Loading...
HomeMy WebLinkAboutOrdinance - 2018-O0048 Billboards - Adopting A Moratorium And Prohibition - 04/12/2018First Reading April 12, 2018 Item No. 6.16 ORDINANCE NO. 2018-00048 Second Reading April 16, 2018 Item No. 1.1 AN ORDINANCE ADOPTING A ONE HUNDRED EIGHTY DAY MORATORIUM AND PROHIBITION ON ACCEPTING, PROCESSING, OR ACTING UPON CERTAIN APPLICATIONS FOR ANY PERMITS FOR THE CONSTRUCTION OR MODIFICATION OF ANY "BILLBOARD" AS DEFINED BY SECTION 40.01.003(23) OF THE CITY OF LUBBOCK CODE OF ORDINANCES, SUSPENDING THE OPERATION OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 1, Article II, Section 23 of the City of Lubbock Charter, Chapter 40, Divisions 20, 22, and 23, and Section 40.04.015 of the City of Lubbock Code of Ordinances regulate billboards in the City of Lubbock ("City"), but the City is facing an increase in the number of applications for zone cases, site plans, and permits in connection with the construction of billboards; WHEREAS, the City of Lubbock is a home rule city that has a right to safeguard the health, comfort, and general welfare of the public, and a home rule city under the authority of its police power can temporarily maintain the status quo to modify its regulatory ordinances, and there is a need for additional time to preserve the status quo in order to modify the City's ordinances in regard to billboards to protect the general welfare, health, safety and property of the citizens of Lubbock; WHEREAS, a moratorium period of 180 days is reasonable, considering the complexity of the ordinance to be modified, and if such a moratorium is not adopted, persons may apply for permits before the ordinance can be appropriately modified to provide a suitable regulatory scheme for billboards, and the City requires this 180 days to develop modifications to the City's scheme of regulating billboards; and WHEREAS, for the above stated reasons there is a need to declare a moratorium, and to preserve the status quo for a period of 180 days in the interest of the general welfare, health, safety, and property development of the community. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. THAT there shall be a moratorium on accepting, processing, and acting upon any permits for the construction or modification of any "billboards", as "billboard" is defined in Section 40.01.003(23) of the City of Lubbock Code of Ordinances, pursuant to the following terms and as authorized under Article XI, Section 5 of the Texas Constitution, Chapter 216 of the Texas Local Government Code, Chapter 1, Article II, Section 23 of the City of Lubbock Charter: a. The purpose of this ordinance is to preserve the status quo, to provide a reasonable time to modify the City's ordinances regulating billboards and other signs to promote the health, safety, and general welfare of the citizens of the City and to prevent the excessive concentration of billboards. It is not the purpose of this ordinance to limit or restrict the communicative ability of any individual or to deny anyone their first amendment rights or any other right under the United States Constitution or Texas Constitution. b. For the period of the moratorium, no application may be accepted for a site plan or building permit or other permit for the construction or modification of a "billboard" (as defined in Section 40.01.003(23) of the City of Lubbock Code of Ordinances). This moratorium also prohibits the approval of any site plan, or granting of any permit, for the construction or modification of any billboards for which a complete and pending application has not been accepted by the City of Lubbock prior to the effective date of this Ordinance. C. That current ordinances may allow on a property site a billboard does not exempt that property from the moratorium unless construction is performed pursuant to a lawfully issued permit for which an application was submitted prior to the effective date of this Ordinance. This moratorium shall be in effect for 180 days after the effective date of this Ordinance unless earlier terminated by act of the Lubbock City Council. Appeals for relief from a hardship caused by this moratorium may be made to, and will be considered by, the Lubbock City Council, and a variance to the provisions of this moratorium may be granted if such a variance is in accordance with the following variance criteria: (1) The granting of the variance will not be detrimental to the public safety, health, or welfare, be injurious to surrounding property, or violate the intent and purpose of the regulation; (2) The granting of the variance is not based on a hardship which is self-imposed; (3) The hardship is not based solely on the cost of complying with the regulation; and (4) The hardship is based on circumstances which are unique to the property for which the variance is sought, and not circumstances common to other properties. In the event that the relief from the hardship is denied, and the applicant contests the decision in a court -of -law, the substantial evidence rule shall apply. 2. THAT the operation of any part of any ordinance of the City of Lubbock that conflicts with this moratorium is suspended until the expiration of this moratorium. 3. THAT should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the City as a whole or any part thereof, other than the part so declared to be invalid. Also, in the event that the application of the ordinance to a particular business would violate state or federal law, it is the intent of the ordinance that it not apply to such business, and the ordinance shall remain effective as to all other businesses that come within its purview. 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on April 12, 2018 Passed by the City Council on second reading on April 16, 2018 DANIEL M. POPE, MAYOR ATTEST: 'D, b" -, -)"K, Reb cca Garza, City S reta y APPROVED AS TO CONTENT: Jarre Atkinson, City Manager APPROVED S TO FORM: Chad Weaver, City Attorney