satisfied:
a. 20 feet: plus
b. Two feet per each foot of the commercial structure height or portion
thereof over 40 feet.
Section 8: That Chapter 130 "Zoning," Article VI "District Regulations" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to add a new division to be numbered
and entitled Division 5 "LI Light Industrial District," which division shall read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 5. LI LIGHT INDUSTRIAL DISTRICT
Sec. 130-504. Purpose.
The purposes of the LI light industrial district, which will provide areas for light industry
as defined in section 130-1, are to:.
(1) Buffer residential and commercial areas from heavy industry uses; and
(2) Provide development opportunities that will strengthen the city's economic base.
Sec. 130-505. Permitted Uses.
The following shall be permitted by right in the LI light industrial district:
(1) Public or civic uses. Public or civic uses shall include the following:
a. Parks and recreation,
b. Safety services, and
c. Utilities, limited.
(2) Retail, service and office uses.
(3) Light industry uses shall include the following:
a. the manufacturing, processing, fabrication, assembly, treatment and
packaging of finished products or parts, predominately using previously
prepared materials,
b. incidental storage, sales and distribution of such finished products or parts;
c. a motor freight transportation or warehousing facility and other uses and
activities that typically involve a high incidence of commercial motor
vehicle traffic and outdoor storage of products, materials, or equipment;
and
d. commercial truck stops and/or washes.
Sec. 130-506. Property Development Standards.
Each site in the LI light industrial district shall be subject to the following property
development standards:
(1) Lot size.
a. Light industry. The minimum lot size for light industry uses shall be
20,000 square feet; provided the width of the lot is at least 100 feet.
b. Other. The minimum lot size for uses other than light industry uses shall
be 5,400 square feet, unless the compatibility standards of division 2 of
article V of this chapter impose a more restrictive standard.
(2) Setbacks.
a. Light industry. The minimum setback for all light industry uses in the LI
light industrial district is as follows:
1. 50 feet for the front setback;
2. 10 feet for the rear setback;
3. 10 feet for the interior side setback;
4. 25 feet for the street side setback;
5. When LI light industry use is abutting a collector or arterial street,
the minimum setback is 50 feet; and
6. When LI light industry use is abutting a major thoroughfare, the
minimum setback is 100 feet.
b. Other. The minimum setback for uses other than light industry uses shall
be as follows, unless the compatibility standards of division 2 of article V
of this chapter impose a more restrictive standard:
1. 35 feet for the front setback
2. 10 feet for the rear setback
3. 10 feet for the interior side setback
4. 25 feet for the street side setback
(3) Height. The maximum height for all uses in the LI district shall be 40 feet unless
the compatibility standards of division 2 of article V of this chapter impose a
more restrictive standard.
(4) Vegetative buffer zones. Vegetative buffer zones shall have a minimum depth of
50 feet, excluding any public right-of-way and navigable waterway. Vegetative
buffer zones shall comply with the landscaping requirements of article XIV of
chapter 18 of this code.
Section 9: That Chapter 130 "Zoning," Article VI "District Regulations" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to add a new division to be numbered
and entitled Division 6 "HI Heavy Industrial District," which division shall read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 6. HI HEAVY INDUSTRIAL DISTRICT
Sec. 130-507. Purpose.
The purpose of the HI, heavy industrial district, which will provide areas for heavy
industry as defined in section 130-1, is to:
(1) Protect residential and commercial uses from the adverse impacts of heavy
industry uses; and
(2) Provide development opportunities that will strengthen the city's economic base.
Sec. 130-508. Permitted Uses.
The following shall be permitted by right or by special use permit in the HI heavy
industrial district:
(1) Public or civic uses. Public or civic uses shall include the following:
a. Safety services, and
b. Utilities, limited.
(2) Light industry uses. Light industry uses shall include the following:
a. the manufacturing, processing, fabrication, assembly, treatment and
packaging of finished products or parts, predominately using previously
prepared materials;
b. and incidental storage, sales and distribution of such finished products or
parts;
c. a motor freight transportation or warehousing facility and other uses and
activities that typically involve a high incidence of commercial motor
vehicle traffic and outdoor storage of products, materials, or equipment;
and
d. commercial truck stops and/or washes.
(3) Heavy industry uses. Heavy industry uses shall include the following:
a. chemical manufacturing or processing;
b. food processing and packaging plants over 10,000 square feet in size;
c. laundry and dry cleaning plants over 10,000 square feet in size;
d. oil or gas wells and facilities for exploration, production or refining of oil
or gas;
e. gas or oil pipeline manufacturing;
f. tank farms, oil or gas storage;
g. slaughterhouses and animal stockyards;
h. concrete, asphalt and tar plants;
i. scrap, junk or metal recovery yards, tire storage or recycling yards;
j. stonework and concrete manufacturing;
k. power generation plants;
1. mining or excavation for commercial purposes;
m. refuse collection, refuse transfer and recycling facilities that are not fully
enclosed;
n. sanitary landfills;
o. barge, commercial vessel, rail and container terminals and other uses and
activities that typically involve a high incidence of commercial motor
vehicle traffic and outdoor storage of products, materials, or equipment;
and
p. other similar uses.
Sec. 130-509. Property Development Standards.
Each site in the HI heavy industrial district shall be subject to the following property
development standards:
(1) Lot size.
a. Heavy industry. The minimum lot size for heavy industry uses shall be
40,000 square feet; provided the width of the lot is at least 200 feet.
b. Light industry. The minimum lot size for light industry uses shall be
20,000 square feet; provided the width of the lot is at least 100 feet.
c. Other. The minimum lot size for uses other than light industry uses shall
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be 5,400 square feet, unless the compatibility standards of division 2 of
article V of this chapter impose a more restrictive standard.
(2) Setbacks.
a. Heavy industry. The minimum setback for all heavy industry uses in the
HI heavy industrial district is as follows:
1. 100 feet for the front setback;
2. 10 feet for the rear setback;
3. 10 feet for the interior side setback;
4. 25 feet for the street side setback;
5. When HI heavy industry use is abutting a collector or arterial
street, the minimum setback is 50 feet; and
6. When HI heavy industry use is abutting a major thoroughfare, the
minimum setback is 100 feet
b. Light industry. The minimum setback for all light industry uses in the HI
heavy industrial district is as follows:
1. 50 feet for the front setback;
2. 10 feet for the rear setback;
3. 10 feet for the interior side setback;
4. 25 feet for the street side setback;
5. When LI light industrial use is abutting a collector or arterial street,
the minimum setback is 50 feet; and
6. When LI light industrial use is abutting a major thoroughfare, the
minimum setback is 100 feet.
d. Other. The minimum setback for uses other than heavy industry and light
industry uses shall be as follows, unless the compatibility standards of
division 2 of article V of this chapter impose a more restrictive standard:
1. 35 feet for the front setback
2. 10 feet for the rear setback
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3. 10 feet for the interior side setback
4. 25 feet for the street side setback
(3) Height.
e. Heavy industry. The maximum height for all heavy industry uses in the HI
district shall be 60 feet unless the compatibility standards of division 2 of
article V of this chapter impose a more restrictive standard.
f. Light industry. The maximum height for light industry uses in the HI district
shall be 40 feet unless the compatibility standards of division 2 of article V of
this chapter impose a more restrictive standard.
g. Other. The maximum height for all uses other than light or heavy industry
uses in the HI district shall be 40 feet unless the compatibility standards of
division 2 of article V of this chapter impose a more restrictive standard.
(4) Vegetative buffer zones. Vegetative buffer zones shall have a minimum depth of 100
feet, excluding any public right-of-way and navigable waterway. Vegetative buffer
zones shall comply with the landscaping requirements of article XIV of chapter 18 of
this code.
Section 10: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations," Division 2 "Uses," Section 130-571 "Use table" of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 130. ZONING
ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 2. USES
Sec. 130-571. Use table.
Districts
Use Types NC m MU u H, CONDS
Residential Uses
Single-family, P P P
detached
Single-family, p p p
attached
Duplex P P P
Mobile home — P P
Multifamily P P
Public, Quasipublic
and Civic Uses
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P = Permitted by right
P/C = Permitted by right with conditions as noted
SUP = Supplementary Use Permit
Section 11: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations," Division 2 "Uses," Section 130-572 "Supplementary use standards," Subsection 4
"Heavy industry" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to
read 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:
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(4) Heavy industry.
a. Two acres or less. No heavy industry use located on a site which is two
acres or less shall be allowed to be located within 100 feet of a navigable
waterway or the right-of-way of a public street or within 1000 feet of the
lot line that contains a single family, duplex, mobile home or multifamily
use, unless approved as a special exception in accordance with division 4
of article II of this chapter. Heavy industry use must have direct vehicle
access from a minor or major arterial, or major thoroughfare.
b. Over two acres. No heavy industry use located on a site which is over two
acres shall be allowed to located within a heavy industrial district unless a
SUP special use permit has been issued in accordance with division 4 of
this article.
Section 12: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations," Division 2 "Uses," Section 130-572 "Supplementary use standards" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to add a new subsection to be
numbered and entitled subsection (10) "Light industry" which shall read 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:
(10) Light industry. No light industry use shall be allowed to locate within 100 feet of a
navigable waterway, within 50 feet of a right-of-way of a public street, or within 500 feet
of the lot line that contains a single family, duplex, mobile home or multifamily use,
unless approved as a special exception in accordance with division 4 of article II of this
chapter. Light industry use must have direct vehicle access from a minor or major
arterial, or major thoroughfare.
Section 13: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations," Division 2 "Uses," Section 130-573 "Accessory uses and structures" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to add a new subsection to be
14
numbered and entitled subsection (3) "Light industry and heavy industry uses," which subsection
shall read as follows:
CHAPTER 130. ZONING
ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 2. USES
Sec. 130-573. Accessory uses and structures.
Principal uses classified as permitted uses by the district regulations of this article and
article VI of this chapter shall be deemed to include accessory uses and activities that are
customarily associated with and appropriate, incidental and subordinate to permitted principal
uses. Accessory uses and activities shall be subject to the same regulations as principal uses
unless otherwise stated. Accessory uses shall be as follows:
(3) Light industry and heavy industry uses. Light industry and heavy industry uses shall include
but not be limited to the following accessory uses, activities and structures:
a. Fences, walls, gates and guardhouses;
b. Parking garages, driveways and off-street parking areas;
c. Radio and television receiving antennas and support structures;
d. Signs, subject to chapter 118;
e. Solar energy systems;
f. Offices directly related to the primary use;
g. Training facilities; and
h. Other necessary and customary uses determined by the director of planning and
community development to be appropriate, incidental and subordinate to the
principal use on the lot.
Section 14: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations," Division 3 "Property Development Standards," Section 130-601 "Table" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
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CHAPTER 130. ZONING
ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 3. PROPERTY DEVELOPMENT STANDARDS
Sec. 130-601. Table.
The property development standards table of this section provides a summary of the
development standards that apply within zoning districts. The table is intended for reference and
may not reflect all of the regulations and standards that apply to particular uses. If a conflict
occurs between the table and the standards found within the individual district sections in article
VI of this chapter, the text of the individual district regulations shall control. The measurements
and exemptions found in sections 130-602 through 130-604 provide an explanation of terms used,
as well as a number of exceptions and special rules that apply.
PROPERTY DEVELOPMENT STANDARDS TABLE
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17
Zoning District
Section 15: That Chapter 130 "Zoning," Article VII "Supplementary District
Regulations" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to add a
new division to be numbered and entitled Division 4 "Special Use Permits," which division shall
read as follows:
CHAPTER 130. ZONING
ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 4. SPECIAL USE PERMITS
Sec. 130-610. Purpose.
This division provides the city council the opportunity to deny or to conditionally
approve those uses for which special use permits are required. These uses generally have unusual
nuisance characteristics or are of a public or semipublic character often essential or desirable for
the general convenience and welfare of the community. Because, however, of the nature of the
use, the importance of the use's relationship to the comprehensive plan, or possible adverse
impact on neighboring properties of the use, review, evaluation, and exercise of planning
judgment relative to the location and site plan of the proposed use are required.
Sec. 130-611. Permit required.
A building permit shall not be issued for any use to be located in a zoning district which
permits that use only as a special use unless a special use permit has first been issued in
accordance with the provisions of this division.
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Sec. 130-612. Application.
(a) All applications for a special use permit for a heavy industrial use shall be filed with
the director of planning and community development. The application shall be accompanied by a
site plan which, along with the application, will become a part of the special use permit, if
approved. The accompanying site plan shall provide the following information:
(1) Data describing all processes and activities involved with the proposed use;
(2) Boundaries of the area covered by the site plan;
(3) The location of each existing and proposed building and structure in the area
covered by the site plan and the number of stories, height, roofline, gross floor
area of any such building or structure;
(4) The location of existing drainageways, proposed drainageways and significant
natural features;
(5) Proposed landscaping and screening buffers;
(6) The location and dimensions of all curb cuts, public and private streets, parking
and loading areas, pedestrian walks, lighting facilities, and outside trash storage
facilities;
(7) Traffic impact data for cars and trucks;
(8) Anticipated permits required regarding pollutants, wetlands and hazardous
materials; and
(9) The location, height and type of each wall, fence, and all other types of screening.
(b) Unless an exception is granted by the city council, heavy industrial uses requiring a
special use permit shall be located on a platted lot.
(c) When a special use permit is required to comply with the provisions of this article and
when the technical information provided by the applicant is beyond the technical capacity
of the city staff to review the application, in addition to the usual application fee, the
applicant shall reimburse the city for the actual cost to the city for the services of a
technical expert to review the application and/or information supplement, up to a
maximum of $5,000.00.
(d) Prior to leasing or purchasing facilities, the heavy industrial use provider is encouraged to
meet with the director of planning and community development or his/her designee to
determine if the location will require a special use permit or other approvals and to
review the merits of potential locations.
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Sec. 130-613. Staff report.
After determining that the application submitted under this article is complete, the
director of planning and community development shall prepare a staff report, which may include
a recommendation for approval or disapproval based upon the criteria in sections 130-617 and
any additional conditions added by the city council pursuant to section 130-618. A copy of the
staff report on a proposed special use permit shall be mailed to the applicant at least eleven days
prior to the public hearing on the application.
Sec. 130-614. Public hearings.
The notification and public hearing process for a special use permit or revocation thereof
shall be the same as set forth in chapter 130, article II, division 2, subdivision IV of this Code.
Sec. 130-615. Recommendation by commission.
The commission shall, after due notice, conduct a public hearing on the application and
shall consider the staff report submitted as provided in section 130-613. At the public hearing,
the commission shall consider the application, staff report, the relevant support materials and
public testimony given at the public hearing. After the close of the public hearing, the
commission shall prepare and deliver a report and recommendation to the city council to
approve, disapprove, or condition the proposed special use permit based upon the criteria set
forth in sections 130-617.
Sec. 130-616. Decision by council.
After receiving the final report of the commission, the city council shall, after due notice,
conduct a public hearing on the proposed special use permit. At the public hearing the city
council shall consider the application, the staff report and the relevant support materials and the
public testimony given at the public hearing. After the close of the public hearing, the city
council shall approve or disapprove or approve with conditions the special use permit. Such
decision shall be in writing and supported by substantial evidence.
Sec. 130-617. Conditions for approval.
A special use permit shall be issued only if all of the following conditions have been
found:
(1) That the specific use will be compatible with and not injurious to the use and
enjoyment of other property, nor significantly diminish or impair property values
within the immediate vicinity in any material way;
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(2) That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding property;
(3) That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
(4) That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, light, noise and vibration;
(5) That there are sufficient landscaping, screening, setbacks and other land use
measures to ensure harmony and compatibility with adjacent property; and
(6) That the proposed use is in accordance with the comprehensive plan and generally
consistent with this code.
Sec. 130-618. Additional conditions.
In authorizing a special use permit, the city council may impose additional reasonable
conditions necessary to protect the public interest and welfare of the community.
Sec. 130-619. Time limit.
A special use permit issued under this division shall expire one year after its date of
issuance if construction or use authorized thereunder is not substantially under way as
determined by the chief building official prior to the expiration of the one-year period; provided,
however, if, prior to the expiration of such one-year period, the owner of property to which a
special use permit applies requests an extension thereof, the city council may approve such
extension for not more than one additional year.
Sec. 130-620. Revocation.
A special use permit may be revoked or modified, after notice and hearing, for either of
the following reasons:
(1) The special use permit was obtained or extended by fraud or deception; or
(2) That one or more of the conditions imposed by the permit has not been met or has
been violated.
The notice and hearing shall be given and held in accordance with article II, division 2 and
article III of this chapter.
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Sec. 130-621. Amendments.
The procedure for amendment of a special use permit shall be the same as for a new
application; provided, however, that the city manager may approve minor variations from the
original permit which do not result in any increase in external impact on adjacent properties or
neighborhoods.
Sec. 130-622. Processing fee.
A processing fee of $500.00 shall be required for the processing of each special use
permit request. Until the processing fee is paid in full, no action shall be taken on any
application.
Section 16: 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 17: 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 18: 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 in an amount of not
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 permits.
Section 19: 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 affirmatj^ vote of the City Council of
Baytown, this the 13th day of December, 2007.
sff EPHEN H. DONCARDOS, Mayor
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ATTEST:
LORRI COOWfCity Clerk
APPROVED AS TO FORM:
RAMIREZ, Sr., CfcpAttorney
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