HomeMy WebLinkAboutOrdinance - 661-1941 - Dividing The Area Within The Corporate Boundaries Of The City Of Lubbock - 02/27/1941·L
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No. /; 'f
A-.-A ZONING ORDINANCE DIVIDING THE AREA WITHIN THE
CORPORATE BOUNDARIES OF .THE CITY OF LUBBOCK INTO DISTRICTS IN
ACCORDANCE WITH A CITY-WiijE COMPREHENSIVE PLAN; DEFINING CERTAIN
TERMS; REGULATING THE LOCATION, SIZE, HEIGHT, BULK AND USE OF
BUILDING& WITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES
FOR EACH RES.PECTIVE DISTRICT; FIXING THE PERCENTAGE OF ANY LOT
OR TRACT OF LAND TO BE OCCUPIED IN THE VARIOUS DISTRICTS;
REGULATING THE SIZE OF YARDS, COURTS AND OPEN SPACES IN EACH
PARTICULAR DISTRICT; REGULATING THE DENSITY OF POPULATION,
STRUCTURES, BUILDINGS, LANDS, INDUSTRY AND RESIDENCES IN THE
DIFFERENT DISTRICTS; PROVIDING REGULATIONS FOR THE CONSTRUCTION,
ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES
IN EACH PARTICULAR DISTRICT; ADOPTING A ZONING MAP, MAKING IT
A PART OF THIS ORDINANCE; PROVIDING FOR THE LOCATION AND OUTLINE
OF ALL DISTRICTS ON SAID ZONING MAP AND MAKING ALL FIGURES,
LETTERS, MARKINGS AND COLORS ON SAID MAP A PART OF THIS ORDINANCE;
CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES;
PROVIDING A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND . PRO-
VIDING FOR THE VALIDITY OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF LUBBOCK, TEXAS:
SECTION I: PURPOSE:
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The purpose of this ordinance is to zone the entire
area of the City of Lubbock into districts as made and provided
by Articles 1011-A to and including 1011-J of Chapter 4, Title 28
' of the Vernon•s Annotated Texas Statutes, 1925, in accordance
~th a comprehensive plan for the purpose of promoting health,
safety, morals and the general welfare of the general public.
They have been designed to lessen congestion in the streets; to
provide safety from fire, panic and other dangers; to provide
adequate light and air, to prevent the overcrowding of land to
avoid undue concentration of population, to provide and facili-
tate. adequa~e provisions for transpo~tation, water, sewerage,:
schools, parks and other public requirements. Said districts
have been created with .fair and reasonable consideration, among
other thing~, of the character of each particular district and
its peculiar suitability .for particular uses; and thereby conserve
the value of land and buildings in each particular district;
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and with a view of insuring the harmonious and appropriate use
of all property and to prohibit the inharmonious and inappropriate
use of all property and thereby promote the general good and
welfare of the public.
SECTION ·II: DEFINITIONS:
The following definitions shall apply in the inter-
pretation and enforcement of this ordinance, to wit:
(1) Words used in the present tense include the
future; words in the singular number include the plural number;
the words in the plural number include the singular number; the
word 11 buildingn includes the word 11 structuren; the word "lot"
includes the word uplot"; the word "shall11 is mandatory and not
discretionary.
(2) ACCESSORY: A subordinate use or building cuatom-
arily incident to and located on the lot occupied by the main
use or building.
(3) ALLEY: A way which extends only secondary
means of access to abutting property.
{4) APARTMENT: A room or suite of rooms in an apart-
ment house or tenement arranged, designed or occupied as the
residence of a single family, individual, or group of individuals.
(5) APARTMENT HOUSE: A building or portion thereof
arranged, designed or occupied by three (3) or more families
living independently of each other.
(6) ~~R PARLOR: A place where beer and light wines
or either of them are sold for consumption on the premises, and the
majority of the gross business done is from the sale of beer and
light wines or either of them.
(7) BOARDING HOUSE: A building other than a hotel
where lodging and meals for five {5) or .more persons are served
for compensation.
{8) CUSTOMARY HOME OCCuPATIONS: Occupations ordinarily
carried on in a home that are not detrimental or injurious to
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adjoining property. These may include serving meals or renting
~, rooms to not more than five (5) persons not members of the house-
hold, dressmaking, millinery, washing and ironing. Customary
home occupations shall not include barber shops, beauty shops,
carpenters' shops, electricians' shops, plumbers' shops, radio
shops, tinners 1 shops, transfer or moving van offices, auto
repairing, auto painting, furniture repairing or sign painting.
(9) DE PT H OF REAR YARD: The mean horizontal distance
between the rear line of a building other than an accessory
building and the center line of the alley where an alley exists,
otherwise the rear lot line.
(10) DEPTH OF LOT: The mean horizontal distance
between the front and rear lot lines.
(11) DISTRICT: A section of the City of Lubbock
for which the regulations governing the area, height or use of
buildings are uniform.
{12) FAMILY: A family is any number of individuals
living together as a single housekeeping unit.
(13) FRONT YARD: An open, unoccupied space on the
same lot with a building, between the building and the street
line or lines of the lot.
(14) GROSS FLOOR AREA: The gross floor area of an
apartment house shall be measured by taking outside dimensions
of the apartment building at each floor level· excluding, however,
the floor area of basements or attics when not occupied as living
quarters.
(15) HEIGHT: The height of a building ·or portion of
a building shall be measured from the average established grade
at the street lot line or from the average natural ground level,
if higher; or if no street grade has been estab~ished to the
highest P?int of the roof's surface if a flat surface; to the
deck line of mansard roofs; and to the mean height level between
eaves and ridge for hip or gable roofs. In measuring the height
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of a building the following structures shall be excluded:
c=) Chimneys, cooling towers, radio towers, ornamental cupolas,
domes, or spires, elevator bulk heads, pent houses, tanks, water
towers, and parapet walls not exceeding four (4) feet in height.
(16) HOTEL: A building occupied as the more or less
temporary abiding place of individuals who are lodged with or
without meals, in which as a rule the rooms are occupied for
hire, in which provisions are not made for cooking in any
individual apartment, and in which there are more than twelve
(12) sleeping rooms, a public dining room for the accomodation
of more than twelve (12) guests, and a general kitchen.
(17) LODGING HOUSE: A build~ng other than a hotel
where lodging for five (5) or more persons is provided for compensation.
(18} LOT: -Land occupied or to be occupied by a
building and its accessory buildings, and including such open
spaces as are required under this ordinance, and having its
principal frontage upon a public street or officially approved
place.
(19) LOT, LINES: The lines bounding a lot as defined
herein.
(20) LOT, CORNER: A lot situated at the juncture of
two or more streets and having a width not greater than 100 feet.
(21) NON-CONFORMING USES: A building or premises
occupied by a use that does not conform to the regulations of the
use in the district in which it is situated.
_(22) ONE-FAMILY DWELLING: A detached building having
~) accomodations for and occupied by only one family.
(23) OPEN SPACE: Area included in any side, rear or ,
front yard or any unoccupied space on a lot that is open and
unobstracted to the sky except for the ordinary projection of
cornices, eaves or porches.
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(24) PERSONS: The word uperson" when used in this
ordinance shall# for the purpose of this ordinance, mean every
natural person, firm, co-partnership, association, partnership,
corporation or society; and the term 11 persontl shall include both
singular and plural, and the masculine shall embrace the feminine
gender.
(25) PLACE: An open, unoccupied space reserved for
purposes of access to abutting property.
(26) PRIVATE DANCE: The term ttprivate dance" shall
·mean and includ~ any 'dance given at any home or any dance given
or held by a bona fide club, admission to which is granted to
members and their invited gueBts and from Which the general public
is excluded.
(27) PRIVATE GARAGE: A garage with capacity for
not more than five (5) motor driven vehicles for storage only
and for private use.
(28) PUBLIC GARAGE: Any premises not a private
garage, as defin~d above, used for housing or care of more than
three (3) motor driven vehicles or where any such vehicles are
equipped for operation, repair or kept for remuneration, hire
or sale.
(29) PRIVATE STABLES: A stable with a capacity for ,
not more than four (4) horses, mules or other domestic animals.
(30) PUBLIC STABLES: A stable with a capacity for
more than four (4) horses, mules or other domestic animals.
(31) REAR YARD: A space unoccupied except by buildings
of accessory use as hereinafter permitted extending ·for the~ll
width of the lot between a building other than a building of
accessory use and the rear lot line.
(32} SIDE YARD: An open unoccupied space_ on the same
lot with a building, situated between the building and the side
line of the lot, and extending through from the street or from the
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front yard or to the rear line of the lot. Any lot line not a
rear line or a front line shall be deemed a side line.
(33) STREET: Any public thoroughfare dedicated to
the public and not designated as an alley.
(34) STORY: That portion of a building included
between the surface of any floor and the surface of the floor
·next above it, or if there be no floor above it, then the space
between such floor and the ceiling next above.
(35) STORY 1 HA~F: A story having an average height
of not more than eight (8) feet covering a floor area of not more
than 75% of the are~ of the floor on the story next below.
(36) STRUCTURAL ALTERATIONS: Any change in the
supporting member of a building such as bearing walls, columns,
beams or girders.
(37) TWO FAMILY DWELLINGS: A detached building for
separate accomodations for and occupied as, or to be occupied as,
a dwelling by only two families. ·
(38) WIDTH OF SIDE YARD: The mean horizontal distance
between a side wall of a building and theside line of the lot
or to th' center line of any alley adjacent to such side lot line.
SECTION III: (1) ZONING REGULATIONS AND DISTRICTS:
The City of Lubbock is hereby divided into districts of which
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there shall be twelve (12) known and designated as follows:
"A" District
"B" District
ttctt District
unn District
ttEtt District
uFu District
· "G" District
uHu District
uJ" District
"K" District
"Lu District
uMn District
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and the boundaries of each district is shown and set forth upon the
zoning map which accompanies this ordinance, by various colors, letters,
figures and markings, and said zoning map is hereby declared to be a
part of this ordinance. All colorings, markings, notations,
references and other information shown on said zoning map shall
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be and are hereby made as much a part of this ordinance as if the
matters and infor.mation set forth on said zoning map were all tully in-
corporated herein. All regulations shall be uniform for e _ach class
or kind of buildings throughout each district, but the regulations
in one district may differ from those in other districts.
(2) Except as hereinafter provided, no building shall
be erected, reconstructed or structurally altered, nor shall any
building or land be used for any purpose other than is permitted
in the district in Which such building or land is located; no
building shall be erected, re-constructed or structurally altered
to exceed the height or bulk limit her~in established for the
district in which such building is located; no lot area shall be
so reduced or diminished that the yards or other open spaces
shall be smaller than that prescribed by this ordinance nor shall
the yard or open spaces provided about and for any building for
the purpose of complying with the provisions of these regulations
be considered as providing a yard or open space for any other
building;and every building hereinafter erected shall be located
on a lot as herein defined and in no case shall there be more than
one building on one lot, except as hereinafter provided.
REGULATIONS FOR "A" DISTRICT
In an ••Au District no building or land shall be used,.
and no building shall be hereafter erected or structurally altered
which is arranged or designed to be used, for other than one or
more of the following uses:
(l) One-family dwellings.
(2) Public park or play grounds.
_(3) Accessory buildings are permitted, including a
private garage and servant•a quarters ~hen located riot less than
eighty (80} feet from the front line, nor less than five (5)
feet from any other street line, nor less than three (3) feet from
either side line. The servant's quarters# however, shall not be
leased or rented to anyone other than to the family of a bona
fide servant giving more than 50 per cent of his or her time to
the family occupying the premises to which the servant's house
is an accessory building.
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(4) The uses customarily incident to any of the above
uses when situated in the same dwelling and not involving the
conduct of a business; including customary home occupations engaged
in by the occupants of the dwelling .and including also the office
of a physician, surgeon, dentist, musician or artist, when situated
in the same dwelling used by such physician, surgeon, dentist,
musician or artist as his or her private dwelling, but said inci-
dental use shall never be permitted as a principal use, but only
as a Becondary use when indispensably necessary to the enjoyment
of the premises for any one of the uses permittea by this section
and actually made of the premises but not otherwise; provided no
name plate exceeding one (1) square foot in area or bulletin
boards nor sign boards exceeding twelve (12) square feet in area
apper~ning to the lease, hire, or sale of a building or premises,
nor advertising sign of any other character shall be permitted
in any nAn District.
SECTION IV: uBu DISTRICT REGULATIONS:
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In a 11 Bu District no building or land shall be used
and no building shall be hereafter erected or structurally altered
which is arranged or designed to be used for other than one or
more of the following uses:
office).
-(1) Any use permitted in an "A" District.
~(2) One-family dwelling.
{3) Churches, schools and colleges.
{4) Farming and truck gardening. Nurseries (no sales
{5) Golf courses, except minature courses operated
for commercial purpose.
(6) Water supply reservoirs, towers and artisian
wells, gas and electric, public utility regulator stations, but
the size and locations of said stations to be fixed by the City Commission
(7) Telephone exchange. {No business office.)
{8) Two-family dwelling.
~ {9) Accessory buildings will be permitted, including
a private garage and servants' quarters when located not less than
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eighty(80) feet from the front lot line, nor less than five (5)
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~ feet from any other street line, nor less than three (3) feet
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from either side line. The servants• quarters, how~ver, shall
not be leased or rented to anyone other than to the family of a
bona fide servant giving more than 50% of his or her time to the
family occupying the premises to which the servants• house is
an accessory building.
/~· ~) The uses customarily incident to any of the
above uses when situated in the same dwelling and not involving
the conduct of a business; including customary home occupations
engaged in by the occupants of the dwelling and including also
the office of a physician, surgeon, dentist, musician or artist,
when situated in the same dwelling used by such physician, surgeon,
dentist, musician or artist, as his or her private dwellings, but
said incidental use shall never be permitted as a principal use,
but only as a secondary use when indispensably necessary to the
enjoyment of the premises for any one of the uses permitted by
this section and actually made of the premises but not otherwise;
provided, that no name plate exceeding one (1} square foot in
area, nor bulletin boards, nor signs exceeding twelve (12) square
feet in area appertaining to the lease, hire, or sale of a building
or premises, nor advertising sign of any other character shall be
permitted in any "Btt District.
SECTION V: Regulations for Districts ttcn 1 non and
"E":
In ttcn, unu and "Eu Districts no building or land
shall be used and no building shall be hereafter erected or
structurally altered which is arranged or designed to be uaed for
other than one or more of the following uses:
{1) Any use permitted in any of the foregoing Districts.
(~) Boarding or lodging houses.
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{3) Hospitals and clinics, excepting, tubercular
~nd veterinary hospitals and clinics, and those for alcoholic,
• ~ narcotic, insane or feeble-minded patients.
(4) Hotels in which business may be conducted for
the sole convenience of th~ occupants of the buildings; provided,
however, there shall be no entrance to such place of business
except from the inside of the bu~lding.
(5) Institutions of a philanthropic nature other
than penal or correctional institutions.
(6) Libraries and museums.
(7)' Multiple dwellings, apartment houses and group
houses (not including tourist or trailer camps, courts or lodges).
(8) Private clubs, fraternities, sororities, lodges,
excepting those whose chief activity _is a service customarily
carried on as a business.
(9)In "c''and11 D11 Districta accessory buildings and
uses costomarily incident to any of the above uses are permitted
when not involving the conduct of a business other than inci-
dental to the residential use of such lot, including private
and storage garage; provided, however., that no such accessory
building or use shall be located less than sixty (60) feet from
the front lot line, nor less than five (5) feet from any other
street line, nor less than three (3) feet from either side line.
(10) In the ''E;.tt Districts accessory buildings and uses
customarily incident to any of the above uses are permitted when
not involving the conduct of a business other than incidental to
the residen~ial use of such lot, including private and storage
garage; provided, however, that no such accessory building or use
shall be located less than f1fty(50) feet from the front lot line,
nor less than five (5) feet from any ~ther street line; nor less
than three (3} feet from either side line.
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SECTION-VI: REGULATIONS FOR DISTRICT "F":
In an "F" District no building or land shall be used
and no · building shall be hereafter erected or structurally altered
which is arranged or designed to be used for other than one or
more of the following uses:
districts.
(1) Any use permitted in any of the foregoing
(2) Bank, office, studio.
(3) Gasoline filling station.
(4) Restaurant or cafe.
(5) Retail pressing, dyeing and cleaning shops.
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(6) Retail store, barber shop, beauty parlor, and other
shops for custom work or the making of article~ to be sold at
retail on the premises. ProYided, that no ."second hand goods••
store or yards will be permitted in the 11 Fft District or "Gtt District.
SECTION -VII: REGULATIONS FOR DISTRICT "G":
In a "G" District no building or land shall be used
and no building shall be hereafter erected or structurally altered
which is arranged or designed to be used for other than one or more
of the following uses:
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(l) Any use permitted in any of the foregoing districts.
(2) Auto sales (where the major bus-iness is the display
and sale of new automobiles by an authorized dealer and repair
work and storage facilities shall be purely incidental, provided
further thwtthe area allowed for the repairs and storage of
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cars shall not be nearer thanA 20 feet from the front line of the
building).
(3) Bakery, laundry, cigar manufacturing,_ candy
manufacturing (when employing less than six (6) persons on the
premises).
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(4) Job printing, hotels.
(5) Mortuary, greenhouse, or nursery office.
(6) Public storage garage (only minor repairs).
(7} Retail ice delivery station.
(8) Theatre, moving picture show.
(9) Tourist or trailer camp, court or lodges.
(10) Wholesale office or sample room.
(11) Any use not included in any other class provided
such use is not noxious or offensive by reason of the emission of
odor, dust, smoke, gas fumes, noise or vibration; provided fUrther
that no kind of manufacture or treatment shall be permitted in the
11 G11 District other than the manufacture or treatment of products
clearly incidental to the conduct of a retail business conducted
on the premises.
SECTION VIII: REGULATIONS FO~ DISTRICT "Htt:
In an 11 H11 District no building or land shall be used
and no building shall hereafter be erected or structurally altered
which is arranged or designed to be used for other than one or
more of the following uses:
(1) Any use permitted in any of the foregoing Districts.
(2) Bakeries.
(3) Bottling works.
(4) Candy manufacturing.
(5) Cigar, cigarette, tobacco manufacturing.
(6} Places where beer is sold, or intoxicating liquors
for consumption off the premises; saloons, beer parlors; places where
beer or intoxicating liquors are sold and dancing is permitted on
the premises, provided, however, this does not include private dances.
(7) Job printing, newspaper printing, art printing.
(8) Electro plating, electric works, including
armature winding, galvanizing.
(9) Laundry, dyeing and cleaning works.
(10) Second hand goods store (when housed entirely in
a building).
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(11) Pecan shelling.
(12) Public garage.
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(13) Second hand automobile sales yards. (not
including wrecking or repairing)
(14) Storage warehouses.
(15) ~Wholesale houses.
(16) Any use not included in any other class provided
s u ch use is not noxious or offensive by reason of the emission of
odor, dust, smoke, gas fumes, noise or vibration; provided, further,
that no kind of manufacture or treatment not listed above shall be
permitted in an "H" District other than the manufacture or treat-
ment of products clearly incident~l to the conduct of a business
conducted on the premises.
SECTION IX: Regulations for Districts "Jn and ttKtt:
In a "J" and uKn District no building or land shall
erected or
be used and no building shall hereafter ~/structurally altered
which is arranged or designed to be used for other than one or
more of the following uses:
(1) Any use permitted in any of the foregoing districts.
(2) Blacksmith or horseshoeing shops.
(3) Ice cream manufacture, ice manufacture, cold
storage plants, and creamery and dairy products manufacture and
processing; wholesale milk distribution.
( 4) Brewery.
(5) Broom manufacture.
(6) Building materials storage yards. Lumber yards.
_(7) Carpet cleaning.
(8) Chicken hatcheries.
(9) Central mixing plant for cement, mortar, plaster
or paving materials.
(10} Commercial amusement parks, swimming pools,
skating rinks, dance halls, driving rang~s, archery ranges,
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minature golf courses.
(11) Cooperage works.
(12) Emery cloth and sand paper manufacture.
(13} Flour mill, rice mill.
(14) Iron, steel, brass or copper fabrication plant.
(15) Livery stable, riding academy •.
(16) .Motor freight depot or garages.
(17) Machine shop.
(18) Mattress manufacture.
(19) Paper box manufacture.
(20) Penal or correctional institutions. Institutions
for the care of tubercular, insane, feeble-minded, alcoholic or
narcotic patients.
(21) Petroleum products, wholesale storage of.
(22) Planing mill and wooden box manufacture.
(23) Refrigerator manufacture.
(24) Contractor's plant or storage.
(25) Stone monumental works.
(26) Veterinary hospital.
{27) Yeast plant.
(28) Manufacture df any kind not listed in Section X,
Items 1 to 42, or in Section XI, Items 1 to 26, inclusive, provided
that such use is not noxious or offensive by reason of the emission
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of7 dust, smoke, gas, noise or vibration.
" SECTION X: REGULATIONS FOR DISTRICT uLtt:
In an ULU District no building or land shall be used
and no building shall be hereafter erected or structurally altered
which is arranged or designed to be used for other than one or
more of the following uses:
or storase.
(1) Any use permitted in any of the foregoing districts.
(2) Acetylene, butane, proptne, etc., gas manufacture -I
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facture.
(3)
(4)
( 5)
(6)
(7}
{ 8)
(9}
(10)
(ll)
(12)
Alcohol manufacture.
Automobile wrecking.
Bag cleaning.
• Bill board or advertising signs.
Blast furnace.
Boiler works.
Brick, tile, pottery or terra cotta manufacture.
Candle manufacture.
Canning or preserving manufacture, egg breaking.
Celluloid and similar cellulose material manu-
(13) Coal hoist, coal pocket or coal tar tre~tle.
(14) Cotton compress, cotton ginning, cotton baling,
cotton warehouses and cottonseed products seed manufacture.
(15) Disinfectant and insecticide.
{16) Dye stuff manufacture.
(17) Fish smoking and curing.
(18) Feed mill.
(19) Forge plant.
(20) Grain elevators.
{21) Iron, steel, brass or copper foundry.
(22) Of-1 cloth or linoleum manufacture.
(23} Oil or rubber goods manufacture.
(24) Pickle manufacture.
(25) Potash works.
{.26) Poultry killing, cleaning and dressing, storage
of live poultry.
(27) Pyroxlin manufacture.
(28) Railroad roundhouse or shops.
(29) Rock crusher.
(30) Rolling mills.
(31) Rubber or gutta-pe rcha manufacture or treatment.
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(32) Salt works •
(33) Sauerkraut manufacture.
(34) Shoe polish manufacture.
(35) Soda ana compound manufacture.
(36) Stone mill or quarry •.
(37) Storage or· baling of rags, iron, junk or pape r.
(38) Stove polish manufacture.
(39) Tile roofing or water proof manufacture.
(40) Textile manufacture.
(41) Tobacco (chewing) manufacture or treatment.
·(42) Wool pulling or scouring.
(43) Livestock auction sales pens, with barns and
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temporary concentration shipping, loading and unloading facilities.
(44) Manufacture or industrial operations of any kind
not heretofore listed, and exclusive of any use listed as a second
manufacturing use in Section XI.
SECTION XI: REGULATIONS FOR DISTRICT ttMn:
In an 11 M11 District no building or land shall be used
and no building shall be hereafter erected or structurally altered
which is arranged or designed to be used for other than one or
more of the following uses:
arsenals.
(l)
(2)
(3)
(4)
( 5)
(6)
(7)
(8)
(9)
Any use permitted in any of the foregoing districts.
Acid manufacture.
Ammonia, bleaching powder or chlorine manufacture.
Asphalt, manufacture or refining.
Cement, l~e gypsum or plaster-of-paris manufacture.
Coke ovens.
Creosote treatment or manufacture.
Distillation of bones, coal or wood.
Explosives or fireworks manufacture or sto rage,
(10) Fertilizer manufacture.
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manufacture.
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Fat rendering. (11)
(12)
(13)
Garbage offal or dead animal reduction or dumping.
Gas (illuminating or heabing) manufacture.
(14) Glue or gelatine manufacture.
(15) Gunpowder, manufacture and storage.
(16) Lamp black manufacture.
(17) Match manufacture.
(18) Ore reduction, saw-mill.
(19) Paint, oil, shellac, turpe~tine or varnish
(20) Petroleum products, refining of.
(21) Smelting of tin, copper, zinc or iron ores.
{22) Soap manufacture, other than liquid soap.
(23) Livestock feeding yards and pens and animal
slaughtering and packing.
(24) Tanning, curing or storage of raw hides or skins.
(25) Tar distillation or manufacture.
(26) Vinegar manufacture.
(27) Any purpose whatsoever not in conflict with any
ordinance of the City of Lubbock regulating nuisances. Nothing
in this ordinance shall be construed as repealing any existing
ordinance of the City of Lubbock regulating nuisances or p e r-
mitting uses which are now prohibited by ordinances.
SECTION XII: NON-CONFORMING USES:
(1) Any use of property existing at the time of the
~ passage of this ordinance that does not conform to the regulations
prescribed in the preceding sections of this ordinance shall be
deemed a non-conforming use.
(2) The lawfUl use of land existing a t the time of
the passage of this ordinance, although such use does not conform
to the provisions hereof, may be continued; but if such non-
conforming use is discontinued, any future use of said premises
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shall be in conformity with the provisions of this ordinance.
If a building occupied by a non-conforming use is
destroyed by fire or the elements it may not be reconstructed or
re-built except to conform with the provisions of this ordinance.
(3) The lawful use of the building existing at the
time of the passage of this ordinance may be continued, although
such use does not conform to the provisions hereof, and such use
may be extended throughout the building provided no structural
alteration, except those required by law or ordinance, are made
therein. If no structural alterations are made, a non-conforming
use of a building ·may be changed to ano~her non-conforming use
of the same or more restricted classification; provided, however,
that in the event a non-conforming use of a building is once
changed to a non-conforming use of a higher or more restricted
classification, it shall not later revert to the former lower
or less restricted classification.
(4) The right of non-conforming uses to continue -
shall be subject to such regulations as to maintenance of the
premises and conditions of operation as may in the judgment of
the Board of Adjustment be reasonably required for the protection
of adjacent property.
( 5) Nothing in this ordinance shall be construed to
prevent restoration of a building destroyed to the extent of
not more than sixty per cent ( 60%} of its reasonable value by
fire, explosion or other casualty, or act of God, or a public
enemy, nor ~be continued occupancy or use of such building, or part
thereof, which existed at the time of such partial destruction.
SECTION XIII: A~A AND BUILDING HEIGHT REGULATIONS:
(1) The height of buildings in the nAn, "B", "c", nE"
and "F" Districts shall not exceed 35 feet or 2 ~ stories, and the
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height of buildings in the "Gn District shall not exceed 45 feet
or 3 stories.
• (2) One-family dwellings in the 35 foot height
districts may be increased in height by not more than ten (10)
teet when two side yards of not less than fifteen (15) feet each
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are provided. Such dwellings, however, shall not exceed three
(3) stories in height.
(3) In the 35 and 45 foot height districts public
or semi-public buildings, hote~s, apartments, hospitals, sani-
tariums or schools may be erected to a hei g~~ not exceeding 75
teet when the front, side and rear yards are eaeh increased an
additional foot for each foot such building exceeds 35 feet and
45 feet, respectively, in height.
(4) The height of buildings_ in the "D" District ....
shall not exceed 100 feet, or eight (8) stories, but above the
height permitted at said yard line, four (4) feet may be added
to the height of the building for eaeh one (l) foot the building
or portion thereof is set back from the required yard lines,
provided, however, that the cubical content of such building
shall not exceed the cubical content of a prism having a base
equal to the area of the lot and a height of 100 feet.
(5) The height of buildings in the "H" District
-shall not exceed 150 teet, and the height of buildings in the "K"
"J", "L" anp. "M" Districts shall not exceed 125 feet, but above
f the height J permitted at the yard lines four (4} feet may be added
to the height of the building for each one (l) foot that the
building or "portion thereof is set back from the required yard
lines, provided, however, that the cubical content of such building
shall not exceed the cubical content of a prism having a base
equal to the area of the lot and a height of 150 teet and 125 feet
respectively.
(6) In the ttan District a tower may be constructed
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(4) In the "H", "K", "L" and "M" Districts no front
yard is required unless building is erected or structurally altered
for dwelling purposes, in which event, a front yard of not less
than 15 teet in depth is required.
(5) Where the frontage on one side of a street between
two intersecting streets is zoned for two classes of districts,
the set-back on the most restricted district shall apply to the
1entire block.
SECTION XV: REAR YARD REGULATIONS:
(1) In all districts where buildings are erected or
structurally altered for dwelling purposes there shall be a rear
yard having a depth of ·not less than 20% of the depth of the lot,
provided such rear yards need not exceed 25 teet.
(2) In the "F" and "G" Districts there shall be a
rear yard having a depth of not less than 20% of the depth of the
lot, provided such rear yard need not exceed 25 feet.'
(3) In the tt;att, "J", ttKtt and "Lit and "M" Districts,
when property is not used for dwelling purposes, and when not
abutting on the rear on a Dwelling District, no rear yard is
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required. If abutting on the rear on a DWelling District, "A",
"B", nett, "Du or nEtt, then a rear yard of at least ten (10) teet
is required.
(4) In computing the required depth of a rear yard
for any building where such yard abuts .an alley, the depth of the
lot may be considered to the center of the alley, and the required
depth of rear yard measured fP6m the center of said alley •
. (5) An accessory building not exceeding one story
in height may occupy not more than 60% of a minimum required
rear yard.
(6) An accessory building exceeding one story in
height may occupy not more than 40% of a minimum~equired rear
yard.
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SECTION XVI: SIDE YARD REGULATIONS:
(1) In Districts 11 Au, uBu, "c", "E",uDn and in all
other districts where a building is erected or structurally altered
for dwelling purposes, there shall be ~~o side yards, one on each
side of the building, having a combined width of not less than
twenty per cent (20%) of the width of the lot, provided that in
no case shall either side yard be less than five ~ feet, and
provided further that the combined widths of the two side yards
need not exceed ·J:2 feet (twel-v:e).
(2) In the "ntt District and in other districts where
a building is erected or structurally altered for dwelling purposes
for buildings more than three stories in height, but not exceeding
eight (8) stories in height, each of the two side yards shall be
increased one foot in width for each additional story abo.ve the
third. For buildings more than eight stories, or 100 feet, in heigh~
-----::?~ne-r-~ ~shall be an additional set-back as provided in the height regul~
tiona above.
Districts if the property is not used for dwelling purposes no
side yards are required, unless a lot abuts upon the side of a
lot zoned for dwelling purposes; where a lot abuts upon the side
of a lot zoned for dwelling purposes, there shall be a side yard
of not less than five (5} feet. In other cases a side yard,
if provided for a business or industrial building, shall be not
less than four (4) feet.
(4} For the purpose of side yard regulations, two or
more detached one or two-family dwellings shall be ~onsidered
as one building when occupying one lot, provided, however, there
shall be a minimum of ten (10) feet between the sides of the
building on the same lot.
{5) In the case of group houses or court apartment,
when buildings rear upo n the side yard, the width of the side yard
shall be increased by one foot for each building or apartment
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abutting thereon. If any stairways open onto or are served by
such si~e yard, the minimum width of such side yard shall be ten
(10) feet.
(6) The width of a place or court shall not be
less than forty (40) feet measured between buildings or from
buildings to the opposite property line, provided that open or
unenclosed porches may project into the required place or court
not more than 20% of the width of such place or court.
(7) All other requirements including front, side and
rear yards shall be comp~ied with in accordance with the district
in which such group houses or court apartments are located.
(8) Every part of a required yard or court shall be
open from its lowest point to the sky unobstructed except for the
ordinary projections of sills, belt courses, cornices, etc.,
provided, however, the above projections shall not extend into a
court more than twenty-four {24) inches nor into a minimum side
yard more than twenty-four (24) inches.
(9) The side and front yard requirements for dwellings
shall be waived where dwellings are erected above stores or shops.
(10} On corner lots the side yard regulation shall be
the same as for interior lots except in the case of reversed
frontage when the corner lot faces an intersecting street, in which
case there shall be a side yard on the street side equal to the
front yard on the lots in the rear. No accessory building on
said corner lot shall project beyond the front yard line on the
lots in the rear. This regulation shall not be so interpreted as
to reduce the buildable width of a corner lot faci~ an intersecting
street, and of record at the time of passage of this ordinance,
to less than twenty-eight (28) feet~ nor to prohibit the erection
of an accessory building where this regulation can not reasonably
be complied with.
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SECTION XVII: LOT AREA REGULATIONS:
(l) In the "A" Districts the minimum area of the lot
shall be 6 1 000 square feet.
(2) In the ttBu Districts the minimum area of the lot
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shall be 5 1 000 square feet for a one-family dwelling or 6,000
square feet for a tw .o-fam~ly dwelling.
(3) In the !'Ett ~ 11 Jtt, nKn 1
11 Lu, and "Mu Districts
the minimum area of the lot shall be 3,000 square feet for a one-.
family dwelling; 4,000 square feet for a two-family dwelling; and
for apartment houses or buildings arranged or designed for more
than two families the minimum area shall be 4,000 square feet plus
600 square feet for each family in excess of two.
{4) In the uon nett ttFU 11 Git and "Htl Districts the , , ,
minimum area of the lot shall be 5,000 square feet for a one-family
dwelling; 6,000 square feet for a two-family dwelling; and for
apartment house or building arranged or designed for more than two
families the minimum lot area shall be 6 1 000 square feet plus 600
square feet for each family in excess of two.
(5) On any lot held under separate distinct ownership
from adjoining lots at the time of the passage of this ordinance,
such separately owned property being of record at the time, a
sing le-family dwelling may be erected even though the lot be of
less area than required by the regulations relating to area in
the district in which it is located; provided~ however, that in any
event, the combined area of the dwelling and accessory building
shall not cover more than forty (40%) per cent of the total area
of' the lot.
(6) No lot area shall be so reduced or diminished that
the yards or other open spaces shall be smaller than prescribed
by this ordinance, nor shall the density of population be increased
in any manner except in conformity with the area re gulations herein
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established. Side yard areas used to comply with minimum require-
menta of this ordinance for a building shall not be included as
a part of the required areas of any other building.
SECTION XVIII: PROHIBITINu OBoTRUUTIONS OF VIEW ON
LOT BoUNDARIES: On any lot on which a front yard i ·s required
by this ordinance no wall, fence1 or other structure shall be
e .rected and no hedge, tree1 shrub or other growth or structure of .......
any kind shall be maintained in such location within such required
front yard so as to obstruct the view.
Any fence, wall, hedge, shrubbery, etc., higher than
a f +he wall\
.a base line extending from a point 2i feet above walk gra<fe.llto a
point 4i feet above walk grade at the depth of front yard required
is hereby declared to be an obstruction to view, except single trees
having single trunks. which are pruned to a height of seven feet above
walk grade.
SECTION XIX: MAP: The zoning map of the City of
Lubbock, which is made a part of this ordinance, shall be in dup-
licate originals, and is hereby adopted in duplicate, each of which
shall bear the signature of the Mayor and attestation of the City
Secretary for identification and authentication; one of said duplicate
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originals, together with this ordinance, shall be enrolled by
the City Secretary upon the minutes of Ordinances; the other
duplicate original shall be framed and hung at some convenient
place in the City Hall for the use and benefit of the public.
SECTI ON XX : ENF'ORCEMENT: The provisions of thie
ordinance shall be administered and enforced by the Building Inspector
of the City of Lubbock. All applications for building permits
shall be accompanied by a plat in duplicate, drawn to scale, showing
the •actual dimensions of the lot to be built upon, the size of the
building 'to be erected and such other information as may be necessary
to provide for the enforcement of these regulations. A careful
record of such applications and plats shall be kept in the office of
the Building Inspector.
SE CTION XXI: CERTIFICATE OF OCCUPANCY AND COMPLIA NCE:
{1) No building hereafter erected or structurally
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altered shall be used, occupied or changed in use until a cer-
tificate of occupancy and compliance shall have been issued by
the building inspector stating that the building or proposed use
of a building or pre~ses complies with the building laws and the
provisions of these regulations.
(2) Certificates of occupancy and compliance shall be
applied for coincident with the application for building permit
and shall be issued within ten (10) days after the erection or
structural alteration of such building shall have been completed
in conformity with the provisions of these regulations. A record
ot all certificates shall be kept on file in the office of the
Building Inspector and copies shall be fUrnished on request to
any person haVing a proprietary or tenancy interest in the
building affected.
(3) No permit for excavation for any building shall
be issued before application has been made for a certificate of
occupancy and compliance.
SECTION XXII: ZONING MAF DESIGNATIONS:
(1) When definite distances in feet are not shown
on the zoning map the district boundaries on the zoning map are
intended to be along existing street, alley or property lines or
extensions of or from the same. When the location of a district
boundary line is not otherwise determined, it sball be determined
by the scale of the map measured from a given line.
(2) Where the street layout actually on the ground
varies from the street layout as shown on the zoning map, the
Board of Adjustment may apply the designations shown on the mapped
streets in such a way as to carry out the intent and purpose of
the plan tor the particular area in question.
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SECTION XXIII: Board of Adjustment:
(a) There is hereby created a Board of Adjustment
consisting of five {5) members, each to be appointed by a majority
of the City Commission for a term of two years and removable for
cause by the appointing authority. Vacancies shall be filled
by the appointment by the City Commission of a suitable person
to serve out the unexpired term of any member whose place on the
Board has become vacant for any cause.
The Board is hereby vested with power and authority,
in appropriate cases and subject.. to appropriate conditions
and safeguards to make such exemptions to the terms of this
ordinance in harmony with its general purpose and intent and in
accordance with general or special rules therein contained for
the purpose of rendering full justice and equity to the general
public.
The Board may adopt rules to govern its proceedings
provided, however, that such ·rules are not inconsistent with
this ordinance. Meetings of the Board shall be held at the call
of the chairman and at such other times as the Board may determine.
The . chairman, or in his absence, the acting chairman, may
administer oath and compel the attendance of witnesses. All
meetings of the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of each
member upon each question, or, if absent or failing to vote,
indicate such fact, and shall keep records of its examinations
and other official actions, all of which shall be immediately
filed in the office of the Board and shall be a public record.
(b) Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any officer, department, board,
or department of the municipality affected by any decision of
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tbe administrative officer. Such .appeal shall be taken within fif-
teen (151 days' time after the decision has been rendered by the
administrative officer, by filing with the officer from whom the
appeal is taken and with the Board of Adjustment, a notice of
appeal specifying the grounds thereof. The officer from whom
the appeal is taken shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
An appeal shall st~y all proceedings of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the Board of Adjustment, after the notice of appeal
shall have been filed with him that by reason of facts stated in
the certificate, a stay would, in his opinion, cause immfnent
peril to life or property. In such case proceedings shall not be
stayed, otherwise, than by a restraining order which may be
granted by the Board of Adjustment or by a court of record on
application on notice to the officer from whom the appeal is
taken and on due causa shown.
The Board of Adjustment shall fix a reasonable time
for the hearing of an appeal, give public notice thereof, as .
well as due notice to the parties in interest and decide the same
within a reasonable time. Upon the hearing any party may ap pear
in person or by agent or by attorney.
(c) The Board of Adjustment shall have the following
powers:
(1) To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, ·or determination
made by an administrative official in the enforcement of this
ordinance.
(2) To hear and decide special exceptions to the terms
of the ordinance upon which the Board is required to pass under
this ordinance.
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) (3) To authorize upon appeal in special cases, such
~) variances from the terms of the ordinance as will not be contrary
to the public interest, where, owing to special conditions, the
literal enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of this ordinance
shall be observed and substantial justice done.
(d) In exercising its powers the Board may, in con-
formity with the provisions of Articles 1011-A to and including
1011-J of the 1925 Civil Statutes of Texas, revise or reform,
wholly or partly, or may modify the order, requirement, decision,
or determination appealed from and make such order, requirement,
decision or determination as ought to be made and shall have all
the powers of the officer from whom the appeal is taken.
(e) The concurring vote of four (4) members of the
Board shall be necessary to revise any order, requirement, decision,
or determination of any such administrative official, or to decide
in favor of the applicant on any matter upon which it is required
to pass under this ordinance or to effect any variance in said
ordinance.
(f) Any person or persons, jointly or severally,
aggrieved by any decision of the Board of Adjustment or any tax-
payer or any officer, department, or Board of the Municipality,
may present to a court of record a petition, duly verified, setting
forth that such decision is illegal, in whole or in part, specifying
the grounds of the illegality. Such petition shall be presented to
the court within ten (10) days after the filing of the decision in
the office of the Board and not thereafter.
~CTION XXIV: Completion of Existing Buildings:
Nothing herein contained shall require any change in
the plans, construction or designated use of a building actually
under construction at the time of the passage of this ordinance
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and which entire building shall be completed within two (2) years
from the date of the passage· of this ordinance. Nothing herein
contained shall require any change in plans, construction or
designated use of a building for which a building permit has been
heretofore issued .and which entire building shall be completed
within two (2) years from the date of the passage of this ordinance.
It any amendment to this ordinance is hereafter adopted changing
boundaries of districts~ the provisions of this ordinance with
regard to building, or p~e.mises existing or buildings under con-
struction or building permits issued at the time of the passage
of this ordinance, shall apply to buildings or premises existing
or building under construction or building permits issued ·in the
area affected by such amendment at the time of the passage of such
amendment.
SECTION XXV: PROCEDURE REQUIRE!? TO AMEND:
(l) The City Commission may from time to time amend,
supplement or change by ordinance the boundaries of the districts
or the regulations herein established.
(2) Before taking_action on any proposed amendment,
supplement or change, the City Commission shall submit the same
to the Zoning Commission for its recommendation and report.
(3) A public hearing shall be held by the City
Commission before adopting any proposed amendment, supplement or
change. Notice of such bearing shall be given by publishing the
same three (3) times in a newspaper of general circulation,
published in the City of Lubbock~ stating the time and place of
such bearing, which time shall not be earlier than fifteen (15)
days from·the first date of such publication.
(4) Unless such proposed amendment, supplement or
change has been approved by the Zoning Commission pr if a protest
against such proposed amendment, supplement or change has been
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filed with the City Secretary, duly signed and acknowledged by the
owners of twenty (20%) per cent or more either of the area of the
lots included in such proposed change or those immediately
adjacent in the rear thereof extending two hundred (200) feet
therefrom, or o_f those directly opposite thereto extending two
hundred (200) feet from the street frontage of such opposite
lots, such amendment shall not become effective except by a
unanimous vote of the city commission.
SECTION XXVI: ALTERING, CHANGING OR DEFACING:
It shall be unlawful for any person without lawful
authority to alter, erase, deface, add to or take from, or make
any changes of any character or to willfully injure or destroy
the zoning maps or either of them adopted by this ordinance.
SECTION XXVII.: PENALTY FOR VIOLATION:
Any person or corporation that shall violate any of
the provisions of this ordinance or fail to comply therewith, or
with any of the requirements thereof, or Who shall build or
alter any building in violation of any detailed statement or
plan submitted and approved hereunder , shall be guilty of a
misdemeanor and shall be liable to a fine of not more than
ONE HUNDRED ($100.00) DOLLARS, and each day such violation shall
be permitted to exist shall constitute a separate offense. The
owner or owners of any building or premises o r part thereof,
where anything in violation of this ordinance shall be placed
or shall exist and any architect, builder, contractor, agent,
person or corporation employed in connection therewith and who
have assisted in the commission of any such violation shall be
guilty of ·a separate offense, and upon conviction thereof, shall
be fined as herein provided.
SECTION XXVIII: SPECIAL EXCEPTION:
-When in the opinion of a majority of the members of
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the .. Cit:y Connniss.iorr_,. . it is deemed necessary for the protection
\_j of the health, safety and welfare of the public_, a permit may be
issued to any public utility company doing business 1n the City
of Lubbock to erect sueh buildings and structures and to maintain
such facilities as are necessary to render efficient utility
service to the general public in any district created by this
ordinance; provided, however, that such buildings, structures
and facilities shall meet the requirements of the City Building
Code.
SECTION XXIX: VALIDITY OF ORDINANCE:
If any section, paragraph, subdivision, clause,
phrase or provision of this ordinance shall be adjudged invalid
or held unconstitutional the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof,
other than the part so decided to be invalid or unconstitutional.
SECTION :XXX:
All ordinances and parts of ordinances in conflict
with this _ordinance are hereby repealed and this ordinance shall
take effect and be in full force from and after its passage and
publication as provided by the City Charter.
PASSED and approved the first reading this the ~Z
day or:f:·t~1W.A. D. ~.
01 tye;ereary
PASSED and approved the second reading this the Li'~~
day of A. D. 194~.
ATTEST:
~u iii Secrear;
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• ID 0 "" G .... Cll < 0 )( Ill ~ :II: U. 0 II m :l .J 0 0 0 -0 :; ('f U) )( • N 0 CD p: IIJ .... a: 0 Q. I 0 Motion by Commissioner Newsom, seconded by Commissioner Jone•, carried unanimously, to authorize Mayor C E Slaton, to execute license between the City of Lubbock and Lone Star Townsite Company relati~ to 1489.5 feet of 30 inch and 90 inch reintoroed concrete pipe storm sewer across Townsite Company's property between "A" and "E" _Avenues. :Payment of' $1.00 authorized. P & S F "y Co. Committee of Lubbock Unit of Texas Defense Guard, composed of K N Cipp, Capt. Chester·Hubbard and Lieutenant Walton, appeared before the Commission requesting that the City Commission appropriate $500.00 for guns, drill manuels,_uniforms and ammunition for the Un~t. 1bere was discussion and the matter taken under advisement. The ~it¥ Attorney to investigate to see if the City can legally spend money for this cause. Motion by Commissioner Newsom, seconded by Commissioner Jones, carried _unanimously, Ordinance No. 661 passed second'·and final reading. .. . ORDINANCE NO. 661 ' A ZON!r:G ORDlliANCE DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF LUBBOCK INTO DISTRICTS m ACCORDANCE WITH A CITY-WIDE COM-PREHENSIVE PLAN; DEFINING CERTAIN TERMS; REGULATING THE LOCATION, SIZI, HEIGHT, BULK AND USE OF BUILDINGS ',l'ITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT; lliXING THE PER-CENTAGE OF ANY LOT OR TRACT OF LA.ND TO BE OCCUPIED IN THE VARIOUS DISTRICTS; REGULATING TliE SIZE OF YARDS, COURTS AND OPEN SPACES: m EACH P-~TICUL~ DISTRICT; REGULATING THE DENSITY ·OF POPULATION, STRUCTURES, BUILDINGS, LANDS, INDUSTRY AND RESIDENCES m THE DIFFERENT DISTRICTS; PROVIDING REGULATIONS FOR THE CONS'$UCTION, ERECTION, REPAIR AND . ALTERATION OF ALL BUILDINGS AND STRUCTURES IN. EACH PARTICUlAR DISTRICT; ADOPTING A ZONING MAP , MAKING IT A PART OF THIS ORDINANCE; PROVIDING FOR THE LOCATIOlq AND OUTLINE OF All. DISTRICTS ON SA.ID ZONING MAP AND MAKING AU. FIGURES, LETTERS , MARKINGS AND COLORS ON SAID MAP A PART OJ' ' T""r!IS ORDINANCE; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENA.LTY FOR A VIOlATION OF 'lHIS ORDINANCE AND · PROVIDING FOR THE VALIDITY OF THIS ORDINANCE. -. . ' • •• ,. ~ '· • ., • ~l ,., ; •• ~ • • •l • ..(. ... . ·, )' J -·~~·---. ··~-,....; ... -.-·' .-.... J , Motion by Commissioner Jones, seconded by Commissioner Newsom, carried unanimously, Ordinance No. 662 passed second r-eading • . ORDINANCE NO. 662. .:c ' ORDINANCE CLOSING HK~RING AND LEVYING ASSESSMENTS FOR A PART OF THE