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HomeMy WebLinkAboutOrdinance - 1599-1954 - Amending Zoning Ordinance 661 To Enlarge Permissive Use Under Sec VI - 09/09/1954I Copy 9-24-54 to Gi ty Pl an ~i ty Jttty· Bldg .Insp v . ,_ ce-o9-t9.5W- ORDINANCE NO. 1599 0 9 -:=:8>-t ..9e:; L\- AN ORDINANCE AMENDING ZONU~ ORDINANCE 661 TO ENLAffiE THE PERMISSIVE USE UNDER SECTION VI RFliULATIONS FOR •F• DISTRICT BY PERMITTING RADIO TRANSMITTERS AND ANTENNA; PK>VIDING FURTHER FOR AMENDME:N'l' TO ZONING ORDINANCE 661 BY ADDING TO SFXTION nil AREA AND BUILDING HEIGHI' RroULATIONS (9} POOVIDIID FOR HEIGHT LIMIT FOR RADIO TRANSMITTERS AND .ANTENNA IN THE "F• DISTRICT; CONTAINI NG A SAVINGS CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION A:tm THE PENALTY CLAUSE REROOF. WHEREAS, this proposed amendment to the Zoning Ordinance has been submit- ted to the Planning and Zoning Commission for its recommendation and report and said commission has recommended to the City Commission that Zoning Ordinance 661 be amended to include radio transmitters and antenna as a permissive use in the "F" District by amending Section VI of such ordinance to include such permissive use and turther, by amending Section UII providing a height limit for such radio tram!mitter and antenna as permitted within the •F• District ebB not exceed a height l.illl1 t from its position on the area on which it is con- structed which would exceed the distance from its base to the :nearest property line at any point, which recommendation was received by the City Commission; and, after due consideration the Cit,y Commission finds that making the proposed amendments more tull7 hereinafter set out would be in the public interest and would promote the health, safety, morals and general welfare of the general public and lessen the congestion in the streets and provide greater safety from fire, panic and other dangers and provide adequate light and air, and prevent the over-crowding of land to avoid undue concentration of population and other public requirements; and, WHEREAS, all conditions precedent required ~J law tor a valid amendment to the Zoning Ordinance have been fully complied wi th and notice was duly pub- lished on the ~ day of August , 195!t,, in the Lubbock M:lrning Avalanche and the public hearing according to said notice was held at 2:00 o'clock P.M. on the ~ day of September, 1954, in the City Commission room on the First Floor of the City Hall, Lubbock, Te::xas, at which time persons appeared in suP- port of the proposal; and after said hearing it was by the City, Comnission de- termined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance be amended in substantial compliance with the recom- mendations of the Planning and Zoning Commission; T H E R E F 0 R E, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: . SECTION 1. '!'hat Ordinance No. 661, commonly known as the Zoning Ordinance, be amended to include within Section VI the permissive use as follows: SECTION VI. RFliULATIONS FOR "F" DISTRICT {10) Radio Transmitter and Antenna SECTION 2. That Section XIII of Ordinance 661, comnonly known as the Zoning Ordinance be amended to include (9) which shall provide as follows: SECTION nii • AREA AND BUILDING HEIGHT REGULATIONS: (9) The radio transmitter and antenna permitted under Section VI in the -r• District shall not exceed a height limit from its position on the area on which it is constructe d which would exceed the distance from its base to the nearest propert,._line at any point. SECTION 3. That if any section, pare.graph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitu- tional, 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 4. That an:yone violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof be tined any sum not to exceed Two Hundred 1200.00) Dollars and each day such violation shall be per- mi. t ted to exist shall constitute a separate offense. SECTION 5. The City Secretary-Treasurer is hereby directed to cause the descriptive caption of this Ordimnce together with the penalty clause to be published as an alternative method of publication as provided by law. A N D I T I S S 0 0 R D E R E D. ) On motion of Conmissioner ____ ...:Ba=k:.;:;e.:.r _____ , seconded by Commie- sioner ____ Ca=ry~en;;.;.;.t.;;;oer.__ _____ , the foregoing Ordinance was passed on first reading this ~ day of September , 195_L, by the following vote: Commissioners voting "YEA•: Baker, Carpenter, Forrest, Thomas arrl Mayor Tripp Conmissioners voting "NAY": None On motion of Commissioner _____ F~or~r-e~s_t _____________ , seconded by Commie- sioner ____ B_a_k_e_r _______ , the foregoing Ordinance li8.S passed on second reading this 23d day of September 195_L, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY": None ATTEST: c~ ~10-54 -2-