HomeMy WebLinkAboutOrdinance - 2623-1958 - Amending Subdivision 19.4-6 Of Zoning Ordinance 1695 - 11/13/1958AN ORDINANCE AMENDING SUBDIVISION 19. 4 -6 OF ZONING
ORDINANCE NO. 1695 SO AS TO CHANGE THE LENGTH OF TIME ALLOWED
FOR ISSUANCE OF BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY
AFTER A BOARD OF ADJUSTMENT DECISION; PRESCRIBING A PENALTY;
AND PROVIDING FOR PUBUCATION AND EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the matter of changing the length of time allowed for issuance .
of a building permit or certificate of occupancy after a final decision rendered_
by the Board of Adjustment has been referred to the Planning and Zoning
Commission for their recommendations and report and said recommendations
and report have been received by the City Commission; and,
WHEREAS, the City Commission finds that it would be to the public
interest, safety, health and general welfare to amend Zoning Ordinance No.
1695 in the manner set forth in the body of this Ordinance; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Subdivision 19.4-6 of Zoning Ordinance No. 16-95 of
the City of Lubbock is hereby amended to read hereafter as follows:
11Any special exceptions, variances or appeals authorized
or granted by the Board of Adjustment either under the
provisions of this Ordinance or under the authority granted
to the Board of Adjustment under the statutes of the State
of Texas shall authorize the issuance of a building permit,
or a certificate of occupancy, as the case may be, for a
period of one-hundred eighty (180) days from the date of
the favorable action on the part of the Board of Adjustment,
unless said Board of Adjustment in its minutes shall, at
the same time, grant a longer period. Provided, however,
no building permit shall be issued pursuant to the granting of
a special exception, variance or appeal by the Board of
Adjustment until the expiration of ten (10) days after the filing
of the decision granting such special exception, variance or
appeal in the office of the Board. In the event any person
entitled to do so should within said ten days appeal the decision
of the Board of Adjustment to the courts, no permit shall be
issued by the Building Inspector pursuant to such special
exception, variance or appeal until the action of the courts
supporting the decision of the Board becomes final, and the
issuance of a building permit or certificate of occupancy,
as the case may be, is authorized for a period of 180 days
from the date the action of the courts became final. 1£ the
building permit and/ or certificate of occupancy shall have
not been issued within said one-hundred eighty (180) day
period, or such extended period as the Board may specifically
grant, then the special exception, variance or favorable appeal
shall be deemed waived and all rights thereunder terminated.
Such terminating and waiver shall be without prejudice to a
subsequent appeal to said Board in accordance with the rules
and regulations herein contained. 11 /
SECTION 2. Any person, firm or corporatj.on violation any provision of
this Ordinance shall upon conviction be fined any sum not exceeding TWO
HUNDRED $200. 00} DOLLARS. --=:=====-="---=---'---'---
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SECTION 3. The City Secretary shall publish this Ordinance once a
week for two consecutive weeks in a newspaper regularly published in the
City of Lubbock and this Ordinance shall become effective ten (10} days
after its last publication.
AND IT IS SO ORDERED.
Passed by the Commission on first reading this 13th
of Noyember • 1958.
Passed by the Commission on second reading this 24th
of Noxsnber , 1958.
EFFECTIVE DATf
DEC 151958
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