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HomeMy WebLinkAboutOrdinance - 4609-1965 - Amending Subsection 10A,1-9 And 10A.6 Zoniing Ordinance No. 1695. - 01/14/1965. MYT:kks ORDINANCE NO. _4602 AN ORDINANCE AMENDING SUBSECTION 1 OA. 1-9 AND 1 0 A. 6 OF ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK~ TEXAS~ TO PROVIDE THAT A RESTAURANT IS ONE DESIGNED FOR SERVING AND CONSUMPTION OF FOOD INSIDE THE BUILDING ONLY; THAT A SOLID 6 FOOT PERMANENT FENCE BE ERECTED AND MAINTAINED; THAT A 4 FOOT WIDE GATE BE PERMITTED WHERE ADVISABLE; THAT ON CORNER LOTS FENCE BE "STEPPEDn DOWN FOR A CERTAIN DISTANCE FO THE PROPERTY LINE; THAT WHEN REAR OF BUILDING IS PARALLEL TO PROPERTY LINE FENCE SHALL NOT BE REQUIRED~ EXCEPT ALONG POR .. TIONS OF PROPERTY WHICH HAVE NO BUILDING PARALLEL THERETO; THAT A SOLID 6 F OOT PERMANENT SCREENING FENCE BK.REQUIRED ON SIDE OF ANY LOT WHICH IS ADJACENT TO RESIDENTIALLY ZONED PROPERTY; THAT SAID FENCE SHOULD EXTEND FROM REAR OF PROFERT TO WITHIN 10 FEET OF FRONT PROPERTY LINE;PROVIDING FOR A PEN- ALTY; AND PROVIDING FOR THE PUBLICATION OF THE DESCRIPTIVE CAPTION AND EFFECTIVE DATE OF TinS ORDINANCE. WHEREAS, it is proposed and recommended by the Zoning and Planning Commission that Zoning Ordinan.ce No. 1695 be amended by revising Subsection lOA. 1-9 and lOA. 6 which regulates Restaurants and screening in "C-2A" Local Retail Districts; and~ WHEREAS, after due consideration of the recommendation as made by th Zoning and Planning Commission the City Council finds tm t it will be in the public interest to revise the Subsections for "C-2A" Local Retail Districts;and, WHEREAS, all conditions precedent required by law for a valid amendme t to the Zoning Ordinance and Map have been fully complied with., as well as givin notices in compliance with Section 20 of Ordinance No. 1695 as well as notices provided by Article lOllf, Vernonts Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning Avalanche Journal more th fifteen {15) days prior to the date of the public hearing before the City Council on such pr:oposed amendment, and the public hearing according to said notice was d held ifi the City Council Room on the second floor of the C ity Hall~ Lubbock, Tex at wtlich time persons appeared in support of the proposal; and, after said hear· it wa~ by the City Council 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Subsection lOA.l-9 of Ordin.an.ce No. 1695 of the City of Lubbock, Texas, {Being a part of the Zoning Ordinance)., BE AND THE SAME is hereby amended to read hereafter as follows, to ... wit: .l -~~=9~=============-----~-=================================~F- 11lOA.1 ... 9 ..,. Restaurants~ when designed for serving and consumption of food inside the building only. u SECTION 2. THAT Subsection 10.At!i6 of Ordinance No. 1695 of the City of Lubbock;. Texas.. (Being a part of the Zoning Ordinance}~ BE and the same is hereby amended to read hereafter as follows,. to-..wit: ulOA. 6 • Screening tit A solid 6wfoot permanent type screening fence shall be erected and permanently maintained along the rear property line. A 4.,.foot wide gate shall be permitted and/ or opening for vehicular traffic for ingress and egress where such opening will not cause a traffic hazard and the opening is approved by the City Traffic Engineer. On corner lots this fence shall be slanted or ~'stepped11 down from a point 25t from the street property line to a 2 1/211 height at the street property line. When the rear of a building is placed parallel to and within st of the rear property line said fence shall not be required~ except along the remaining portions of the rear property line which have no building parallel thereto and within st thereof. "lOA. 6~2 ""A solid 6' permanent type screening fence shall also be required along any side lot line which is adjacent to resident• ially zoned property; said fence to extend from the rear property line to a point 10~ from the front property line. u SECTION 3. Any perso~ firm or corporation who shall violate or cause to have violated a:ny provision of this Ordinance as herein adopted shall be guilty of a misdemeanora and upon conviction thereof shall be punishable of a fine not to exce $200. oo. Each day or portion thereof during which said violation is committed or permitted to continue shall constitute a separate and distinctive offense. SECTION 4. The City Secretary--Treasurer shall cause the publication of the descriptive caption of this ordinance once a week for two consecutive weeks in a newspp.per regularly published in the City of Lubboc~ and this ordinance shall become effective ten (10) days after its last publication. AND IT IS SO ORDERED ~~ Passed by the City Council on first reading this 14th day of January ~ 196 • ----- Passed by the City Council on second reading this 28th day of January ~ 196 • ATTEST: