HomeMy WebLinkAboutOrdinance - 8107-1980 - Ord. Regulating The Conversion Of Servants' Quarters, Garages And Single Family - 11/20/1980lf ,, ... Zl)•J '180 .~ ·-··:"; ,: . !!SHT:bs /2."// -JtffO ORDINANCE NO. 8107
,·•·.··.'·"'• u ( ':t~ .. '"·1 • * ·~ ~~ AN ORDINANCE REGULATING THE CONVERSION OF SERVANTS' QUARTERS, GARAGES AND
,·, : ~ ... ~\~f:b'U 1lSINGLE FAMILY DWELLINGS; PROVIDING FOR APPLICATION FOR SUCH NON-CONFORMING
C'. \ .}. 1·.·
1,usES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR ~~~ PUBLICATION.
,· '
I
WHEREAS, zoning was originally adopted in Lubbock in 1941; and
WHEREAS, many of the then-existing residential neighborhoods were zoned
as single family and two family residential zoning districts; and
WHEREAS, numerous apartment and servants' quarters conversions have
occurred undetected in these neighborhoods; and
WHEREAS, over the past 39 years most property in these neighborhoods have
changed hands many times; and
WHEREAS, under the existing fact situation, stringent enforcement against
such violations would create a physical and economic detriment to said neighbor-
hoods; and
WHEREAS, a continuation of the trend of illegal conversions of servants'
quarters, single family and duplex units is a clear threat to the health,
welfare and safety of the citizens of stable residential areas; and
WHEREAS, all such existing violative uses must be required to meet the
standards of the Building, Housing, Fire, Plumbing and Electrical Codes of the
City of Lubbock, and it is not the intention of the City Council that property
which is granted legal non-conforming status·pursuant to this ordinance be
targeted for-extraordinary enforcement of such codes.
WHEREAS, the limited enforcement capabilities of the City of Lubbock can
be most effectively utilized in the cessation of future violations rather than
the removal of several hundred pre-existing violations; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That Section 27.2-6-10 be added to the Zoning Ordinance of
the City of Lubbock to read as follows:
"27.2-6-10 Apartment Conversions
27.2-6-10-1. All current owners of residences which have been
converted to or built as multi-family residences in single-family or
duplex residential zoning districts and all owners of accessory
buildings which have been converted to apartment use in single-
family or duplex residential zoning districts may make application
for legal non-conforming use status for all such uses existing as of
November 20, 1980, with the Administrator of Zoning and Environmental
Control for the City of Lubbock on or before May 1, 1981.
27.2-6-10-2. Application for non-conforming use status shall contain
the following information:
(a) Address of the subject property.
(b}, Name and Address of the owner of record.
ll
...
(c) The number of living units in the primary residential
structure.
(d) The number of living units in structures detached from the
primary residential structure.
(e) The date of application.
27.2-6-10-3. Upon receipt of the application for non-conforming status
on units converted prior to November 20, 1980, the Administrator of
Zoning and Environmental Control for the City of Lubbock shall certify
the non-conforming status of the unit or units covered in the application
and such certification shall create a conclusive presumption of legal
non-conforming status on the units covered in said application. The
filing of an application which is false as it pertains to any material
matter with the Administrator of Zoning and Environmental Control shall
constitute a violation of this section.
27.2-6-10-4. Such legal non-conforming status shall not affect the
strict, uniform enforcement of all other ordinances designed for the
protection of the health, welfare and safety of the citizens of the City
of Lubbock, including but not limited to the Fire, Building and Housing
Codes. No permits shall be issued for other than that work necessary to
maintain said units in a safe and habitable manner. No permit shall be
issued to expand the floor area or add residential units to said legal
non-conforming uses.
27.2-6-10-5. A change in ownership of the said converted units shall not
affect their legal non-conforming status, however, such status shall be
iost if said units are abandoned for a period of one year or destroyed by
an act of nature or any other means and reoccupation or reconstruction
shall be expressly prohibited."
SECTION 2. THAT Section 25.6-2-12 be added to the Zoning Ordinance of
the City of Lubbock to read as follows:
"25.6-2-12. Permit the certification as a non~conforming use after May
1, 1981 of residences which have been converted to or built as multi-
family residences in single-family or duplex residential zoning districts
or accessory buildings which have been converted to apartment use in
single-family or duplex residential zoning districts prior to November
20, 1980, upon a clear and unambiguous presentation by the current owner
of such unit of evidence establishing its existence in its present form
prior to November 20, 1980."
SECTION 3. THAT violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars
as provided in Section 1-5 of the City Code.
SECTION 4. 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 5. 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 the City Council on first reading this 20thday of
Passed by the City Council on second reading this Jltbday of
&z:&tr
BILL MCALISTER, MAYOR
ATTEST:
-APPROVED AS TO CONTENT:
of Planning
APPROVED AS TO FORM:
Tom, Asst. City Attorney
November , 1980.
December , 1980.
•
The State of Texas
County of Lubbock
Before me, Gilbert Ortiz, a Notary Public in and for Lubbock
County, Texas on this day personally appeared Bidal Aguero of
Amigo Publications, publishers of tl Editor, weekly newspaper,
who being by me duly sworn did depose and say that said news-
paper has been published continuously for more than fifty-two
weeks prior to the first insertion of this City-Ordinance No.
#8107 at Lubbock County, Texas and the attached
printed copy of the City Ordinance is a true copy of the ori~n
al and was printed in El Editor on the following dates: Decem er 12 & 19, l980 ..
~,
Amigo Publications
Subscribed and sworn to before me thisd~day of~Ck~~ 1980
~ll~d-zl!~
Nortary Public
,~ · • ·· • -ordll'!ance wo. 11'1 07 ·
; An Or!!l~~ .. regulating til§
'conversiOn ()f alfl'vldta' quarterf.
'garage 81'!d almgte femi,Y dwellings;
1provldlng lor application lor euch '
[non-conforming uses; providing •
;•penalty; providing. a -~~!lYing clause;
t and providing for ·publication.
i' Be it ordained by the City Council
fOf the City o1 Lubbock: . .
i__ "27.2-6-10Apartmen1Co_ nverslons ·_
,l 27 .2-6-1~1. All c1,1rront owners ,
';of residences which . have been
;eonverted to or built asmultHamlly.
::residences In llingle-fami,Y or duplex
iltWidential zoning distriCts and all ·
;;Owners -of , acC:essory f;lulldings · ·
\Which . have • been converted to
:·apartment l.iae in ilngle-fainily' or
!! duplex residential zoning districts
:.may make.application for legal "on•.
!¥conforming use status tor all auch
il,uses existing as of November 20,
''•1980, with the Administrator of
ltZonlng and Environmental Control
:I lor the City of LubbOck ·on or tiefore
irMay 1, 1981. '< .-•· .: -_. , _. · .• !
;~1 .2-6-1(>-:il. Application lor n!)l'!: ~
;;conforming use atatus shall obtiiill -<
:lhe following informatioo: • :·. . •I(
t, (a) Address ?' ~~~~ ,aubjeci 1 ·,
f'i:'Zamti and Ac:idre5S: \,r the ' PMter~!_r~Cclt'tL -~L·:~'j; ·"•·:· · ... I -· ..1..----J
(c) The',humber of living units ln. ~'nialnt'aln~iiiiduntrs Tn-'ilafe'llt't!l'' r· by a tln6'11ot\o'exceeat'Wi). ooridre:cf ~t~e primary residel'!lial atruciiJre .... ··. . :habitable manner. No permit Shall be • l to-<loll~ as prdYi_d~ in Se(;_ti?~ .'~5-~f __ ~ (d) The number of lhllng units in . 'Issued to expand the floor area or !dhe Ctty COde. ._ · _.. :t· •·· · '· ~ ·. ·•
fstructures '-detached from ,the )add residential units t.o.uid legaf~ \ ~· Section 5. That tl1eCitySe¢retllry:tl
fPrimary residentlalltructure. • -· ·; • i no,..eonforming uses. · · · : '• . I 1 is hereby ·.auth.orized to cause 1 ,. (e) Ttle data of application. ' 27.2-6-10•5. '--A change in·:! t. publicationofthedescriptive~P,ti<m,! j 27.2-6-10..3. Upon receipt of th,e; 'ownership .of the ~aid converted<·! . -1 of thfs Ordinance as tin ahemau~·· ~application _ .for _ .. no,..~t;~formtng .: units ahall not affect the!r legal non: ___ . I methOd provtded by law. '_ • " ·
ratatus on units converted prtot·to l jconforming · itafus. however, such. I · And It Is So Qrdered. •, ·
!November 20, 1'980, the Adniinist~ .. -; +status shall be lost If seld units aro ·: i Pessed by the City COuncil on ftrst
jtor of Zoning. and Environmental '!abandoned for a periOd of one yeer ' · r!!ading_,his,20th day ~f Noy!'p!ber •.
tControlfor the City of Luttbo~k ahall ·; ::or destroyed by an act of nature or ! 1'980. ' ~ ' . .· _ :-; • ~ ,
!certify thl! non-conf~rmirig atatus of_ , :\any other means an.d. reoccupation ,PasseQ. -4lY ~~e . Qty .CouncU on •
!the unit' for units covered ·in the ._?_orreconstructi~_n shaU_be,~xpressty aecond 1'!11dtng this. 1lth day of jappllcation and auch .certification . ~prohibited." '.·<· , . " . . . . . pecember,-1980. . ' -
:.anall create a conclusive ; ~25.6-2-12. Permitthecenitication • _.r . IBJBIII McAlister, Mayor:
;presumption of legal non-j'asanon-conforminguseatterMay1, ·: .'A~~\::-:;,:~ .. ' _ • .. · ·
fconfonriing atatus on the units i;1981 of residences which have been ·. ~s!Evetyn Q'ffga, C•l¥ ~covered In laid ~ppllcation. The' I :Converted to or built as multi-family · 'Secretary-Treasurer: _ --.• ~
!filing of an applicalton wl!ich is fal~e [;residences In sln_gle;family .or dupl8>1 . t Appi'O\'ed as to content: , . ·
'as it pertains to aily'mllterial matter:' ~~-resiiferiifBf--iontnQ distncts or ! Is/Jim Bertram, Director of ,
with the Administrator of Zoning end ~· ; ; accessory buildings which have j· Plannl,ng · . F ,
.Environmental Control. ahall. ~ ~llft():-c:Qnverted to apartment use tn ~Approved a$ to form:
k:onstitute a violation of this ae.Gtion. ·· ; slnolt-f•IJ'IiiY or duplex rl!llct~tial " /a/Su __ s_ an M. T~!f1~ A_sst. City .· .-. ! 27.2-6-1Q-4. Such legal· non-. I zOIIi!lV districts prior to 'NOVIfiilber • '2_.f.ltom_8}'_ __ ,__:_:~:...-...---~:---·:_c__
j!Conforming statuuhallnotaffecttha 1; 20. · ~&80, upon a clear and
•trlct, unilorl'l ·enforcement ~f all , t unambiguous presentation by the . ~,._lher ordioances designed for the current owner of such unit of
protection of the health, welfare and + , evidence establlshing,lts exllltenceJn'
Jafety of the· citizens ·of the City of· ; its present form prior. to November
ubbock, includingbDtnotlimitedto:• , 20, 1980." . ·> ...
the Fire, Building ,and Housing ~ · Section 3. That violation of any
iF<'_des . .No __ P_ ermits.sh_a_u b-e __ issued _for ~--provisions_ oft_ his Ordinance__ ahall be ·; i»_thtt! than _lllal_~ork _n~~!!Y.J£~ k~~lll_~~•"!"JsJ:i~e_J!l_Q_r.J?~'!isl!,.b!~~