HomeMy WebLinkAbout023905 ORD - 01/11/2000AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 13, B-
2A BARRIER ISLAND BUSINESS DISTRICT AND SECTION 27B-
7.01.C. RELATING TO USES ALLOWED IN THE DISTRICT AND
STREET YARD REQUIREMENTS; PROVIDING FOR SEVERENCE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 27, 1999, during a meeting of the Planning Commission, and on Tuesday,
December 14, 1999, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this 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 of the City of Corpus Christi, Texas, is
amended by revising Article 13, B-2A Barrier Island Business District, to read as follows:
"ARTICLE 13. "B-2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS
"Section 13-1 The regulations set forth in this article, or set forth elsewhere in this
Ordinance when referred to in this article, are the regulations in the "B-2A" Barrier
Island Business District. This district provides for a wide variety of business,
commercial, and indoor/outdoor amusement uses which reflect the character of a resort
area. Certain conditions shall be imposed which will preserve the characteristic nature
of a barrier island of scenic and economic importance to the City. Except as provided
b~v Section 13-2, this Th!__. district prohibits outdoor storage of any good.~,~ .......
"Section '13-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(1)
Any use permitted in the "A-2" Apartment House District.
"(2) Aquarium.
"(3)
Auditorium or gymnasium, or other amusement place in an
enclosed building.
023905
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"(20)(25)
All outdoor signs shall be used to advertise the principal business
or activity conducted on the premises. No portable signs are
permitted. No sign shall be permitted regardless of size, which
revolve, move, flash, or make noise. No agency of the City of
Corpus Christi may grant a variance, exception, or take any action
which would permit a sign to be erected in excess of the size
provided herein or different from the provisions contained herein.
"a) Freestanding Signs
One freestanding sign shall be permitted on a site not
exceeding sixty (60) square feet in area, thirty (30) feet in
height or project above the roof line, and shall not occupy
the required twenty (20) foot front yard. For a site with more
than five hundred (500) feet of frontage, measured along the
longest street, an additional freestanding sign not exceeding
sixty (60) square feet may be permitted.
"b) Wall Signs
"All wall signs shall be attached flat against the wall, shall not
project more than eighteen (18) inches from the wall and
shall not project above the roof line of the building. No sign
shall exceed one hundred (100) square feet, except that for
each one (1) foot of lot frontage in excess of one hundred
(100) feet, one (1) additional square foot of sign area shall
be permitted, provided the total sign area on one lot(s) shall
not exceed one hundred fifty (150) square feet.
"c) Wall Signs (Shopping Centers)
"Each tenant may erect, on the face of the building, or hang
from a canopy or overhang, one (1) square foot of sign for
each front foot of tenant space that is occupied by the same
tenant. No additional freestanding or temporary signage is
permitted.
"d)
Banners not exceeding twenty (20) square feet may be
permitted for a period not to exceed thirty (30) days from the
time of certificate of occupancy.
"e) Commercial Real Estate Signs
"Any lot or other area greater than one lot under one
ownership may erect one (1) sign on each street frontage,
setback from the front property line twenty (20) feet and shall
not exceed sixteen (16) square feet.
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"(21)(26)
"(22)(27)
"(23)(26)
"(2-I)(28)
"(25)
Theater or amphitheater.
Veterinary clinics, but no open kennels shall be permitted.
Accessory buildings and uses, except the outside storage and
outside sales area are not permitted.
Promotional events, subject to the special conditions set forth in
Article 27A, Section 27A-2 of this Ordinance.
"Section 13-3 Parking Regulations. The parking regulations for permitted uses are
contained in Article 22.
"Section 13-4 Off-street Loading Regulations. The off-street loading regulations for
permitted uses are contained in Article 23.
"Section 13-5 Height and Area Regulations. The height and area requirements shall
be as set forth in the chart of Article 24, and in addition, the following requirements
shall apply:
"13-5.01 Except as authorized in Section 27B-9.A.1, no Ne=building, fence,
structure, or sign shall be permitted in front yard area as set forth in
Article 24.
"Section 13-6 Supplementary height and area regulations are contained in Article 27.
"Section 13-7 Access Restrictions. No direct access to a local street is allowed,
except for uses permitted in the "A-2" Apartment House District."
"Section 13-8 Screening Requirements
"13-8.01
Any buc,~ss-use, other than a use authorized in an A-2 Apartment
District, if adjacent to a local street, shall include a twenty foot
landscaped setback area with '-'--'*; .......
a ............ six foot stucco finish
fence, described in § 13-8.03, "*v. _.."" ..v.,~ ..... *""",~..~ behind the
landscaped setback area. ~''''~' ~ .... ;- '~'~-~"""'~ "- -* .....
(A) The stucco fence shall extend the width of the lot and for a distance
of fifteen (15) feet along the side lot lines.
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(B) The remainder of the side lot line must be fenced with either a
"13-8.02
stucco fence of the same design or a standard six (6) foot wood
screening fence.
If any use, other than a use authorized in an A-2 Apartment District,
is adiacent to a lot that has access only to a local street, then the
rear lot line must be fenced with either a stucco fence as described
"13-8.03
in § 13-8.03 or a standard six (6) foot wood screening fence.
The six (6) foot stucco finish fence must be of an ivory tone and
designed as stucco plaster on one of the following:
(A)
(B)
Concrete masonry units,
%" or greater cement board and treated wood structure, or
(C) Pre-cast panels and concrete columns.
"13-8.04
The following uses must be screened along the front lot area and
for a distance of fifteen (15) feet along the side lot lines with a
stucco type fence described in Section !3 8.0! 13-8.03, The
remainder of the side lot lines and the rear lot lines adioininq lots
that only have access to a local street, must be fenced with either a
stucco fence of the same design or a standard wood screening
fence:
(A)
Boat and RV storaqe, including outdoor boat and RV
storage.
(B) Mini-storaqe, enclosed.
"Section 13-9 Landscaping Requirements
"13-9.01
The andscap ng requirements are in Section 27B-7.01C.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Section 27B-7.01.C. to read as follows:
Z13B2AR4.doc
"Section 27B-7 - Requirements for All Street Yards:
"27B-7.0~1
The following landscape requirements shall be achieved for each
respective zoning category, except for single and two-family
dwellings, schools, colleges, churches, public buildings, public and
private parks, golf courses, and other similar public and semi-public
uses. Required landscaping for the above uses, excluding single
and two-family dwellings, in any zoning district shall be achieved
per Section 27B-9.A.3.
'C.
"B-2," "B-2A" ZONES
"1.
In a B-2, the ;Pp~minimum required landscaped area
is either 80 percent of the entire area within the
required front yard setback or 100 percent of the front
yard setback area exclusive of driveway approaches,
whichever is the less. The area shall be landscaped
with plant material to achieve a minimum of 0.15
points per square foot of the area within the required
front yard setback. The area within the remaining
street yard is required to have a minimum of 15
percent landscaped area and shall achieve a
minimum of 0.02 points per square foot of the
remaining street yard. Each of these landscape areas
and point requirements shall be calculated and
complied with separately.
"2. In a B-2A district for any use other than a single or
two family dwellin¢~, if the lot does not abut a local
street, the minimum required landscaped area is
either 80 percent of the entire area within the required
front yard setback or 100 percent of the front yard
setback area exclusive of driveway approaches1
whichever is the less. The area shall be landscaped
with plant material to achieve a minimum of 0.15
points per square foot of the area within the required
front yard setback. The area within the remaining
street yard is required to have a minimum of 15
percent landscaped area and shall achieve a
minimum of 0.02 points per square foot of the
remaining street yard. Each of these landscape areas
and point requirements shall be calculated and
complied with separately.
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In a B-2A district any use other than a single or twn
family dwellinq, ~f __, ....... o the lot abuts a local
street, shall include a twenty foot landscaped setback
area with a """*; ....... ' ¢'";"~' type
............ slx foot stucco
fence, required by Section 13-8, v .... ' .....
behind the landscaped setback area. The minimum
required landscaped area is 100 percent of the entire.
area-between ~the riqht-of-way line and
the required stucco type fence. The area shall be
landscaped with plant material to achieve a minimum
of 0.20 points per square foot of the area between the
side yard property lines, the fence and the local street
right-of-way. A canopy trees listed in Section 27B-
14.03 shall be planted in the desiqnated landscape
areas every 30 feet on center."
SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by adding a new subsection 27B-14.03 to Section 27B-14 to read as follows:
Section 27B-14 Preferred Plant List.
Landscape plants have been classified for local desirability according to the amount of
litter they produce, their ability to withstand prevailing winds, compatibility with overhead
and underground utilities and have been proven locally. It is important to note that not
all of these plants can be used throughout the Corpus Christi area. Specific plant
selection should be made after a thorough analysis of each site considering prevailing
wind, salt spray, soil type and hydrology, shade or sun situation and size of plant at
maturity. Plants qualified for inclusion in the Preferred Plant List are as follows:
27B-14.03. Canopy Trees
Scientific Name
Common Name
Carya illinoensis
Pecan
Casuarina cunninghamiana
Cupressus arizonica
Australian Pine
Arizona Cypress
Ehretia anacua Anaqua
Fraxinus berlandieriana Mexican Ash
Fraxinus velutina Arizona Ash
Ilex decidua
Possumhaw Holly
ZI3B2AR4.doc
Melia azedarach "umbraculaformis"
Texas Umbrella Tree
Pinus eldarica
Pithecellobium flexicaule
Prosopis spp.
Quercus virginiana
Sapindus drummondii
Taxodium distichum
Ulmus crassifolia
Ulmus parvifolia
Afghan Pine
Texas Ebony
Mesquite
Live Oak (nursery grown)
Western Soapberry
Bald Cypress
Cedar Elm
Chinese Evergreen Elm
SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by adding a definition for "mini-storage, enclosed", as subsection 3-1.48.4, to
read as follows:
"ARTICLE 3. DEFINITIONS
"Section 3-1 Words used in the present tense include the future, words in singular
number include the plural number, and words in the plural number include the
singular; the word "building" includes the word "structure;" the word "shall" is
mandatory and not directory. In the interpretation of this Ordinance and none
other certain terms and words are hereby defined as follows:
"3-1.48.4 Mini-storage, enclosed. Temporary storage of personal goods for holding or
safekeeping in a depository, containing individual or separate bays not exceeding three
hundred (300) square feet in area. Such storaqe buildinq or buildings shall not exceed
one (1) story in heiqht.
SECTION 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 6. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
Z13B2AR4.doc
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SECTION 7. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 8. 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 9. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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That the foregoing or(~i~'~.nce was rea~p~o[ th.e~ first ~me and passed to its second
reading on this the \u~'¥~'~l?~o,f. ~ ~99, by the following vote:
Samuel L. Neal, Jr. ~/t-,L4~ ~ Rex A. Kinnison
Javier D. Colmenero ~ ~ BeVy Jean Longoria
Melody Cooper ~_~ . John Longoria
Hen~ Garre~ ~_~ Mark Sco~
That th~Joreooin~ ordinance was read fo tho second time and passod finally on this
Javier D. Colmenero ~ BeVy Jean Longoria
Melody Cooper ~ ~ John Longoria
Henry Garrett / ~L,~,~, Mark Scott
Dr. Arnold Gonzales / .,L~x,v--~
PASSED AND APPROVED, this the ~_~"day of--0~1
ATTEST:
City Secretary
APPROVED: '~./-4 .dayof ['~c~_,,,~e,,- ,1999:
,1999.
Mayor, The City of Corpus C~risti
James R. Bray, Jr., City Attorney
By: ,,~,~,~
R.,,J~y~e~
A~sist~nt City Attorney
023905
ZART13B2A.DOC
PUBLISHER'S AFFIDAVIT
State of Texas }
County of Nueces }
SS:
CITY OF CORPUS CHRISTI
Ad # 3294603
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 City and State, generally
circulated in Aransas, Bee, Brooks, Duval, dim Hogg, dim 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. which the annexed is a true copy, was inserted in the Corpus Chffsti Caller-
Times and on the World Wide Web on the Caller-Times Interactive on the 17TH
~ C,,,___~,,,_'
Js~s~/~L 200~
Vice-President and Chief Financial Officer
TWO (2) Time(s)
NOTICE OF PASSAGE
OF ORDINANCE NO.
023905
Amending the Zoning
Ordinance by revising
Anicle 13, 'B-2A" Barrier
Island Business District
and Section 27B-7.01 .C.
relating to uses allowed
i~ the District and street
ordinance was Imissed
and appreved by the City
Council of the City of
Corpus Christi on
January 11, 2000.
/s/Armando Chapa
City Secretary
City of Corpus Christi
Subscribed and sworn to me on the date of
JANUARY 18, 2000.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.