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HomeMy WebLinkAbout11437 ORD - 04/04/1973JRR:RWC:JKH; 4 -3 -73; isr • AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUI.IE 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING SECTION 25 -1 TO PROVIDE GREATER CLARITY TO THE ORDINANCE IN THE ENFORCEMENT OF THE EXTRAORDINARY VOTE RULE; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY. 'COUNCIL ITS REPORTS AM 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 COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON MARCH 28, 1973, AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL IN THE CITY COUNCIL CHAMBERS OF THE CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, 1T MS . DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENTS WOULD BEST SERVE THE PUBLIC HEALTH, NECESSITY-AND CONVENIENCE AND THE GENERAL WELFARE OF THE CITY AND ITS CITIZENS: NOW, THEREFORE, BE IT ORDAIW D 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 AME14CED 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. SECTION 2. THAT SECTION 25 -1 OF THE ZONING ORDINANCE BE AMENDED TO PROVIDE GREATER CLARITY TO THE ORDINANCE. IN THE ENFORCEMENT OF THE EXTRA- ORDINARY VOTE RULE BY DELETING FROM SAID SECTION 25 -1 THE WORDS "DIFFERENT FROM" FOLLOWING THE WORDS "PROVIDED, HOWEVER THAT WHEN THE ACTION TAKEN BY THE COUNCIL IS" AND PRECCDING THE WORDS "THE RECOMMENDATION OF THE COMMISSION," X243`7 0 AND IN LIEU THEREOF ADDING THE WORDS "LESS RESTRICTIVE AS TO USE OR AS TO DENSITY THAN ", SAID SECTION 25 -1 TO HEREAFTER READ AS FOLLOWS: "SECTION 25 -1 AFTER RECEIVING THE RECOMMENDATION FROM THE COMMISSION, THE -' COUNCIL MAYS AFTER PUBLIC HEARING AS PROVIDED FOR ZONING CHANGES, GRANT THE CHANGE OF ZONINGy DENY THE CHANGE OF ZONINGp OR GRANT A SPECIAL PERMIT, AND WHICH PERMIT IS GRANTED ONLY IN ACCORDANCE WITH THE SAME STANDARDS OUTLINED IN SUBPARAGRAPH (A) ABOVE; PROVIDED,- HOWEVER THAT WHEN THE ACTION TAKEN BY THE COUNCIL IS LESS RESTRICTIVE AS TO USE OR AS TO DENSITY THAN THE RECOMMENDATION OF THE COMMISSION, SAID COUNCIL ACTION-SHALL NOT BE EFFECTIVE EXCEPT BY AN AFFIRMATIVE VOTE OF A MAJORITY PLUS ONE OF THE MEMBERS PRESENT AND VOTING. EVERY SPECIAL PERMIT GRANTED BY THE COUNCIL SHALL BE CONSIDERED AS AN AMEND- MENT TO THE ZONING ORDINANCE AS APPLICABLE TO SUCH PROPERTY.. IN GRANTING SUCH PERMIT THE CITY COUNCIL MAY GRANT SAME FOR SUCH LIMITED PERIOD OF TIME AS THE COUNCIL MAY DECIDE AND MAY IMPOSE CONDITIONS WHICH SHALL BE COMPLIED WITH BY THE GRANTEE BEFORE CERTIFICATE OF OCCUPANCY MAY BE ISSUED BY THE BUILDING INSPECTOR FOR SUCH USE OF THE BUILDINGS AND IMPROVEMENTS ON SUCH CONDITIONS SHALL NOT BE CONSTRUED AS CONDITIONS PRECEDENT TO THE GRANTING OF A SPECIAL PERMIT OR THE CHANGE IN ZONING OF SUCH PROPERTY BUT SHALL BE CONSTRUED AS CONDITIONS PRECEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY. ANY SUCH SPECIAL PERMIT SHALL BE DEEMED TO HAVE EXPIRED WITHIN ONE (1) YEAR OF THE DATE OF THE GRANTING OF SAME UNLESS THE PREMISES ARE ACTUALLY BEING USED UNDER SAID PERMITS PROVIDED THAT ADDITIONAL TIME MAY BE GRANTED ON MOTION BY THE COUNCIL OR PROVIDED IN THE PERMIT AT THE TIME OF THE GRANTING OF THE SAME. WHENEVER THE USE FOR WHICH THE PERMIT IS GRANTED IS FOR ANY REASON TERMINATED, THE PERMIT SHALL BE DEEMED TO HAVE EXPIRED." SECTION 3. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 4. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 5. THAT THE NECESSITY OF IMMEDIATELY MAKING THE AFORESAID CHANGES FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT -2- NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF APR ILA 1973. ATTEST: / s � d CITY SECRET )M ,/ MAYOR L-tz - G THE CITY OF CO S RISTI, TEXAS APQRp�IED: DAY OF APRILS 7973: CITY ATTORNE CORPUS CHRISTI, TEXAS - - - _ h DAY OF a 19.22j TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. (ZRESPECT MAYOR THE CI OF d1s CHRISTI,_ TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. - REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZE MORE CHARLES A. BONNIWELL . ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK