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HomeMy WebLinkAboutOrdinance - 661-1941 - Dividing The Area Within The Corporate Boundaries Of The City Of Lubbock - 02/27/1941·L t' ~ ~ ·~ ~ t: . .. 11 t ... _ _, "' ~-- o:;z -::z. 7 -1.94 l 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: .' 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; o. .. . . . ' ~ ·. .. f' 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 2 .. · . : I ' 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 3 .. .. ,• f .:..,. . . ' •. .· I , 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. 4 (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 5 .. . ' .. : : 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 ' 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 ~ . 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 6 .· 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. 7 ... .. ·. (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: ~ 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 8 0 ·. eighty(80) feet from the front lot line, nor less than five (5) . ~ feet from any other street line, nor less than three (3) feet J 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. 9 · . . ' {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. 10 ' 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. . . (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: ,_. (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 / --rw~rlfy 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). 11 - (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). 12 ) (11) Pecan shelling. (12) Public garage. '• •• f • (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, 13· ·. . ,. 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 \..Cl_lo~ s ~ 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 14 0 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. 15 .. . / ..... . /' 'J (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 I 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. 15-A manufacture. ·, 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 16 . l '\.. ) u ./ :' 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 17 / .. 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 I 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 18 • .. '-) J . "' : .. (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 ... 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. 20 ) J 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 21 : ... 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. 22 . . ... 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 l; 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 23 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 I 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 24 ' } u .. . 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. 25 ) J . . ' ... -· 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 26 ;.:· '· rf;,r. /" ! I I ) 0 ·~ ~ -. . .. . . .. - 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. 27 ..... . .. _, .... () ... ) (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 28 ... . > , 0 .. .. 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 29 .. 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 30 \ b ••• • C'. . -(>_ .... (7 " 0 ·-< 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; 31 • 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