Ordinance No. 10,985ORDINANCE NO. 10,985
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 130 "ZONING," ARTICLE I "IN GENERAL," SECTION
130 -1 "DEFINITIONS'; ARTICLE VI "DISTRICT REGULATIONS," DIVISION 3
"UN URBAN NEIGHBORHOOD DISTRICT," SECTION 130472 "PERMITTED
USES "; ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION
2 "USES," SECTION 130 -571 "USE TABLE" AND SECTION 130 -572
"SUPPLEMENTARY USE STANDARDS" OF THE 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 N01100 DOLLARS ($2,000.00);
AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE
THEREOF.
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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, Baytown, Texas, is hereby amended to add a definition of "restaurant," which
reads as follows:
CHAPTER 130. ZONING
ARTICLE I. IN GENERAL
Sec. 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. The term does not include a drive - through or a drive -in
establishment.
Section 2: That Chapter 130 "Zoning," Article VI "District Regulations," Division 3 "UN
Urban Neighborhood District," Section 130 -472 "Permitted uses" of the Code of Ordinances, Baytown,
Texas, is hereby amended to add a new subsection to be numbered and entitled subsection (4) "Other,"
which reads as follows:
CHAPTER 130. ZONING
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 3. UN URBAN NEIGHBORHOOD DISTRICT
Sec. 130 -472. Permitted uses.
The following uses shall be permitted by right in the UN urban neighborhood district:
(4) Other. A restaurant shall be permitted subject to the supplementary use standards of
subsection 130 -572 (11).
Section 3: That Chapter 130 "Zoning," Article VII "Supplementary District Regulations,"
Division 2 "Uses," Section 130 -571 "Use table" of the Code of Ordinances, Baytown, Texas, is hereby
amended to add a new table, which reads as follows:
CHAPTER 130. ZONING
ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS
Sec. 130 -571. Use table.
DIVISION 2. USES
USE TABLE
Residential Uses
Districts
0
Single - family, detached
P
P
P
--
--
Single- family, attached
P
P
P
--
--
Duplex
P
P
P
--
--
Mobile home
--
P
P
--
--
Multifamily
--
P
P
--
--
Public, Quasipublic and Civic Uses
Church or place of worship
P/C
P/C
P
--
--
130 - 572(1)
College or university
P/C
P/C
P
--
--
130- 572(2)
Day care center, limited
P/C
P/C
P/C
--
--
130- 572(3)
Day care center, general
--
P/C
P/C
--
--
130 - 572(3)
Hospital
--
--
P
--
--
Library
--
P
P
--
--
Nursing home
--
P/C
P
--
--
130 - 572(6)
Parks and recreation
P/C
P/C
P/C
P/C
--
130 - 572(7)
Safety services
P
P
P
P
P
School
P/C
P/C
P/C
--
--
130 - 572(8)
Utilities, limited
P
P
P
P
P
2
Retail, Service and Office Uses
Home occupation
P/C
P/C
P/C
--
--
130 - 572(5)
Office
--
P/C
P
P
--
130- 572(9)
Retail
--
P/C
P
P --
--
130 - 572(9)
Other Uses
Restaurant
P/C
P
P/C
130 - 572(11) & 130 -505 (2)(h)
Eating and drinking place
--
--
P
--
--
Light industry
--
P/C
P/C
130 - 572(10)
Heavy industry
--
--
--
--
P /C/
or
SUP
130 - 572(4)
P = Permitted by right
P/C = Permitted by right with conditions as noted
SUP = Supplementary Use Permit
Section 4: 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
See. 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 are allowed in the UN district only when direct vehicle access
is provided from an arterial street to the parcel on which the restaurant is located. This
standard shall not apply in the MU or LI districts.
Section 5: All ordinances Or parts of ordinances inconsistent with the terms of this ordinance are
bencbv repealed; provided, however, that such reRou| uhoU be only to 1hm extent mfomub inumuuiutcooy and
in till other respects this ordinance ohm|| be cumulative e[oLhurondinancem regulating and governing fhc
oubJcct matter covered by this wmdiumnoc.
Section 6: (f any provision. ncotiwn, exception, subsection,, paragraph, yuo{o`ou, clause orphrase
oF the ordinance or the oppficmlimnuf same ho any person wrthe set o[oincunmbaoucm, shall for any reason
be held uocoomLiiutionml" void or invalid, such invalidity sboU not effect the vm|iclity of the n:zouimiug
provisions of this ordinance or their application to other persons or sets o[ciroumma1uuocs and to this end
all provisions oftbim ordinance are declared tmbuaevcrmblo.
Section Any person who fails k/ cornply with any provision mfddmmdinwoccshmNbcgui|1y
of misdemeanor and, uPmu cumvid]no, ahaly be puoiybed by u fine in all amount o[noi more than TWO
THOU SAND AND Y40/\08 DOLLARS ($2,000.88). Each act v[viola1imm and each day opom which ally
such violation obolh occur shall constitute separate offense, In addition 10 the penalty prescribed mhnvu,
the City mu)' pUrswm other n:umeJieu such as abatement mf'nuisancus, illjLlllCtiVe relief, administrative
adjudication and revocation of|iceomesmrpermits,
Section 8: This ordinance yhuU tmkc effect from and oNcr |cm (10) days fi-om its pmmaugc by /ile
City Council. The City Clerk in hereby directed to give notice hereof by cuumiog the caption of this
ordinance to be published in the off"icial newspaper ofthe City of Baytown at least twice within tell (10)
days after passage oy this ordinance.
UNTRODUCTO, RF`\L\ AND PAS5F"D by the u[0mmc&ive vote,,o I the City Council ofBaytown,
this the 9"' clay of0ctober, 2008.
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