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HomeMy WebLinkAboutOrdinance - 8882-1986 - Ordinance 8882 Amending Chapter 29 By Adding To Sect. 29-3 A; Comparable Use. - 02/03/1986JPB:js First Reading January 9, 1986 Agenda Item #19 Second Reading January 23, 1986 Agenda Item #16 ORDINANCE NO. 8882 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING", BY ADDING TO SECTION 29-3 A DEFINITION FOR "COMPARABLE USE"; AND BY ADDING A NEW SECTION WHICH WILL PROVIDE CONTROLS UPON SIGNS IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, TEX.REV.CIV.STAT.ANN. art. 1015o-1 now provides that any municipality may extend the provisions of its sign regulatory ordinance and enforce such ordinance within its area of extraterritorial jurisdiction; and WHEREAS, the City Council of the City of Lubbock wishes to so extend its sign controls; and WHEREAS, the provisions of TEX.REV.CIV.STAT.ANN. art. 1015o provide that in areas of a city's extraterritorial jurisdiction a sign's entire useful life and a sign's physical life appear to be substantially the same, in contrast to signs inside the city limits, thereby reasonably justifying no provision for amortization of such extraterritorial signs; and WHEREAS, the proposed amendment to the Zoning Ordinance as hereinafter made has been duly presented to the Planning and Zoning Commission for ita recommendation which was received by the City Council and, after due con- sideration, the City Council finds that it would be expedient and in the interest of the public health, morals, and general welfare to so amend said Zoning Ordinance; and WHEREAS, all conditions precedent required by law for a valid amend- ment to the Zoning Ordinance had been fully complied with, as well as the publication of notice in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas and Article 1011d, Vernon's Annotated Civil Statutes, and such 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, City Hall, 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, 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 the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a subsection, to be numbered 29-3(26a), which said subsection reads as follows: "(26a) Comparable use: An area of use in the extraterritorial jurisdiction of the City (as defined by TEX.REV.CIV.STAT.ANN. art. 970a) which contains uses that are the same or similar in comparison with a specific zoning district inside the city limits and which can be likened to said zoning district's permitted uses." SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 29-26.1, which said section reads as follows: "Sec. 29-26.1. Signs in the Extraterritorial Jurisdiction of the City. (a) General Provisions. (1) In accordance with the prov1s1ons of TEX.REV.CIV.STAT.ANN. art. 1015o-2, the sign and billboard provisions of this Chapter 29 are hereby extended to apply and control within the extraterritorial jurisdiction of the City of Lubbock. (2) The extraterritorial jurisdiction of the City of Lubbock is that as defined in TEX.REV.CIV.STAT.ANN. art. 970a, and specifically thereby includes all areas lying outside the corporate limits of the City of Lubbock, but within five (5) miles thereof. Annexations extending the corporate limits shall, without further action, automatically extend such extraterritorial jurisdiction area so that it will become subject to the provisions of this section. (3) The requirements for signs and billboards for each district within the City shall hereby apply to each area of use of property within the extraterritorial jurisdiction, when said extraterritorial jurisdiction use is determined to be com- parable to a use allowed by any district within the corpo- rate limits. When a use within the extraterritorial juris- diction is determined to be comparable to a use allowed in a specifically zoned district within the City, then the same sign and billboard requirements as govern that specific district shall be applicable to the extraterritorial jurisdiction area determined to be comparable to that specifically zoned district. (4) The comparable use area within the extraterritorial juris- diction shall only include the area actually being utilized in the activities of the comparable use, and such area immediately adjacent thereto as reasonably necessary to that use. -2- (5) All areas within the extraterritorial jurisdiction, inclu- sive of vacant property, shall be deemed comparable to an R-1 residential district until an application for comparable use determination is filed and determined, or, until the area is actually annexed. (b) Determination as to comparable use. (1) Applications for a determination as to comparable use shall be filed with the Codes Administrator of the City of lubbock. (2) Applications for a determination as to comparable use shall be upon forms provided by the City of Lubbock, but such applications must reflect the following information: a. The names of all owners, lessees or any other person, firm or corporation claiming any interest in the area sought to be defined as a comparable use area. b. If the applicant is other than the fee simple owner as reflected by the Deed Records of lubbock County, then instruments reflecting his authority to file such application shall be furnished. c. All information required by the application form provided by City. (3) When an application is received by the Codes Administrator, a date for an administrative hearing upon same shall be set and notice of such hearing and the time and place thereof given to the applicant (4) Upon such administrative hearing the Codes Administrator shall consider the contents of the application and any other evidence or testimony presented bearing upon the comparable use issue from anyone present. All parties before testifying shall be sworn. The applicant, or any other interested party may appear in person or by attorney or other agent or representative. Any person giving testimony shall be subject to cross-examination by any other person present. The Codes Administrator shall be entitled to ask any request or require the presentation of any other document, instru- ment or information that would aid in his decision. The hearing may be continued from time to time by the Codes Administrator to allow for the presentation of such addi- tional evidence, if any, he may feel necessary to his decision, but there shall not be more than two continuances -3- and continuances shall not extend the period of considera- tion beyond the 25th day after the date the administrative hearing was first scheduled. (5) In all cases, on or before the 25th day following the date of the first hearing, the Codes Administrator shall render his decision as to the comparable use of the property subject to the application. (6) Any party aggrieved by such decision may appeal such decision to the ZBA in the manner provided by Section 29-28 and TEX.REV. CIV.STAT. art. 1011g. If the Appellant is the Appellant, he may also seek alternatively a variance from the provisions of this Chapter in the time and manner provided by Sec. 29-28 at TEX.REV.CIV.STAT. art. 1011g, but for purposes of this section, any appeal or variance must be filed within ten (10) days of the administrator's decision or such decision shall be considered final. (7) Once the decision of the Codes Administrator is final for lack of appeal, or if appealed to the ZBA, the decision of that body becomes final, then, after securing permit here- inafter required, the sign or billboard may be constructed, as allowed by the final order or decision. (c) Construction. (1) Signs or billboards allowed by a final order or decision, after permit secured, shall be constructed in strict conformity to the terms and conditions of said order or decision and the requirements of this Chapter. (2) Prior to construction the applicant shall secure the building permit required by the Building Code of the City of Lubbock. (d) Existing Signs. (1) All signs and billboards located in the extraterritorial jurisdiction on the effective date of this Ordinance, or located within areas added to the extraterritorial juris- diction by subsequent annexation upon the effective date of each such subsequent annexation, are hereby declared to be nonconforming and entitled to remain under and subject to the rules applicable in this Chapter to other nonconforming . uses, provided such signs are registered with the City within the time and in the manner hereinafter provided. -4- . . (2) Within six (6) months after the effective date of this Ordinance as to areas designated as within the current extraterritorial jurisdiction, or within six (6) months after the effective date of an subsequent annexation as will extend the area of the extraterritorial jurisdiction, all signs or billboards desired to be designated as nonconform- ing, shall be registered as hereinafter provided. Signs or billboards not so registered within said six (6) months, shall be conclusively presumed to be illegal and not nonconforming and shall be removed immediately by the owner of the land upon which they are located, without cost to the City of lubbock. (J) Registration of nonconforming signs and billboards shall be accomplished upon filing (within the time provided) of a declaration of nonconforming sign upon forms to be provided by the City. Such forms shall require such information as necessary or helpful to a determination by the Codes Administrator, including but not limited to: a. A written legal description of the parcel location. b. A scaled drawing or photograph of all signs showing: 1. Dimensions; 2. Height; J. Setback (front and side) from property lines; and 4. Their location on the parcel in relation to adjacent streets and other public property. c. A certification that the sign or signs presented as nonconforming are the only nonconforming signs on the property. d. The names of all owners, lessees or any other person, firm or corporation claiming any interest in the area sought to be defined as nonconforming. e. If the applicant is other than the fee simple owner as reflected by the Deed Records of lubbock County, then instruments reflecting his authority to file such application shall be furnished. -5- . . (4) The Codes Administrator shall cause a copy of the applica- tion to be posted in a display area open to the public at or near his offices. Each such posted application shall contain notice to the public as to the manner by which such nonconforming designation may be challenged. (5) If no challenges are received within fifteen (15) days of the date of posting, if after verification of the contents of the application the Codes Administrator either finds them to be true or finds no reason to challenge same, he shall within thirty (30) days after such application is posted, approve and file same. If, however, an application is challenged, or, if the contents of the application remain questioned by the Codes Administrator after attempts to verify same, in either such event the Codes Administrator may request such additional information as necessary to verification to be provided by the applicant. Requests for additional information shall be mailed to the applicant by certified mail within twenty-five (25) days after the application is posted. If after such additional information is received the validity of the declaration of nonconforming use is still not reasonably reflected by the information before the Codes Administrator, or in the case of any application to which a challenge is filed, the Codes Administrator, shall set a date for hearing upon such application giving notice thereof to the applicant (and any challenger, if any). The hearing date shall be at least ten (10) days after the date of mailing such notice. (6) If upon hearing the Codes Administrator determines that such sign was in place upon the effective date of this Ordinance to the specific extraterritorial jurisdiction area involved, then he shall accept and file such application. If the Codes Administrator determines such sign was not in place upon the effective date of this Ordinance, then such application shall be denied. (7) Any person aggrieved by the decision of the Codes Adminis- trator may appeal such decision to the ZBA in the manner and within the time provided by Section 29-28 and TEX.REV.CIV. STAT. art. 1011g. (8) In the event of the illness, disability or absence of the Codes Administrator he may designate a substitute to act in his place for the purpose of any hearing required above. SECTION 2. THAT violation of any provisions of this Ordinance sha)l be deemed a misdemeanor punishable by a fine not to exceed the limits provided in Section 29-31(a) of the Zoning Ordinance of the City of Lubbock. -6- > . --,, . . ~ .. .c SECTION J. 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 4. 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 9th Passed by City Council on second reading this ~ ~~............. -r-r-- < ~ .c . AL . . ~ : ATTEST: . APPROVED AS TO CONTENT: APPROVED AS TO FORM: -7- THE_STATE OF TEXAS COUN.TY OF LUBBOCK roZ320 l<-10( Before me DorothY RUt.6e II a Notarv Public in and for Lubbock Countv. Texas on this dav personally appeared Tw11a Auf1ll' Account Manal!er of the S~uthwestern Newsp~- pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newsP.aper has been published continuously for more than fifty-two weeks prior to the first insertion of this _L_e_l!_a_I_N_,o_t_1_1:_e ___________ _ --------.-=.--~:-r7-:::::-=-No. 725387 at Lubbock County. Texas and the attached print- ed copy of the Lel!al Notice is a true copy of the original and was printed in the Lubbock Avalanche-.Journal on the following dates: Janua r:v 28th & FebruarY Znd • 1986 552 words ~ 76t Pe~rvora = $~19.52 Accout:t Manal!er LUBBOCK AVALANCHE-.JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 3 rd day of Feb rua r:v tt.-tetalNottees · 1 . -~-"'·-~R~%t~~~Jlo~~ '/ ....,AP.TER!nlt!Fl'JREieooElOF! ' ORDINANCU, CITY. Of' Ltl&o BOCIC. CEN'Ult.Eti "VEHICI.ES FOR HIRE<!)'-BY AMENDING SECTIO~ 21.U ANb 21·112 BY '----ICHANGING·· THE ·"MINIMUM---.-------- AMOUNT$ OF LIABILITY AND ' .' · ·· • ' .OROINANCE ND.m• PROPERTY tNSURANCIO .. Ale· : AN OROINANCE AMENDING QUI RED, PROV101NG .A SAV-. 1 1 ZONING ORDINANCE ·NO. 7084 lNG$ CUUSE AND PROViDING AND THE OFFICIAL MAP OF ~"_PUB_L __ 10CRADTI01NNA.N. C,.E, .. N· 0 .• ~ ... ; ',: THE CITY OF I,.VBBOCK SO AS .,.,. TO MAKe :·TIU:: FOLLOWING AN.:'OROINANC:E. AMENDING CHANGES: ;tONECASfi'_NO.~·- CHAPTiillit 29 OF THE CODE OF A; A CHANGE OF :tONING ORDINANCES. ·CITY OF lUB· . FROM C·2 AND 'il·l SPECIFIC &OCK,_, ENTITLED •:zONING.'' :, . USE ·ZONING CISTRICTS TO C·3 . BY .R.EQUIRING. A SP'ECIFIC-, i.ONJNG· .biSTR.ICT LIMITED· 'USE.'' ZONE ··.t:WANGE .;., FOR .. TO:.tl QUICK TUNE AND QUICK ADIJJ.T .,ENTERTAINMENT_ ES.. . OIL-CHANGE TYPE USE~ AND TABLISHMENTS' 'OR-. ENTER··· jj USES .. UNCONDITIONALI. Y. ·PRISE$.. IN YHE nC4.''· ·':C-4.'' PERMITTED IN THE C·2 ZON· "NI:I" OR "Ni4" ZONING. DIS· IN~ OISTRICT •. UNDE!it PROVI· TRICTS ANO SUBJECT TO CE·R··. SIONS OF SE!CTtON :z9:29 OF, lAIN MINIMUM. CONDITION$; . ·THE CObE OF ORDitfA'NCES OF PROVIDING A FENALTYd"litb-THE CITY. OF LUBBOCK, ON . VIOING ·A., ·SAYINGS Ct:).USE .LOTS ~1. 2. :.3 AND 61; F!i!IEND· AND PROVJOIFiG FO~ PUBLI· SHIP ESTATES ADDITION, CJTY CAtiON. ·. > "'" .: , i · .o OF t.;UBI$0CIC, lUBBOCK COUN· .. :. . .· --O~DINANCE N0;1875' TY/TElC:AS~·$tf9JECT TO 'CON·: .AN :ORDINANCE AMEN!)ING DillON$; PROVIDING_ FOR 'A ZONING -()ROINANCE NO. 70~ PENALT.Y-AS PROVI.OED FOR AND THE. OFFICIAl. MAP OF IN SECTION . tt-3Hel -()F. THE THE (tTY OF LUBBOCK SO AS ZONING ORDINANCEi PROVID· TO'.,MAKE THE FOLLOWING ING'A.SAVINGS (;I.AUSE'AND ,OIANGES:/ZONE ··CASE NO. PROVIDING FOR • PUBJ.ICA· ~~ A •SPECIFIC,.USE-.ZOHE TION. . ·: .. : .. ·<''' ' ,., CHANGE, I!' ROM C..C TO C..C SPE· . 'ORDINANCE NO ... 77 "CIFIC • USE '.f:'ERMIT ·UNDER AN ORDINANCE AMENDIN'G 'PROVI$10"'$ C)F SECTION 29-ZONING ORDINANCE NOdOI~ 241cl(161-0F THE :tONING. OR: ANO TKE OFI:IC:IAL MAP ~~ DINANCE •. FOR . A TRAVEL . THI:: CITV• OF LUBBOCK. 50 . ...., TR.AILER f'ARK ON LOTS lAND TO. MA.KE THE . FOLI.OWI,NQ_. if'TffROUGH 17, t!LOCK 1; AND CHANGES<ZONE CASE NO. 2269-'ALL OF BLOCK 2; AND LOTS I lu TO AMEND. THE -SITE f>LAN <AND )7, BLQCK :l, RIVERI..AWN. OF-TRACT G;'tON(I'S GATE. AD• ·:ADDITION, Cl't.')' QF LUBBOCK, ·01TION TO THE CITY OF. "LUB· ';LUBBOCK COUNTY, TEXAS; bOCK, .. LUBBOCK .. COUNTY, SUBJECT 'TO CONDITIONS; TEXAS! SUBJECT "TO CONDI· PROVIDING FOR A PENAL-TY TIONS; PROVIDING FOR A A$P.ROVIOEOFORI.N.SECTION PENAL'TY AS.J>ROVIDED FOR , 29-3Hel O_P THE ZONING O.RDI-:-IN :SECTION 29~Hel .OF THE NANCIO; PROVIDING A· IAV• ZONING ORDINANCE; PROVID· · lflGS CLAUSe AND PROVIDING lNG A IAVIIIIG$ i:LAUSE AND FOf:l PU~t,ICA!IOfl. PROVIOiffG · ~ ' PUB\.ICA· _ :nott .... ____ .. . 19 86 ~~ DOROTHY RUSSELL Nottlty Publit In Ahd For 'fhe State Of Texas; M11 Cn~mi-.'"" \i~j)ires Nov. 9, 1gaa -· ; ;J~ROINANCE NO.I871 As --ORDINANCE AMENDING 1----------ZONtNG ORDINANCE NQ. -~ AND THE OFIFICtAL MAP _. lfHE CITY OF 'LU&BOCKOW$01:~ 'TO· MAKE THE FOLL ~.Nc;.E~HAtO:i O~~'bNr~ PROM R·l TO e-• UNDER PRo-~~~0t~D~~:~i~~NA~rs g~ THE CITY OF -LUBBOCK. ,o:et tRACT oF LAND our OF oc.< TION 2 BLOCK £1-6, LUBB · COI,IIoi"TY, TEXAS; SUBJ.~GCTF~~ CONDITIONS, PROVIDin -· A PENALTY AS PROVIDED.~~: IN. SECTION ·tt-31<4) OF . i.ONING ORDINANCE I PROVID- iNG .A· SAV.ING$0RCI..A~tit.~ PROVIDING , .F . • 1l~~· .· <i"RtillfANCE N0.181il . AI+' ORO~NAIII.CE ··AM~DING 'CHAPTP290F.MCOOE OF_ OltOINANCES. ,ClT:V OE LU~; JOCK• JNTI'rLED ... !'_ZONING. , · IY REQUIRING''" SPEC~FIC . · SE · ZONE· CHANGE FOR ~DULT ~NTERTAINME~Tlt. TABLISHMEN,TJE-~-3." . "C-4," ~~~~.~SO~~'M·l" JONING '01$· TR.ICTS A~D' 5118JECt. TO CER· 'tAII,f'MININIUM: C:ONDtTIONS; PROVIDING A PENA5LTY.tfSfe \tiDING· A . SAVING ( ·AND pROVIOIIilG FOR, fU6L~: _CATION: : 0Jibm1INCE t+O. 1882 AN ORDINAN<;E AMENDING CHAPTER 29 OF THE CODE OF OROINANCU., ~IOTY .. fJ'N.t~~~; eo<:K. ENTIT....-3• BY ADDING TO SECtiON .29· A DEFINITION FOR "COMPARA• &LE USE"; AND BY ADDING A NEW SE<:;TION WI;I.ICH -WILL PROVIDE COIIITR~LS ~=~~ 'SIGNS tN THE EltTRA:•·<> • TOJUAL JURISOICTION ~~~~ CI-TY; P~OI(R~OD!,~I:G·s: PEN· . · C\.AIJS£, P • G FOR Al.TV AND PROVIOIN .. .. ~UBI.I~TION. R·I01 ,. '