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Ordinance No. 11,605ORDINANCE NO. 11,605 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 "ZONING," ARTICLE VI "DISTRICT REGULATIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 7 "ACE ARTS, CULTURAL AND ENTERTAINMENT DISTRICT" IN ORDER TO REGULATE THE DEVELOPMENT OF LAND IN THE DOWNTOWN AREA BY ESTABLISHING A LIST OF ALLOWED USES AND ADDING APPLICABILITY, SUPPLEMENTARY USE, AND PROPERTY DEVELOPMENT STANDARDS; AMENDING CHAPTER 130 "ZONING," ARTICLE I "IN GENERAL," SECTION 130 -1 "DEFINITIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD DEFINITIONS OF "BAR," "BED AND BREAKFAST," "CONDOMINIUM COMPLEX," "ELECTRICAL REPAIR SHOP," "GROCERY STORE," "HOTEL," "LIVE- WORK," "MIXED -USE BUILDING," "MUSEUM," "PERSONAL SERVICE BUILDING," "PLACE OF ASSEMBLY," "PLAZA," AND "PRIMARY STREET," AND AMENDING THE DEFINITIONS OF "RESTAURANT" AND "RETAIL"; AMENDING CHAPTER 130 "ZONING," ARTICLE VII "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4 "SPECIAL USE PERMITS," SECTION 130 -612 "APPLICATION," SUBSECTION (A) OF THE CODE OF ORDINANCES, TO MAKE THE SPECIAL USE PERMIT STANDARDS APPLICABLE TO USES OTHER/ THAN HEAVY INDUSTRIAL USES; ,; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO1100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Section 1: That Chapter 130 "Zoning," Article VI "District Regulations," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to create Division 7 "ACE Arts, Cultural and Entertainment District," to read as follows: CHAPTER 130. ZONING ARTICLE VI. DISTRICT REGULATIONS DIVISION 7. ACE ARTS, CULTURAL AND ENTERTAINMENT DISTRICT See. 130 -511. Purpose. The purposes of the ACE arts, cultural, and entertainment district are to: (1) Preserve and enhance the viability of areas for arts, culture and entertainment, while allowing an approximate mix of land uses; (2) Promote infill development and redevelopment that are compatible with an area for arts, cultural and entertainment uses, including single - family attached dwellings, multi - family dwellings and certain nonresidential retail uses; and (3) Ensure land use compatibility. Section 130 -512. Applicability (a) This division shall apply to the ACE district, which is that area more particularly described on the official zoning map. (b) Application of compatibility standards set forth in article V, division 2 of chapter 130 of this code does not apply in this district. (c) Where a conflict exists between these district regulations and the remainder of chapter 130, the language with the higher standard controls, except for setbacks and compatibility standards, which are controlled by section 130 -514 and division 2 of article V of this chapter, respectively. Sec. 130 -513. Permitted Uses. (a) The following shall be permitted by right in the ACE arts, cultural and entertainment district: (1) Bars; (2) Bed and breakfast facilities; (3) Condominium complexes; (4) Restaurants, full service; (5) Electrical repair shops; (6) Government services; (7) Grocery stores; (8) Hotels; (9) Live -work; (10) Mixed -use buildings; (11) Multi- family dwellings; (12) Museums; (13) Plazas; (14) Park and recreation; (15) Personal services; (16) Place of assembly; (17) Retail; and (18) Single - family attached dwellings. 2 See. 130-514. Property development standards. The firont, rear and side setbacks in this district are zero feet. Sectioll 2: "I'liat C,hapter 130 "Zoriing,", Article V11 "Suppleiriemary District Reguhitions," Div,isiori 2 "t-Nes," Sectioii 130-571 "Use table" of the Code of Ordhiazices, City ofBaytowii, Texas, is hereby articrided to arnetid the table, which table shall read as follows: CHAPTER 130. ZONING ARTICLE, VII. SUPPLENIENTARY DI' TRICTREGULATMNS DIVISION 2. USES See. 130-571. Use table. Use Types Residenflat Uses NC UN DISTRICT MU LI HI ACE CONDS (Section) Single- fain i ly, detached 1) P J) Shigle-fainily, attached ) 1) 1) P 1 P/C 130-572 (19) Duplex 1) P P Corldoillinium colliplex P/C P/C P /C"' 130-474(l)(d), 130-503(l)(d), '111d 130-572(17) Mobile home P 1) Multifall) ly P/C P/C PKI, 130-474(l)(d), 130-503(l)(d), and 130-572(17) l'uhli•, Quasipuhlic and Civic Uses ChUrch or place of worship P/C P/C P — - - ----- P/C 130-572(l )'axial 130-572 (20) College ear- university P/C P/C 11 — P/C 130-572(2) Day care canter, Iiinited P/C P/C 1)/C 130-572(3) Day care center, geile•al PIC P/C 130-572(3) Hospital 1) Library P 1) P Nursing honie P/C 1) 130-572(6) Hotel 1) Parks and recreation P/C P/C DISTRICT P/C P/C — P 130- 572(7) Safety services P P P P P P School P/C P/C P/C — — 130 - 572(8) Utilities, limited P P P P P P Retail, Service and Office Uses Home occupation P/C P/C P/C — — P/C 130 - 572(5) Office — P/C P P/C — P 130- 505(2) and 130 - 572(9) Retail — P/C P P/C — P/C or SUP 130 - 505(2), 130 - 572(9) and 130- 572 (18) Restaurant P/C P P/C P/C 130- 572(11) and 130- 505(2)(h) Eating and drinking place — — P — — — Bars — — P — — P Bed and breakfast — P/C P — — P/C 130 -572 (13) Electrical repair shops — — P P P P Grocery stores — P P — — P/C 130 -572 (14) Live -work — — P — — P/C 130 -572 (15) Mixed -use building — — P — — P/C 130 -572 (16) Museums — — P — — P Plazas — — P — — P Personal services — P/C P P/C — P 130 - 505(2), 130- 572(9) Places of assembly P/C P/C P — — P/C 130- 572(l) and 130 -572 (20) Other Uses Light industry — P/C P/C — 130 - 572(10) Heavy industry — — — — P /C/ or SUP — 130- 572(4) Commercial truck stops and /or washes — — P/C P P — 130 - 572(12) 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 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: (1) Church or place of worship. Churches and places of worship shall not be allowed in the NC, UN, and ACE district unless direct vehicle access is provided from a collector or arterial street or major thoroughfare or unless the point of access to the off -street parking area serving the use is located within 1,500 feet of a collector or arterial street or major thoroughfare, as measured along the centerline of the street right -of -way leading to the church or place of worship. This standard shall not apply to churches or places of worship located in the MU district. (2) College or university. Direct vehicle access to college and university facilities shall be provided from a collector or arterial street or major thoroughfare. This standard shall not apply in the MU district. (3) Day care, limited and general. The following shall apply to day care centers in al l districts: a. Day care centers shall comply with all applicable state regulations. b. There shall be no signs or other exterior visible evidence of the conduct of a day care when it is located in or adjacent to the NC district. C. All outdoor play areas shall be enclosed by a fence or wall with a minimum height of four feet. (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 1,000 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 E 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 be located within a heavy industrial district unless a SUP special use permit has been issued in accordance with division 4 of this article. (5) Home occupations. The following home occupation standards are intended to permit residents to engage in home occupations within NC and UN zoning districts that are compatible with residential land uses and to ensure that home occupations do not adversely affect the integrity of residential areas. These home occupation standards shall have no application in the MU district. A home occupation shall be considered an accessory use, subject to the following standards: a. A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner; b. There shall be no signs or other exterior visible evidence of a home occupation; C. There shall be no visible storage of equipment, materials or vehicles that have more than two axles; d. The home occupation shall be conducted entirely within the principal residential building; e. No equipment shall be used that creates undue noise, vibration, electrical interference, smoke or particulate matter emission, excessive power demands or odors. Home occupations shall comply with the operational performance standards of division 3 of article V of this chapter; and f. Persons other than a member of the immediate family occupying such a dwelling may be employed. (b) Nursing home. Direct vehicle access to nursing home facilities in the UN district shall be provided from a collector or arterial street or major thoroughfare. (7) Parks and recreation. All lights, light poles and outdoor seating areas associated with park and recreation uses shall be set back at least 100 feet from lots that are zoned NC or that contain single - family, duplex or multifamily residential uses. (8) Schools. Lighted outdoor recreational areas and facilities shall be set back at least 100 feet from lots that are zoned NC or that contain single - family, duplex or multifamily uses. Ri (9) Retail, service and office uses. In the UN district, all retail and office uses shall have direct access to a collector or arterial street or major thoroughfare unless the use contains no more than 1,000 square feet of gross floor area, in which case local street access shall be allowed. (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 subsection 18- 1206.5 (c)(2) and (e)(2) of this Code. b. Vehicle parking, of any kind, is not allowed in the 100 -foot buffer. (11) Restaurants. a. 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 in the UN district shall be subject to the following standards: 1. 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. 2. 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 six feet but no more than eight 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. 3. Restaurants shall be no greater than 4,000 square feet in size, exclusive of parking facilities. i1 b. In the ACE district, drive - through restaurants are not allowed. (12) Commercial truck stops 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. (13) Bed and breakfast facilities. Bed and breakfast facilities in the UN and ACE districts are limited to five sleeping rooms, exclusive of the sleeping room for the owner /operator of the facility. (14) Grocery stores. Grocery stores in the ACE district and shall not exceed 40,000 square feet in size. (15) Live -work. Live -work may be located in an ACE district (i) behind a business on its first floor as long as the exterior wall of the residential area is not along a primary street or (ii) above the ground floor where the unit has frontage on a primary street. (16) Mixed -use buildings. In mixed -use buildings fronting a primary street in an ACE district, a residential use is allowed only (i) behind a business on its first floor as long as the exterior wall of the residential area is not along a primary street or (ii) above the ground floor where the unit has frontage on a primary street. (17) Multi family dwellings. Multi - family dwellings in an ACE district shall not exceed 30 units per acre. Multi - family dwelling units are allowed on the ground floor of buildings which front a primary street if (i) the exterior wall of the residential area is not along a primary street or (ii) the residential area is above the ground floor where the unit has frontage on a primary street. (18) Retail businesses. New retail stores in the ACE district shall not exceed 10,000 square feet in size. (19) Attached single-family dwellings. Attached single - family dwellings in the ACE district shall be subject to the following: a. Required parking areas and garages shall be located to the rear of the building; b. Maximum number of units per building shall be 15; 8 C. Minimum number of units per building shall be 3; d. Common open space is required for each townhouse development and such common open space shall not be on the lot with the unit, shall be accessible to all residents, shall be within the boundary of the townhome subdivision plat, and shall not be used for parking, storage, lift stations or other similar uses. (20) Place of assembly. A place of assembly in the ACE district cannot be located therein if its presence precludes the sale of alcoholic beverages for on- premise consumption elsewhere in the ACE district. Section 4: 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 add definitions of "bar," "bed and breakfast," "condominium complex," "electrical repair shop," "grocery store," "hotel," "live- work," "mixed -use building," "museum," "personal service building," "place of assembly," "plaza," and "primary street," and amending the definitions of "restaurant" and "retail," which definitions shall read as follows: CHAPTER 130. ZONING ARTICLE I. DISTRICT REGULATIONS DIVISION 1. 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. . • • Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, and cocktail lounges. Bed and breakfast means a small inn that is an owner- operated business (i) with five (5) or fewer rooms for rent (ii) that serves only breakfast to overnight guests, and (iii) whose owner has completed a food manager's certification course accredited by the department of state health services. The primary use of the lot and structures are for the business of the bed and breakfast, which advertises, pays sales tax and provides on -site signage. The term shall not include hospitals, clinics, drug treatment centers, rehabilitation centers, or residential counseling or treatment centers. 9 Condominium complex means a multi - dwelling unit whose form of property ownership provides for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Electrical repair shops means shops that repair small electrical appliances, such as sewing machines, small electronic equipment, and vacuums. Grocery store means an establishment that uses the premises to sell to the ultimate end user, food or drugs, including food and drugs which are manufactured on the premises as an integral part of the retail operation. Hotel means any building containing six (6) or more rooms in which members of the public may, for a consideration, obtain sleeping accommodations, but not including hospitals, sanitariums, clinics, drug treatment centers, rehabilitation centers, or residential counseling or treatment centers, nursing homes or bed and breakfasts. Live -work means a space within buildings that is used jointly for nonresidential and residential purposes where the residential square footage is less than the square footage used primary as a place of work. Mixed -use building means a single building containing at least two types of land use or a single development of more than one building and use, where the different types of land uses are adjacent, planned as a unified, comprehensive whole and functionally integrated to the use of shared vehicular and pedestrian access and parking. Museum means a building serving as a repository for a collection of natural, scientific, or literary objects of interest or works of art, and arranged, intended and designed to be used by the public for viewing, with or without an admission charge. The term includes an accessory use of the sale of goods to the public. Personal service building means a building in which intellectual or manual work is performed by a service provider in serving a customer, which services may include hairdressing, barbers, day spas, and shoe repair. This term shall not include tattoo or piercing parlors. Place of assembly means a building or a portion of a building in which facilities are provided for civic, educational, religious, deliberation or social purposes. Such facilities include theaters, performing arts centers, lecture halls, places of worship, dance halls, lodges, exhibit rooms, banquet facilities and other facilities classified as Assembly Group A -1, A -2, A -3, A-4 or A -5 under the building code adopted in section 18 -91 of this code. Plazas means open spaces, usually paved and totally surrounded by buildings, designed to serve the recreation, natural space, and aesthetic use of the public. Primary street means a street located within an ACE district and identified on the official zoning map as a primary street. ilia Restaurant means an establishment where the principal business is the sale of food in a ready -to- consume state. Retail means an establishment engaged in the sale or rental of goods, merchandise or services, but excluding eating and drinking places and warehousing or wholesale uses. Section 5: That Chapter 130 "Zoning," Article VII "Supplementary District Regulations," Division 4 "Special Use Permits," Section 130 -612 "Application," Subsection (a) 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 4. SPECIAL USE PERMITS Sec. 130 -612. Application. (a) All applications for a special use permit 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, and 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; 11 (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. Section 6: 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 tile 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 7. If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the ordinance or tile 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 tile 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 8: 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 oftiot 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, tile city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 9: This ordinance shall take effect thorn and alter ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing tile caption of this ordinance to be published in the official newspap , of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, AND PASSED by the afft vote of the City Council of Baytown, ytown this the 24"' day o March, 2011. 7!� Z/ A" S1 13'R 9' ,,City Clerk APPROVED AS TO FORM: 4.ACI�O)FRAMIRE Sr Z, ., Ci Attorney � Sr H. DONCARLOS, Mayor CouncilOrdinwicvsl,101 I 'Maich 24'�A(J` District Clean Revised Ckan.doc 12