HomeMy WebLinkAboutOrdinance - 9055-1987 - Amending Chapters 16, 18, And 29 Lubbock City Code Concerning Parking - 03/26/1987II
LJM:js
First Reading
March 26, 1987
Agenda Item #12
Second Reading
April 9, 1987
Agenda. Item #9
ORDINANCE NO. 9055
AN ORDINANCE AMENDING CHAPTERS 16, 18 ANO 29 OF THE LUBBOCK CITY CODE
BY AMENDING DEFINITIONS AND SPECIFIC REQUIREMENTS CONCERNING PARKING, SET-
BACK, LOT COVERAGE, VISION CLEARANCE, LANDSCAPING, SCREENING, SIGNS, PERMITS
ANO STRUCTURE HEIGHT; PROVIDING PENALTIES, PROVIDING A SAVINGS CLAUSE ANO
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes, as hereinafter made have been duly pre-
sented to the Planning and Zoning Commission for its recomendation 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 giv-
ing notices in compliance with Section 29-29 of the Code of Ordinances, City
of Lubbock, Texas, as well as notices provided by Article 1011f, 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 pub-
lic hearing before the City Council on such proposed amendment, and the pub-
lic hearing according to said notice was duly held in the City Council Cham-
bers of the Municipal Building, 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 here-
inafter 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 subsections 29-3(84)b. and 29-3(84)c. of the Code of
Ordinances, City of Lubbock, Texas, are hereby amended to read respectively
as follows:
11 b. Have dimensions for each space of not less than nine (9) feet by
eighteen (18) feet.11
11 c. When off of any alley have dimensions for each space of not less
than nine (9) feet by twenty-four (24) feet.11
SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding sections to be numbered 29-3{103a) and 29-3
(1051.1), which said sections read respectively as follows:
11 (103a) Shopping Center: A group of architecturally unified
commercial establishments built on a site which is planned, developed,
owned, or managed as an operating unit which is related in its loca-
tion, size, and type of shops to the trade area that the unit serves.
The unit provides on-site parking in definite relationship to the
types and total size of the stores.11
11 (1051.1) Sign. primary identification: Any sign identifying
the name of a shopping center or group of comercial buildings. Such
signs shall comit a minimum of fifty percent (50%) of the allowable
area to the primary identification while the remainder may identify
businesses within the shopping center or group of comercial build-
ings.11
SECTION 3. THAT subsection 29-7(f)(4) of the Code of Ordinances, City
of Lubbock, Texas, is hereby amended to read as follows:
11 (4) Tool or storage houses, not to exceed two hundred (200) square
feet in an area or eight (8) feet in height, with no utilities
except electricity, may be erected on the rear and/or side prop-
erty lines, with no minimum setback from those property lines at
any location in the rear yard (as defined in Sec. 29-3(124)).
Any other size of building or location shall be located with a
minimum five (5) foot side setback. No portion of overhang
(roof, cornice, eave or sill) may project past any property
line."
SECTION 4. THAT subsections 29-7(g) and 29-B(g) of the Code of Ordi-
nances, City of Lubbock, Texas, BE and are hereby amended to both read as
follows:
11 (g) Lot width. There shall be no minimum lot width."
SECTION 5. THAT subsections 29-7(1) and 29-B(i) of the Code of Ordi-
nances, City of Lubbock, Texas, are hereby amended to both read as follows:
11 (1) Lot Coverage. The combined area of all buildings shall
not exceed fifty percent (50%); except that unenclosed porches and
permitted accessory buildings may cover an additional five percent
(5%).11
SECTION 6. THAT section 16-240 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
"Sec. 16-240. Parking certain trucks, buses or trailers on certain
streets.
It shall be unlawful for any person owning or having control of
any truck, bus or trailer having a capacity in excess of one and one-
half (lt) of a ton or which is more than eighteen (18) feet in length,
seven (7) feet in width or seven (7) feet in height, to park the same
upon any collector street, as shown upon the master thoroughfare plan
map of the City, or upon any street at a location that is within two
- 2 -
hundred fifty (250) feet of any single-family residence in the City;
provided, however, the provisions of this section shall not be deemed
to prohibit the parking of any such truck, bus or trailer on any col-
lector street or street in a residential af~a for the purpose of the
actual loading and unloading of goods, wares and merchandise when such
vehicle is accompanied by a driver; and provided further, 'loading'
and 'unloading' as used in this section shall be limited to the actual
time necessarily consumed in such operation."
SECTION 7. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding subsections, to be numbered 29-7(f)(5), 29-8(f)(4),
29-9(f)(4), 29-10(f)(4), 29-12(f)(4), 29-13(f)(4), 29-13.l(e)(3), 29-14(f)
(4), 29-15(f)(3), 29-16(f)(3), 29-17(f)(3), 29-18(f)(3), 29-20(f)(3), 29-
21(g)(3), 29-22(f)(3), 29-23(f)(3), 29-23.l(e)(3), 29-23.2(e)(3), and 29-
23.3(e)(3), which said subsections shall all read as follows:
11Projections into required yards.
a. Cornices, eaves, sills, canopies, and chimneys may extend two
(2) feet into any required yard. Bay windows are not permitted
under this section.
b. Unenclosed fire escapes, stairways, and/or balconies, covered or
uncovered, may extend four (4) feet into the required front or
rear yard.11
SECTION 8. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding subsections, to be numbered 29-7(j)(l), 29-8(1)(1),
29-9(k)(l), 29-lO(k)(l), 29-12(k)(l), 29-13(k)(l), 29-13.l(j)(l), 29-14(k)
(1), 29-15(k)(l), 29-16(k)(l), 29-17(k)(l), 29-18(k)(l), 29-20(k)(l), 29-21
(m)(l), 29-22(k)(l), 29-23(k)(l), 29-23.l(j)(l); 29-23.2(j)(l) and 29-23.3
(j)(l), which said subsections shall all read as follows:
11 (1) Structures permitted above height. Penthouse or roof structures
for the housing of elevators, stairways, tanks, ventilating
fans, or similar equipment required to operate and maintain the
building, and fire or parapet walls, skylights, towers, stee-
ples, flagpoles, chimneys, smokestacks, water tanks, silos,
grain elevators, or similar structures may be erected above the
height limits herein prescribed, but no penthouse or roof struc-
ture, or any space above the height limit shall be allowed for
the purpose of providing additional floor space."
SECTION 9. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding subsections to be numbered 29-7(m), 29-8(n), 29-9
(o), 29-lO{o), 29-12(n), 29-13(n), 29-13.l(o), 29-14(n), 29-15(n), 29-16(n),
29-17(n), 29-18{n), 29-20(0), 29-21(v), 29-22(0), 29-23(0), 29-23.l(o), 29-
23.2(p), and 29-23.3(p), which said subsections shall all read as follows:
- 3 -
II I
"Vision clearance.
(1) Front yards. In a required front yard, no wall, fence or other
structure shall be erected in any part of the required front
yard that would be higher than a line extending from a point two
and one-half {2½) feet above the natural ground level at the
front lot line to a point four and one-half (4½) feet above the
natural ground level at the depth of the required front yard.
(2) Corner lots. It shall be unlawful to set out, construct, main-
tain, or permit or cause to be set out, constructed, or main-
tained any tree, shrub, plant, sign, or structure, or any other
view obstruction having a height greater than two (2) feet as
measured from the top of the curb of the adjacent streets within
the intersection visibility triangle. This restriction shall
not apply to traffic control signs and signals, street signs, or
utility poles placed within such area by authority of the City
Council. Intersection visibility triangle shall mean a triangle
sight area, at all intersections, which shall include that por-
tion of public right-of-way and any corner lot within a triangle
formed by a diagonal line extending through points on the two
(2) property lines twenty-five (25) feet from the street corner
intersection of the property lines (or that point of intersec-
tion of the property lines extended) and intersecting the curb-
lines.
(3) Parkways. It shall be unlawful to set out, construct, maintain
or permit to be maintained, set out or constructed any shrub or
plant (excluding trees), sign or structure, or any other view
obstruction having a height of greater than three (3) feet, as
measured from the top of the curb of the adjacent street, in the
parkway area. All trees with a trunk diameter greater than two
(2) inches measured three (3) feet above ground level that are
within any of the parkway area shall be trimmed so that no fo-
liage is less than six (6) feet above the top of the curb of the
adjacent street. No evergreen or coniferous species of tree
shall be allowed in the parkway.
This section shall not apply to traffic control signs and sig-
nals, street signs, mail boxes which are less than two (2) feet
long on each side which is perpendicular to the street, or util-
ity poles placed within the parkway. No such tree, shrub or
plant, sign or structure (including mailboxes) shall be allowed
to interfere with the free passage of vehicles on the street or
of pedestrians on the sidewalk or to obscure the view of motor
vehicle operators of any traffic control device or street sign
or otherwise create a traffic hazard.11
SECTION 10. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding subsections, to be numbered 29-9(m){3) and {4), 29-
- 4 -
10(m)(3) and (4), 29-12(m)(3) and (4), and 29-14(m)(3) and (4), which said
subsections shall all read respectively as follows:
"(3) All landscaped areas on the development tract and adjacent park-
way shall have immediate availability of water (i.e, a water
faucet) or an irrigation system, either system to be capable of
sustaining plant materials. Irrigation systems shall meet ac-
ceptable industry standards. Parkway irrigation systems adja-
cent to public streets shall not spray onto adjacent streets or
gutters.
(4) When seasonal conditions warrant, the Building Official may is-
sue a temporary Certificate of Occupancy for sixty (60), ninety
(90), or one hundred and twenty (120) days pending completion of
landscaping. No final Certificate of Occupancy shall be issued
prior to completion of landscape requirements."
SECTION 11. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding subsections, to be numbered by 29-13(m)(l)c. and d.
and 29-13(m)(2)c. and d., which said subsections shall all read respectively
as follows:
11 c. All landscaped areas on the development tract and adjacent park-
way shall have immediate availability of water (i.e, a water
faucet) or an irrigation system, either system to be capable of
sustaining plant materials. Irrigation systems shall meet ac-
ceptable industry standards. Parkway irrigation systems adja-
cent to public streets shall not spray onto adjacent streets or
gutters.
d. When seasonal conditions warrant, the Building Official may is-
sue a temporary Certificate of Occupancy for sixty (60), ninety
(90), or one hundred and twenty (120) days pending completion of
landscaping. No final Certificate of Occupancy shall be issued
prior to completion of landscape requirements.11
SECTION 12. THAT Section 29-13.l(n) of the Code of Ordinances, City
of Lubbock, Texas is hereby amended by amending subsection (3) of that sec-
tion to read as follows, and by adding a subsection to be numbered (4), to
said section, to read as follows:
11 (3) All landscaped areas on the development tract and adjacent park-
way shall have immediate availability of water (i.e, a water
faucet) or an irrigation system, either system to be capable of
sustaining plant materials. Irrigation systems shall meet ac-
ceptable industry standards. Parkway irrigation systems adja-
cent to public streets shall not spray onto adjacent streets or
gutters.
(4) When seasonal conditions warrant, the Building Official may is-
sue a temporary Certificate of Occupancy for sixty (60), ninety
- 5 -
(90), or one hundred and twenty (120) days pending completion of
landscaping. No final Certificate of Occupancy shall be issued
prior to completion of landscape requirements.11
SECTION 13. THAT sections 29-lS(m), 29-16(m), 29-17(m), 29-18(m), and
29-20(n) of the Code of Ordinances, City of Lubbock, Texas, are hereby
amended to all read as follows:
"Landscaping requirements.
(1) Five percent (5%) of the total development lot area shall be
landscaped and permanently maintained. A minimum of three-
quarters (3/4) of the required landscaping shall be located be-
tween the buildings lines and the adjacent street(s). Remaining
landscaped area may be located to the sides of buildings, but
shall be visible from adjacent street(s). Interior courtyards
shall not be included in the required landscaping. Any land-
scaping placed within the visibility triangle of a corner lot
must be in compliance with Section 29-39(b)(6)i.2. of the Zoning
Ordinance.
(2) The parkway areas shall be landscaped and permanently main-
tained. This shall be in addition to the landscaping required
above. Any landscaping placed in the parkway must be in compli-
ance with Section 29-30(b)(6)i.3. of the Zoning Ordinance.
(3) All landscaped areas on the development tract and adjacent park-
way shall have immediate availability of water (i.e, a water
faucet) or an irrigation system, either system to be capable of
sustaining plant materials. Irrigation systems shall meet ac-
ceptable industry standards. Parkway irrigation systems adja-
cent to public streets shall not spray onto adjacent streets or
gutters.
(4) When seasonal conditions warrant, the Building Official may is-
sue a temporary Certificate of Occupancy for sixty (60), ninety
(90), or one hundred and twenty (120) days pending completion of
landscaping. No final Certificate of Occupancy shall be issued
prior to completion of landscape requirements."
SECTION 14. THAT Section 29-21(0) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
11 (0) Landscaping requirements.
(1) Lots adjacent to major thoroughfares or expressways shall each
have five percent (5%) of their respective total development lot
area landscaped and permanently maintained. Other lots shall
each have three percent (3%) of their respective total develop-
ment lot area landscaped and permanently maintained. The total
required landscaping shall be located between the building line
- 6 -
I .
'
and adjacent streets. Any landscaping placed within the visi-
bility triangle of a corner lot must be in compliance with Sec-
tion 29-30(b)(6)i.2. of this Zoning Ordinance.
(2) The parkway area shall be landscaped and permanently maintained
or a six (6) foot, curb back sidewalk shall be installed. This
shall be in addition to the landscaping required above. Any
landscaping placed in the parkway must be in compliance with
Section 29-30(b)(6)i.3. of this Zoning Ordinance.
(3) All landscaped areas on the development tract and adjacent park-
way shall have immediate availability of water (i.e, a water
faucet) or an irrigation system, either system to be capable of
sustaining plant materials. Irrigation systems shall meet ac-
ceptable industry standards. Parkway irrigation systems adja-
cent to public streets shall not spray onto adjacent streets or
gutters.
(4) When seasonal conditions warrant, the Building Official may is-
sue a temporary Certificate of Occupancy for sixty (60), ninety
(90), or one hundred and twenty (120) days pending completion of
landscaping. No final Certificate of Occupancy shall be issued
prior to completion of landscape requirements."
SECTION 15. THAT Sections 29-22(n) and 29-23(n) of the Code of Ordi-
nances, City of Lubbock, Texas, are hereby amended to both read as follows:
11 (n) landscaping requirements.
(1) The parkway area shall be landscaped and permanently maintained
or a six (6) foot, curb back sidewalk shall be installed. Any
landscaping placed in the parkway must be in compliance with
Section 29-30(b)(6)i.3. of the Zoning Ordinance.
(2) All landscaped areas on the development tract and adjacent park-
way shall have immediate availability of water (i.e, a water
faucet) or an irrigation system, either system to be capable of
sustaining plant materials. Irrigation systems shall meet ac-
ceptable industry standards. Parkway irrigation systems adja-
cent to public streets shall not spray onto adjacent streets or
gutters.
(3) When seasonal conditions warrant, the Building Official may is-
sue a temporary Certificate of Occupancy for sixty (60), ninety
(90), or one hundred and twenty (120) days pending completion of
landscaping. No final Certificate of Occupancy shall be issued
prior to completion of landscape requirements.11
SECTION 16. THAT subsections 29-23.l(n)(B)c., 29-23.2(o)(8)c., and
29-23.3(o)(8)c. of the Code of Ordinances, City of Lubbock, Texas, are
hereby amended to all read as follows:
- 7 -
11 c. All landscaped areas on the development tract and adjacent park-
way shall have immediate availability of water (i.e, a water
faucet) or an irrigation system, either system to be capable of
sustaining plant materials. Irrigation systems shall meet ac-
ceptable industry standards. Parkway irrigation systems adja-
cent to public streets shall not spray onto adjacent streets or
gutters."
SECTION 17. THAT subsection 29-13(f)(3) of the Code of Ordinances,
City of Lubbock, Texas, is hereby amended to read as follows:
11 (3) Side yard. There shall be a minimum side yard of five (5) feet
on each side of any one or two-story structure, or twenty (20)
feet on each side of any new structure with more than two (2)
stories. When proposed development is adjacent to any 'R-1' or
'R-2' District, the minimum side yard shall be one (1) foot for
each one (1) foot of total height."
SECTION 18. THAT subsections 29-13(b)(l), 29-15(b)(5), 29-16(b)(5),
29-17(b)(5), 29-18(b)(5), 29-20(b)(6), 29-21(b)(4), 29-23.l(b)(S), 29-23.2
(b)(4) and 29.23.3(b)(4) of the Code of Ordinances, City of Lubbock, Texas
are hereby amended to all read as follows:
11 When proposed development in this district is adjacent to any resi-
dentially zoned district, on either side or to the rear, even if sepa-
rated by a street or alley, a six (6) foot solid screening fence of
wood or masonry construction shall be installed and permanently main-
tained on the development lot along the adjacent property line, except
that when, in the opinion of the Planning Commission, all or portions
of such fence does not serve the public interest, this provision shall
not apply. A solid wall of a building, when permitted to be located
on the property line, shall constitute adequate screening."
SECTION 19. THAT the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding a subsection, to be numbered 29-14{b){4), which
said subsection reads as follows:
11 (4) When proposed development in this district is adjacent to any
residentially zoned district, on either side or to the rear,
even if separated by a street or alley, a six (6) foot solid
screening fence of wood or masonry construction shall be in-
stalled and permanently maintained on the development lot along
the adjacent property line, except that when, in the opinion of
the Planning Commission, all or portions of such fence does not
serve the public interest, this provision shall not apply. A
solid wall of a building, when permitted to be located on the
property line, shall constitute adequate screening."
SECTION 20. THAT subsections 29-22(b)(5) and 29-23(b)(4) of the Code
of Ordinances, City of Lubbock, Texas, are both hereby amended to read as
follows:
- 8 -
"When proposed development in this district is adjacent to any resi-
dentially zoned district, on either side or to the rear, even if sepa-
rated by a street or alley, a six (6) foot solid screening fence of
wood or masonry construction shall be installed and permanently main-
tained on the development lot along the adjacent property line, except
that when, 1n the opinion of the Planning Commission, all or portions
of such fence does not serve the public interest, this provision shall
not apply. A solid wall of a building, when permitted to be located
on the property line, shall constitute adequate screening. When the
proposed development fronts into residentially zoned property, all
outside storage and/or display areas shall be screened along the
fronting property line by a six (6) foot solid wood or masonry screen-
ing fence. Said screening fence shall be permanently maintained.11
SECTION 21. THAT Sections 29-16(l)(l)n., 29-17(1)(1)g., 29-18(1)
(l)i., and 29-20{m)(l)o. of the Code of Ordinances, City of Lubbock, Texas,
1 are hereby amended to all read as follows:
11All permitted uses not listed above:
1. For free standing buildings or shopping centers with less than
55,000 square feet of gross floor area -one parking space for
each one hundred seventy-five (175) square feet of gross floor
area.
2. For free standing buildings or shopping centers with 55,000 to
75,000 square feet of gross floor area -based on the formula
'1/n = 175 + 25 (a -55,000 + 20,000),' where '!l!l' equals the
parking ratio and 'a' equals the gross floor area of the build-
ing(s). -
3. For free standing buildings or shopping centers with more than
75,000 or less than 250,000 square feet of gross floor area -
one parking space for each two hundred (200) square feet of
gross floor area.
4. For shopping centers with 250,000 square feet of gross floor
area or more -one parking space for each two hundred (200)
square feet of gross leasable area."
SECTION 22. THAT subsection 29-26(c)(4) of the Code of Ordinances,
City of Lubbock, Texas, is hereby amended to read as follows:
11 (4) Banners, pennants, searchlights, twirling signs, sandwich or 'A'
frame signs, sidewalk or curb signs, balloons, or other gas
filled objects. (Except banners, pennants, and searchlights may
be permitted for a period not to exceed sixteen (16) days for
grand openings. Permits for grand openings shall be obtained
from the Zoning Administrator)."
- 9 -
SECTION 23. THAT subsection 29-26(e)(l) of the Code of Ordinances,
City of Lubbock, Texas, is hereby amended to read as follows:
11 (1) No person shall park an advertising vehicle or trailer on a pub-
lic right-of-way or on public property. Any such vehicle parked
on private property, visible from the public right-of-way, shall
be used on a regular basis within each business week as a means
of transportation for the business that is advertised.11
SECTION 24. THAT subsection 29-26(g)(2) of the Code of Ordinances,
City of Lubbock, Texas, is hereby amended to read as follows:
11 (2) One unlighted sign, not exceeding four (4) square feet in area,
on each development lot pertaining to the prospective sale or
rental of the property on which it is located. On each develop-
ment lot where newly constructed residences are being advertised
for sale or rent, one (1) additional unlighted sign not exceed-
ing four (4) square feet in area indicating builder, contractor
or other construction/development information may be displayed."
SECTION 25. THAT subsection 29-26(i)(7)a.1. of the Code of Ordi-
nances, City of Lubbock, Texas, is hereby amended to read as follows:
11 1. 1 CA,1 'C-1,' c-2A,1 •c-2,1 'C-3,' 'C-4,' 1 IDP,1 1M-l,1 'M-2,1
1 IH0,1 1 IHC,1 and 1 IHI 1 Districts with frontage on a thorough-
fare.11
SECTION 26. THAT subsection 29-26(i)(7)a.2. of the Code of Ordi-
nances, City of Lubbock, Texas, is hereby amended to read as follows:
112. 'CA,' •c-1,1 C-2A,1 'C-2,' 'C-3,' 'C-4,' 1 IOP,' 'M-1,' 'M-2,'
1 IH0,1 'IHC,' and 1 IHI 1 Districts with frontage on expressway
right-of-way."
SECTION 27. THAT Section 29-26(k) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
11 (K) Temporary construction site and for-sale and rental signs.
(1) For-sale signs, rental signs or temporary construction
site signs not exceeding one hundred (100) square feet in
area and ten (10) feet in height may be placed at a devel-
opment site, on property of one (1) acre or more during
construction.
(2) One for-sale or rental sign, not exceeding thirty-two (32)
square feet in area and ten (10) feet in height, may be
placed on a comercial tract. Any such sign must be main-
tained and kept in good repair, or it must be removed.
The sign must be removed when the property is no longer
for sale or rent."
-10 -
SECTION 28. THAT subsection 29-30(b)(3)a. of the Code of Ordinances,
City of Lubbock, Texas, is hereby amended to read as follows:
"a. Required.
1. No person, firm, corporation or association shall use or
occupy any building, premises or structure within the City
of Lubbock as the holder of a mixed alcoholic beverage
permit without obtaining and maintaining a zoning certi-
ficate issued by the zoning administrator of the City of
Lubbock.
2. No person, firm, corporation or association shall use or
occupy any building, premises or structure within the City
of Lubbock as a dance hall, without alcoholic beverage
sales, without obtaining and maintaining a zoning certi-
ficate issued by the zoning administrator of the City of
Lubbock. The only fee which shall be charged for this
certificate will be an inspection fee as set out in the
fee schedules of the City of Lubbock."
SECTION 29. THAT subsection 29-30(b)(6)c. of the Code of Ordinances,
City of Lubbock, Texas, is hereby amended to read as follows:
11c. Height, structures permitted above height. Penthouse or roof
structures for the housing of elevators, stairways, tanks, ven-
tilating fans, or similar equipment required to operate and
maintain the building, and fire or parapet walls, skylights,
towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected
above the height limits herein prescribed, but no penthouse or
roof structure, or any space above the height limit shall be
allowed for the purpose of providing additional floor space.11
SECTION 30. THAT subsection 29-30(b)(6)i.3. of the Code of Ordi-
nances, City of Lubbock, Texas, is hereby amended to read as follows:
113. Parkways. It shall be unlawful to set out, construct, maintain
or permit to be maintained, set out or constructed any shrub or
plant {excluding trees), sign or structure, or any other view
obstruction having a height of greater than three (3) feet, as
measured from the top of the curb of the adjacent street, in the
parkway area. All trees with a trunk diameter greater than two
(2) inches measured three (3) feet above ground level that are
within any of the parkway area shall be trimmed so that no fo-
liage is less than six (6) feet above the top of the curb of the
adjacent street. No evergreen or coniferous species of tree
shall be allowed in the parkway.
This section shall not apply to traffic control signs and sig-
nals, street signs, mail boxes which are less than two (2) feet
-11 -
l
11 l long on each side which is perpendicular to the street, or util-
ity poles placed within the parkway. No such tree, shrub or
plant, sign or structure {including mailboxes) shall be allowed
to interfere with the free passage of vehicles on the street or
of pedestrians on the sidewalk or to obscure the view of motor
vehicle operators of any traffic control device or street sign
or otherwise create a traffic hazard."
SECTION 31. THAT subsection 29-30(b){6)i.4. of the Code of Ordi-
nances, City of Lubbock, Texas, is hereby amended to read as follows:
114. Enforcement. It shall be the duty of the zoning and environmen-
tal control administrator to cause written notice to be served
upon the owner or occupant of any property upon which any of the
above violations exist or upon any owner or occupant of any
property which abuts any parkway area upon which any of the
above violations exist to correct such violation within ten (10)
days after service of such notice. If such violation in a park-
way area either within or without the visibility triangle is not
corrected within the ten (10) day period, the zoning and envi-
ronmental control administrator is hereby authorized and di-
rected to cause the tree, plant or structure constituting such
violation in the parkway area to be trimmed, pruned or removed
to eliminate such prohibited condition, with the cost of such
trimming, pruning or removal to be assessed against the abutting
property owner. This authority shall be in addition to any
other remedy provided by law.11
SECTION 32. THAT Section 18-10 of the Code of Ordinances, City of
Lubbock, Texas, BE and is hereby repealed.
SECTION 33. THAT violation of any provisions of Section 6 of this
Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed
Two Hundred and No/100 Dollars ($200.00) as provided in Section 1-4 of the
Lubbock City Code.
SECTION 34. THAT violation of any provisions of the remainder 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 29-3l{a)
of the Zoning Ordinance of the City of Lubbock.
SECTION 35. 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.
-12 -
SECTION 36. 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 March
Passed by City Council on second reading this 9th day of Aprjl
ATTEST:
APPROVED AS TO FORM:
Laura J. Monro Assistant City
Attorney
... B. C. Mc INN,
-13 -
, 1987.
, 1987 •
THE STATE OF TEXAS
COUNTY OF LUBBOCK
R-117
Before me Jane Roark a Notary Public in and for Lubbock County. Texas on this day
personallyappeared Twila Aufill, .6.ccount Manauur oftheSouthwesternNewspa-
pers Corporation. publishers of the Lubbock Avalanche-.Iournal -'-Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said ne't"Bi'ff '¥3s ¥~nJ>ublished continuously for more
than firty-two weeks prior to the first insertion of this __ a __ ~o ___ c ____________ _
_____________ No. 757474 at Lubbock County. Texas and the attached print•
ed copy of the Lu!a I Notice is a true copy of the original and was printed in the Lubbock
Avalanche-.Journal on the following dates: AP ri I 11, 18, 1987
263 words@ B2t -$232.06
Acceunt Mana£!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this ...2D.ibday of Ap Ci I
FOR.\158-10
·NOIICQ ..
Na#fOSt '·• A.NH .,.._1,NDlfiO
lNA'JCI IIIQ. 108'
QfFIC:IAI, N,J.P.. .Of •. 01' LUHl!ICK MAK• )ING fJ-11$ ,FOLi.OWi.NG
CHANGE&: ZONl!CASE NO. ~4· 1:1t~~~l~iWi':~Gi:t~t.
'. LOCK •. !L· (ORONA&~ AODh TIOtt, LUl$CICK, Tl;IU.$:, PRO. , 'VIOING 1 PINAL.TY: PROVIQ-,
ING A $AV1fif~$ CLAU$1l &NQ i PROVIOING FOR PV!!LICA, TION. ·•.:' . · '· · .. · , .
. -'.c)IIDl!IANClll #ffn , ' AN Oltr>INANCI< l!.l'J.l!NOING tONING O!U)INANCII' NO, :,c94 AND THE OFFICIAL MAP.OF THl:i tlT'I' QF LUe&OCK AAA.K•
ING.~HE FO~LOWINO CHANGE$1 JONE CAS,E NO, 2543-·
A; A lOI\IING CtlANG!i! FROM I!· I SPECIFIC USE, RUIOENTIAL
E. $TATE$; TO .IM SP&;;C,FIC. U$1! · Plll!Mlt FOlt RIDING StABLi:S''
ON LOtS lO AND U, COLDNiAt.' .HEIGHT$ ION,.L\IBB«K, TJXAS: CT 'tO (;()NOi• .TIONl: VIQfNi) A PUIAI,.,
TY; PIIOVll)I.RG A SAVlttGS
CLAUSE ANO PRIWIQINO F()R
PUB~l(;A.TION ........ ,, ,
rH~
NOTARY PUBLIC in and For The State of Texas
My Commission Expires Oct. 24, 1990
. 19-.aL