HomeMy WebLinkAboutOrdinance - 9045-1987 - Amending Zoning And Motor Vehicle And Traffic Regulating Parking - 02/26/1987/ I i-
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First Reading
February 26, 1987
Agenda Item #19
Second Reading
March.12, 1987
Agenda Item #7
ORDINANCE NO. 9045
AN ORDINANCE AMENDING THE "ZONING" AND "MOTOR VEHICLES ANO TRAFFIC"
CHAPTERS OF THE LUBBOCK CITY CODE, BY REGULATING PARKING IN FRONT YARDS IN
THE R-1, R-2, A-1 AND A-2 ZONES; BY MAKING THE VEHICLE OWNER RESPONSIBLE FOR
ILLEGAL PARKING; AND BY REPEALING SEC. 16-237; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION.
WHEREAS, the subject of the advisability of the regulation of recre-
ational vehicles and equipment is currently being studied by the Planning
and Zoning Commission as a diff~rent issue from that regulated by this Ordi-
nance, due to the different storage factors which may be presented by the
size and configuration differences between recreational vehicles and other
vehicles; and
WHEREAS, the proposed changes, 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 consideration, the City
Council finds that it would be expedient and in the interest of the public
health, morals, and general welfare to make these proposed changes; and
WHEREAS, all conditions precedent required by law for a valid amend-
ment to the Zoning Ordinance have been fully complied with, as well as
giving notices in compliance with Section 29-29 of the Code of Ordinances,
City of Lubbock, Texas, as well as notices provided by Article lOllf,
Vernon's Annotated Civil Statutes, 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 Room of the City Hall, Lubbock, Texas, at which time persons ap-
peared in support of the proposal; and, after said hearing, it was by the
City Council 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 prior to first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 16-244 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read a follows:
"Sec. 16-244. Owner responsible for illegal parking.
It shall be unlawful for any person, having registered in his
name or owning or operating or having in charge any vehicle, to allow,
suffer or permit same to stop, stand, or be parked on any street or
public or private property in the City in violation of any of the
provisions of this Chapter or other Ordinances of the City regulating
the stopping, standing or parking of vehicles."
SECTION 2. THAT Section 16-237 of the Code of Ordinances, City of
Lubbock, Texas BE and is hereby repealed.
SECTION 3. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding sections to be numbered 29-3(29a), 29-3(94a), and
29-3(94b), which said sections read respectively as follows:·
"(29a)
"(94a)
"(94b)
Driveway. Any area on a development lot intended for the
parking of motor vehicles, which said area is one of the
following:
a. Any permanently paved area, surfaced in accordance
with the specifications set out in Sections 24-90
through 24-94 of the Lubbock City Code. Any deci-
sion as to the acceptability of comparable materials
for both existing or proposed paving shall be made
by the Building Official and is appealable to the
Building Board of Appeals. Any paved or gravel
driveway existing on the effective date of this Or-
dinance and deemed not to be of comparable materials
shall have legal nonconforming use status; or
b. If there is no permanently paved area as set out in
subsection a. above, a single area which is unpaved
and immediately perpendicular to a curb cut.
No driveway may be located in the intersection visibility
triangle as defined in Section 29-30(b)(6)i.2. of this
Chapter."
Recreational Vehicle or Equipment. Any travel trailer,
camp trailer, house trailer, mobile home or motor home or
house car, pop up or tent camper; any boat, on or off a
boat trailer; any boat trailer; any race car or parts, on
or off a trailer; any dune buggy, on or off a trailer, any
motorcycle trailer of more than one tier; and any pickup
camper, on or off the pickup (excluding recreational dual
purpose vehicles), except a simple shell, on the pickup,
having no cooking or bath facilities."
Recreational Dual Purpose Vehicle. A pickup with a slide
in camper which has no over-the-cab portion or a van type
vehicle converted for camping use under one ton in rated
capacity and not longer than 22 feet in length, either of
which is used both for camping and incidental transporta-
tion."
SECTION 4. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding subsections to be numbered 29-7(k)(3)c., 29-S(m)
(3)c., 29-9(1)(2)c., and 29-10(1)(2)c., which said subsections shall all
read as follows:
-z -
"c. In areas where there are curbed and guttered streets, all vehi-
cles, excluding recreational vehicles and equipment (as defined
in Sec. 29-3(94a) of this Chapter), shall only be parked on
driveways (as defined in Sec. 29-3~ of this Chapter), paved
off-street parking areas, or shall be parked completely in the
rear yard of said property. (~9~
All vehicles owners shall have one hundred eighty (180) days
from the effective date of this Ordinance No. 9045 to volun-
tarily comply with the provisions of this Ordinance. After
September 28 , 19JlL, all vehicles shall be parked in compli-
ance with the provisions of this Ordinance and all other Ordi-
nances of the City.11
SECTION 5. THAT violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed One Thousand
Dollars ($1,000.00) as provided in Section 29-3l(a) of the Zoning Ordinance
of the City of Lubbock.
SECTION 6. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any rea-
son, the remainder of this Ordinance shall not be affected thereby.
SECTION 7. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 26th· day of February , 1987.
Passed by City Council on second reading this ]2tb day of Marcb , 1987.
ATTEST: -
·s.c. McMINN, MAYOR
APPROVED AS TO FORM:
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R-100
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Jane Ro ark a Notary Public in and for Lubbock County. Texas on this day
personallyappeared Twila Aufill, Account ManaE!er oftheSouthwesternNewspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspapert!1i1eqenNW\li~@d continuously for more
than fifty-two weeks prior to the first illf§r6~g ff this
--------------No. ------at Lubbock County. Texas and the attached print-
ed copy of the Le E! a I Not 1 Ce is a true copy of the original and was printed in the Lubbock
Ava lanche-.Journal on the following dates: H-D-C-C .... h__.1_4.._._, _2_1 ... ,.__.1_9....,..8_7 ____________ _
277 werd&@ B2t -$227.14
Account 'lanaeer
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
~~
/ -. -JANE ROAPK • 1.., . State of Texas
NOTARY PUBL_IC_ir '~!_' ... " t ,2.-, 1990 My eomm1ss1c.., ~· .,., vC . '
Subscribed and s~o~n to before me thii' 2 3 r dday of __ M_a_r_c_h __ ~ 19_!!_
FORM58-10
c,ROINANCE"O,,;.':::oiNG __
ORDJIIIAHC:f -,.-0..-"41 ............ ---r---1 ~~,.i~~~N:.~.~:TF:~~is x:. : ::.:::~rrc,~::.~e..~~ SlDEWAL:~oi PROVIDING
.ANO .T .. E OFFICIAL MAP 01' BOCICNi:.'Jt CURB ANO GUTTER· THE CITY OF LUBBOCit MAK, • .FOR ROS ANO AOOPT-ING ING TliE FOLLOWING STANOA.ED "STANDARD.OE•',
CHANGES: ZONE CASE N0, 1191· ¥flt.:.~ PROVIDING A PENNAGL; ' A;AZONtNGCHANGEFROMR-· ROVIDING A S,AVI "']
,. R•2, A·I AND c-3 To R-1, ~-z !UJse: AND PROVIDING FOR
.ANO .C-3 ZONING AND C·4 ZON-CATION ' -ING, LIMITED TO CERTAIN PUBLI AN.CENO 9044 . OROIN • DING LISTED U$ES ON THE SOUTH· M ROI NANCE AMEN :'WEST QUARTER OF SECTION 9, ~H. AiTER 24, "STREETS AN,!) BLOCK J•S, LUBBOCK, TEXAS; ALICS" OF THE 1-U,.• S1./BJECT TO CONDITIONS: SIDEW ITY co.!)E, PROVIDING PROVIDING A PENALTY; PR().. BO<tACNEW SiOEWAl.,IC 1-0CA·
V!".DING A SAVINGS CLAUSE ;yON OPTION, PROVIDING A
'ANO PROVIDING FOR PU8LICA-PENA.LTV; PROV IOI NG A SAVG•
. TION; .· · INGSCLAUSE;ANOPROVIDIN,
ORDINANCE N0,9041 FOR PUBLICA.TION., ..._.;,
AN ORDINANCE AMENOING. ORDINANCE NA~~.....,ENO.lNG ZONING ORDINANCE NO, 7084 . ORDINANCE m
ANO THE OFFl<;IAL MAP OF ;:ia "ZONING" ANTDR;':i1~~ THE CITY OF LUl:IBOCI( MAK; VEHICLES ANO I( 11NG THE FOLLOWING CHAPTERS0FIHELUB80CG . CHANGES; ZONE CASE NO. 2585; CODE BY REGUI-ATIN
A ZONING .CHANGE FRQM C-3 i ~ZiiKING IN FRONT YARDS 1"! ·TO. C-4 ZONING, LIM'ITED TO E R 1 R•2, A-1 ANO-A·• CERTAIN LISTED USES,.ON TH 5 •evMAKINGTHEVEtll· LOTS 13, 1<1. ANO THE WEST 112 ZO':,_E dwNER RESPONSIBLE
OF LOT 15, BLOCK 131, OVER• ~aR ILI-EGAL PARICl'NGl·AN~ ·TON ADDITION, LUBBOCK, BY REPEALlNG SEC.Vll6;:~S TEXAS; SUBJECT TO CONDI• 'ROVIOING.A SA TIONS; PROVIDING A.PENAL• ~1-AUSE1 PROVIOINGF/lOPRE;c~ TY; PROVIDING A. SAVINGS TY AND PROVIDING .. . CLAUSE AND PROVIOING FOR · t.lCATION, · J'UBLICATION. R·l«I