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HomeMy WebLinkAboutOrdinance - 4590-1964 - Amending Zoning Ordinance No. 1695, By Amending Subsection 2.32, Adding 2.32.1 - 12/04/1964.. u FOS:jlw AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695~ BY AMEND- ING SUBSECTION 2. 32, AND ADDING A NEW SUBSECTION 2. 32·1., TO SECTION 2; BY ADDING A NEW SUBSECTION 6.1-7, TO SECTION 6; AMENDING SUB- SECTION 17.1-1_. OF SECTION 17; AND BY ADDING A NEW SUBSECTION 21.6 TO SECTION 21; DEFINING "CUSTOMARY HOME OCCUPATIONS"; "HOME BEAUTY SHOPS11 ; PERMITTING HOME BEAUTY SHOPS AS DEFINED IN 2. 32 .. 1 IN R-1 ZONES; DELETING THE USE OF SIGNS INDICATING A CUSTOMARY HOME OCCUPATION; PROVIDING FOR ISSUANCE OF AN UNASSIGNABLE SPECIAL USE PERMIT "CERTIFICATE OF OCCUPANCY FOR A HOME BEAUTY SHOP" BY ZONING ADMINISTRATOR; PRESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION OF DESCRIPTIVE CAPTION AND ESTABLISHING EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS.., the recommendation of the Zoning and Planning Commission as presented relating to amendment of Sub Section 2. 32 -defining "Customary Home Occupations" under the terms of the Comprehensive Zoning Ordinance 1695, was received for consideration by the City Council,. and WHEREAS.., it is found by the City Council that prior to June 11, 1959,. Sec- tion 2. 32 of the Comprehensive Zoning Ordinance expressly excluded "Home Beaut Shops" as a Customary Home Occupation, and that by Ordinance No. 2807 Section 2. 32 of the Comprehensive Zoning Ordinance No. 1695,. was amended by eliminat- ing the clause which expressly excluded Home Beauty Shops as a Customary Home Occupation,. and WHEREAS.., it is found that thereafter on April 28, 1960, the City Council construed the definition of Customary Home Occupation as amended to permit a "Home Beauty Shop11 where only one operatorts chair,. three dryers and one sink were utilized in the operation of such Home Occupation, and WHEREAS. thereafter on October 12 .. 1961, the City Council was advised and informed that the provision in the definition of a Customary Home Occupation requiring 11that the entrance to the area where such occupation exists be within the dwelling unit" was contrary to the State Statutes regulating the business .. practice or trade of hair dressing or cosmetology which requires that there be no entrance between the dwelling area and that portion occupied and used as a "Home Beauty Shop" and it was thereupon determined by the City Council, in recognition of the health and sanitation standards of the State of Texas .. that as applied to "Home Beauty Shops" the provision of Section 2. 32, Ordinance 1695,. in conflict therewith should not be considered in the enforcement of the Comprehensive Zoning Ordinan , and WHEREASa there has been a judicial determination by the Judge of the 140 District Court of Lubbock County,. in Cause No. 45393,. styled David W. Dye et al vs. Rebecca Kurtze,. et al~ that the action taken by the City Council on April 28, 1960,. and October 12,. 19611 respectively,. did not constitute an amendment of Section 2. 32 of the Comprehensive Zoning Ordinance 1695, and that therefore the occupation of conducting a "Home Beauty Shop" with one operator's chair., three dryers.. and one sink and in compliance with the requirements of the State Statutes regulating the entrance of such "Home Beauty Shop" is in conflict with.. contrary to and in violation of Section 2. 32 of the Comprehensive Zoning Ordinance 1695 as amended June 11. 19 59; and WHEREAS., it is found and determined by the City Council,. after due con- sideration., that it is in the best interest of the public welfare,~~ safety., and economy to reduce congestion and minimize traffic hazards on residential streets and to pre serve the economic values of the homes in residential zoned areas; therefore it is the opinion of the City Council,. that to this end~ Customary Home Occupations should be restricted to occupations., professions., domestic crafts, and enterprises which are customarily conducted in a residential dwelling. It is further found and determined that those citizens of the City of Lubbock engaged on this date in the occupation, business and trade of hair dressing or cosmetology in residentially zoned areas have expended money and time in the development of their respective occupation,. business or trade in good faith in reliance on the actions heretofore taken by the City Council. It is the further opinion of the City Council that to pro- hibit such individual citizens from continuing their respective occupation.., business or trade would be inequitable., unfair and bring about a disruption of the economy and cause an undue hardship on those citizens relying on the integrity of their duly constituted elected representatives; it will therefore be in the public interest and welfare., for those citizens so engaged on this date to continue such occupation., business or trade in the residentially zoned areas presently occupied by them so long as each comply with the conditions and policies heretofore announced by the Ci y Council of the City of Lubbock and the standards laid down hereafter in the body of this ordinance; and WHEREAS., premises considered, it is the further opinion of the City Council that Ordinance No. 169 5 should be amended., and it appearing that all con- ditions precedent required by law for a valid amendment to the Comprehensive Zoning Ordinance have been fully complied with as well as giving notices in com- pliance with Section 20 of Ordinance No. 1695 as well as notices provided andre- quired by Article lOllf. Vernonts Annotated Civil Statutes., amended in 1961., and that 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 Council on such proposed amendment., at which time persons appeared in support and in opposition to the proposed amendment., and" after said hearing~ it was by the City Council determined that it would be in the public interest, due to changed conditiom that the Zoning Ordinance No. 1695 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Subsection 2. 32 of Section 2 of Zoning Ordinance No. 1695., be amended to read hereafter, as follows: "2.32 CUSTOMARY HOME OCCUPATION: 11An occupation. profession~ domestic craft..,. or economic enterprise which s customarily conducted in a "residential dwelling" as hereinafter defined, subject to compliance with each of the following conditions: "(a} uResidential dwelling" as used in this Section shall mean a detached building designed. used and occupied exclusively by members of one ( 1) family as a residence. 11(b} That no person other than members of a family who reside in the res- idential dwelling be engaged in such occupatio~ profession. domestic craft or economic enterprise; 11(c) That such use be and remain incidental and subordinate to the prin- cipal use of the residential dwelling as a family residence and the area utilized for such occupation. profession. domestic craft or economic enterprise shall never exceed twenty-five per cent {25o/o} of the total of the floor area of the residential dwelling which shall include the garage area within the common exterior walls of such dwelling or attached by a connecting roof with such dwelling; "{d) That~ to prevent increased traffic congestion in residential areas,. no advertising of the occupation, profession. domestic craft or enterprise be con- ducted by means of any commercial communication media., or by the use of any other device such as a sign~ display, handbills~ or other visible indication thereof displayed inside or outside the residential dwelling unless specifically aJlowed by Section 17 of this code; 11( e} That the residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal; "(f) That no exterior storage of material., equipment,. and/or supplies use in conjunction with such occupation. profession, domestic craft or enterprise be placed~ permitted or allowed on the premises occupied by the residential dwelling11 "{g) That there be no offensive noise. vibration. smoke. dust. odors, heat or glare beyond the property lines; "(h) That such occupation. profession,. domestic craft or enterprise be wholly within the residential dwelling or garage area and no accessory building be used in conjunction therewith; 11(i} That no stock. goods. wares or merchandise be sold or kept for sale other than that which is prepared or produced upon the premises. or used in the preparation or production of such stock. goods. wares or merchandise; 11(j) That only equipment be used in such occupation., profession. domestic craft or enterprise that is ordinarily used in a private home in a like amount and kind. uProvided. however 11 this Section shall not be construed as applying to "Home Beauty Shops" as defined in Section 2. 32-1 except as otherwise provided therein." . SECTION 2. THAT Section 2 of Zoning Ordinance No. 1695 be amended by adding the following: 11 2.32-1. HOME BEAUTY SHOPS: "Where one or more members of a family engage in the business., practice or trade of hair dressing or cosmetology under a license issued by the State of Texas., within a residential dwelling, subject to the following conditions: 11(a) That the residential dwelling was used as a Home Beauty Shop or was being converted to such use under the terms of a valid building permit issued by tb ~ Building Inspector on or before December 4. 19 64. "(b) That subsections {a). (b) .. {c)., (d)., (e). {f)·. (g). {h)., and (i) of Section 2. 32 be complied with; "(c) That in relation to the services rendered as a Home Beauty Shop no more than one ( 1) operatorts chair, three (3) dryers and one ( 1} sink be utilized and installed within the area of the residential dwelling devoted to this purpose. "(d) That an unassignable special use permit., "Certificate of Occupancy for a Home Beauty Shop11,. for such residential dwelling, be secured from the Zon- ing Administrator on or before sixty { 60) days from the final enactment of this Or dinance, which shall be posted or displayed within the shop area and made availabJ e and subject to inspection at any reasonable hour of a business day by the Zoning U Administrator or any one acting under his direction and supervision. "That all Home Beauty Shops operating as Customary Home Occupations prior to enactment of this Section 2. 32-1., under Section 2. 32 as amended June 11. 1959., are operating contrary to and in violation of the provisions of said Section 2. 32 and the enactment of this Section 2. 32-1 shall not be construed as creating a vested interest in the use and occupancy of such residential dwelling as a Home Beauty Shop., and the provisions hereof are hereby expressly restricted to the per son or family engaged in the business of conducting a Home Beauty Shop or entitle to engage in the business of conducting a Home Beauty Shop under the provisions h re of on December 4. 19 64; provided, however, where such person or family is hereafter required to move from the residential dwelling so occupied on said date by governmental action, the holder of a valid "Certificate of Occupancy for a Hom Beauty Shop" may relocate. The enactment of this Section is intended to apply onllr to persons engaged in the business of a Home Beauty Shop who are using pro- fessional type chair. dryers and sink or other equipment not ordinarily used in a home prior to enactment of Section 2. 32-1, and is not to be construed or interpret ~d as prohibiting the incidental use of the residential dwelling under provisions of Sec "ior 2. 32 as presently enacted." SECTION 3. THAT Section 6 of Zoning Ordinance No. 1695., be amended by adding the following: "6. 1-7 Home Beauty Shop as defined in subsection 2. 32-1., and providing that this section shall not be construed or operate as excluding or preventing a . licensed beautician. hair-dresser or cosmetologist from operating under the pro- visions of Section 2. 32 as amended herein. 11 SECTION 4. THAT Subsecti~n 17.1-1 of Section 17 be amended to read hereafter as follows: "17. 1-1 One unlighted name plate or sign for each dwelling unit, not exceed ing one square foot in area., indicating the name of the occupant. 11 SECTION 54 THAT Section 21 of Zoning Ordinance 1695 be amended by adding the following: "21. 6 As a condition precedent to the operation of a "Home Beauty Shop" as defined in Subsection 2. 32-1 each individual eligible to continue operation of a 11Hon e Beauty Shop" must file with the Zoning Administrator within sixty days from final enactment hereof a written application for an unassignable Special Use Permit "Certificate of Occupancy for a Home Beauty Shop" and present therewith proof of eligibility to continue such operation in form of an affidavit certifying that affiant has complied with all conditions and provisions of said Subsection 2. 32-1. The Zoning Administrator is hereby authorized and directed to issue forth- with to each applicant upon proper proof of eligibility to operate a "Home Beauty Shop" an unassignable Special Use Permit "Certificate of Occupancy for a Home Beauty Shop" and shall thereafter inspect or cause to be inspected from time to U time the residential dwelling described in the Special Use Permit issued hereunder " SECTION 6. Any person, firm or corporation violating any of the provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding the sum of $200. oo. Each day such violation is committed. or permitted to continue. shall constitute a separate offense and shall be punishable as such hereunder. SECTION 7. If any section~ subsection., sentence, clause., phrase or portio of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction., such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 8. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption hereof together with the penalty provision for violation thereof in lieu of publication as provided by Article 117 6b-1., Vernonts Annotated Civil Statutes of Texas. SECTION 9. This order shall take effect 10 days from and after the last date of publication as herein provided. A N D IT IS SO ORDERED. Passed by the Council on first reading this 4th day of December a 19 64. Passed by the Council on second reading this 17th day of December a 1964.