HomeMy WebLinkAbout032357 ORD - 02/23/2021Ordinance amending the Unified Development Code amending defined
terms, administrative exemptions, design standards, fees, appeals, stays of
demolition, zero lot line development, residential development standards,
place of worship use, mixed-use overlay district, streetscape zone
standards, neighborhood mixed-use development standards, trust fund
policy, nonconforming structures, driveway spacing, visibility and mid -block
obstructions, development incentives , combine uses, reducing setbacks,
increasing allowable accessory dwelling units, signs in commercial districts
and adding and removing language to ensure consistency with adopted
local, State and Federal codes; and providing for penalty.
WHEREAS, the Planning Commission has forwarded to the City Council its final report and
recommendation regarding this amendment of the City's Unified Development Code ("UDC");
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
December 9, 2020, during a meeting of the Planning Commission when the Planning
Commission recommended approval of the proposed UDC amendments, and on Tuesday,
January 12, 2021, during a meeting of the City Council, during which all interested persons
were allowed to appear and be heard;
WHEREAS, amendments are to promote public safety and facilitate development and re-
development; and
WHEREAS, the City Council has determined that this amendment to the UDC would best
serve the public's health, necessityconvenience, and the general welfare of the City and its
citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. UDC Article 1 "General Provisions", Section 1.11 Definitions, Subsection 1.11.3
Defined Terms is amended by adding the following language that is underlined (added) and
deleting the language that is stricken (deleted) as delineated below:
§ 1.11 Definitions
1.11.3 Defined Terms
* * * * *
Block: A group of lots surrounded by public or private streets or roads.
* * * * *
Collection Line: A wastewater line of less than 15" diameter mer that conveys
wastewater.
* * * * *
Cross access agreement or easements an area intended to promote better vehicular access
and circulation to and from the parcel with a dedicated drive aisle.
* * * * *
Distribution Mains: Water Mmains of- less than 12 inches inside diameter, or smaller,
connected to the supply mains that provide fire protection and domestic service.
* * * * *
Page 1 of 72
032357
SCANNED
Farmers Market: A use in an unenclosed, structure engaged in the retail
sale of fresh fruit, vegetables and other items as permitted by this Code.
*
Grid Mains: Water Mmains e -12 inches inside diameter, or larger, that serve as distribution
supply mains and are not to exceed 6,000 feet in length between cress connection mains.
Grid Loop: That portion of the water grid system where the grid main is completely closed around
an approximate square mile area, or as permitted by the distribution system standards up to a
maximum of an approximate square mile area.
Grid System: The transmission and distribution system created to deliver the supply and demand
of electricity -•water for provisions of fire protection and domestic service consumer -G.
*
Low Impact Development (LID) strategies are structural stormwater Best Management
Practices and planning techniques that are intended to reproduce predevelopment hydrologic
conditions by reducing impervious surfaces and infiltrating, evaporating, and storing stormwater
runoff using native or improved soils, vegetation, and bioengineering. LID practices include, but
are not limited to, bioretention, bioswales, permeable sidewalks, planter boxes, sand filter,
vegetated filter strips, green roofs, constructed wetlands, rainwater collection devices such as
cisterns, and rain gardens.
* * * * *
Open Space: Property under public or private ownership which is unoccupied or predominately
unoccupied by buildings or other impervious surfaces (excluding impervious surfaces used for
amenities, i.e. sidewalks, trails, basketball courts, swimming pools, etc.) and is used for parks,
recreation, agriculture, conservation, preservation of native habitat and other natural
resources, surface water impoundment, historic, or scenic purposes.
* * * * *
Semi -attached: Single family house that shares one common wall with the next house.
Trunk Line: A wastewater line of 185" or greater diameter and larger which conveys
wastewater.
* * * * *
Visibility Obstruction: An object which blocks the view of a motorist either at a private
driveway with an intersecting street or at two intersecting streets.
Visibility Triangle: An imaginary triangle located at the intersection of two public streets or at
the intersection of a street and private driveway.
*
Page 2 of 72
*
*
SECTION 2. UDC Article 2 "Unified Development Code Organizations and Officers", Section
2.10 Assistant Director for Planning, Subsection 2.10.1 Powers and Duties is amended by
adding the following language that is underlined (added) and deleting the language that is
stricken (deleted) as delineated below:
§2.1O Assistant Director for P' gDevelopment Services
$ 2.10. AssistantDirector for Planninq-Development Services
2.10.1. Powers and Duties
The following powers and duties may be assigned to the Assistant Director for Planning
Development Services under this Unified Development Code. Additional powers and duties
may be assigned under other portions of the Municipal Code and non -codified ordinances or
by the Assistant City Manager of Development Services.
A. Review and Recommendations
The °eta„;: -Director for Planning -Development Services, upon assignment by the Assistant
City Manager of Development Services, shall review and make a recommendation on the
comprehensive plan, zoning and rezoning requests, text amendments, landscape plans and
permits, and on such other items as may be assigned.
SECTION 3. UDC Article 3 "Development Review Process", Section 3.1 Common Review
Procedures, Subsections 3.1.6.0 Fees and Subsection 3.1.10 Appeals; Section 3.4 Historic
Overlay District or Landmark Designation, Subsection 3.4.2 Review Process; Section 3.8
Subdivision Plat Review, Subsection 3.8.5 Final Plat; Section 3.9 Proportionality of Municipal
Infrastructure Costs, Subsections 3.9.3, 3.9.4 and 3.9.6; Section 3.16 Certificate of
Appropriateness for Demolition, Subsections 3.16.2 Review Process and 3.16.3 Stay of
Demolition is amended by adding the following language that is underlined (added) and deleting
the language that is stricken (deleted) as delineated below:
§3.1 Common Review Procedures
3.1.6 Application Requirements
3.1.6.0 Fees
5. An applicant who has paid the appropriate fee pursuant to the submission of an application,
but who chooses to withdraw such application prior to its determination of completeness, shall
be entitled to a refund, less the refund fee as published in the Development Services fee
schedule, Chapter 14 of the Municipal Code, of the total amount paid upon written request to
the Assistant City Manager of Development Services.
* * * * *
Page 3of72
3.1.10 Appeals
A. Administrative Decisions
With the exception of decisions on building permits, certificates of occupancy and floodplain
permits, any person aggrieved by the decision of an administrative official regarding the
provisions of this Unified Development Code may appeal to the Board of Adjustment in
accordance with Section 3.27. Any applicant who disagrees with any final agency
determinations in the form of written interpretations of this Code by a duly authorized
administrative official is required to appeal the interpretation to the appropriate board
designated to hear such appeals before seeking other relief. Any party who disagrees with any
staff interpretation of this Code = • • - = - : • : • - - • • - - _ • - - - . • - _ : - is required
to obtain a written interpretation from the administrative official authorized to interpret the code
in question prior to taking any other action. Absent a ruling on an appeal that overturns the staff
interpretation, the staff interpretation shall stand in force until such time as it is amended by
formal written determination of an official authorized to interpret the applicable Code provision
or by a Code amendment. The process for making formal written determinations and the
requirement for properly and timely filing appeals by aggrieved parties shall be vigorously
enforced and supported within the City government.
BC. Construction
Any Party aggrieved by a decision on matters regulated in one of the criteria manuals found in
an Appendix of this Unified Development Code by a decision related to construction plans as
provided in Subsection 3.8.4, may appeal to the Building Code Board of Appeals in accordance
with Sec. 14- 226 of the Municipal Code as it may be amended from time to time.
§ 3.4 Historic Overlay District or Landmark Designation
* * * * *
3.4.2 Review Process
3.4.2.E Removal or Amendment of Designation
The designation of an historic overlay zoning district or landmark may be amended or removed
using the same procedure provided by this Section for its designation. Whenever a designated
landmark or a contributing structure in a historic overlay zoning district has been demolished,
Page 4 of 72
removed, or altered in whole or in part, the Landmark Commission shall recommend to the
City Council whether the designation should be retained or removed.
Furthermore, a maximum of 365 -day stay of demolition may be imposed by the City Council
upon the recommendation of Landmark Commission and final action to remove a historic layer.
3.8 Subdivision Review
3.8.5 Final Plat
3.8.5.D. Review Criteria
A final plat with a previously approved preliminary plat shall be approved if it meets all of the
criteria:
1. The final plat is consistent with an approved preliminary plat and the approved master
preliminary plat.
2. The final plat is consistent with any required rights-of-way and easements.
3. The final plat is in compliance with any subdivision design and improvement standards
adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local
Governmcnt Codc §212.011 governing plats and subdivision of land within the City's
jurisdiction to promote the health, safety or general welfare of the City and the safe, orderly
and healthful development of the City.
§3.9 Proportionality of Municipal Infrastructure Cost
3.9.3
An applicant who disputes the determination made in Section 3.9.2 above may appeal first to the
Assistant City Manager of Development Services and then if warranted City Council. At the
time of appeal, the applicant may present evidence and testimony under the procedures adopted
by the City Council. After hearing any testimony and reviewing the evidence, the Assistant
Director of Development Services or City Council shall make the applicable determination within
30 days following the final submission of any testimony or evidence by the applicant.
3.9.4
Page5of72
An applicant may appeal the determination of the City Council to a county court at law or
district court in Nueces County within 30 days of the final determination by the City Council.
An applicant who prevails in an appeal under this Subsection is entitled to applicable costs
and to reasonable attorney's fees, including expert witness fees.
3$4
§3.16 Certificate of Appropriateness for Demolition
3.16.2 Review Process
B. Landmark Commission Final Action
1. Following notice in accordance with Subsection 3.1.7, the Landmark Commission
shall hold a public hearing and approve, approve with conditions, or deny the
certificate of appropriateness for demolition. Any action taken by the Landmark
Commission to demolish, change the exterior of or remove property on the
preservation plan shall require a favorable vote of at least a majority of the
Landmark Commission members.
2. The Landmark Commission shall hold a public hearing on a certificate of
appropriateness for demolition within 60 days from the date the certificate of
appropriateness for demolition application is deemed complete.
3.16.3. Stay of Demolition
A. The Building Official shall automatically impose a 60 -day stay of demolition or removal at
the time a permit is requested unless public health, safety and welfare are threatened.
B. If the Landmark Commission denies the certificate of appropriateness for demolition, a
maximum of 120365 -day stay of demolition from the initial date of the application may
be imposed by the Landmark Commission and any interested parties m a v explore
alternatives to demolition. During the stay of demolition period, no demolition or
removal permit shall be granted.
Page6of72
SECTION 4. UDC Article 4 "Base Zoning Districts Table of Contents", Section 4.2
Measurements, Subsections 4.2.2 Lot Area, 4.2.5 Yards, 4.2.9 Visibility Triangle and 4.2.10
Back to Back; Section 4.3 Single Family Residential Districts, Subsections 4.3.2 Permitted
Uses, 4.3.3 Residential Design Standards and 4.3.5 Zero Lot Line Development; Section 4.4
Multifamily Residential District, Subsection 4.4.2 Permitted Uses, Subsection 4.4.3 Residential
Development Standards; Section 4.5 Commercial Districts, Subsection 4.5.2 Permitted Uses is
amended by adding the following language that is underlined (added) and deleting the language
that is stricken (deleted) as delineated below:
§ 4.2 Measurements
4.2.2 Lot Area
A. Lot area shall be measured as the area contained within the property lines of a lot,
excluding any street, easement for street purposes, street right-of-way and all lands
seaward of the state-owned water boundary.
B. There shall be one single-family dwelling per lot or as otherwise stated in this Code.
C. Individual lots in new developments or a replat with more than five lots may deviate up to
10% from the minimum lot area, provided that the average lot area in the project shall
equal or exceed the minimum lot area for the zoning district. In no case shall the maximum
density for the zoning district be exceeded due to such reduced lot size.
D. A lot may consist of one or more portions of adjacent lots under single ownership so long
as the lot area per dwelling unit, lot width, yard and lot coverage requirements, and other
requirements of this Article are maintained. This requirement shall not be construed to
prevent the purchase or condemnation of narrow strips of land for public utilities or street
right-of-way purposes.
E. Except for .--- .-.. --. - --.--.
4.3.5 and townhouses described in Subsection 4.4.4, no building shall be permitted to be
placed upon a lot line.
Page 7of72
4.2.5 Yards
4.2.5.D Features Allowed Within Required Yards
The following features may be located within a required yard subject to visibility triangle and
Section 4.2 .9 :
1. Landscape features and irrigation;
2. Open, unobstructed, unenclosed porches, decks or patios that do not extend above the level
of the first floor of the building and that do not extend or project into the front or side yard more
than 6 feet;
3. Sidewalks, i
4. Fences and walls;
45. Minor utilities as described in Subsection 5.1.3.J;
56. Mechanical equipment such as air conditioning units, pool pumps and similar equipment,
equipment shall be set back a minimum of 3 feet from a street or, side or rear yard
a side or r ar lot line;
67.SiIls, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features
that do not extend more than 24 inches into any required yard must comply with the International
Residential Code
exception of cavcc), replacement costs shall be the rccponcibility of the owner.
4.2.5.E Single and Two-family Residential Driveways Parking
1. The parking of vehicles shall be prohibited in any required street yard except on a paved
surface.
2. The cumulative area of any driveway, plus any impermeable surface area located in
the required street yard, shall not exceed 70% of the area of the required street yard.
3. Residential parking shall be made of an all-weather dust -proof surface, such as asphalt,
Gal-iG14e7 concrete or brick.
4. Exceptions: Lots of 45 acres or greater with a minimum driveway apron depth of 50 feet
from the edge of street made of an all-weather dust -proof surface are exempt from
residential parking driveway requirements.
Page 8 of 72
4.2.9. Visibility Triangle -Obstructions
A. On any corner lot, a visibility triangle shall be established. The visibility triangle shall be formed
by extending lines from the intersection of two streets to points 20 feet from the corner of the
intersecting streets and then connecting the two points to form a triangle.
B. No constructioning or -wading visibility obstruction shall be permitted to interfere with the
sightvisibility triangle between the heights of 30 inches and 7 feet as measured from the crowns
of the adjacent streets.
C. No visibility obstructions shall be permitted in the area where a private driveway intersects
with a street boundary line and the pavement line of the driveway, with the hypotenuse (or
third side of the triangle) connecting the street pavement line and the pavement line of the
driveway at distances from their intersection equal to 20 feet along the driveway and 30 feet
along the street pavement line.
4.2.9.6 Visibility Triangle/Obstructions
Sight triangle to
be unobstructed
between 30" and 7'
Street
Street
Clear of
obstructionE
7
30"
Page 9 of 72
4.2.9.B Visibility Triangle/Obstructions
Sight triangle to be
clear of obstructions
between 30"' and 7'
Corner
Lot
Interior
Lot
20'
Street
30'
Clear of
obstructions
Street
30"
Page 10 of 72
4.2.10 Back-te-Back Adjacent Lots
A. A street yard on the side of a corner lot abutting the street shall be a minimum of not less
than ten (10) feet back of the street right-of-way when such a lot is back to back to with
another corner lot.
B. For corner lots abutting a lot, where there is not a back to back, the street yard shall in no
case be less than the average of the two adjoining street yards.
C. If a corner lot is abutting a parcel that is (i) unplatted, (ii) not identified on a preliminary plat
(iii) zoned Farm Rural or is outside city limits, then the corner lot street yard on the same
street as the abutting parcel shall be a minimum street yard ten (10) feet.
§ 4.3 Single -Family Residential Districts
4.3.2 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 single- family residential zoning districts. Uses may
be subject to additional limitations specified in Section 6.5 when located inside a Navy Air
Installation Compatible use Zone (AICUZ) (including Clear and Accident Potential Zones 1 2).
Table 4.3.2 Permitted Uses (Single-family districts)
SINGLE-FAMILY DISTRICTS
P = Permitted Use; SP = Special Permit;
L = Subject to Limitations; [blank cell] =
Not Permitted;
SUE = Special Use Exception
FR
RE
RS-
22
RS-
15
RS
-
RS-
6
RS -
4.5
Standards
Residential Uses
Single-family detached house except:
P
P
P
P
P
P
P
--- Industrialized / Modular Housing
LL
L
L
L
L
L
4.3.7
--- Manufactured Housing
6.1.1
Zero lot line houc.e [RE n vides for 1
h.
1=
t
L
1_
/1.3.5
asce-lets-whereby-zece4ot4ine
* * * * *
Page 11of72
4.3.3. Residential Development Standards
Table 4.3.3 Residential Development (single -fame y districts)
RS -
4.5
SINGLE-FAMILY
DISTRICTS
FR
RE
RS -22
RS -15
RS -10
RS -6
Min Lot Area
5 ac.
1 ac.
22,000
15,000
10,000
6,000
4,500
Min. Lot Width (Ft.)
150
1500
48875
50 850
50
45
Min. Yards (ft.)
25
25
20
Street
50
258
25
25
Street (corner) 25
25
See 4.2.10
Side (single) 25
2151
10
5
5
5
5
Side (total) 50
53011
20
10
10
10
10
Rear 25
15 10 5
5 5 5
Min. Open Space
30%
30%
30%
30% 30%
Max. Height (ft.)
45
35
35
35
35
35 35
1 Reduced side yard setback to 5- feet for detached non -habitable structures without residential
use only.
All developments shall be required to comply with this Section and all other requirements of this
Code. In the event of a conflict between those requirements and this Section, the requirements
of this Section shall prevail.
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 development is proposed.
1. Dwellinct Unit Setback
a. Front Yard Setback
All structures shall be set back 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.
b. 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 5 feet from
any property line, but not in any easement.
Page 12 of 72
c. Street Corner Setback
The minimum street corner setback shall be the same as the zoning district in which the
development is proposed.
2. Accessory Buildings and Structures
Accessory Uses and Structures shall comply with Section 5.3
4.3.6.A Purpose
The zero line form of residential development:
2. Provides for the design of dwellings that integrate and relate internal and external living arc\3o
3. Provides for outdoor space to be grouped and utilized to its maximum benefit by placing the
Page 13 of 72
for the zoning district in which the zero lot line development occurs, may be permitted in the
2. The Planning Commission public hearing shall be scheduled following approval of the site
Section shall apply.
proposed development, the more restrictive requirement shall apply.
2. 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 Building
Code/Fire Code compliance.
Page 14 of 72
minimum of 10 feet excluding the connecting elements such as fences, walls and trellises.
Units are not required to be placed on the zero lot line property line, however, when said
spacing of 10 feet shall be provided from the dwelling on the adjacent zero lot line lot. Patios,
All structures shall be set back from the front property line the minimum distance required
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
any property line, but not in any easement.
The minimum street corner setback shall be the same as the zoning district in which the zero
gfeater-
e,
pit or structure intended for such purposes may be located closer than 6 feet from any part of
any building. Accessory structures other than buildings, firc pits and bar b quc pits may be
as otherwise provided herein. Accessory buildings and structures shall comply with the
following minimum setback requirements in the table below.
Page 15 of 72
water run off onto the adjoining property.
b. The wall of the dwelling unit located on the lot line shall have no windows, doors, air
c. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is
provided on the zero lot line. Said wall shall be constructed of the same material as exterior
walls of the unit.
line property line or where said windows are located at least 10 feet from the property line.
f. 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.
Page 16of72
Front
Rear
5!
Interior -ides
5!
Street Corner
10% of lot width but not less than 15 feet
Spacing from house for structures
1-01
Front
24
Rear
Interior
4!
side
ZLL
0'
side
Street Corner
1
Front
35'
Rear
Side(s1 5!
water run off onto the adjoining property.
b. The wall of the dwelling unit located on the lot line shall have no windows, doors, air
c. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is
provided on the zero lot line. Said wall shall be constructed of the same material as exterior
walls of the unit.
line property line or where said windows are located at least 10 feet from the property line.
f. 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.
Page 16of72
lot line property line, which, with the exception of walls and fences, shall be kept clear of
structures. This casement shall be Chown on the plat and incorporated into each—deed
onlesc otherwise agreed to in writing by the two affected lot owners. Roof overhangs may
penetrate the easement on the adjacent lot a maximum of 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
4.3.6.E Site Plan Rcvicw
1. Purpose
a. A location map indicating existing zoning on the site and adjacent areas.
i. Lot lines and setbacks:
elements and entrance features;
iii. Landscaping in accordance with this Code;
iv. Recreation facilities (if applicable);
v. Stages or phases of development, if any;
vi. Location of off street parking; and
vii. Location of on street parking, if any.
c. Indication of exterior graphics.
c. Floor plans and elevations of all typical units and any other structures such as recreation
i. Gross and net acreage;
Page 17 of 72
ii. Lot sizes (dimensions and square footage);
Building heights and stories;
iv. Building coverage for each lot;
v. Amount of common open space in square feet (if applicable); and
vi. Total trees provided and total trees required in accordance with this Code.
that is proposed to meet minimum parking requirements.
h. Such other architectural and engineering data as may be required by the City staff to
-- a-..•••-- . !- - - •-- -
cubmi Bion requirements for Zero Lot Line development applications. The submission
by the City Council.
Planning studies and policies approved by the City Council that include development
fxocesc.
outdoor living areas.
subdivisions shall not exceed 660 feet. Block widths in new subdivisions shall not exceed
permitted; such access ways shall not exceed 10 feet in total width. In existing subdivisions
being replatted to create a subdivision pursuant to these standards, it is recognized that
Nock lengths and widths may need to correspond to the existing public street system. In
block length and width can be met, these standards shall be met. When the existing street
Page 18 of 72
driveways, and street intersections.
e
Landscape materials shall minimize the necessity for irrigation. Landscape shall be used to
design to the site, visually screen incompatible uses from one another and ameliorate thc
impact of noise.
ems
..ting, or permitted uses shall be provided.
f. energy conservation
insulating glass; and use of landscape materials for shade, transpiration, enhancing the
Outdoor graphic's shall be designed as an integral part of the overall design of the project.
Dwelling units on corner lots shall be situated and set back so as to provide unobstructed
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 thc dwelling unit it serves and maximize its
Trash containers shall be screened and designed to be conveniently accessible to their users
and collectors.
Page 19 of 72
Shrub
and shall be planted and maintained to form a continuous, unbroken, solid, visual screen
within one year after time of planting.
ii. Hcdgct-,
within one year after time of planting.
Vinci
1. Any request for a change to a zero lot line plan, previously or hereafter approvcd, shall be
needed to address conditions found on the cite or in the existing infrastructure shall be
approved by the Assistant City Manager of Development Services, and shall not require
approval of the Planning Commission or the City Council.
2. Any zero lot line projects which were approved prior to the effective date of this Code shall
to the effective date
10 feet, shall be permitted to have roof overhang encroachments across the common lot line
of no more than 2 feet. Accessory structures permitted after the effective date of this Code shall
Page 20 of 72
4.4.2 Permitted Uses
§ 4.4 Multifamily Residential Districts
*
*
*
*
Table 4.4.2 Permitted Uses (multifamily districts)
MULTIFAMILY DISTRICTS
P = Permitted Use; L = Subject to Limitations; SUE
= Special Use Exception; SP = Special Permit;
[blank cell] = Not Permitted
RS -TF
RS-TH
RM -1
RM -2
RM -3
RM -AT
Standards
Residential Uses
Single-family detached house
P
L
P
P
P
P
5.2.3
Zero lot Zinc house
L
L
L
L
L
t
4.3.E
Day care home
L
Traditional house
P
L
P
P
P
P
P
Semi -attached house
P
P
P
P
P
P
P
Two-family house
P
P
P
P
P
P
SP for existing facilities expanding on same
or adjacent properties
Townhouse
P
P
P
P
P
P
Apartment
Passenger Terminal Uses [5.1.3.G] except for:
P
P
P
P
P
P
Cottage Housing Development
P
P
P
P
P
P
4.7
Group Living Uses except for:
P
P
P
P
P
P
Nursing or convalescent home
P
P
Group Home (6 or fewer residents)
P
P
P
P
P
P
Community Home
P
P
P
P
P
P
5.2.26
Table 4.4.2 Permitted Uses (multifamily districts)
MULTIFAMILY DISTRICTS
P = Permitted Use; L = Subject to Limitations; SUE
= Special Use Exception; SP = Special Permit;
[blank cell] = Not Permitted
RS -TF
RS-TH
RM -1
RM -2
RM -3
RM -AT
Standards
Public and Civic Uses
Community Service Uses [5.1.3.A]
L
L
L
L
L
L
5.2.3
Day care center
L
L
L
L
L
L
5.2.4
Day care home
L
L
L
L
L
L
5.2.4
Educational Facility Uses 5.1.3.C]
P
P
P
P
P
P
Parks and Open Area Uses [5.1.3.F] except for:
P
P
P
P
P
P
Cemetery, columbaria,
mausoleum, memorial park
SP for existing facilities expanding on same
or adjacent properties
Crematorium (human or animal:
Passenger Terminal Uses [5.1.3.G] except for:
P
P
P
P
P
P
Airport, helipad, heliport or landing field
See Section 4.5.2 or
Place of Worship Uses [5.1.3.H]
P
I P
P
P
P
P
Page 21of72
Table 4.4.2 Permitted
MULTIFAMILY DISTRICTS
Uses (multifamily districts)
P = Permitted Use; L = Subject to Limitations; SUE
= Special Use Exception; SP = Special Permit;
[blank cell] = Not Permitted
RS -TF
RS-TH
RM -1
RM -2
RM -3
RM -AT
Standards
Utilities, major [5.1.31] except for:
L
L
L
L
L
L
5.2.6
Wind energy units
L
L
L
L
L
L
5.6.4
Utilities, minor [5.1.31]
P
P
P
P
P
P
Street
Street (corner)
Wireless telecommunication facility
Apartment hotel
5
5
0
a-0
See Section
5.5
P
Bed and breakfast home
SP
SP
L
L
L
L
5.2.8
Bed and breakfast inn
P
Extended -stay facilities
P
Hotel
P
Motel
P
Industrial Uses
Storage of explosives or other hazardous SUE SUE SUE SUE SUE SUE
materials
I:-
No uses in this category permitted
4.4.3 Residential Development Standards
A. Development standards for the Two -Family and Townhouse zoning districts shall be based on
housing type in accordance with the tables below.
Table 4.4.3.A. Residential Development (Two -Family and Townhouse districts)
RS -TF DISTRICT
SF Detached
Zero -Let -Line
Attached
Two- Family
Min. Lot Area (sq. ft.)
6,000
6 v ,,
Min. Lot Width (ft.)
50
50
Min. Site Area (sq. ft.)
Per Site
6,000 6,000
Per Dwelling Unit
3,000
3,000
Min. Site Width (ft)
50
50
Min. Yards (ft.)
20
10
20
4-0
20
10
20
10
Street
Street (corner)
Side (single) Side (total)
5
5
0
a-0
0
5
5
5
Page22of72
Table 4.4.3.A. Residential Development (Two -Family and Townhouse districts)
RS -TF DISTRICT
SF Detached
iOFG-Lot in°
Attached
Two- Family
CR-
1
Rear
5
5
5
5
Min. Open Space
30% xwe
30%
40%
Max. Height (ft.)
35
35
35
45
4.5.2 Permitted Uses
§ 4.5 Commercial Districts
*
*
*
Table 4.5.2 Permitted Uses (Commercial zoning districts)
COMMERCIAL DISTRICTS
P = Permitted Use; L = Subject to
Limitations; SUE = Special Use
Exception; SP = Special Permit;
[blank cell] = Not Permitted
CN-
1
CN -ON
2
CR-
1
CR-
2
CR-
3
CG-
1
CG
2
CI
CBD
BP
Standards
Residential Uses
Care takers quarters
L
L
LLL
L
L
LLLP
3.2.20
Townhouse
P
PPPPP
P[]
P
Zero Lot Line
t
t
b
t
6 t
-
is
-
b
- '1.3.5
Multi family dwelling
P
PPPPP
P
P
P
Cottage Housing Development
P
PPPP
P
P
4.7
Upper -story residential unit
within commercial business
structures
L
LLLLL
L
LLPL
5.2.1
Group Living Uses [5.1.2.B]
P
PPPPP
P
P
* * * *
*
*
Page 23 of 72
*
SECTION 5. UDC Article 5 "Use Regulations", Section 5.1 Use Categories, Subsections 5.1.3
Public and Civic Use Categories and 5.1.4 Commercial Use Categories; Section 5.2 Specific
Standards, Subsection 5.2.9 Farmers Market; Section 5.3 Accessory Uses and Structures,
Subsections 5.3.1 General and 5.3.2 Specific Accessory Uses and Structures is amended by
adding the following language that is underlined (added) and deleting the language that is
stricken (deleted) as delineated below:
5.1 Use Categories
5.1.3 Public and Civic Use Categories
5.1.3.A Community Service
Public and Civic Use — Community Service
Characteristics: Uses of a public, nonprofit, or charitable nature providing ongoing education,
training, Ser--Scounseling, or assembly for religious practice to the general public on a regular
basis, without a residential component.
Principal Uses
Accessory Uses
Uses Not Included
• Aquarium
• Art gallery
• Church
• Associated office
Fellowship or parish hall
• Alternative or post -incarceration
facility (see Social Service)
• Athletic or health club (see
Retail Sales and Service)
• Food preparation and
dining facility
• Gymnasium
• Community center
• Library
• Mos. ue
• Counseling in an office setting (see
Office)
• Exclusive care and treatment for
psychiatric, alcohol, or drug problems,
where patients are residents (see
Social Service)
• Group home for the physically
disabled, mentally retarded Intellectual
• Health, arts and crafts,
day care, and therapy
area
• Indoor or outdoor
recreation and athletic
facility
• Limited retail sale
• Meeting area/classroom
• Museum
• Philanthropic institution
• Senior centers
• Synagogue
• Temple
• Youth club facilities
• Zoo
for meeting or classes
Off-street parking
Disability, or emotionally disturbed
• On-site day care, school
that are not considered single-family
residences (7 or more residents) (see
Social Service)
• Group home for drug and alcohol
treatment (see Social Service)
• Membership club or lodge (see Indoor
Recreation)
• Social Service use (see Social
or facilities.
• Satellite dish antenna
under 3.2 feet*
• Staff residences located
on-site
Stealth cell antennae
Service)
• Transient lodging or shelter for the
homeless (see Social Service) Soup
kitchen (see Social Service)
• Treatment center (see Social Service)
Page24of72
5.1.3.IH Social Service
*
*
5.1.3.41 Utility
*
Page 25 of 72
Characteristics: Uses that primarily provide treatment of those with psychiatric, alcohol, or
drug problems, and transient housing related to social service programs.
Principal Uses
Accessory Uses
Uses Not Included
•
Alternative or post-
•
Adult educational facility
• Aquarium (see Community Service)
incarceration facility
•
Day care
• Art gallery (see Community Service)
•
Exclusive care and
•
Food services and
• Assisted living facility (see Group
treatment for psychiatric,
alcohol, or drug problems,
where patients are
•
•
dining area
Meeting room
Off-street parking
Living)
• Cemeteries, columbaria,
mausoleum, & memorial parks (see
residents
•
Satellite dish antenna
Parks and Open Areas)
•
Group home for the
under 3.2 feet*
• Community center (see Community
physically disabled,
mentally re+ardod
•
Staff residences located
on-site
Service)
• Community college (see Educational
Intellectual Disability, or
•
Stealth cell antennae
Facilities)
emotionally disturbed that
are not considered single-
family residences (7 or
more residents)
•
Storage
• College, seminary or university (see
Educational Facilities)
• Elementary, middle or high school
(see Educational Facilities)
•
Group home for drug and
alcohol treatment
• Library (see Community Service)
Museum (see Community Service)
•
Soup kitchen
• Philanthropic institution (see
•
Transient lodging or
shelter for the homeless
Community Service)
• Senior centers (see Community
•
Treatment center
Service)
• Youth club facilities (see Community
Service)
*
*
5.1.3.41 Utility
*
Page 25 of 72
5.1.4.E. Overnight Accommodation
§ 5.2 Specific Standards
5.2.9 Farmers Market
A farmers market shall be permitted in accordance with the Municipal Code. use tables +n
B. Items sold in the farmers market shall include: fresh fruits, vegetables, dairy products, herbs,
candies, soaps, honey, tea, coffee, prepared foods, and similar items approved by the Assistant
■_ _
Page 26of72
*
Characteristics: Residential units arranged for short term stays of Tess than 30 days for rent or lease.
Principal
Uses
Accessory Uses
Uses Not Included
•
Apartment hotel
•
Associated office
• Campground (see Outdoor Recreation)
•
Bed and breakfast
home
Food preparation
and dining facility
• Group home for the physically disabled,
mentally retarded Intellectual Disability, or
•
Bed and breakfast inn
•
Laundry facility
emotionally disturbed that are not considered
•
Extended -stay
•
Limited storage
single-family residences (7 or more residents)
facilities
•
Meeting facility
(see Social Service)
•
Hotel
•
Off-street parking
• Group home for drug and alcohol treatment
•
Motel
•
Satellite dish
(see Social Service)
•
Recreational vehicle
antenna under
• Transient lodging or shelter for the homeless
park
3.2 feet*
(see Social Service)
•
Truck stop with
overnight
•
Stealth cell
antennae
accommodations
•
Swimming pools
and other
recreational
facilities
`See additional standards in Subsection 5.3 2
§ 5.2 Specific Standards
5.2.9 Farmers Market
A farmers market shall be permitted in accordance with the Municipal Code. use tables +n
B. Items sold in the farmers market shall include: fresh fruits, vegetables, dairy products, herbs,
candies, soaps, honey, tea, coffee, prepared foods, and similar items approved by the Assistant
■_ _
Page 26of72
*
§ 5.3 Accessory Uses and Structures
5.3.1 General
Any accessory use may be permitted provided that it is customarily associated with a principal
use that may be permitted by right consistent with Section 5.1 of this Unified Development Code.
The establishment of such accessory uses shall be consistent with the following standards:
A. The accessory use shall be subordinate to and serve a principal use or principal structure.
B. The accessory use shall be subordinate in area, extent or purpose to the principal use served.
C. The accessory use shall be located within the same zoning district as the principal use.
D. An accessory structure located on waterfront property shall be set back a minimum of 20 feet
from the mean high water line except for the landward portion of:
1. A permitted dock; or
2. A boat house that is accessory to a permitted boat dock or marina.
3. Pool and pool equipment
4. Outdoor kitchen that does not require utility connection
E. Except as herein provided no accessory building or structure shall project beyond a required
yard line along any stree+
F. No accessory structure shall be permitted in an easement
in accordance with the Municipal Code.
fie-
H. Accessory uses located in residential districts shall not be used for commercial purposes other
than authorized home occupations.
I. No accessory building or structure shall be constructed until the construction of the principal
structure has commenced. No accessory building or structure shall be used unless the principal
structure also is being used.
J. Detached accessory buildings shall be located behind the front face of the main principal
structure and the total square footage of all accessory buildings shall not exceed 50% of the
main principal structure total square footage with exception of accessory structures in the FR
district which may not exceed 75%.
K. In water -oriented subdivisions, in -ground pools may be located in front of the main principal
structure.
L. Separate meters are prohibited except for irrigation purposes.
Page 27 of 72
5.3.2. Specific Accessory Uses and Structures
5.3.2.A . Detached Accessory Dwelling Units
1. A detached accessory dwelling unit may be permitted in any residential zoning district. The unit
may include a full kitchen.
2. Only one accessory dwelling unit shall be permitted per lot or parcel.
3. The property owner shall occupy either the principal dwelling or the accessory dwelling unit.
4. The total floor area of accessory dwelling unit shall not exceed the lesser of either the total
gross floor area of the principal residential dwelling unit, or as follows:
Only one accessory dwelling unit shall be permitted per lot or parcel.
A. 1000 maximum total square footage of habitable space for FR, RE. and RS -22 Zoning
Districts
B. 800 maximum total square footage for RS -15 and RS -10 Zoning Districts
C. 500 maximum total square footage for RS -6 and RS -4.5 Zoning Districts, with the
exception that lots over 10,000 square feet may allow for a maximum of 800 total square
footage.
D. An existing garage built prior to 1980 may convert to one accessory dwelling unit with
no maximum on floor area if the garage is a legally conforming structure. The conversion
can include an upper story Accessory Dwelling Unit over the garage.
5. The principal residential and accessory dwelling unit together shall not exceed the maximum
zoning district building coverage.
separate structure. All principal structure yard requirements shall be met.
The accessory dwelling unit shall not exceed the maximum zoning district height.
Separate meters are prohibited except for irrigation purposes.
5.3.2.B. Animal Pens and Fenced Pasture
Shall be permitted in accordance with the Municipal Code.
2. Any building or structure used to house animals including, but not limited to, cattle, horses,
donkeys, llamas, swine, emus and other domesticated animals not conventionally kept for
.. --
residential zoning district other than the Farm Rural zoning district.
3. No setbacks shall be required for fenced pastures a minimum of 1 acre in area used to hold
Page 28 of 72
livestock, such as cattle and homes.
SECTION 6. UDC Article 6 "Special Zoning Districts", 6.3 Historic Overlay, Subsection 6.3.10
Deterioration, 6.5 Air Installation Compatible Use Zones (AICUZ), Subsection 6.5.4 Accidental
Potential Zones (APZ) Compatible Land Use Guidelines; Section 6.8 Mixed -Use Overlay,
Subsections 6.8.1 Purpose, 6.8.3 Allowance, 6.8.4 Application of Standard, 6.8.5 Development
Overview, 6.8.6 Lot Area and Density Requirements, 6.8.9 Setbacks, 6.8.11 Permitted Non -
Residential Uses, 6.8.12 Required Open Space, 6.8.13 Building Orientation, Massing, and
Fagade Appearance, 6.8.16 Access and Driveways and 6.8.17 Parking ; Section 6.13
Streetscape Zone Standards, Subsection 6.13.2 Streetscape Zone Pedestrian Amenities; and
Section 6.14 Alternative Housing Options, Subsection 6.14.10 Zero Lot Line Development is
amended by adding the following language that is underlined added) and deleting the language
that is stricken (deleted) as delineated below:
§ 6.3 -H, Historic Overlay
*
* * *
§6.3.10 Deterioration
If an owner allows a structure within a Historic Overlay zoning district or a designated
landmark to deteriorate to the extent that the Building Standards Review Board determines
that the structure or landmark shall be demolished as a public safety hazard, after all proper
notifications have been presented to the owner by the City, no application for a permit for a
project, nor for a driveway approach curb cut needed for the operation of a surfaced or
unsurfaced parking area may be considered for a period of up to 365 days two mentis from
the date of demolition of the landmark as determined by the Director of Development
Services.
§6.5 Air Installation Compatible Use Zone (AICUZ)
*
*
*
6.5.4 Accident Potential Zones (APZ) Compatible Land Use Guidelines
Recommended land use compatibility guidelines for clear zones and Accident Potential Zones
are shown in the following table. In the event of a zone change request within the Air
Installation Compatible Use Zones, the Air Installation Compatible Use Zones Program Office
or Chief of Naval Operations shall be consulted for a recommendation on the proposed zone
change.
Table 6.5.4 Land Use Compatibility in Accident Potential Zone
Suggested Land Use Compatibility In Accident Potential Zone
*
Page 29 of 72
*
Notes
12. Controlled hunting and fishing may be permitted for the purpose of wildlife management
unless disallowed by Municipal Code.
*
6.8 Mixed -Use Development Pattern
§ 6.8 Mixed -Use Development Pattern
6.8.1 Purpose.
The purpose of the Mixed:Use Development Pattern is to provide standards for
mixed_use development that includes residential uses to promote compatibility between new and
existing development and ensure that mixed:uses compatibly co -exist, and foster a variety of
small, entrepreneurial, and flexible home-based businesses. Mixed residential uses encourage
live, work, shop, and recreational environments, and more pedestrian -oriented social and
economic neighborhood centers, which are conducive to transit use and can reduce dependence
on automobiles for single -purpose trips, by locating residents, jobs, hotels, and transit services
near each other.
This Ordinansesection hereby recognizes Mixed:Use as an independent land use designation to
be included within the City's Future Land Use Map. The use patterns established in this section
are not zoning districts or overlay zoning districts. Instead, they are forms of development that
may be permitted in various zoning districts by this section.
*
6.8.3 Allowances.
A mixed-use development consisting of a single building on a single lot, or multiple buildings and
lots, and incorporating residential uses, shall be a permitted use in the RM AT, ON, CR -3, CN -1,
CN -2, CR -1, CR -2, CG -1, CG -2, CI, and CBD Zoning Districts, when constructed in accordance
with the standards of this Ordinanccsection. Proposed residential mixed:use development may
not be appropriate within areas designated as a Naval Air Installation Compatibility Use Zone
(AICUZ) Overlay Districts, and are not assured approval upon development review.
6.8.4 Application of Standards.
The standards under this Ordinanccsection shall be applied to all mixed use development within
Page 30of72
the City limits that includes a residential use or uses as follows:
A. Where a conflict exists between the standards of the underlying district or the UDC and the
Mixed -Use st standards, the standards established under the Mixed -Use Overlay
District Standards Ordinance shall prevail.
B. The standards provided under this Ordinansesection may only be applied to mixed- use
development that is platted, developed, and constructed in accordance with this
Ordinansesection.
CD. Where a mixed-use development is constructed under the standards of this
Ordinansesection, the City's Land Use Maps shall be changed to designate the property as being
utilized for mixed -uses.
6.8.5 Development Overview.
Mixed-use developments for the purpose of this ordinancosection, consist of two or more different
uses which include a residential use, and occupy the same or adjacent buildings that are planned
together, and shall be combined in the following manner;
A. Vertically in the same building where separate uses are on different floors (for instance, retail
on the ground floor and office and/or residential uses on the second and/or third floors); or
B Horizontally in multiple buildings where separate uses are placed next to each other, planned
as a unit, (e.g. an apartment, single or two-family, or multiple -family residential dwelling building
that is adjacent to a neighborhood commercial business or professional office building) planned
mor within the same development.
Example of a Mixed -Use Development:
Figure 6.8.5.C. Vertical & Horizontal Mixed:Use
Commercial use on 1st floor, residential or office space located "vertically" above. Residential use
"horizontally" adjacent to the commercial or office use.
Page 31of72
Figure 6.8.5.C. Vertical & Horizontal Mixed Use
Second Story Residential Main Entry
Above Ground Floor Commercial
Ground Floor
Oriented
to Street
Residential
Horizontal Mixed -Use
trZ
--,--
Id V IP
.-.
0 ,
i'l
I
1 r�1
• Ij
- 7-�:s7.-Tr T_:
, -r
-
_ ■tittmIlhI . Ili -0
D. All floors and uses within a mixed-use development must be constructed in accordance with
the City's current Building and Fire Department Codes.
site, a minimum of 10% of the building or development shall be non residential and a minimum
of 20% of the development shall be residential. This percentage shall be calculated by
F. The maximum total square footage of a non-residential use in a non- residential/residential
mixed:use building may not exceed 50% of the mixed:use building, to ensure an appropriate
scale.
G. Within a vertical mixed use building, the use on the ground floor shall be a commercial,
professional office, civic, tourist, or religious use, and must be different from a use on an upper
a.
residential dwelling unit(s).
H. Within horizontal mixed use buildings the non residential use may not occupy more than 50%
- 3 -
must be for residential purposes. The division of lots cannot be used to subvert the 50%
1. Commercial/office strip malls consisting of contiguous single use, single story structures arc
not considered a mixed use development for the purposes of this Ordinance.
J. Stand alone big box commercial or warehouse stores arc not permitted within a mixed use
Page 32 of 72
6.8.6 Lot Area and Density Requirements.
The minimum lot area shall be based on the requirements of the zoning district in which the
proposed - . - •• - - - mixed-use development is located. For
properties that are designated with the Mixed -Use development pattern there will be no maximum
density set, except for properties located within a defined AICUZ boundary. shall be bascd on the
*
6.8.9 Setbacks.
*
C. Side Setbacks:
1. Multiple Contiguous Attached Buildings. No interior side yards shall be required, when
attached buildings are constructed in accordance with the adopted City Building Codes.
2. Setbacks shall follow the base zoning district M.
a. A minimum foot side yard for single story structures, with one additional foot added to
c. A minimum 8 foot separation between building walls.
*
6.8.11 Permitted Non -Residential Uses.
*
A. Bars, Taverns, Clubs, and Alcoholic Beverage Sales.
1. The proposed development of a mixed-use structure incorporating a bar, tavern, nightclub,
or liquor store in conjunction with a non- transient (i.e. over 30 days of residency) residential
use shall be permitted in the zoning districts allowing for their use.
Page 33 of 72
2. The proposed development of a mixed-use structure incorporating a restaurant with alcoholic
beverage sales in conjunction with a residential use is permitted in the zoning districts where
a restaurant with alcoholic beverage service is permitted.
3. The proposed development of a mixed-use structure incorporating alcoholic beverage sales
or service in conjunction with a Live -Work unit shall be prohibited in all zoning districts.
B. Drive-through windows for any purpose are not permitted within a mixed use development,
unless located behind the principle structure with access to and from the drive-through area
provided from the rear of the lot.
C. The non-residential uses permitted in eash mixed-use development pattern category -are limited
to the following uses in CG -2 District as described in Table 4.5.2 Permitted Uses.;
Fashion, Graphic, Interior and Other Designers
Page 34of72
Marina
Medical Offices & Clinics
Museums
Physical Fitness Gyms, Dance, Martial Arts Studios
•
agency, consultant firms, engineers, architectural firms, and
Real Estate Offices
Repair & Sales/Services, conducted entirely within a building; (television, computer,
body painting, home appliance repair, or similar uses)
Restaurants, Food & Beverage Service, (sit down or take out services with alcohol service
permitted in districts allowing for the use)
Sales/Repair, Fruits & Vegetables Sales, Automotive Parts (no service of vehicles or bays
Schools
Senior Activity Centers
Senior Assisted I iving
Tailor/Seamstress/Dressmaking
Veterinary Clinics (no outside runs)
6.8.12 Required Open Space.
Mixed-use projects located in the ' - ' - ' _ _ _, RM -AT,
ON. CN -1, CN -2, CR -1, CR -2, CG -1, CG -2, CI, and CBD Zoning Districts must provide open
space equaling a minimum of 10% of the combined floor area of all residential units. Open
space shall be provided as passive or active recreation open space (plaza. courtyard.
balconies, porches, patio. swimming pools. or a green). Indoor recreational spaces such a
Page 35 of 72
gyms, pools, or recreational rooms that are half of the open space requirement, may count
towards ° the open space requirement.
The adaptive reuse of an existing building may not be required to meet the 10% open space
requirement
recreation outdoor open space (plaza, courtyard, root top terrace, or similar space (Figs.
6.8.12.A).
a. The space provided is oriented to the household use.
b. The space provided is sufficient space for the enjoyment of the occupants.
c. The space provided is either useable by all the residents of the building or is provided for
each residential unit in the structure.
a. Visual and pedestrian access (including barrier free access) to the abutting structures
b. On site or building mounted lighting, providing at Icact 0.6 foot candles (average) on the
Page 36 of 72
_ ..._
Public Spaces".
d. The adaptive reuse of an existing building may not be required to meet the 10% open
space requirement, see Section 7.12.7 of the Adaptive Reuse Ordinance.
c. Paved walking surfaces provided shall consist of cither concrete, pervious concrete or
standards.
or individual street furniture, etc.), or one individual seat per 60 square fcct of plaza arca
or open space.
e. eee
storage or retail sales areas.
h. Landscaping provided to enhance the area shall provide at least 30% of a plaza or
i. Half of the 10% open space requirement may be met for the mixed use development
of the mixed use building, by a continuous sidewalk.
._ e
2. Gymnasiums or fitness rooms.
3. Landscaped indoor atriums or courtyard areas with seating (e.g. as seen in many Omni
Hotels).
�. Community recreational space.
C. Within the downtown and uptown CR 1, CI, and CBD Districts, the square footage of outdoor
6.8.13 Building Orientation, Massing, and Facade Appearance.
Page 37 of 72
E. No permanently installed burglar bars shall be visible from any public street. The ground floor
portion of a mixed use building may install fully retractable metal security screening or storm
shutters that secure windows and doors when the nonresidential portion of the mixed use
building is not open for business, and must not be visible during business hours. (See Section
6.13.1(E)(5), Figs. 8-11).
*
6.8.16 Access and Driveways.
A. Access to parking areas shall be provided from the rear or side of the mixed- use building,
unless the mixed-use building is part of an Adaptive Re -use project in which case the standards
of Section 7.12 shall apply.
B. All other access drive dimensions for the lot or development must be in compliance with the
City of Corpus Christi's Manual of Driveway Design and Construction Standards.
C. Mid-BleckPedestrian Pass-throughs.
1. Where a proposed large-scale Mixed Use Special Overlay development project includes
pedestrian pass-through or galleria shall be provided (Figs. 6.8.16.0.1).
Page38of72
Figures 6.8.16.C.1. Pedestrian Pass-Throughs
Itirealit
..o
. _
a .1 In
lb
Page38of72
Figures 6.8.16.C.1. Pedestrian Pass-Throughs
*
6.8.17 Parking.
*
The requirements of this Section supersede the parking requirements of Section 7.2 "Off -Street
Parking, Loading and Stacking" regulations of the City's Unified Development Code; however, all
other requirements of Section 7.2 shall apply.
*
F. Rear Parking Allowance. Parking for non-residential uses fronting a Freeway, or Arterial right-
of-way shall make every attempt to locate the new required parking spaces behind the rear facade
of the principal building (Figs.6.8.17.F).
Page 39 of 72
Figures6.8.17.F.
NOT THIS TF-iES
1
JL
Mapr- Sit
Major Street
1 —__
1
rrrlrIT1I-11-1-TT Ii`
-EIIIIIt;-(i
1 l:A.
its
H+444444
r�i
111 i Il'i1�
1
I.__E
1-141-1-1s
HA*.
–
1111111 ! 4141+1+1414i
iL„,,, i 111111;:1411111 iit
11
_ 1I
Comraatigwa/ Parlcina and PreferredPacdra iilward
ccen'
Ass Cnflgo ra n ca rioAlcoa= CoeEMtsratio rt
THIS OR THIS
Strout Linar Rena ,:
a
Street
Liner Retail 1 1
Liner rRatai
o Big Box
= o c-Ciastc,
ii%�
..00.n= w0 000 .0 n
I
L
oomsr
Parkins;
_
- - �� _ �- _ _ - —__ . _ _-�
Customer
Parking
Big Box
now.- 00.000 ea n
A►tere tiv. plans of . Image format store esirp liner retail to improvn its i fserfaa wits ratr..1
1. Off-street surface parking areas constructed and located behind the principal buildings which
are screened from the view of the Freeway or Arterial Street, or Collector right-of-way by the
principal building shall be consistent with Section 7.3.11 and shall be required to install
canopy trees with a minimum caliper of 2.5 inches every 30 linear feet of applicable street
frontage. exempt from thc parking lot landscape screening requirements of thc City's
-
is located across a street or abuts the rear parking lot.
2. For every parking space provided behind a principal building fronting an Freeway or Arterial
Street, or Collector right-of-way, one parking space may be deducted from the total minimum
number of parking spaces required onsite for the use (1:2 ratio, one rear parking space
provided for every two spaces required onsite).
3. Where parking is provided behind the principal structure on Freeway or Arterial Street, or
Collector right-of-way, the front yard setback for the business or office may be reduced to a
minimum of 10 feet, regardless of the requirements for the district in which it is located,
provided that the front 10 -foot yard of the business or office is supplied with a 10 -foot
pedestrian -friendly sidewalk.
4. All parking areas provided behind the principal use must be provided with safety lighting, in
accordance with the lighting standards of the Illuminating Engineering Society of North
America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces"
and shall be shielded.
Page 40of72
G. Parking Reduction: Parking relief may be granted by each or all of the following subsections
Administratively by staff. Bicycle parking shall not account for more than 25% of the off-street
parking requirements.
1. Low Impact Development features may be built and would reduce parking requirements
in a 1 to 1 ratio measured by the typical square footage of a parking stall.
2. Cross access agreement or easements may be installed in the side or rear of the
development and could result in a maximum reduction of 10 spaces.
3. Bicycle parking spaces may be installed to alleviate parking spaces if the development
is located adjacent to a bicycle lane or off road bike path required in the bicycle mobility
plan or adjacent to a street with an existing bike lane or existing off road bike path. The
provision of the bicycle parking spaces can be used to reduce required parking up to
10% as follows:
a. Six short term bicycle parking spaces (bike racks) for every one vehicle space;
and/or
b. Two long term bicycle parking spaces (bike storage lockers) for every one vehicle
space.
GH.At a minimum, the following parking shall be provided for a mixed use development:
1. Parking for medical, non-medical, retail, commercial, or professional office space shall be in
accordance with the parking requirements of Section 7.2.2.D
2. Townhomes, brownstones, duplexes, live/work units and each apartment within a mixed-use
building shall require a minimum of one off-street parking space per dwelling unit, with a
maximum of two off- street parking spaces per unit, unless other requirements are provided
under a Special Overlay District or other Development Concept Overlay District.
141. Parking Garage Structures. Where off-street parking facilities in above- grade structures
are proposed within a Mixed Use Special Overlay development, the above grade structures shall
comply with the following standards:
1. Where above -ground parking structures must front on an Arterial or Collector retail or
commercial street, a continuous street -fronting ground level commercial, office, or
institutional spaces and uses shall be provided, except at ingress and egress points into the
structure and any required ventilation (Fig. 6.8.17.H.1).
§ 6.13 Streetscape Zone Standards
* * * * *
6.13.2 Streetscape Zone and Pedestrian Amenities
Page 41of72
G. Displays and Equipment.
1. Outdoor displays. sales. and service shall be permitted in accordance with the Municipal
Code.
1. Outdoor displays, sales, and services (in connection with a vegetable stand, news stand, a
permitted vendor, farmers market, cafe, or restaurant) may take place on an outdoor patio or
sidewalk, provided that no display or sales shall be allowed to block the required 5 foot Clear
Zone of the sidewalk
Privilege Agreement with the City.
sales, or food and beverage service at the close of business each day shall be removed or
security risk.
public views from the ground elevation.
§ 6 7 A 7 0 Zero I of 1 ine Development
6.14.10 Zero 1 of 1 : e Dcvclopmcnt
A. Zero lot line development is permitted within the Development Concept or Special Overlays,
Section 1.3.5:
1. The setbacks required and where provided for under a Development Concept Overlay or a
Special Overlays shall take precedence over the requirements of Section 4.3.5. Where
pFevail,
techniques:
a. Through strategic placement and spacing of the windows on the zcro lot line side of the
Page 42 of 72
b. Window panes must be designed to provide semi or complete opaqueness (block glase,
neighboring buildings through the spacing of windows (Figs. 6.11.10.A.2.b).
c. All windows located along the zcro lot linc wall must meet the City's Building and Fire
Department Codes.
Section 9.5.a
Page43of72
ES iii
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Section 9.5.a
Page43of72
SECTION 7. UDC Article 7 "General Provisions", Section 7.1 Access and Circulation,
Subsection 7.1.7 Driveway Design Standards; Section 7.5 Signs, Subsection 7.5.15 Permanent
Signs Allowed in the Business and Industrial Districts, Section 7.11 Neighborhood Mixed -Use
(NMU) Development Standards; and Section 7.12 Adaptive Reuse Development Standards,
Subsection 7.12.1 Purpose is amended by adding the following language that is underlined
(added) and deleting the language that is stricken (deleted) as delineated below:
§ 7.1 Access and Circulation
7.1.7.A. Driveway Spacing
Note 3. Notwithstanding the spacing requirements listed, any property having 300 feet of
frontage shall be allowed two driveways. The driveways shall be located in such a manner as to
maximize the spacing between the driveways and driveways on adjacent properties.
a. Driveway Frequency. The number of non-residential driveway approaches for a given
frontage shall comply with the design standards adopted herein and shall not exceed the
following frequency:
DRIVEWAY FREQUENCY LOT FRONTAGE (per Roadway)
One Driveway Up to 94' of lot frontage
Two Driveways 95' to 300' of lot frontage
b. Minimum Spacing. Minimum spacing between driveway approaches within the same property
lines shall be as follows:
TYPE OF DRIVEWAY MINIMUM SPACING
Residential 25'
Jon a Collector and Arterial Roadways)
Non -Residential
25'
The minimum spacing between driveway approaches shall be measured as the tangent curb
length. Figure 1.
*
*
*
,§7.5 Signs
* * * * *
7.5.15 Permanent Signs Allowed in the Business and Industrial Districts
Page 44of72
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.
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.
Table of Sign Types
Permanent Sign
Types
RM
-AT
Billboard (4) NP NP
Marquee Sign (2)
1 P P
Canopy or
Monument Sign I P 1
P
Pole Sign ' NP � P
Roof Sign NPI NP
Wall Sign (1) � P � P
CN CN CR CR
-1 -2 -3 -1
NP NPI
NP NP
P P P P
lPIPIPIPI
P ' P 1 NPI NP
NPI NPI NPI NPI
P IPIPIPI
CR
-2
CG
-1
CG
-2
CI BD
NP NPI
NP P 11\113
P I PI IlP P
P I PI
PIP I
NPI PIPIP I P
NPI NPI NPINP
INP
P I PI PSP INP
i
IH
IC
NP IP
IP
NP NP NP
P P IP1P1P1P
P I P IP I P I P I P
P'P IPI PIPIP
NP I NP IN I NPI NPI NP
P IP IP IPIPIP
Other Characteristics
Manual Changeable
Copy
I PIP I PIPI PI P IP I P IPIPH
Automatic
Changeable CopyP P P P P P P I P P IIPI
P P IPIPIPIPIP
(3)
RevolvingI NPI NPI NPI NPI NPI NPI NPI NPI NPINP
INP I NP I
NP IN INP INP INP
Page 45of72
Noise Producing
1 NPI NPI NPI NPI NPI NPI NPI NPI NPI NP NPI NP NP NP NP NP NP
"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:
k.
1. For design standards for wall signs, see Subsection 7.5.3.
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
7.11.1. Purpose anti Intent
The purpose of the standards for this Section is to provide for a mix of email to medium ccalc
residential uses, with an emphasis on smaller commercial uses, within a multi modal environment.
The intent of these standards is to:
•
B Encourage infill and redevelopment utilizing commercial, professional office, and residential
C. Allow flexibility in development standards for residential mixed use buildings that are similar in
D. Limit the size of any one commercial retail use to keep the scale of commercial activity
appropriate to the surrounding area while providing services to local residential communities.
7.11.2.District n uewances
1 \ - -• - - - - - ' ' -e
- - - e.
- - - - e- - e- -- - - - - -
/1.5, RS TH, RS TF, RM 1, RM 2, RM 3, ON, CN 1, CN 2, CR 2, and CR 3 Zoning Districts in
accordance with the standards of this Ordinance.
A. Neighborhood Mixed Use (NMU) development shall be defined for the purpose of this,
Ordinance as a small scale residential mixed use development (e.g., a small market, dry
Page 46of72
. 'e~° .' e
unit located above the non residential use).
^^ev ^°°e " -e - - e' e ~e ~' e- "- -" °^ ' '° ^- :
- e. 'e--~:
oonemz onto a Arterial or Collector Sheet, as designated by the City's Urban Transportation
Plan.
C. Lots contiguous to corner lots and fronting on an Arterial Street may also bc developed for
'."
.-. ;- -ee-e .
O. Only one Neighborhood KAixedUoabui|dingiopormd±odporbkoch.TvvoRccidontio|MixedUse
buildings per the same residential block may bc permitted, only if the second mixed use
e e,e -; e•-
..••- •e•
.-
'~-.e.- e
~ .- e °e° -
only one restaurant, one office, one gift shop, one barber shop per block).
-
'-. -'
-e 'ee - .- .�. -'`-.
'.`
constructed as an accessible unit, in which case the residential or a of the unit may bo
Page47of72
F. The nonresidential portion of the Neighborhood Mixed Use building may not bc divided from
the residential area of the building through sale, rcnt, or I acing. The Neighborhood Mixcd Use
H. The minimum size for stash residential space in a Neighborhood Mixcd Use building shall bc
800 square feet. The maximum residential space within the structure must not exceed 1,500
square feet. The maximum floor area of the entire mixed use structure may not exceed 3,000
square feet.
Page48of72
1. The mixture of uses shall occur in the same building. The residential use shall not exceed thc
J. The conversion of any accessory structure to commercial use shall be prohibited.
K. Each residential portion of the Neighborhood Mixed Use building shall contain at looast one
owner, or family member of the owner, or an employee that works onsite for the owner, that
L. The entire unit may be leased as one unit, only if the tenant operates the business portion of
M. No more than two additional employees (other than the onsite residents) residing outside of
mixed use building may be employed within the business portion of the building per shift.
N. Existing residential buildings may be redeveloped as a Neighborhood Mixed Use Building,
provided that non residential portion of the mixed use building is a permitted use listed under
to the remaining standards of this Ordinance.
O. Neighborhood mixed use structures shall be required to meet the City's Building Codes.
P. The non residential portion of the mixed use building may not be used purely for storage.
Storage of supplies may not occupy more than 10% of thc non residential space in the mixed
use building.
Zoning District.
lesated-
C. A Live Work unit may be constructed on a nonconforming lot having a minimum width of 21
feet, when constructed in accordance with the Live Work standards outlined under Section
6
A. F-ront Sctbasne:
Page 49 of 72
•
•
•
provided and designed in accordance with thc dimensions proposed within thc City's
Urban Transportation Plan for the proposed development site and thc standards of thc
setback shall then be measured from the property line for a distance of 0 to 10 feet.
the district allows for a non residential use, shall be the average of the setbacks of
structures on abutting lots (Fig. 7 11 5 A.1 c).
permitted to remain. The sides of existing porches and stoops may be enclosed only by
screens.
1. The street side yard shall measure a width of within 1 to 5 feet of thc existing depth of the
2. The non street side yard must be a minimum of 5 feet, with exception of Neighborhood
Mixed Use development proposed within the CN 2 Zoning District, in which case a 10 foot
residential district.
Page 50 of 72
development:
Adult Day Care Centers
Bed & Breakfast Home (no allowance for special events}
Cafes and Bistros (no alcohol sales, uniese permitted by district)
Child Day Care Centers
Civic/Government Office Uses
Fashion, Graphic, Interior and Other Designers
€ierisrt
Home Occupations
Ins Cream Parlors
Laundromats
Non Medical Officcc
Real Estate Offices
Restaurants, Food & Beverage Service, (sit down or take out services permitted. alcohol
Page 51of72
Tailor/Seamstress/Dressmaking
interier
•
D. No permanently installed burglar bars shall be visible from any public street. The ground floor
portion of the mixed use building is not open for busiAc;,.
business hours (Figs. 7.11.7.D).
Page 52 of 72
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Page 52 of 72
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_ ........_„„....„
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street.
H. There shall be no outside display of goods and/or services unlc:f a 10 foot sidewalk width is
C'ear Zone of the sidewalk. (A Use Privilege Agreement and fee may be required by the City).
Use buildings, and constructed in accordance with the American's with Disabilities Act
Standards.
8. If an existing structure located along an Arterial or Collector Street is being remodeled as a
street front.
7.11.9. Access.
Section 7 1 4 1 0 below are met
Page 53 of 72
7,1-1,1-0—Parking
A. Parking for a residential mixed use project is only permitted in the non street yard side or rear
yard of the mixed use structure.
B. Although the Neighborhood Mixed Use building requires direct pedestrian acccsc from the
with Disabilities Act Standards, may be provided in the rear or non street yard side of the
exceed 25 feet in dcpth (Fig. 7.11.10.0)
Figure 7.11.10.C.
Single
Family
Residence
Single •
Family
Residence
1
a'
u
o
I J
Parking o
d
ID • op
25'
No Parking in Setback ��
Residential
Mixed Use
Building
0
0
n a
n.n
,idea
Sidewalk
Arterial Street
Property
Line
D. There shall be a minimum of two and a maximum of three parking spaces for the non residential
maximum of two off street parking spaces for the residential portion of the mixed use building.
7.11.11. Strcctscapc Zone
flower planters or window boxes must be provided to promote an inviting pedestrian
atmosphere (Figs 7.11.11.A).
Page 54 of 72
neighborhoods, therefore a solid screening fence shall not be required between a residential
mixed use building and adjacent residential structures and districts; however, vehicular
^ e-° ' ^e 2.^- ° ^- � v ^e ^^- ^e° e -''^ e'
1. Rear Ya -rd. Vehicular screening shall not be required for parking arc\as located behind thc
ctructure, but must bc provided along the rear property line where o rec.;idcntia| home
''-. 2 .- : ttt -�
° ;-; . e'`.
vehnularuseonea
b. A solid fence measuring no than 5 feet and no grc\ater than 7 feet in height.
2. Ned Street Side Yard. Parking located within the non street side yard must be screened
. 2''. f.- : ~' - e .- .* ~- .°e'
a. Hedges (minimum 3gallon container) that shall be maintained to a height of from 21 to
-t t~ .- -- ' e. = .
b. A solid decorative wall not than 3 feet in height, and not exceeding 4 feet in height.
3. Fencing of any type shall not be permitted along the front property line or along an Arterial
v e~e 'w". e ~
' ' - '''-� ''- - '.. . -.'.:
Page 55 of 72
11. Fencing may not intrude upon, or open onto, any portion of the pedestrian sidewalk.
--.
options:
1. Attached, commercially prepared painted wall signs not exceeding 32 square feet in area
2. Address signs not exceeding 2 square feet in area.
e.
the 5 foot Pedestrian Clear Zone along a sidewalk.
1. Hanging and wall mounted blade signs not exceeding 1 square feet in area, provided that
the signs shall not project more than 4 feet from the building or one third of the sidewalk
width ..hich� s Ieso
Page 56 of 72
5. All signs shall meet a minimum vertical clearance of 7 feet.
uses and shall be shielded from spillover.
G. Accessory structures onsite are not permitted to be used for commercial purposes.
H. Outdoor displays and storage other than vegetation planters shall not be permitted onsite.
with the neighboring residential uses. Hours of operation are limited to 7:00 a.m. to 9:00 p.m.
da+fy.
§7.12 Adaptive Reuse Development Standards
7.12.1 Purpose.
The purpose of the Adaptive Reuse Development Standards is to revitalize areas of the City's
downtown areasdistricts (and any other pre -determined or targeted area) by facilitating the
conversion of older, economically distressed, or historically significant buildings consisting
of residential or tourist uses mixed with Commercial, Professional Office, Civic uses,
This will help to reduce vacant space as well as encourage the development of a
diverseresidential community downtown and rehabilitate buildings within once thriving
culturally significant areas of the City other blighted arenas of the City, thus creating a more
balanced ratio between housing and jobs in the region's primary employment centers.
Rehabilitation (Historic) is defined as encompassing all construction work classified by the US
Page 57 of 72
census as "alterations", such as facade construction, major roof repair, or room alterations.
*
SECTION 8. UDC Article 8 "General Provisions", Section 8.2 Design Standards, Subsections
8.2.1 Streets and 8.2.2 Sidewalks; Section 8.4 City Participation in Streets and Drainage
Crossings, Subsection 8.4.1 Streets; and Section 8.5 Trust Fund Policy, Subsections 8.5.1
Water Trust Fund, 8.5.2 Wastewater Trust Fund and 8.5.3 Stormwater Trust Fund is amended
by adding the following language that is underlined (added) and deleting the language that is
stricken (deleted) as delineated below:
§8.2 Design Standards
*
8.2.1. Streets
All streets shall, at a minimum, be designed and installed in accordance with the Comprehensive
Plan, applicable area development and master plans, the approved Mobility Plan, and the Design
Standards.
1. Streets shall be designed for a 30 -year life in accordance with the American Association of
State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures
("the AASHTO Design Guide") 1993 Edition and supplements, unless a later edition of the
AASHTO Design Guide is required by the Design Standards under the latest edition of the
Infrastructure Design Manual and supplements.
2. Streets shall be designed and installed in accordance with the approved Mobility Plan.
3. Streets shall be designed and installed to meet the requirements of the Design Standards.
4. In the event of any conflicts between the Design Standards and any edition or supplement to
the AASHTO Design Guide, the Design Standards prevail.
5. Where the required street improvements are encompassed entirely within the proposed
development, the developer will be considered responsible for the entire width of street
improvements, up to and including that of a residential collector.
*
8.2.1.K. Off-site Improvements
1. Where anv street forms part of the boundary of a subdivision and some part of the width of
said street has been dedicated or committed to dedication, the developer shall be required
to dedicate such additional land necessary to provide one-half of the street width required in
the Urban Transportation Plan.
2. Where the required street improvements are not encompassed entirely within the proposed
development, the developer will be considered responsible for one-half of the width of street
improvements, up to and including those required for a residential collector.
Page 58of72
8.2.2. Sidewalks
B. Waivers Edi*{ for Required Sidewalk Improvements
1. A waiver may be granted by the Planning Commission to the standard in paragraph
8.2.2.A in accordance with paragraph 3.8.3.D - -
satisfied
1. Sidewalks shall not be required along each side of a street right of way where such
street is a permanent dead end street and where there is pedestrian access from the
permanent dead end street to a paved hike and bike trail. In such instance, a sidewalk
2. Sidewalks shall not be required along street rights of way where each lot fronting on such
street has
3. Sidewalks shall not be required for residential subdivisions in the Farm Rural and
Residential Estate zoning districts.
Manager of Development Services.
C. Administrative Exceptions for Sidewalk Improvements
An administrative exception may be granted to the standard in paragraph 8.2.2.A
only when the following conditions are met.
1. Sidewalks shall not be required along each side of a street right-of-way where such
street is a permanent dead-end street and where there is pedestrian access from the
permanent dead-end street to a paved hike and bike trail. In such instance. a sidewalk
only shall be required on one side of the street right-of-way. or
2 Sidewalks shall not be required along street rights-of-way where each lot fronting on
such street has direct access from the side or rear to a paved hike and bike trail, or
3 The lot is a minimum of 22,000 square feet and zoned Farm Rural or. Residential
Estate. or
4 Sidewalks adjacent to private streets may be allowed to be placed on only one side of
the street if the sidewalk width is 6 feet or greater, or
5. Sidewalk construction is not required if all the following conditions are met:
a. The lot does not front on. and is not adjacent to. a right-of-way. street.
alignment, or corridor that is designated on:
;. The Urban Transportation Plan (UTP) of Thoroughfare Plan. or has a
right-of-way width greater than 50 feet, or
ii. the MobilityCCPlan. including the Trails Master Plan (HikeBikeCC)
and the ADA Master Plan. or -
Page 59 of 72
iii. the Corpus Christi Metropolitan Planning Organization's (MPO)
Strategic Plan for Active Mobility, or
iv. any other plan that designates sidewalks or active transportation
improvements.,
b. The lot is zoned Farm Rural, Residential Estate or Single -Family Residential
RS -4.5 RS -6, RS -10, RS -15, RS -22, or Single Family ffesidential Two Family
(RS -TF);
c. There are no existing or planned sidewalks on adjacent lots;
d. At least 75% of the block face (lots fronting on the same side of the street as
the subject plat) is improved, as measured by the number of lots, or, by the
linear footage of the block face, and does not have sidewalks.
*
*
§8.4 City Participation in Streets and Drainage Crossings
8.4.1. Streets
A. All Streets
1 City participation funds may be used to fund street projects and ROW or other
improvements. City participation will be limited to a 30 percent reimbursement rate for the
construction of improvements. The oversizing of improvements, at the request of the City,
may be eligible for a reimbursement rate not exceed 100 percent of the cost for the required
oversizinq as outlined in this section.
satisfied=
42. Participation shall comply with Texas Local Government Code §212.071 et seq.
3 The developer shall submit the Public Improvement Package to Development Services for
review and acceptance.
24. The developer shall submit a reimbursement infrastructure participation application,
including all cost -supporting documentation, to the Development
Services
35. - - • -.._ - - - ---, -- - - ._
The infrastructure participation agreement must be have been
approved by the City Council after certification that the necessary reimbursement money is fully
available as required by Texas Constitution, Article 11, § 5 and City Charter, Article IV, § 7; before
any construction begins;
6. The Developer/Owner shall, before the agreement is executed by the City, furnish a
Page 60of72
performance bond if the contract is in excess of $100,000 and a payment bond if the contract is
in excess of $50.000. Bonds furnished must meet the requirements of Texas Insurance Code
3503. Texas Government Code 2253. and all other applicable laws and regulations.
reimbi ment•
2, No construction shall begin until the Assistant City Manager of Development Services has
3, Where the required street improvements arc encompassed entirely within the proposed
development, the developer will be considered responsible for the entire width of street
the Urban Transportation Plan.
2. Where the required street improvements are not encompassed entirely within the proposed
development, the developer will be considered responsible for one half of the width of street
C -B. Drainage Crossings
Where crossings over drainage ways are necessary, the developer shall be required to
construct the crossings at its expense if the ultimate bottom width of the drainage way does not
exceed 15 feet. If two or more developers own property adjacent to the drainage way, they
shall deposit an equal share of the estimated cost of the bridge or crossing. The crossing shall
be constructed when all developers involved have deposited their share of the money for the
construction. The City shall participate in the cost of construction of any drainage way crossing
if the ultimate bottom width of the drainage way exceeds 15 feet, the side slope is approved by
the Assistant City Manager of Development Services and the following conditions are satisfied:
1. Before construction begins, available funds shall be appropriated and certified and the City
Council shall authorize an infrastructure participation agreement.
2. Participation shall comply with Texas Local Government Code §212.071 et seq. The
participation shall be an amount determined by multiplying a fraction comprised of the
ultimate bottom width less 15 feet divided by the ultimate bottom width and the applicable
construction costs. The City shall not under any condition participate in the cost of
construction of any drainage way crossing if the ultimate bottom width of the drainage way
is 15 feet or less; nor will the City participate in an amount greater than the amount
determined by the above formula if the property on one side is an existing street or any other
public property: nor will the City participate if the bridge is located outside the City limits. In
estimating the total cost of construction for bridge crossings. the plans shall include the
structure. headwalls. retaining walls. embankments. roadways. pavement. curbs and gutter.
Page 61 of 72
sidewalk, railing and related drainage structures, testing and engineering and related project
expenses within the drainage right-of-way excluding 10 feet of improvements on each
outside edge of the right-of-way.
3. All engineering work shall be performed by the developer's Texas licensed professional
engineer and approved by the Assistant City Manager of Development Services.
Participation by the City shall be limited to the total costs (inclusive of engineering fees) for
the improvements required by the City. Anything in excess or more elaborate than the City's
requirements will be at the developer's sole expense.
C. Other Public Improvements
Other public improvements may be considered for funding if they are consistent with the
comprehensive plan or utility master plans and implement city initiatives including but not
limited to incentivizinq affordable or work force housing, walkable communities, mixed use
projects in an area development plan designated for mixed use development,
redevelopment of vacant buildings; streetscape enhancements along UTP streets, and
rehabilitation of buildings with local, state or national historic designations.
§8.5 Trust Fund Policy
8.5.1 Water Trust Fund
8.5.1.A. Purpose
The purposes of the Water Trust Fund are:
1. To encourage the orderly development of subdivisions within and surrounding the City;
2. To establish an equitable system of spreading the cost of water line extensions
required for development pursuant to the Water Master Plan;
3. To establish an equitable system that can be effected by the establishment of trust
funds to be administered by the City for the purpose of carrying out orderly water line
extensions; and
4. To establish a system of credits and reimbursements for developer- installed water line
extensions meeting the Water Master Plan when the developer is a non -taxing entity that
is contributing acreage or lot fees under this Unified Development Code. Water
infrastructure funded by Tax Increment Financing, Special Assessment District, or other
public financing is ineligible for water trust fund reimbursement unless approved by City
Council.
5. The Developer/Owner shall, before the agreement is executed by the City, furnish a
performance bond if the contract is in excess of $100,000 and a payment bond if the
contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas
Page62of72
Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and
regulations.
6. In order to request funds for reimbursement from the Trust Funds a reimbursement
agreement application shall be submitted and include the following: planning
commission approved plat, public improvement plans, cost estimate, application fee, and
must be deemed complete before a date for City Council consideration will be scheduled.
7. City Council may, after a public hearing, transfer, monies from one trust fund to the other
in order to better carry out the purposes of this Unified Development Code. Water trust
funds may be transferred to water or wastewater trust funds.
8. Once every two years, City Council shall review the adequacy of all fees and charges
established herein and the sufficiency of the trust funds, and may, after a public hearing,
adopt a new schedule of fees and charges.
9. Once every two years or as requested, City staff shall brief City Council on the fiscal status
of the Trust Funds.
*
8.5.1.C. Credits and Reimbursements
*
2. Distribution Main Extensions
When a subdivision, single lot, or tract is developed within an existing grid or in the adjacent
grid area, but is not adjacent to the grid main, the extension of a water line may be made
to serve the property either by the City or the developer if such extension is necessary to meet
the Water Distribution System Standards. The maximum extension shall be limited to one-
half mile (2,640 feet). erg Id the fee value of the property does not equal 50% of the off-site
extension cost, the extension will not be made unless the developer provides the difference
between the fee value and +fie 50% of the off-site extension cost, which difference shall be
non -reimbursable.
- - ether in
ids -ray
charges
hearing, adepa
45. Exemptions
Page 63of72
&6. Exemption for Certain Padre Island Properties
8.5.2 Wastewater Trust Fund
8.5.2.A. Purpose
The purposes of the Wastewater Trust Fund are:
1. To encourage the orderly development of subdivisions within and surrounding the City;
2. To establish an equitable system of spreading the cost of wastewater line extensions required
for development pursuant to the Wastewater Master Plan;
3. To establish an equitable system that can be effected by the establishment of trust funds to be
administered by the City for the purpose of carrying out orderly wastewater line extensions; and
4. To establish a system of credits and reimbursements for developer- installed wastewater line
extensions meeting the Wastewater Master Plan when the developer is a non -taxing entity that
is contributing acreage or lot fees under this Unified Development Code. Wastewater
infrastructure funded by Tax Increment Financing, Special Assessment District, or other public
financing is ineligible for wastewater trust fund reimbursement, unless approved by City
Council.
5. The Developer/Owner shall, before the agreement is executed by the City, furnish a
performance bond if the contract is in excess of $100,000 and a payment bond if the contract
is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code
3503, Texas Government Code 2253, and all other applicable laws and regulations.
6. In order to request funds for reimbursement from the Trust Funds a reimbursement agreement
application shall be submitted and include the following: planning commission approved plat,
public improvement plans, cost estimate, application fee, and must be deemed complete
before a date for City Council consideration will be scheduled.
7. City Council may, after a public hearing, transfer, monies from one trust fund to the other in
order to better carry out the purposes of this Unified Development Code. Wastewater trust
funds may be transferred to water or wastewater trust funds.
8. Once every two years, City Council shall review the adequacy of all fees and charges
established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt
a new schedule of fees and charges.
9. Once every two years or as requested, City staff shall brief City Council on the fiscal status of
the Trust Funds.
Page64of72
8.5.2.E. Credits and Reimbursements
1. Wastewater Trunk Line Extensions
In the event the trunk line system is not in place when required for development, the developer
may install that portion of the trunk line system necessary to meet the established design
standards.
e. Deferred Reimbursement
If the developer is owed funds from the Wastewater Trunk System Trust Fund
reimbursement shall be made as funds are deposited into the trust fund from other
development and/or, the developer will be given credit for lot or acreage fees that are due
on subsequent final plats filed with the County Clerk. The amounts credited will be deducted
from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust
Fund until the total amount owed has been paid, provided that the lands being platted are
within or contiguous to the boundaries of the preliminary plat of the originally developed
property, the land will be served by the wastewater trunk line for which the credit was given,
and an extension of the trunk line was not required to serve the land.
* * * * *
Collection Line Extensions
When a subdivision, single lot, or tract is developed within an area where the Assistant City
Manager of Development Services has determined that a collection line will serve such area,
the extension of a collection line may be made to serve such property either by the City or the
developer. Maximum developer reimbursement will be limited{^ st uch ^f site extensions to
50%.
*
e. Deferred Reimbursements
*
*
of the off-site extension cost.
*
If developer is owed funds from the Collection Line Trust Fund reimbursement shall be made
as funds are deposited into the trust fund from other development and/or, subsequent lot or
acreage fee credits from subsequent final plats filed with the County Clerk, which lands are
within or contiguous to the boundaries of the preliminary plat of the originally developed
property and which will be served by the wastewater collection line for which the original
credit was given but will not be served by any trunk or collection line extension, may be
credited to the outstanding amounts owed to the developer by the Collection Line Trust Fund
until the total amount owed has been paid regardless of the order reimbursement.
* * *
Page 65 of 72
3. Wastewater Trunk Force Main Extensions
If a trunk force main system is not in place when required for development, the developer may
install that portion of the trunk force main system necessary to meet currently adopted
Wastewater standards and shall comply with the current adopted Wastewater Master Plan
*
e. Deferred Reimbursement
If the developer is owed funds from the Wastewater Trunk System Trust Fund
reimbursement shall be made as funds are deposited into the trust fund from other
development and/or, the developer will be given credit for lot or acreage fees that are due
on subsequent final plats filed with the County Clerk. The amounts credited will be deducted
from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust
Fund until the total amount owed has been paid, provided that the lands being platted are
within or contiguous to the boundaries of the preliminary plat of the originally developed
property, the land will be served by the trunk force main for which the credit was given, and
an extension of the trunk force main was not required to serve the land.
* * * *
4. Wastewater Lift Station Installations
If a wastewater lift station is not in place or one that is in place is inadequate when required for
development, the developer may install or upgrade the lift station to meet adopted City
wastewater standards.
* * *
e. Deferred Reimbursement
If the developer is owed funds from the Wastewater Trunk System Trust Fund
reimbursement shall be made as funds are deposited into the trust fund from other
development and/or, the developer will be given credit for lot or acreage fees that are due
on subsequent final plats filed with the County Clerk. The amounts credited will be deducted
from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust
Fund until the total amount owed has been paid, provided that the lands being platted are
within or contiguous to the boundaries of the preliminary plat of the originally developed
property, the land is served by the lift station for which the credit was given, a new lift station
additional trunk line extension was not required to serve the land, and the new development
Page66of72
did not require the modification or expansion of the lift station serving the land.
8.5.2.1. Review cif Funds
other in order to better carry out the purposes of this Unified Development Code.
Wastewater trust funds may be transferred to wastewater trust funds or water trust funds.
adopt a new schedule of fees and charges.
8.5.3.A. Purpose
The purposes of the Storm Water Trust Fund are:
2.To establish an equitable system of spreading the cost of storm water collector extensions
f�
._-_..-
•
extensions; and
'1 .To establish a system of credits and reimbursements for developer installed storm water
selleste-F extensions meeting the Storm Water Master Plan when the developer is a non
taxing -entity -that -is contributing acreage or lot fees under this Unified Development Code.
8.5.3.B.Payment of Fecc
the lot or acreage fee, whichever is greater, shall be paid prior to the subdivision plat being
reserded.
for constructing storm water collectors.
3.AII fees and charges will be indexed to the August Construction Index published in the
Engineering
8.5.3.C.Credits and Reimbursements
Page 67 of 72
2.Credits
tZe-
for the actual
Manager -of
and is approved.
3. Reimbursement
installation is greater than the lot or acreage fee, the developer shall be reimbursed
from funds available from the Storm Water
Collector Trust Fund for that portion of the storm water
developer.
b.If the location or size of the developer's proposed storm water collector is not consistent
with -the City's Storm Water Master Plan for the drainage basin, the developer's
application for reimbursement may not be considered until an amendment to the Storm
Water Master Plan has • - _ • _ .. _ _ _ - _ _ -
and submit a draft amendment to the Storm Water Master Plan to the Assistant City
required. If the Assistant City Manager of
amendment, the amendment shall be
recommendation and to the City Council
The submissions for draft amendments to the Storm Water Master Plan shall
address the current
wastewater service and roads constructed to the standards in the Urban
tracts of land
that will be served by the proposed storm water collector. The draft amendment to
the applicable Storm Water Master Plan should contain a recommended
_ - - - related storm water major drainage channels and
6.Payment and Priority of Reimbursement
Page 68 of 72
A storm water collector construction and reimbursement agreement must be
approved by the City Council before the developer starts construction. The
reimbursement only shall be made when
from the Storm Water Collector Trust Fund. The order of reimbursement will bee
reimbursement agreement is approved by the City Council.
6.Deferred Reimbursement
If an developer is owed funds from the Storm Water Collector Trust Fund, the
credit for lot or acreage fees that are due on subsequent
final plats filed with the County Clerk, and the amounts credited will be deducted
are met:
cenctikwis
9f -the efigigatty-cleveloced-cr-cceFtayL;
est^e�eablshed in Subsection 8.5.3.B and the sufficiency of the Storm Water Collector Trust
Fund and may, after a
8.5.3. E. Exemptions
except that, if at the time of replotting, the land use has changed to where the higher lot or
lower fee rate.
including sales
and accessed by such government subdivisions, shall be exempt from payment of
acreage fees and surcharge fees described herein. Entitics exempt from payment of
-- _ - reimbursement from any fund established as
a depository of such fees.
8.5.34. Replatted Property
Page 69 of 72
SECTION 9. UDC Article 9 "General Provisions", Section 9.2 Nonconforming Uses, Subsection
9.2.1 Compliance for Nonconforming Uses; Section 9.4 Nonconforming Improvements or
Structures, Subsection 9.4.2 Government Acquisition is amended by adding the following
language that is underlined (added) and deleting the language that is stricken (deleted) as
delineated below:
§9.2 Nonconforming Uses
A nonconforming use is a land use that, at the effective date of this Unified Development Code or
as a result of amendments to this Code, does not meet the standards of this Code. In addition, a
use requiring a special permit but lacking such permit shall be deemed a nonconforming use.
9.2.1. Compliance for Nonconforming Uses
Except as otherwise provided herein, a nonconforming use may be continued subsequent to the
effective date of this Unified Development Code provided that such continuation is in accordance
with the provisions of this Article and all other applicable codes of the City necessary to ensure
adequate protection and safety of adjacent property and the users and occupants of the
nonconforming use. The right to operate a nonconforming use, however, shall cease and such
use shall conform to the provisions of this Unified Development Code under any of the following
circumstances:
E. Exceptions for single- or two-family residential uses:
1. Structures that are receiving Disaster Federal grant funding for repair or reconstruction
shall maintain nonconforming use.
2. After a declared natural disaster, projects utilizing private funding may be considered
administratively after submission and proof of damage from natural disaster may be
required.
3. Structures utilizing grant funding through the City of Corpus Christi, Housing and
Community Development, may be eligible for an administrative decision.
§9.4 Nonconforming Improvements or Structures
*
Page 70of72
9.4.2. Government Acquisition
Where a lot is occupied by a lawful structure, and where government acquisition of right-of-
way, by eminent domain, dedication or purchase creates noncompliance of the structure
regarding the development standards in Article 4, the structure shall be deemed a conforming
structure. In the event a nonconforming structure, regardless of ownership or acquisition, that
such structure is partially or totally destroyed by natural or accidental causes, the structure
may be rebuilt in its original location upon issuance of a building permit in accordance with
Section 3.18.
This does not waive, relieve, or alter the Owners responsibility to comply with the Flood
Hazard Prevention Code or International Code Council (ICC) construction codes adopted by the
City of Corpus Christi at the time of permitting.
* * *
SECTION 10. If for any reason, 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, it may 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 of this ordinance be
given full force and effect for its purpose.
SECTION 11. 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 and Section 1-6 of the Corpus Christi Code of Ordinances
SECTION 12. 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 13. This ordinance shall become effective upon publication.
Page 71of72
That tho foregoing ordinance was read for the first time and passed to its second reading on this
the day of s,L, l 021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
�1
That the foregoing ordinance was read for the second time and passed finally on this the d`
day of Or 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
PASSED AND APPROVED on this the TTY day of
ATTEST:
John Martinez
Ben Molina
Mike Pusley
Greg Smith
, 2021.
Rebecca Huerta Paulette M. Guaj
City Secretary Mayor
r
EFFECTIVE DATE
Page 72 of 72
032357
Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032357, Ordinance
amending the Unified De-
PO BOX 9277 velopment Code amending
defined terms, administra-
tive exemptions, design
CORPUS CHRISTI, TX 78401 standards, fees, appeals,
stays of demolition, zero lot
line development, residen-
tial development standards,
place of worship use,
STATE OF WISCONSIN) mixed-use overlay district,
)) streetscape zone standards,
neighborhood mixed-use de-
COUNTY OF BROWN) velopment standards, trust
fund policy, nonconforming
structures, driveway spac-
I,being first duly sworn,upon oath depose and say that I ing, visibility and mid-
am a legal clerk and employee of the publisher,namely,the block obstructions, develop-
ment incentives , combine
Corpus Christi Caller-Times,a daily newspaper published uses, reducing sebacks, in-
at Corpus Christi in said City and State,generally circulated creasing allowable accesso-
ry dwelling units, signs in
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, commercial districts and
Kleberg, Live Oak, Nueces, Refugio,and San Patricio, adding and removing lan-
guage to ensure consisten-
Counties,and that the publication of which the annexed is a cy with adopted local, State
true copy,was inserted in the Corpus Christi Caller-Times and Federal codes; and
on the followingdates: providing for penalty. This
ordinance was passed and
approved on second
reading by the Corpus
Christi City Council on Feb-
03/01/2021 ruary 23,2021.
/s/Rebecca Huerta
City Secretary
On this March 1,2021, I certify that the attached document
is a true and exact copy made by the publisher:
0 Legal Notice C -rk
Notary Pu lic, S ate of iscoinsin
ounty of Brown
thq.
Notary Expires
A.®.- ,was•__—••—
VICKY FELTY
Notary Public
State of Wisconsin
Publication Cost:$184.45 '�' ". � .
Ad No:0004619585
Customer No: 1490432
PO#: 032357
#of Affidavits 1
This is not an invoice