HomeMy WebLinkAbout09062 ORD - 10/09/1968AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS
CHRIST] 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
N0. 61o6, PASSED AND APPROVED ON THE 29TH DAY OF MARCH,
1961, BY AMENDING SECTION 3 -1.16 SO AS TO DEFINE "COURT ";
AMENDING SECTION 27 -3.01 SO AS TO PROVIDE DISTANCES
BETWEEN BUILDINGS; AMENDING ARTICLE 22 BY AMENDING THE
TABLE IN SECTION 22 -1 AS TO "R -2" AND "A -1 "; AMENDING
ARTICLE 214 BY AMENDING LINES 10, 11 AND 12 IN THE COLUMN
ENTITLED "MAXIMUM FLOOR -LOT PATIO "; AMENDING SECTION
10 -5.01 BY ADDING THE PROVISION THAT 50�,' LAND COVERAGE
SHALL APPLY TO ONE, TWO AND THREE -STORY BUILDINGS;
AMENDING SECTION 11 -5.01 BY ADDING THE PROVISION THAT
50% LAND COVERAGE SHALL APPLY TO ONE, TWO AND THREE -
STORY BUILDINGS; AMENDING SECTION 3 -1.36 BY AMENDING THE
DEFINITION OF "HOME OCCUPATION "; AMENDING ARTICLE 26 BY
DELETING SECTION 26 -3 AND SECTION 26 -8 AND SUBSTITUTING
A NEW SECTION 26 -3; ADDING A NEW SECTION TO ARTICLE 30,
TO BE NUMBERED SECTION 30 -7, TO PROVIDE TIME LIMIT FOR
FINAL COUNCIL ACTION; AMENDING SECTION 33 -3.01 SO AS
TO INCREASE THE AMOUNT OF FILING FEE WHEN APPEALING TO
BOARD OF ADJUSTMENT; MIENDING SECTION 33 -3.02 SO AS TO
REQUIRE PAYMEIff OF $80 INSTEAD OF $40 WHEN APPLYING
FOR ZONING CHANGES; REPEALING ALL ORDINANCES IN CONFLICT
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
THE CITY OF CORPUS CHRISTI CITY COUNCIL, IN ACCORDANCE WITH PROPER NOTICE
TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON AUGUST 12, 1968,
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:
9062
SECTION I. 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 15 HEREBY, AMENDED BY MAKING THE CHANGES
HEREINAFTER SET OUT.
SECTION 2. THAT SECTION 3 -1.16 OF THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI, TEXAS, BED AND THE SAME IS HEREBY, AMENDED TO
HEREAFTER READ AS FOLLOWS:
"3 -1.16 COURT. AN OPEN SPACE AROUND WHICH IS ARRANGED A
SINGLE BUILDING OR A GROUP OF RELATED BUILDINGS FACING THEREON."
SECTION 3. THAT SECTION 27- 3.01.03 OF THE ZONING ORDINANCE
OF THE CITY OF CORPUS CHRISTI TEXAS, BE, AND THE SAME IS HEREBY AMENDED
SO AS TO HEREAFTER READ AS FOLLOWS:
"SECTION 27-3-01-03 IN THE EVENT THAT A LOT IS TO BE OCCUPIED
BY A GROUP OF TWO OR MORE RELATED BUILDINGS TO BE USED FOR RESIDENTIAL,
INSTITUTIONAL HOTEL OR MOTEL PURPOSES THERE MAY BE MORE THAN ONE
MAIN BUILDING ON THE LOT WHEN SUCH BUILDINGS ARE ARRANGED AROUND A
COURT OR COURTS; PROVIDED, HOWEVER THAT ANY SUCH COURT BETWEEN BUILD-
INGS SHALL HAVE AN AVERAGE WIDTH OF AT LEAST 30 FEET FOR ONE -STORY
BUILDINGS AT LEAST 4O FEET FOR TWO -STORY BUILDINGS; AND AT LEAST
50 FEET FOR THREE -STORY BUILDINGS. IN NO CASE MAY ANY BUILDING BE
CLOSER AT ANY POINT THAN 15 FEET TO ANOTHER BUILDING; PROVIDED FURTHER,
THAT EACH BUILDING SHALL BE DIRECTLY ACCESSIBLE FROM A PUBLIC STREET OR
FROM AN UNOBSTRUCTED FIRE LANE, AT LEAST 20 FEET IN WIDTH, CLEARLY
SHOWN AND SO DESIGNATED AS A FIRE LANE ON A SITE PLAN."
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SECTION 4. THAT SECTION 22 -1, ARTICLE 22, OF THE ZONING ORDINANCE
OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY AMENDED BY
AMENDING THE TABLES COLUMN,4, PERTAINING TO "R -2" ZONING DISTRICTS, AS
FOLLOWS:
"ONE AND ONE -HALF PER ONE BEDROOM DWELLING UNIT; TWO FOR
ALL DWELLING UNITS OVER ONE BEDROOM."
SECTION 5. THAT SECTION 22 -1, ARTICLE 22, OF THE ZONING ORDINANCE
OF THE CITY OF CORPUS CHRISTI, TEXAS BED AND THE SAME IS HEREBY AMENDED BY
AMENDING THE TABLE, COLUMN 3, PERTAINING TO °A -1" ZONING DISTRICTS, TO
HEREAFTER READ, "ALL DISTRICTS", AND COLUMN 4, TO HEREAFTER READ AS
,
FOLLOWS:
"ONE AND ONE -HALF PER ONE BEDROOM DWELLING UNIT; TWO FOR
ALL DWELLING UNITS OVLR ONE BEDROOM." .
SECTION 6. THAT ARTICLE 24 OF THE ZONING ORDINANCE OF THE CITY
OF CORPUS CHRISTI, TEXAS, BED AND THE SAME IS HEREBY AMENDED BY AMENDING
LINES 10, 11 AND 12 IN THE COLUMN ENTITLED "MAXIMUM FLOOR -LOT RATIO" BY
ADDING THE WORDS "50% LAND COVERAGE."
SECTION 7. THAT SECTION 10 -5.01 OF THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY AMENDED BY
ADDING THE WORDS, 'THE 50% LAND COVERAGE SHALL APPLY TO ONE, TWO AND
THREE -STORY BUILDINGS."
SECTION S. THAT SECTION 11 -5.01 OF THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI, TEXAS, BED AND THE SAME IS HEREBY AMENDED BY
ADDING THE WORDS, "THE 50% LAND COVERAGE SHALL APPLY TO ONE, TWO AND
THREE -STORY BUILDINGS."
SECTION 9. THAT SECTION 3 -1.36 OF THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI, TEXAS BE, AND THE SAME IS HEREBY AMENDED BY
AMENDING THE DEFINITION OF "HOME OCCUPATION ", SAID SECTION 3 -1.36 TO
HEREAFTER READ AS FOLLOWS:
"SECTION 3 -1.36 HOME OCCUPATION. ANY OCCUPATION OR ACTIVITY WHICH
IS CLEARLY INCIDENTAL AND SECONDARY TO THE USE OF THE PREMISES FOR DWELLING
PURPOSES AND WHICH IS CARRIED ON WHOLLY WITHIN A MAIN BUILDING BY A MEMBER
OF A FAMILY RESIDING ON THE PREMISES IN CONNECTION WITH WHICH THERE IS NO
ADVERTISING OTHER THAN AN IDENTIFICATION SIGN OF NOT MORE THAN ONE SQUARE
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FOOT IN AREA PLACED FLAT AGAINST THE BUILDING, AND NO OTHER DISPLAY OR
STORAGE OF MATERIALS OR GENERATION OF SUBSTANTIAL VOLUMES OF VEHICULAR OR
PEDESTRIAN TRAFFIC OR PARKING DEMAND OR OTHER EXTERIOR INDICATION OF THE
HOME OCCUPATION OR VARIATION FROM THE RESIDENTIAL CHARACTER OF THE BUILDING;
AND IN CONNECTION WITH WHICH NOT MORE THAN ONE PERSON OUTSIDE THE FAMILY
IS EMPLOYED AND NO EQUIPMENT USED WHICH CREATES NOISE, VIBRATION, SMOKE,
DUSTS ODORS, HEAT OR GLARE, ANY OF WHICH IS OFFENSIVE TO PERSONS OF
ORDINARY SENSIBILITY IN THE NEIGHBORHOOD. WHEN WITHIN THE ABOVE REQUIRE -
MENTSj A HOME OCCUPATION INCLUDES THE FOLLOWING: (A) ART STUDIO;
(B) DRESSMAKING; (C) PROFESSIONAL OFFICE OF A DOCTOR, PHYSICIAN, DENTIST,
LAWYER, ENGINEER, ARCHITECTS ACCOUNTANTS SALESMAN, REAL ESTATE AGENT
INSURANCE AGENT; (D) TEACHING WITH MUSICAL INSTRUCTION LIMITED TO ONE OR
TWO PUPILS AT A TIME; HOWEVER, A HOME OCCUPATION SHALL NOT BE INTERPRETED
TO INCLUDE BARBER SHOPS) BEAUTY PARLORS, RESTAURANTS OR THE CONDUCT OF A
BUSINESS INVOLVING RETAIL SALES, BUT IS INTENDED TO INCLUDE ONLY THOSE PER-
SONAL SERVICES WHICH ARE SUBORDINATE TO THE USE OF THE PREMISES AS A DWELLING."
SECTION 10. THAT ARTICLE 26 OF THE ZONING ORDINANCE OF THE CITY
OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY AMENDED BY DELETING
SECTION 26 -3 AND SECTION 26 -8, AND SUBSTITUTING A NEW SECTION 26 -3, READING
AS FOLLOWS:
"SECTION 26 -3 TERMINATION OF NONCONFORMING USE. ANY USE
OF A BUILDING OR LAND WHICH WAS A LEGAL CONFORMING USE PRIOR TO THE DATE
OF PASSAGE OF ANY AMENDMENT TO THE ZONING ORDINANCE AND WHICH IS NOT
THEREAFTER IN CONFORMITY SHALL BE TREATED AS A PERMISSIBLE NONCONFORMING
USE AFTER THE DATE OF THE PASSAGE OF THE AMENDMENT. IN THEEVENT THE USE
CEASES TO EXIST OR IS ABANDONED FOR A PERIOD OF ONE YEAR, THE PROPERTY
SHALL LOSE ITS CLASSIFICATION AS A NONCONFORMING USE AND SHALL BE DEEMED,.
IN VIOLATION OF THIS ORDINANCE OR IF CONDITIONS SET FORTH IN SECTION 26 -4
SHALL OCCUR."
SECTION 11. THAT ARTICLE 30 OF THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY AMENDED BY
ADDING A NEW SECTION, TO BE DESIGNATED AS SECTION 30-7, READING AS FOLLOWS:
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"SECTION 30 -7 TIME LIMIT FOR FINAL COUNCIL ACTION.
ALL APPLICATIONS HEARD BY THE CITY COUNCIL SHALL BE FINALLY ACTED UPON
WITHIN SIX (E) MONTHS FROM THE DATE OF THE CITY COUNCIL HEARING. IN THE
EVENT THE APPLICATION HAS NOT BEEN GRANTED WITHIN SAID SIX - MONTHS' PERIOD
THE APPLICATION SHALL BE DEEMED DENIED AND THE CITY SECRETARY SHALL NOTIFY
THE APPLICANT OF SUCH DENIAL AT SUCH TIME, UNLESS THE CITY COUNCIL BY MOTION
EXTENDS THE SIX - MONTHS' PERIOD FOR A DEFINITE TIME PERIOD AND AT THE EXPIRA-
TION OF THAT PERIODS IN THE EVENT THE APPLICATION IS NOT GRANTED IT SHALL
BE DEEMED DENIED. FOR THOSE APPLICATIONS ON WHICH HEARINGS HAVE PREVIOUSLY
BEEN HELD BY THE CITY COUNCIL, THE SIX - MONTHS' PERIOD FOR FINAL ACTION
SHALL COMMENCE UPON ADOPTION OF THIS AMENDMENT."
SECTION 12. THAT SECTION 33 -3.01 OF THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI, TEXAS, BE,AND THE SAME IS HEREBY AMENDED TO HERE-
AFTER READ AS FOLLOWS:
"SECTION 33 -3.01 ALL PERSONS, FIRMS, OR CORPORATIONS1 APPEALING
TO THE BOARD OF ADJUSTMENT, NECESSITATING THE SENDING OF NOTICES AND PUBLI-
CATIONS OF NOTICES IN THE NEWSPAPER SHALL BE REQUIRED TO PAY IN ADVANCE $40
FOR EXPENSES RELATIVE THERETO."
SECTION 13. THAT SECTION 33-3.02 OF THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI, TEXASI BED AND THE SAME IS HEREBY AMENDED TO HERE-
AFTER READ AS FOLLOWS:
"SECTION 33 -3.02 ALL PERSONS FIRMS OR CORPORATIONS APPLYING FOR
SPECIAL USE PERMITS UNDER THE PROVISIONS OF ARTICLE 25 OF THIS ORDINANCE OR
APPLYING FOR AN AMENDMENT TO THE ZONING ORDINANCE FOR A CHANGE IN THE
CLASSIFICATION OF THE DISTRICT OR A PORTION THEREOF, NECESSITATING THE
SENDING OF NOTICES AND PUBLICATION OF NOTICES IN THE NEWSPAPER SHALL BE
REQUIRED TO PAY IN ADVANCE $8o; PROVIDED, HOWEVER, IF THE APPLICANT WITH
DRAWS HIS APPLICATION BEFORE IT IS FORWARDED TO THE CITY COUNCIL, $4O OF
SAID $80 WILL BE REFUNDED TO THE APPLICANT; PROVIDED HOWEVER THAT AN
/ APPLICATION FOR AN AMENDMENT TO THE ZONING ORDINANCE INITIATED BY.THE CITY
COUNCIL, THE ZONING AND PLANNING COMMISSION, ANY CITY STAFF MEMBER ACTING
IN HIS CAPACITY AS CITY STAFF MEMBER) OR ANY OTHER BOARD OF AGENCY OF THE
CITY OF CORPUS CHRISTI SHALL BE WITHOUT FEE."
SECTION 14. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED.
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SECTION 15. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL
PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN
THE CAPTIO14 STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE.
That the foregoing ordinance was ad for the fi t i d
pass to its second reading on this the day of i
19, by the following vote:
Jack R. Blackmon
Ronnie Sizemore
V. A. "Dick" Bradley, Jr.
P. Jimenez, Jr., M. D.
Gabe Lozano, Sr.
Ken McDaniel
W. J. "Wrangler" Roberts
That the foregoing ordinance was re
to its third reading on this the tA-.) day of
by the following vote:
Jack R. Blackmon
Ronnie Sizemore
V. A. "Dick" Bradley, Jr.
P. Jimenez, Jr., M. D.
issed
Gabe Lozano, Sr.
Ken McDaniel
W. J. "Wrangler" Roberts
That the fo going ordinaqAre was read for the third time and passed
finally on this the day of o 196 P , by the follow-
ing vote:
Jack R. Blackmon L U _
Ronnie Sizemore
V. A. "Dick" Bradley, Jr. ���
P. Jimenez, Jr., M. D.
Gabe Lozano, Sr.
Ken McDaniel
W. J. "Wrangler" Roberts �" / p
PASSED AND APPROVED, this the day of o Yc2kJ 19 �P 6
ATTEST:
C V
Cit Secretar MA R
HE CITY OF CORPUS CHRISTI, TEXAS
APPR ED AS TO GAL FORM THIS1J.Hjy
Y OF , d
/ D .1
Attorney
PUBLISHER'S AFFIDAVIT I
STATE OF TEXAS,
County of Nueces. fss. ,
Before me, the undersigned, a Notary Public, this day personally came ... .................... ...........
Lel &YY3. - -... ... mes ... .......... ............ . . . . . .. who being first duly sworn, according to law, says that he is the
Cla ssiP iad- .Advertisi.ng-- Manager!....... 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
LEGAL -- Notice o£ passage. of.._ Q. rS? 1n axkca..Nn...W62- -amanding...the ..zoning .... ................. .
ordinance of City of C. C. - -- providing distan a be een buildings-- -
of which the annexed is a true copy, was published in ................K@.. -`T w QB ....................................................
on the.... 1!- day of...... 9t9t9.r .............. 19." 6- 8-, is3s t=& TXatjM ....................... x kAwe 1* j [fRR7G......:..................
.............. I ............... Times.
$...........12..30...........�-Miiii-gi6i; -. "'CT" ' § "ied --Adver••
Subscribed and sworn to before me this .......23. ......... day of. .......... October ......................... 19..6:8.......
Louise Vick ..................... ..._..
Notary Public, Nueces County, Texas
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