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HomeMy WebLinkAbout027607 ORD - 03/11/2008Page 1 of 15 AN ORDINANCE AMENDING ARTICLE 24 "HEIGHT, AREA AND BULK REQUIREMENTS" OF THE "CORPUS CHRISTI ZONING ORDINANCE" BY REPEALING NOTE 1 FROM SECTION 24-1 AND BY ADOPTING NEW SECTION 24-2 "ZERO LOT LINE RESIDENTIAL DEVELOPMENT" TO PROVIDE REGULATIONS FOR ZERO LOT LINE RESIDENTIAL DEVELOPMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, new land development includes the use of zero lot line residential development to provide for a more efficient use of land; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 23, 2008, during a meeting of the Planning Commission, and on Tuesday, February 26, 2008, 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: SECTION 1. That Article 24 "Height, Area and Bulk Requirements," of "Corpus Christi Zoning Ordinance," is amended by deleting the stricken words: "Section 24-1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other such articles contained in this ordinance. Note 21: In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Note 32: Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B-6.03 are complied with. 027607 H:1LEG-DIR1SharedlGarySlagenda1200812-261ORD-Zemlotline08o21 I. iamended.doc Page 2 of 15 Note 43: Lot 11 (4,942.77 square feet) and Lot 27 (4988.27 square feet), Block 1, La Concha Estates, platted before annexation proceedings began, are grandfathered for 1 family dwelling pursuant to §§ 43.002 and 245.002 TX. Loc. Gov. Code. Abbreviations: Dwls - dwellings; 3+ - 3 or more; fam. - family or families; a dash (—) indicates no applicable regulations." SECTION 2. That Article 24 "Height, Area and Bulk Requirements," of "Corpus Christi Zoning Ordinance," is amended by adding a new Section 24-2 entitled "Zero lot line residential development" to read as follows: "Section 24-2 Zero Lot Line Residential Development. 24-2.01 Legislative purposes. The principal purposes of the zero lot line concept are: (a) The more efficient use of land, as compared with the typical single-family development, making available needed housing at a more affordable cost. (b) The design of dwellings that integrate and relate internal-external living areas resulting in more pleasant and enjoyable living facilities. (c) By placing the dwelling against one (1) of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit. 24-2.02 Districts in which permitted. A zero lot line development, with a maximum gross density that does not exceed the limitations of Section 24-1 for the zoning district in which the zero lot line development occurs, may be permitted in the RE, RA, R -1A, R -1B, R -1C, R-2, A-1, A -1A, A-2, AT, AB, B-1, B -1A, B -2A, and B-2 Zoning Districts following approval of a subdivision plat and development site plan by the Planning Commission after a public hearing. The Planning Commission public hearing shall be scheduled following approval of the site plan(s) and subdivision application(s) by the Department of Development Services. The review shall involve other city departments for compliance with all relevant city codes and standards and this article. No building permit for such development shall be issued until the subdivision plat is recorded. Where the regulations included herein conflict with regulations included in the individual districts or other sections of this zoning ordinance, the regulations for zero lot line development in this section shall apply. If this section is silent regarding a requirement found elsewhere in this ordinance applicable to a proposed development, the more restrictive requirement shall apply. 24-2.03 Land Uses and Structures Permitted. Detached one -family dwellings on individually platted lots, including those customary accessory uses not inconsistent therewith, shall be permitted. Fencing, walls, trellises, and other similar structures can be used as connecting elements between one -family dwellings on adjacent lots subject to site plan review and H:1LEG-DIR1SharedlOarySlagenda1200812-261ORD-Zerolotline080211.1 amended.doc Page 3 of 15 building code/fire code compliance. Garages, carports and utility storage structures shall be permitted accessory uses. However, said structures shall not be used as connecting elements, and their spacing from principal structures shall not be inconsistent with any applicable building or fire code requirements for the type of construction and occupancy proposed in each case. 24-2.04 Development parameters. All applications for a zero lot line development shall comply with the following applicable development parameters: 24-2.04.01 Development Type A, Suburban Style Community: (1) Minimum lot sizes and widths. Minimum lot sizes and widths shall be the same as prescribed for single family homes in the zoning district in which the zero lot line development is proposed. (2) Dwelling Unit Setback. a. Interior side yard. The dwelling unit or a portion thereof shall be placed on one (1) interior side property line with a zero (0) setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. It is provided, however, that units are not required to be placed on the zero lot line property line when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event a minimum spacing of ten (10) feet shall be provided from the residence on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the ten -foot setback area; provided, however, no structure, with the exception of fences or walls shall be placed within easements required by Subsection (K). b. Front Yard Setback. All structures shall be setback from the front property line the minimum distance required for the front yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. c. Rear Yard Setback. All structures shall be setback from the rear property line the minimum distance required for the rear yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. Accessory pools, sheds, and other permitted accessory buildings shall only be permitted to encroach within the required rear yard up to five feet from any property line, but not in any easement. d. Side Street Setback. The minimum side street setback shall be the same as the zoning district in which the zero lot line development is proposed or fifteen (15) feet from the side street property line, whichever is greater. H:ILEG-DIR\SharedIGarySlagenda1200812-2610RD-Zeroiotiine080211. l amended.doc Page4ofl5 e. Accessory Buildings and Structures. Accessory buildings and structures shall be permitted in accordance with the zoning district regulations in which the zero lot line development is located, except that any more restrictive requirements herein shall apply. No accessory building shall be placed closer than five feet from the nearest point of a building on an adjacent lot, and no closer than four (4) feet from the nearest point of the roof overhang from the building on an adjacent lot. No accessory fire pit, bar-b-que pit or structure intended for such purposes may be located closer than six feet from any part of any building. Accessory structures other than buildings, fire pits and bar-b-que pits may be closer than five feet from a building on an adjacent lot, but not within any platted easement, except as otherwise provided herein. (3) Applicability of Zoning District Regulations, Comprehensive Plan, and Land Development Code. All zero lot line developments shall be required to comply with this section and all other requirements of the zoning district regulations, platting ordinance, comprehensive plan, and land development code, as they may be amended from time to time. References to the land development code shall mean and include all land development ordinances and regulations. In the event of a conflict between those requirements and this section, the requirements of this section shall prevail. (4) Accessory buildings and structures shall comply with the following minimum setback requirements. TABLE INSET, ACCESSORY BUILDINGS AND STRUCTURES SETBACKS: Pool, spa, gazebo and shed setbacks: Front 35' Rear 5' Interior sides 5' Side Street ten (10) percent of lot width but not less than fifteen (15) feet Spacing from house for pools or spas 2, Spacing from house for structures 10, Screen enclosure and trellis setbacks: Front 20' H:1LEG-DtR\SharedlGarySlagenda1200812-261ORD-zerolotline080211.1 amended.doc Page 5 of 15 Rear 5' Interior side 4' ZLL side 0' Side Street 10' Accessory structures of four (4) feet high or less: Front 35' Rear 5' Side(s) 5' (5) Rain guttering required. Each building or structure constructed on the zero lot line with an overhang encroaching onto the adjoining property shall be constructed and maintained with rain guttering that prevents rain water run-off onto the adjoining property. 24-2.04.02 Development Type B, Urban Scale Community: (1) Minimum lot sizes and widths. Calculation of lot size shall not include any credit for streets, recreation areas, common open space, water bodies, or public or private roads. The minimum net lot size shall be four thousand (4,000) square feet. For each lot that is less than four thousand five hundred (4,500) square feet, there shall be two lots of four thousand five hundred (4,500) square feet or greater in size. The minimum lot width shall be forty (40) feet. (2) Dwelling unit setback. a. Interior side yard. The dwelling unit or a portion thereof shall be placed on one (1) interior side property line with a zero (0) setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. It is provided, however, that units are not required to be placed on the zero lot line property line when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event a minimum spacing of ten (10) feet shall be provided from the residence on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the ten -foot setback area; provided, however, no structure, with the exception of fences or walls shall be placed within easements required by Subsection (K). b. Front setback. All dwelling structures shall be set back a minimum of twenty (20) feet from the front property line for a minimum of fifty (50) percent of the width of the lot and shall be H:1LECs-DIR1SharedlGarySlagenda1200812-261QRD-Zerolotline08o211. l amended. doc Page 6 of 15 set back a minimum of ten (10) feet along the remaining width of the lot. c. Rear setback. The minimum rear spacing between dwelling units shall be thirty (30) feet between two (2) story units or between a one (1) story and a two (2) story unit. The minimum rear spacing between one (1) story units shall be twenty (20) feet. d. Side street setback. The dwelling setback shall be a minimum of fifteen (15) feet from the side street property line. (3) Accessory buildings and structures shall comply with the following minimum setback requirements. TABLE INSET, ACCESSORY BUILDINGS AND STRUCTURES SETBACKS: Pool, spa, gazebo and shed setbacks: Front 35' Rear 5' Interior sides 5' Side Street ten (10) percent of lot width but not less than fifteen (15) feet Spacing from house for pools or spas 2, Spacing from house for structures 10' Screen enclosure and trellis setbacks: Front 20' Rear 5' Interior side 4' ZLL side 0' Side Street 10' Accessory structures of four (4) feet high or less: Front 35' Rear 5' Side(s) 5' H:1LEG-DIR\Shared\GaryS\agenda1200812-261ORD-Zerolotlinea80211.1 amended.doc Page 7 of 15 (4) Alleys. Alleys shall be permitted m zero lot line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or parking areas. Individual driveway access to lots within zero lot line developments from the adjacent front or side streets shall be prohibited. (5) Street frontage. Each lot shall have a clear, direct frontage on public streets or to accessways complying with private street requirements. (6) Maximum lot coverage permitted. (7) The total lot coverage permitted for all buildings on the site shall not exceed fifty (50) percent of the lot area. Platting requirements. Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in Subsection (14) of this Section. The plat shall indicate the zero lot lines and easements appurtenant thereto. (8) Building heights. The maximum building height shall not exceed two (2) stories and thirty- five (35) feet in height. (9) Integration of interior/exterior areas through the use of penetrable openings. The minimum amount of penetrable opening shall be determined by multiplying 0.018 times the interior floor area, excluding garages, up to a maximum of one thousand (1,000) square feet on the ground floor of a dwelling unit. Said penetrable openings shall be provided to exterior patio court areas and shall be totally visual and physically passable. The amount of penetrable opening for units between one thousand (1,000) square feet and fifteen hundred (1,500) square feet shall be calculated on a basis of 0.014 times the square feet of interior floor area on the ground floor. No additional penetrable opening shall be required when the ground floor square footage, excluding garage, exceeds fifteen hundred (1,500) square feet. In all cases, the final linear dimension of said openings shall be calculated to the nearest even foot. H:1LEG-D1R1S hared IGarySragenda1200812-261QRD-Zerolotline08o211.1 amended.doc Page 8of15 (10) Openings prohibited on the zero lot line side, except as provided herein, and permitted by the applicable building code and fire code requirements. The wall of the dwelling unit located on the lot line shall have no windows, doors, air-conditioning units, or any other type of openings except for the following: a. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit, and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. b. Windows shall not be permitted on the zero lot line. c. Windows shall be permitted on a building wall which is located perpendicular to the zero lot line property line or where said windows are located at least ten (10) feet from the property line. d. Windows shall be permitted on a building wall on the side of the building adjacent to the interior yard opposite the zero lot line side of the building. (11) Maintenance and drainage easements. A perpetual five-foot wall -maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two (2) affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Building footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. (12) ResenTetRain guttering required. Each building or structure constructed on the zero lot line with an overhang encroaching onto the adjoining property shall be constructed and maintained with rain guttering that prevents rain water run-off onto the adjoining property. (13) Trees and shrubs. Trees, as defined within the Landscaping Code shall be provided on the basis of four (4) trees for each platted lot. In addition, street shade trees shall be provided along each side of the roadway(s) at a minimum spacing of thirty (30) feet on center for private roads. In case of developments with public roads, the trees may be placed on private lots in lieu of the public right-of-way, provided the thirty-foot spacing and H:1LEG-DIR\SharedlGarySlagenda1200812-261ORD-Zerolotl ine080211.1 amended. doc Page 9of15 the rowing of trees are maintained. This shall be in addition to the four (4) trees required for each platted lot. Existing trees, excluding scientifically or legally designated as nuisance or exotic species, shall be preserved to the maximum extent practical and shall count towards meeting the total tree requirements. Nuisance species shall be removed from the development site. A minimum of twenty (20) shrubs of a minimum height of eighteen (18) inches shall be planted in the front yard of each dwelling unit. Where double frontage lots are proposed, a minimum five- foot landscape buffer is required along the rear lot line. (14) Common open space and maintenance of facilities. Public open space, parks, and recreational areas are required pursuant to the provisions of the Land Development Code. Additional common open space is not required but may be permitted. If common open space is provided, provisions satisfactory to the staff, for developments of 6 dwelling units per acre net density, and to the Planning Commission for developments of greater net density, shall be made to assure that nonpublic areas and facilities for the common use of occupants of zero lot line development shall be maintained in a satisfactory manner, without expense to the general taxpayers of the City of Corpus Christi. Such provisions may be created by the incorporation of an automatic membership home owners association for the purpose of continually holding title to such nonpublic areas and facilities, and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and maintaining such common open space as may be provided in the development. Other methods may be acceptable if the proposed alternate methods positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be approved by the City Attorney, as to form and legal sufficiency, before submission to either the Planning Commission or the City Council (whichever comes first), and shall be recorded in the public records of the county in which the property is located, if satisfactory to the City Council. (15) Fence/walls requirements. Fences and/or walls, with an overall height of six (6) feet, shall be provided on all side and rear property lines that are located behind the front building line and where said walls and/or fences are needed, as determined by site plan review, to visually screen patio/or deck areas from nearby units, or from public or private roadways. Chain link fencing shall be permitted only when shrubbery is planted with, and along, the fencing; shrubbery shall be provided at a maximum spacing of thirty (30) inches on center with an overall height of twenty-four (24) inches at time of planting. Species selected shall be of a variety that grows to a minimum overall height of six (6) feet. Planting shall be installed and maintained on both sides of a chain link fence where said fence is placed on a property line that divides individual zero lot line lots. H:1LEG-DIR\ Shared lGarySlagenda1200812-261ORD-Zerolotline080211.1 amended.doc Page 10 of 15 Fences and/or walls are not required on property lines which abut a lake, canal, or golf course and other similar areas. (16) Storage area. Forty (40) square feet of storage area per unit with outdoor access shall be provided when a garage is not provided. (17) Minimum number of elevations. Projects with fifty (50) or fewer units shall have a minimum of three (3) different elevations. Projects with more than fifty (50) units shall have a minimum of five (5) different elevations. Typical building elevations shall be submitted to the City for documentation in the site plan review process. Building plans and actual construction shall conform to the typical elevations submitted to the City, and shall provide at least the required number of minimum elevations on the site in equal minimum percentages. Additional elevations shall count toward one or more of the minimum required percentages, and shall not be subject to a new or additional minimum requirement, but shall be counted on a one for one basis (one new additional elevation can be used toward up to one-half of one minimum required elevation, or can be allocated an equal percentage of the total elevations, etc.). (18) Sidewalks. Sidewalks shall be required on both sides of all streets. All sidewalks shall comply with the most restrictive of federal, state, or local standards implementing the Americans with Disabilities Act (ADA). (19) Site plan review. a. Purpose. The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. b. Required exhibits. The following exhibits shall be prepared by design professionals, such as architects, engineers, and landscape architects, and submitted to the Department of Development Services: 1. A location map indicating existing zoning on the site and adjacent areas. 2. Site plan at no less than one (1) inch equals one hundred (100) feet, including the following information: H:1LEG-DIR1S hared\GarySlagenda1200812-261ORD-Zerolotline080211.1 amended.doc Page 11 of 15 A. Lot lines and setbacks. B. Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features. C. Landscaping in accordance with this Code. D. Recreation facilities (if applicable). E. Stages or phases of development, if any. R. Location of off-street parking. G. Location of on -street parking, if any. H. Indication of exterior graphics. L Indication of design methods used to conserve energy. 3. Floor plans, and elevations of all typical units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio/court areas shall be indicated for each typical unit. 4. Information indicating the following: A. Gross and net acreage. B. Lot sizes (dimensions and square footage). C. Building heights and stories. D. Building coverage for each lot. E. Amount of common open space in square feet (if applicable). F. Total trees provided and total trees required in accordance with this Code. G. Parking required and provided including the amount and location of on -street parking, if any, that is proposed to meet minimum parking requirements. H. Such other architectural and engineering data as may be required by the City staff to evaluate the project. The Department of Development Services may from time to time publish submission requirements for Zero Lot Line development applications. The submission requirements shall reasonably relate to information that the staff fmds is needed to determine compliance with applicable laws, codes, and such policies and standards as may be adopted by the City Council. (20) Plan review standards. The following criteria shall be utilized in the plan review process: a. Planning studies. Planning studies and policies approved by the City Council that include development patterns or environmental and other design criteria shall be utilized in the plan review process. HALEG-D IR1SharedlGarySlagenda1200812-261ORD-Zerolotline080211.1 amended.doc Page 12 of 15 b. Definition of private outdoor living spaces. The zero lot line unit shall be designed to integrate interior and exterior living areas. The configuration of the exterior walls of the unit shall define and enclose and/or partially enclose outdoor living areas. c. Block length. Visual monotony created by excessive block lengths shall be avoided. 1. Block lengths in new subdivisions shall not exceed 660 feet. Block widths in new subdivisions shall not exceed 320 feet. Midblock pedestrian and vehicular access to alleys and through blocks shall be permitted, such accessways shall not exceed 40 feet in total width. 2. In existing subdivisions being replatted to create a subdivision pursuant to these standards, it is recognized that block lengths and widths may need to correspond to the existing public street system. In replats of existing subdivisions where streets are already built, longer and wider blocks may be permitted. However in such replats when the standards of this section limiting maximum block length and width can be met, these standards shall be met. When the existing street and infrastructure prevent meeting the block length and width maximum standards in this section, mid -block vehicular and pedestrian, or pedestrian and bicycle, or pedestrian connections shall be required with the intent of maximizing the opportunities for vehicular and pedestrian access on a grid system. In addition, alleyway connections to streets in such replats shall meet the standards of the Land Development Code for separation from other such connections, driveways, and street intersections. d. Landscape. Landscape materials shall minimize the necessity for irrigation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen incompatible uses from one another and ameliorate the impact of noise. e. Buffers. Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided. f. Energy conservation. Design methods to reduce energy consumption are encouraged. At least two of the following energy conservation methods shall be used: natural ventilation of structures and enhanced attic temperature control; site subdivision and orientation of structures in relation to prevailing breezes and sun angles; insulation of structures including but not limited to the use of insulating glass; and use of landscape materials for shade, transpiration, enhancing the cooling effects of summer breezes, and protecting against the chilling effects of winter winds. H:1LEG-Dill/SharedlGarySlagenda1200812-261ORD-Zerolotline080211.1 amended.doc Page 13 of 15 g. Graphics. Outdoor graphics shall be designed as an integral part of the overall design of the project. h. Visual access. Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be situated and set back so as to provide unobstructed visual clearance at a roadway intersection. j• Private open space. Open space intended for the private use of each individual dwelling unit shall be so located and designed so as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units. Trash containers. Trash containers shall be screened and so designed as to be conveniently accessible to their users and collectors. k. Visual screening for decorative walls. In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting planned or dedicated rights-of-way: 1. Wall with landscaping. The wall shall be setback three (3) feet from the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one (1) or more of the following planting materials: A. Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. B. Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. C. Vines. Climbing vines shall be a minimum of thirty-six (36) inches in height immediately after planting. 1. Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right-of-way is constructed in lieu of a decorative wall, landscaping shall not be required. H:1LEG-DIR\Shared\GarySlagenda1200812-261ORD-Zerolotline080211.1 amended. doc Page 14 of 15 24-2.05Nonconforming zero lot line development. Any request for a change to a zero lot line plan, previously or hereafter approved, shall be reviewed and decided by the City Council following a public hearing and recommendation by the Planning Commission. Minor changes in order to adjust engineering construction plans needed to address conditions found on the site or in the existing infrastructure shall be approved by the City Engineer, and shall not require approval of the Planning Commission or the City Council. Any zero lot line projects which were approved prior to the effective date of this Ordinance shall remain in effect as approved unless modified or rescinded. Zero lot line projects approved prior to the effective date of this Ordinance that have provisions for maintenance and drainage easements in home owners association documents and/or in subdivision plats of at least four feet in width along the zero setback lot line, and that provide for a minimum separation between principal buildings of not less than ten (10) feet, shall be permitted to have roof overhang encroachments across the common lot line of no more than two (2) feet. Accessory structures permitted after the effective date of this ordinance shall comply with the requirements of this ordinance." SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 5. 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 6. That 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 7. This ordinance shall take effect upon and after publication of this ordinance. H:1LEG-DIR1S hared\GarySlagenda1200812-261ORD-Zemlotline080211.1 amended. doc Page 15 of 15 That t le,f�oregoing orcjinadnce was read for the first time and passed to its second reading on this the day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing grdinance was read for the second time and passed finally on this the day ofJ "CAh +( , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly A bsru f Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon _46r_ PASSED AND APPROVED, this the /( day of lip.A.a, 2008. APPROVED as to form: February 26, 2008 By: G'fry W( mith Assistant City Attorney For City Attorney 027607 H:1LEG-DIRISharedlGaryS\agenda1200812-261ORD-Zerolotltne080211. I amended.doc EFFECTIVE DATE o3�r7�o8 PUBLISHER'S 'S AFFr 1 1T State of Texas } CITY OF CORPUS CHRISTI (C18438) County of Nueces } Ad # 5845104 PO # Before me, the undersigned, a Notary Public, this day personally came CRISTELLA HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTMVE AND EMPLOYEE OF THE PUBLISHED namely, the Corpus Christi Comer -Tires, 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 Patricia Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORINANCE NO . 027607 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 17th of March, 2008. $96.75 LEGAL SALES REPRESENTIVE ESE 1.1lme(s) On this day of Oj2 - 2 , ce tY at the attached document is a true and an exact cper made by publisher. eiViENN J MDI A MY COMMISSIONEXPIRES August 2, 200 tary Public, State of Texas March 1Z 2008 NOTICE OF PAS- SAGE OF ORDINANCE NO. 027607 Amending Article 24 'Height, Area and Bulls Requirements" of the "Corpus Christi Zoning Ordinance" by repeal- ing note 1 from Section 24-1 and by adoptingnew Section 24-2"ero Lot Line Residential Development". This or- dinance was passed and approved on its second readingthe City Council of he City of Corpus Christi on March 11, 2008 , is/Armando Chapa City Secretary City of Corpus Christ'