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HomeMy WebLinkAbout03228 ORD - 03/18/1952"; AN ORDINANCE AMENDING ORDINANCE NO. 760, KNOWN AS 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, PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16,, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, BY AMENDING ARTICLE IV, SECTION 1; ARTICLE IX, SECTION 1; ARTICLE XI -, SECTION l; ARTICLE XI1, SECTION 2; ARTICLE XIV, SECTION-1; ARTICLE-XVI11, SECTION 3; ARTICLE XVIII, SECTION 4; ARTICLE XX, SECTION 1; ARTICLE XX, SECTION 4; ARTICLE XXVI, SECTION 3; AND ARTICLE XXVII, AS MORE PARTICULARLY DESCRIBED HEREIW; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ZONING ORDINANCE AS AMENDED; AND DECLARING. AN EMERGENCY. WHEREAS, THE ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS - CHRISTI, TEXAS, HAS RECOMMENDED TO THE CITY COUNCIL OF THE SAID CITY THAT THE HEREINAFTER SET OUT CHANGES BE MADE IN THE PRESENT ZONING ORDINANCE AND MAP; AND WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AT ITS REGULAR MEETING HELD ON DECEMBER 4, 1951, ORDERED A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBER AT THE CITY HALL ON THE 2ND DAY OF JANUARY, 1952, AND SAID HEARING TO CONSIDER SUCH CHANGES HAVING BEEN HELD AT SAID TIME AND PLACE, AND SAID CITY COUNCIL HAVING SUBSEQUENTLY CONSIDERED CERTAIN OF SUCH CHANGES AT COUNCIL MEETING HELD ON JANUARY 2, 1952; AND WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, AT ITS REGULAR MEETING HELD ON DECEMBER 4, 1951, ORDERED A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBER AT THE CITY HALL ON THE 2ND DAY OF JANUARY, 1952, AND SAID HEARING TO CONSIDER SUCH CHANGES HAVING BEEN HELD AT SAID TIME AND PLACE; AND WHEREAS, AT SUCH HEARING ALL INTERESTED CITIZENS, PROPERTY OWNERS, AND OTHER PARTIES HAD THE OPPORTUNITY TO BE HEARD ON THE PROPOSED ZONING AMENDMENTS, AND ALL PARTIES INTERESTED AND WISHING TO APPEAR WERE HEARD: NOW, THEREFORE, BE IT- ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTIONS RECORDS, AS AMENDED FROM TIME TO TIME, PARTICULARLY AS AMENDED BY ORDI'N'ANCE N0. 2266, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD t IN VOLUME-i6, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BE, AND THE SAME IS HEREBY AMENDED IN THOSE PARTICULARS SET FORTH IN SECTIONS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 14 HEREOF. SECTION 2: THAT ARTICLE IV, SECTION 1, PERTAINING TO DEFINITIONS BE AMENDED SO AS TO INCLUDE THEREIN THE FOLLOWING: TRAILER OR TRAILER :COACH: ANY PORTABLE VEHICLE SO CONSTRUCTED AND DESIGNED AS TO PERMIT OCCUPANCY THEREOF FOR DWELLING OR SLEEPING PURPOSES AND WHICH IS KEPT IN READINESS FOR TRAVELING. CHILD NURSERY: A BUILDING WHERE FIVE OR MORE CHILDREN, UNDER THE AGE OF SIX, OTHER THAN MEMBERS OF THE FAMILY OCCUPYING SAID BUILDING ARE SERVED AND CARED FOR FOR COMPENSATION. TAVERN: A PLACE SUBJECT TO BE LICENSED UNDER VERNON'S ANNOTATED CIVIL STATUTES, ARTICLE 666 -1, FOR A WINE AND BEER RETAILERS PERMIT OR A BEER RETAILER'S LICENSE. BUILDING: ANY STRUCTURE OTHER THAN A TRAILER OR TRAILER COACH HAVING A ROOF SUPPORTED BY COLUMNS OR WALLS, FOR THE HOUSING OR ENCLOSURE OF PERSONS OR CHATTELS. DRIVE -IN OR DRIVE -IN GROCERY: A GROCERY OR RETAIL FOOD DISPENSING AND EATING ESTABLISHMENT WHERE PATRONS ARE PERMITTED TO PARK CARS ON PREMISES AND FOOD AND DRINKS ARE SERVED TO PATRONS IN CARS. YARD, REAR: AN OPEN SPACE UNOCCUPIED, EXCEPT BY AN ACCESSORY BUILDING OR STRUCTURE AS HEREINAFTER PERMITTED, EXTENDING THE FULL WIDTH OF THE LOT BETWEEN THE REAR MOST WALL OF THE PRINCIPAL BUILDING AYRR6HE REAR LOT LINE. WHERE THERE IS AN ALLEY, THE DEPTH OF THE REAR /MAY BE CONSIDERED TO EXTEND TO THE CENTER LINE OF THE ALLEY, AND THE SAME IS HEREBY AMENDED. SECTION 31 THAT ARTICLE IX, SECTION 1, SUBSECTION 6, PERTAINING TO USE REGULATIONS IN THE "A -2" SECOND APARTMENT HOUSE DISTRICT, BE AMENDED SO AS TO READ AS FOLLOWS: CHILD CARE INSTITUTIONS, CHILD NURSERIES, PRIVATE KINDERGARTENS, AND FOSTER CHILDRENS HOMES, AND THE SAME IS HEREBY AMENDED. SECTION 4: THAT ARTICLE XI, SECTION I, SUBSECTION 4 PERTAINING TO SIGNS IN THE "A -4" TOURIST COURT DISTRICT BE AMENDED SO AS TO READ AS FOLLOWS: SIGNS: SIGNS WILL BE PERMITTED AS ACCESSORY USED TO ADVERTISE HOTELS OR TOURIST COURTS WHEN LOCATED ON THE SAME LOT AS THE HOTEL OR TOURIST COURT ADVERTISED, AND THE SAME IS HEREBY AMENDED. SECTION 5: THAT ARTICLEJ'XII, SECTION I, BE AMENDED SO AS TO READ AS FOLLOWS: 18. CLEANING AND PRESSING SHOPS AND /OR COMMERCIAL LAUNDRIES, PROVIDED THAT THE AREA OF SUCH BUSINESS, WHETHER OPERATED AS A CLEANING AND - 2- PRESSING SHOP, OR AS A COMMERCIAL LAUNDRY SHALL NOT EXCEED 6,000 SQUARE FEET, AND, PROVIDED FURTHER2 THAT THE AREA OF SUCH BUSINESS, IF OPERATED AS A COMBINED CLEANING AND PRESSING SHOP AND A COMMERCIAL LAUNDRY, SHALL NOT EXCEED 12200 SQUARE FEET2 68A. BOTTLING PLANTS OR WORKS, PROVIDED THAT THE AREA OF SUCH BUSINESS SHALL NOT EXCEED 6,000 SQUARE FEET. AND THE SAME IS HEREBY AMENDED. SECTION 6: THAT ARTICLE XII, SECTION 2, SUBSECTION 3, PERTAINING TO . REAR YARDS IN THE "B -111 NEIGHBORHOOD BUSINESS DISTRICT, BE AMENDED SO AS TO READ AS FOLLOWS: REAR YARD: FOR "R -111' "R-2l',_ "A-1" AND "A- 2" DISTRICT USES THERE SHALL BE A REAR YARD HAVING A DEPTH OF NOT LESS THAN TWENTY (20) FEET. FOR ALL OTHER USES A REAR YARD IS NOT REQUIRED EXCEPT WHERE IT ABUTS UPON "R-1", IIR -211, "A -111 AND IIA -211 DISTRICTS IN WHICH CASE THERE SHALL BE A REAR YARD OF NOT LESS THAN TEN (10) FEET, AND THE SAME IS HEREBY AMENDED. SECTION 7: THAT ARTICLE XVIII, SECTION 3, A (A) PERTAINING TO PRO- JECTIONS INTO YARDS BE AMENDED SO AS TO READ AS FOLLOWS? (A) A "CAR PORT" OR PORTE COCHERE MAY BE PERMITTED OVER A DRIVEWAY IN A SIDE YARDS PROVIDED SUCH STRUCTURE IS NOT MORE THAN ONE (1) STORY IN HEIGHT AND TWENTY -FOUR (24) FEET IN LENGTH AND IS ENTIRELY OPEN ON AT LEAST THREE (3) SIDES, EXCEPT FOR THE NECESSARY SUPPORTING COLUMNS AND CUSTOMARY ARCHITECTURAL FEATURES; PROVIDED SAID "CAR PORT" OR PORTE COCHERE MUST BE AT LEAST FOUR (4) FEET FROM THE ADJOINING PROPERTY LINE, AND THE SAME IS HEREBY AMENDED. SECTION S: THAT ARTICLE XVIII, SECTION 3, B (C) PERTAINING TO FRONT YARD REGULATIONS BE AMENDED SO AS TO READ AS FOLLOWS: (C) AT THE END OF A THROUGH LOT THERE SHALL BE A FRONT YARD OF THE DEPTH REQUIRED BY THIS ORDINANCE FOR THE DISTRICT IN WHICH EACH STREET FRONTAGE 15 LOCATED, AND THE SAME IS HEREBY AMENDED. SECTION 9: THAT ARTICLE XVIII, SECTION 3, D (A) PERTAINING TO REAR YARD REQUIREMENTS BE AMENDED SO AS TO READ AS FOLLOWS: (A) IN THE IIR -111' IIR -211 AND IIA -111 DISTRICTS ACCESSORY BUILDINGS SHALL NOT OCCUPY MORE THAN THIRTY (30) PERCENT OF THE REAR YARD AREA AND THE SAME IS HEREBY AMENDED. SECTION 10; THAT ARTICLE XVIII, SECTION 4, PERTAINING TO OFF STREET PARKING REGULATIONS BE AMENDED SO AS TO ADD THERETO THE FOLLOWING SUBSECTION: (C) IN ALL DISTRICTS, CANOPIES OR AWNINGS, OPEN ON ALL SIDES EXCEPT ON THE SIDE ATTACHED TO A BUILDINGS SHALL BE PERMITTED IN OFF STREET PARKING AREAS ON PRIVATE PROPERTY, AND THE SAME IS HEREBY AMENDED. - 3 - SECTION 11: THAT ARTICLE XX, SECTION I, PERTAINING TO SPECIAL COUNCIL PERMITS BE AMENDED SO AS TO READ AS FOLLOWS: SECTION 1: UPON RECEIPT OF APPLICATION FOR A SPECIAL BUILDING PERMIT, THE CITY COUNCIL SHALL REQUEST A REPORT AND RECOMMENDATION THEREOF FROM THE ZONING AND PLANNING COMMISSION. THE ZONING AND PLANNING COMMISSION SHALL HOLD A PUBLIC HEARING ON SAID APPLICATION GIVING NOTICE OF SUCH HEARING AS PROVIDED IN ARTICLE XXVI. SUCH REPORT AND RECOMMENDATION OF THE ZONING AND PLANNING COMMISSION SHALL BE SUBMITTED TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS FROM THE TIME SUCH REQUEST WAS FILED WITH THE ZONING AND PLANNING COMMISSION. IF THE REPORT OF THE ZONING AND PLANNING COM- MISSION IS NOT SUBMITTED TO THE CITY COUNCIL WITH THIRTY (30) DAYS, SUCH APPLICATION SHALL BE DEEMED AS APPROVED BY THE ZONING AND PLANNING COMMISSIONS IN WHICH CASE THE APPLICANT MAY APPEAL DIRECT TO THE CITY COUNCIL. UPON THE RECEIPT OF SUCH RECOMMENDATION OR ELAPSE OF THIRTY (30) DAYS, THE CITY COUNCIL SHALL HOLD A PUBLIC HEARING ON SAID APPLICATION WITHIN, THIRTY 1'�0i DAYS AFTER RECEIPT OF RECOMMENDATION OR ELAPSE OF THE FIRST PERIOD OF THIRTY (30) DAYS GIVING NOTICE OF SUCH HEARING AS PROVIDED IN ARTICLE XXVI. AFTER SUCH PUBLIC HEARING THE CITY COUNCIL MAY IN ITS DISCRETION AUTHORIZE OR REFUSE THE ISSUANCE OF A SPECIAL BUILDING PERMIT. THE CITY COUNCIL MAY PRESCRIBE SPECIAL CONDITIONS WHICH SHALL BE INCLUDED IN THE PERMIT. SPECIAL COUNCIL PERMITS MAY BE GRANTED FOR THE FOLLOWING:, AND THE SAME IS HEREBY AMENDED. SECTION 12: THAT ARTICLE XX) SECTION 41 PERTAINING TO SPECIAL COUNCIL PERMITS FOR OBJECTIONABLE USES BE AMENDED SO AS TO READ AS FOLLOWS: SECTION 4. OBJECTIONABLE USES. NO BUILDING OR LAND SHALL BE USED AND NO BUILDING SHALL BE HEREAFTER ERECTED, STRUCTURALLY ALTERED, OR ENLARGED IN A HEAVY INDUSTRIAL DISTRICT FOR THE FOLLOWING USES EXCEPT UPON A SPECIAL PERMIT AUTHORIZED BY THE CITY COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND THEN ONLY FOR THE FOLLOWING USES........ WITHIN THE AREA NORTH OF WEST BROADWAY AND NUECES BAY BOULEVARD, THIS PROVISION DOES NOT APPLY TO AN EXPANSION OFFACILITIES ON A TRACT NOW IMPROVED FOR SUCH USES OR AN EXISTING USE, AND THE SAME IS HEREBY AMENDED. SECTION 13: THAT ARTICLE XXVI, SECTION 3, PERTAINING TO THE HOLDING OF HEARINGS ON AMENDMENTS BE AMENDED SO AS TO READ AS FOLLOWS: SECTION 3. THE ZONING ANDPLANNING COMMISSION SHALL MAKE A PRELIMINARY REPORT AND HOLD A PUBLIC HEARING THERED4 BEFORE SUBMITTING ITS FINAL REPORT TO THE CITY COUNCIL. NOTICE OF PUBLIC HEARINGS BEFORE THE ZONING AND PLANNING COMMISSION SHALL BE GIVEN BY SENDING WRITTEN NOTICE TO ALL OWNERS-OF PROPERTY, OR TO THE PERSON RENDERING THE SAME FOR CITY TAXES TO WHICH THE PROPOSED CHANGE OF CLASSIFICATIONS WOULD APPLY, AND TO ALL OWNERS OF PROPERTY; OR TO THE PERSON RENDERING THE SAME FOR CITY TAXES, LOCATED WITHIN TWO HUNDRED 200) FEET OF ANY PROPERTY TO BE CHANGED THEREBY, WITHIN NOT LESS THAN TEN DAYS BEFORE ANY SUCH HEARING IS HELD. SUCH NOTICE MAY BE SERVED BY DEPOSITING THE SAME, PROPERLY ADDRESSED AND POSTAGE PAID, IN THE CITY POST OFFICE. IN THEEVENT A PUBLIC HEARING SHALL BE HELD BY THE ZONING AND PLANNING COMMISSION IN REGARD TO A CHANGE OF THE CORPUS CHRISTI ZONING ORDINANCE NOT INVOLVING A PARTICULAR SECTION OF THE CITY BUT INVOLVING A CHANGE IN THE ORDINANCE GENERALLY] NOTICE OF - 4 - SUCH PUBLIC HEARING SHALL BE GIVEN BY PUBLISHING IN THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI AT LEAST ONCE A NOTICE OF THIS HEARING FIFTEEN (15) DAYS PRIOR TO SAID HEARING, - - AND THE SAME IS HEREBY AMENDED. J SECTION 14: THAT ARTICLE XXVII PERTAINING TO FILING FEES BE AMENDED TO READ AS FOLLOWS: SECTION 1. ALL PERSONS, FIRMS, OR CORPORATIONS, APPEALING TO THE BOARD OF ADJUSTMENT, NECESSITATING THE SENDING OF , _ NOTICES AND PUBLICATION OF NOTICES IN THE NEWSPAPER SHALL BE REQUIRED TO PAY IN ADVANCE $1D-.GO -FOR EXPENSES RELATIVE THERETO. SECTION 2. ALL PERSONS, FIRMS', OR CORPORA71ONS APPLYING FOR COUNCIL PERMITS,UNDER THE PROVISIONS OF ARTICLE XX OF THIS ' ORDINANCE OR APPLYING FOR AN AMENDMENT TO THE ZONING ORDINANCE OR A CHANGE IN THE CLASSIFICATION OF THE DISTRICT OR A PORTION THEREOF, NECESSITATING THE SENDING OF NOTICES AND PUBLICATIONS OF NOTICES IN THE NEWSPAPER SHALL BE REQUIRED TO PAY IN ADVANCE $2-5.00 FOR EXPENSE RELATIVE THERETO. , J'1.5J yam; „ SECTION 3. THE PAYMENT OF SUCH MONEY IN ADVANCE TO THE CITY TAX ASSESSOR AND COLLECTOR SHALL BE DEEMED A CONDITION PRE- CEDENT TO THE CONSIDERATION OF SUCH APPEAL, SPECIAL PERMIT OR AMENDMENT, AND THE SAME IS HEREBY AMENDED. SECTION 15: THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI BED AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. SECTION 16: THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED. SECTION 17: THAT THE SAID ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, APPROVED ON THE 4TH DAY OF MAY, 1948, AS AMENDED FROM TIME TO TIMES EXCEPT AS HEREIN CHANGED SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 18: THAT THE NECESSITY OF MAKING THE CHANGES IN THE ZONING ORDINANCE AND MAP AS HEREIN PROVIDED IN ORDER TO PROVIDE FOR THE ORDERLY AND PROGRESSIVE GROWTH OF THE CITY AT ALL TIMES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE AND/OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL'BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXISTS HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND -5- 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, IT IS ACCORDINGLY SO O?DAINED. PASSED AND APPROVED, THIS THE /&"-"AY OF A. D. 1952. Alf) MA R THE CITY OF CORPUS CHRISTI, TEXAS EST: e CITY SECRETARY APP VED AS LEGAL FORM: i CITY ATTORNEY F 0 Corpus Christi, Texas �129 1',f— Z TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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; I. therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman �iwD Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson T s �