HomeMy WebLinkAbout021641 ORD - 04/27/1993AN ORDINANCE
AMENDING THE ZONING ORDINANCE, BY AMENDING ARTICLE 28A -
"HC" HISTORICAL -CULTURAL LANDMARK PRESERVATION, BY
DELETING SAID ARTICLE IN ITS ENTIRETY AND SUBSTITUTING
THEREFORE A NEW ARTICLE 28A; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the Landmark Commission and the Planning Commission have
forwarded their reports and recommendations concerning the amendment of the Zoning
Ordinance of the City of Corpus Christi;
WHEREAS, in accordance with proper notice to the public, a public hearing was held
on Thursday, November 19, 1993, during a meeting of the Landmark Commission; on
Wednesday, February 24, 1993, during a meeting of the Planning Commission; and on
Tuesday, March 30, 1993, during a meeting of the City Council; all such meetings being held
in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested
persons to appear and be heard; and
WHEREAS, the City Council has determined that the hereinafter set forth
amendment to the Zoning Ordinance 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 is hereby amended by amending Article
28A - "HC" Historical -Cultural Landmark Preservation, by deleting said article in its entirety
and substituting therefore a new Article 28A to read as follows:
SECTION 28A-1 - DECLARATION OF PUBLIC POLICY AND PURPOSE. The City
Council hereby declares as a matter of public policy that the preservation, protection,
perpetuation, and use of areas, places, building, structures, works of art, and other objects
having a special historical, community or aesthetic interest or value is a public necessity and
is required in the interest of the health, prosperity, safety, and welfare of the people and
further that the demolition of such buildings, structures, works of art, and other objects
would constitute in part a public nuisance. The purpose of this article is to:
28A-1.01. Supplement Section 2-204 through 2-214 of the City Code regarding the
Landmark Commission;
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28A-1.02. Safeguard the heritage of the City of Corpus Christi by preserving sites and
structures which reflect elements of the City's cultural, social, ethnic, political,
archeological, and architectural history;
28A-1.03. Stabilize and improve property values;
28A-1.04. Strengthen the economy of the City;
28A-1.05. Protect and enhance the City's attractions to residents, tourists, and visitors,
and serve as support and a stimulus to business and industry;
28A-1.06. Enhance the visual and aesthetic character, diversity, and interest of the City;
28A-1.07. Foster civic pride in the beauty and notable accomplishments of the past;
28A-1.08. Promote the use and preservation of historic sites and structures for the
education and general welfare of the people of the City; and
28A-1.09. Take the necessary steps to safeguard the property rights of the owners whose
property is declared to be a Landmark.
SECTION 28A-2 - DEFINITIONS. For purposes of this Article, the following terms shall
mean:
"Alteration or Alter" - Any construction or material change in the architectural or
natural features of a Landmark, including but not limited to erection of signs, installation
or removal of trees or shrubs, a change or removal of roofing, siding materials, doors,
windows, shutters, fences, signs, other ornamentation, porches, balconies, or paint color.
This does not include Ordinary Repair and Maintenance, Removal, Demolition, or New
Construction.
"Archeological Site" - The physical site, location, or context in which are found the
material remains of past life or activities of cultural or historical significance.
"Certificate of Appropriateness" - The official Landmark Commission stamp that is
placed upon approved construction plans and/or required permits. Such stamp shall include
the signature of the Chairman or a designated Commission Member and the date action was
taken.
"Cladding" - The building materials covering the exterior of a Landmark.
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"Emergency Securing Measures" - The boarding up, fencing off, structural
modifications, demolitions, demolition of or other protecting methods designed to protect
or secure a Landmark in its present condition.
"Demolition or Demolish" - The razing or destruction, whether entirely or partially,
of a Landmark, including the removal or destruction of the facade, surface, or interior of
a Landmark classified as "HC".
"Facade" - The principal exterior view of a structure viewed from a private or public
street.
"HC Classification" - Includes all of the following "HC" zoning classifications used to
identify Landmarks of the City of Corpus Christi. Use of the "HC" classification to
designate a Landmark shall be in addition to any other zoning regulation or zoning district
established by the City Council.
"HC" - Shall denote Landmarks previously classified by the City Council under pre-
existing zoning ordinance of the city and shall continue to bear the suffix "HC" in its zoning
designation. The designation "HC" will no longer be available as a zoning classification after
the effective date of this ordinance.
"HC -I" - This classification is used to designate a public structure open to the public
as a Landmark. A public structure open to the public shall be designated "HC -I" when any
of the exterior, interior, or ground's characteristics have been designated by the City Council
for "HC" classification. This classification does not require the owner's consent and is
subject to approval as outlined under Article 30 "Changes and Amendments" of the zoning
ordinance. (Classification controls apply from Figure 1, Levels of Restrictions and Figure
2, Classification Level of Restrictions).
"HC -II" - This classification is used to designate a public structure, which is not open
to the public as a Landmark. A public structure, which is not open to the public, shall be
designated "HC -II" when any of the exterior, interior, or ground's characteristics have been
designated by the City Council for "HC" classification. This classification does require the
owner's consent for approval by City Council. (Classification controls apply from Figure 1,
Levels of Restrictions and Figure 2, Classification Level of Restrictions).
"HC -III" - This classification is used to designate a private structure open to the
public as a Landmark A private structure open to the public shall be designated "HC -III"
when any of the exterior, interior, or ground's characteristics have been approved by the City
Council for "HC" classification. This classification does not require the owner's consent and
is subject to approval as outlined under Article 30 "Changes and Amendments" of the zoning
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ordinance. (Classification controls apply from Figure 1, Levels of Restrictions and Figure
2, Classification Level of Restrictions).
"HC -IV" - This classification is used to designate a private structure not open to the
public as a Landmark. A private structure not open to the public shall be designated "HC -
IV' when any of the exterior, interior, or ground's characteristics have been approved by the
City Council for "HC" classification. This classification does require the owner's consent for
approval by City Council. (Classification controls apply from Figure 1, Levels of
Restrictions and Figure 2, Classification Level of Restrictions).
"HC -F" - This classification is used to designate the facade of any structure and shall
be designated "HC -F" when the exterior characteristics have been approved by the City
Council for "HC" classification. This classification does not require the owner's consent and
is subject to approval as outlined under Article 30 "Changes and Amendments" of the zoning
ordinance. (Classification controls apply from Figure 1, Levels of Restrictions and Figure
2, Classification Level of Restrictions).
"HC -A" - This classification is used to designate an Archeological Site as a Landmark
Classification as an Archeological Site may include any "HC" classification approved by the
City Council. This "HC" classification does not require the owner's consent and is subject
to approval as outlined under Article 30 "Changes and Amendments" of the zoning
ordinance. (Classification controls apply from Figure 1, Levels of Restrictions and Figure
2, Classification Level of Restrictions).
"Landmark Commission" - The City of Corpus Christi Landmark Commission, or its
successor, charged with the responsibilities of designating, classifying, and protecting
Landmarks.
"Landmark" - Means any site, place, building, structure, or work of art located on a
single lot or series of adjacent lots under common ownership which has special character
or aesthetic value as part of the development, heritage, archaeological, or cultural
characteristics of the City, State, or the United States which has been designated by the City
Council as one of the HC designations.
"New Construction" - Addition to any Landmark.
"Official" - An employee of the City of Corpus Christi authorized by the City Code
to administer or enforce the provisions of this Article. Official includes, but is not limited
to, the Building Official or the Director of Community Development.
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"Open to Public" - Open to the public shall mean any use, other than single-family
or multi -family of less than five (5) units, which generally allows customers/clients onto the
grounds and inside the subject structure(s).
"Ordinary Repair or Maintenance" - Ordinary repair or maintenance which does not
involve changes in architectural and historical style or value, general design structural
arrangement, type of building material, primary color or basic texture are exempt from the
provisions of this ordinance. Examples of ordinary repairs and maintenance are: repainting,
restoration of damaged windows in same style and dimension, replacement of rotted or
broken exterior material of the same style and dimension, or trimming of trees and shrubs.
"Owner" - The record holder of title in fee simple of real property or the
improvements and appurtenances.
"Permitting Entity" - Includes Inspections Division, the Building Official, Traffic
Engineering, and the Community Development Department.
"Potential Landmark" - Means any site, place, building, structure, or work of art
located on a single lot or series of adjacent lots under common ownership which has special
character or aesthetic value as part of the development, heritage, archaeological, or cultural
characteristics of the City, State, or the United States which has been designated by the City
Council as a Potential Landmark and is contained in the Corpus Christi site survey Phase II.
"Preservation Plan" - The Landmark Preservation Plan as prepared and amended by
the Landmark Commission, reviewed by the Planning Commission, and approved by the City
Council as an element of the City Comprehensive Plan.
"Public Use Structure" - A structure open to the public during scheduled hours for
a fee or gratis irrespective of ownership by a government, non-profit organization, or private
entity.
"Removal or Remove" - The relocation in whole or in part of a Landmark, whether
off the site or relocation upon the same site.
SECTION 28A-3 - HC LANDMARKS - ZONING DESIGNATION. The City Council may
designate buildings, structures, sites, areas, objects, and lands in the City as Landmarks or
Potential Landmarks upon the recommendation of the Planning Commission and Landmark
Commission. An HC Classification shall indicate the zoning designation of a Landmark
which shall be in addition to any other designation established by the Zoning Ordinance.
The zoning map shall reflect each HC Classification as a suffix to any other use designation
established by the Zoning Ordinance.
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SECTION 28A-4 - DESIGNATION OF LANDMARKS.
28A-4.01 Criteria for Designation of Landmarks. In considering the designation of any
area, place, building, structure, work of art or similar object in the City as a Landmark, the
Landmark Commission shall apply one or more of the following criteria with respect to such
property:
28A-4.01.01. Prior recognition as a Registered Texas Landmark, a National Historic
Landmark, or as an entry in the National Register of Historic Places;
28A-4.01.02. Its character, interest or value as part of the development, heritage or cultural
characteristics of the City, State of Texas or the United States;
28A-4.01.03. Its location as the site of a significant historic event;
28A-4.01.04. Its identification with a person who significantly contributed to the culture and
development of the City;
28A-4.01.05. Its exemplification of the cultural, economic, social or historic heritage of the
City;
28A-4.01.06. Its portrayal of the environment of a group of people in an era of history
characterized by a distinctive architectural style;
28A-4.01.07. Its embodiment of distinguishing characteristics of an architectural type or
specimen;
28A-4.01.08. Its identification as the work of an architect or master builder whose
individual work has influenced the development of the City;
28A-4.01.09. Its embodiment of elements of architectural design, detail, materials, or
craftsmanship which represent a significant architectural innovation;
28A-4.01.10. Its relationship to other distinctive areas which are eligible for preservation
according to a plan based on an historic, cultural or architectural motif;
28A-4.01.11. Its unique location or singular physical characteristic representing an
established and familiar visual feature of a neighborhood, community or the
City;
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28A-4.01.12. Archeological value in that it has produced or can be expected to produce
artifacts affecting historic or prehistoric study; and
28A-4.01.13. In consideration of any of the foregoing criteria, designation as a Landmark
shall not be precluded because of subsequent cladding of the original facade
or object providing that damage done by the work is minimal and that the
building is virtually intact beneath.
28A-4.02 Procedure for Designation of Landmarks. The Landmark Commission shall
receive all HC Classification applications submitted to the Planning Department. The
Landmark Commission may also file an application for HC -I, HC -III, HC -F, HC -A
Classification of any area, place, building, structure, work of art or similar object in the City
as a Landmark HC classification procedures shall comply with statutes and ordinance
provisions requiring notice and public hearings. The time lines for zoning procedures are
outlined under Article 30, entitled "Changes and Amendments" of the Zoning Ordinance.
The Landmark Commission and Planning Commission shall take the following action:
28A-4.02.01. The Planning Department shall furnish the Landmark Commission a copy of
every zoning application received involving property with a current or
Potential Landmark Classification and the Landmark Commission shall
comment on such application to the Planning Commission and City Council
as provided herein.
28A-4.02.02.
28A-4.02.03.
28A-4.02.04.
28A-4.02.05.
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The Landmark Commission shall advise the City Planning Commission of the
proposed designation and its relationship to the Preservation Plan.
The Landmark Commission may make such modifications, changes, and
alterations concerning the proposed designation as it deems necessary in
consideration of the recommendation of the Planning Commission.
The Landmark Commission shall notify the owner of such property of the
proposed designation. The Landmark Commission shall secure an affidavit
from the owner if required, stating his/her consent to the proposed
designation.
The Planning Commission and City Council shall consider designation of a
HC Classification as an amendment to the Zoning Ordinance following public
notice, public hearings, and compliance with such other requirements as
provided by the Zoning Ordinance.
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28A-4.02.06. The Planning Commission shall provide its recommendation with respect to
the relationship of the proposed designation to the Comprehensive Plan of the
City, the effect of the designation upon the surrounding neighborhood, and its
recommendation as to any other planning consideration which may be
relevant to the proposed designation.
28A-4.02.07. City Council shall give due consideration to the findings and recommendations
of the Landmark Commission in addition to the recommendation of the
Planning Commission in making its determination with respect to the
proposed designation of a Landmark;
284.4.02.08. Classification as a Landmark shall be in accordance with the permissible
restrictions contained in Figure 1, Levels of Restrictions, and Figure 2,
Classification Level of Restrictions.
28A-4.02.09. Upon approval of a Landmark Classification by City Council, the City
Secretary shall file a copy of the ordinance designating such Landmark with
the Building Official and the Director of Community Development.
FIGURE 1
LEVELS OF RESTRICTIONS WHICH ARE APPROPRIATE
OWNERSHIP
USE
GROUNDS
FOR
BUILDING
EXTERIOR
FOR
BUILDING
INTERIOR
FOR
FACADE
ARCHEO
LOGICAL
APPLICA
BLE "HC
CLASSItI
CATIONS
Public
Open to
(2)
(2)
(2)
(2)
(2)
H61, HC -
Public
A
A
B
A
A
F, HC -A
Public
Not Open to
(1)
(1)
(1)
(2)
(2)
11G11,
Public
A
A
B
A
A
HC -F,
HC -A
Private
Open to
(2)
(2)
(2)
(2)
(2)
HC -III,
Public
A
A
B
A
A
HC -F,
HC -A
Private
Not Open to
(1)
(1)
(1)
(2)
(2)
11C -1V,
Public
A
A
B
A
A
HC -F,
HC -A
1) Require property owner's consent to be restricted.
(2) Does not require property owner's consent to be restricted.
See Figure 2 for clarification of A and B restrictions of grounds, exterior, and interior of building.
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FIGURE 2
CLASSIFICATION LEVEL OF RESI'RICI'IONS
GROUNDS
A
B
F/Yd. Side Rear Accs.
Prke. L/Sp. Leht. Fence S/Bk. S/Bk. S/Bk. Bldg.
X X
X
X
Ext.
Matl. Roof Adds.
BUILDING EXTERIOR
A
B
Opgs. Addl.
Wnds./Door Story
X
X
X
Matl. Part. Ceil.
BUILDING INTERIOR
A X X X
13 X
FACADE
A
Ext. Opgs.
Matl. Roof Adds. Wnds./Door Paint
X X X
X
X
Excv.
Removal
ARCHEOLOGY
A X
KEY TO ABBREVIATIONS
Prkg.
L/Scp.
Lgt.
Fence
F/Yd. S/Bk.
Side S/Bk.
Rear S/Bk.
Accs. Bldg.
Ext. Matt.
Roof
Adds.
Opgs. Wnds./Dr
Addl. Story
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GROUNDS
- Parking
- Landscaping
- Lighting
- Fence
- Frontyard Setback
- Side Setback
- Rear Setback
- Accessory Building
BUILDING EXTERIOR
- Exterior Material
- Roof
- Additions
- Openings/Windows/Doors
- Additional Story
BUILDING INTERIOR
Matl.
Part.
Ceil.
FACADE
Ext. Matl.
Roof
Adds.
Opgs. Wnds./Dr.
Addl. Story
- Material
- Partition
- Ceiling
- Exterior Material
- Roof
- Additions
- Openings/Windows/Doors
- Additional Story
ARCHEOLOGICAL
Excv. Rem. - Excavation Removal
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SECTION 28A-5 - PROCEDURE FOR ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS. No person owning, renting or occupying a Landmark shall Alter,
Remove, Demolish, or provide for New Construction unless a Certificate of Appropriateness
has been issued by the Landmark Commission with respect to such change. This provision
shall also apply to the City of Corpus Christi and its boards, commissions, agencies, utilities,
and those companies or individuals furnishing telephone service, cable television, or other
utilities to the public. The following procedures shall apply to all changes of such
Landmarks in the City:
28A-5.01 Application. Any application to a Permitting Entity affecting an Landmark shall
also be deemed an application for a Certificate of Appropriateness, and shall be forwarded
to the Landmark Commission, together with copies of all detailed plans, designs,
evaluations, specifications, and documents relating thereto, within five (5) working days after
receipt thereof. An application for a Certificate of Appropriateness may be filed by the
Applicant directly with the Landmark Commission at the same time that an application for
a permit is filed. If no permit is required for the proposed change, the application for
Certificate of Appropriateness must be filed directly with the Landmark Commission. No
change shall be made in the application for any permit after issuance of a Certificate of
Appropriateness without resubmission to the Landmark Commission and approval thereof
in the same manner as provided for processing the original application.
28A-5.02 Review by Landmark Commission. The Landmark Commission will review the
application in accordance with the following procedures:
28A-5.02.01. Any applicant or Owner of a Landmark may request a pre -conference review
with the Landmark Commission on the proposed Certificate of
Appropriateness at the Commission's regular or special meeting.
28A-5.02.02. The Applicant is required to submit two (2) copies of all detailed documents
and drawings or the "contract documents" to the Building Official, which is
considered the application for a Certificate of Appropriateness. Any changes,
additions, or alterations of the original approved plans must be resubmitted
to and approved by the Landmark Commission.
28A-5.02.03. In considering to recommend approval or denial of an application for New
Construction, the Landmark Commission shall be guided by the U.S. Secretary
of the Interior's Standards for Rehabilitation of Historic Buildings and the
following criteria as they relate to surrounding improvements:
* Site and setting;
* Building height;
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* Proportion of openings;
* Rhythm of solids to voids of principal facades;
* Rhythm of spacing and buildings/structures on street;
* Relationship of entrance porch and other projections;
* Roof shapes;
* Continuity of walls;
* Scale of buildings;
* Signage;
* Auxiliary (site) design; and
* Views and vistas
28A-5.03 Approval. If the Landmark Commission finds that the proposed change will not
adversely affect any significant historical or aesthetic feature of the Landmark and is
appropriate and consistent with the spirit and purposes for preserving the improvement as
a Landmark, then the Landmark Commission shall issue a Certificate of Appropriateness.
28A-5.04 Disapproval. If the Landmark Commission finds that the change will adversely
affect any significant historical or aesthetic feature of the Landmark or is inappropriate or
inconsistent with the spirit and purposes for preserving the improvement as a Landmark, the
Landmark Commission shall disapprove the application and advise the Applicant and the
appropriate City official, in writing within thirty (30) days, after date of said application and
the Landmark Commission shall attempt to preserve the Landmark as follows:
28A-5.04.01. If the application for a Certificate of Appropriateness is disapproved by the
Landmark Commission, the Landmark Commission shall have the power to
impose and enforce a ninety (90) day waiting period from the date of its
notice of disapproval during which period the Landmark Commission shall
conduct negotiations with the Applicant and any other party in an effort to
find a means of preserving the Landmark.
28A-5.04.02. With respect to an application or order involving an Alteration or New
Construction, the Landmark Commission, the Applicant, and any Official shall
work together during the period to find a mutually agreeable method of
completing the proposed change.
28A-5.04.03. During the waiting period the Landmark Commission and the Applicant shall
continue discussions to find a method of preserving the Landmark, including
without limitation, the recommendation to the City Council that fee ownership
or a lesser interest in the Landmark in question be acquired by gift, devise,
purchase, eminent domain or otherwise, pursuant to the City Charter and
state and federal law.
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28A-5.04.04. If a means of preserving the Landmark is not agreed to by the Landmark
Commission and Applicant within the waiting period, the Landmark
Commission, upon the expiration of such waiting period, shall issue a
Certificate of Appropriateness with respect to the proposed change.
28A-5.05 Removal or Demolition. With respect to an Application for Removal or
Demolition, Section 28A-6 of this Ordinance shall apply.
28A-5.06 Notice of Approval. Upon issuance of a Certificate of Appropriateness, the
Landmark Commission shall give written notice of the issuance to the Applicant and
appropriate City official.
28A-5.07 No Action by Landmark Commission. If no action is taken by the Landmark
Commission on an application for a Certificate of Appropriateness within thirty (30) days
after receipt by the Landmark Commission, the Certificate of Appropriateness shall be
issued by the Landmark Commission.
28A-5.08 Appeal. Subject to state law, an appeal may be taken to the City Council from
any decision of any board, commission, committee, or other body. Such appeals shall be
perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days
from the rendition of the decision of the board, committee, or other body. Prior to the
institution of any appeal in a court of law by an aggrieved person from a decision of such
board, commission, committee, or other body, the appeal must first be perfected to the City
Council.
SECTION 28A-6 - REMOVAL OR DEMOLITION OF LANDMARK INCLUDING
PERMANENT LANDSCAPING.
28A06.01 Permit. A permit for the demolition or removal of a Landmark or permanent
landscaping of the Landmark shall require the following procedures:
28A-6.01.01 The Inspections Division shall automatically impose a sixty (60) day stay of
demolition/removal at the time a permit is requested unless public health,
safety, and welfare are threatened.
28A-6.01.02. The Landmark Commission shall grant or disapprove the demolition/removal
within sixty (60) days from the date of the demolition/removal request. If the
Landmark Commission recommends disapproval of the demolition/removal,
a maximum of a one -hundred twenty (120) day stay of demolition from the
initial date of request may be imposed by the Commission. The review
process should be a meaningful dialogue between the Landmark Commission
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and the property owner/applicant to discourage demolition/removal of the
property.
28A-6.02 Demolition/Removal. During the Landmark Commission approved stay of
demolition period, no demolition/removal permit shall be granted. At the end of the
aggregate period, the Building Official shall issue the necessary demolition/removal permit,
conditional on meeting applicable city building code as requested by the applicant.
SECTION 28A-7 - REMOVAL OR DEMOLITION OF POTENTIAL LANDMARK AND
PERMANENT LANDSCAPING.
28A-7.01 Permit. A permit for the demolition or removal of a Potential Landmark or
permanent landscaping recorded in the Corpus Christi Historical Site Survey shall require
the following procedures:
28A-7.01.01 The Inspections Division shall automatically impose a thirty (30) day stay of
demolition/removal at the time a permit is requested unless public health,
safety, or welfare is threatened.
28A-7.02.02 The Applicant for the permit will be advised to contact the Landmark
Commission, via the Planning Department, to schedule a meeting to discuss
the demolition/removal.
28A-7.02.03 After the meeting, if the applicant still desires demolition/removal of the
property, the Landmark Commission shall submit a letter, within two (2)
business days, to the Building Official releasing it from the stay of
demolition/removal.
28A-7.02 No Action By Landmark Commission. If the thirty (30) day time period ends
without final action by the Landmark Commission, the Inspections Division shall issue the
permit.
SECTION 28A-8 - ARCHEOLOGICAL SITES. All requests for Certificates of
Appropriateness shall be evaluated with respect to the criteria set forth in the U.S. Secretary
of the Interior's Standards for Rehabilitative of Historic Buildings. Archeological sites may,
at the discretion of the Landmark Commission, be identified by number to safeguard their
location.
SECTION 28A-9 - MAINTENANCE OR REPAIRS.
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28A-9.01 Ordinary Repair or Maintenance. Ordinary Repair or Maintenance of any
exterior architectural feature of any Landmark shall not be restricted by this Ordinance
unless it involves a change in design, material, color or other appearance. All Landmarks
shall be preserved against decay and deterioration and kept free from certain structural
defects by the Owner thereof or such other persons who may have legal custody and control
thereof.
28A-9.02 Emergency Repairs. If the Landmark Commission finds that there are reasonable
grounds to believe that a Landmark is structurally unsound or in imminent danger of
becoming structurally unsound, the Landmark Commission shall file a petition with the
Director of Community Development requesting that the Director proceed to require
correction of defects or repairs to any Landmark covered by this section so that such
Landmark shall be preserved and protected in accordance with the purpose of this
ordinance and the Building and Housing Standards Code.
SECTION 28A-10 - PUBLIC SAFETY HAZARDS AND EMERGENCY SECURING
MEASURES.
28A-10.01 Notice. All city departments, boards, and commissions shall notify the Landmark
Commission in writing whenever a structural analysis report has been completed for a
Landmark or Potential Landmark recorded in the Corpus Christi Site Survey by Code
Enforcement Officials of the City which indicates the Landmark or Potential Landmark is
structurally hazardous and warrants demolition. Notification to the Landmark Commission
shall be ten (10) business days prior to acting on such property by means of public hearing
or contracting for demolition of structure. Upon notification to the Landmark Commission
of a structural analysis report for a Landmark or Potential Landmark which warrants
demolition, a thirty (30) day stay of demolition shall be imposed in order to allow the
Landmark Commission time to act in protecting the Landmark or Potential Landmark.
28A-10.02 Emergency Securing Measures. Such Landmark or Potential Landmark may be
secured by means of boarding up, fencing up, or other protecting methods, excluding
demolition or structural modification to the Landmark or Potential Landmark, as to
preclude the possibility of injury to the public. After notice of a public safety hazard or
following emergency securing measures of the Landmark or Potential Landmark, the
Landmark Commission will meet with City officials or authorized City commissions/boards
desiring demolition of the Landmark or Potential Landmark to review its condition and
develop plans for rehabilitation. If no feasible scheme for further protection of the
Landmark is developed within thirty (30) days from the initial demolition order, the
Landmark Commission shall issue a Certificate of Appropriateness to demolish the
Landmark
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28A-10.03 Demolition for Public Safety. The Director of Community Development, the
Building Official, the Director of Public Health, or the Fire Official may demolish a
Landmark or Potential Landmark that cannot immediately be secured or may make
structural modifications to the Landmark or Potential Landmark for the purpose of
protecting the public from immediate injury or danger. Demolition or structural
modification shall be in accordance with state law and the City of Corpus Christi Code of
Ordinances.
SECTION 28A-11 - PRESERVATION PLAN.
28A-11.01 Preservation Plan. The Landmark Commission shall prepare a Landmark
Preservation Plan hereinafter referred to as the "Preservation Plan," which shall:
28A-11.01.01.
28A-11.01.02.
Identify and catalog buildings, structures, sites, districts, areas, lands
and other objects of special architectural, historical, archeological or
cultural value, as Landmarks or Potential Landmarks, along with
statements of fact which verify their significance;
Establish criteria to be used in determining whether certain buildings,
structures, sites, districts, areas, lands and other objects should be
designated as Landmarks pursuant to the Zoning Ordinance;
28A-11.01.03. Establish guidelines to be used in the determination of whether to
grant or deny Certificates of Appropriateness;
28A-11.01.04. Formulate a program for private and public action which will state the
role of various private and City agencies in preservation of Landmarks;
28A-11.01.05. Suggest sources of funds for preservation and restoration activities and
acquisitions, to include federal sources, state sources, private and
foundation sources; and
28A-11.01.06.
Recommend to the proper agencies and property owners incentives
and use plans designed to encourage historical and cultural
preservation and to promote the economy through such preservation
and uses.
28A-11.02 Approval. The Preservation Plan shall be presented to the Planning Commission
and City Council, for approval, as a component of the City Comprehensive Plan.
93N1-12889.008.ak
16
28A-11.03 Review. The Landmark Commission shall annually review the Plan and make
recommendations for amendments, as deemed necessary, to the Planning Commission and
City Council.
28A-11.04 Designation. The Planning Commission and City Council may designate a
Landmark prior to formal insertion of such site, structure, or object as a future Landmark
in the Preservation Plan.
SECTION 28A-12 - PENALTIES.
28A-12.01 Changes Prohibited. It shall be unlawful to make any changes to any Landmark,
in violation of the provisions of this ordinance, and the City, in addition to other remedies,
may institute any permissible action or proceedings to prevent such unlawful change,
alteration, removal, demolition, or new construction and to restrain, correct or abate such
violation, or to prevent any illegal act, business or maintenance in and about such premises.
28A-12.02 Deterioration. If an owner allows a Landmark to deteriorate to the extent it has
to be demolished as a public safety hazard, as determined by the Building Standards Board
after all proper notifications have been presented to the Owner by the Director of
Community Development, no application for a permit for a project, nor for a curb cut
needed for the operation of a surfaced or unsurfaced parking lot may be considered for a
period of twelve (12) months from the date of Demolition of the Landmark.
28A-12.03 Exceptions. If there exist exigent circumstances, including but not limited to,
bankruptcy, foreclosure by a lending institution, or similarly situated forced change in
ownership of the Landmark, for which this ordinance prohibits the issuance of a permit for
the period following demolition, any owner may seek the recommendation of the Landmark
Commission for approval by the City Council to issue the requested permit; and
28A-12.04 Penalty. Any person, firm, or corporation violating any provision of this article
shall be guilty of a misdemeanor and upon conviction of any such violation shall be
punishable by a fine not to exceed one thousand dollars ($1,000) and not less than seventy-
five dollars ($75.00). A separate offense shall be deemed committed each day during or on
which an offense occurs or continues. If Demolition of a Landmark occurs without a permit,
then any permits (including permits allowing a curb cut) on the subject property will be
denied for a period of twelve (12) months from and after the date of such Demolition.
SECTION 28A-13 - VARIANCES, SPECIAL EXCEPTIONS. All applications received by
the Board of Adjustment for variances or exceptions affecting a Landmark shall be provided
to the Landmark Commission. The Landmark Commission may comment to the Board of
93NH2889.008.ak
17
Adjustment on such applications, and may, with the approval of the City Council, appeal any
Board of Adjustment decision as provided by law.
SECTION 28A-14 - REMOVAL OR AMENDMENT OF DESIGNATION. The designation
of a Landmark may be amended or removed using the same procedure provided by this
Article for its designation. Whenever a designated Landmark has been demolished or
removed, in whole or in part, the Landmark Commission shall recommend to the Planning
Commission whether the HC Classification should be retained or repealed.
SECTION 2. 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.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi by publishing the caption stating in substance the purpose of the
ordinance, this ordinance to become effective upon such publication.
93NH2889.008.ak
That the foregoing ordinance was read for the first time and passed to its second reading on this
the 'i day of K »(:. C , 19 (t 5 , by the following vote:
Mary Rhodes
Cezar Galindo
Betty Jean Longoria
r
Edward A. Martin
Dr. David McNichols
Clif Moss
Mary Pat Slavik
Ll r
LLL
That the foregoing ordinance was read for the lecond time and passed to its third reading on
this the (, day of afift,tL , 19 5, by the following vote:
Mary Rhodes
Cezar Galindo
Betty Jean Longoria
That the fore
day of
COL y
U
Edward A. Martin
ittiotdcannb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
ablarAmt-
IV a
oing ordinance was read for the third time and passed finally on this the
'� , 19 N 3, by the following vote:
Mary Rhodes
Cezar Galindo
tooldlaiiiik
Betty Jean Longoria
(Mo
�
Edward A. Martin
Dr. David McNichols
Clif Moss
L�
011
PASSED AND APPROVED, this the '2"1 day of PcitlAst , 19 Ci ?
City Secretary
21
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED/AdaY OF // 1O:
JAMES R. BRAY, JR., CITY ATTORNEY
By
Assistant City Attorney
021641
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 82415
PO#
Before me, the undersigned, a Notary Public, this day personally
came Connie Haralson, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant of
the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021641 AMENDING THE ZONING
ORDINANCE BY AMENDING ARTICLE 28A -"HC" HISTORICAL -CULTURAL which
the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 3rd day(s) of May, 1993.
One Time(s)
$ 30.40
ee>td-Le..-1
�J
Business Office Administrative Assistant
Subscribed and sworn to before me this 14th day
of May, 1993.
Notary Public, Nuece County, Texas
NOTICE OF PAf)µ4t
OF ORDINANCE 114 02 184 1
AM_N6Mp nit ZONING OR-
DINANCE Ey
AMENDING
ARTICLE aA-`HC' HISTORI-
PRES�ATII N, BY N DELET-
ENTIRETY
SAID AARTL ICE IN ITS
ENTIRETY AND SUBSTITUT-
ING THEREFORE A NEW f
ARTICLE 28A.
The ordinance was passed
and approved by the City ti
Council of the City of Corpus o
Christi on the h day of o
April, 1993." C
/s/ Armanglo Chapa "
City Swaim(ti.,
City of CorRps Si
AL3
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 48067
PO#
Before me, the undersigned, a Notary Public, this day personally
came Connie Haralson, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant of
the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of "HC" HISTORICAL/CULTURAL LANDMARK DISTRICT TEXT AMENDMENT TO
THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS which
the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 14th days of March, 1993.
One Time(s)
$ 73.60
J
Business Office Administrative Assistant
Subscribed and sworn to before me this 26th day
of March, 1993.
Notary Public, ueces County, Texas
EDNA KOSTER
Notary Public
State of Texas
My Comm. Exp. 11-30-96
CO _i
"1-1C" NISTONCAL/CUL-
TURALLANDMARK
DISTRICT TEXT AMEND-
MENT TO THE ZONING
ORDINANCE OF THE CITY OF
CORPUS CHRISTI, TEXAS
• Notice is hereby given in
accordance with the law that
the of Corpus
C istiitwilirc ondluct a, public I
4 hearingl on Tuesday Match t
,� 30, 1993, during a Regular -
t City Council Meeting which
commences at 2:00 p.m. in
rthe City Council Chambers,
City Hall, 1201 Leopard
L Street, to consider the follow-
ing zoning text amendment of
which said text is on fib in the
jDepartment of Planning and
., Developmem. At said time
and place of hearing, all per-
, sons and parties interestedtimCity
may appear beforev
Council. tl
9 The following zoning text tl
amendment to be considered
f are as follows: DeletingHoo-
a CuRuM end c n9 it
0 with new atimprehilealve
Article- 28A
cal/Cultural District. T
ordinance includes regulations
t for designating historical land-
marks
and provides for ,
special review procedures af-
t ter designation. ob-
Information may be
twined by calling the Planning
8Department
at80-3560, or visiting
the
Planning Depart/Cat 1201
Leopard Street.. -��
cretary
r