The URL can be used to link to this page

Home My WebLink About025534 ORD - 10/21/2003Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 20, "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, BY ADDING SUBSECTION 20-3 OBJECTIONABLE USE; AUTHORIZING STORAGE OF EXPLOSIVES USED FOR PERFORATING OR FRACTURING (FRACING) OIL & GAS WELL CASING ONLY UPON APPROVAL OF THE ZONING BOARD OF ADJUSTMENT AND ISSUANCE OF FEDERAL EXPLOSIVES PERMIT AND CITY FIRE MARSHAL PERMIT; PROVIDING FOR SEVERANCE; 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, September 24, 2003, during a meeting of the Planning Commission, and on Tuesday, October 14, 2003, 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 20,"1-2" Light Industrial District Regulations, by adding a new Subsection 20-3 Objectionable Use and renumbering former Subsection 20-3 et seq., to read as follows: "ARTICLE 20. LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the reguJations in the "1-2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or Iow buildings with off-street loading and off-street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-30biectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi1 be located in the "1-2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adiustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not H:\LEG~D~R\D~y~eD.Curtis\MYD~CS~2~3\P&Z~RD~3~ning~rd\D~YLEC~2~3\Sec2~3~bjUse.DC~825~3~rd~d~c Page 2 of 4 permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (1) The storage of explosives used for perforatinq or fracturing (fracing) oil and gas well casinq, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 30 3 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-4-20-5 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20 5 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 29 ~.0! 20-6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-lA', "R-lB", "R-2", "A-I", "A-IA", or "A-2" residential district. 20 5.--.2 20-6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-IA", "R-1B", "R-2", "A-I", "A-lA", or "A-2" residential district. 20 ~.03 20-6.03 Whenever any building in the "1-2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. ~ 20-6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1-2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. (1) A Farm-Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. H:\LEG-DIR\DoyleD Curtis\MYDOCS~2003\P&ZORD03~oning ord\DOYLEC~003\Sec20_3.ObjUse. DC082503,Ord.doc Page 3 of 4 Section 29 ~ 20-7 Supplementary height and area regulations are contained in Article 27. SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, 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 3. 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. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. 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. Page 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the14 th day of October 2003, by the following vote: Samuel L. Neal, Jr. ('~ ~ William Kelly Brent Chesney ~ Rex A. Kinnison /1 Javier D. Colmenero ~/.~ Jesse Noyola Melody Cooper ~ Mark Scott Henry Garret (~tJ~ ~ d - That the foregoing or inance was read for the second time and passed finally on this the 21 st day of October 2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret William Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the 21 st day of October 2003. A r rn/a ~d~ '~'h-~ p a City Secretary Mayor, The City of Corpus Christi ^Ff°w .°L,- ~)oyte [~¢t~rt is - Chief, AdCninistrative Law Section Senior Assistant City Attorney For City Attorney H:\LEG-DIR\DoyleD.Cudis\MYDOCS~2003\P&ZORD03~oning.ord\DOYLEC~003\Sec20-30bjUse. DC082503.Ord doc ~at~of Texas i~ou..,..fity of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4709882 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager 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, 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(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 27TH day(s)of OCTOBER, 2003. $115.37 TWO (2 } Time(s} Credit Manager Subscribed and sworn to me on the date of OCTOBER 28, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Caller-Times, Monday, October 27, 200& OF ORDINANCE(S): NO. 025536, by changing the zoningI map in reference to Lot 1, Yarbrough Addition from "R-lB" One- Family Dwalling Distdct to "B-1 · Neighborhood Business District; amending the Conrprehensive Plan I e x i s t i n g Comprehensive Plan. NO. 025534, by revising Article 20, "1-2" Light Industrial District regulations by adding Subsection 20-3 Objectionable Use; perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning I Board of Adjustment and issuance of Permit and City Fire Marshal Permit. by the City Council of the City of Corpus ! Christi on October 21, 2003. /s/Armando Chapa City SecretaP/