HomeMy WebLinkAboutOrdinance - 9155-1987 - Amending Zoning Ch Lubbock City Code Newly Annexed Area - 12/10/1987DGV:js
First Reading
December 10, 1987
Item #12
Second Reading
December 17, 1987
Item #1 J.
ORDINANCE NO. 9155
AN ORDINANCE AMENDING THE ZONING CHAPTER OF THE LUBBOCK CITY CODE BY
PROVIDING FOR R-1 PERMITTED USES IN NEWLY ANNEXED AREAS; PROVIDING A PEN-
ALTY; PROVIDING A SAVINGS CLAUSE ANO PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning 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 due to changed conditions, it would be expedient and
in the interest of the public health, safety and general welfare to make
those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amend-
ment to the Zoning Ordinance and Map have been fully complied with, as well
as giving notices in compliance with Section 29-29 of the Code of Ordi-
nances, 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 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 determined that it would be in the public interest, due
to changed conditions, that the Zoning Ordinance and the Zoning Map 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 Subsection 29-6(b)(2) of the Code of Ordinances, City
of Lubbock, Texas is hereby amended to read as follows:
11 (2) All uses existing at the time of annexation except 1 R-l 1
permitted uses shall become nonconforming.
SECTION 2. THAT Section 29-6 of the Code of Ordinances of the City of
Lubbock, Texas is hereby amended by adding thereto a new subsection (c),
which shall read as follows:
11 (c) Permitted Uses. The uses and regulations for this dis-
trict shall be the same as provided in Section 29-7, 'R-1' Single-
Family District and Section 29-30(c) of this Chapter.11
SECTION 3. THAT Subsection 29-30(c)(l) of the Code of Ordinances,
City of Lubbock, Texas is hereby amended to read as follows:
(1) Permits issued by Building Official. In a territory newly an-
nexed to the City of Lubbock, a building permit shall not be is-
sued by the Building Official except for 11 R-l Single Family 11
permitted uses unless and until such territory has been classi-
fied in a zoning district other than the 11T11 District by the
City Council in the manner prescribed by City Codes and a plat
approved by the Planning Commission and recorded in the Lubbock
County Courthouse. For a period of one (1) year after the ef-
fective date of annexation the following exceptions shall apply:
a. When the Building Official determines that the requested
permit for any installation, construction, reconstruction,
modification or alteration of utility service lines is
necessary for the continued health, safety and welfare of
the occupants of an existing structure.
b. When the Building Official determines that the requested
permit for any construction, alteration or modification of
an existing structure is considered minor in nature, in-
cluding repair or replacement of roofing, structural,
plumbing, electrical or mechanical equipment. In no case
shall this exception be construed to allow nonpayment of
any applicable charges, fee or pro-rata to any utility
company or to the City of Lubbock or to allow the expan-
sion of a legal nonconforming use.
SECTION 4. THAT violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed One Thousand and
No/10O Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi-
nance of the City of Lubbock.
SECTION 5. 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 6. 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.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 10th day of December
1987.
Passed by City Council on second reading this 17th day of December
1987.
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THE STATE OF TEXAS
COUNTY OF LUBBOCK R-90
Before me Frances Hernandez a Notary Public in and for Lubbock County. Texas on this day
personally appeared Twi I a Auf 111, ACCOUNT HMIASE:R 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 Les a I Net 1 ce
--------------No. 825499 at Lubbock County. Texas and the attached print-
ed copy of the Lee a I Not 1 ce is a true copy of the original and was printed in the Lubbock
Avalanche-.Journal on the following dates: December 19, 26, 1987
421 Words@ .88 = $370,48
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
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