HomeMy WebLinkAbout024580 ORD - 09/11/2001AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3,
DEFINITIONS; ARTICLE 4A, "F-R" FARM RURAL DISTRICT
REGULATIONS; ARTICLE 4B, "RE" RESIDENTIAL ESTATE
DISTRICT REGULATIONS; ARTICLE 4C, "RA" ONE-FAMILY
DWELLING DISTRICT REGULATIONS; ARTICLE $, "R-'IA" ONE-
FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE 6B, "R-TH"
TOWNHOUSE DWELLING DISTRICT REGULATIONS; ARTICLE 8A,
"A-lA" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 9,
"A-2" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 10,
"AT" APARTMENT-TOURIST DISTRICT REGULATIONS; ARTICLE 11,
"AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS; ARTICLE
12A, "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS;
ARTICLE 14A, "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT
REGULATIONS; ARTICLE 22, PARKING REGULATIONS; AND BY
ADDING A NEW ARTICLE 25A, SPECIFIC USE PERMIT (SUP);
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
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 Wednesday,
June 6, 2001, and July 18, 2001, during a meeting of the Planning Commission, and on
Tuesday, August 21, 2001, and 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, on August 21, 2001, after the public hearing was closed, the City Council
tabled the proposed ordinance to Tuesday, September 11,2001, and on Tuesday,
September 11, 2001, the tabled ordinance was removed from the table and the City
Council received additional public comment on the proposed amendment; 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 addinq definitions for the terms "bed and breakfast home (B&B)", "bed and
breakfast home with special events (B&B/SE)", "bed and breakfast inn (B&B inn)", and
"special event" and by revising the definitions of "family" and "dwelling, single-family" in
Article 3, Definitions, to read as follows:
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"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 only, and no other, certain terms and
words are hereby defined as follows:
"3-1.06.1 Bed and breakfast-(.B&B.) home (B&B). A private, owner-occupied
residence that offers sleeping accommodations to lodgers Sleepin.q accommodation.~
shall not exceed five (5) bedrooms and not more than ten (10) lodgers, b~_ !!m!*.cd t_'c four
,., ................................... ,-, .... ~- ..... ,- ........ m, not includinq the
owner-occupied rooms. Owner-occupied rooms include rooms occupied by people
related to the owner. For the purpose of this definition, a lodger means a person who
rents a room in a B&B home establishment for fewer than thirty (30) consecutive days.
Kitchen and dining facilities may be included to provide meals to guest only; however1
no food preparation shall be permitted in guest bedrooms. A bed and breakfast home
(B&B) is not a Single-Family Dwelling.
"3-1.06.2 Bed and breakfast home with special events (B&B/SE). A private, owner-
occupied residence that offers sleeping accommodations to Iodqers and conducts
special events for consideration. Sleepinq accommodations shall not exceed five (5)
bedrooms and not more than ten (10) lodgers, not including the owner-occupied rooms.
Owner-occupied rooms include rooms occupied by people related to the owner. For the
purpose of this definition, a Iod.qer means a person who rents a room in a B&B home
establishment for fewer than thirty (30) consecutive days. Kitchen and dining facilities
may be included to provide meals to ,quest and for special events held by guests on the
premises. However, no food preparation shall be permitted in quest bedrooms. A Bed
and breakfast home with special events (B&B/SE) is not a Sin,qle-Family Dwelling.
"3-1.06.3 Bed and breakfast (4~,l~)-inn (B&B inn). A facility that offers sleeping
accommodations to Iodqers. Sleepin,q accommodations shall not exceed twelve (12)
bedrooms and not more than 2z~ pc_'cplc lodgers. The owner and/or operator thct may
live on the premises. For the purpose of this definition, a lodger means a person whr~
rents a room in a B&B inn establishment for fewer than thirty (30) consecutive days.
Kitchen and dining facilities may be included to provide meals to ,quest only; however,
no food preparation shall be permitted in quest bedrooms. This term excludes any bed
and breakfast home.
"3-1.20 Dwelling, Single-Family. A dwelling designed and arranged exclusively for
the use and occupancy of one family. A bed and breakfast home (B&B) or bed and
breakfast home with special events (B&B/SE) is not a Sinqle-Family Dwell n.q
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"3-1.24 Family. A person or persons, occupying a dwelling, living together and
maintaining a common household, cf wh!ch cci mcrc thc,-, four m3y b3 which may
include up to four (4) boarders or roomers if each has a rental contract to occupy the
dwelling for at least thirty (30) consecutive days. This definition does not include
lodgers in a Bed and breakfast home (B&B) or bed and breakfast home with special
events (B&B/SE)."
"3-1.58.4 Special event. At a bed and breakfast home with special events (B&B/SE)
with a Specific Use Permit (SUP) under Article 25A, a special event includes a baptism,
bridal tea, charity fundraiser, corporate banquet, family reunion, qraduation party, office
party, private dinner party, photo shoot, political fundraiser, quincea~era, reception,
weddin.q, wedding reception, or similar type of functions being held on the premises by
a guest who has provided compensation for the use of all or a portion of the premises.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 4A, "F-R" Farm- Rural District Regulations, Section 4A-2
Use Regulations. to read as follows:
"ARTICLE 4A. "F-R" FARM-RURAL DISTRICT REGULATIONS
"Section 4A-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(15) B_~d ""'" ~'-""~'~""+ ,D.o, ,...,..~. ;~ !f approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with
special events (B&B/SE)."
SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 4B, "R-E" Residential Estate District Regulations, Section
4B-2 Use Regulations, to read as follows:
"ARTICLE 4B. "R-E" RESIDENTIAL ESTATE DISTRICT REGULATIONS
"Section 4B-2 Use Regulations. A building or premises shall be used only for the
following purposes:
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(12) ----""'~ .......... ~"~"~'~""*--. ,---,~m~ ~ ........ ~'"'"" ~. !f approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with
special events (B&B/SE)."
SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 4C, "RA" One Family Dwelling District Regulations, Section
4C-2 Use Regulations. to read as follows:
"ARTICLE 4C. "RA" ONE FAMILY DWELLING DISTRICT REGULATIONS
"Section 4C-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(12)___~'-'" _.._'-'-'" ........ ~'"'"~'~"~_. ,___,/~ ~ hcme if If approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with
special events (B&B/SE)."
SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 5, "R-lA" One Family Dwelling District Regulations, Section
5-2 Use Regulations. to read as follows:
"ARTICLE 5. "R-IA" ONE FAMILY DWELLING DISTRICT REGULATIONS
"Section 5-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(15)_D"'~ ...... .....~ _.__...__.~'"""~"* ,---,/mr ~ ..-...v~'"'~" if If approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with
special events (B&B/SE)."
SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 6B, "R-TH" Townhouse Dwelling District Regulations,
Section 6B-2 Use Regulations. to read as follows:
"ARTICLE 6B. "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS
"Section 6B-2 Use Regulations. A building or premises shall be used only for the
following purposes:
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(1 O) ____.._""'~ _~'-"""'"-*__. ~r~,___,, D, ..-...-~'"'"" !f !f approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with
special events (B&B/SE)."
SECTION 7. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 8A, "A-lA" Apartment House District Regulations, Section
8A-2 Use Regulations. to read as follows:
"ARTICLE SA. "A-IA" APARTMENT HOUSE DISTRICT REGULATIONS
"Section 8A-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(15)___a~"~ _.._""'~ _.__...__."-^'-u~'-"* ,___,'D" ~" hcmc if If approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with
special events (B&B/SE)."
SECTION 8. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 9, "A-2" Apartment House District Regulations, Section 9-2
Use Regulations. to read as follows:
"ARTICLE 9. "A-2" APARTMENT HOUSE DISTRICT REGULATIONS
"Section 9-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(12) Bed and breakfast (B&B)inn."
SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 10, "AT" Apartment-Tourist District Regulations, Section 10-
2 Use Regulations. to read as follows:
"ARTICLE 10. "AT" APARTMENT-TOURIST DISTRICT REGULATIONS
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"Section 10-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(9) Bed and breakfast (B&B) inn."
SECTION 10. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 11, "AB" Professional Office District Regulations, Section
11-2 Use Regulations. to read as follows:
"ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
"Section 11-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(17) Bed and breakfast (B&B) inn."
SECTION 11. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 12A, "B-lA" Neighborhood Business District Regulations,
Section 12A-2 Use Regulations, to read as follows:
"ARTICLE 12A. "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
"Section 12A-2 Use Regulations. A building or premises shall be used only for the
following or similar purposes:
"(15)___D--'~ _.._""'~ ........ ~'"""~'~"~*-. ~D~,---,~ ...... ~'""*"_ if If approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast ~-ome (B&B) or bed and breakfast home with
special events (B&B/SE)."
"(16) Bed and breakfast (B&B) inn."
SECTION 12. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 14A, "BD" Corpus Christi Beach Design District, Section
14A-2 Use Regulations, to read as follows:
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"ARTICLE 14A. "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT
"Section 14A-2 Use Regulations. A building or premise shall be used for the
following or similar purposes:
"(36)___D"'~ _.._"-'~ ....... ~....~.~...,__./D.,___,al ..v.~'"~'" ..... ;~ If approved as a Specific Use Permit (SUP)
under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with
special events (B&B/SE)."
"(37) Bed and breakfast (B&B) inn."
SECTION 13. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 22, Parking Regulations, by adding the Bed and breakfast
(B&B) home or inn uses to the chart, to read as follows:
"ARTICLE 22. OFF-STREET PARKING REGULATIONS
"Section 22-1 Except as otherwise provided in this Ordinance, when any building or
structure is hereafter erected or structurally altered to the extent of increasing the
floor area by 50 pement or more, or any building or structure hereafter erected is
converted, for uses listed in Column 1 of the chart below, when such uses are
located in the districts listed in Column 2, accessory off-street parking spaces
shall be provided as required in Column 3 or Column 4, or as required in
subsequent sections of this article.
Column 1 Column 2 Column 3 Column 4
"Use or Use Category Location Spaces Required Per
Basic Measuring Unit Additional Requirements
"Bed and breakfast ,/£&9,~
home (B&B) (SUP), bed
and breakfast home with Specific Use Permit (SUP)
~ All districts 4-% per room or suite for B&B hcmc may prohibit
(SUP) or bed and parkinR in front yard
breakfast inn (B&B inn)
SECTION 14. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by adding a new Article 25A, Specific Use Permit (SUP), to read as follows:
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"ARTICLE 25A. SPECIFIC USE PERMIT (SUP)
"Section 25A-1 General Provisions
"25A-1.01
The SUP provides a means for developing certain uses in a
manner in which the specific use will be compatible with adjacent
property and consistent with the character of the neighborhood.
"25A-1.02
The use requlations for each district state whether an SUP i,~
required for a use to be permitted in a zoning district. The SUP
requirement for a use in a district does not constitute an
authorization or an assurance that the use will be permitted. Each
SUP application must be evaluated as to its probable effect on the
adjacent property and the community welfare and may be approved
or denied as the findings indicate appropriate. The Planning
Commission must review each SUP and forward its
recommendation to the City Council. The City Council must qrant
each SUP by separate ordinance.
"25A-1.03
The Planninq Commission shall not recommend and the City
Council shall not grant an SUP for a use except upon a finding that
the use will:
"(1) complement or be compatible with the surrounding uses and
community facilities;
"(2) contribute to, enhance, or promote the welfare of the area of
request and adjacent properties;
"(3) not substantially affect adversely the uses of adjacent and
neighbor ng property permitted by this ordinance;
"(4) not be detrimental to the public health, safety, or qeneral
welfare; and
"(5) conform in all other respects to all applicable zoning
regulations and standards.
"25A-1.04
The granting of an SUP has no effect on the uses permitted as of
right and does not waive the regulations of the underlying zoning
district.
"25A-1.05
The City Council may impose reasonable conditions upon the
granting of an SUP consistent with the purposes stated in this
Article.
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"Section 25A-2 Specific use permit procedure.
"25A-2.01
An application for an SUP shall be considered an application for
rezoning and comply with Article 30, Chan.qes and Amendments,
procedure for a change in zoninq district classification.
"25A-2.02 At the time of applying for an SUP, the applicant shall submit:
"(1) a site plan that includes:
"(a) the dimensions, bearings, and street frontage of the
property;
"(b) the location of buildings, structures, and uses;
"(c) the method of ingress and egress;
"(d) off-street parking and Ioadin.q arrangements;
"(e) screening, liqhting, and landscaping, if appropriate;
and
any other information the Director of Planning
determines necessary for a complete review of the
proposed development; and
"(2)
a traffic impact analysis if the Traffic Engineer determines
that the analysis is necessary for a complete review of the
impacts of the proposed development.
"25A-2.03
Amendments to an approved site plan must follow the procedures
outlined above in Subsections 25A-2.01 and 25A-2.02; however,
upon payment of a $250.00 application fee, the Director of Planning
may authorize minor changes in the site plan that do not:
"(1)
alter the basic relationship of the proposed development to
adjacent property;
"(2) change the uses permitted;
"(3) increase the maximum density, floor area ratio, or height;
"(4) decrease the amount of required off-street parking; or
"(5) reduce the minimum yards required at the boundary of the
site.
"An applicant may appeal the decision of the Director to the
Planning Commission.
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"25A-2.04
A termination date may be imposed as a condition upon the
granting of an SUP. If so imposed, the SUP automatically
terminates on that date.
"Section 25A-3 Bed and Breakfast Home (B&B) SUP
"25A-3.01
In addition to compliance with Section 25A-2 above, an application
for an SUP for a bed and breakfast home (B&B) must, at a
minimum, comply with the followinq conditions:
"(1) Applicant shall pay the rezonin.q fees plus $100.00.
"(2)
Owners of real property within 500 feet of the boundary of
the subject property shall be notified of the public hearing.
"(3) Proposed bed and breakfast home must be no closer than
1,000 feet from the closest bed & breakfast home (B&B) or
bed and breakfast home with special events (B&B/SE).
"(4)
Required site plan in Section 25A-2 (B) must also include the
location of service areas and trash receptacle areas. Trash
dumpsters shall not be permitted on the premises of a bed
and breakfast home.
"25A-3.02
In considering an application for an SUP for a bed and breakfast
home (B&B), the following issues may also be considered and
decided as part of the review process:
"(1) Whether to require evidence of compliance with hotel/motel
tax;
"(2) Whether to prohibit parkin.q in the front yard.
"25A-3.03
The Planning Commission shall not make a recommendation on an
issue and the City Council shall not decide an issue unless it finds
that in its opinion, as a matter of fact, based on the evidence, the
decision will not substantially affect adversely the uses of adjacent
and neighboring property permitted by this ordinance.
"Section 25A-4 Bed And Breakfast Home With Special Events (B&B/SE)
"25A-4.01 In addition to compliance with Section 25A-2 above, an application
for an SUP for a bed and breakfast home with special events
(B&B/SE) must, at a minimum, comply with the following conditions:
"(1) Applicant shall pay the rezoning fees plus $100.00.
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"(2) Owners of real property within 500 feet of the boundary of
the subiect property shall be notified of the public hearing.
"(3) Proposed bed and breakfast home must be no closer than
1,000 feet from the closest bed & breakfast home (B&B) or
bed and breakfast home with special events (B&B/SE).
"(47 Required site plan in Section 25A-2 (B) must also include the,
location of service areas and trash receptacle areas. Trash
dumpsters shall not be permitted on the premises of a bed
and breakfast home with special events (B&B/SE).
"25A-4.02 In considering an application for an SUP for a bed and breakfast
home with special events (B&B/SE), the following issues may also
be considered and decided as part of the review process:
"25A-4.03
"(1) Whether to require evidence of compliance with hotel/motel
tax;
"(2) Whether to prohibit parkin.q in the front yard.
"(3) The types of special events that will be authorized and
conditions on holding special events, includinq, but not
limited to:
(al Number of events allowed durinq a specific time
period__.~.
(b) Number of .quests allowed at a special event.
(c) Limitations on hours of operation for special events.
(d) Restrictions on use of outdoor amplified sound during
(e)
special events.
Special event parking manaqement plan, includinq a
requirement to provide additional off street parkin.q
spaces for special events.
The Planning Commission shall not make a recommendation on an
issue and the City Council shall not decide an issue unless it finds
that in its opinion, as a matter of fact, based on the evidence, the
decision will not substantially affect adversely the uses of adjacent
and neiqhborinq property permitted by this ordinance."
SECTION 15. 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
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as changed by this ordinance and any other ordinances adopted on this date, remain in
full force and effect.
SECTION 16. 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 17. That any ordinance or part of any ordinance in conflict with this
ordinance is expressly repealed by this ordinance.
SECTION 18. 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 '19. 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.
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the 2~st day of August, 2001, by the following vote:
Samuel L. Neal, Jr. //~k~f.~. Rex A. Kinnison
Chesney ~ John Longoria
Brent
Javier D. Colmenero L~.~ Jesse Noyola
Henry Garrett (~ Mark Scott
William Kelly (~
That t¥,~o_regoing ordinance was r~ad for. the second time and passed finally on this
the ~ ~ ~Y~lay of .~.~._2001,.~ by the following vote:
Samuel L. Neal, Jr. {_~1~ ~. Rex A. Kinnison ~
Brent Chesney ~ ~. John kongoria _~~
Javier D. Colmenero I.,~ · ..
Henry Garrett
William Kelly
PASSED AND APPROVED, this the
A'I-FEST:
Armando Chapa
City Secretary
Jesse Noyola
Mark Scott
I'~day of
Mayor
APPROVED AS TO LEGAL FORM September 12, 2001
James R. Bray, Jr.
City Attorney
Fir~t'A~istant Ci~/Attorney
State of Texas }
County of Nueces } ss:
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 3950626
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 Manaaer of the Corpus Christi Caller-Times, a dally 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 17TH day(s) of
SEPTEMBER, 2001. 0~., ~q OXq~-fO
TWO (2) Time(s)
$125.24
Credit Customer Service Manager
Subscribed and sworn to me on the date of
SEPTEMBER 18, 2001.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.