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
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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.
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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
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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
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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
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