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HomeMy WebLinkAboutOrdinance - 4115-1963 - Amending Zoning Ord. No 1695 By Adding New Section 10A, Subsection 17.4A "C-2A" - 06/13/1963.. l FOS:djl ==~====~-~~~======~~=====---~==-====---==----=== /Z) I ORDINANCE NO. \ v AN ORDINANCE RELATING TO AND AMENDING ZONING ORDINANCE NO. \tj 1695 BY ADDING A NEW SECTION {lOA) AND A NEW SUBSECTION ,(17. 4A) TO ._/ r-./. SECTION 17 SO AS TO PROVIDE FOR A RESTRICTED RETAIL DISTRICT A'J DESIGNATED AS "C-2A"; REGULATING THE USES PERMITTED THEREIN; \9 SETTING AR-EA REQUIREMENTS FOR FRONT~. REAR. AND SIDE YARDS 6 LIMITING THE HEIGHTS OF BUILDINGS IN SUCH DISTRICT; ESTABLISHING STANDARDS FOR OFF STREET PARKING. NAME PLATES AND SIGNS IN SUCH DJSTRICTS AND REQUIRING SCREENING IN CERTAIN INSTANCES; PROVIDING A PENALTY AND SAVINGS CLAUSE~ WHEREAS~ it is proposed and recommended by the Zoning and Planning Commission that Zoning Ordinance No. 1695 be amended by adding a new section I providing and regulating the uses in an area to be designated as a restricted retail district designated as 11C-2A" as more particularly shown in its written recommen- dation which has been received by the City Commission~ and WHEREAS~ after due consideration of the recommendation as made by the Zoning and Planning Commission the City Commission finds that it will be in the public interest so as to encourage orderly development of a high character in attractive landscaped surroundings with the design of buildings and exterior l indications so controlled as to be more compatible with residential development I in the vicinity or within such a district~ and WHEREAS~ all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 20 of Ordinance No. 1695 as well as notices provided by Article 1011f, Vernon's Annotated Civil Statutes, amended in 1953~ an~ notice was duly published in the Lubbock Morning Avalanche Journal more than fifteen (15) days prior to the date of the public hearing before the City Commission on such proposed amendment~ and the public hearing according to said notice was I duly held in the City Commission Room on the second floor of the City Hall~ Lub ck Texas, at which time persons appeared in support of the proposal; and,. after said hearing, it was by the City Commission determined that it would be in the public interest, due to changed conditions. that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced in final written form prior to first reading hereof; NOW • THEREFORE~ BE IT ORDIANED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: I SECTION 1. THAT Ordinance No. 1695 be and the same is hereby amended by adding a new section to be Section lOA and a new Subsection to be 17. 4A to Section 17 all to read as follows: "SECTION lOA -"C-2A" -Restricted Retail District "The following regulations shall apply in all "C -2A~' Districts: 11 lOA. 1 Uses Permitted. It is declared that the public policy of the City of Lubbock that the regulations u set forth in this district are intended to encourage orderly development of a high character in attractive landscaped surroundings with the design of buildings.., and exterior indications so controll~d as to be more compatible with residential development in the vicinity or within the district to preserve property values and protect the health and welfare of the inhabitants of the City of Lubbock. All oper- ations and uses., with the limited exception of the service station., shall be conducte~~ entirely within a building and no outside display of merchandise shall be permitted. No use shall be permitted which will be injurious or offensive to the occupants of ~ adjacent premises or area by reason of emission of dust., smoke. odor, glare, noi~e., vibration .. trash, or other causes. "lOA. 1-1 Any use conditionally or unconditionally permitted in the 11R-lu .. "R-2~', and "R-3" Districts except Trailer Coach Parks. · 1110A.l-2 Any use permitted in the "C-111 District except Swimming Schools. "lOA. 1-3 Personal services such as barber shop., beauty parlor, photographer or art studio, laundry and cleaning pick up station or other personal service uses. "lOA.l-4 Household maintenance and repa~r shops such as radio and television and household appliance repair shop., dress- makers.~~ tailors.., shoe repair, dry cleaning and pressing shops; provided that the classification shall not include automotive service or repair shops or similar uses. ~'lOA.l-5 Office buildings and banks. "lOA. 1-6 Retail Stores. As an auxiliary use merchandise may be produced for sale at retail on the premises but no industrial or manufacturing operation shalL be allowed., that is not incidental and related to the primary use; no wholesaling or jobbing shall be carried on and no merchandise shall be stored other than that to be sold at retail on the premises. 11 lOA.l-7 Commercial schools~ except mechanical or trade schools. "lOA. 1-8 Service stations. ~lOA~ l z9 Restaurants and Tea Rooms~ provided there is no drive- in service for on-premises consumption. "lOA,. 1-10 Self-Service facilities such as laundry or washateria., and dry cleaning, and similar self-service establish- ments together with services incidental and related to the primary use. "lOA. 1 -11 M rt . d f al 1 o uar1es an uner par ors. "lOA. 2 Conditional Uses. (Reserved for future use.) 'lOA. 3 Area Requirements. 'lOA. 3-1 Front Yard -There shall be a front yard for every structure. The minimum required front yard measured from the centerline of the fronting street shall be determined as follows .. but in no case shall the front 1110A. 3-2 t• 1110A. 3-3 be less than 10 feet: For lots fronting on a residential street, the front yard shall be not less than 35 feet. For lots fronting on a collector street, the front yard shall be not less than 40 feet. For lots fronting on a major street., the front yard shall not be less than 55 feet. For lots fronting on a semi-freeway, the front yard shall be not less than 70 feet. For lots fronting on a freeway., the front yard shall be not less than 110 feet. I' Rear Yard -There shall be a rear yard for every structure! used for residential purposes. The minimum depth for sue rear yard shall be 20o/o of the lot depth provided such rear yard need not exceed 25 feet measured from the center of the alley and, provided[Uctrer:11 that on a corner lot an attached garage may extend to within 10 feet of the center- line of the alley. For structures used for other than dwelling purposes, the rear yard shall be not less than 10 feet from the centerline of the alley provided that such structures are not over one story or 17 feet in height. In the event any such non -residential structures exceeds one story or 17 feet. the rear yard requirements shall be the same as for residential structures. Side Yards -There shall be a side yard on each side of every structure used for residential purposes; the minimum width of any such side yard shall be five feet. No side yard is required for structures to be used for other than residential purposes except where adjacent to an "R" District, in which case there shall be a side yard of not less than 5 feet. Provided, however, that on a corner lot the side yard measured from the side of any building to the centerline of the side street shall be determ~1ne as follows, but in no case .shall such street side yard be le s than 10 feet: "lOA. 4 II lOA. 5 For lots siding on a residential street, the side yard shall be not less than 35 feet. For lots 'siding on a collector street,. the side yard shall not be less than 40 feet. ·For lots siding on a major street, the side yard shall be not less than 55 feet. For lots siding on a semi-freeway, the side yard shall be not less than 70 feet. For lots siding on a freeway, the side yard shall be not less than 110 feet. "lOA. 3-4 Lot Width -The minimum lot width for residential purposes shall be 50 feet. No minimum lot width is required for non- residential uses~ except that the minimum lot width for service stations shall be 150 feet. II "lOA. 3-5 Lot Area -The minimum lot area for residential purposes shall be 6000 square feet, provided that for multi-family or apartment purposes the minimum lot area per dwelling unit shall be 1500 square feet. 11 lOA. 3-6 Lot Coverage -For residential purposes the maximum combined lot coverage of the main building and any accessory buildings shall be 40o/o of the total lot area. For all other permitted uses there is no requirement as to maximum coverage. Height Limit -The maximum height of buildings shall be two and one- half stories or 35 feet, except that any portion of a non-resid~ntial building which may be located closer than 25 feet to the centerline of the alley shall be limited to one story or 17 feet. Off-8treet Parking -Off-Street Parking shall be required for all uses in the district as follows: One Family and Two Family Dwellings -One space for each dwelling unit. Multi-Family Dwelling or Apartment -One and one-half spaces per dwelling unit. Church -One space for each five seats in the main chapel or auditorium. Mortuary -One space for each four seats in the chapel or six for each private parlor, whichever is greater. Offices and clubs -One space for each 200 square feet of total floor space. Retail Stores, Service Shops, and Studios -One space for each 150 square feet of total floor space. Restaurants -One space for each 100 square feet of total floor space. No portion of the required minimum front yard, as determined by Sub section lOA. 3-1 of Section lOA of this Ordinance, shall be used for the1 purpose of providing off street parking or temporary parking or stan · g of any motor vehicle adjacent to any service area of any improvement located on such premises and no motor vehicle shall be parked or permitted to be parked in such a manner as to overhang any public sidewalk or right of way, but provided, however, this provision shall not be construed as prohibiting the open,ing and use of such front yard area for the purposes of ingress and egress of motor vehicles to and from said premises. When more than one class of use occupies a single building or premises, the total number of parking spaces re- quired shall equal the sum of the requirements for each of those uses determined separately. When any previously existing building within ~ this district is changed in use or the floor area increased 25o/o or mor l above the original area, off-street parking shall be provided as requi l~d in this section. All parking spaces required by the terms of this distmc· shall be located on the same lot as the building or use served, except when new or additional off-street parking is required by virtue of a change or enlargement of the use .. such additional spaces may be provided within this district but not more than 200 feet from the use being served. Off-street parking area shall be screened by a minimuljn 6-foot permanent solid screening fence or wall along any alley line,. except for permitted driveway openings, and along any property line I which may adjoin property in an "R" District and any lighting of such parking areas shall be so designed as to not cast any glare on adjacenl residential property in the area. Off-street parking areas, including number of spaces and means of ingress and egress, shall be approved by the City Traffic Engineer under the terms of this district and the Cityts driveway ordinance. 11 10A. 6 Screening -Any portion of the rear or alley property line of any lot o premises occupied for other than residential purposes and not by a permitted building shall be screened by a permanent solid screening wall or fence not less than 6 feet in height; provided, that openings for driveways or other access may be permitted. Any.such fence or wall shall conform to the terms of this ordinance. "17.4A The following nameplates and signs shall be permitted in the "C-2A11 district: "17. 4A-l All nameplates and signs permitted in subsection 17. 3. 1117. 4A-2 One nameplate or sign for each dwelling unit in a single- family or two-family structure indicating tile address and name of the occupant. Such sign shall not exceed one square foot in area and may be placed within the front yard. ~==--==--====---===================~ t .../ "17. 4A-3 One unlighted sign indicating a customary home occupatio · such sign shall be not over one square foot in area and attach~d flat against the front wall of the structure. "17. 4A-4 Churches shall be permitted one lighted identification sign or bulletin board within the required front yard area pro- vided such sign does not exceed 18 square feet in area. One temporary unlighted sign not over 12 square feet in area pertaining to the prospective sale or rental of the property may be placed within the front yard. I Boarding and rooming houses shall be permitted an identif- ~~17.4A-7 "17. 4A-8 cation sign not over 6 square feet in area. Multi-Family or Apartment structures may have one identification sign not over 16 square feet in area. Structures used for other purposes may have a sign or signs totalling not more than 3 square feet in area for each lineal foot of building frontage to be prorated among the occupants. Any such permitted sign or signs shall pertain only to the use of the property on which located,. shall face the principal or fronting street and, except as otherwise noted, shall be attached flat against the wall of the building and shall not project above the roofline. Where lighted! signs are allowed, such signs shall not be flashing or animated nor have any exposed neon. " SECTION 2. Ap.y person, firm or corporation who shall violate or cause to have violated any provision of this ordinance as herein adopted shall be guilty of a misdemeanor,. and upon conviction thereof shall be punishable of a fine not more than $200.00. Each day or-portion thereof during which said violation is committe ~ or permitted to continue shall constitute a separate and destinctive off•mse, SECTION 3. If any section,. subsection, paragraph, sentence, clause, phrase or word in this Ordinance., or application thereof to any person or circumstance is , held invalid, such holding shall not affect the validity of the remaining portions of this Ordinance,. and the City Commission hereby declares it would have passed such remaining portions despite such invalidity. AND IT IS SO ORDERED.