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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.
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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
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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.
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(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.
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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;
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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.
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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
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