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HomeMy WebLinkAbout020652 ORD - 04/25/1989AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE 5, "R -1A" ONE -FAMILY DWELLING DISTRICT REGULATIONS, SECTION 5-2, USE REGULATIONS, BY ADDING A NEW PARAGRAPH (4); AMENDING ARTICLE 8A, "A -1A" APARTMENT HOUSE DISTRICT REGULATIONS, SECTION 8A-2, USE REGULATIONS BY ADDING A NEW PARAGRAPH (5); AMENDING ARTICLE 26, NONCONFORMING USES, SECTION 26-11. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance, Article 5, "R -1A" One -Family Dwelling District Regulations, Section 5-2, Use Regulations, is amended by the adoption of a new paragraph (4) to read as follows: Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes . . . (4) Colleges and schools, public and non-profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming signs pursuant to this paragraph shall be subject to the provisions of Article 26-11, Nonconforming Signs of this Zoning Ordinance. SECTION 2. That the Zoning Ordinance, Article 8A, "A -1A" Apartment House District Regulations, Section 8A-2, Use Regulations, is amended by the adoption of a new paragraph (5) to read as follows: 208RP019.ord 20652 MICROFILMED Section 8A-2 Use Regulations: A building or premise shall be used and developed according to the following regulations . . (5) Colleges and schools, public and non-profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming signs pursuant to this paragraph shall be subject to the provisions of Article 26-11, Nonconforming Signs of this Zoning Ordinance. SECTION 3. That the Zoning Ordinance, Article 26, Nonconforming Uses, Section 26-11, is amended to read as follows: Section 26-11.1 Nonconforming Signs - Defined. A nonconforming sign shall mean a sign permitted to remain in place as a nonconforming use or a sign which was erected in conformity with all local ordinances, laws, or regulations applicable at the time the sign is erected. A nonconforming sign shall not include a sign erected in violation of applicable regulations providing for registration, securing building permits, and compliance with all other applicable license and permit requirements required by local ordinances, laws, or regulations. A nonconforming sign shall include a sign which was lawful prior to the adoption, revision, or amendment of the Zoning Ordinance, but which fails, by reason of such adoption, revision, or amendment to conform with the present requirements of the Zoning Ordinance. Section 26-11.2 Alterations of Nonconforming Signs. A nonconforming sign may be changed to another nonconforming use of the same or more 208RP019.ord restrictive classification. Whenever a nonconforming sign has been changed to a more restricted use or a conforming use, such sign shall not thereafter be changed to a less restricted nonconforming use. Section 26-11.3 Termination of Nonconforming Signs. Notwithstanding Sections 26-3 and 26-4 providing for cessation of nonconforming uses, termination of all rights as a nonconforming use shall occur when the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign. A sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location. Section 26-11.4 Conformity with State Law. No sign shall be considered a permitted nonconforming use if such sign is in violation of Article 6674v-3 Regulation of outdoor signs on rural roads or Article IV Highway Beautification of Article 4477-9a, Texas Litter Abatement Act (Vernon's Texas Civil Statutes) or any regulation or prohibition adopted pursuant to such laws. The City hereby exempts from relocation, reconstruction, or removal any sign lawfully in place on the effective date of any municipal regulation which may require relocation, reconstruction, or removal as authorized by Chapter 216. Regulation of Signs by Municipalities of the Local Government Code. SECTION 4. If for any reason any section, paragraph, 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, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 208RP019.ord That the foregoing ordinance w read forjhefirst time and pa d to its second reading on this the /7s day of (/((2o 19_17'' by the following vote: Betty N. Turner Edward A. Martin David Berlanga, Sr. h - Joe McComb Leo Guerrero / ,, Clif Moss Tom Hunt at -y/ Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance s read for he second time and p:•�ed to its third reading on this the i day of ���`� �% 19 � by the following vote: Betty N. Turner (IL , Edward A. Martin �David Berlanga, Sr. t, Joe McComb Leo Guerrero i1Q21t Clif Moss Tom Hunt J-t/p Mary Rhodes Frank Schwing, Jr. 01 That the foregoing ordin ce was read for the third time and passed finally on this the -- day of (')(jj? 19 by the following vote: Betty N. Turner David Berlanga, Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. PASSED AND APPROVED, this the r� > day of ATTEST: City Secretary APPROVED: /,(7.7 DAY, Q 17,40/"//7 19,9: 7 (7-- c 7 City-Ttt•rney -4)7 99.046.01 4OR THE CITY OF CORPUS CHRISTI, TEXAS 20652