HomeMy WebLinkAbout026601 ORD - 01/10/20061
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY ADDING SECTION 26 -9,
TO ALLOW FOR DEVELOPMENT OF SINGLE FAMILY DWELLINGS
ON NON - CONFORMING LOTS OF RECORD; 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,
December 14, 2005, during a meeting of the Planning Commission, and on Tuesday,
December 20, 2005, for the first reading and on Tuesday, January 10, 2006, for the
second reading, 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 Sec. 26 -9, to read as follows:
ARTICLE 26. NONCONFORMING USES
Section 26 -9 Nonconforming lots of record.
(1) Authority to utilize for single- family residence. In any district in which single - family
detached dwellings are a permitted use, notwithstanding the regulations imposed by
any other provisions of Article 26, a single- family detached dwelling which complies
with the restrictions of this Section may be erected on a non - conforming lot that is not
less than 25 feet in width or more than 45 feet, and which:
(a) Has less than the prescribed minimum lot area, width, or any of them, but not
less than 2,500 square feet; and
(b) Is shown by a recorded plat or deed to have been a lot of record owned
separately and individually from adjoining tracts of land at a time when the
creation of a lot of such size and width at such location would not have been
prohibited by any zoning or other ordinance; and
H 1 LEG- DIR\JOSEPH\ORD- NONCFG- LOTS- ZNG.DOC
2
(c) Has remained in separate and individual ownership from adjoining tracts of
land continuously as of the date of passage of this amending Ordinance.
(2) Regulations for single- family use of non - conforminq lots. A non - conforming lot
authorized to be used pursuant to this section may be used for single - family dwellings
and permitted accessory uses thereto. Construction of such single- family dwellings shall
comply with all the regulations (except lot area, width) applicable to single - family
dwellings in the zoning district in which such lot is located, except that the following
requirements shall apply in place of the requirements otherwise applicable:
(a) The dwellings shall be placed on the lots as to provide a yard on each side of
the dwelling;
(b) The sum of the widths of the two side yards on such lots shall not be less
than the smaller of:
1. Twenty -five percent of the width of the lot; or
2. The minimum total for both side yards prescribed by the bulk
regulations of said zoning district; and
(c) No side yard shall be less than three feet.
(d) The single family dwelling and permitted accessory structure shall be no
more than 2 stories or 26 feet in height.
(e) Minimum fifteen (15) foot front yard setback.
SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, 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 3. 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 4. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 5. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if 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, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
H \LEG - DIR\JOSEPH\ORD- NONCFG- LOTS- ZNG.DOC
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SECTION 6. 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.
H \LEG - DIR\JOSEPH \ORD- NONCFG- LOTS- ZNG.DOC
That the foregoing ordinance was read for the first time and passed to its second
reading on this the (944-1--- day of p( , 2005, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordin ce was read for the second time and passed finally on
this the 10'11" day of , 2006, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the (t) day of
ATTEST:
Armando Chapa
City Secretary
Approved as to form /fin, , f
By: —� /
, 2005
ody-
coy--
‘A 9. Al 2006.
CORPUS CHRISTI
CITY O
4
Henry Garrett
Mayor
Joseph Harney
Assistant City Attorney
For City Attorney
H \LEG - DIR\JOSEPH \ORD- NONCFG- LOTS - ZNG.DOC
EFFECTIVE DATE
1/Reto4,
PUBLISHER'S AFFIDAVIT
06 MAR - 1 AM 9: 12
State of Texas
County of Nueces
CITY OF CORPUS CHRISTI
ss: Ad # 5387141
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is
SENIOR COLLECTOR 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 Patrick), Victoria and Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE 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 16TH day(s) of JANUARY.
2006.
$81.70
SENIOR COLLECTOR
TWO (2) Time(s)
Subscribed and sworn to me on the date of
OCTOBER 27, 2005.
Notary Public, Nu ss County, Texas
Michelle Cabrera
Print or Type Name of Notary Public
My commission expires on March 19, 2008.
MICHELLE JOYCE SERA
MY COMMISSION U'7(PIRGP
pF , 8, seat
• Mt !day• Jat9tif$fy 16, 2006.CALLER -TIMES
Amending the Zoning
Sectfon 264byto allow
for on d fvelopment of
single cot gs
tkm- no rr8 is
of record. is
ordinance was ceased
and approved by the
City Council of the City
of Corpus Christi on its
second reading on
January 10, 2006.
/et Auk
City Sec
City of Corpus Christi