Ordinance No. 10,927ORDINANCE NO. 10,927
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING CHAPTER 130 "ZONING," ARTICLE VI "DISTRICT
REGULATIONS," DIVISION 1 "GENERALLY," SECTION 130-416 "LOCATION OF
LI AND HI DISTRICTS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 130 "ZONING," ARTICLE VI "DISTRICT
REGULATIONS," DIVISION 5 "LI LIGHT INDUSTRIAL DISTRICT," SECTION
130-505 "PERMITTED USES"; AMENDING CHAPTER 130 "ZONING," ARTICLE
VI "DISTRICT REGULATIONS," DIVISION 5 "LI LIGHT INDUSTRIAL
DISTRICT," SECTION 130-506 "PROPERTY DEVELOPMENT STANDARDS" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD SUBSECTIONS (5)
"LOCATION," (6) "HEAVY EQUIPMENT STORAGE," AND (7) "SITE PLAN";
AMENDING CHAPTER 130 "ZONING," ARTICLE VI "DISTRICT
REGULATIONS," DIVISION 6 "HI HEAVY INDUSTRIAL DISTRICT," SECTION
130-509 "PROPERTY DEVELOPMENT STANDARDS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD SUBSECTION (6) "LOCATION";
AMENDING CHAPTER 130 "ZONING," ARTICLE VI "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 2 "USES," SECTION 130-572
"SUPPLEMENTARY USE STANDARDS," SUBSECTION (10) "LIGHT INDUSTRY"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; 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 VI "District Regulations," Division 1
"Generally," Section 130-416 "Location of LI and HI districts," of the Code of Ordinances, Baytown,
Texas, is hereby repealed in its entirety.
Section 2: That Chapter 130 "Zoning," Article VI "District Regulations," Division 5 "LI
Light Industrial District," Section 130-505 "Permitted Uses" of the Code of Ordinances, Baytown, Texas,
is hereby amended to read as follows.
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 5. LI LIGHT INDUSTRIAL DISTRICT
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,
c. Utilities, limited,
d. Day care, general,
e. Church or place of worship, and
f. Government and community facilities.
(2) Retail, service and office uses. Retail services and office uses directly supporting Light
Industry uses are allowed as set forth in this subsection. Retail services may constitute up
to 10% of the land area in an LI district. Retail services and office uses shall include the
following:
a. Surveying
b. Sales of office supplies in stores not exceeding 10,000 square feet in size.
c. Retail Contracting Services (Plumbing, etc.)
d. Retail Banking and Financial Services
e. High Tech
f. Retail Rental Services
g. Retail Printing/Publishing
h. Restaurants, take out and dine-in: Such restaurants may be open to the general
public. Food services gross receipts shall be at least 51% of the total gross
receipts of the establishment. Alcohol may only be served with food and may
not be served from a separate bar.
(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.
(4) Other uses
a. Kennels, as defined in section 14-1 of this code, and
b. Vehicle service stations.
Section 3: That Chapter 130 "Zoning," Article VI "District Regulations," Division 5 "LI
Light Industrial District," Section 130-506 "Property Development Standards" of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding subsection (5) "Location" to read as follows.
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 5. LI LIGHT INDUSTRIAL DISTRICT
Sec. 130-506. Property development standards.
Each site in the LI light industrial district shall be subject to the following property development
standards:
(5) Location. Where a light industry use is proposed to be located on a lot that is within 100
feet of a lot containing an existing dwelling unit, any light industry use shall not be
permitted that increases ambient noise, vibration, fumes, vapor, light, or other nuisance or
toxic features on the parcel containing such dwelling unit.
Section 4: That Chapter 130 "Zoning," Article VI "District Regulations," Division 5 "LI
Light Industrial District," Section 130-506 "Property Development Standards" of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding subsection (6) "Heavy equipment storage" to read as
follows.
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 5. LI LIGHT INDUSTRIAL DISTRICT
Sec. 130-506. Property development standards.
Each site in the LI light industrial district shall be subject to the following property development
standards:
(6) Heavy equipment storage. Heavy equipment storage in an LI District is allowed only on
a stabilized surface or parking lot. At least 100 feet inward from the public rights-of-
way, the parking lot shall be paved. When storing and selling heavy equipment,
equipment shall not be stored or displayed in such a way that the equipment itself is used
as a sign. Heavy equipment shall be kept in its most condensed form and signs shall not
be hung off a crane or any other heavy equipment that is being stored or waiting for
rental or sale.
Section 5: That Chapter 130 "Zoning," Article VI "District Regulations," Division 5 "LI
Light Industrial District," Section 130-506 "Property Development Standards" of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding subsection (7) "Site plan" to read as follows.
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 5. LI LIGHT INDUSTRIAL DISTRICT
Sec. 130-506. Property development standards.
Each site in the LI light industrial district shall be subject to the following property development
standards:
(7) Site plan. A site plan must be submitted and approved by the director in advance of
construction or the issuance of a certificate of occupancy when applicant proposes a use
in an LI district that is adjacent to or within 100 feet of an existing dwelling unit. The
site plan shall identify:
a. the use,
b. the site layout,
c. the parking,
d. the relationship of the proposed use to any adjacent existing dwelling unit within
100 feet of the property line of the light industry use,
e. the location of dumpsters and their enclosures such that there is no negative
impact on adjacent dwellings, and
f. the lighting and demonstrate through a photometric map prepared by a person,
certified as competent to prepare such a map in the state, that all light from the
proposed use stays on the light industry property and does not spill onto adjacent
dwelling units or dwelling units on a lot within 100 feet of the property line of
the light industry use.
Section 6: That Chapter 130 "Zoning," Article VI "District Regulations," Division 6 "HI
Heavy Industrial District," Section 130-509 "Property development standards" of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding subsection (6) "Location" to read as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 6. HI HEAVY INDUSTRIAL DISTRICT
Sec. 130-509. Property development standards.
Each site in the HI heavy industrial district shall be subject to the following property development
standards:
(6) Location. Unless separated by a major arterial or a major thoroughfare, the HI district
may not be adjacent to:
a. an existing dwelling unit,
b. land on which there is a plat recorded in the public record, which indicates that
the property immediately adjacent to the HI district boundary is or will be used
for dwelling units or as part of a residential subdivision, or
c. land subject to a master development plan under division 2 of this article, which
indicates that the property immediately adjacent to the HI district boundary is or
will be used for dwelling units or as part of a residential subdivision.
Section 7: That Chapter 130 "Zoning," Article VI "Supplementary District Regulations,"
Division 2 "Uses," Section 130-572 "Supplementary use standards," Subsection (10) "Light Industry" of
the Code of Ordinances, 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:
(10) Light industry. No light industry use shall be allowed to locate within 100 feet of a
navigable waterway or within 50 feet of a right-of-way of a public street and must
comply with chapter 18, article XIV of this code.
Where adjacent to a lot containing a dwelling unit, then a vegetative buffer for a light
industry use shall be placed at the common lot line extending at least 100 feet into the
parcel containing a light industry use.
a. The vegetative buffer shall be planted and maintained as set forth in Section 18-
1206.5 (c)(2)(e) (2) of this code.
b. Vehicle parking, of any kind, is not allowed in the 100 foot buffer.
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 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 10: 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, injunclive relief,
administrative adjudication and revocation of licenses or permits.
Section 11: This ordinance shall lake 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 v/t/of the City Council of Baytown,
this the 24'" day of July, 2008.
ATTEST:
KAY/TPJIE DARNELL, City Clerk \| O / v^ &»-_ g ^
/
APPROVED AS TO FORM:
ACIO RAMIREZ, Sr., City AttoYney
. DONCARLOS, Njayor
WobsrvlM-epl\Earen\Filcs\CityCouiioil\OrduiancBs\2008lJuly 24\LIAmendmentsCleanRevisedfromWSRedlineCleBnl^doc