HomeMy WebLinkAbout029698 ORD - 12/18/2012Ordinance amending the Unified Development Code ("UDC") by
establishing new section 4.8 "Compatible Districts" in Article 4
"Base Zoning Districts" and revising related provisions of the UDC
to include the "Table of Contents" and subsections 1.11.2
"Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside
Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding
Sign," 7.5.3.0 "Multi -Tenant (3 or more Tenants) Freestanding Sign,"
and 7.9.5 "Zoning District Buffer Yard—New Development;"
amending the Comprehensive Plan to account for any deviations;
and providing for a repealer clause, severance, penalties,
publication, and an effective date.
WHEREAS, the Planning Commission has forwarded to the City Council its
reports and recommendations regarding an amendment to the UDC for creation of two
new zoning districts, the Commercial Compatible District and the Industrial Compatible
District:
WHEREAS, the City Council has determined that certain uses which may
congregate Targe groups of people, such as schools, churches, and commercial and
industrial uses, may not be appropriate under airport flight zones or near hazardous
public or private industrial facilities;
WHEREAS, the City Council has determined that this amendment to the UDC to
establish two new commercial and industrial compatible use districts is necessary to
protect the public health, safety, and general welfare of the City of Corpus Christi and its
citizens; and
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, September 26, 2012, during a meeting of the Planning Commission, and
on Tuesday, December 11, 2012, during a meeting of the City Council, during which all
interested persons were allowed to appear and be heard; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") is amended by establishing new
section 4.8 "Compatible Districts," including its subparts and Tables 4.8.2 and 4.8.3,
under Article 4 "Base Zoning Districts" to read as follows:
"§ 4.8 Compatible Districts
"4.8.1 Purno - tatements
"A. Commercial Compatible District
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t 29x98
INDEXED
"The Commercial Compatible ("CC") District provides for a wide
range of business uses in appropriate locations, which can provide
a buffer between residential uses and intensive public facilities,
private businesses and manufacturing uses which could present a
threat to public health, safety and welfare. District uses are not
characterized by uses that congregate large groups of people,
unscreened outdoor storage, or uses that create nuisance factors
of dust, odor and noise associated with certain business and
manufacturing uses.
"B. Industrial Compatible District
"The industrial Compatible ("IC") District provides for a wide range
of industrial uses in appropriate locations, which can provide a
buffer between residential uses and intensive public facilities,
private businesses and manufacturing uses which could present a
threat to public health, safety and welfare. District uses are not
characterized by uses that congregate large groups of people,
unscreened outdoor storage, or uses that create nuisance factors
of dust, odor and noise associated with certain business and
manufacturing uses.
"4.8.2. Permitted Uses
"The following principal uses are permitted by right, permitted subject to
limitations, or require a special use exception or special permit in the "CC"
Commercial Compatible and "IC" Industrial Compatible zoning districts.
Uses may be subject to additional limitations as specified in Section 6.5
when located inside a Navy Air Installation Compatible Use Zone
("AICUZ") (which includes Clear and Accident Potential Zones 1 and 2).
"Table 4.8.2. Permitted Uses
COMMERCIAL AND INDUSTRIAL
COMPATIBLE DISTRICTS'
P = Permitted Use L = Subject to
Limitations
SUE = Special Use Exception SP = Special
Permit
[blank cell] = Not Permitted
U1
U
Maximum Floor
21 N
Public and Civic Uses
Government Facility Uses [5.1.3.D1 except
for:
P
P
0.1 1
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Detention facility; auditorium;
cafeteria; fuel storage, above
around; helipad, heliport or landing
field.
Parks and Open Area Uses [5.1.3.F]
P
P
0.11
except for:
Clubhouse; Concessions; Reservoir.
Social Service Uses - Treatment Centers
P
P
0.11
only, provided, there are no residents
Utilities, minor [5.1.3J] except for:
P
P
5.2.6
Storm water retention facilities
Commercial Uses
Commercial Parking Uses [5.1.4.A]
P
P
Office Uses [5.1.4.C] except for:
P
P
0.1 1
TV and radio studio.
Truck stop provided no -overnight
P
0.11
4.6.2
accommodations
Retail Sales and Service Uses, sales- and
P
P
0.11
5.2.12
service-oriented [5.1.4.G] Includes
personal service uses
Retail Sales and Service Uses, repair-
P
P
0.1 1
5.2.13
oriented ]5.1.4.G1 except for:
Vocational trade or business school
Farmers market
P
P
0.1 1
5.2.9
Self -Service Storage Uses [5.1.4.HJ
P
P
1.00
5.2.14
Crematorium (animal)
P
0.11
Vehicle Sales and Service Uses [5.1.4.1]
P
P
0.11
Water -Oriented Uses [5.1.4.11 except for:
P
P
0.1 1
Restaurants; Ferry/water taxi, Fuel
storage above ground
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Industrial Uses
Light Industrial Service Uses [5.1.5.A],
P
0.14
5.2.17
except for:
Fuel storageabove ground;
cafeterias;
Laboratory, research or experimental
P
0.14
Warehouse and Freight Movement Uses
P
1_0
p.1.5.B] except for :
Stockpiling of sand, gravel, or other
aaaregate materials; Fuel Storage
above ground
Waste -Related Service, only including
P
0.14
Recycling Center and Solid or liquid
waste transfer (no composting)
Land Fill; Fuel Storage above ground
5.2.23
Wholesales Trade Uses [5.1.5.D1 except
P
P
0.28
5.2.16
for:
Cafeteria
Other Uses
Kennel or animal shelter, indoor
P
5.2.18
Kennel or animal shelter, indoor or
P
5.2.18
outdoor
Pasturage
P
P
Grazing
P
P
'The uses in Table 4.8.2 shall not allow a density greater than 50
occupants per acre.
"Table 4.8.3. Nonresidential Use
Min Lot Area (sq. ft.)
CC`:
IC
Min. Lot Width (ft.)
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Min. Yards (ft.)
Street
Street (corner}
20
20
20
20
Side (single)
Side (total)
5
10
5
10
Rear
10
10
Side and rear, abutting res. district
See Section
4.2.8.0
Max Height (ft.)
25
25
SECTION 2. The "Table of Contents" page of the UDC is amended by revising the
table to include a reference to new section 4.8, to be titled "Compatible Districts," which
section will follow existing page 195, use pagination beginning with page 195-1 and
numbered sequentially to include the content contained in Section 1 of this ordinance,
and end prior to page 196, at which point an introductory table begins for section 5.1 of
the UDC.
SECTION 3. Subsection 1.11.2 of the UDC, entitled "Abbreviations," is amended by
revising the subsection to include the terms for the Commercial Compatible District and
Industrial Compatible District, denoted as "CC" and "IC" respectively, to read as follows:
"§ 1.11.2 Abbreviations
Abbreviation
Term
CC
Commercial Compatible District
IC
Industrial Compatible District
SECTION 4. Subsection 1.11.3 of the UDC, entitled "Defined Terms," is amended by
revising the subsection to include a new term "Floor Area Ratio," defined to read as
fol lows:
"Floor Area Ratio (FAR): The area of a building or buildings on a lot
divided by the lot area."
SECTION 5. Subsection 7.4.3 of the UDC and its corresponding Table 7.4.3 are
amended by revising the table to read as follows:
"7.4.3 Allowed Outside Display. Sales and Storage
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"Three types of storage shall be allowed in the zoning districts designated in the
table. Outside retail display may be allowed in nonresidential zoning districts not
designated in the table in accordance with the procedures for obtaining a special
permit in Section 3.6.
"Table 7.4.3 Allowable Storage (per zoning district)
Category
N,C
Outside Retail Display
11, IN, IC
Outside Retail Sales
Outside Storage
SECTION 6. Subsection 7.5.3.A of the UDC, entitled "Single Tenant Freestanding
Sign," is amended by revising the subsection to read as follows:
"7.5.3.A Single Tenant Freestanding Sign
"One freestanding sign shall be permitted per street frontage or
per lot and shall pertain only to the uses conducted within the
buildings located on the premise. Changeable copy signs,
including automatic changeable copy signs are allowed as
provided in Subsection 7.5.12.
"1. Freestanding signs placed within this minimum front yard
depth as specified in Article 4 are not to exceed 64 feet in
area or 20 feet in height. Such sign located within the front
yard shall not overhang or project into the public right-of-
way nor utilize or incorporate flashing illumination. In the
event two front yards overlap at a corner, the area of
overlap shall be designated as only one front yard.
"2. Freestanding signs located beyond the front yard
requirement in the "ON" Neighborhood Office District, "CN -
1" Neighborhood Commercial District, "CN -2" Commercial
Business District, "CG -1" General Commercial District,
"CG -2" General Commercial District, "Cl" Intensive
Commercial District, "CBD" Downtown Commercial District,
"IL" Light Industrial District and 1H" Heavy Industrial
District, "CC" Commercial Compatible District and "IC"
Industrial Compatible District are regulated per street type
as classified in the Urban Transportation Plan and as listed
below and per Subsection 7.5.4 Arterial Street Sections
Regulated as Collector Street Sections:
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"a. *
*
"3. *
SECTION 7. Subsection 7.5.3.0 of the UDC, entitled "Multi -Tenant (3 or more Tenants)
Freestanding Sign," is amended by revising the subsection to read as follows:
"7.5.3.0 Multi -Tenant (3 or more Tenants) Freestanding Sign
"One freestanding sign for building/same project/development of
25,000 square feet or less or two freestanding signs for
building/same project development greater than 25,000 square
feet shall be permitted, per street frontage, per lot or individual
primary building and shall pertain only to the uses conducted
within the buildings located on the premise. Signs for
building/same project/development shall be separated by a
minimum of 150 feet. Changeable copy signs, including
automatic changeable copy signs are allowed as provided in
Subsection 7.5.12.
"1. Freestanding signs placed within the minimum front yard
depth as specified in Article 4 are not to exceed 64 feet in
area or 20 feet in height. Such sign located within the front
yard shall not overhang or project into the public right-of-
way nor utilize or incorporate flashing illumination. In the
event of two front yards overlap at a corner, the area of
overlap shall be designated as only one front yard.
"2. Freestanding signs located beyond the front yard
requirement in the "ON" Neighborhood Office District, "CN -
1" Neighborhood Commercial District, "CN -2" Commercial
Business District, "CG -1" General Commercial District,
"CG -2" General Commercial District, "Cl" Intensive
Commercial District, "CBD" Downtown Commercial District,
"IL" Light Industrial District and; "IH" Heavy Industrial, "CC"
Commercial Compatible District and "IC" Industrial
Compatible District are regulated per street type as
classified in the Urban Transportation Plan and as listed
below and per Subsection 7.5.4 Arterial Street Sections
Regulated as Collector Street Sections:
"a. * * *
* * *
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"3. *
* *„
SECTION 8. Subsection 7.5.15 of the UDC, entitled "Multi -Tenant (3 or more Tenants)
Freestanding Sign," is amended by revising the subsection to read as follows:
"7.5.15 Permanent Signs Allowed in the Business and Industrial
Districts.
"The following freestanding and wall signs may be allowed in
the business, professional office and industrial districts,
including the overlay districts, except to the extent specifically
modified by the rules in a particular district. Where the rules for
a specific district deviate from these general rules, the specific
deviation may be effective in that district, subject to its terms,
but the remainder of the general rules in this Section may apply
in that district.
"A. Applicability
"1. The provisions of this Section may apply to the
following districts: ON, Office; CN, Neighborhood
Commercial; CR, Resort Commercial; CG, General
Commercial; CI, Intensive Commercial; CBD
Downtown Commercial; BP, Business Park; 1-2; and
IH, Heavy Industrial; CC, Commercial Compatible;
and IC, Industrial Compatible.
"2. *
B. *
*
*
"C. Table of Sign Types
"A sign type listed below is allowed as a permanent sign in
any district which contains a "P" in the cell where the
district intersects that sign type and prohibited in any
district which contains an "NP" in the cell where the district
intersects that sign type. Sign types allowed are further
limited by height, size and other restrictions included
elsewhere in this Section.
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"P in a cell means that the sign type or characteristic is allowed in that district,
subject to additional dimensional and other standards set forth for individual
districts.
"NP in a cell means that the sign type or characteristic is not allowed in that
district.
"NOTES TO TABLE:
"1. For design standards for wall signs, see Subsection 7.5.3.
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"2. For design standards for canopy or marquee signs, see
Subsection 7.5.9.
"3. For design and operating standards for automatic
changeable copy signs, see Subsection 7.5.12.
"4. For standards for the size, location and replacement of
billboards, see Subsection 7.5.21."
SECTION 9. Subsection 7.5.20 of the UDC, entitled "Temporary and Portable Signs
Allowed in the Nonresidential Districts," is amended by revising the subsection to read
as follows:
"7.5.20. Temporary and Portable Signs Allowed in the Nonresidential
Districts
"A. Applicability
"The provisions of this Section may apply to the following
districts: RM -3, Multi -family 3; ON, Office; CN,
Neighborhood Commercial; CR, Resort Commercial; CG,
General Commercial; CI, Intensive Commercial; CBD,
Downtown Commercial; 10, Island Overlay; BP, Business
Park; IL, Light Industrial; and–IH, Heavy Industrial; CC,
Commercial Compatible; and IC, Industrial Compatible.
"B.
"C. Portable Signs Generally
"Portable signs are allowed in the following districts: 10,
Island Overlay; CR -1 District; BP District. Portable signs.
are not allowed in the following districts: ON District; CN
Districts; CR -2 District; CR -3 District; CG Districts; IL
District; IH District; CC District; and IC District.
"D. *
*
* ,.
SECTION 10. Subsection 7.9.5 of the UDC, entitled "Zoning District Buffer Yard—New
Development," is amended by revising the subsection to read as follows:
"7.9.5 Zoning District Buffer Yard – New Development
"A. Requirements – New Development
"The following table shall be used to determine the type of
zoning district buffer yard required between adjacent
zoning districts.
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"Table 7.9.5.A Required Zoning District Buffer yard (New Development)
Subject
Property Zoning
District
FR3
RE, RS
- Adjacent
RS-TH,
RS -TF
Property
RM,
R -MH,
RV,
Zoning
CN1, ON
CR
District -
CN2,CG,
CI,BP,
CBD
IL
IH
CC
IC
FR
--
--
--
A
A
A
A
AI
A
RE, RS
--
--
--
B
B
C
D
E
C
D
RS-TH, RS -TF
--
—
--
B
B
C
D
E
C
D
RM, R -MH, RV
A
B
B
--
A
A
C
E
A
C
CN1, ON, CR
A
B
B
A
--
--
B
D
—
B
CN2,CG, CI,
BP,CBD, CC
A
C
C
A
--
A
C
—
A
IL IC
A
D
D
C
8
A
--
A
A
--
IH
A
E
E
E
C
C
A
--
C
A
1- Nonresidential development with a single user of 25,000 sf or less.
2 -- Nonresidential development with a single user of more than 25,000 sf.
3 -When an abutting parcel is vacant and zoned Farm Rural, the parcel developed
second is responsible for the installation of a zoning district buffer yard."
SECTION 11. To the extent this amendment to the UDC represents a deviation from
the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the
UDC, as it is amended by this ordinance.
SECTION 12. All ordinances or parts of ordinances in conflict with this ordinance are
expressly repealed.
SECTION 13. If, for any reason, any section, paragraph, subdivision, sentence, clause,
phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by
final judgment of a court of competent jurisdiction, such judgment shall not affect any
other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of
this ordinance, for it is the definite intent of this City Council that every section, para-
graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be
given full force and effect for its purpose.
SECTION 14. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1,
and Article 10 of the UDC. Unless otherwise specifically stated within the provisions of
this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this
ordinance or the requirements implemented under this ordinance that is punishable by a
fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code
shall require a culpable mental state of "criminal negligence."
SECTION 15. 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 16. This ordinance takes effect on the day following the date of publication.
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The foregoin rdinance was r ad for the first time and passed to its second reading on
this the day of &Q(� , 2012, by the following votes:
Nelda Martinez
Kelley Allen
Rudy Garza, Jr.
Priscilla G. Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
The fore oin inance was r �dfor the eco d time and passed final) on
this the g day of &NNW , 2012, by the folk ing votes:
Nelda Martinez
Kelley Allen
Rudy Garza, Jr.
Priscilla G. Leal
David Loeb
PASSED AND APPROVED this the
ATTEST:
A/n,a08(%.--
Armando Chapa
City Secretary
464d-9770-9b4348fa8d05.docx
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
ti
day of
Neuvutoe4._
Nelda Martinez
Mayor
0296-98
Page 12 of 12
2012.
CORPUS CHRISTI
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NOTICE OF PASSAGE OF
ORDINANCE(S)
029698, Ordinance amending
the Unified Development
Code ("UDC") by establish-
ing new section 4.8 "Com-
patible Districts" in Article
4 "Base Zoning Districts"
and revising related provi-
sions of the UDC to include
the "Table of Contents" and
subsections 1.11.2 "Abbre-
viations," 1.11.3 "Defined
Terms," 7.4.3 "Allowed Out-
side Display, Sales and Stor-
age," 7.5.3.A "Single Tenant
Freestanding Sign," 7.5.3.0
"Multi Tenant (3 or more Ten-
ants) Freestanding Sign,"
and 7.9.5 "Zoning District
Buffer Yard New Develop-
ment;" amending the Com-
prehensive Plan to account
for any deviations; providing
for a repealer clause, sever-
ance, penalties, publication,
and an effective date. This
ordinance was passed and
approved on Dec. 18, 2012.
This ord. takes effect on
Dec. 25, 2012.
/s/ Armando Chapa
City Secretary