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Home My WebLink AboutOrdinance - 4161-1963 - Amending Zoning Ord.No 1695 By Changing Sections 2.40, 2.68, 2.114 Etc. - 08/22/196311~Ll Oi)-22-Jd1LP3 ORDINANCE NO. 4161 I AN ORDINANCE AMENI:?ING ZONING ORDINANCE NO. 169 5 BY CHANGING SECTIONS 2. 40~ 2. 68, 2.114, 2. 95, 7.1-3., 8.1-2 .. 10.1-26~ 16.1-1-2., 19.3-1-3, f::\\ 1 119.3-2-1, AND THE A~DITION OF SECTION 15.2-3-9-10 PROVIDING FOR \_Jj b PERMANENT ORNAMENTAL STRUCTURES WITHIN A SUBDIVISION AND A Jjl ,J~"J-NEW SECTION 16.6 TO PROVIDE FOR AN ADDITIONAL REGULATION FOR ~ ACCESSORY BUILDINGS AND A NEW SECTION DESIGNATED AS SECTION 16.6- FURTHER ADDING A REGULATION APPLYING TO ACCESSORY BUILDINGS•. AN REPEALING SEC,. 2. 41 AND SECTION 2. 43; PROVIDING A SEVERABILITY CLAUSE AND FOR THE PUBLICATION AND DECLARING THIS ORDINANCE AN EMERGENCY MEASUR.E MAKING THE EFFECTIVE DATE IMMEDIATELY UPON I PASSAGE. ./ WHEREAS6 it is proposed and recommended by the Zoning & Planning Commi,- ssion that Zoning Ordinance No. 1695 be amended by changing Section 2. 40, Section 2. 68, Section 2. 114, Section 2. 95, Section 7. 1-3, Section 8. 1-2, Section 10. 1-26, Section 16. 1-1-2, Section 19.3-1-3, Section 19.3-2-1 in order to clarify said sec- tions and further amended by adding a new section designated as Section 15. 2-3-9-1 providing for permanent ornamental structures within the subdivision and adding new section designated as Section 16. 6 to provide for an additional regulation on accessory building and new section designated as Section 16. 6-1 further adding to the regulation applying to accessory buildings as more particularly shown in the written recommendation by the Zoning and Planning Commission as received by the City Commission; and WHEREAS., all conditions precedent required by law for a valid amendment to the Zoning Ordinance 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 lOllf, Vernon1s Annotated Civil Statutes, amended in 1953, and 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 sue proposed amendment, and the public hearing according to said notice was duly held in the City Commission Room on the second floor of the City Hall, Lubbock, Texas, at wl':lbh 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 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; and WHEREAS., it appears that the subject of this ordinance pertains to the preservation of property and affects the safety and weliare of the citizens of the 1 City of Lubbock thereby creating an emergency; NOW THEREFORE, I r BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT Ordinance No. 1695 be and the same is hereby amended by changing Sections 2. 40, 2. 68, 2. 95, 2. 114, 7. 1-3, 8. 1-2, 10.1-26, 16. 1-1-2, 19.3-1-3, 19. 3-2-UenW.l be and will read hereafter as follows: 11 2.40 Dwelling, Two-Family: A building designed exclusively for occupancy by two (2) families living independently of each other. 112. 68 Lodging House: Same as "Rooming House~'. "2. 95 Servants' Quarters: An accessory building or portion of an accessory building located on the sam lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for servants em- played on the premises for not less than 50 per cent of his or her actual working time, and not otherwsie used or de&igned as a separate place of abode, provided the living area of such servants' quarters shall not exceed 112. 114 Tourist Court, Motel, Motor Hotel, or Motor Lodge. A building or group of buildings designed primarily to serve tourists travel- ing by automobile in which lodging is provided for more than twenty (20) persons for compensation and where an office and register is maintained separate and apart from any of the rooms or units provided for the tourists and where the operation is supervised by a person or persons in charge at all hours. A motel, tourist court, motor hotel .. or motor lodge may include as accessory uses, restaurants, club rooms, banquet halls, ballrooms and meeting rooms. 117. 1-3 Churches and other places of public worship including normal access r: uses and buildings such as parish halls, Sunday School rooms and off-street parking areas when on the same plot or lot or group of lots making up the church site; provided, however, that any such off-street parking areas must be screened by a permanent wall or fence, a minimum of six {6) feet in heigl , from any adjoining residentially zoned property and improved with an all- weather surface. "8. 1-2 Boarding and Lodging or Rooming Houses. "10.1-26 Water Sales and Softener Service 1116. 1-1-2 Lots having 10, 500 square feet or more. On a lot in any "R" District having 10, 500 square feet or more, accessory buildings including a private garage, wash house, tool house, den, guest house, or servants' quarters may be permitted. Servants' quarters permitted under this section shall not be occupied by anyone other than members of the family occupying the main dwelling or the family of a bona fide servant employed on the pre- mises not less than 50o/o of his or her actual working time, and the floor area of such servantsJ quarters shall not exceed 400 s .quare feet. 1119.3-1-3 Upon notice of appeal or application for a variance being given to I the Secretary of the Board of Adjustment, before such appeal or request for variance shall be construed as having been perfected the applicant must deliver to the Secretary of the Board of Adjustment .. an amount of money estimated by the Secretary of the Board to be sufficient to mail and publish all notices required herein, provided in no event shall such amount be less than $15.00, and, when an appeal involves the issue of development of a specific tract of land, applicant must concurrently file three copies of a .:,S.ite "plan,drawn to scale showing existing and proposed development of the property in question. 11 19. 3-2-1 Application for special exceptions to the terms of this ordinance shall be made in writing in duplicate on forms provided in the office of the Secretary of the Board of Adjustment by the prospective occupant and/or owner of the property. Such application shall be accompanied by an amount of money estimated by the Secretary of the Board to be sufficient to mail and publish all notices required herein, provided in no event shall such amount be less than $15. 00~ and~ when an appeal involves the issue of devel opment of a specific tract of land, applicant must concurrently file three copies of a site plan drawn to scale showing existing and proposed develop- ment of the property in question. 11 SECTION 2. THAT Ordinance No. 1695 be and the same is hereby amended I by adding new sections to be designated as Section 15. 2-3-9-10 and Section 16. 6 and Section 16. 6-1 and Section 20, which shall be and will read hereafter as folbw "15. 2-3-9-10 Permanent ornamental structures for the purpose of identify- ing a subdivision may be placed within the required yard areas on a corner lot at the intersection of a local street within the specific subdivision and a major thoroughfare or other street protected by traffic signs; provided that no portion of such structure shall be located within two {2) feet of the street property lines nor within the area between the property corner at the street intersection and a line connecting points fifteen (15) feet in each direction on the property lines; provided further~ that the height of such ornamental structures above sidewalk grade shall not be more than two (2) feet at the nearest allowable point adjacent to the major street and not over seven (7) feet at the nearest allowable point to the local street. Decorative features or lights not over three (3) feet s.quare may be placed on the column or support adjacent to the local or side street provided they do not extend more than two '(2) feet above the maximum seven (7) feet allowed for the main structure "16. 6 Construction & Use "16. 6-1 No accessory building shall be constructed on a lot until the constru~ tion of the main use building has begun. No acc~ssory building shall be used unless the main use building on the lot is also being occupied simultaneously. r " 20, In all following subs~ctions change Zonmg and Planning Commission to Planning and Zoning Commission." SECTION 3. THAT Ordinance No. 1695 be and the same is hereby amended by repealing Sections 2. 41 and 2. 43. SECTION 4. If any section, subsection~ paragraph, sentence, clause~ phrase or word in this ordinance, or application thereof to any person or circum- stance is held invalid, such holding shall not affect the invalidity of' :the remaining portions of this ordinance, and the City Commission hereby declares it would have passed such remaining portions despite such invalidity. SECTION 5. City Secretary shall cause the publication of this ordinance once a week for two consecutive weeks in a newspaper regularly published in the City of Lubbock. SECTION 6. Since ~ this ordinance is an emergency measure for the reason set forth in the preamble hereof the rule requiring an ordinance to be read on two readings before final passage is hereby suspended and this ordinance shall take effect immediately after its passage. · AND IT IS SO ORDERED. ------------------~--...... , ... _ P a s s e d by the Commission on first reading this 1963. 22nd day of August ATTEST: