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HomeMy WebLinkAbout11917 ORD - 02/20/1974JRR:RWC:jkh:hb:1/20/74:lst • AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOL- UME 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 ARTICLE 27, SUBSECTION 27- 3.01.06, BY DELET- ING THE PRESENT SUBSECTION 27- 3.01.06 AND IN LIEU THEREOF ADOPTING A NEW SUBSECTION 27 -3.01. 06, SAID AMENDMENT TO ARTICLE 27 TO AMEND THE STANDARDS FOR SCREENING FENCES AND PRO- VIDE FOR DEFERMENT CONSTRUCTION CONTRACTS, SETTING OUT THE TERMS OF THE CONTRACTS, RELATING TO DEPOSIT OF MONEYS AND COM- MENCEMENT OF FENCE CONSTRUCTION; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDIN- ANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning cer- tain amendments to the text of the Zoning Ordinance of the City of Corpus Christi; and WHEREAS, public hearing was held at which hearing all persons wishing to appear and be heard were heard, to con- sider 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 January 16, 1974, at Regular Council Meeting of the City Council in the Council Cham- ber at 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 here- inafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi 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 91 pages 565, et seq, of 11917 0 1 1 the Ordinance and Resolution Records, as amended from time to time, and in particular as amended by Ordinance No. 6106, as amended, be and the same is hereby amended by making the change hereinafter set out. SECTION 2. That Article 27, Supplementary Height, Area and Bulk Requirements, Section 27 -3, Modification of Area Regulations, be amended by striking the present Subsec- tion 27- 3.01.06 and in lieu thereof substituting a new Sub- section 27- 3.01.06 to hereafter read as follows: 1127- 3.01.06 (1) Fence required. Where a business or industrial use is established on a lot which is adjacent to a lot occupied by a dwelling located in the 'FR', "R-IA', 'R -1B', 'R -2', 'A -1', or 'A -2' Zoning District, then the owner of the lot to be occupied by said business or industrial use shall be required to construct a screening fence six (6) feet in height from the natural ground, which shall constitute a visual obstruction and shall be capable of withstanding a thirty (30) pound per square foot horizontal wind load from any direction. Where a lot is to be occupied by a business or industrial use, which lot is adjacent to any located in the 'FR', 'R -lA', 'R -lb', 'R -2', 'A -1', or 'A -2' Zoning District and which adjacent lot, or lots, is not occupied by a dwelling, then the owner of the lot to be occupied by said business or industrial use shall be required to construct a screening fence in accordance with the standards established above, or may defer such construction upon application for deferral to the Building Official and on condition of executing a contract with the City which shall be filed of record in the office of the Clerk of the county or counties in which the affected lots are situated and which contract shall constitute a covenant running with the land. "For purposes of this amendment, 'business or in- dustrial use' is hereby defined to include any non - residential use permitted in the 'AB', 'B -1', 'B -2', 'B -3', B- 4','B -5'1 -2- 'B -6, 'I -1', 'I -2' or 'I -3' Zoning Districts." Such contract, the form of which shall be approved by the City Attorney, shall require a cash deposit equivalent to the cost of construction of such screening fence as determined by the Director of Engineering and Physical Development Ser- vices. Such deposit of money shall be held in trust and as an interest - bearing deposit by the City's designated deposi- tory, with accrued interest to accumulate and to be held in trust with the principal sum of the deposit. Such contract shall further provide that the deferment period shall terminate and the applicant shall commence construction of a standard screening fence at the direction of the City, and in any event, no later than the issuance of a residential building permit for the development of residential improvements or use upon any land adjacent to or adjoining the subject lot devoted to business or industrial use. Such fence construction shall be completed, with the exception of any intervening act of God, prior to the completion of the first permitted residential construction on adjacent land. Where more than one vacant, resi- dentially zoned lot adjoins the subject lot the fence construc- tion to be completed is that portion or portions of the subject lot's line or lines adjoining the abutting lot line or lines of the adjacent lot or lots on which a building permit is taken. Provision shall be made in the contract for continued trust retention and interest - bearing until the entire fencing along adjacent residential lot lines is completed. Such con- tract shall further provide for an express agreement between the City and the applicant whereby failure to construct the standard screening fence as provided therein, save and except for an intervening act of God, shall cause the forfeiture of such deposit to the City for the purpose of constructing such fence and that applicant shall waive all equitable defenses thereto. -3- In the event that applicant conveys or signs its interest to any part or all of the land described in such con- tract, such conveyance or assignment shall transfer pro rata part or all, as the case may be, the deposit plus accrued in- terest for fence construction as therein provided, effective upon a copy of such conveyance or assignment being delivered to the City Manager. The pro rata calculation for a partial conveyance involving a lot line touching on and adjoining residential lot shall be based on the ratio of linear footage conveyed and adjoining the subject lot line to the total linear footage of fence along the entire adjoining tract or lots, as the case may be. Where a lot has been occupied by a business or industrial use prior to December 1, 1971, and is adjacent to a lot occupied by a dwelling in any 'ER', 'R -lA', 'R -1B', 'R -2', 'A -1 or 'A -2' Zoning District, and if said business or industrial use is expanded by only 10% or less, of the floor area and /or site area, then the owner of the lot on which said existing business or industrial use is located shall not be required to construct a screening fence at the time of such expansion. (2) Exception to the requirement of the screening fence. Where it is alleged there is error in any order, re- quirement, decision, or determination made by the Building Official relative to the administration or enforcement of Section 27- 3.01.06 of this Ordinance, the City Council shall hear and decide appeals in accordance with the provisions of Article 30 and Section 33 -3.03 of this Ordinance. (Planning Commission - City Council standard rezoning procedure) The City Council may waive or reduce the requirements of such screening fence as required by Section 27- 3.01.06 upon a finding that: (a) there have been no building permits issued upon any lot or lots adjacent to the property of the applicant for construction of any residential structures; and -4- (b) no residential structures exist on any lot or lots adjacent to the property of the applicant; and (c) in the opinion of the City Council, as a matter of fact, the waiver or reduction of screening fence requirement will not affect adversely the uses of adjacent and neighboring property permitted by this Ordinance, or in those cases where the City Council finds that a fence existed prior to December 1, 1971, and meets the following standards, a waiver or reduction of screening fence require- ments may be made: (1) six (6) feet in height from the natural ground, (2) visually obstructs business or industrial uses from a residential area, and does not constitute a hazard to surround- ing areas when subjected to excessive wind loads. (3) Location on lot. When construction of a screening fence is required, it shall be located on the lot occupied by the business or industrial use along those portions of the rear and side lot lines that abut or are across a public street or alley from any 'FR', "R -lA', 'R -1B', 'R -21, 'A -11, or 'A -2' Zoning District. The construction of a screening fence shall also be required to screen from public view any trash or storage area in conjunction with such use. The owner of a lot on which a screening fence is required shall maintain said fence so that it will at all times meet the requirements set forth above." SECTION 3. That all ordinances or parts of ordinances in direct conflict herewith are hereby expressly repealed. All other portions and parts of said Zoning Ordinance, as amended, are hereby kept in full force and effect. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi, which -5- L• • Publication shall contain the caption stating in substance the purpose of the ordinance. SECTION 5. If for any reason any section, para- graph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. Publication shall contain the caption stating in substance the purpose of the ordinance. SECTION 5. If for any reason any section, para- graph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. 0 LJ That the foregoing ordinan a as read fo t first time and passed to its second reading on this the day o� 19_2 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordin ce was re a o the second time and passed to its third reading on this the day of 19, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the fo oing ordin a ead for the, third time and passed finally on this the day of l9 , by the following vote: Jason Luby James T. Acuff i Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the 0�?Q kofiz-, 197"/. ATTEST: / r City Secretary MAY THE CITY OF CORPUS CHRIS I, TEXAS RO D: � / DAY OF I co ar , 19 City Attorney PUBLISHER'S AFFIDAVIT STATE OF TMS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came......-- __........— __..... ......- ......_ -_r who being first duly sworn, according to law, says that he is the ....... . . . ..... . ................. 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 _az(e_.aL_ordinance _20 of which the annexed is a true copy, was published in Time s on the..-2611day of F-Chr.11arz 19.2" ............................... Richard D. Hardin, Class. Adv. Mgr. Subscribed and sworn to before me this...-. 7 t2L day of...........: andh ... ............. .......... Louise Vick NOTICE OF PASSAGE OF ORDINANCE NO.11917