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Home My WebLink About027266 ORD - 05/15/2007Page 1 of 4 AN ORDINANCE AMENDING CHAPTER 53 "TRAFFIC," ARTICLE IX "VISION AND PASSAGE OBSTRUCTIONS," SECTION 53-263 "OBSTRUCTING STREET AND SIDEWALK TRAFFIC, AND PUBLIC RIGHT-OF-WAY GENERALLY," OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI AND CHAPTER 59 "ZONING," ARTICLE 33 "SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES," SECTION 33-1.02.06 "EXEMPT SIGNS" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE AN EXEMPTION FROM REGULATION FOR CERTAIN A -FRAME SIGNS IN THE DOWNTOWN AREA; PROVIDING FOR SEVERANCE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY WHEREAS, the conditions in the downtown area are unique in the City of Corpus Christi, in that many of the buildings are constructed to the lot line, leaving no setback from the public right-of-way; WHEREAS, the conditions in the downtown area make advertising difficult for proprietors in the downtown area; WHEREAS, the use of non -illuminated sandwich board signs or A -frame signs at appropriate locations and under appropriate conditions reasonably accommodates the needs for proprietors to advertise; WHEREAS, the use of such signs at appropriate locations and under appropriate condlions may be exempt from other regulations; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 2, 2007, during a meeting of the Planning Commission, and on Tuesday, May 15, 2007, 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 WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the proposed text amendment to the City of Corpus Christi Zoning Ordinance; and WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THBREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: H^,LEG-DIR\Shared\GarySlagenda\200715-15\Crd-exempt downtown signs emergency.doc r272 6 Page 2 of 4 SECTION 1. Chapter 53 "Traffic," Article IX "Vision and Passage Obstructions," Section 53-263 "Obstructing street and sidewalk traffic, and public right-of-way generally" of the Code of Ordinances is amended to read as follows: Sec. 53-263. Obstructing street and sidewalk traffic, and public right- of-way generally. (b) There is excepted from this section: (6) A sign defined by 33-1.02.06(b) of the Zoning Ordinance. SECTION 2. Chapter 59 "Zoning," Article 33 "Supplemental Sign Regulations, Permits, Plats and Filing Fees," Section 33-1.02.06 "Exempt signs," of the Code of Ordinances is amended to read as follows. Sec. 33-1.02.06. Exempt signs. (a) On -premise directional signs for entrance and exit, menu boards and directory boards are exempted from the regulations of the zoning ordinance. Menu boards and directory boards shall only communicate to the on -premises public. Placement of menu boards and directory boards should be to the interior of a site so that they are not clearly visible and legible from the exterior of the property. Such boards are not regulated, as to the sign area, number and height calculations. (b) Non -illuminated sandwich board signs or A -frame signs conditioned as follows: (1) Located in the area bounded by Shoreline Drive, Park Street, Tancahua Street, Highway 181, Mesquite Street, and Fitzgerald Street, (2) One sign per building per street front for businesses occupying a zero -lot line building (multi -tenant buildings are allowed one sign per tenant). (3) Not exceeding four feet tall and two feet wide, (4) When placed on the public sidewalk within two and one-half feet, at its most distant point, from the building's wall, leaving a minimum free and clear passage on the sidewalk of at least sixty inches, or placed within two and one-half feet, at its most distant point, from the back of the curb leaving a minimum free and clear passage on the sidewalk of at least sixty inches, H:\LEG-DIR\Shared\GaryS\agenda200715-15\Drd-exempt downtown signs emergency070515.doc Page 3 of 4 (5) Not otherwise creating or causing a visual obstruction as defined by Article IX, Chapter 53 of the Code of Ordinances, and (6) Displayed during the business hours of the business utilizing the sign and must be removed from the sidewalk by 2 a.m. each day and not be placed on the sidewalk before 6 a.m. each day. 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 definke 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. 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. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this -15th day of May 2007 ATTEST: Armando Chapa City Secretary APPOVED: May 10, 2007 G ry . Smith Assistant City Attorney For City Attorney CITY QF CORPUS CHRISTI Henry Garr Mayor, City of Corpus Christi H:\LEG-DIR\Shared\GaryS\agenda\2007\5-151Ord-exempt downtown signs emergency.doc Page 4 of 4 Corp Christi, Texas1` day of 1 E� 2007 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. r Ilte 41/4 H ny Garre Mayor, City 'f Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H \LEG-0IR\Shared\GaryS\agenda12007\5-15\Ord-exempt downtown signs emergency.doc '"�7'16 Sk-ne 1 Fexas ,t1Niacc, PUBLISHER'S AFFIDAVIT (JTY Or CORPUS CHRISTI Ad ,t 5743341 Po F3ct=ir ie, tIi signed a. ,tary Public. this day personally came CRIS ilt5RTADO, wri( hi-itig first Auk swort,, a,vording to law, says that she is 1-2,(A1 SALESi-1-4_:',PRESENP of th t Corpus Christi Caller -Times, a daily !cc.kspaper published at ( -pu- Christi in said City and State, generally ir,lilalcd ir,xi ansR-r-- her Bn)oks, DAval, Jim Hogg, Jim Wells, Karnes, Kcnrsdi, Klebcr12 Liv( Oak, ',atet-s, Retitgio San Pall -100. Victoria and Webb pith-, and th-it piihli itin of, NOTICE OF PASSAGE OF ORDINANCE ,t theih 1tHex d is -I I, lie opy, was inserted in the Corpus Christi Caller - Turk s he Friciay 2 iST 20()7dav(s) of MAY 2007. EGAL SALES REPRESENTIVE \Alt 12j_TimeIst ()rithis daN a true and an ,--\act mide me certify that the attached document \int Irk' Public Nueces County. Texas lyty.442207.nolifikty OF ORDINANCE NO. 027266, Ordinanc:- amending Chapter 53 'Traffic" Article [X 'Vision and Passage Obstructions,' Section 53-263 "Obstructing Street and Sidewalk Traffic, and Public fzight-of Way Generally." of the Code of Ordinances. City of Corpus Christi and Chapter 59 "Zoning," Article 3 3 'Supplemental Sign Regulations, Permits, Plats and Ftp Fees," Section 33-1.01.06 "Exempt Sisk" o1 the (;ode of Ordinances, Ciity of Corpus Chnsr:, provide an exemption from regulation for certain A- Frame Signs in the downtown area; providing for a penalty clause; providing for Publication. ,1 nlb ordinance was passed and approved by the ty Councii the City of Corpus Christi or, May 15, 2007. ls/ Armando Chapa City Secretary City of Corpus Christi