Ordinance No. 14,380ORDINANCE NO. 14,380
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II
"USE DISTRICTS" DIVISION 2 "ZONING DISTRICTS," SECTION 2.082 "SAN
JACINTO OVERLAY DISTRICT," SUBSECTION (E) "DEFINITIONS" AND
SUBSECTION (F) "NON-RESIDENTIAL USES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD THE DEFINITION OF "SMALL BOX DISCOUNT
RETAIL" AND (F) "NON-RESIDENTIAL USES," SUBSECTION (1) "PROHIBITED
USES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD THE
DEFINITION OF "SMALL BOX DISCOUNT RETAIL" AND TO PROHIBIT SMALL
BOX DISCOUNT RETAIL WITHIN THE SAN JACINTO OVERLAY DISTRICT;
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE
IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY
RL'VISING THE DEFINITIONS OF 'BIG BOX," "GENERAL RETAIL," "GROCERY
OR DRUG STORE," AND "RETAIL"; PROVIDING 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 EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Appendix A "Unified Land Development Code," Article II "Use Districts,"
Division 2 "Zoning Districts," Section 2.082 "San Jacinto overlay district," Subsection (e) "Definitions"
of the Code of Ordinances, Baytown, Texas, is hereby amended to add the definition of "small box
discount retail," which definition shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT COME
ARTICLE II. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.082. San Jacinto overlay district.
(e) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
(14) Small box discount retail means a single retail establishment consisting of 12,000 square
feet or less of gross floor area, offering for sale an assortment of discounted general
merchandise directly to the consumer. Such merchandise may include, but not be limited
to, food and beverage for off -premises consumption, processed foods, household
products, personal grooming and health products, clothing, and other consumer goods.
This term does not include a retail establishment providing a prescription pharmacy,
gasoline or diesel fuel, specialty gifts or food and beverage items intended for on -
premises consumption.
Section 2: That Appendix A "Unified Land Development Code," Article II "Use Districts"
Division 2 "Zoning Districts," Section 2.082 "San Jacinto overlay district," Subsection (0 "Non-
residential uses," Subsection (1) "Prohibited uses" of the Code of Ordinances, Baytown, Texas, is hereby
amended to add subsection (q) which subsection shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.082. San Jacinto overlay district.
(f) Non-residential uses. Unless otherwise stated, this section only applies to the uses that are
permitted (P) and/or permitted with conditions (PC) within the land use table for ACE, NSC, GC,
and LC zoning districts. Such uses shall be subject to section 2.10 "land use conditions" and the
additional regulations within the overlay table. Where there are conflicts, the requirements of this
section shall prevail.
(1) Prohibited uses. Prohibited uses pertain to both primary and accessory uses. Any of the
following land uses shall not occur unless it is approved by city council as part of a
planned unit development (PUD):
q. Small box discount retail.
Section 3: That Appendix A "Unified Land Development Code," Article IV "Definitions" of
the Code of Ordinances, Baytown, Texas, is hereby amended by amending the definitions of 'Big box,"
"General retail," "Grocery or drug store," and "Retail," which definitions shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE IV. DEFINITIONS
The following words, terms and phrases, when used in this ULDC, shall have the meanings
ascribed to them in this article, except where the context clearly indicates a different meaning.
Big box means a single retail establishment consisting of 35,000 square feet or more of gross
floor area, requiring high parking -to -building ratios, and having a regional sales market. The single retail
establishment may include internal leased space for coffee shops, banking, photography, limited service
food and other similar personal services.
General retail means the sale of goods and/or services directly to the consumer where such goods
are available for immediate purchase.
Grocery or drug store means a single retail 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, and includes any such premises which may be described as a
warehouse store, discount warehouse, or factory outlet, or a warehouse or wholesale club whose
membership is open to other than institutions, government agencies and businesses. A minimum of 50
percent of the sales floor area is devoted to food items including, but not limited to, fresh produce, fresh
meats, fresh dairy products, and packaged foods; and general merchandise is incidental.
Retail means the activity of offering to sell or rent, or to sell or rent merchandise to a consumer
who buys or rents the merchandise as the ultimate consumer or end user, being the last person in the chain
of distribution, for personal consumption or use and not for further sale or rent. This term includes
"general retail," "big box," "small discount box," and "grocery stores."
Section 4: 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 not exceeding 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, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 5: 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. In all other respects, this ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 6: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances shall for any
reason be held unconstitutional, void, or invalid, such invalidity shall not affect 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 7: This ordinance shall take 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 vote of the City Council of the City of
Baytown, this the 141h day of May, 2020.
NDON CAPETILLO, M or
ATTEST:
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LEfICtA BRYSCH, City rk
APPROVED AS TO FORM:
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KAREN L. HORNER, First City Attorney
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