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HomeMy WebLinkAboutOrdinance - 9340-1990 - Amending Chapter 29 Of The Code Of Ordinances Of The City Of Lubbock - 02/22/1990DGV:js First .Reading February 22, 1990 Item 14 Second ReadiRg March 8, 1990 . ·1tem #7 ORDINANCE NO. 9340 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-13(c}(7}, PER• TAINING TO "AM" PERMITTED USES; SECTION 29-26(h}, PERTAINING TO SIGNS PERMIT- TED IN "A-311 DISTRICTS; SECTION 29-26(h}(2}d, PERTAINING TO PERMITTED SIGN USES IN "A-1,11 "A-2,11 "A-3,11 "AM" AND "GO" DISTRICTS; SECTION 29-26(h} (5) AND SECTION 29-26(h}(5}a, PERTAINING TO FREESTANDING SIGNS IN 11A-l,11 "A-2,11 11A-3,11 "AM" AND 11G011 DISTRICTS; ADDING A NEW SECTION 29-26(h}(5}b.7, PER- TAINING TO FREESTANDING SIGNS; DELETING SECTION 29-13(1)(1)1, PERTAINING TO OFF STREET PARKING; PROVIDING A PENALTY; PROVIDING A SAVINGS CIAUSE AND PRO- VIDING FOR PUBLICATION. WHEREAS, the proposed amendments to the Zoning Ordinance as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation, which was received by the City Council, and after due consid- eration the City Council finds that it would be expedient and in the interest of the public health, safety and general welfare to so amend said Zoning Or- dinance; 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 no- tice in compliance with Section 29-29 of the Code of Ordinances of the City of Lubbock, Texas, as well as notices provided by V.C.T.A., Local Government Code, Section 211.007, and notice was duly published in the Lubbock Avalanche -Journal more than fifteen (15} days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice was duly held in the City Council Chamber of the Municipal Building, Lubbock, Texas. at which time persons appeared in support of the proposal; and, after said hearing, it was by the City Council deter- mined that it would be in the public interest that the Zoning Ordinance be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 29-13(c}(7} of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: (7) Offices, general and professional. No retail sales of merchan- dise shall be allowed. SECTION 2. THAT Section 29-26(h} of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: (h} (Signs permitted in 11A-l, 11 "A-2, 11 11A-3," "AM" and 11G0 11 Districts.} The following signs shall be permitted in the "A-1,11 "A-2,11 "A-3,11 "AM" and 11G011 Districts: SECTION 3. THAT Section 29-26(h)(2)d of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: d. All wall signs, except for the information signs, shall identify the development by name and address only. Signs may be back lighted, indirect lighted, internal lighted, or lighted by spots. SECTION 4. THAT Section 29-26(h)(5) of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: (5) Freestanding signs in the "A-1," "A-2," "A-3, 11 "AM" and ''GO" Districts. In the "A-1,11 "A-2,11 11A·3,11 11AM11 and 11GO" Districts freestanding signs shall be permitted subject to the following regulations: SECTION 5. THAT Section 29-26(h)(5)a of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: a. One (1) freestanding sign for each freestanding building, not to exceed one (1) freestanding sign per development lot (except as provided in Section 29-26(h)(5)b.l) shall be permitted in the 11A-l," "A-2,11 "A-3,11 "AM" and 11G011 Districts that have frontage on any street and shall comply with the following: 1. Freestanding signs shall be of a pedestal or monument type with the entire structure built as one (1) unit. Construc- tion materials shall be compatible with other structural forms on the development lot. Elevation drawings shall be submitted for staff review prior to issuance of a building permit, showing construction materials and detail. 2. Area: The area of a freestanding sign shall not exceed an amount equal to 0.40 square feet per front foot of lot, and in no case shall this sign area exceed fifty (50) square feet. 3. Height: For lots with frontage of zero (0) feet to ninety- nine (99) feet, sign height shall not exceed five (5) feet. For lots exceeding ninety-nine (99) feet of lot frontage, the sign heights shall not exceed five (5) feet plus one (1) foot of sign height for each twenty (20) feet of lot frontage. In no case shall sign height exceed ten (10) feet. 4. Setback: Setbacks shall be a minimum of ten (10) feet or one and forty-three hundredths (1.43) feet for each foot of sign height, whichever is greater. 5. The sign shall be placed so that the visibility will not be obstructed from any driveway curb cut, alley return, or driveway-alley combination. -2 - \ SECTION 6. THAT the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding a Section to be numbered 29-26(h)(5)b.7, which Section shall read as follows: 7. Freestanding signs in this Section (29-26(h)(5)) are not required to meet the "Sign, primary identification" definition in Section 29-3(1051.1). SECTION 7. THAT the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by repealing Section 29-13(1)(1)1. SECTION 8. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed One Thousand and No/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance of the City of Lubbock. SECTION 9. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 10. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. Passed by City Council 1990. · Passed by City Council 1990: NTENT: Vandiver, City Attorney on on AND IT IS SO ORDERED. first reading this 22nd day of February second reading this 8th day of March .C. McMINN, MAYOR of Planning -3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R•363 "'----'l"ft-ft1'..--Hitft-r¥-------..... Notary Public in and for Lubbock County, Texas on this day it::u...-...---.....-.-.-c-t-tt-:::---1t-_.....,, ....... ..---tr.t:..~.~.•--ahl _____ ___:of the Southwestern Newspa- pers Corporation, publis .1..1uuiAA anc e-ourn orning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this -...--:-::r.a:-r--=...-.r,,,-:.,..----------------------___________ l_e_i!_e_l ·NA~ tlce at Lubbock County, Texas and the attached print- ed copy of the t-I! 1 1 ttce 82377fi; a true copy ofthe original and was printed in the Lubbock Avalanche-Journllfonl\rie foHowmg dates:---.,Mraa::-::;r""C..,fi...-.1N0~,=---1 .... T--, -1""'9n-9&0------------ Account M1ne1tar LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM 5&-10 oe SI[ TA 'TO" OF u~ 0\/ \ ... OF 0~ !',A Cl TE n N' FC pt P< p; Tl M F< Tl p p T, p OR01NANC£ IIC;t),ID AN O'IOINANCE AMEND-ING CH.APTER 29 QF THE CODE OF ORDINANCES OF THE CITY OF LU&BOCK, TEXAS, ENTI• TLEO "ZONING," BY AMENC>-ING SECTION 29.13tc)(1). PER• T.AINING TO MAM" PERMITTED USES; SECTION 29·26(bl. PER• TAIN ING TO SIGN$ PERMITTED IN "A-3" DISTRICTS; SECTION J9·26111112ld, PERTAINING TO PERMITTED SIGN uses IN .. ,.. 1.-u ,uA,;,2.u '"*A•3,.,. -'AMu AND "GO" OISTRICTS; SECTION 29·26111)' (S) ANO SECTION 29·26(1\l CS}a. PERTAINING TO FREESTANDING SIGNS IN "A• l,0 ""A·2u,••~•~AM"AN0~GO•• DISTRICTS; ADDING A NEW SECTION 29·26!h>Ulb.7. PER· l TAINING TO FREESTANDING t ( ( • L f s I t I, C 1, • C r e ,. I, 'T C T N' B C 5 T C II p ! SIGNS; .DELETING SECTION • t 29-ll(Hllli, PERTAINING TO S C 5 " T C F C C ' t ~ OFF STREET PARKING; PRO· t ,. VIDING A PENALTY: PROVIO-C ,-ING A S.AVINGS CLAUSE ANO < s PROVIDING FOR PU&LIC,-. < 1 ~ TION. \ S ORDINANCE NO: t:Ul : AN ORDINANCE AMEND;• ,f I NG ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCE$ • OF THE CITY OF LU8&0CIC. ' TEXAS, WITH REGARD TO CIV• IC CENTERS; PROVIDING A SAVINGS CLAUSE ANO PROVII). ING FOR PU8LICATION. · llt-lU \ \ \' R•352 THE STATE OF TEXAS COUNTY OF L¥BBOCK Before me ~ranees ffemandez ··. a Notary Public in and for Lubbock County. Texas on this day personally appeared T~. Aufnl I Account Manager of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Nottc:e ·· _____________ No. 823631 at Lubbock County. Texas and the attached print- ed copy of the _ Legal Notice is a true COP. of the original and was printed in th Lubbock i Avalanche-Journal on the followin dates: LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 7th day of _ _....MAIUL.rc ... h...._ __ , t9____IO___ ti0'!"1Q!Qf , PUBUC MEARING tiOTICE: Is l!ef'eb'/ 11IY11n fual the City Councll wm hold .• PIJbllc' Hear!IIII on Tllul'lllay, flllruarv 22. 1990, at S::11) P ,M., In 1h41 City Coon• cu Chambers, 1f25 1:s,11 srreet, Lubbock, 1 .. -••. to COl'ISider the recommendations bY the Planriir,g ,nd ;i:onl119 Con,mtsslon !tie! -· lno be dlanaed on c:erteln o,-,. lies In LVbbOck. Texas. All Inter• '5led Pll"Ons may -•"• then the Cltv C-11 wlll 4ICI on 1uich rec, ommelldallOflll. Tiie lOlklwiml -taMS Wiil lilG heard: , ZONE CASE NO.%~: Rtciunl of R uuell o. $chrc,eeler for ionln11 ' -change Iron, C·2 ll;I C·UNClfic Use , {for• wterl/laT"JI c:1111tc1 on Lot 1, Block ,. Coll-HeltJIII$ Addition ' US03 .1411i Street). ' ZONE CASE NO. 1T$3,,.P. R~I of 11enn·1• Hixon (for llluebonmit Savl11g1 Bank, FSB) for ionlno cflann from C.., Specific use to C-3 and to ellow a 43' 11tback trom •treet pr-rf'I' lllle$ on two lr1c1a out of Lotl 8 ll'ICI C, SeQ!ritv fl•rk l)evelojlm1nt Addition UUJ 8rownfl11ld HlGhwllY), . . HOTICEOP : CITY COUNCIL HEARlt,IG NOTICE Is hentby glwn to Ill In• teresled persons •1 provided· by law, that the Cltv COllftCII 11¥111 hold 8 Public: Hot11rl11.11 on Thuncll!Y, February 22, 1990, at ,Ill.ail p M~ In , the Cltv (oyncll Ch11mbers, 1625 13th Slrttt, l.ubboc;k, Tex111, lo consider the.recommendations of the Planriln; and ZOnln11 Commls, .ion 1h11 the ZQIIIIII Qrdlr,ance 1084 be amended to .,,,.nd led!QM of ' aald Zoning Qrd,n.a-c• n ite• acr)lled below; .,_, at wllldl time aftCI 111aq, all lntA!1'1$ftd Oillt'ICIIII wlH lie ltwft 1111 ~fy lo be ll&ard, alter .itltJI hurillf, Ibo CIIY Council wlll deflrmlne Wbeth, · er the Jontn, Onllnance will o. · ._,.., 1'1·ffl'.'lfflla-~lui:h NCllfflmtlldetroiu . FRA.NCES HERNANDEZ N:A:i,-J ,>t;.t,1:c, ~tJlC ot Teias My Commission Expires 7-6·'31 (IUl Helllht, For Job wlltl franl•' ett of nro teat ltol alne!Nllne 1991 feel, 1l11n llelglll lllall NII -Id five (5) feel. For IOI$ _. ceedlng ll~lne 1'191 ...... el lot frGntaue, the sl11n helghls 1h11tl 1101 •xc•ed five 15) feel, plllll -(1) foot Of ill;n helllhl tor ffeh twentv (20) '"1 ot IOI frontao,,. In no ~se Shall 1r11r, height exetted ten {10) feel. . Uv) Setback: Setbllclis w11 t1e' a tnlnhnurrt Of ten OOl feel or one end lortY•lhrte -.fl11ndredlh$ 11,43) teet lllr eacll loot of 1!1111 he1,111, Whlcht\ler Is 1,.ater. M TIie silln &hall 1»t llloced lio that lfle vl'lll>llltv wlll not be ob-1lructed form 1nv drlvew1v curb cut, 1llev rlltvrn, or .drl- wav-1Hev combination. 29-26(hl(5)b.1.: Add: , 1. Fretttaftdiftll .r,ns In tills NC• ilon (:zt.26-lhH5)) ere not recwlrtd to ..-111e "$illn, primary ldenlltf. e41tlon''delllllllo!I (ff,,J(IO.Sl,t)). R-m