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Home My WebLink AboutOrdinance - 9014-1980 - Amending Zoning Ord To Include Landscaping Restric. In Several Use Zones. - 10/17/1980SMT:pc ORDINANCE NO. 9014 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LUBBOCK TO INCLUDE LANDSCAPING RESTRICTIONS IN SEVERAL USE ZONES; INCLUDING REGULATIONS FOR THE PLACING OF LANDSCAPING IN PARKWAY AREAS; REPEALING 3 ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING A PENALTY. WHEREAS, most use zones in the City of Lubbock require parkway and/or front yard landscaping; and WHEREAS, the need for specific restrictions on landscaping to protect motorist visibility are needed; and WHEREAS, the Zoning and Environmental Control Department of the City of Lubbock is equipped to enforce an ordinance regulating visibility obstructions in parkway areas, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sections 8.13-1, 9.13-1, 11.13-1, 12.13-1-1, 12.13-2- 1, 13.13-1, 14.13-1, 15.13-1, 16.13-1, 17.13-1, 19.14-1, 19A.l5 of the Zoning Ordinance of the City of Lubbock BE and is hereby amended by adding the following: "Any landscaping placed within the visibility triangle of a corner lot must be in compliance with Section 27.2-6-9-2 of this Zoning Ordinance." SECTION 2. THAT Sections 8.13-2, 9.13-2, 11.13-2, 12.13-1-2, 12.13-2-2, 13.13-2, 14.13-2, 15.13~2, 16.13-2, 17.13-2, 19.14-2, 19A.l5, 20.14-1, 21.14-1 of the Zoning Ordinance of the City of Lubbock BE and is hereby amended by adding the following: "Any landscaping placed in the parkway must be in compliance with Section 27.2-6-9-3 of this Zoning Ordinance." SECTION 3. THAT Section 27.2-6-9-3 be added to the Zoning Ordinance of the City of Lubbock to read as follows: "27.2-6-9-3 Parkways. It shall be unlawful to set out, construct, maintain or permit to be maintained, set out or constructed any shrub, plant, sign or structure, or any other view obstruction having a height of greater than two (2) feet, as measured from the top of the curb of the adjacent street, in the parkway area. This prohibition shall not apply to trees within any of the parkway area except that within the visibility triangle which are trimmed so that no branch is less than seven (7) feet above the top of the curb of the adjacent street and which are planted no closer than twenty-five (25) feet apart. Provided, that this ordinance shall not apply to traffic control signs and signals, street signs, or utility poles placed within the parkway. No such tree, shrub or plant shall be allowed to grow in such a manner as 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 4. THAT Section 27.2-6-9-4 be added to the Zoning Ordinance of the City of Lubbock to read as follows: "27.2-6-9-4 Enforcement. It shall be the duty of the zoning and en- vironmental 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 parkway area either within or without the visibility triangle is not corrected within ten (10) day period, the zoning and environmental control administrator is hereby authorized and directed to cause the tree, plant or structure constituting such violation in the parkway area to be trimmed, pruned or removed to eliminate such pro- hibited 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. Any person, firm, or corporation found to be guilty of a violation hereof shall be fined in an amount not to exceed $200, every day of violation to be a separate offense." SECTION 5. THAT Section 2.88a be added to the Zoning Ordinance of the City of Lubbock to read as follows: "2.88a Parkway: Any part of the public right-of-way lying between the curb or grade line of any public street and the abutting private property line." SECTION 6. THAT Ordinance No. 1323, codified as Chapter 28, §§28-10 and 28-11 of the Code of Ordinances BE and the same is hereby repealed in full. SECTION 7. THAT Ordinance No. 4371, codified as Chapter 28, §28-10 of the Code of Ordinances BE and the same is hereby repealed in full. SECTION 8. THAT Ordinance No. 5309, codified as Chapter 18, §§159 through 163 of the Code of Ordinances BE and is hereby repealed in full. SECTION 9. THAT previously issued "Street Parkway Use Permits" shall remain in effect as long as the conditions of the permit, prevention of motor vehicle or pedestrian traffic hazards, are complied with by PERMITEES. SECTION 10. THAT should any section, 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 11. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 12. THAT violation of any provision of this Ordinance shall be a misdemeanor punishable .by a fine of not more than two hundred dollars ($200.00). . . AND IT IS SO ORDERED. Passed by the City Council on first reading this ~~ Passed by the City Council on second reading th BI ATTEST: APPROVED f..S TO CONTENT: -- of Planning APPROVED AS TO FORM: ~J?(~ Susan M. Tom, Assistant City Attorney September, 1980. October , 1980. ~--.. f .. .. .. \ 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 El 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. #9Qlq at Lubbock County, Texas and the attached printed copy of the City Ordinance is a true copy of ~he origin- al and was printed in El Editor on the following dates: October ff)+- l?ffla 1980 /!?~?. ~or Amigo Publications Subscribed and sworn to before me this~z&day of ~~, 1980 Nortary Public · • .. Ordinance No. iiOfi ···:. ~· An Ordinanc:tl . a~Y*lding the ronlng Dtdlnanc6 of•. tfil. City or r LubboCk to . InClude · l!lndsciiPtnv restrictions . in .,.11¥.,,., uae, t<ll:llll , lnelilaino regulations tor the plaptng '·Of tandscaping In PatkW~ al'eiJt; t repelling 3 oi'dlnancei; pi~vlding a ~ aavings clauae; .. provldmg tor 1 p~tblk:ation; an.d providing a penalty. ; Belt Ordained by theCityCo~cilof l1heCity of lubbock: , .· SectiOn 11. That the City Secr~Jta!Y : Ia hereby authoriled . to «;4use ' ·· J)llblicatlon of the descriPtive caption t. m thitl Orcjinance u '" mtemlltlVe . ~ proYided by law, ' .· $ecllo.n 12. That violation o1 anr . : pl'Q.YIIIion of this Ordln~c:eshall J3e a t. ~or punishable by afineo1 \ ac:11 II'IOrO than two hundred doPara '·"~IT IS SO ORDERED Puaed by the City eGI.IIl!lll .,n ftrllt :·reading this .25th day .o1 $ei)tern'*· . . 1980 . . .... ,> P1111Md by the .City .Coui\CII ~n ' ~ ,..wing. thlll tth '~.,· •Of . ,, OctCiber.'·1980. :. . 1 · • i ~ill McAIIster.M8YQI' t·A~:~·~.·-:.·.,;\ ~· .. : . ~ ~·IIJ!vt~Yft Gaffga. City . . ,: Secretary-Treasurer . , · . . APPAOVI:.P AS lO OONTENT: . -~ l/1/Jil'llll 1\l... Bertram, Oireetor of • · ' Planning_ . • l APPROV.ED AS TO FORM: .·~*~Susan u. Tom ,Assistant l.CitJ ~ft2t!HIY .• . .F ... No Text No Text