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Home My WebLink About024567 ORD - 08/28/2001 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3 BY ADDING A DEFINITION OF KENNEL AND ARTICLE 20, SECTION 20-5 AND ARTICLE 21, SECTION 21-6 BY REQUIRING BUILDINGS AND STRUCTURES USED TO HOUSE ANIMALS, BIRDS, AND POULTRY AT ANIMAL SHELTERS, KENNELS, AND COMMERCIAL ESTABLISHMENTS THAT RAISE ANIMALS, POULTRY, AND BIRDS WITHIN AN 1-2 LIGHT INDUSTRIAL DISTRICT AND 1-3 HEAVY INDUSTRIAL DISTRICT TO BE SET BACK AT LEAST 100 FEET FROM ANY REQUIRED YARD LINES IF ABUTTING OR ADJOINING A RESIDENTIAL DISTRICT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, on Thursday, November 9, 2000, the Animal Control Advisory Committee reviewed and recommended the adoption of this amendment. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesdays, June 6 and July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21,2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding Subsection 3-1.38.3 to Section 3-1 to read as follows: "ARTICLE 3. DEFINITIONS. "Section 3-1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance and none other certain terms and words are hereby defined as follows: * * * * * R01301B4.wpd -\-'! . F", 1;'/ I," , . '" ~. u ~ I . --r---+'--'- 2 "3-1.38.3 Kennel. A commercial facility where four or more dogs, cats, or other animals over three (3) months of age are kept, raised, sold, boarded, bred, shown, treated, groomed, but exclusive of animals used for agricultural purposes." * * * * * SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding Subsection 20-5.04 to Section 20-5 to read as follows: "Section 20-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: * * * * * "20-5.04 Whenever any buildina or structure. includina but not limited to a bird cooo. cattery. corral. doa run. oaddock. Den . oiaeon cote. rabbit hutch. stable. or stall in the "1-2" Liaht Industrial District used to house animals. ooultry. or birds in an animal oound. commercial animal. ooultry. or bird raisina establishment. or kennel. adioins or abuts a residential district. the buildina or structure shall be set back not less than 100 feet from all reauired yard lines abuttina a residential district. "ill A Farm-Rural zonina district is not considered a residential district for the ourooses of this subsection. "@ No setbacks are reauired for fenced oastures of at least one acre used to hold livestock. such as cattle and horses." SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding Subsection 21-6.04 to Section 21-6 to read as follows: "Section 21-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: * * * * * "21-6.04 Whenever any buildina or structure. includina but not limited to a bird cooo. cattery. corral. doa run. oaddock. oen . oiaeon cote. rabbit hutch. stable. or stall in the "1-3" Heavv Industrial District used to house animals. ooultry. or birds in an animal oound. R01301 B4'wpd :f r . 3 commercial animal. poultry. or bird raisinQ establishment. or kennel. adioins or abuts a residential district. the buildinQ or structure shall be set back not less than 100 feet from all required yard lines abuttinQ a residential district. "ill A Farm-Rural zoninQ district is not considered a residential district for the purposes of this subsection. "ill No setbacks are required for fenced pastures of at least one acre used to hold livestock. such as cattle and horses." SECTION 4, That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 7. 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 effect for its purpose. SECTION 8, 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. R01301B4.wpd ... . 4 That the foregoing orgjnance was read for the first time and passed to its second reading on this the tJ.,l71rdayof ~A(Y~ ,2001, by the following vote: Samuel L. Neal, Jr. ~ Rex A. Kinnison ~ Brent Chesney ~ John Longoria ~ Mark Scott Henry Garrett Jesse Noyola Javier D. Colmenero Bill Kelly That th~ fB~egoing 0 dinance was read for the second time and passed finally on this the ,-2'6-]'cfay of . , 2001 by the following vote: Samuel L. Neal, Jr. ~ Rex A. Kinnison C(ljR ? Brent Chesney * John Longoria (lhk{\)-- ~ Je"e No,ol. ~ Hemy G,,"'tt M.~ Soott ~, Bill Kelly -4 \ PASSED AND APPROVED, this the () (6'-t~~ of L ll{9j A 0'*=---, 2001. Javier D. Colmenero ATTEST: Armand~' City Secretary APPROVED: 17'h day of August, 2001: ~AW1J-~ ~~ ,.... Samuel L. N ai, Jr. Mayor James R. Bray, Jr. City Attorney By: 0245b'? R01301B4.wpd , f;.,. ",,"".': '....", PUBLISHER'S AFFIDAVIT ~ C" ') I; :.! \ r. . . State of Texas County of Nueces .,- } } ss: CITY OF CORPUS CHRISTI Ad # 3939313 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 3RD day(s) of SEPTEMBER, 2001. (/ 'It Co/pus ChdltlCIIIlIIt- TIm... Monday, Seplwnber 3, 20011C13 ~ - .- .. , , ~ N01'1CE Of PASSAGE Of ORDINANCE(S): NO. 024567. ordinance amending the Z0:ri"9 Ordinance by re'flsing Article 3 by adding a definition of kennel and Article 20, Section 2~-5 and Article 21, s~on 21-6 by requlnng buildings and structures used. to house animals, birds, and poultry at animal ah8tters k8nne18. and commercial establishments that raioj! a_.pOUItry" and birds wtthin an. - 2- Ligtlt Indus1nai, Dialrictane~-3' -vy '.... f: Industrial Qistrict ~ be (0" set back at least ~ 00 Pt.JlI "P. "-~ feet from any reqUl~' ~....C"> ~ yard lines if ab~lng ?T adjoining a residential district. ThIs ordlna.nCft ~!t- was passed and. ,:r ~ ~ approY~: by the.CI~ "$ l ~;lIt 1M3... ...,.... ." ~........ .....- "'00< '\: ,." ;.;r"2l101. ." is/ Armando Chapa CIIy_ry _ _~ty 91' Corpus Christi, S' Credit Customer Service Manager Subscribed and sworn to me on the date of SEPTEMBER 04.2001. (;10UJ_ YnaJ0J ,~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ... ~l