HomeMy WebLinkAboutOrdinance - 2012-O0017 - Prohibiting Use Of Intermodal Shipping Containers As Structures In R-1 & R-2 - 02/23/2012First Reading
February 23, 2012
Item No. 6.2
ORDINANCE NO. 2012-00017
Second Reading
March 6, 2012
Item No. 5.19
AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AMENDING CHAPTER
40 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, THE
CITY OF LUBBOCK COMPREHENSIVE ZONING ORDINANCE, 1975, BY
ADDING A DEFINITION OF INTERMODAL SHIPPING CONTAINER, AND
PROHIBITING THEIR USE IN CERTAIN AREAS OF THE CITY OF LUBBOCK
ZONED FOR RESIDENTIAL USE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that due
to changed conditions, it would be expedient and in the interest of the public health,
safety and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied with, including giving notices
in compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
Texas, and the notices provided by the Texas Local Government Code §211.007
(Vernon, 1990), and notice was duly published in the Lubbock Avalanche -Journal more
than fifteen (15) days prior to the date of the public hearing before the City Council on
such proposed amendment, and the public hearing according to said notice, was held in
the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
persons appeared in support of the proposal; and after said hearing, it was by the City
Council determined that it would be in the public interest, due to changed conditions, that
the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set
forth in the body of this Ordinance and this Ordinance having been introduced prior to
first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, Chapter 40, Section 40.01.003 of the City of Lubbock
Code of Ordinances is amended, and renumbered accordingly, to include the following
definition:
Interrnodal Shipping Container: A metal standardized re -sealable
transportation box for unitized freight handling with standardized equipment, commonly
referred to as a "Sea Container."
SECTION 2. THAT, Chapter 40, Division 3, Section 40.03,202 of the City of
Lubbock Code of Ordinances is amended by including a new subsection 40.03.202(d) to
read as follows:
(d) Intermodal Shipping Containers, as separate structures or as a
component to a structure, are prohibited for use within a district zoned as "R-I".
SECTION 3. THAT, Chapter 40, Division 4, Section 40.03.322 of the City of
,ubbock Code of Ordinances is amended by including a new subsection 40.03.322(e) to
ead as follows:
(e) Intermodal Shipping Containers, as separate structures or as a
to a structure, are prohibited for use within a district zoned as "R-2".
SECTION 4. THAT violation of any provision of this Ordinance shall be
eemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100
>ollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City
f Lubbock.
SECTION 5. THAT should any paragraph, sentence, clause, phrase or word of
s Ordinance be declared unconstitutional or invalid for any reason, the remainder of
s Ordinance shall not be affected thereby.
SECTION 6. THAT the City Secretary is hereby authorized to cause publication
1f 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 February 23 , 2012.
Passed by the City Council on second reading on March 6 , 2012.
TTEST:
TOM MARTIN, Mayor
ebec'*&A Garza, City Secretary
ROVED AS TO CONTENT:
S
(Randy Henson, Lector of Planning
APPROVED V O
Mitchell Satterw 1te, Assistant ttorney
Intermodal Shipping Container (A) 2.14.12