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HomeMy WebLinkAboutOrdinance - 1612-1954 - Amending Section 1 Of Zoning Ordinance 661 - 09/23/1954I ~L ... .,....~ ~ ~--.~-=~---=-----=----=---===------======----====------====------=---~ . ~ (J/-' .,:; ?. I 0.9 -.;;;J-a -19Si+ Cl .~ i ) 1 " . 2 !! ~ ! I ! I Q. ! No. 1.612 '-./' !O-·.r-4 :-; {...9 s4- Aw ORDINAJ«:E AMENDING (1) OF SECTION XV "REAR YARD REGUIATIOE" OF ZONING ORDI- Cony H~-20 -54 ro ~ity Bldg. I nspecto Jity Atty. Ji ty Engr. a ty Plan Eng r. aty Tax Co l l e ctor v IA~E NO. 661 TO PROVIDE THAT ATTACHED GARAGES MA.Y EXTEND TO WITHII TElf (101 ) ft!E'l' OF THE CENTER LINE OF 'l'HE ALIBYJ FURTHER AMERDING rA>lUNG ORDINA.ICE NO. 661 BY AMENDING SreTION XXIII 11BOARD OF ADJUS'.IMENT•, WHICH PROVIDES FOR .A. ZONING BOARD OF ADJ1JS1'MENT J ESTABLISHES THE PERSON ACTING .AS PLANNING ENGINEER OF THE CITY OF LUBOOCK ro BE AN EX-oFFICIO MEMBER OF Stx:H BOARD, WITHOUT POWER OF VOTE, WHO IS TO ACT AS SECRETARY OF SUCH OOARD J FURTHER PROVIDES FOR RULES AliD STANDARDS BY WHICH THE ro.ARD OF ADJUS'IMEHT IS TO BE GOVERNEDJ ~UIRES ALL DE- CISIONS TO BE IN WRITING AND FliED 1M SPECIFIC PLACES J GRAliTING AliD DESIGNATING THE POWERS OF SUCH OOA.RDJ SETTING UP t PROCEDURE GOVERNING THE GRANTING AIID EXERCISING OF SUCH POWERSJ ~UIRING A MIN'IMOM OF $15.00 FROM THE APPLICANT TO MAIL AND PUBLISH ALL NOTICES PROVIDED FOR IN SUCH OBD~B; POOVIDING FOR A PUBLIC HEARINGJ PROVIDING THAT OHLY ONE APPEAL IN EACH SIX MONTHS PERIOD WILL BE CONSIDERED BY THE OOARDJ SETTING UP A TIME LIJollT FOR ACTION UIDER DF.CISIO.NS FAVORABlE '10 THE APPLICABTJ P~VIDING FURTHER FOR CONDITIONS WHICH MAY BE MADE IN COHNro'l'lON WITH THE GRANTING OF EICEP'l'IOBS ARD VARIA~ES; SETTBJG RUL'm A1iD ST.AlmAliDS BY WHICH THE EOARD IS TO I£ GOVERNED; AND PROVIDING FOR APPEAL FROM SOCH BOARDJ CONTAINING A SAVINGS CLAUSE; PBOVIDING A PENALTY; AUTHORIZING PUB- LICATION OF THE DESCRIPTIVE CAPTION AND THE PENALTY CLAUSE HEREOF • WHEREAS, these proposed amendments have been submitted to the Planning and Zoning Co.ission for its recoanendation and report, and said COII!lisaicgl bas recoa~eDded to the City Comission that Zoning OrdiDance .No. 661 be uonded by .._nding (1) of Section rY naear Yard Regulations", and Section XXIII "Board of Adjustment"; and, WHEREAS, all conditions precedent required by law tor a vall(! 8lllendment to the Zoning Ordinance have been tul.l.7 complied vi th and notice vas d~ pub- lished on the 5th day of September, 1954 in the Lubbock Moming Aval.aDche, ud t.be public hearing according to said Notice vas held at 2s00 o•clock P.M. on the 23rd day or September, 1954 in the City Co.Ussion Booa on tbe First Floor ot the City Hall, Lubbock, Texas, at which tim.e persona appeared in support ot the proposal; and after said bearing it was by the City COJIIDission determined that it would be in the public illterest due to changed coDdit1ons that the Zoning Ordinance be &JaeDded in substantial compliance tdtli tbe recoaael:ldations of the Plalmi.Dg and Zoning Comission. THEREPORE, BE IT ORDAIBD BY THE CITY COMMISSION OF THE CITY OF LUBOOCK: SECTION 1. That (1) or Section XV ''Rear Yard Regulations" of Ordinance 661 be aDd the eue is here by 8lll8nded to hereafter provide as follows: BmT!Olf XV -Rear Yard Regulations (1) In all districts where buildings are erected ol" struc- turally altered for dwelling purposes, there shall be a rear )'8rd having a depth or not leas than tvent.J percent <m> ot the depth ot the lot, provided such rear 7fll'da need not exceed twenty-fiYe (25') feet, I and .further provided, on a corner lot attached garage •Y extend to vi thin ten feet (101 ) of the center line of the alley which shall be construed to 11ean that DO cornices, eaves, aUla, oanopies, or other sild.le.r architectural features shall ever in 8D1' case ex- tend beyond the rear lot line. S~TION 2. That Section XXIII 11Board of Adjustment" of Ordinance 661 be and tbe same is hereby IUIIended to hereafter provide as follows: SEXlTIOH XXIII -Board of Adjustaent (1) Provisions for (a} There is hereby created a Zoning Board of Adjustment consist- ing or five .mber.s, each to be appointed by a majority of tbe City Commission. (b) Members of' the Zoning Board of Adjustment shall be appointed for a term of two years and removable for cause by the City Commission upon vritten charges and after public hearing. Vacancies shall be filled by appointment by the City Coa- Ddssion of a suitable person to serve out the unexpired tera ot any llellber vhose place on the Board bas become vacant for any cause. (c) 'l'he person acting as Planning &lgineer for the City of Lubbock shall be an at-officio member of the Zoning Board of Adjustaent without pover of vote and as an ex-officio member of s"UDh Board shall act as Secretary of the Zoning Board of Adjutaent and shall set up and •1ntain a separate file for eaoh ap- plication for appeal~, special exception and variance re- ceived and shall record therein the names and addres~a of all persons, firms aDS corporations to whom notices are mailed, including the date of •iling and the person by whom such notices were delivered to the JD&iling clerk, Post otfice or D&il box and turtber keep a record of all notices published as required herein. All records and files herein provided for shall be pera.nent and official files and records of the City of Lubbock. (d) The Board shall adopt rules to govern its proceedings, pro- 't'ided, however, that sueh rules are not inconsistent with this ordiDaDce. (e) Meetings of the Board of Adjust.ent shall be held at the call of the Chairan and at such other ti.Ms as the Board rrA7 determne. All meetings of the Board shall be open to the public. (f) The Board shall keep Minutes of its proceedings, shoving the vote of each member upon each question, or, if' absent or tailing to vote, indicating such fact, and shall keep records of its eDJJd.na tiona and other official actions and every de- cision of the Board ot Adjustment shall be in vriting and shall -... ., contain a 1'ull record of the :f'indinga of the Board in each case, all of which shall be baedia tely filed in the office of the Bo&rd and shall be a public record. (g) The Secretary of the Board of Adjustment shall forthwith notif)' in writing the City Co-.ission, the Planning aDd Zon- ing Cosdssion and tbe City Building Inspector of each de- cision, interpretation, special ezception and variance granted under the provisions of this ordinance. (h) The ChaU.n, or in his abeenoe, the acting Chairman, -.y ·administer oaths or compel the attendance of witnesses. {2) Powers (a) The Zoning Board of Adjustment may hear and decide appeale where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordina.noes and may also decide &D7 questiom illvolvirlg the interpretation of &r17 of US. pro- visions of this ordinance inoluding deterai.Dation of the location of 8ZfT district boUDdary, if there is uncerta1nt," in respect thereto. (b) Tbe Zoning Board of Adjustatnt •Y, in appropriate oases and subject to appropriate conditions and safeguards, llllke spe- cial cceptions to tbe tems of this ordinance in harllloD7 vi th its general purpose and intent and in accordance with the general and specific rules herein contained. (c) The Zoning Board of Adjustment 'fla7 authorize, upon appeal, in specific oases such variance from the tel"JD8 of this or- dinance as will not be contrary to the public interest~ where, owing to such condition, a literal enforcement of the pro- visioM of this ordinance will result in unnecessary hardship, 8.Dd so that the spirit o~ this ordinance shall be observed and substantial justice done. (3) Procedure Covering Special Ezceptione, Appeals and Granting of Variances (a) Appeals and Variances (a-1) Appeals and requests for 'f&l"iances to the Board of Adjustment •Y be taken by any person aggrieved or by &.Dy officer, departaent, ioard or bureau of the Gi ty of Lubbock affected by any decision of the ad- lli.nistrative officer. Suoh appeal or request for variance shall be taken within fifteen (15) daye time after the decision has been rendered bT the ad- ministrative o~ficer, by filing vith the officer from vhom the appeal a taken and vi th the Secretary of the Board of Adjustment a notice of appeal specify- ing the grounds thereof • The officer from whom the appeal is taken shall forthwith have ad.e to the Sec- retary of the Eoard a].f ~ papers oonstituting the record upon vbich the actS,On appeati.d<' trom was taken. v (a-2) Such DOtice or appeal properly filed as herein provided, shall stay all proceedings in furtherance of the action appealed from, unless the officer froll vhom the appeal is ta.ten certifies to the Board or Adjustment after the notice ot appeal shall have been filed vith hi». that by reason of facts stated in the certiticate a stay 'WOuld, in his opin- ion, cause imminent perU to life or property, In such case, proceedings shall not be stayed otherwise than by a rest.raining order vhich may be granted by the Board of ~djustment or by a Court of record on application on notice to the officer troll vboa the appeal is taken and on due cause shown. (a-3) Upon notice of appeal being given to the Secretary of the Board of Adjustment, before such appeal shall be conetrued as taving been perfected the applicant IIIUSt file with sueh notice of appeal to the Secretary of tbe Board cf Adjust- ment, an aaount or JIOney estiBa.ted by the Secretary of the Board to be suf'ticient to •11 and publish all notices re- quired herein, such amount in no case to be less than $15.00. (b) Special Exceptions (b-1) Appllcation for special exceptions to the terJIS of this or- dinance shall be Jlll.de in vriting in duplicate on fol'll8 provided in the office of the Secretary of the Board ot Adjustment by the prospective occupant anrl/or ower or tbe property. One such application shall be accompanied by an amount of money estbtated by tbe Secretary of the Board to be sufficient to •11 and publish all notices required herein, such aaount in no oase to be less than $15.00. (b-2) One duplicate original of such application shall be forth- vith forwarded b7 the Secretary of the Board of Adjust- ment to the office of the City Building Inspector. (c) Notice The Zoning Board of Adjustment shall bold a public hearing on all special exceptions, granting of variances and appeals and vritten notice of all such public hearings shall be sent by the Secretary of the Board on toms prepared by the City Attorney's Office to the applicant and all other persona deeaed by the Board to be affected thereby, and all owers of real property lying vithin tvo hundred (200•) feet of the property on vhich the special exception, grant of variance or appeal is proposed, such DOtice to be given not less than ten (10) days before the date set for hearing to all such owners vho bave rendered their eaid property for City taxes as the ownership appears on the last approved City tax roll. Such notice •Y be served by depositing the saae properly addressed and postage paid in the City Post Of'f'ice. Notice shall also be given b,y publlshiBg tbe same in a newspaper of general circulation in the City of Lubbock at least fifteen (15) days prior to the date set for bearing which notice shall state the time and place of such bearing, provided bovever, • all prorlsipns contained herein with respect to the mailing &Dd publish1Dg of' notices of hearing shall be deemed sufficient upon substantial 'COmpliance vi th this section, and is to be construed as directory and not lllmdatory. (4) The Hearing (a) Upon the hearing any interested party may appear in person or by agent or by' a ttornq. (b) The burden ot proof shall be on the applicant to establish the facts neoessarf which the Zoning Board ot Adjustment IIUSt find before granting any special e ::meption, 'ftriance or appeal as herein contained. (c) In er.:ercising the powers herein granted, the Board may, in contor.mi ty with the provisions ot this ordinance reverse or attira wholly or part.Jy or ay modifY the order, re- quirement, decision or determination appealed tram and may make such order, requ.irement, decision or determiDa- tion as ought to be mde aDd to that end shall have all the powers of the officer trom whom the appeal is taken. (d) The concurring vote ot four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of ~ such adminSstrative official, or to decide in favor of the applicant on aDT matter upon which it is required to pass under this ordinance or to et- teet &nT variation of this ordinance or grant aey special exception hereto. (e) No appeal, request or application to the Board of Adjust-· ment shall be allowed on the same piece of property prior to the expiration ot six (6) months trom a ruling ot the Board ot Adjustment on aDT appeal, request or application to such body unless other property a btltting or adjoining such property shall have within such six (6) montbs period been altered or changed by a ruling ot the Board of' Ad- justment, in which case swab change of oircUDlStances shall permit the allovance of an appeal, request or application but shall in no vise have any force in lav to compel the Board ot Adjustment, after a hearing, to grant such sub- sequent appeal, request or application but such hearing shall be considered on its merits as in all other cases. (f) Any special exceptions 1 variances or appeals authorized or granted b.r the Board or Adjustment either under the provisions ot this ordinance or under the authority granted to the Board of Adjustment under the statutes of the State of Texas shall authorize the issuance ot a building permit, or a certificate of occupancy, as the case -.y be, for a period ot ninety (90) days from the date of the favorable action on the part or the Board. of Adjustment, unless said Board or Adjustment in its minutes shall, at the same tilne, grant a longer period. If. the building permit tmd/ or cer- tificate of occupancy shall not have been issued within said ninety (90) day period, or sueh extended period as the Board •Y specifically grant, then the spe9ial exception, variance or favorable appeal shall bed~ waived and all rights thereunder terminated. Such terminating and waiver shall be vi thout prejudice to a subsequent appeal to said Board in accordance with the rules and regulations herein contained. (5) ~eptions and Variances Distinguished (a} A special exception is a permission given b,y the Board proper~ authorized b,y this ordinance 1n specific cases for an applicant to use his property in a -..mer contrary to the provisions of this ordiDance provided such use sub- serves the general welfare and preserves the CODBDUDit7 in- terest. (b) A nriance on the other hand, is an authorization by the Board granting relief and doing substantial justice in the use of the applicant's property by a property ower where, owing to special conditions a literal enforcement of the provisions of the ordinance rill result in unnecess&r7 hardship. ( 6) Special Exceptions (a) A special exception ma7 be granted an applicant when the Board of Adjustment finds s (a-1) That the granting of such exception will not be in- jurious or otherwise detrimental to the public health eafety, morals and the general welfare of the general public, and; (a-2) That the granting of such exception will not be de- trillenal or injurious to the property or improve- •nts in such sone or neighborhood in which tbe property is located, aDd; (a-3) Tbat the granting of such exception will be in bara')IJ r vi th the general purpose and intent of this ord1naDCe: (a-4) In determining its finding, the Board shall take into account the character and use of adjoining buildings and those in the vicini t7, the nUilber or persons residing or working in such buildings or upon such land and traffic condi tiona in the vicini t, (b) The Board of Adjustment J1A71 after public notice and hear- ing and subject to the conditions and safeguards herein contained, authorize special exceptions to this ordinance aa follovs: (b-1) Permit the recODStruction of a building occupied as a non-conforming use. ' (~) Permit the extension of a non-conforai.ng use of a build- ing upon a lot occupied as a non-conforming use. (b-.3) Grant in relatively UDdeveloped sections of the Cit)" temporary and conditional perm! ts for not more than 'two (2) year periods for aey use of land, accluding ~Structures. (b-4) Permit the use of a lot or lots in any dwelling district adjacent to any other district, even if separated there- from by an alley or by a street, for the parking ot pas- senger care under such safeguards and condi tiona of the JDOre restricted property, provided no other ~iness use is made of such lot or lots. (b-5) Permit in any district such JDOdification of the require- ments of this ordinance as the Board JJJAy deem necessary to reeoure an appropriate development of a lot where ad- jacent to such lot on tvo or more sides there are buUd- ings that do not conform. to these regulations. (b-6) Permit such modification of a yard, lot area or lot width regulation requirements as •Y be necessary to 1HOure ap... propriate improvement of a parcel of land where suah par- cel was separately owned on the 6th day of J.prU, 1941, and ia not adjacent to another parcel of the same OWDer- ship aDd where such parcel is of such size that it C&DnOt be impro'Yed without such modification or of such restrict- ed area that it cannot be appropriately improved vi thout ~ modification. (c) In granting &D7 special exception under the proviaiona or this ordinance the Board •1 designate such conditione in cormection therewith which, in its opinion, \dll secure substa.ntiall7 the purpose and intent of this ordinance. (7) Varia.aces (a) A Variance may be granted an applicant when the Board or A.djustaent finds s (a-1) That there are special oircUilstances or conditiODS applying to the land or building for which the 'variance ia sought, which circUilatances or condi- tions are peculiar to such land or buildings am do not apply general.l.7 to lands or buildings in the same sone or neighborhood, and that said circUIIl• stances or conditions are such that the strict appli ... cation of the provisions ot this ordinance would deprive the applicant or the reasonable use of such land or building. (a-2) That the granting of such variance will not be de- tri.mental to the public welfare or injurious to the property or improvements in such zone or neighbor- hood in which the property is located, andJ (8) r.o (b) ~ (c) (a-3) That the granting of the variance is neceSSfl1"'7 for the reasonable use of the land or building and that the variance as granted b,y the Board is the JDini:m.um. variance that will accomplish this purpose. (a-4) That the literal enforcement and strict application of the provisions of this ordinance vill result in an unnecessar.y hardship inconsistent with the gen- eral provisions and intent of this ordinance and that in granting such variance the spirit of' the ordinance will 1:8preserved and substantial justice done. (a-5, In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in determining its findings shall take into account the number of persons residing or wor~ in such buildings or upon such land aDd traffic con- ditions in the vicinity. The Board of .Adjustment •7, after public notice and hear- ing aDd subject to the oondi tiona and safeguards herein con .. tained, V8.1'7 or adapt the strict application of' any of the terms of' this ordinance under the powers and authority herein granted. In granting u.y variance under the provisions of this or- dinance, the Board may designate such conditions in con- nection therewith which, in its opinion, will secure sub- stantial.ly the purpose and intent of this ordinance. Appeal From Zoning Board of Adjustment (as provided by Article lOll g1R.C.S.,l925} (a) AJ:ry person or persons, jointly or severally, aggrieved by' any decision of the Board of' Adjustment, or &DT taxpa,-er, or an;y officer, department, board or bureau ot the ~­ oip&lity, •7 present to a oourt of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, speo~f11ng the grounds of the ille- gality. Such petition shall be presented to the court vi th· in 10 days after the tiling of the decision in the office of' the Board. (b) Upon the presentation of' such petition the court may allow a writ of' certiorari directed to the Board of A.djustaent to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's at ... torney 1 which shall not be less than 10 days and may be extended by' the court. The allowance of the writ shall not stay proceedings upon the decision appealed f'roa, but the court •-r, on application, on notice to the Board and on due oause sbovn, grant a restrainillg order. (c) The Board ot Adjustment sbaU not be required to :mturn the original papers acted upon by' it, but it shall ~sutficient -<'" -· ..... I ' • (d) (e) (f) to return certified or sworn copies thereof or of suoh portions thereof as may be called for by such writ. The return shall conciseq set forth such other facts as may be pertinent and material to shov the grounds of the de- cision appealed tro• and shall be verified. It, upon the bearing, it shall appear to the court that testi.Jiony is_necessar;y for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court 'With his f'ind~ngs of fact and conclusions of law, which sball constitute a part of the proceedings upon which the deter:adnation of' the court shall be made. The court may reverse or affirm, wholly or partly, or ma7 modit.y the decision brought up tor review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross neg- ligence, or in b8d faith, or with malice in -.king the decision appealed fro~ All issues in arv-proceeding UDder this sec~ion shall have preference over all other civil actions and pro- ceedings. S!CTIOH 3. That if any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged ,inya¥d,, or held unconstitu- tional, the saJBe shall not affect the validity o.('tbl• Ordinance as a whole or~ part or provision thereof other than the part so decided to be itmt.lid or unconstitutional. SECTION 4. That anyone violating the provisions8~<F-s1 <AAi1nance shall be gull ty of a misdemeanor and upon conviction thereof be fined any SUIIl not to exceed 'fvo Hundred ($200.00) Dollars and each day such violation shall be permitted toad.st shall constitute a separate c:tf'ense. SECTION s. The City Secretary-Treasurer is hereby' directed to cause the descriptive caption of this Ordinance together with the peaali7 clause to be published as an alternative method of publication as provided ~ -lliv. A H D I T I S S 0 0 R D E R E D. On motion of Coaisaioner. __ ..;F~or.;;..;;..re.;.;st;;.;;... ______ , secoidecl by Commie- /" sioner ____ c_a_rp..._en_t_e_r ______ , the foregoing OrdiDADOe was passed on first reading this !L day ot SepteJ!tutr , 195-4-, by the following vote I Commissioners voting •IE&•s Commissioners voting "NAY"s Baker, Carpenter, Forrest aad Mayor Tripp None ., • I -- u P.lO On motion of CoDDissioner _c_a_r_pe_n_t_e_r ______ , seconded by Co-.is- sioner ____ F_o_r_r_e_s_t _____ , the foregoing Ordinance was passed on second reading this 14th day of _.;._..;;O.;;;.ct.;.;o;.;b;..;e;.;;.r ___ , 195~,~-by the following vote: Commissioners voting "YEA.": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting "NAY" s None ATTEST: Laven -Treasurer ~ 9/4/54 "