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Ordinance No. 11,514ORDINANCE NO. 11,514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 "ZONING," ARTICLE VI "DISTRICT REGULATIONS," DIVISION 4 "MU MIXED USE DISTRICT," SECTION 130 -502 "PERMITTED USES "; ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2 "USES," SECTIONS 130 -571 "USE TABLE" AND 130 -572 "SUPPLEMENTARY USE STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PERMIT COMMERCIAL TRUCK STOPS AND WASHES IN THE MIXED USE ZONING DISTRICT UNDER CERTAIN CONDITIONS; 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. fss• ss•* s* s**** s• s** i*** s**+* s* ssss** ssssss* ss• *s•s *ss # *ss *s * * *s * * +•••• + *.•+ ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: 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. (a) Permitted by right. All land uses with the exception of those described in subsection (b) of this section shall be permitted by right in the MU mixed use district. (b) Exceptions. The following uses are not permitted in the MU mixed use district: a. light industry uses that are not in compliance with section 130 - 572(12); and b. heavy industry uses. (c) Restrictions. 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 2: That Chapter 130 "Zoning," Article VII "Supplementary District Regulations," Division 2 "Uses," Section 130 -571 "Use table," "Other Uses" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to add commercial truck stops and washes, which addition shall read as follows: CHAPTER 130. ZONING ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2. USES Sec. 130 -571. Use table. Districts Commercial truck stops and /or washes -- -- P/C P P 130 -572 l2 P = Permitted by right P/C = Permitted by right with conditions as noted Section 3: 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 (12) "Commercial truck stops and /or washes," which subsection shall read as follows: CHAPTER 130. ZONING ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS DMSION 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: (12) Commercial truckslops and/or washes. Commercial truck stops and/or washes: a. are allowed in the LI and HI districts by right; and b. are allowed in the MU district; provided that the lot on which the truck stop or truck wash is located has frontage on either Interstate 10 or Thompson Road and is completely located within a 2,000 foot radius measured from the centerline intersection of Interstate 10 and Thompson Road. Section 4: 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 tile subject matter covered by this ordinance. Section 5: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the ordinance or the application of same to any person or tile set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not et'l'(.ct tile validity of the retnaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions ofthis ordinance are declared to be severable. Section 6: Any person who fitils 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 cif riot more than TWO THOUSAND AND NO/100 DOLLARS ($2,000.00), Each act of violation and each day upon which ally such Violation shall occur shall constitute ,I separate offense. hi addition to tile penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation officcilses or perillits. Section 7: This ordinance shall take effiect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causitig the caption of this ordinance to be published in tile official newspaper of the City ofBaylown at least twice within tell (10) days after passage of this ordinance. 17 INTRODUCED, READ, AND PASSED b o y the affirmative vote lie City Council of Baytown, this tile 9"' day of December, 20 1 O. APPROVED AS TO FORM: A A4, p dA7C?!gIO �R�A�M'I'R'E-Z, Sr,, Cit_QA to,lr,,,y STEAIIE�N H. 130NCARLOS, Nlaybr RAKwcnA-Hes\City CoLiiicihOrditiatiQo'%—)0101,,Dc"iiibir %Tnpekslops in MI.). doc