HomeMy WebLinkAbout022690 ORD - 09/10/1996AN ORDINANCE
ENACTING A MORATORIUM FOR TWO HUNDRED AND SEVENTY
FIVE DAYS IN THE "B-1" NEIGHBORHOOD BUSINESS ZONING
DISTRICT FOR ANY RESTAURANT USE EXCEEDING A 4,500 GROSS
SQUARE FEET BUILDING AREA COMMENCING SEPTEMBER 10,1996;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the unrestricted operation of large restaurants in neighborhoods may be
detrimental to the public health, safety, and welfare;
WHEREAS, a Department of Planning and Development study is being conducted to
research and resolve questions regarding the size of restaurants the "B-1" Neighborhood Business
District under the Zoning Ordinance of the City of Corpus Christi and whether such regulations
regarding restaurants should be revised; and
WHEREAS, the public health, safety, and welfare of the citizens of the City of Corpus
Christi will be served by enacting a two hundred and seventy (275) day moratorium prohibiting the
use of an area larger than 4,500 gross square feet as a restaurant use in the "B-1" Neighborhood
Business Districts of the City of Corpus Christi.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That no permit shall be approved by the City of Corpus Christi for any use
of an area larger than 4,500 gross square feet as a restaurant use in the "B-1" Neighborhood Business
Districts of the City of Corpus Christi for a two hundred and seventy (275) day period commencing
on September 10, 1996.
SECTION 2. That Staff will endeavor to provide persons applying for a commercial
building permit or a commercial certificate of occupancy in a "B-1" Neighborhood Business District
a copy of this ordinance during such two hundred and seventy (275) day period, provided however,
that failure to receive a copy of this ordinance shall in no way allow any person to avoid being
charged with notice of this ordinance.
SECTION 3. That the issuance of a building permit or a certificate of occupancy during this
two hundred and seventy (275) day moratorium shall not be construed as an approval of a protected
non -conforming use for a restaurant use in the "B-1" Neighborhood Business District subsequent
to September 10, 1996.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
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effect for its purpose.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 6. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is assed and shall take effect upon first reading as an
emergency measure this the /0 day of , 1996.
ATTEST:
City Secretary
THE CITY OF CORPUS CHRISTI
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED THIS THE 5TH DAY OF SEPTEMBER, 1996:
JAMES R BRAY, CITY ATTORNEY
By'
-Oa/
Osd4/
orbert J. Hart, Assis ;� ity Attorney
96NH2830.212
2
Corpus Christi, Texas
10 day of .5eptu'LI1lh) , 1996.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYOR
THE CITY OF CO
Council Members
The above ordinance was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
96NH2830.212
US CHRISTI
022690
3
PUBLISHER'S
State of Texas, ) CITY OF CORPUS CHRISTI
County of Nueces, ) ss: AD# TH53735
PO#
�t,,�,��� 13 P��1 8� c.-.
AFFIDL�ArVI'T
Before me, the undersigned, a Notary Public, this day personally came _Beverly
Baan�st. , who being first duly sworn, according to law, says that she is Business
Office Secretary of the corpiisfhiisti Caller Times , a daily newspaper
published at _conaus cnristi in said County and State, generally
circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricio, Victoria, and We�ib Counties, and that the
publication of Notice Qt_yyg€ Of Ordinance NO. 022690 Ordinance enacting
a moratorium for 275 days in the "B-1" NeiQhborhoodwhich the annexed is a true copy, was
published in the _CrePUS_CURLSTI cALLIR Tlnis on the 16th of September,
1996.
Time (s)
$ 35.15
1
1
0
.-
Business Office Secretary
Subscribed and sworn to before me the 12th day
of November, 1996.
Notary Public, Nuec
County, Texas
d Mit:
\1 cr t�° My Comm. Exp. 11.3046