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Home My WebLink About022597 ORD - 06/11/1996AN ORDINANCE AMENDING THE ZONING ORDINANCE, BY AMENDING ARTICLE 3, DEFINITIONS BY INCLUDING SEX PARLORS AND DELETING MASSAGE PARLORS IN THE DEFINITION OF SEXUALLY ORIENTED BUSINESS; BY AMENDING ARTICLE 14A, "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT BY DELETING SEXUALLY ORIENTED BUSINESS AS AN EXCLUDED USE IN THE "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT; BY AMENDING ARTICLE 21, "I-3" HEAVY INDUSTRIAL DISTRICT BY ADDING SEXUALLY ORIENTED BUSINESS AS A PERMITTED USE IN THE "I-3" HEAVY INDUSTRIAL DISTRICT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendments 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 Wednesday, March 6, 1996, during a meeting of the Planning Commission and on Tuesday, March 19, 1996, during a meeting of the City Council, 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 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, Article 3, Definitions, Section 3-1 is hereby amended as follows: ARTICLE 3. DEFINITIONS Section 3-1 3-1.54.1 Sexually Oriented Business. Sex Massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store,adult motel or other commercial enterprise the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. 96NH2830.202 3-20-96 022597 2 SECTION 2. That the Zoning Ordinance, Article 14A, "BD" Corpus Christi Beach Design District, Section 14A-2.01, Excluded Uses, is hereby amended as follows: Section 14A-2.01. Excluded Uses. The following and similar uses are specifically excluded: (1) (2) (3) (4) (5) Outdoor storage; 1.5)(-63 Athletic fields; L)(-9 RV and mobile home sales and storage/RV parks; (7)( 8) Tire sales; (8)( 9) Car washes; and (9)(10)Veterinarian clinics. Auto sales, service and repair; Service stations; Hospitals, nursing homes; SECTION 2. That the Zoning Ordinance, Article 21, "I-3" Heavy Industrial District Regulations, Section 21-2, Use Regulations, is hereby amended as follows: ARTICLE 21. "I-3" HEAVY INDUSTRIAL DISTRICT REGULATIONS Section 21-2 Use Regulations. A building or premises shall be used only for the following purposes: Unclassified Uses Airports and landing fields Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are met: (1) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cars or parts; and (3) The occupant of such area must comply with all laws, ordinances, and regulations having to do with health, welfare, and safety. The screening requirement must be met by the location and maintenance of a fence, shrubbery, or any reasonable substitute. However, where any part of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighboring industrial use or uses or any other condition, no additional screening shall be required for such part so long as such condition shall continue to serve said purpose. No advertising shall be allowed on said screening fences. Bag cleaning Coal pocket Junk and salvage storage, treatment, or baling (metal, paper, rags, waste, or glass) 96NH2830.202 3-20-96 3 Railroad switching and classification yard, roundhouse, repair and overhaul shops Oils, vegetable and animal (non -edible) and storage Paint, lacquer, shellac, and varnish (including colors and pigments, thinners, and removers) Roofing materials, building paper, and felt (including asphalt and composition) Salt tanning materials and allied products Sexually oriented business Tar products (except distillation) SECTION 2. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 3. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. 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. 96N112830.202 3-20-96 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the (A day of WV( Vk , 19 4'((j , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels MD Betty Jean Longoria John Longoria Edward 4. Martin Dr. David McNichols That the foregoing ordinance was read for the second time and passed finally on this the 1 k day of J(kK,( , 19 0 , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols PASSED AND APPROVED, this the 11 day of ATTEST: OZZIG-x— Armando Chapa, City SecreVry MAYOR THE CIT ,1- x(,11__ , 1996. APPROVED THIS 20TH DAY OF MARCH, 1996: JAMES R. BRAY, JR., CITY ATTORNEY bert J. Hart, ACity Attorney 96N112830.202 3-20-96 022597 CORPUS CHRISTI PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 676103 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. 022597 which the annexed is a true copy, was published in the Corpus Christi Caller-Timeg on the 17TH day(s) of JUNE. 1996. ONE (1) Time(s) $ 49.95 a,pnp ‘1111,100,,,,, • Z sPm s �. ` CONNIE HARALSON Print or Type Name of Notary Public Vice -President and Chief Financial Officer Subscribed and sworn to before me this 26TH day of JUNE. 1996. Notary Public, Nueces County, Texas My commission expires on 5/14/97. 8 C)