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HomeMy WebLinkAboutOrdinance - 1318-1953 - Amending Zoning Ordinance 661 By Amending Zoning Ordinance 782 - 01/08/19531-28-53 ony sent: 'lan .Der t. :ldg .Insr . ohn Nenny Ci ty Atty c 01-oe-\.9 =>:3 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: • J .. c P. 2 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 ------~---------------- Commissioner Thomas , the foregoing Ordinance was -------------------------- c () passed on first rea.ding thl,s 8th day of January , 195 3 , by • t the following vote: Commissioners voting ''YEA11 : Commissioners voting ''NAY'': ------------~~---- Morris, Carpenter, Davis, Thomas and Mayor Tripp None On motion of Commissioner Thomas , seconded by ----~~--------------- Corrunissioner Morris , the foregoing Ordlnance was ----------------~~----~ 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 VEW:sv lZ-18-SZ Morris, Carpenter, DaVis, Thomas and Mayor Tripp None t