HomeMy WebLinkAboutOrdinance - 1318-1953 - Amending Zoning Ordinance 661 By Amending Zoning Ordinance 782 - 01/08/19531-28-53
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ORDINANCE NO. 1318
0\ ~ 22-\~53
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 661 BY
AMENDlNG ORDINANCE NO. 782, WHICH W~ AN AMENDMENT TO ORDI-
NANCE NO. 661 AND CONSTIJU,ES PARAGRAPH (3) OF SECTION III OF
ORDINANCE NO. 661, SO THAT SAID PARAGRAPH·(3) OF SECTION III.
WHICH REGULATES THE ISSUANCE OF BUIL.DING1PERMITS IN NEWLY
ANNEXED TERRITORY, SHALL HEREAFTER READ AS PROVIDED IN THE
BODY OF THIS ORDINANCE AND PROVIDE THAT IN TERRITORY NEWLY
ANNEXED TO THE CITY OF LUBBOCK: LIMITING THE ISSUANCE OF SUCH
PERMITS TO 11A 11 DISTRICT USES1 PROVIDING APPLICATIONS FOR OTHER
BUILDINGS AND USES SHALL BE REFERRED BY THE BUILDING INSPECTOR
TO THE PLA.NNING'AND ZONING COMMISSION FOR RECOMMENDATION TO
THE CITY COMMISSION AND PROVIDING THAT THE CITY COMMISSION
MAY GRANT OR DISALLOW SUCH PERMITS! PROHIBITING THE ALTERATION
REMODELlliG OR CONSTRUCTION ·oF EXISTING BUILDINGS OR STRUCTURES
FOR BUSlNESS OR QTHER THAN ONE-FAMILY RESIDENCE PURPOSES;
REQUIRING B UILDING PERMITS FOR BUILDINGS AND STRUCTURES IN THE
PROCESS OF CONSTRUCTION WHICH ARE INCOMPLETE AT THE :TIME THE
LAND UPON WHICH IT IS SITUATED IS ANNEXED' PROHIBITD'l'G CONSTRUC-
TION, ALTERATION OR COMPLETION OF INCOMPLETE BUILDINGS AND
S'DRUCTURES WITHOUT BUILDING PERMIT; PROVIDING FOR THE FILING
OF ApPLICATION TO PROCEED WITH CONSTRUCTION, ALTERATION OR
COl-4PLETION OF SUCH BUit.DINGS <?R STRlJCTURES~ THE FILING OF
PLANS A:N.Q SPECIFICATIONS RELATING THERETO; REFERRlNG SAME TO
THE PLANNING AND ZONING COMMISSION AND ITS RECOMMENDAT):ON TO
THE CITY COMMISSION; AND PROVIDING FOR SUSPENSION OF ALL CON-
STRUCTION WORK PENDING GRANTING OF THE PERMITS; AND PROVID-
.. :. .lNG A PENALTY •
WHEREAS, this proposed amend:ment has been submitted to the Planning
and Zoning Commission for its recommendation and report, and said Commis-
sion has recommended to the City Commission that Zoning Ordinance No. 661
be amended as provided ~ this ordinance~ and,
WHEREAS. notice of the proposed amendment to Ordinance No. 661 has
been duly given, as provided by Section XXV, Paragraph {3) of said Ordinance;
and,
WHEREAS, the City of Lubbock is frequently petitioned to annex addi· ...
tiona! territory to the City of Lubbock or otherwise finds it necessary to annex
additional territory for all municipal purposes and during the period following
the annexation, and before permanent zoning regulations have been duly enacted,
problems of building c.onstruction arise and there is no definite rule, or provi-
sion, now provided for by the ordinances of the City of Lubbock which would
provide a Wliform method for the issuance of permits in order to protect and
properly safeguard the various neighborhoods, or localities, in the matter of
proper zoning, having due regard to the public wel£are and comfort, it is nec-
essary that such temporary rules and regulations be proyided until permanent
zoning can be promulgated with due hearings afforded to the property owners
affected; NOW._ THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
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SECTION 1. That no permit for the construction of a building shall be
issued by the building inspector in a territory newly annexed to the City of
Lubbock other than a permit which will allow the construction of a building
permitted to be constructed in what is described as an 11A 11 District as defined
in Ordinance No. 661 and amendments thereto of the City of Lubbock, which
provides the general zGning regulations applicable to the City of Lubbock. An
application for any other use than that specified hereinabove shall be made to
the building inspector of the City of Lubbock and by him referred to the City
Planning Commission which acts as the Zoning Commission on the designation
by the City Commission of the City of Lubbock for a consideration and recom-
mendation to the City Cotnnlission. Whenever such recommendation is filed
with the City Commission by the City Planning and Zoning Cotnnlission, such
classification and such recommendation shall be advisory in its nature and the
Commission shall be at liberty to affirm it or allow such construction as the
facts in their opinion may justify.
SECTION 2. No existing building within any territory newly annexed to
the City of Lubbock not now lawfully used for business purposes shall be altered,
remodeled or constructed for business or other than one-family residence pur-
poses without a permit from the City Commission of the City of Lubbock. This
permit shall be obtained under the same procedure set out in Section 1 (One) of
this ordinance.
SECTION 3. That the owner, lessee, or any other person, firm or cor-
poration owning, controlling, constructing, supervising or directing the con-
struction of any building or structure now in process of construction and which
is incomplete at the time the land upon which it is situate~ is •. annexed to the I ,
City of Lubbock, before proceeding any further with the construction, altera-
tion or completion thereof, shall apply to the building inspector of the City of
Lubbock for a permit authorizing further work on said building or structure
and shall attach to said applic~tion for such permit plans and specifications
relating t·o the construction of said building, or structure, which said applica-
tion for building permit shall be promptly referred to the City Planning and
Zoning Commission for consideration, and said Commission shall promptly
thereafter file with said governing body its recommendation as to granting,
modifying or rejecting said permit, the said recommendation to be advisory,
as stated in Section 1 (One) hereof. Said construction work shall be suspended
until the permit provided for herein has been issued, or until final zoning regu-
lations have been adopted, which permit the construction, use and occupancy
of the structure or building.
SECTI<:>N 4. That anyone violating the provisions of this ordinance shall
be guilty of a misdemeanor and upon conviction thereof shall be fined any sum
not to exceed Two Hundred .Dollars ($200), and each day such violation shall
exist, or be permitted, shall constitute a separate offense.
AND IT IS SO ORDERED.
On motion of Commissioner Morris , seconded by
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Commissioner Thomas , the foregoing Ordinance was --------------------------
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passed on first rea.ding thl,s 8th day of January , 195 3 , by
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the following vote:
Commissioners voting ''YEA11 :
Commissioners voting ''NAY'':
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Morris, Carpenter, Davis, Thomas and
Mayor Tripp
None
On motion of Commissioner Thomas , seconded by ----~~---------------
Corrunissioner Morris , the foregoing Ordlnance was
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passed on s,econd reading this 22nd day of ___ ..,J,..ao~o~ouQ;ara..v~.-___ ...._, 195 _i,
by the follo.tving yote:
Commissioners voting "YEA I':
Commissioners voting 11NAY11 :
ATTEST:
---~£~e ~-----City ecretary-Trffs~~er
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Morris, Carpenter, DaVis, Thomas and
Mayor Tripp
None
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