Ordinance No. 14,381ORDINANCE NO. 14,381
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II
"USE DISTRICTS" DIVISION 3 "LAND USE TABLES AND CONDITIONS,"
SECTION 2.09 "LAND USE TABLES," TABLE 2-2 "NON-RESIDENTIAL USES" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY REMOVING "GAS
STATION' AND ADDING "TRAVEL CENTER," "VEHICLE FUELING STATION'
AND "VEHICLE FUELING STATION MINIMART"; AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS"
DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND
USE CONDITIONS," SUBSECTION A "NON-RESIDENTIAL CATEGORIES" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY RENAMING AND
REVISING CONDITION NOS. 14 "GAS STATION MINIMART," 15 "GAS
STATION," AND 16 "GAS STATION' AND ADDING A NEW USE TO THE
CONDITIONS TABLE TO BE NUMBERED AND ENTITLED CONDITION NO. 60
"TRAVEL CENTER" AND AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE IV "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, BY REPEALING THE DEFINITIONS OF
"GAS STATION," "GAS STATION MINIMART," AND "GAS STATION MINIMART
WITH LIMITED FOOD PREPARATION," REVISING THE DEFINITION OF
"TRUCK STOP" AND ADDING A DEFINITION FOR "TRAVEL CENTER";
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 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table 2-2 "Non-residential
uses" of the Code of Ordinances, Baytown, Texas, is hereby amended by removing "Gas station" and
adding "Travel center," "Vehicle fueling station" and "Vehicle fueling station minimart" which table shall
be read in part as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
Table 2-2. Non-residential uses.
Travel center PC P P A60
Vehicle fueling station P P P P P A16
Vehicle fueling station minimart P PC P p p A14, A15,
A16
Section 2: That Appendix A "Unified Land Development Code," Article II "Use Districts"
Division 3 "Land Use Tables and Conditions," Section 2.10 "Land Use Conditions," Subsection A "Non-
residential categories" of the Code of Ordinances, Baytown, Texas, is hereby amended by renaming and
revising Condition Nos. 14 "Gas station minimart," 15 "Gas station," and 16 "Gas station" and adding a
new use to the conditions table to be numbered and entitled Condition No. 60 "Travel center," which
conditions shall read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.10 Land use conditions.
This section sets forth the conditions associated with identified land uses in section 2.05. The
conditions expressed in the use table are cumulative of applicable conditions contained elsewhere in the
Code.
(a) Vehicle fueling station minimart shall not exceed 8,000
square feet in building size.
(b) Gas station minimart is allowed only if located on a
14
Vehicle fueling
All, where
freeway, an arterial street or on a collector street at its
station minimart
permitted
intersection with an arterial street.
(c) Vehicle fueling station minimart must provide opaque
screening adjacent to any residential dwelling or property
zoned for residential use.
(a) Vehicle fueling station minimart shall not exceed 5,000
square feet in building size.
(b) Vehicle fueling station minimart shall not have a drive
Vehicle fueling
15
station minimart
NSC
through for food service in NSC.
(c) Vehicle fueling station minimart is allowed only if located
on (i) an arterial street, (ii) a collector street, or (iii) a local
street intersecting a street of higher classification.
16
Vehicle fueling
All, where
Vehicle fueling stations must provide opaque screening adjacent
station
2ermitted
to any residential dwelling or property zoned for residential use.
E
(a) Only permitted on sites within a 1,500-foot radius of the
centerlines of the following intersections: Interstate
Highway 10 (IH 10) and South Main Street (near
Highlands); the Grand Parkway (SH 99) east of Tri City
Beach Road; and the Grand Parkway (SH 99) west of State
Highway Business 146 (SH 146 BS).
(b) Sites shall have no less than 100 feet of frontage and be no
less than 5 acres in size.
60
Travel center
GC
(c) Commercial vehicle parking spaces shall be limited to 8
spaces, with a maximum of 8 commercial diesel fueling
positions.
(d) Fueling areas for domestic vehicles and fueling areas for
commercial vehicles must be separated.
(e) Travel centers must provide opaque screening adjacent to
any residential dwelling or property zoned for residential
use.
(f) Travel centers shall be 8,000 square feet or more in
building size.
Section 3: That Appendix A "Unified Land Development Code," Article IV "Definitions" of
the Code of Ordinances, Baytown, Texas, is hereby amended by repealing the definitions of "gas station,"
"gas station minimart," and "gas station minimart with limited food preparation," revising the definition
of "truck stop" and adding a definition for "travel center," which definitions shall read as follows:
APPENDIX A. UNIFIE❑ 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.
Travel center means a facility associated with the refueling of domestic and commercial vehicles,
including the retail sale of food and beverages, limited service restaurants, and general merchandise. A
travel center does not include a truck stop or a facility associated with commercial vehicle washing and/or
repairs of any vehicle type, showering, laundry, temporary sleeping, and/or overnight parking. This use
may also be referred to as a travel plaza.
Truck stop means a facility primarily for parking, refueling, washing and/or minor repair of
commercial vehicles, and may include retail sales of food, beverages, and/or other items, full -service
restaurant(s), restroom/shower facilities, and/or temporary sleeping quarters. This use may also be
referred to as transport stop or truck serviceffilling station; however, a truck stop does not include a travel
center.
Vehicle fueling station means a site used for the retail sale of vehicle fuels and oils for domestic
vehicles, pre -packaged food items, and limited merchandise. A vehicle fueling station is meant to include
fueling for vehicles that use alternative fuels or a combination of conventional and alternative fuels. This
use may also be referred to as gas station, service station, filling station, or petrol station.
Vehicle fueling station minimart means a facility associated with the sale of vehicle fuels for
domestic vehicles that also offers for sale food items and general merchandise. Hot beverages, fountain -
type beverages, and food, prepackaged or prepared on -site, may be included in the food items for sale.
The facility may be associated with another use but may not include automobile repair or service of any
kind, or any services for commercial vehicles. A vehicle fueling station minimart is meant to include
fueling for vehicles that use alternative fuels or a combination of conventional and alternative fuels. This
use may also be referred to as gas/servicefilling Petro station with: convenience store, corner store, food
mart, or bodega.
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 NOi 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.
DON CAPETIL O, Ma or
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APPROVED AS TO FORM: N*% °
KAREN L. HORNER, Interim City Attorney
RAKaren',FileslCity Council Ordinances\2020\May 141TravelCenters.docx