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HomeMy WebLinkAboutOrdinance - 4847-1965 - Amending Zoning Ordinance No. 1695 Section 20.4 Amending Subsection 20.4-1 - 10/28/1965'BDS:bw ORDINANCE NO., 4847 ------------------ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 SECTION 20. 4~ BY AMENDING SUBSECTION 20. 4 ... 1 TO PROVIDE FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL UPON FAVORABLE RECOMMENDA ... TION OR UNFAVORABLE RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION., IN CASE OF AN UNFAVORABLE RECOMMENDATION IF AN APPEAL lS FILED WITHIN THffiTY (30) DAYS AF-TER THE PLANNING AND ZONING COMMISSION DEC:ISION; BY AMENDING SUBSECTION 20. 4 ... 2 TO PROVIDE THAT THE PLANNING AND ZONING COMMISSION CAN RECOM~ MEND A CHANGE IN ZONING WHICH MAY OR MAY NOT CONTAIN RECOMME ATIONS AS TO REQUffiEMENTS AS PROVIDED BY SUBSECTION 20. 3502 ... 3; PROVIDING A SAVINGS CLAUSE; ORDERING THE PUBLICATION OF A DES .. CRIPTIVE CAPTION., AND DECLARING AN EFFECTIVE DATE.· WHEREAS., the Planning and Zoning Commission at the request of the City Council considered and made its recommendations for amending Zoning Ordinance No. 1695,. Section 20.4 by amending Subsections 20. 4 ... 1, 20. t 2 and 20. 4 ... 4; and, WHEREAS., the City Council finds that it would be in the interest of pro ... tecting the public health, safety, and general welfare to amend Zoning Ordinance No. 1695 .. Section 20. 4, in the following manner; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Subsection 20. 4 ... 1 of Ordinance No. 1695 be amended tor1ead as follows: Sec. 20. 4 ... 1. "A public hearing shall be held by the City Council before adoption of any amendment~ supplement or change, at which hearing parties in interest and other citizens shall have an opportunity to be heard. The City Secretary shall set such hearing as hereafter provided upon receipt of the recommendation of the Planning and Zoning Commission or notice of the filing of an appeal to the Council from an unfavorable recommendation of the Planning and Zoning Commission. The appli ... cant may perfect an appeal to the City Council by filing written notice of appeal with the Secretary of the Planning and Zoning Commission. Such notice must be filed within thirty (30) days after date of the determination by the Planning and Zoning Commission to recommend against any proposed amendment .. supplement or change and the Secretary of the Planning and Zoning Commission shall there ... upon notify the City Secretary of the filing thereof and furnish such information as may be necessary to carry out the City Secretaryts responsibilities hereunder. ... A notice of tb.e.:.time and place of such hearing shall be publishecl ' once in a news ... paper of general circulation in the City of Lubbock at least fifteen (15} days prior to the hearing. The City Secretary is hereby authorized and directed to publish such notices on forms prepared by the City Attorneyts Office and set the date for hearing before the City Council. at the earliest practical time, consistent with the time necessary for giv1ng such notices as provided by law. 11 SECTION 2. THAT Subsection 20. 4 ... 2 of Ordinance No. 1695 be amended to read as follows: "When the Planning and Zoning Commission has recommended a change in zoning which may or may not contain:recommendations as to require ... ments as provided by subsection 20. 3-2 ... 3, the City Council may at its discretion accept, reject or make other or additional requirements~ and any such requirements shall become a part of the ordinance chang ... ing-the zoning classification of such property; such requirements shall be considered as an amendment to the Zoning Ordinance as applicable to such property. Such requirements shall not be considered conditions precedent to the granting of the change in zoning or the granting of building permits on such propertyl' but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance, and such requirements shall be complied with before a certificate of occupancy and compliance may be issued by the Building Inspector for the us:e or occupancy of the building., land or structure on such property. u SECTION 3. If any section, subsectionl' sentence, clausel' phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate" severable and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 4. The City Secretary is hereby authorized to 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 the date of last publication. AND IT IS SO ORDERED Passed by the Council on first rea ding this 28th day of October 1 19 65. Passed by the Council on second reading this 11th day of November ~ 1965 MAYOR MAX TIDMORE ATTEST: FORM APPROVED: