HomeMy WebLinkAbout027703 ORD - 05/20/2008r '
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AN ORDINANCE
AMENDING ARTICLE 3, DEFINITIONS, OF THE ZONING ORDINANCE
BY ADDING A NEW DEFINITION FOR A COMMUNITY HOME AS
SECTION 3-1.15.1 AND BY REVISING ISING THE DEFINITION OF FAMILY IN
SECTION 3-1.24; PROVIDING FOR SEVERENCE; PROVIDING FOR
PENALTIES; 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,
April 30, 2008, during a meeting of the Planning Commission, and on Tuesday, May 13,
2008, 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, EAS, 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, F E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Article 3, Definitions, Zoning Ordinance of the City of Corpus
Christi, Texas, is amended by adding a new Section 3-1.15.1 and by revising Section 3-
'1.24 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 only,
and no other certain terms and words are hereby defined as follows:
"3-1.15.1 Community unit home. A single dwellinD _unit on property that has
residential zoning that is occupied in corn • fiance with the Texas Communit
Homes for Disabled Persons Location Act Chaster 123 Texas Human
Resources Code.
Family -- 05012008
027703
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"3-1.24 Family.
"(a) A family includes;
"(1) Any number _rsons Win. together in - dwelling unit who are
related to another resident of the dwelling by blood, marriage, legal
adoption, guardianship, or tl r- I • all authorized custodial r lati ns i •
and not more than.a total of four domestic service providers, caretakers
exchange students, or boarders;
"(2) to fire unrelated persons living in a single dwelling_ unit constitute a
family; or
11
3 Residents of a communit home constitute a famil even if the
number of unrelated o ou.ants exceeds the number of occu.ants
otherwise allowed in this definition.
"b This definition may not be construed to limit the rights of persons with
disabilities and their caretakers to occupy a single dwelling under their protected
status afforded by the Americans with[isabilities Act and the Federal Fair
j-IousingAct. ....._�,
at
11
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SECTION 2. 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 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 . That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION . 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
Family -- 05012008
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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 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35-3 of the Zoning
Ordinance of the City of Corpus Christi, Texas.
SECTION 7. 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 or' oe was read or the first time and passed to its second
reading on this the day of , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the f regoing ordinance was read for the second time and passed finally on this
the day of , 2008, by the following vote:
Priscilla G. Leal4
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED AND APPROVED, this the—day of
ATTEST:
Armando Chapa
City Secretary
APPROVED: 2nd day of May, 2008:
R. ay : eining
First ssistant City Attorney
For City Attorney
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2008.
Henry Garr
Mayor
027703
EFFECTIVE DATE
a� ON
4,Y
State of Texas
County of Nueces }
1
PUBLISHER'S AFFIDAVIT
a (8 3 g
CITY OF CORPUS CHRISTI
Ad # 5857227
PO #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, 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 ORDI NANCE NO. 0277 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
5/26/2008, 5/26/2008.
$ 102.57
1Time(s)
On this.P1 day of _ , 26N I certify that the attached document
is a true and an exact copy ade by publisher.
V v
Natary Public tate of Texas
NOTICE OF
PASSAGE OF ORDI-
NANCE NO. 027703
Amending Article 3,
Definitions, of the Zon-
ing Ordinance by add-
ing a new definition for
a Community Home as
Section 3-1.15.1 and by
revising the definition of
Family in Section
3-1.24; providing for
penalties; and providing
for publication. This or-
dinance was passed'
and dapproved on Its
secondreadingby the
City Councilof the City
of Corpus Christi on
May 20, 2008.
/s/ Armando Chapa
City Secretary
City of Corpus Christi