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HomeMy WebLinkAbout08027 ORD - 05/25/1966AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 61o6, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 29TH DAY OF MARCH, 1961, BY AMENDING, ADDING TO, DELETING AND MODIFYING SAID ZONING ORDINANCE AS HEREINAFTER SET FORTH AND REPEALING ALL ORDINANCES IN O[ICT HEREWITH. WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING CERTAIN AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE A JOINT PUBLIC HEARING OF THE ZONING AND PLANNING COMMISSION AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON MARCH 23, 1966, AT SPECIAL COUNCIL MEETING OF THE CITY COUNCIL IN THE CITY COUNCIL CHAMBER OF THE CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENTS WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND THE GENERAL WELFARE OF THE CITY AND ITS CITIZENS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE No. 6106, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 29TH DAY OF MARCH, 1961, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGES HEREINAFTER SET OUT. 8027 SECTION 2. THAT THERE IS HEREBY ADOPTED A NEW SECTION TO BE DESIGNATED AS SECTION 3- 1.06.1, WHICH NEW SECTION WILL DEFINE THE TERM "BILLBOARD", AND READ AS FOLLOWS: °3- 1.06.1 BILLBOARD. AN OUTDOOR ADVERTISING STRUCTURE WHICH ADVERTISES A USE, PRODUCTS OR SERVICE NOT NECESSARILY FOUND ON THE PREMISES.° SECTION 3. THAT SECTION 3 -1.55 BE AND THE SAME IS HEREBY AMENDED BY ADDING THE FOLLOWING SENTENCE: °A SIGN SHALL INCLUDE ALL TYPES OF MOBILE SIGNS IN ALL CASES WHERE THE PRINCIPAL USE OF THE VEHICLE, TRAILER OR MOBILE STRUCTURE CONTAINING OR SUPPORTING SUCH SIGN IS FOR THE PURPOSE OF ADVERTISING." SECTION 4. THAT SUBSECTION (7) OF SECTION 11 -2 BE AND THE SAME 1S HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: °(7) BUSINESS AND PROFESSIONAL OFFICES AND OFFICE BUILDINGS; PROVIDED, HOWEVER, THAT THERE SHALL BE NO ADVERTISING SIGN OR DEVICE ON THE LOT, ON THE BUILDING OR IN OR ON ANY OF THE EXTERIOR DOORS OR WINDOWS OF THE BUILDING EXCEPT THAT THERE SHALL BE PERMITTED ONE NON ■ILLUMINATED OR BACK LIGHTED SIGN IDENTIFYING THE BUILDING AND NOT EXTENDING ABOVE THE HEIGHT OF THE BUILDING AS DEFINED IN ARTICLE 3, SUBSECTION 3 -1.31, AND NOT TO EXCEED TWENTY (20) SQUARE FEET IN AREA; IN ADDITION, THERE SHALL BE PERMITTED ONE (1) NON - ILLUMINATED SIGN OR NAME PLATE NOT TO EXCEED ONE (1) SQUARE FOOT IN DIS- PLAY SURFACE FOR EACH OFFICE OR PROFESSIONAL PERSON OCCUPYING THE BUILDING; NO BUILDING MAY BE CONSTRUCTED WITH, OR ALTERED TO PRODUCE A STORE FRONT, SHOW WINDOW OR DISPLAY WINDOW; THERE SHALL BE NO DISPLAY FROM WINDOWS OR DOORS AND NO STORAGE OR MERCHANDISE IN THE BUILDING OR ON THE PREMISES; THERE SHALL BE NO MACHINERY OR EQUIPMENT, OTHER THAN MACHINERY OR EQUIPMENT CUSTOM- ARILY FOUND IN PROFESSIONAL OR BUSINESS OFFICES, USED OR STORED IN THE BUILDING OR ON THE LOT." SECTION 5. THAT SECTION 15 -1 BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: -2- 4 "SECTION 15-1 THE REGULATIONS SET FORTH IN THIS ARTICLE, OR SET FORTH ELSEWHERE IN THIS ORDINANCE WHEN REFERRED TO IN THIS ARTICLE, ARE THE REGULATIONS IN THE 'B-3' SHOPPING CENTER DISTRICT. THE PURPOSE OF THIS DISTRICT IS TO PROVIDE FOR ATTRACTIVE AND EFFICIENT RETAIL SHOPPING FACILITIES OF INTEGRATED DESIGN IN APPROPRIATE LOCATIONS TO SERVE RESIDENTIAL NEIGHBORHOODS. IT IS INTENDED THAT THE DISTRICT SHALL BE LAID OUT AND DEVELOPED AS A UNIT ACCORDING TO A GENERALIZED SITE PLAN." (GENERAL PLAN.) SECTION 6. THAT SECTION 15-2 BE AN THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 15 -2 USE REGULATIONS. A BUILDING OR PREMISES MAY BE USED ONLY FOR THE FOLLOWING PURPOSES: (1) RETAIL SALE OF MERCHANDISE, SERVICES, OFFICES, PARKING AREAS AND OTHER FACILITIES AS SET FORTH AND DESCRIBED IN THIS SECTION AND ORDINARILY ACCEPTED AS SHOPPING CENTER USES. (2) DELETED." SECTION 7. THAT SECTION 15 -3 BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 15-S OWNERSHIP CONTROL. IN ORDER THAT THE PURPOSE OF THIS DISTRICT SHALL BE REALIZED, THE LAND AND THE BUILDINGS AND APPURTENANT FACILITIES SHALL BE IN A SINGLE OWNERSHIP, OR UNDER MANAGEMENT OR SUPER- VISION OF A CENTRAL AUTHORITY, OR THEY SHALL BE SUBJECT TO SUCH OTHER SUPERVISORY LEASE OR OWNERSHIP CONTROL AS MAY BE NECESSARY TO CARRY OUT THE PRO- VISIONS OF THIS ORDINANCE RELATING TO I13-3' SHOPPING CENTER DISTRICTS." SECTION 8. THAT SECTION 15 -4 BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 15 -4+ PROCEDURE. THE OWNER OR OWNERS OF ANY TRACT OF LAND COMPRISING AN AREA OF NOT LESS THAN TWO ACRES MAY SUBMIT A SITE PLAN FOR THE USE AND DEVELOPMENT OF ALL OR PART OF THE TRACT FOR THE PURPOSES OF, AND MEETING THE REQUIREMENTS SET FORTH IN THIS ARTICLE, AS A SEPARATE PROPOSAL OR AS A PART OF A COMMUNITY UNIT PLAN AS SET FORTH IN ARTICLE 28. PUBLIC HEARINGS SHALL BE HELD IN ACCORDANCE WITH PROCEDURES IN ARTICLE 30." SECTION 9. THAT SECTION 15 -5 BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 15 -5 GENERALIZED SITE PLAN. THE PLAN FOR THE SHOPPING CENTER SHALL SHOW THE REQUIREMENTS SET FORTH IN THIS ARTICLE; THE SHOPPING CENTER SHALL BE DEVELOPED ACCORDING TO THESE REQUIREMENTS. THE GENERALIZED SITE PLAN SHALL: 15 -5.01 SHOW THE BOUNDARIES OF THE ENTIRE TRACT TO BE DEVELOPED AND WIDTH OF RIGHT OF WAY AND PAVEMENT OF EXISTING STREETS. - 3- 15 -5.02 PRESENT A WELL DESIGNED RELATIONSHIP OF PARKING ACCESS TO BUILDING AREAS AND THE VEHICULAR ACCESS AND CIRCULATION. 15-5,2a SHOW A DESIRABLE RELATIONSHIP OF THE SHOPPING CENTER TO THE SURROUNDING RESIDENTIAL AREAS SO AS TO MINIMIZE POSSIBLE ADVERSITIES. 15 -5.011 PROVIDE FOR ADVERTISING SIGNS BY: (A) PERMITTING ONE PYLON TYPE SIGN IN ACCORDANCE WITH GENERALIZED SITE PLAN. (B) REQUIRING THE DEVELOPER OR OWNER OF THE SHOPPING CENTER TO PREPARE SIGN CONTROL REGULATIONS FOR COMMISSION APPROVAL THAT WOULD PERMIT IDENTIFICA- TION OF INDIVIDUAL STORES AND WITH WHICH EACH STORE MUST COMPLY. THE CONTROL REGULATIONS SHALL SPECIFICALLY PROVIDE THAT THE CITY MAY ENFORCE SAID REGULATIONS.' 15 -5.25. AND 15 -5.06 SHALL REMAIN IN EFFECT AS NOW PROVIDED. SECTION 10. THAT SECTION 15 -6 BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: 'SECTION 15 -6 UNIFIED SHOPPING CENTER. THE SHOPPING CENTER BUILDINGS SHALL BE DESIGNED AND BUILT AS A WHOLE, UNIFIED AND SINGLE PROJECT BUT MAY, HOWEVER, BE BUILT IN STAGES IN ACCORDANCE WITH A SUBMITTED CONSTRUCTION TIMING SCHEDULE." SECTION 11. THAT SECTION 15 -7 BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 15 -7 SPECIFIC REQUIREMENTS BY THE COMMISSION. THE COMMISSION MAY MAKE REASONABLE SPECIFIC RECOMMENDA- TIONS AS TO UTILITIES, DRAINAGE, LANDSCAPING, LIGHT - ING, SCREENING, ACCESS WAYS, CURB CUTS, TRAFFIC CONTROL, HEIGHT OF BUILDINGS AND SETBACK OF BUILDING TO PROTECT ADJOINING RESIDENTIALLY ZONED LOTS OR RESIDENTIAL USES. SAID ADDITIONAL RECOMMENDATIONS, IF ANY, SHALL BE FORWARDED TO THE CITY COUNCIL." SECTION 12. THAT SUBSECTION (10) OF SECTION 16 -2 BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "(10) OUTDOOR ADVERTISING STRUCTURES PERTAINING ONLY TO THE USE CONDUCTED WITHIN THE BUILDING. IF THE FREE - STANDING SIGN 1S LOCATED WITHIN THE MINIMUM DEPTH OF THE FRONT YARD AS DEFINED IN ARTICLE 2Y, SUCH SIGN SHALL NOT EXCEED FORTY (110 ) SQUARE FEET; SHALL NOT OVERHANG OR PROJECT INTO THE PUBLIC RIGHT OF WAY; AND SHALL NOT EXCEED A HEIGHT OF TWENTY -FIVE (25) FEET." SECTION 13. THAT SECTION 21 -2 BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS AS RELATES TO UNCLASSIFIED USES,AS PERTAINS TO AUTOMOBILE WRECKING, CARS AND PARTS, STORAGE AND SALE: "UNCLASSIFIED USES. AUTOMOBILE WRECKING, CARS AND PARTS, STORAGE AND SALE, PROVIDED THE FOLLOWING REQUIREMENTS ARE MET: (1) THE AREA MUST BE SUFFICIENTLY WELL SCREENED 50 AS TO BLOCK FROM PUBLIC VIEW THE WRECKED CARS AND PARTS EITHER STORED OR TO BE STORED THEREON; (2) THERE MUST BE NO ADVERTISING BY THE PUBLIC DIS- PLAY OF WRECKED CARS OR PARTS; AND (3) THE OCCUPANT OF SUCH AREA MUST COMPLY WITH ALL LAWS, ORDINANCES AND REGULATIONS HAVING TO DO WITH HEALTH, WELFARE AND SAFETY. THE SCREENING REQUIREMENT MUST BE MET BY THE LOCATION AND MAINTENANCE OF A FENCE, SHRUBBERY OR ANY REASONABLE SUBSTITUTE. HOWEVER WHERE ANY PART OF SUCH AREA IS ALREADY ADEQUATELY BLOCKED FROM THE VIEW OF THE GENERAL PUBLIC AS A RESULT OF THE SURROUNDING TERRAIN, NEIGH- BORING INDUSTRIAL USE OR USES OR ANY OTHER CONDITION, NO ADDITIONAL SCREENING SHALL BE REQUIRED FOR SUCH PART SO LONG AS SUCH CONDITION SHALL CONTINUE TO SERVE SAID PURPOSE. NO ADVERTISING SHALL BE ALLOWED ON SAID SCREEN- ING FENCES." SECTION 14. THAT SUBSECTION (10) OF SECTION 25 -45 BE AND THE SAME IS HEREBYAMENDED TO HEREAFTER READ AS FOLLOWS: "(10) PERMANENT OR TEMPORARY TRAILER PARK OR MOBILE HOMES COURT; OR INDIVIDUAL TRAILER HOUSE OR MOBILE HOME ON A SINGLE LOT ON A TEMPORARY BASIS ONLY FOR A PERIOD OF NOT MORE THAN TWO (2) YEARS." SECTION 15. THAT SECTION 25 -6 BE AND THE SAME IS HEREBY REPEALED. 11�� SECTION 16. THAT PARAGRAPH C OF SUBSECTION (12) OF SECTION 25 -4 BE AND THE SAME IS HEREBY AMENDED BY ADDING THERETO THE FOLLOWING SENTENCE: "WHENEVER ANY MOTION OR VOTE ON A PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE UNDER THIS SUBSECTION HAS FAILED TO RECEIVE A SUFFICIENT AFFIRMATIVE VOTE TO BE EFFECTIVE, UNLESS SOME OTHER ACTION IS TAKEN BY THE COUNCIL AT SAID MEETING OF THE COUNCIL WHICH HAS A SUFFICIENT AFFIRMATIVE VOTE TO BE EFFECTIVE, THE PROPOSED CHANGE IN ZONING OR GRANT OF A SPECIAL PERMIT SHALL BE DEEMED DENIED." SECTION 17. THAT SECTION 27- 3.01.02 BE AND THE SAME IS HEREBY AMENDED BH DELETING THE WORD "WINDOW" IN THE EXISTING PHRASE "WINDOW AIR CONDITIONING UNITS." SECTION 18. THAT SECTION 30 -4.1 BE AND THE SAME IS HEREBY AMENDED BY ADDING THERETO A SENTENCE READING AS FOLLOWS: -5- "IN THE EVENT THE CITY COUNCIL SHALL FAIL TO ACT WITHIN SAID FORTY -FIVE (4+5) DAYS, SUCH PROPOSED AMENDMENTS SUPPLEMENT, CHANGE OR SPECIAL PERMIT SHALL BE DEEMED IN ALL THINGS DENIED." SECTION 19. THAT ALL ORDINANCES OR PARTS OF THE ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. THAT THE FOREGOING ORDINANCE WAS READ FOR THE PASSED TO ITS SECOND READING ON THIS THE // DAY OF 19 66 , BY THE FOLLOWING VOTE: TO BY DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THAT THE FOREGOING ORDINANCE WAS READ ITS THIRD READING ON THIS THE /7 DAY OF THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE FIRST TIME AND FOR THE SECOND TIME AND PASSED , 1966 , THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE o; ' c- DAY OF n? , 19 , t, , BY THE FOLLOWING VOTE: a ATTEST: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE PASSED AND APPROVED, THIS THE ,7O-- DAY OF , 19a . CITY SECRET APPROVED AS TO LEGAL FORM THIS ,2,5"—DAY OF --, • / / CITY ATTORNE �� % LiLC�✓tc.6ti� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 1, STATE OF TEXAS, js.: County of Nueces. PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came. ......... ....... who being first duly sworn, according to law, says that he is the ......alaztaitiarl_litizertisizg_Idenegezt of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of riimr.--Notioe ot Paasstas. of an Or dine No 8,722.appzUng.....agiauged Jur --crerfatiririaThiacTiiiing Eira zoning ordiniiii-oe-- of which the annexed is a true copy, was published in on the.._?§.... day of Na.r 19 6.6,4wavammax ...... ....... ..... .Times. 5.85 .... 4110 afil #4 .• — Subscribed and sworn to before me this— ..... ......... da a a • ivertising Reneger Louis e Triok 'Tune 19 6.6_ .20111bERMUISIecilit 6tary ......... NueceiComili,Yeicas