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HomeMy WebLinkAbout024603 ORD - 09/25/2001AN ORDINANCE IMPOSING A TEMPORARY SiX MONTH MORATORIUM ON THE REQUIREMENT TO CONSTRUCT A SlX FOOT HIGH MASONRY FENCE WHEN A "B-IA" NEIGHBORHOOD BUSINESS DISTRICT ABUTS A RESIDENTIAL DISTRICT IN SECTION 12A-9.4 OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission and City Council are considering amending Section 12A-9.4 of the Zoning Ordinance of the City of Corpus Christi, Texas, to change the requirement to construct a six foot high masonry fence when a "B-lA' Neighborhood Business District abuts a residential district to a requirement to construct a standard six foot screening fence; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there is a moratorium on the enforcement of the following regulation in Section 12A-9.4 of the Zoning Ordinance of the City of Corpus Christi, Texas, for six months. "Section 12A-9 Supplementary Site Design Regulations '12A-9.4 A six (6) foot high masonry fence shall be required along the rear property line where abutting a residential district. A standard screening fence with a height of not less than six (6) feet shall be required along the side property lines where abutting a residential district. A screening fence is not required across street or drainage rights-of-way." SECTION 2. Any property that is rezoned to a "B-lA" Neighborhood Business District during the period when there is a moratorium on the enforcement of Section 12^-9.4 must construct a standard six (6) foot screening fence when the lot abuts a residential district. SECTION 3. 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 4. 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. R12838A3.wpd 2 SECTION 5. This ordinance goes into effect on this the 25th day of September. 2001. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 25th day of September, 2001. ATTEST~ Armandl5 Chapa ~_~ City Secretary THE CITY OF CORPUS CHRISTI Mayor APPROVED: This 21th day of September, 2001: James R. Bray, City Attorney R. ,~(y/B'~ining / First A%sistant City Attorney R 12838A3,wpd 3 Corpus Christi, Texas 25th day of September, 2001 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott R12838A3.wpd