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HomeMy WebLinkAboutOrdinance - 7084-1975 - Repealing Zoning Ord. #1695 And Zoning Map Adopted On 4/3/1955 - 04/06/1975I ORDINANCE NO. 7084 A ZONING ORDINANCE REPEALING ZONING ORDINANCE NO. 1695, AND ZONING MAP PASSED AND ADOPTED ON THE 6th DAY OF April, 1955, TOGETHER WITH ALL AMEND- MENTS THERETO, SAVE AND EXCEPT THE AMENDMENTS TO SAID ORDINANCE NO. 1695 CONTAINING SPECIAL CONDITIONS APPLICABLE TO A PARTICULAR LOT, TRACT OR PAR- CEL OF LANO, AND ENACTING AND ADOPTING IN LIEU THEREOF A NEW ZONING ORDINANCE AND MAPS DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF LUBBOCK INTO DISTRICTS IN ACCORDANCE WITH A CITY-WIDE COMPREHENSIVE PLAN; DE- FINING CERTAIN TERMS; REGULATING THE LOCATION,SIZE, HEIGHT, BULK AND USE OF BUILDINGS WITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT; REGULATING THE SIZE OF YARDS, COURTS AND OPEN SPACES IN EACH PARTICULAR DISTRICT; REGULATING THE DENSITY OF POPULATION, STRUCTURES, BUILDINGS, LAND INDUSTRY AND RESIDENCES IN THE ERECTION, REPAIR AND ALTERA- TION OF ALL BUILDINGS AND STRUCTURES IN EACH PARTICULAR DISTRICT; ADOPTING ZONING MAPS AND MAKING THEM A PART OF THIS ORDINANCE; CREATING A BOARD OF AD- JUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND . PENALTY CLAUSE HEREOF; CONTAINING A SAVINGS CLAUSE; AND PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES. WHEREAS, on the 6th day of April, 1955 the City Council of the City of Lubbock in accordanc~ with the laws provided adopted a comprehensive Zoning Ordinance and Map which classified the area within the City Limits into various use districts and from time to time zone changes and amendments have been enacted and adopted, and from time to time have added ·classifications to territory newly annexed to the City of Lubbock; and, WHEREAS, the City Council submitted to the Planning and Zoning Connnission its request that such commission make a comprehensive study of the Zoning Ordi-. nance as it exists and Zoning Map in connection therewith, and the Planning and Zoning Commission has made preliminary reports and has held public hearings after due notice given by depositing in the United States Post Office a written notice of such public hearing properly addressed and postage paid to all owners of real property in tbe City of Lubbock, who had rendered their said property for City Taxes as the ownership appeared on the last approved city tax roll which was approved in October of 1974, and also by notice posted according to law, all of such notices giving the time and place of such hearings on the 9th, 10th, 11th, and 12th days of December, 1974, at 7:00 P.M. in the City Council Room on the 2nd Floor of the City Hall in Lubbock, Texas, and such hearings were held at such time and place and persons appeared both in favor of and against the proposed ordinance and maps, and the Planning and Zoning Commission had submitted its final report and recommendations .to the City Council that Zoning Ordinance No. 1695 should be changed in full to keep abreast of the changing conditions in the growth and development of the City of Lubbock, and had further recommended that triplicate maps be adopted in lieu of the existing Zoning Map and such recommendations were received by the City Council and after due consideration, the City Council finds that making the proposed recommended changes more fully hereinafter set out would be in the public interest and pro- mote the health, safety, morals, and general welfare of the general public and lessen the congestion in the streets, and provide greater safety from fire, panic, and other dangers and provide adequate light and air, and prevent the over- crowding of land, to avoid undue concentration of population and other public re-quirements; and, l I WHEREAS, some changes have been made in the various districts and in the various district boundaries as shown on the zoning maps adopted by this ordi- nance, found to be in the public interest, all according to a comprehensive plan, no attempt has been made to change all such zoning districts from the corresponding zoning districts of the map adopted with Zoning Ordinance No. 1695. as amended, the adopted zoning maps shown and include the amendments to the repealed zoning map prior to the adoption of the ordinance and maps in connec- tion herewith and it is the intent and declared purpose of this ordinance-to re- vise and bring up to date the text containing the restrictions and regulations of a comprehensive Zoning Ordinance; and, WHEREAS, all conditions precedent required by law for a valid repeal of the present zoning ordinance and map and enactment and adoption of a new com- prehensive zoning ordinance and map have been fully complied with and notice was duly published on the 6th day of April, 1975,-in the Lubbock Avalanche Journal by publishing the caption of the proposed Zoning Ordinance, and the public hearing, according to said notice, was held at 1:30 o'clock P.M., on the 23rd day of April 1 1975, in the City Council Room on the 2nd Floor of City Hall, Lubbock, Texas, at which time every person was afforded and given the opportunity to appear and speak in regards to the proposed ordinance and maps and after said hearing, it is detennined by the City Council that it would be in the public interest, due to changed conditions that Ordinance No. 1695 together with the Zoning Map, and all amendments thereto, be repealed, and that a new Zoning Ordinance and triplicate zoning maps be enacted and adopted in lieu thereof in substantial compliance with the recommendatiori of the Planning and Zoning Co1JUnission; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Zoning Ordinance No. 1695 and the Zoning Maps, together with all amendments thereto, save and except the amendments to said Ordinance No. 1695 containing special conditions applicable to a particular lot, tract or parcel of land, are hereby in all things repealed and a new Zoning Ordinance and Maps hereby enacted and adopted which shall provide as follows: THIS Ordinance may be known and may be cited as the City of Lubbock Comprehensive Zoning Ordinance, 1975. 2 ORDINANCE NO. 7084 -ZONING ORDINANCE This ordinance is out of date. It is maintained for research purposes only. Please see the Code of Ordinances for updated information. NOTICE The following tables are for reference only and not a part of the adopted Ordinance 7084. ~ The requirements and,,regulation for each Zoning District should be throughly checked for each proposed use. -✓ ( l ) (2) (3} (4) (5} AMENDMENTS TO ORDINANCE 7084 Section 22.2-6 A Specific Use permit and a building permit shall be Page 82 applied for and secured within thirty (30) months of the effect date of the zone change, or all undeveloped property shall automatically revert back to the pre- vious zoning classification. Passed on Second Reading of City Council October 9, 1975. Ordinance #7154 Section 6.6-3 SIDE YARD. (A garage fronting onto a street). Page 24 Passed on Second Reading of City Coun~il March 11, 1976 Ordinance #7220 Section 6.9 LOT COVERAGE. Page 27 Passed on Second Reading of City Council July 22, 1976 Ordinance #7293 Section 22.3-24 Mini-Warehouses in 11C-411 Specific Use Page 91 Passed on Second Reading of City Council July 22, 1976 Ordinance #7293 Section 6.6-4 Tool or storage houses, not to exceed two hundred {200) square feet in area or eight {8) feet in height with no utilities except electricity may be erected on the rear property line and within five (5) feet of the side property line. Section 23 Amendments to the Ordinance pertaining to sign regulations. 2.14 pg. 5, 2.105 pg 15, 2.105 (a-c) pg._ 15, 2.105 (d-o) pg. 15-A, 2.105 (p-r) pg. 15-B, 23.2-1 pg. 92, 23.2-3 pg. 92, 23.2-4 pg. 92, 23.2-5 pg. 93, 23.2-6 pg. 93, 23.2-7 pg. 93, 23.2-8 pg. 93, 2~.2-9 pg. 93, 23.2-10 pg. 93, 23.2-11 pg. 93, 23.3-l pg. 93, 23.3-2 pg. 93, 23.3-3 pg. 94, 23.3-9 pg. 94, 23.4-1 pg. 94, 23.4-2 pg. 94, 23.5-1 pg. 94, 23.6-1 pg. 95, 23.6-1-1 pg. 95, 23.6-1-2 pg. 95, 23.6-1-3 pg. 95, 23.6-1-4 pg. 95, 23.6-1-5 pg. 95, 23.6-1-6 pg. 95, 23.6-1-7 pg. 95, 23.6-1-8 pg. 95, 23.6-1-9 pg. 95-96, 23.6-2 pg. 96, 23.7-3 pg. 97, 23.8-1 pg. 97, 23.8-2-1 pg. 97, 23.8-3 pg. 97, 23.9-1 pg. 97, 23.9-2 pg. 98, 23.9-3 pg. 98, 23.9-4 pg. 98, 23.9-5 pg. 98, 23.9-5-1 pg. 98, 23.9-5-2 pg. 98, 23.9-5-3 pg. 98, 23.9-5-4 pg. 99, 23.9-5-5 pg. 99, 23.9-6 pg. 99, 23.9-7-1 pg. 99, 23.9-7-l(a) pg. 99, 23.9-7-l(a)-l pg.99, 23.9-7-l(a)-2 pg. 99, 23.9-7-l(a)-3 pg. 99, 23.9-7-l(a)-4 pg. 100, 23.9-7-l(b) pg. 100, 23.9-7-l(b)-1 pg. 100, 23.9-7-l(b)-2 pg. 100, 23.9-7-l(b}-3 pg. 100, 23.9-7-l(b)-4 pg. 100, 23.9-7-2-1 pg. 100, 23-9-7-2-3 23.9-7-2-5 pg. 100, 23.9-7-2-6 pg. 100-A, 23.9-8 pg. 100-A, 23.10 pg. 100-A, 23.11 pg. 100-A, 23.12 pg. 100-A, 23.13 pg. 100-A. 23.14 pg. 100-A, 23.15 pg. 100-A, 23.15-l pg. 100-A, 23.15-2 pg. 100-B, 23.15-3 pg. 100-B, 23.15-4 pg. 100-8, 23.15-5 pg. 100-A 23.15-6 pg. 100-B, 23.15-7 pg. 100-8, 23.15-8 pg. 100-8, 23.15-9 pg. 100-B. I Passed on Second Reading of City Council January 13, 1977. Ordinance #7384 AMENDMENTS TO ORDINANCE 7084 Page 2 Section 16.3-11 Grocery store with o~er 3,000 but not over 35,000 Page 58 square feet of total floor area. (No gasoline pumps permitted) ( 6} Passed on Second Reading of City Council February 24, 1977. Ordinance #7402 ( 7) Section 22.3~20-3 Page 90 Passed on Second Offices other than hospital, clinic or medical offices and administrative offices for the medical profession, including independent management, legal, accounting and bookkeeping service for doctors, hospital, clinics, and medical personnel. Reading of City Council February 10, 1977, Ordinance #7400 Section 22.3-20-4 Saving & Loan Offices Page 90 { 8) Passed on Second Reading June 23, 1977. Ordinance #7468 Section 13. 12-1-10 All permitted uses not listed above -one (1) space for Page 47 each one hundred and fifty (150) square feet of gross floor area. Section 15.12-1-14 Page 55 Section 16.12-1-7 Page 59 Section 17.12-1 ~9 Page 62 Section 19.13-1-15 Page 71 All permitted uses not listed above -one (1) space for each one hundred fifty(l 50) square feet of floor area. All permitted uses not listed above -one {1) space for each one hundred seventy five (175) square feet of gross floor area. All permitted uses not listed above -one (l) space for each one hundred seventy five (175) square feet of gross floor area. All permitted uses not listed above and having neither warehousing nor outside storage -one (1) space for each one hundred seventy five (175) square feet of gross floor area. ( 9) Passed on Second Reading of City Council July 14, 1977. Ordinance #7480 (10) Section 23.9-5 Canopy signs may not exceed twenty (20} feet in height. Page 98 Passed on Second Reading of City Council July 14, 1977. Ordinance #7481 Section 2.36a DUPLICATING/COPY SERVICE Page 8 Section 2.93a PRINT SHOP. Page 14 AMENDMENTS TO ORDINANCE 7084 Page 3 Section 16.3-4a Duplicating/Copy Service. Page 57 Section 16.3-9 Office Supply. Page 58 (11) Passed on Second Reading of City Council November 17, 1977. Ordinance #7575. Section 23.2-9 Signs with flashing, blinking or traveling lights shall have light bulbs which do not exceed thirty-five (35) watts each. Section 23.3-2 Signs with flashing, blinking, or traveling lights, regardless of wattage, which are located within forty-three (43) feet of any street right-of-way. Signs with flashing, blinking or traveling lights, regardless of wattage, and excepting time and temperature signs, which are located within one thousand {1,000) feet of any street intersection. Section 23.6-1-l Signs with flashing, blinking or traveling lights, regardless of wattage, which are located within forty-three (43) feet of any street right-of-way. Signs with flashing, blinking. or traveling lights, regardless of wattage, and excepting time and temperature signs which are located within one thousand (1,000) feet of any street intersection. Section 23.2-5 No sign, sign structure, or sign support shall project over any property line, except that a sign placed flat against the wall of a building, which is on the property line may project eighteen (18) inches over the property line. Section 23.3-1 Any signs and supports, other than those signs and supports required by governmental authority, or for which a street use license has been issued, which are located on the public right- of-way, including on public street, alleys and parkways. This section shall not apply to signs on commercial vehicles or cofflllercial trailers lawfully operated or parked in such areas, except that this exception shall not otherwise be used to legitimate the use of advertising vehicles and trailers pro- hibited in Section 23.5-1 following or portable or wheeled signs prohibited in Section 23 .3-8 following. Section 23 .3-3 RESERVED Section 23.2-6 Trees, rocks. bridges, fences, windmill towers and dilapidated buildings shall not be used as sign supports. Section 23 .6-1-2 Any sign which is affixed to sign supports. (12) Passed on Second Reading of City Council November 11, 1977. Ordinance #7564 1 (13} AMENDMENTS TO ORDINANCE 7084 Page 4 Passed on Second Reading of City Council February 9, 1978. Ordinance #7597 Section 19A Industrial Park -IDP Page 71B -71H {14) Passed on Second Reading of City Council May 11, 1978. Ordinance #7659. (15) {16) Definitions on building lines and lot lines. 2.2a, pg. 4; 2.2, pg. 6; 2.22a, pg. 6; 2.22b, pg. 6; 2.27a, pg.6; 2.47, pg. 9; 2.48, pg.9; 2.49, pg. 9; 2.49a, pg. 9B; 2.63a, pg.11; 2.67, pg.11 2.68, pg. 11; 2.69, pg. 11; 2.71, pg. 11; 2.72, pg. 11; 2.73, pg. 12; 2.74, pg. 12; 2.94, pg. 14; 2.104, pg. 15; 2.120a, pg. 17; 2.123, pg. 17; 2.124, pg. 17; 2.124, pg. 17; 2.125, pg. 17. Passed on Second Reading of City Council June 8, 1978. Ordinance #7671. Amendments to Zoning Ordinance 7084 regarding definitions for banners, flags, or pennants, stack lots and front yard setbacks. 2.lla, pg. 5; 2.107a, pg. 16; 6.2-3, pg. 23; 7.2-4, pg. 26; 8.2-2, pg. 28; 9.2-3, pg. 31; 11.2-3, pg. 36; 12.2-3, pg. 39; 13.2-3, pg. 44; 14.2-4, pg. 48; 15.2-4, pg. 51; 16.2-4, pg. 57; 17.2-4, pg. 60; 19.2-5, pg. 65; 20.2-4, pg. 72; 21.2-3, pg. 77; 6.6-1, pg. 24; 7.6-1, pg. 26; 8.6-1, pg. 28-B; 9.6-1, pg. 32; 20.3-Sla, pg. 74; 25.1-1, pg. 105. Passed on Second Readingof City Council September 14, 1978. Ordinance #7722. Amendments to Zoning Ordinance 7084 regarding rear yard and side yard separa- tions between A-1 or A-2 zoned property and R-1 or R-2 zoned property, as applied to two-story structures providing a saving clause. Section 8.6-2, pg. 29; Sec. 8.6-3, pg. 29; Sec. 9.6-2, pg. 32; Sec. 9.6-3» pg. 32. (17} Passed on Second Reading of City Council, October 12, 1978. Ordinance 7746. Amendment to Zoning Ordinance pertaining to a three-fourths (3/4) vote of the City Council on zone cases objected to by twenty percent of certain landowners. Section 26.3-3, page 115. (18) Passed on Second Reading of City Council, October 12, 1978. Ordinance 7745. Amendments to the Zoning Ordinance 7084 defining Quick Oil Change Facility, and Quick Tune Facility and making Quick Tune and Quick Oil change facilities pennitted uses in C-3 zoning districts. Section 2.93b and 2.93c, page 14, and Section 17.3-8a, page 61. (19) AMENDMENTS TO ORDINANCE 7084 Page 5 Passed on Second Reading of City Council. September 14, 1978. Ordinance 7723. An addition to the Zoning Ordinance 7084 being titled 11Historical Preservation and Urban Design District". 1.1 SECTION 1 PURPOSE It is declared to be the intent and purpose of the Zoning Ordinance to pro- mote and protect the health, safety, comfort, convenience, prosperity and general welfare of the citizens of Lubbock by assuring quality development, to allow for proper economic growth which conforms to a comprehensive plan of the city. It is further declared that: 1.1-1 1.1-2 1.1-3 1.1-4 1.1-5 1.1-6 1.1-7 1.1-8 1.1-9 1.1-10 1.1-11 To promote the stability of existing land uses that confonn with a comprehensive plan and to protect them from inhannonious influences and harmful intrusions; To promote a harmonious, convenient, workable relationship among land uses; To encourage quality development through effective planning which utilizes modern innovations of urban design; ' To promote and protect the aesthetic quality of the city, by con- serving and enhancing the taxable values of land and buildings throughout the city; To protect and enhance areas of scenic, historic or cultural im- portance; To provide adequate light and air; To encourage proper population densities and prevent the overcrowd- ing of structures; To provide adequate protection for community investments in water, sewerage, streets, schools, parks, and other community facilities; To promote a safe, effective traffic circulation system; To provide safety from fire and other dangers; The city is hereby divided into zones or districts, restricting and regulating therein the location, erection, construction, recon- struction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; to regulate the intensity of the use of lot areas, and to regulate and determine the area of open spaces surrounding such buildings; to establish building lines and locations of buildings designed for specified in- dustrial, business, residential and other uses within such areas; to fix standards to which buildings or structures shall confonn therein; to prohibit uses, buildings or structures incompatible with the character of such districts, respectively; to prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder~ providing for the gradual elimination of noncon- forming uses of land, buildings and structures. 3 ,. ·SECTION 2 DEFINITIONS For the purpose of this Ordinance certain tenns and words are hereby defined as follows: The words 11used for" include "designated for" and vice versa; words used in the present tense include the future; words inthe singular number include the plural number and vice versa; the word 11building11 includes the word 1'structure11 ; the word 11dwelling11 includes the word 11 residence11 ; the word 11 lot1 • includes the word 11plot11 and the word 11shall11 is mandatory and not directory. 2.1 ABUTTING PROPERTY: Property abutting upon a street shall also be understood as abutting property on the other side of the street. 2.2 ACCESSORY: A subordinate use or building customarily incidental to and located on the same lot with the main use or building, and which is reasonable necessary and incidental to the conduct of the primary use of such building or main use. 2.2a ADJACENT: Shall mean 'next to1 or 'closest to• but shall not necessarily mean 'touching•. 2.3 ALCOHOLIC BEVERAGES, MIXED: Beer, beer by the bottle, wine, wine by the bottle and mixed alcoholic drinks. 2.4 ALLEY: A p·ublic way which extends only secondary means of access to abutting property. 2. 5 AL TE RAT ION, STRUCTURAL : Any change in a supporting member of a bui 1 d- ing or str.ucture, such as bearing walls, columns, beams or girders. 2.6 APARTMENT: A room or group of rooms in a multi-family dwelling unit arranged, designed, used or intended to be used for a person or per- sons living independently as a single housekeeping unit. 2.7 AUTOMOBILE SERVICE STATION: A building or place arranged, designed, used or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquified petroleum gases greases, bat- teries, tires and other automobile accessories at retail direct to the on premise motor vehicle trade; and where other services to motor vehicles can be rendered such as, but not limited to, the followi·ng: Sale and servicing of spark plugs and other ignition parts; tire repair and servicing, but no recapping; replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs floor mats, seat covers, wiper blades and anns for windshields, replace- ment of grease retainers, wheel bearings; radiator cleaning and flushing, but not repairs; washing and polishing; greasing and lub- rication; installing and repairing fuel pumps and installing fuel lines, fuel filters, carburetors, and air cleaners; wiring repair; adjusting brakes, installing exchanged brake shoes, installing wheel and master cylinder kits; tuning engines; air conditioner repair and service; wheel balancing and a alignment. Provided however, that the above automotive services shall never be construed to include any major overhaul; the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs, or axles; steam cleaning, body or frame work; painting; upholstering and replacement of glass ·. 4 0 I 2.8 AUTOMOBILE AND TRAILER SALES AREA: An open area, other than a street or required automobile parking space used for the display or sale of except minor incidental repair of automobiles and trailers to be dis.; played and sold on premises. 2.9 2. 10 2.11 2. lla 2.12 , 2. 13 2.14 . AUTOMOBILE WRECKING YARD OR JUNK YARD: Any building, structure or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or fann machine- ry or parts thereof, stored in the open and not being restored to oper- ating condition, and including the commercial salvaging, storage and scraping of any other goods, articles or merchandise. BAKE SHOP: A store engaged primarily in the baking and over the counter~ on premise, retail sale of baked goods. BAKERY, COMMERCIAL: A business that produces baked goods primarily for the wholesale market. BANNER, FLAG or PENNANT: Any sign exposed to the weather and which is made from or on cloth or other limp materi"al. A flag shall be any such sign which is flown from one flag staff. Any sign made from or on cloth or other limp material and which is displayed behind glass and within a building shall be deemed a wall sign. BAR or COCKTAIL LOUNGE: A place where mixed alcoholic beverages are sold for consumption on the premises as the primary business activity. Dancing permitted. BASEMENT: A store partly.or wholly underground. For purposes of height measurement, a basement shall be eounted as a story where more than one- half of its height is above the average level of the adjoining ground. BILLBOARDS: Any structure or portion thereof upon which are outdoor advertising signs which advertise, promote or otherwise disseminate information pertaining to good, products· or services, including chari- table services or appeals and political services or appeals, and which, are not related to goods, products or services comprising a primary use on the premises on which the sign is located, being either: 1) Poster panels or bulletins normally mounted on a building wall or free-standing· structure with advertising copy in the fonn of pasted paper; or . 2) Multi-prism signs -same as above, and alternati:ng advertising mes- sages on the one display area; or 3) Painted bulletins, where the advertiser's message is painted directly on the background ·of a wall-mounted or free-standing display area. 2.15 BOARD: Shall mean the Zoning Board of Adjustment. 2.16 BOARDING HOUSE: A building other than a hotel, where lodging or meals for three (3) or more persons are served for compensation. 2.17 BUILDING: A structure having a roof supported by columns or walls and designed or intended for the shelter, support, enclosure or protection of persons or chattels, except for tents and canopies. 5 2.18 2.19 2.20 2.21 2.22 2.22a 2.22b 2.24 2.25 2.26 2.27 2.27a BUILDING ACCESSORY: A detached subordinate building arranged and designed for a use which is clearly incidental to that of the main building or to the use of the land and which is not occupied for dwelling purposes and provided further that a trailer or mobile home shall never be construed to be within this definition. BUILDING. COMMUNITY: A building for social, educational, and re- creational activities of a neighborhood or community, not operated primarily for comnercial gain. BUILDING, MAIN: A building in which is conducted ~he principal _use of the lot on which it is situated. BUILDING UNIT GROUP: Two or more buildings, except dwellings grouped upon a lot and held under single ownership or le~se, such as but not limited to, universities, hospitals and institutions. BUILLHNG LINE, FRONT: A line located a minimum horizontal distance from a front lot line and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this Code. BUILDING LINE, REAR: A line located a minimum horizontal distance from a rear lot line, if any, and parallel thereto. over which no part of a building shall extend, unless otherwise pennitted in this Code. BUILDING LINE, SIDE: A line located a minimum horizontal distance from a side ·1ot line, if any, and parallel thereto, over which no part of a building shall extend,·unless otherwise pennitted in this Code. · BUILDING, FRONT OF: The side of a building most nearly parallel with and adjacent to ·the front of the lot on which it .is situated. CANOPY: Any structure of a permanent: fixed nature attached to or in- dependent of the main structure, built'and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is ·supported by or projects from the wall of a structure. · CLINIC, MEDICAL: A facility or station designed and used for the examination and treatment of persons · ill and affected~ as out-patients_ COMMISSION, PLANNING: Shall mean the Planning and Zoning Commission of Lubbock, Texas. · COMPREHENSIVE PLAN: CITY OF LUBBOCK: A periodically undated series of documents that unify all elements and aspects of city planning. Based on careful analysis and projection these volumes reflect the best judgment of the City Council, Planning and Zoning Co11V11ission and Staff to ensure the growth and prosperity of the City of Lubbock. The plan shall serve as a policy guide to zoning and subdivision de- velopment decisions. CONTIGUOUS: Shall mean 1 touching 1 or 'in contact•. 6 2.28 CURB GRADE: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this ordinance. 2.29 CUSTOMARY HOME OCCUPATION: An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a 11resideotial dwelling" as hereinafter defined, subject to compliance with each of.the following conditions: 2.29-1 2.29-2 11 Res·idential dwelling11 as used in this Section shall mean a detached building designed, used and occupied exclusively by members of one (1) family as a residence. That no person other than members of .a family who re- side in the· residential dwelling be engaged in such occupation, profession, domestic craft or economic enter- prise. . ' 0 2.29-3 2.29-4 2.29-5 2.29-6 2.29-7 2.29-8 2.29-9 2.29-10 That such use be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occu- pation, profession, domestic craft or economic enter- prise shall never exceed twenty-five (25) percent of the total of the floor area of the residential dwelling. That, to prevent increased traffic congestion in re- sidential areas, no advertising of the occupation,. profession, domestic craft or enterprise be conducted by means of any commercial communication media, or by the use of any other device such as a sign, display, handbills, or other visible indication thereof dis- played inside or outside the residential dwelling. That the residential dwelling shall maintain its re- sidential character and shall not be altered or re- modeled in order to create any type of exterior commercial appeal. That no exterior storage of material, equipment and/or supplies used in conjunction with such occupation, pro- fession, domestic craft or enterprise be placed, per- mitted or allowed on the premises occupied by the re- sidential dwelling. That there be no offensive noise, vibration, smoke, dust, odors, heat or glare beyond the property lines. That such occupation, profession, domestic craft or enterprise be wholly within the residential dwelling and no accessory building be used in conjunction therewith. That no stock, goods, wares or merchandise be sold or kept for sale on the premises. That only equipment be used in such occupation, pro- fessional, domestic craft or enterprise that is ordinarily used in a private home in a like amount and kind. Provided, however, this Section shall not be constructed as applying to 11Home Beauty Shops 11 as defined in Section 2.30 except as otherwise provided therein. 2.30 HOME BEAUTY SHOPS: Where one or more members of a family engage in the business practice or the trade of hair dressing or cosmetology under a license issued by the State of Texas, within a residential dwelling, subject to the following conditions: 2.30-1 2.30-2 That the residential dwelling was used as a Home Beauty Shop or was being converted to such use under the terms of a valid building permit issued by the Building Inspector on or before December 4, 1964. That subsections 2.29-1 through 2.29-10 be complied with. 7 I 2.31 2.32 2.33 2.34 2.35 2.36 2.36a 2.30-3 2.30-4 That in relation to the services rendered as a Home Beauty Shop no more than one (1) operator's chair, three (3) dryers and one (l) sink be utilized and in- stalled within the area of the residential dwelling devoted to this purpose. That an unassignable special use permit, 11 Certificate of Occupancy for a Home Beauty Shop 11 for such residential dwelling, be secured from the Zoning Administrator, which shall be posted or displayed within the shop area and made available and subject to inspection at any reasonable hour of a business day by the Zoning Adminis- trator or any one acting under his direction and super- vision. DANCE HALL: A place open to the public where dancing is permittedt with alcoholic beverage sales prohibited. DANCING: To move the body, especially the feet, in rhythm, ordinarily to music. DAY CARE ·cENTER: A place maintained or conducted under public or private auspices which cares for more than six (6) children during a part of the twenty-four (24) hours of the day. DEVELOPMENT LOT: A parcel or abutting parcels of land, that have definite boundaries, which is improved as a single unit of use. DISTRICT: A section of the City of Lubbock, for which the re- gulations governing the areas, heights or uses of buildings or lots are uniform. DORMITORY: A building in which living quarters are provided primarily for individual students under the general supervision or regulation of an established College or University and as distinguished from an apartment, hotel, motel or rooming house. A dormitory may provide apartment units for guests, faculty or supervisory personnel on a ratio not to exceed one such apartment unit for each fifty (50} students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may in- clude facilities such as a commissary and/or snack bar, lounge and · study area, dining halls and accessory kitchen, recreation facilities and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public. DUPLICATING/COPY SERVICE: A business engaging in the reproduction of printed or photographic impressions through; 1. Mimeographic copy process, or 2. Electrostatic or thermal copy process, whether wet or dry, with machines having a miximum finished product capacity of fourteen by eighteen (14Xl8) inches. 8 / I 2.49a FRONT LOT LINE, RESIDENTIAL: All lot lines contiguous with a street, and which do not tenninate or intersect with an alley shall be front lot lines. If all lot lines contiguous with a street terminate or intersect with an alley, the front lot line shall be the shortest lot line contiguous with a street. If all lot lines contiguous with a street tenninate or intersect with an alley, and are of identical length, the front lot line shall be the lot line contiguous with the narrowest street. If all lot lines contiguous with a street terminate or intersect with an alley, are of identical length, and are contiguous with streets of identical width, the front lot line shall be whichever lot line contiguous with a street is designated by the property owner or platting proponent at the time of platting. Every lot must have at least one front lot line. 2.50 GARAGE, PRIVATE: A detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises. 2.51 GARAGE, PUBLIC: A building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for renumeration, hire or sale. 9B I 2.52 GARAGE SALE: The sale of items normally accumulated by a household subject to compliance with each of the following conditions: 2.52-1 2.52-2 2.52-3 2.52-4 No more than three (3) garage sales shall be allowed for the same location in any twelve (12) month period. The duration of the garage sale shall not exceed three (3) consecutive days. No items shall be purchased for a garage sale for the purpose of resale. No items for sale shall be displayed outside of the residence, garage or carport. One (1) unlighted sign not exceeding twelve (12) square feet in area shall be permitted. Said sign shall per- tain to the garage sale only and shall be located on the property. Said sign shall be pennitted for the three (3) day period. 2.53 GREENHOUSES: A building consisting of glazed frames or sashes often artifically heated used for the purpose of cultivating plants too tender to_ endure open air. 2.54· GROSS FLOOR AREA: The gross floor area of a building shall be measured by taking outside dimenisions of the building at each floor level. 2.55 GUEST HOUSES: Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling. 2.56 HEIGHT: The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher; or if no street grade has been established, to the highest point of the roof's surface if a flat surface; to the deck line of mansard roofs; and to the mean height level between eaves and ridges for hip or gable.roofs. In measuring the height of a building the following structures shall be excluded: Chimneys, cooling towers, radio towers, ornamental cupolas, or spires, elevator bulk heads, tanks, water towers, and parapet walls not exceeding four {4) feet in height. 2.57 HOSPITAL: A facility or station where sick or injured persons are given medical or s~rgical care, whether at public or private expense. 2.58 HOTEL: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which, as a rule, the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apart- ment, and in which there are more than twelve (12) sleeping rooms, a public dining room for the accommodation of more than twelve (12) guests, and a general kitchen. 10 2.59 2.60 2.61 2.62 2.63 2.63a 2.64 2.65 2.66 2.67 2.68 2.69 2.70 2. 71 2.72 INCIDENTAL USE: A secondary or minor use associated with a pri- mary use. INSTITUTIONAL HOME: A place for the care of babies, children, pensioners or old people, except those for correctional or mental cases. KENNEL: Any lot or premises on which four (4) or more dogs, more than four (4) months of age are kept. LANDSCAPING: Creating an aesthetic effect by the use of a com- bination of plant material, including but not limited to grass, trees and shrubs, planters, brick, stone, natural forms, water fonns, aggregate and other landscape features. Landscaping shall not incl:ude the use of smooth concrete or asphalt. LANDSCAPE SCREEN: Plant material of the evergreen variety, a minimum of six (6) feet in height at the time of installation and planted on four (4) foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for watering at the time of installation. LINE: A symbol used in drafting, which has only one dimension, length. LOADING SPACE: An off-street space or berth on the same lot with building, or contiguous to a group of buildings, for the tem- porary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. LOT: An undivided tract or parcel of land under one ownership having access to a street, either occupied or to be occupied, by a building or building group together with accessory bui~aings and used together with such yards and other open spaces as are required by this ordinance, whi:ch parcel of land is designated as a separate and distinct tract and is identified by a tract'or lot number or symbol in a duly approved subdivision plat of record. LOT AREA: The total horizontal area within the lot lines of a lot. Delete. Delete. Delete. LOT, INTERIOR: A lot other than a corner lot. LOT LINES: The lines designated on a plat as being the boundaries of a lot. Delete. 11 2.73 2.74 2.75 2.76 2.77 2.78 2,79 2.80 2.81 2.82 2.83 is substantially a continuation of the front lot line of the lot or lots to its rear. Delete. LOT WIDTH: For commercially and industrially ·zoned property, it shall be equal to the length of the greatest front lot line. For residentially zoned property, it shall be eqqal to the length of the shortest front lot line. MOBILE HOME: Mobile home means any vehicle or similar portable structure including expanding and double width units designed for long-term occupancy which arrives at a mobile home site as_a complete dwelling. This vehcile shall be more than ten (10} feet w1de and more than thirty-five (34) feet in length. MOBILE HOME PARK: Mobile home park means any tract of land under single ownership, ten (10) acres or more., where accommodation is provided for non-transient mobile home use. MOBILE HOME SUBDIVISION: A tract of land, twenty (20) acres or more which has been final platted of record in its entirety in accordance with the City of Lubbock Subdivison Regualtions and in accordance with the 11Specific Use11 section of the Zoning Ordinance. MOTEL. MOTOR HOTEL, OR MOTOR LODGE: A building or group of buildings designed primarily to serve individuals traveling by automobile in whic~ lodging is provided for more than twenty (20) persons for com- pensation and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel, or motor lodge may include as accessory uses, restuarants, club rooms, banquet halls, ballrooms and meeting rooms. NATURAL OR ARTIFICIAL BARRIER: Means any river, pond, canal, ·railroad, levee, enbankment or fence or hedge which prohibits a view of the use from the outside. · NIGHT CLU.B: A place where mixed alcoholic beverages are sold for con- sumption on the premises, with or without food, as the primary business. Live entertainment may be provided and dancing permitted subject to other applicable City Ordinances. NON-CONFORMING BUILDING: A building or structure or portion thereof lawfully existing at the time this ordinance became effective, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located. NON-CONFORMING USE: A use which lawfully occupied a building or land at the time this ordinance became effective and which does not confonn with the use regulations of the district in which it is located. NURSERIES: A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated ~ 1 ? 2.84 OFF-STREET PARKING SPACE: An area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. Such area shall: 2.84-1 2.84-2 2.84-3 2.84-4 2.84-5 2.84-6 2.84-7 2.84-8 2.84-9 Have a pennanent all-weather surface paved in accord- ance with City standards for residential streets. Have dimensions for each space of not less than 9½1 x 18'. When off of any alley have dimensions for each space of not less than 9½' x 24'. Be accessible by an all-weather surfaced drive of suf- ficient width to provide for access and maneuvering, which drive shall connect with a dedicated street or alley, provided however, such drive shall not be re- quired for spaces that abut an alley. Be appropriately defined or marked to deliniate one space from another. Be so designed and regulated that no parking, or ma- neuvering incidental to parking, shall be on any public street or walk. Provided however, this provision shall not apply to access from an alley or to single or two- family uni ts. Provide adequate barriers to keep any parked vehicle from extending into or overhanging any public right-of-way. Be so designed that any vehicle may be parked and un- parked without requiring the moving of any other vehicle. Be located on the development lot. 2.85 NURSERY, DAY: Same as Day Care Center. 2.86 OPEN SPACE: Area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky. 2.87 PARKING AREA, PUBLIC OR CUSTOMER: An open area, other than a pri- vate parking area, street or alley used for the parking of auto- mobiles and available for public or quasi-public use. 2.88 PARKING SPACE, AUTOMOBILE: Space within a building or a private or public area for parking of one (1) automobile. 2.89 PERMANENTLY MAINTAINED: Shall be defined as a constant, and con- tinuing state of maintenance, thereby preserving the installation as similar to the original as possible. 2.90 PERSON: When used in this ordinance shall mean every natural per- son, finn, co-partnership, association, partnership, corporation or society; and the tenn "person" shall include both singular and plural, 13 0 2.91 2.92 2.93 2.93a 2.93b 2.93c and the masculine shall embrace the feminine gender. PLUMBING, HEATING, REFRIGERATION OR AIR CONDITIONING BUSINESSES: Business whose primary purpose is the sales, service or installa- tion of equipment pertaining to plumbing, heating, refrigeration or air conditioning. PLUMBING SERVICE: The operation of a business which involves only retail sales and off premises service. installation and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures or units. Sheet metal work of any type shall not be permitted. Storage shall be permit- ted for units and supplies incidental to retail sales, off premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heat- ing, refrigeration or air conditioning contractor or similar type wholesale, service or repair operation. PET STORE: The purchase and resale of pets and related items and supplies. PRINT SHOP: A business engaging in the reproduction of printed or photographic impressions including but not limited to, the processes of composition, binding, platemaking, microform, type casting, presswork, and printmaking. QUICK OIL CHANGE FACILITY: A business engaging in the changing of oil, oil filters and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old. oil shall be kept in sumps until removed by. pumper truck. Provided, however, that when a zone case or Zoning Board of .Adjustment ruling pro- hibits gasoline service stations as a use on a certain tract of land, prior to the passage of Section 17.3-8a of this code, said prohibition shall also be deemed to prohibit Quick Oil Change Facilities and Quick Tune Facilities. QUICK TUNE FACILITY: A business engaging in engine adjustment and minor part replacement for motor.vehicles, limited to spark ·plugs, condensers,.spark plug wires, distributor caps, distributor points, PVC valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alter- nators, generators, radiators, water .pumps or other major engine parts, brake shoes or mufflers. Provided· however, that when a zone case or Zoning Board of Adjustment ruling prohibits gasoline service stations as a use on a certain tract of land, prior to the passage of Section 17.3-8a of this code, said prihibition shall also be deemed to .Prohibit Quick Oil Change Facilities and Quick Tune Facilities. 2.94 REAR LOT LINE: Any lot line contiguous to an alley. 2.95 REFRIGERATION SERVICE: The operation of a service business which involves servicing, making repairs, replacements and installations of refrigeration units with such operation being in accordance with Sect ion 2. 91. 14 2.96 REMNANT: A parcel of land left over after subdividing or resubdi- vision which is located and is confined on both sides of the sub- division or re-subdivision by buildings or other improvements that would prevent extension. · 2.97 RESTAURANT: A place where the primary business is the sale on pre- mises of prepared food, with separate adequate kitchen facilities for the preparation of the food to be sold. The adequacy of the kitchen facilities shall be based upon the· seating capacity of the restaurant and the type of menu offered. Mixed alcoholic beverages may be sold as an incidental use provi'ded the following regulations are met: 2.97-1 I 2.97-2 2.97-3 2.97-4 At least sixty (60) percent of the gross income shall be derived from the sale of .prepared foods. Lounge or bar areas shall not be permitted any outside entrances, separate identification, signs or other separate advertising. Live entertainment may be permitted, however, dancing shall be prohibited. Any person, firm, corporation, or association of per- sons holding a Zoning Certificate issued for a restau- rant serving mixed alcoholic beverages as an incidental use shall provide the City with a certified audit for each quarter of the calendar year, showing the gross income derived from the sale of prepared food and the gross income derived from the sale of mixed alcoholic beverages. 14-A I 2.98 RETAIL: The sale of goods, merchandise, services, and/or commodities to the general public. 2.99 2.100 2.101 2.102 2.103 2.104 2.105 ROOMING HOUSE: Any building or portion thereof which contains guest rooms·which are designed or intended to be used, let or hired out for occupancy by, or which are occupied by three or more, but not exceed- ing eleven (11) individuals for compensation, paid directly or indi- rectly, and no meals are served or provided the occupants. SCHOOL, ELEMENTARY AND HIGH: An institution which offers instructions in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Texas. High schools include Junior and Senior. SCHOOL, PRIVATE: An institution of learning having a curriculum equivalent to public schools (does not include specialty schools, such as dancing, music, beauty, mechanical, trade, swinnning or corrmercial schools.) - SCREENING FENCE: A solid six (6) foot fence or wall of wood or masonry construction or equivalent landscaped screen (2.63) which shall be installed prior to or concurrently with the first building permit . issued in a development, and which shall be permanently maintained. SERVANT'S QUARTERS: An accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person or persons employed on the premises for not less than fifty (50) percent of his or her actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such servants quarters shall not exceed six hundred (600) square feet. SIDE LOT LINE: Any lot line not a front or.rear lot line~ SIGN: Any words, numbers, figures, devices, designs, trademarks or other symbols, which attract attention to or make known such things as an individual, firm; profession, business, commodity or service, and which are visible from any public street. This definition of 11sign11 shall include any structure designed to be used for said display. For the purpose of removal, 11sign11 shall also include sign supports. 2.105(a) 2.lOS(b) 2.105(c) SIGN, ABANDONED: Any signs including off-premise signs unless owned and operated by a bona fide bill board com- pany, which no longer correctly directs or exhorts any ·person or advertises a bona fide business lessor, owner, product, service, or activity. SIGN; ADVERTISING VEHICLE OR TRAILER: Any vehicle or trail- er, which has as its basic purpose the advertisement of products or direction of people to a business or activity,· whether located on or off-premise. SIGN AREA: The area of any free-standing sign or billboard shall be the sum of the areas enclosed by the minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the _sign, including the fra~e 15 · I 2.105(d) 2.105(e) 2.105(f) 2.105(9) 2.lOS(h) 2.lOS(i) 2.105(j) 2.105(k) 2.105(1) 2.105(m) 2.lOS(n) 2.105(0) but excluding any supports. Sign area for all other signs shall be the sum of the areas of the minimum imaginary rectangles, triangles, or circles which fully contain all words, numbers, figures, devices, designs or trademarks by which anything is made known. SIGN,AUXILIARY: Any sign indicating general infonnation, such as pricing, trading stamps, credit cards, official notices or services required by law, trade associations, and signs giving directions to offices, rest rooms, exits and like facilities. SIGN, BILLBOARD: (See Section 2.14.) SIGN, CANOPY: Any sign affixed to a canopy. SIGN, COMMUNITY SERVICE: Any sign which solicits support for or advertises a non-profit community use, public use, or social institution. Such signs may include, but shall not be limited to seasonal holidays, such as Christmas or Easter, school activities, charitable programs, or reli- gious activities. SIGN, DAMAGED: Any sign which has become so deteriorated or dilapidated as to require more than minimal recondition- ing to restore it to an average, normal state of repair. SIGN, FREE-STANDING: Any sign permanently affixed to the ground and which is not affixed to a building and which is not used for off-premises advertising. SIGN, GOVERNMENTAL: Any sign indicating public works pro- jects, public services or other programs or activities conducted or required by any governmental subdivision. SIGN HEIGHT: Sign height shall be the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign. SIGN, PORTABLE: Any sign not permanently affixed to the ground or to a building and which is designed to permit removal and reuse. SIGN, REALTY: Any sign used to advertise a real estate development site or to advertise that real estate is for sale or lease. SIGN, ROOF: Any signs which are affixed to building roofs, except sloping roofs· •. SIGN, SETBACK: Sign setback shall be the hoizontal distance between a sign and the front lot line, as measured from that part of the sign, including its extremities and supports, nearest to any point on an imaginary vertical plane pro- jecting from the front lot line. 15-A ,, I 2.106 . 2. lOS{p) 2.105(q) 2.105(r) SIGN, SLOPING: Any sign affixe~ to a sloping roof. SIGN, TEMPORARY BUSINESS PROMOTION: Any sign which is designed to produce revenue by advertising services, sales, or other tempor_ary promotional programs and which have a limited duration. SIGN, WALL: Any sign affixed flat against and parallel to a building wall. For the purposes of this definition, wall shall include window areas. SITE PLAN: A detailed line drawing clearly describing the project and showing the following information. 2.106-1 2.106-2 2.106-3 2.106-4 Drawn to scale showing scale used, north arrow, date and title of project. Property lines, location and widths of all streets, alleys and easements. Proper dimensions on all fundamental features such as lot, buildings, parking spaces, landscaped areas. The location of setback lines, driveway openings and sidewalks. 15-B 2.107 2.107a 2.108 2.109 2.110 2.111 2.112 2.113 2.114 2.115 2.106-5 2.106-6 2. 106-7 2.106-8 2 .106-9 All prop·osed buildi_ngs, free-standing s_ign locations, parking areas and open-space. All required landscaping, together with a description of type of material to be used. A cross section of any required or proposed screening. Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density or floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features .of all signs; garbage collection facilities. Name, address and telephone number of the proponent. ·sTABLES, PUBLIC: A stable with a capacity for more than four (4) horses or mules. STACK LOT: A lot used for the outside storage of used materials, machinery, or equipment and to which the general public is not normally invited. STORY: That portion of a building included betweenthe surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and ceiling next above it. STORY ;·HALF: A story under a gable, hip or gambrel roof, the wall plates of which at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story, and which has an average height of not more than eight (8) feet and covering a floor area of not more than seventy-five (75) percent of the area of the floor on the story next below. STREET: A public way which extends primary means of access to abutting properties. STREET WIDTH: The horizontal distance between the side lines of,a street, measured at right angles to the side lines. STRUCTURE: Anything constructed or erected which requires location on the ground or attached to something having a location on the ground. TENT: A portable or temporary cover or shelter,·with or without side panels, which is supported by poles and is made of canvas., plastic or similar materials. TRAILER: Any portable or mobile vehicle on wheels, skids or rollers not structurally anchored to a foundation, either self-propelled, or propelled by an attached vehicle, animal-person or other pro- pelling apparatus~ which is used or may be used for commercial hauling, or storage purposes. TRAVEL TRAILER: Travel trailer and vacation travel trailer are used synonymously throughout the comprehensive zoning ordinance and mean 16 I 2.116 2.117 2.118 2.119 2.120 2.120a 2.121 2.122 2.123 2.124 2.125 a vehicular portable structure designed for a temporary or short-term occupancy.for travel, recreational and vacation uses. Such vehicle shall include travel trailer, pick-up camper, converted bus, tent- trailer o~ similar device used for temporary portable housing. These units shall be eight {8) feet or less in width and thirty-five (35) feet or less in length. TRAVEL TRAILER PARK: Travel trailer park means any tract of land under single ownership, ten (10) acres or more, where acconmodatfon is pro- vided for transient trailer use •. UNCOVERED PUBLIC PARKING LOTS: Any premises used for the purpose of parking motor vehicles for renumberation. No repairs or sales will be permitted on the premises. USE: The purpose for which land or building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained. USED CAR SALES AREA: ·An area used for the display and sale of used automobiles in operating condition and where no repair work is done except the minor adjustments of the cars to be displayed or sold on the premi~es. WASHATERIAS: A building or place where clothes · and linens are washed and thoroughly dried by the ~se of not exceeding three (3) employees and four (4) automatic single family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on the self-service basis, and where the fuel and power for the heating of water and drying shall be smokeless and odorless, and such as will not cast :off soot. WING OR EXTENSION: That part of a building projecting towards the rear lot line, if any, but only if the width of that projection is less than one half of the total building width. For the purposes of this definition, building width shall be the greatest dimension of the building, as measured at right angles to the front property line. WHOLESALE: The sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public. YARD: An open space between a building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward. YARD, FRONT: That yard between the front building line and the front lot line. YARD, REAR: That yard between the rear building line, and the rear lot line, if any. YARD, SIDE: That yard between the side building line, and the side lot line, if any. 17 SECTION 3 DISTRICTS The City of Lubbock is hereby divided into classes of use districts termed respectively: DH Design -Historical (Reserved) T Transition District R-1 Single Family District R-2 Two Family District A-1 Family Apartment District A-2 High Density Apartment District A-3 High-Rise Apartment District R-3 Multi-Family District AM Apartment -Medical District CA Commercial -Apartment District C-1 Neighborhood Service District C-2A Restricted Local Retail District C-2 Local Retail District C-3 General Retail District CB Central Business District (Reserved} C-4 Commercial District M-1 Light Manufacturing District M-2 Heavy Manufacturing District SU Specific Use District I I • 0 SECTION 4 ZONING MAPS Boundaries of the districts as enumerated in Section 3 of this Ordinance are hereby established and adopted on the Zoning Maps of the City of Lubbock which are made a part of this ordinance as fully as if the same were set forth here- in in detail, and such maps shall be in triplicate originals and the same is hereby adopted in triplicate, each of which shall bear the signature of the Mayor and attestation of the City Secretary for identification and authentica- tion; one of said triplicate originals shall be permanently sealed for the purpose of preservation, and is never to be changed in any manner and shall be hung in some convenient place in City Hall for the use and benefit of the public; one other triplicate original shall be hung in the office of the Secretary of the Planning and Zoning Connnission, and the remaining triplicate original shall be hung in the office of the Building Inspector of the City of Lubbock for the use and benefit of the public. It shall be the duty of the Secretary of the Planning and Zoning Corrnnission to keep up to date the triplicate originals on file in his office, and in the office of the Building Inspector, showing all the changes, amendments, or additions thereto, and noting on such maps the ordinance number and date of passage of each such change, amendment, or addition. When definite distance in feet are shown on the Zoning Maps, the district boundaries are intended to be along existing street, alley, or plotted lot lines, or an extension of the same. Whenever any street or alley is vacated, the particular zoning applying to the property fronting and/or abutting on any such street or alley shall upon such vacation be extension of the same. Color Legend Revision: (A) The triplicate original zoning map kept permanently under seal as pro- vided by Subsection 4.1 of the Zoning Ordinance No. 1695 of the City of Lubbock and dated April 6,'1955, shall be retained for reference purposes and shall re- main hanging in some convenient place in City Hall for the use and benefit of the public and s~all bear its original color legend which is as follows: Zoning District R-1 R-2 A-1 A-2 R-3 A-3 AM C-1 C-2A C-2 C-3 C-4 p M-1 M-2 19 Shade or Color Medium Yellow Light Orange Turquoise Light Green Medium Brown Dark Green Medium Blue Light Red Lavender Dark Orange Medium Red Dark Red Black Dark Gray Purple (B) A new triplicate original zoning map shall be permanently sealed for ·pre- servation and is never to be changed in any manner and shall be hung in some convenient place in City Hall for the use and benefit of the public; one other new triplicate original shall be hung in the office of the Planning and Zoning Commission; the remaining new triplicate original shall be hung in the office of the Building Inspector of the City of Lubbock for the use and benefit of the public. A new color legend is hereby adopted for each of the said new triplicate original mapss which shall be as follows: Zoning District T DH R-1 R-2 A-1 A-2 R-3 A-3 AA CA C-1 C-2A C-2 C-3 CB C-4 M-1 M-2 SU Shade or Color Overlay Pattern Overlay Pattern Medium Yellow Light Orange Turquoise Medium Green Medium Brown Dark Green Medium Blue Cerise Magenta Lavender Light Red Medium Red Overlay Pattern Dark Red Dark Gray Purple Overlay Pattern (C) The legend of each of said new triplicate original zoning maps shall, (~n addition to the color legend shown in Paragraph (B) of this Subsection) have another listing to indicate that Ordinance conditions exist on any piece of pro- perty, where such conditions imposed by ordinance exist. Property subject to conditions imposed by a zone change ordinance shall be identified by overlaying said property and color with a transparent dotted pattern. Said overlaying triplicate origninal to be kept under seal of the date of final passage of this ordinance and overlaying of the other two new triplicate originals shall be done by said Secretary as and when called for by the passage of a new ordinance im- posing conditions of zone change. (D} Each of the triplicate original zoning maps shall bear the signature of the Mayor and attestation of the City Secretary for identification and authen- tication. The new trip~icate original permanently sealed as provided in Para- graph (B} of this Subsection shall be retained unchanged; however, each of the other two new triplicate originals provided for in Paragraph (B) of this Sub- section shall be revised as and when the need arises in the manner prescribed in Subsection 4.2 of Zoning Ordinance No. 7084 of the City of Lubbock. The new color legend adopted by the Sebsection shall be used for such revisions. (E) Said new triplicate original zoning map which is permanently sealed, and said two other new triplicate original° zoning maps as same are currently amended and/or revised, are all hereby made a part of Zoning Ordinance No. 7084 of the City of Lubbock as fully as if all of said new triplicate originals were set forth herein in detail. 20 0 (F) The change in the color legend of Zoning Maps of the City of Lubbock shall never be deemed or construed as in any matter effecting or accomplishing a zone change on any property. (G) The triplicate original zoning maps may be maintained in single maps 0'r sectional maps for the reason that the expansion of the limits of the City of Lubbock makes it impractical in many instances to have the entire map in one sheet. {H) The triplicate original zoning maps shall be hung and maintained, as pro- vided, in the office of the Secretary of the Planning and Zoning Commission, in the office of the Building Inspector, and in a convenient place in City Hall for the use and benefit of the public. 21 0 .5.1 SECTION 5 11!" TRANSITION DISTRICT PURPOSE The purpose of this District is to protect existing and future develop- ment in newly-annexed territory, until the proper zone classification can be determined and established by zone change. 5.2 GENERAL PROVISIONS 5.2-1 5.2-2 0 All land annexed by the City of Lubbock shall be designated as 11T11 Transition District. Any activity related to development and/ or construction prior to zone classification change shall be approved in accordance with Section 17.3, which states, "No person shall erect, excavate, construct, or proceed or continue with theerectionor con- struction of any building or structure or add to, enlarge, move, im- prove, alter, repair, convert, insulate, or extend or demolish any building or structure or cause the same to be done in any newly an- nexed territory to the City of Lubbock without first applying for and obtained a building permit from the Building inspector or the City Council. 11 All uses existing at the time of annexation shall become non-con- forming and shall remain as such until proper zoning has been approved. 22 r-i6.1 SEC:rl(N 6 11R.-l" SINGLE FAMILY DISTRICT PURPOSE The purpose of this district is to promote orderly arid proper development of single family residential units; to protect established and future single family residential developments from inharmonious and harmful land uses; and to provide a "quality environment" for the residents of the district and city. 6.2 GENERAL PROVISIONS 6.2-1 6.2-2 6.2-3 Single family dwelling units constructed in any zoning district shall comply with the regulations of the 11R-l11 District. No business shall be pennitted in this district except as pro- vided for in this Section and in the 11Specific Use11 section of this Ordinance. No use :shall otherwi.se be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust. smoke, odor. glare. noise. vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law. 6.3 PERMITTED USES 6.3-1 6.3-2 6.3-3 6.3-4 6.3-5 6.3-6 6.3-7 Single family dwelling units. Public parks and recreational facilities owned by the City of Lubbock, including party .houses and/or convnunity centers. Home beauty shops as defined in Section 2.30. Garage Sales as specified in Section 2.52. Accessory buildings as follows, subject to all other requir.ements of this Section. 6.3-5-1 6.3-5-2 6.3-5-3 Temporary construction and/or field sales office, provided said structure is approved by the Administrator. Said structure to be removed after ten (10) day written notice from the Administrator. Private garage, tool house, greenhouse, storage house or pool house. Servants quarters or guest house on a lot containing ten thousand five hundred {10,500) square feet or more of net development area. Day Nurseries -Provided the residence is owner occupied and not more than six (6) children are kept at any one time. Public Schools. 6.4 CONDITIONAL USES The following uses may be pennitted when approved by the Zoning Board of Adjustment as specified in Section 25. 6.4-1 6.4-2 6.4-3 6.4-4 6.4-5 6.4-6 6.4-7 Customary home occupations as defined in Section 2.29 . Existing customary home occupations shall become non-conforming and shall require Zoning Board of Adjustment approval for continuing operation when a written protest is submitted to the Administrator signed by fifty (50) percent of all property owners within two hun- dred (200) feet of the property in question. . Churches and other places of worship, including accessory use and buildings. Fire stations. Public utility installations, excluding office building, garages and shops, railroad yards, loading yards and warehouses. Private conmunity centers for the recreational and social use of the residents of an addition, subdivision or residential development which is operated by an association or incorporated group for their use and benefit. Such use shall not be a co1TDT1ercial business operated for profit. Public athletic fields, stadiums. and similar athletic areas. 6.5 SPECIFIC USE To provide limited flexibility for modern urban design, additional uses in this District are provided in the 11Specific Use11 section of this Ordinance. 6.6 YARD REQUIREMENTS 6.6-1 6.6-2 6.6-3 Lots which front on cul-de-sac streets and which are contiguous to lots which do not front onto cul-de-sac streets shall have their front .yard measured from where ·they would normally be measured if the street did not terminate in a cul-de-sac but continued on its course. All other lots which front onto cul-de-sac ·streets shall have their front yard set back the same distance from the sidewalk or curb as established for those lots which front on cul-de-sac streets and which are contiguous to· lots which do not front onto cul-de-sac street. In no event, however, shall any residence have less than a 15 foot front yard ·setback and in no event shall a residential garage have less than a 20 foot front setback. Rear Yard. The minimum rear yard shall be fifteen (15) feet except that a one (1) story wing or extension may be built to within five (5) feet of the rear lot line. Side Yard. There shall be a minimum side yard of five (5) feet on each side of any structure, except that on corner lots the min~murn side yard adjacent to the street shall be ten (10) feet. Provided further, that in no case, shall a garage fronting onto a street be within twenty (20) feet of the street property lines except on . platted lots that were of record on July 19, 1975, a garage front1ng onto a street may be built within ten {10) feet of side property line, until July 19, 1978. ?A 6.6-4 Tool or storage houses, not to exceed two hundred (200) square feet in area or eight (8) feet in height with no utilities except electricity may be erected on the rear property line and with five (5) feet of the side property line. 6.7 LOT WIDTH. The minimum average width of any development lot shall be fifty (50) feet. 6.8 LOT AREA. The minimum area of any development lot shall be five thousand (5,000) square feet. 24-B 6.9 LOT COVERAGE. The combine area of all buildings shall not exceed forty {40) percent; except that unenclosed porches and permitted accessory buildings may cover an additional 5 percent. 6.10 HEIGHT LIMIT. Buildings designed for residential occupancy shall not exceed two (2} stories and shall not exceed thirty-five (35) feet. Detached garages and other accessory buildings shall not exceed the height of the primary unit.. 6.11 OFF-STREET PARKING 6.11-1 6.11-2 6.11-3 Off-Street Parking -Required. 6.11-1-1 6.11-1-2 Single family dwellings -two {2) spaces. Conditional uses. The number of required spaces shall be set by the Zoning Board of Adjustment, based on the require- ments for that use or similar type uses in this or other districts. Off-Street Parking -Permitted. 6.11-2-1 One (1) commercial vehicle may be parked on a lot in this district provided such parking is not prohibited by other · ordinances of the City of.Lubbock. Off-Street Parking -Provisions. 6.11-3-1 6.11-3-2 Any lighting of drive or-parking areas shall be so designed as not to cause any glare on any other residential or apartment zoned area in the vicinity. Plans for off-street parking areas, except for single family detached dwellings, shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the terms of thi~ district and the City's driveway requlations. ~7.1 SECTION 7 11 R-2 11 TWO FAMILY DISTRICT PURPOSE The purpose of this district is to promote stable, quality residential development of slightly increased densities and multiple occupancy. This district may include entire neighborhoods or when used in accordance with the intent of the comprehensive plan, may provide a ~lbuffer 11 district between low-density and high-density or non-residential districts. 7.2 GENERAL PROVISIONS 7.2-1 7.2-2 7.2-3 7.2-4 Duplex units contructed in any zoning district shall comply with the regulations of the 11R-211 District. No business shall be permitted in this district except as provided for in this Section and in the 11Speciffc Use11 section of this Ordinance. No more than two (2) dwe1ling units shall be permitted on a lot. No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their, property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law. PERMITTED USES 7.3-1 Any use unconditionally pennitted in the 11R-l11 District. 7.3-2 Two-family dwelling units. 7.4 CONDITIONAL USES The following uses may be permitted when approved by the Zoning Board of Adjustment in the manner specified in Section 25. 7 .4-1 Any use conditionally permitted in :,the 11R-l11 District. 7. 5 SPECIFIC USE · 7.6 To provide limited flexibility for modern urban design, additional uses in this district are provided in the "Specific Use 11 section of this Ordinance. YARD REQUIREMENTS 7.6-1 Lots which front on cul-de-sac streets and which are contiguous to lots which do not front onto cul-de-sac streets shall have their front yard measured from where they would normally be measured 26 / I 7.6-2 7.6-3 r \ if the street did not tenninate in a cul-de-sac but continued on its course. All other lots which front onto cul-de-sac streets shall have their front yard set back the same distance from the sidewalk or curb as established for those lots which front on cul-de-sac streets and which are continguous to lots which do not front onto cul-de-sac streets. In no event, however, shall any residence have less than a 15 foot front yard setback and in no event shall a residential garage have less than a 20 foot front setback. Rear Yard. The minimum rear yard shall be fifteen (15) feet, except that a one (1} story wing or extension may be built to within five (5} feet of the rear lot line. Side Yard. There shall be a minimum side yard of five (5) feet on each side of any structure, except that on corner lots the minimum side yard adjacent to the street shall be ten (10) feet. Provided further, that in no case, shall a garage fronting onto a street be within twenty (20) feet of the street property line. 26-B 7.7 ,/"')7.8 I 7. 9 7.10 7.11 7.12 7.13 LOT WIDTH. (50) feet. ' . The minimum average width of any development lot shall be fifty \_) LOT AREA. The minimum area of any development lot shall be six thousand (6,000) square feet. LOT COVERAGE. The combined area of all buildings shall not exceed forty (40) percent except that unenclosed porches and permitted accessory buildings may cover an additional five (5) percent. DENSITY. One (1) dwelling unit shall be permitted for each three thousand (3,000) square feet of development lot area, except that six thousand (6,000) square feet of development lot area shall be provided for a single family dwelling. FLOOR AREA RATIO. Duplexes and townhouses -.50 square feet of total floor area for each square foot of lot area. HEIGHT LIMIT. Buildings designed for residential occupancy shall not exceed two (2} stories and shall not exceed thrity-five (35) feet. Detached garages and other accessory buildings shall not exceed the height of the primary unit. OFF-STREET PARKING 7.13-1 7.13-2 7.13-3 Off-Street Parking -Required. 7.13-1-1 7.13-1-2 7.13-1-3 Single family dwellings -two (2) spaces. Two family dwellings -one and one-half (1½} spaces for each one· (1) bedroom unit and two (2) spaces for each two (2) or more bedroom units. Conditional uses -The number of required spaces shall be set by the Zoning Board of Adjustment, based on the requirements for that use or similar type uses in this or other districts. Off-Street Parking -Permitted. 7.13-2-1 One (1) convnercial vehicle may be parked on a lot in this district provided such parking is not prohibited by other ordinances of the City of 'Lubbock. Off-Street Parking -Provisions. 7.13-3-1 7.13-3-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apartment zoned area in the vicinity. Plans for off-street parking areas, except for single family detached dwellings, shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the terms of this district and the City's drive- way regulations. 27 SECTION 8 , .. / / \ "\ I ·, \ \ "8.1 11A-l11 FAMILY APARTMENT DISTRICT PURPOSE I 8.2 The purpose of this district is to promote medium density, multiple occupancy development. The regulations are designed to promote family oriented development which provides the occupants with the proper environ- mental quality, and compatibility with lower density ·development. The purpose .of this district is not to isolate multi-fa~ily units, but to encourage compatible residential land uses through effective planning and urban design. When adjacent to "R-111 or 11 R-211 zoned property, the proposed development in this district shall be so designed to provide for maximum compatibility with adjacent development. Architectural design, landscaping, screeing, and parking areas shall be properly provid~d to insure maximum protection of lower density uses. GENERAL PROVISIONS 8.2-1 8.2-2 No business shall be pennitted in this district except· as provided for in this Section and in the "Specific Use" section of this Ordinance. No use shall otherwise be permitted which is or would reasonably be injurious to.·the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor,·glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at coJTUTion law. 8.3 PERMITTED USES 8.3-1 8.3-2 8.3-3 8.3-4 Any use unconditionally pennitted in the 11R-l" or 11R-2 11 Districts. Multi-family dwellings and apartments. Row dwellings or townhouses which meets the 11A-l11 Floor Area Ratio and as provided in the 11Specific Use11 sectton of this ordinance. Accessory uses, ·limited to a rental office, club rooms, recreational rooms, covered pools and/or laundries. 8.4 CONDITIONAL USES 8.5 The following uses may be pennitted when approved by the Zoning Board of Adjustment in the manner specified in Section 25. 8.4-1 Any use conditionally permitted in the 11R-lJ' ·or 11R-211 Districts not otherwise pennitted in this District. SPECIFIC USE To provide limited flexibility for modern urban design, additional uses in this District are provided in the 11Specific Use11 section ·of this Ordinance. YARD REQUIREMENTS 28 I 8.7 8.8 8.6-2 8.6-3 Rear Yard. The minimum rear yard shall be fifteen (15) feet, except that a one (1) story extension or wing of a building may be built to within five (5) feet of the rear lot line. When the property abuts an "R-111 or "R-211 zoning district, even if separated by an alley, the minimum rear yard setback for any two (2) story structure shall be fifty {50) feet from the rear lot line. Side Yard. There shall be a minimum side yard of five (5) feet on each side of any single story structure, ten (10) feet on each side of any two (2) story structure, except that on corner lots the minimum side yard adjacent to the street shall be ten {10) feet. When the property abuts an 11R-l11 or 11R-2 11 zoning district, the minimum side yard setback for any two (2) story structure shall be fifty (50) feet. Provided further, that in no case, shall a garage fronting onto a street be within twenty (20) feet of the street property line. No side yard shall be required for individual row dwelling or townhouse units except at the end of each structure, where a ten (10) foot side yard shall be required. LOT WIDTH. The minimum lot width shall be fifty (50) feet except as provided for row dwellings arid townhouses in the 11Specific Use11 section. LOT AREA. The minimum lot area shall be six thousand {6,000) square feet for single family. The minimum lot area shall be six thousand (6,000) square feet for all other uses except as provided for row dwellings or townhouses in the 11Specific Use11 section. r\ 13.9 LOT COVERAGE. The combined area of all buildings shall not exceed forty (40) percent, except that permitted accessory uses may cover an additional five {5) percent of the development lot area. Row dwellings· or townhouses shall meet the requirements as specified in the 11Specifi c Use" section. 8.10 FLOOR AREA RATIO .. 50 square feet of total floor area for each one (1) square foot of lot area. 8.11 HEIGHT LIMIT. Buildings designed for residential occupancy shall not exceed two (2) stories and shall not exceed thirty-five (35) feet. Detached garages and other accessory .buildings shall not exceed the height of the-primary unit. 8.12 OFF-STREET PARKING 8.12-1 . Off-Street Parking -Required. 8.12-1-1 8.12-1-2 Single family dwellings -two {2) spaces. Two family dwellings -one and one-half (1½) spaces for each one (1) bedroom unit and two (2) spaces for each· unit with two (2) or more bedrooms. 29 I r-'s.13 8.12-2 8.12-1-3 8.12-1-4 8.12-1-5 Apartments -one and one-half (1 ½) spaces for each one (1) bedroom unit, two (2) spaces for each unit with two (2) bedrooms or more, plus one (1) additional space for each four (4) units in the development. Row d~ellings or townhouses -two (2) spaces per unit, plus one (1) space for each four (4) units in the development. Conditional uses -the number of required spaces shall be set by the Zoning Board of Adjustment, based on the requirements for that use or similar type uses in this or other districts. Off-Street Parking -Provisions. 8.12-2-1 8.12-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other resi- dential or apartment zoned area in the vicinity. Plans for off-street parking areas, except for single family detached dwellings, shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the terms of this district and the City's drive- way regulations. LANDSCAPING REQUIREMENT 8.13-1 8.13-2 Twenty (20) percent of the total development lot area shall be landscaped and pennanently maintained. One-fourth{¼) of the required landscaping shall be located in the required front yard. The parkway area shall be landscaped and pennanently maintained. This shall be in addition to the required landscaping. 30 I .,, 9.2 SECTION 9 11A-211 HIGH DENSITY APARTMENT DISTRICT PURPOSE The purpose of this district is to promote high density multi-family devel~pments and compatible land uses in harmony with lower density uses . The regulations are designed to provide .' the occupants with safe and con- venient housing within an aesthetically pleasing environment in proper relationship to adjacent land uses. When proposed development in this district is adjacent to "R-1" or "R-211 zoned property, the propos!ed development shall be designed to provide : for maximum compatibility with the adjacent development. Architectural design, landscaping, screening and parking areas shall be properly provided to insure maximum protection of lower density uses . GENERAL PROVISIONS 9.2-1 9.2-2 9.2-3 No business shall be permitted in this district except as provided for in this Section and in. the 11Speci fie Use11 section of this Ordinance. Accessory uses shall be so located within the development to insure maximum compatibility with the primary use and, shall be for the convenience of the occupants only. No use shall otherwise be pennitted which is or would reasonably be injurious to,the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, ·noise, vibration, trash, junk, water spray, or by reason of any conditi on which woul~d amount to a public nuisance at common law. 9.3 PERMITTED USES 9.3-1 9.3-2 9.3-3 9.3-4 9.3-5 9.3-6 Any use unconditionally permitted in the "A-1" District except single and two family units. Accessory uses as permitted in the "A-1" District. Boarding or rooming houses. Churches and other place of worship. Convalescent, nursing, orphan, maternity, and geriatrics homes. Accessory uses,.such as a beauty shop, barber shop and pharmacy shall be permitted wi'thin a building devoted to one of the primary uses in this section provided such accessory use is conducted for the convenience of the occupants and such accessory use does not have an entrance thereto except from inside the building, and further, no signs or advertisements of such accessory use shall be visible from outside the building. Day Nurseries. 31 / I 9.3-7 Efficiency units as defined in Section 2.44_/. 9.3-8 9.3-9 Lodges, sorority and fraternity houses. Parking areas and/or bui 1 dings. 31-B ,, 0 9.3-10 Private coITDTiunity centers for the recreational and social use of the residents of an addition, subdivision, housing development, or apartment complex which is operated by an association or incorporated group for their use and benefit. Such center may • contain a swimming pool, volleyball, tennis and croquet courts, parking lot, playground equipment and other similar recreational facilities. Such use shall be of the nature described above and shall be operated for the benefit and use of the occupants only as a .part of the development. 9.4 CONDITIONAL USES 9.5 The following uses may be permitted with approval by the Zoning Board of Adjustment in the manner specified in Section 25. 9.4-1 9.4-2 9.4-3 Any use permitted conditionally in the 11R-l11 , 11 R-211 , or "A-111 Districts and not otherwise permitted in this District. Private shcools, having a curriculum equivalent to that of ~ublic schools. Semi-public uses such as Community Club Houses, YMCA, YWCA, Boy Scou~s, Girl Scouts, Boys Clubs, and little Theaters. SPECIFIC USE To provide limited flexibility for modern urban design, additipnal uses in this District are provided .in the 11Specific Use" section of the Ordinance. YARD REQUIREMENTS 9 .. 6-1 .9 .6-2 9.6-3 Lots which front on cul-de-sac streets and which are cqntiguous to lots which do not front onto cul-de-sac streets shall_ have their front yard measured fran where they would normally be measured if the street did not. terminate in a cul-de-sac but continued on its course. All other ·lots which front onto cul-de-sac streets shall have their front yard set back the same distance from the sidewalk or cub as established for those ·lots which front on cul-de-sac streets and which are contiguous to lots which do not front·ontp cul-de-sac streets. In no event, however, sha 11 any resi dence .·have less than a fifteen (15) foot front yard setback and in no event shall a resi- dential garage have less than a twenty (20) foot ~ront setback • .Rear Yard. The minimum rear yard shall be five (5) feet, except when the proposed development is adjacent to an 11R-l11 or "R-211 district, even if separated by an alley, the minimum rear yard set- back for any two (2} story structure shall be fifty (50) feet from the rear lot line. Side Yard. There shall be a minimum side yard of five (5) feet on each side of any single story structure, ten (10) feet on each side of any two (2) story structure except that on corner lots the minimum side yard adjacent to the street ·shall be ten (10) feet. When the property abuts an 11 R-l" or 11R-211 zoning .district~ the minimum side yard setback for any two (2) story structure shall be fifty (50) feet. Provided further, that in no case, shall a garage fronting onto a street be within twenty (20) fee~ of the street property line. No side yard shall be required for individual row d.-lelling or townhouse units except at the end of each structure, where a ten (10) foot side yard shall be required. · 32 9.7 ,. I 9.9 9.10 9.11 9.12 LOT WIDTH. The minimum lot width shall be one hundred (100) feet for all other uses except as provided for row dwellings and townhouses in the 11Specific Use" sectio1 LOT AREA. The minimum lot area shall be ten thousand (lOsOOO) square feet, except as provided for row dwellings and townhouses in the 11Specific Use 11 section. LOT COVERAGE. The combined area of all buildings shall not exceed forty (40) percent, except that permitted accessory uses may cover an additional ten (10) percent of the development lot area. FLOOR AREA RATIO .• 75 square foot of total floor area for each one (1} square foot of lot area. HEIGHT LIMIT. Building shall not exceed three (3) stories and shall not exceed forty (40) feet. OFF STREET PARKING 9.12-1 Off-Street Parking -Required. 9.12-1-1 9.12-1-2 9.12-1-3 9.12-1-4 9.12-1-5 9.12-1-6 9.12-1-7 9.12-1-8 9.12-1-9 Apartments -one (1) space for each efficiency unit, one and one-half (1 ½) spaces for each one (1) bedroom unit, two (2) spaces for each unit with two (2) bedrooms, two and one-half (2 ½) spaces for each unit with three (3) or more bedrooms, plus one {1) additional space for each four (4) units in development. Row dwellings or townhouses -two (2) spaces per unit, plus one (1) space for each four (4) units in development. Day Nurseries -one· (1) space for each three (3) hundred (300) square feet of gross floor area, plus an off-street drive, having separate ingress and egress, capable of the temporary storage of three (3) or more vehicles. Boarding or rooming houses -one (1) space for each occupant. Lodges, sororities and fraternities -one (1) space for each one hundred (100) square feet of gross floor area. Churches and other places of worship -one (1) paved off-street parking space for each four (4) seats in the· .. auditorium. If pews are used, each twenty (20) inches in length shall equal one (1) seat. Private community centers -one (1) space for each three (3) members. Convalescent, nursing, maternity, and geriatrics, homes -three (3) spaces for each five (5) beds. Orphan homes -one {l) space for each five (5) beds. 33 9.13 9.12-2 9.12-1-10 Conditional uses -the number of required spaces shall be set by the Zoning Board of Adjustment, based on the requirements for that use or similar type uses in this or other districts. Off-Street Parking -Provisions. 9.12-2-1 9.12-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apartment zoned area in the vacinity. Plans for the off-street parking areas, except for single family detached dwellings, shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the terms of this district and the City's driveway regulations. LANDSCAPING REQUIREMENT 9.13-1 9.13-2 Fifteen (15) percent of the total development lot area shall be landscaped and permanently maintained. One-fourth(¼) of the required landscaping shall be located in the required front yard. The parkway area shall be landscaped and permanently maintained. This shall be in addition to the required landscaping. 34 SECTION 10 11R-311 MULTI-FAMILY DISTRICT The uses and regulations for this district shall be the same as provided in Section 9, 11A-211 High Density Apartment District. SECTION 11 "A-311 HIGH RISE APARTMENT DISTRICT 1.1 PURPOSE The purpose of this dis¢rict is to provide for high density high-rise developments in the imnediate vicinity of concentrations of commercial or population activities. The standards of the district are designed to minimize adverse affects on lower density residential developments in surrounding areas. When proposed development in ttiis district is adjacent to "R-111 to 11R-2" zoned property, the proposed development shall be designed to provide for maximum compatibility with the adjacent development. Architectural design, landscaping~ screening, and parking areas shall be properly provided to insure maximum protection of lower density uses. 11.2 GENERAL PROVISIONS 11.2-1 11.2-2 11.2-3 No business shall be permitted in this district except as provided for in this Section and in the "Specific Use" section of this Ordi nanKI:e •. Accessory uses shall be so located within the development to insure maximum compatibility with the primary use and, shall be for the convenience of the occupants only. No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust. smoke$ odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at conman law. 11.3 PERMITTED USES 11.3-1 11.3-2 Apartments. Accessory Uses. Accessory uses, as follows, providing service to the tenants are permitted provided such uses do not occupy · more than ten {10) percent of the gross floor area of tb~ building, are not visible or identifiable from the outside of the building, have no exterior signs, and with no entrance to such facilities except from a lobby or other conmon area within the building. 11.3-2-1 Barber or Beauty Shop. 11.3-2-2 Laundry and/or Ory Cleaning Pick-Up Station. 11.3-2-3 Managers or Rental Office. 11.3-2-4 Newsstand. 11.3-2-5 Private Recreational Center. 11.4 CONDITIONAL USES None. 36 I 11.5 11.6 11.7 11.8 11.9 0 11.10 11.11 11.12 SPECIFIC USE To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use" section of the Ordinance. YARD REQUIREMENTS 11.6-1 11.6-2 11.6-3 Front Yard. The minimum front yard shall be twenty-five (25} feet. Rear Yard. The minimum rear yard shall be twenty-five (25) feet, except when the proposed development is adjacent to an "R-111 or 11 R-211 District, even if separated by an alley, the minimum rear yard shall be one (1) foot for each one (1) foot of total height. Side Yard. The minimum side yard shall be twenty-five (25) feet, except when the proposed development is adjacent to an 11R-l 11 or "R-211 District, t~e minimum side yard shall be one (1) foot for each one (1) foot of total height. LOT WIDTH. The minimum lot width shall be two hundred (200) feet. LOT AREA. The minimum lot area shall be twenty thousand (20,000) square feet. LOT COVERAGE. The combined area of all buildings shall not exceed forty (40) percent of the lot area. FLOOR AREA RATIO. 3.5 square feet of floor area for each one (1) square foot of lot area. HEIGHT LIMIT. The maximum height limit shall be one hundred (100) feet. Provided, however, that buildings may be built to any height when that part of the structure in excess of one hundred (100) feet is recessed on all sides at a vertical angle of no less than fifteen (15} degrees. This angle being measured from a point·one hundred (100) feet above ground level at the property line to the pinnacle of the structure. OFF-STREET PARKING 11.12-1 11.12-2 Off-Street Parking -Required. 11.12-1-1 Apartments -one (1) space for each efficiency unit, one and one-half (1 ½) spaces for each one bedroom unit, two {2) spaces for each unit with two (2) bedrooms, two and one-half (2 ½) spaces for each unit with three (3) or more bedrooms, plus one (1) additional space for each four (4) units in development. Off-Street Parking -Provisions. 11.12-2-1 11.12-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other re5identia1 or apartment zoned area in the vicinity. Plans for the off-street parking areas shall be submitted to be checked and approved as to number of spaces, access9 37 ' .. .. .. and ingress and egress by the City Traffic Engineer under the tenns of this District and the City's driveway regulations. 11.13 LANDSCAPING AND OPEN SPACE REQUIREMENTS 11.13-1 11.13-2 An area equivalent to twenty-five {25) percent of the total development lot area shall be provided as usable open-space •. This area may include balconies, sundecks, swimming pools, roof gardens, etc. Such area may be roofed and enclosed on three (3) sides. One (1) side shall remain open at all times. One-third (1/3) of the required usable open-space shall be at ground level and shall be landscaped and pennanently maintained. The parkway area shall be landscaped and permanently maintained. This shall be in addition to the required landscaping. 38 ,, ('12.1 I 12.2 SECTION 12 11AW1 APARTMENT-MEDICAL DISTRICT PURPOSE The purpose of this district is to provide for quality medical an_d related · development through proper planning and design. The regulations are intended to produce an attractive environment which will insure the compatibility between medical and other uses; encourage and protect future development; provide .modern facilities for the public; provide proper accessory uses; and promote stabilize, and enhance the City as a medical center. When proposed development in this district is adjacent· to any residentially zoned propert~ the proposed development shall be designed to provide for maximum compatibility with the adjacent development. Architectural design, landscaping. screening, and parking areas shall be properly provided to insure maximum protection of the ajdacent uses. GENERAL PROVISIONS 12.2-1 12.2-2 12.2-3 When proposed development in this district is adjacent to »R-1" or "R-211 zoned property, on either side or to the rear, even if separated by an alley, a six (6) foot solid screening fence of wood or masonry construction or an equivalent landscaping screen shall be installed and permanently maintained on the development lot along the adjacent property line. Accessory uses shall be located and designed to provide for compatibility with the primary use and shall be for the convenience of the occupants and their clientele. No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at co1llllon law. · 12.3 PERMITTED USES 12.3-1 12.3-2 12.3-3 12.3-4 12.3-5 12.3-6 12.3-7 Apartments as specified in the 11A-211 Section, including efficiency units. Blood Bank. Convalescent, nursing, orphan, maternity, or geriatrics homes. Day Nurseries. Hospital, clinic or medical office, except veterinary facilities. Medical, dental, and optical laboratories providing service for individuals of the medical profession and their clientele. Administrative offices for the medical profession including independent management, legal, accounting and bookkeeping service for doctors, hospitals, clinics, and medical personnel. 39 12.3-8 Pharmacy, not exceeding two thousand (2,000) square feet of gross floor area, limited to retail sale of drugs, medicines and/or medical supplies only. 39-B I 12.4 12.3-9.. Schools, private or public, directly related to the medical profession. 12.3-10 Accessory uses as follows, provided such uses are not visible or identifiable from outside the building in which they are located. have no exterior signs, have no entrance except from a lobby or other conmon area within the building and are for the use and convenience of the occupants and/or the clientele. 12.3-10-1 Barber Shop. 12.3-10-2 Beauty Shop 12.3-10-3 Flower Shop . 12.3-10-4 Gift Shop. 12.3-10-5 Newsstand. 12 .3-10-6 Restaurants. CONDITIONAL USES The fo 11 owing uses may be penni tted when. approved by the Zon-i ng Board of Adjustment in the manner specifi ed in Section 25. 12.4-1 Barber Shop. 12.4-2 Beauty Shop . 12.4-3 Establishments which sell, fit, or repair devices for the correction or prevention of physical deformities. 12.4-4 Flower Shop . 12.4-5 Gift Shop. 12.4-6 . Newsstand. 12.4-7 Ambulance service and other medically related facilities of a primarily service type nature not provided for as permitted uses in this District. 12.5 SPECIFIC USE To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use" section of this Ordinance. 12.6 YARD REQUIREMENTS 12.6-1 Front Yard. The minimum front yard shall be twenty-five (25) feet, except that when the entire front yard is landscaped and pennanently maintained, the required front yard may be fifteen (15) feet. This section shall not be construed so as to permit 40 12.7 12.8 12.9 12.10 12.11 (' 12.12 12.6-2 12.6-3 obstructions of any nature on corner lots within the visibility triangle as defined in Section 27.2-6-9-2. Rear Yard. The minimum rear yard shall be five (5) feet. When proposed development is adjacent to any "R-1" or "R-211 Districts even if separated by an alleys the rear yard shall be a minimum of one (1) foot for each one (1) foot of total height. Side Yard. There shall be a minimum· side yard of ten (10) feet on each side of any one (l} or two (2) story structure, and twenty (20) feet on each side of any structure with more than two (2) stories. When proposed development is adjacent to an,y 11R-l11 or 11R-211 District, the minimum side yard shall be one (1) foot for each one (1) foot of total height. LOT WIDTH. The minimum lot width shall be fifty (50) feet, except as provided for apartments in the "A-2 11 regulations. LOT AREA. The minimum lot area shall be six thousand (6,000) square feet except as provided for apartments in the "A-211 regulations. LOT COVERAGE. The combined area of all buildings shall not exceed forty (40) percents except that permitted accessory uses in apartment developments may cover an additional ten (10) percent of the development lot area. FLOOR AREA RATIO. Apartments shall meet the requirements of the 11A-2n District. HEIGHT LIMIT. Buildings shall not exceed three (3) stories and shall not exceed forty .(40) feet. Provided, however, that buildings may be erected to a height of seventy-five (75) feet when the front, s·ide and rear yards are increased one (1) additional foot for each foot such buildings exceed forty (40) feet. OFF-STREET PARKING 12.12-1 Off-Street Parking -Required. 12.12-1-1 12.12-1-2 12.12-1-3 12.12-1-4 12.12-1-5 Apartments -one (1) space for each efficiency unit, one and one-half (1 ½l spaces for each one bedroom unit, two (2) spaces for each unit with two bedrooms, two and one-half (2 ½) spaces for each unit with three {3) or more bedrooms1 plus one (1} additional space for each four (4} units in the development. Hospital -two (2) spaces for each bed. Clinic and Offices -one (1) space for each one hundred and fifty (150) square feet of gross floor area. Convalescent, nursing, maternity, or geriatrics homes. Three (3) parking spaces for each five (5) beds. Orphan home -one (1) space for each five (5) beds. 41 12.12-2 12.12-1-6 Medical, dental, or optical laboratories -one (1) space for each one hundred and fifty (150) square feet of gross floor area. 12.12-1-7 Schools -one (1) space for each one hundred and fifty (150) square feet of gross floor area. 12.12-1-8 Day Nurseries -one (1) space for each three hundred (300) square feet of gross floor area plus an off- street drive, having separate ingress and egress,. capable of the temporary storage of three (3) or more vehicles. 12.12-1-9 Blood Bank -one (1) space for each two hundred (200) square feet of gross floor area. 12.12-1-10 Conditional uses -the number of required spaces shall be set up by the Zoning Board of Adjustment, based on the requirements for that use or similar type uses in this or other districts. Off-Street Parking -Provisions. 12 ,.12-2-1 12.12-2-2 All parking spaces required herein shall be located on the same lot with the building or use served. except that where an increase in the number of spaces is required by a change or enlargement of a permitted use or building, the required additional spaces may be located a distance not to exceed three hundred (300) feet from the property line. · Plans of proposed off-street parking areas shall be submitted to the City Traffic Engineer to be checked for compliance under the terms of this district and the City's driveway regulations. 12.13 LANDSCAPING REQUIREMENTS 12.13-1 12.13-2 Apartments: 12.13-1-1 12.13-1-2 Fifteen (15) percent of the total development lot area shall be landscaped and permanently maintained. One-fourth(¼) of the required landscaping shall be located in the required front yard. The parkway area shall be landscaped and permanently maintained •. This area shall be in addition to the required landscaping. All Other Uses: 12.13-2-1 Ten (10} percent of the total development lot area shall be landscaped and pennanently maintained. All of the required landscaping shall be located between the building lines and adjacent streets. 42 12.13-2-2 I The parkway area shall be landscaped and permanently maintained . This area shall be in addition to the required landscaping. 43 SECTION 13 11CA11 COMMERCIAL -APARTMENT DIST RI CT '.13.1 PURPOSE The purpose of this district is to allow residential-conmercial buildings to develop within or adjacent to commercial districts. Corrmercial uses should be compatible with residential uses. When proposed development is adjacent to any residentially zoned property, the proposed development shall be designed to provide for maximum compatibility with the adjacent development. Architectural design, landscaping, screening, and parking areas shall be properly provided to insure maximum protection of lower density uses . 13.2 GENERAL PROVISIONS 13.2-1 13.2-2 13.2-3 Commercial uses shall be designed and so located within the development to insure maximwn compatibility with the residential use and with adjacent uses. . The total gross floor area used for conmercial uses shall not exceed forty (40) percent of the total gross floor area within the development. No use shall otherwise be pennitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use arid enjoyment of their property by reason , of the emission of dust~ smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at corranon law. 13.3 PERMITTED USES 13.3-1 Any use unconditionally permitted in the 11A-l" and "A-211 District,. except for single and two-family units. 13.3-2 Antique Shop. 13.3-3 Art galleries, commercial. 13.3-4 Arts and Crafts store. 13.3-5 Bake shop, candy store, delicatessen, Donut shop, Pie shop. 13.3-6 Banks and Savings and Loan Companies. 13.3-7 Beauty or Barber shops. 13.3-8 Book or stationery shops or newsstand . 13.3-9 Camera shop. 13.3-10 Churches. 13.3-11 Coin and stamp shops. 44 0 13.3-12 Conmercial parking lot or building. No gasoline sales permitted. 13.3-13 Day Nurseries. 13.3-14 Dress shop. 44~B · 0 13.3-15 13.3-16 13.3-17 13.3-18 13.3-19 13.3-20 13.3-21 13.3-22 13.3-23 13.3-24 13.3-25 13.3-26 13.3-27 13.3-28 13.3-29 13.3-30 13.3-31 13.3-32 13.3-33 13.3-34 13.3-35 13.3-36 Drug store. Florist shop. Gift shop. Grocery store with not over three thousand (3,000) square feet of total floor area. No gasoline sales permitted. Hat shop. Health or athletic club. Hobby shop. Household appliance sales and repair shop -small appliances. Music or record shop. (No cabinet finishing or refinishing) Offices. Office supply -no printing operation permitted. Radio and Television repair shops. Radio studio, with no tower or antenn~. Reducing studio. Restaurants, when designed for service and consumption of food inside the building only. Restaurants with sales of mixed alcoholic beverages as an 11incidental use. 11 Self-service laundry or washateria and dry cleaning 11 pick-up11 stations. Shoe or boot repair shop. Shoe store. Studios -art, teaching, dance, music, drama, photographic~ interior decorating. Tailor shop. Toy store. 13.4 CONDITIONAL USES The following uses may be permitted when approved by the Zoning Board of Adjustment in the manner specified in Section 25. 13.4-1 Bar, Night Club or Lounge. 45 I 13.5 13.6 SPECIFIC USE To provide for limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use" section of this· Ordinance. YARD REQUIREMENTS 13.6-1 13.6-2 13.6-3 Front Yard. The minimum front yard shall be forty-three (43) feet or no less than the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots shall be forty-three (43) feet. This section shall not be construed so as to permit obstruction of any nature on corner lots within the visibility triangle as defined in Section 27.2-6-9-2. Rear Yard. There shall be no rear yard requirement. except there shall be a minimum rear yard of five (5) feet adjacent to any street, or no less than the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots shall be five (5) feet. Where the property is adjacent to any 11R-l 11 or 11R-2 11 Zoning District even if separated by an alley, the minimum rear yard shall be one (1) foot for each one (1) foot of total height. Side Yard. There shall be no side yard requirement, except there shall be a minimum side yard of five (5) feet adjacent to any street, or no less than the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots shall be five (5) feet. Where the property is adjacent to any 11R-l 11 or "R-2" zoned property, the minimum side yard shall be one (1) foot for each one (1) foot of total height. 13.7 LOT WIDTH. There shall be no minimum lot width. 13.8 LOT AREA. There shall be no minimum lot area. 13.9 LOT COVERAGE. There shall be no lot coverage requirement. 13.10 FLOOR AREA RATIO. There shall be no floor area ratio requirement. 13.11 HEIGHT LIMIT. There shall be no height limit. 13.12 OFF-STREET PARKING 13.12-1 Off-Street Parking -Required. 13.12-1-1 Apartments -one (1) space for each efficiency unit, one and one-half (1 ½) spaces for each one (1) bedroom unit, two (2) spaces for each unit with two (2) bedrooms or more, plus one (1) additional space for each four (4) units in the development. /I&;. 13.12-2 13.12-1-2 Row dwellings or townhouses -two (2) spaces per unit, plus one (1} space for each four (4) units in the devel- opment. 13.12-1-3 Day Nurseries -one (1) space for each three hundred (300) square feet of gross floor area, plus an off-street drive, having separate ingress and egress, capable of the tempor- ary storage of three (3) or more vehicles. 13.12-1-4 Board or rooming houses -one (1) space for each occupant. 13.12-1-5 Churches and other places of worship -one (1) paved off- street parking space for each four (4) seats in the auditorium. If pews are used, each twenty (20) inches in length shall equal one {1) seat. 13.12-1-6 Private community centers -one (1) space for each three (3) members. 13.12-1-7 Reserved. 13.12-1-8 Offices -one {l) space for each two hundred (200) square feet of gross floor area. 13.12-1-9 Restaurant, bar, night club, or lounge -one {1) space for each one hundred (100) square feet of gross floor area. 13.12-1-10 All permitted uses not listed above -one (1) spaced for each one hundred and fifty {150) square feet of gross floor area. Off-Street Parking -Provisions. 13.12-2-1 13.12-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apart- ment zoned area in the vicinity. · Plans for the off-street parking areas shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the tenns of this District and the City's driveway regula- tions. 13.13 LANDSCAPING REQUIREMENTS 13.13-1 13.13-2 An area equivalent to twenty (20) percent of the toal development lot area shall be provided as usable open-space. This area may include balconies, sundecks, swimming pools, roof gardens, etc. Such area may be roofed and enclosed on three (3) sides. One (1) side shall remain open at all times. One-fourth {1/4) of the required landscaping shall be at ground level. The parkway area shall be landscaped and pennanently maintained. This shall be in addition to the required landscaping. 47 ., 14.1 I 14.2 SECTION 14 11C-l11 NEIGHBORHOOD SERVICE DISTRICT PURPOSE The purpose of this district is to provide local neighborhood residential areas generally within a¼ mile to½ mile radius with limited convenient services and small retail type items. Such .districts should be adjacent to collector streets, or thoroughfares. GENERAL PROVISIONS 14.2-1 14.2-2 14.2-3 14.2-4 14.2-5 All corrmercial uses within this district shall be retail sales and/or service type, selling new merchandise only. All business shall be conducted entirely within a building. Out- side storage and/or display of any type shall be prohibited. No residential use shall be pennitted in this district except as provided for in the "Specific Use" section of this Ordinance. No ~s~ s~all otherwise.be permitted which is or would reasonably be 1nJur1ous to the neighborhood residents or which would interfere with the ~ea~onable use and enjoyment of their property by reason ~f the em1ss1on of dust, smoke, odor~ -glare, noise, vibration, trash, Junk, water spray, or by reason of any ·condition which would amount to a public nuisance at conman law. 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, or an equivalent landscape screen shall be installed and permanently maintained on the d~velop- ment lot along the adjacent property line. A solid wall of a · · · building, when pennitted to be located on_ the property line, shall constitute adequate screening. 14.3 PERMITTED USES 14.3-1 14.3-2 14.3-3 14.3-4 14.3-5 14.3-6 Antique, ceramic, gift, and/or florist shop not exceeding four hundred (400} square feet in area. Beauty or barber shop. Christmas tree sales -December 1-26th. All trees must be ten (10) feet from any property line. All trees, signs, and other items, including temporary structures must be removed by the following January 5th. Grocery store, not exceeding three thousand (3,000) square feet of gross floor area. (No gasoline pumps permitted.) Radio, television, or stereo repair shops. Self-service laundry or dry cleaning pick-up stations. 48 I 14.4 14.3-7 14.3-8 14.3-9 Shoe repair shop. Small household appliance sales or repair shops. Studios -art, dance, music, drama, photo, or interior decorating. CONDITIONAL USES 14.5 SPECIFIC USE 14.6 To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use" section of this Ordinance. YARD REQUIREMENTS 14.6-1 14.6-2 Front Yard. The minimum front yard shall be forty-three (43) feet, or no less than the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots shall be forty-three (43) feet. This section shall not be construed so as to pennit obstructions of any nature on corner lots within the visibility triangle as defined in Section 27.2-6-9-2. Rear and Side Yard. There shall be no rear or side yard require- ment, except when the property is adjacent to any 11R-l 11 or "R-211 zoned property, even if separated by an alley, the minimum rear and/or side yard shall be five (5) feet for any single story structure, and ten (10) feet for any two (2) story structure. On corner lots, there shall be a minimum side yard of ten (10) feet adjacent to the street. 14.7 LOT WIDTH. There shall be no minimum lot width. 14.8 LOT AREA. There shall be no lot area requirements. 14.9 LOT COVERAGE. There shall be no lot coverage requirements. 14.10 FLOOR AREA RATIO. There shall be no floor area ratio requirement. 14.11 HEIGHT LIMIT. There shall be a maximum height limit of two (2) stories not exceeding a total height of twenty-four (24) feet. When adjacent to any 11R-P or 11R-211 District, even if separated by an alley, no windows shall be permitted above ten (10) feet. 14. 12 OFF-STREET PARKING 14.12-1 Off-Street Parking -Reguired. 14.12-1-1 The following uses shall provide one (1) space for each one hundred and fifty (150) square feet of gross floor area : 49 14.12-2 14.12-1-2 14.12-1-3 14.12-1-1-1 14.12-·1-1-2 14.12-1-1-3 14.12-1-1-4 Beauty or Barber Shop. Radio, television or stereo repair shops. Shoe repair shop. Small household appliance sales or repair shops. The following uses shall provide one {1) space for each two hundred (200) square feet of gross floor area: 14.12-1-2-1 14.12-1-2-2 14.12-1-2-3 Antique, ceramic, gift or florist shop. Grocery store. Self-service laundry or dry cleaning pick-up station. Studios -art, dance, music, drama, photo, or interior decorating -one (1) space for each three hundred (300) square feet of gross floor area. Off-Street Parking -Provisions. 14.12-2-1 14.12-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apartment zoned area in the vicinity. Plans for the off-street parking areas shall be sub- mitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the terms of this district and the City's driveway regulations. 14.13 LANDSCAPING REQUIREMENTS 14.13-1 14.13-2 Five (5) percent of the total development lot area shall be land- scaped and permanently maintained. The total required landsc~ping shall be located between the building lines and the adjacent streets. The parkway areas shall be landscaped and permanently maintained. This shall be in addition to any required landscaping. 50 ✓1s.1 15.2 SECTION 15 11C-2A11 RESTRICTED LOCAL RETAIL DISTRICT PURPOSE The purpose of this district is to provide limited local retail and service cormnercial uses which serve one or several neighborhoods. Such districts may be located on existing shallow corrmercial centers adjacent to thoroughfares. GENERAL PROVISIONS 15.2-1 All commercial uses within this district shall be retail sales and/or service type> selling new merchandise only. 15.2-2 All business shall be conducted entirely within a building. Outside storage and/or display of any type shall be prohibited. 15.2-3 No residential use shall be permitted in this district except as provided for in the "Specific Use" section of this Ordinance. 15.2-4 No use shall otherwise be pennitted.which is or would reasonably be .injurious to the neighborhood residents or which would interfere with the .reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public-nuisance at common law. 15.2-5 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 constructi-on, or an equivalent landscape screen shall be installed _and pennanently maintained on the development lot along the adjacent property line. A solid wall of building, when pennitted to be located on the property line shall constitute adequate screening. 15.3 PERMITTED USES 15.3-1 15.3-2 15.3-3 15.3-4 15.3-5 15. 3-6 15.3-7 15 .3-8 Antique shop. Arts and Crafts store. Art galleries, conmercial. Bake shop, candy store, delicatessen, Donut shop, Pie shop. Banks and Savings and Loan Companies. Beauty or Barber shops. Blood bank. Book or stationery shops or newsstand . 51 I Camera shop. 15.3-9 15.3-10 Christmas tree and Christmas wreath sales from December 1 thru 26th. (Outside business and display permitted provided that all trees and wreaths and signs are not closer than 10 feet to any street property line and provided further that all unsold trees, wreaths, and other items used in conjunction with such sales shall be removed by the following January 5). Churches. Coin and stamp shops. 15.3-11 15.3-12 15.3-13 Commercial parking lot or building. (No gasoline sales) 15.3-14 Convalescent, nursing, orphan, maternity and gereatric homes . 15.3-15 Day Nurseries. 15 .3-16 Dress shop. 15.3-17 Drug store. 15.3-18 Fire stations. 15.3-19 Florist shop. 15.3-20 Funeral home or mortuary (ambulance service prohibited.) 15.3-21 Gift shop. 15.3-22 Grocery store with not over three thousand (3,000) square feet of total floor area. {No gasoline pumps permitted.} 15.3-23 Gun shop. 15.3-24 Hat shop. 15.3-25 Health or athletic club. 15.3-26 Hobby shop. 15.3-27 Household appliance sales and repair shop -small appliances. 15.3-28 Lodges, sororities and fraternities. 15.3-29 Music or record shop. 15.3-30 Offices. 15.3-31 Office supply -no printing operation pennitted. 15.3-32 Paint, tile, carpet, wall covering and floor covering store. 15.3-33 Private schools having a curriculum equivalent to that of the public schools. 52 ,,- I (' 15.3-34 15.3-35 15.3-36 15.3-37 15.3-38 15.3-39 15.3-40 15.3-41 15.3-42 15.3-43 15.3-44 15.3-45 15.3-46 Radio and Television repair shops. Radio studio, with no tower or antenna. Reducing studio. Restaurants, when designed for service and consumption of food inside the building only. (as an incidental use, accessory pass- out windows for delivery of food to be consumed off-premises not occupied by the restaurant building shall be pennitted.) Restaurants with sales of mixed alcoholic beverages as an "incidental use." Self-service laundry of washateria and dry cleaning 11 pick-up11 stations. Semi-public uses such as YMCA, YWCA, Boy Scouts, Girl Scouts, Boys Clubs and Little Theaters. Shoe or boot repair shop. Shoe stor.e. Sporting goods store. Studios -art, teaching, dance, music, drama, photographic, interior decorating. Tailor shop. Toy store. 15.4 CONDITIONAL USES 15.5 The following uses may be permitted when approved by the Zoning Board of Adjustment in the manner specified in Section 25. 15.4-1 15.4-2 15.4-3 Dance floor as an incidental use within a restaurant. Pet shop -no boarding of animals pennitted. Public utility installations such as, but not limited to, railroad right of way and tracks, transfonner stations, transmission lines, telephone exchanges, lift stations, pumping stations but in no event shall this be construed as permitting such uses as garages and shops, railroad yards, loading yard or warehouses. SPECIFIC USE To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use" section of this Ordinance. 53 15.6 YARD REQUIREMENTS 15.7 15.8 15.6-1 15.6-2 Front Yard. The minimum front yard shall be forty-three (43) feet, or no less than the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots shall be forty-three (43) feet. This section shall not be construed so as to pennit obstructions of any nature on corner lots within the visibility triangle as defined in Section 27.2-6-9-2. Rear and Side Yard. There shall be no rear or side yard require- ment, except when the property is adjacent to any 11R-l 11 or 11R-211 zoned property, even if separated by an alley, the minimum rear and/or side yard shall be five (5) feet for any single story . structure, and ten (10) feet for any two (2) story structure. On corner lots, there shall be a minimum side yard of ten (10) feet adjacent to the street. LOT WIDTH. There shall be no minimum lot width. LOT AREA. There shall be no lot area requirements. 15.9 LOT COVERAGE. There shall be no lot coverage requirements. 15.10 FLOOR AREA RATIO. There shall be no floor area ratio requirement. 15.11 HEIGHT LIMIT. There shall be a maximum height limit of two (2) stories not exceeding a total height of twenty-four (24) feet. When adjacent to any 11R-l11 or "R-211 District, even if separated by alley, no windows· shall be pennitted above ten (10} feet. 15.12 OFF-STREET PARKING 15.12-1 Off-Street Parking -Required. 15.12-1-1 15.12-1-2 15.12-1-3 15.12-1-4 15.12-1-5 15.12-1-6 15.12-1-7 Semi-public uses such as YMCA, YWCA, Scouts, Boys Club, etc. one (1) space for each five hundred (500) square feet in activity areas such as gymnasium or swimming pools plus one (1) space for each two hundred (200) square feet of other building areas. little Theaters -one (1) space for each four (4) seats. Orphan homes -one {l) space for each five (5) beds. Convalescent, nursing, maternity and geriatrics homes. Three (3) spaces for each· five (5) beds. Churches, funeral home or mortuary -one (1) space for each four (4) seats in the auditorium or chapel. Lodges, sororities and fraternities -one (1) space for each one hundred (100) square feet of gross floor area. Day Nurseries -one (1) space for each three hundred (300) square feet of gross floor area plus an off-street drives having separate ingress and egress, capable of the temporary storage of three (3) or more vehicles. 54 n I n 15.13 15.12-2 15.12-1-8 15.12-1-9 Reserved. The followin9 uses shall provide one (1) space for each .two hundred (200) square feet of gross floor area. 15.12-1-9-1 15.12-1-9-2 15.12-1-9-3 15.12-1-9-4 15 .12-1-9-5 15.12-1-9-6 Grocery store. Offices. Antique shop. Gun shop. Self-service laundry or dry cleaning pick- up station. Tailor shop. 15.12-1-10 The following uses shall provide one (l} space for each three hundred (300) square feet of gross floor area. 15.12-1-10-1 Studios -art. dance~ music. drama. photo and/or interior decorating. 15.12-1-10-2 Blood bank. 15.12-1-10-3 Radio studio. 15.12-1-11 Restaurants -one (1) space for each one hundred (100) square feet of gross floor area. 15.12-1-12 Restaurants serving mixed alcoholic beverages -one (1) space for each seventy-five (75) square feet of gross floor area. 15.12-1-13 Conditional Uses -all uses shall be set by the Zoning Board of Adjustment, based on the requirements of that use, or similar type uses in this or other districts. 15.12-1-14 All pennitted uses not listed above -one (1) space for each one hundred and fifty (150) square feet of gross floor area. Off-Street Parking -Provisions. 15.12-2-1 15.12-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residen- tial or apartment zoned area in the vicinity. Plans for the off-street parking areas shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the tenns of this district and the City's driveway regula- tions. LANDSCAPING REQUIREMENTS. 55 15.13-1 / n 15.13-2 Five (5) percent of the total development lot area shall be landscaped and pennanently maintained. The total required landscaping shall be located between the building lines and the adjacent streets. The parkway areas shall be landscaped and permanently maintained. This shall be in addition to any required landscaping. 56 ~16. l SECTION 16 "C-211 LOCAL RETAIL DISTRICT PURPOSE The purpose of this district is to provide limited local retail and service corronercial uses which serve one or several neighborhoods. Such districts may be located on existing thoroughfares, or at the intersections of major thoroughfares. 16.2 GENERAL PROVISIONS 16.2-1 16. 2-2 16.2-3 16. 2-4 16. 2-5 All uses within this district shall be of local retail sales ·and/or service type. All business shall be conducted entirely within a building. Outside storage and/or display of any type shall be prohibited. No residential use shall be permitted in this district except as provided for in the "Specific Use" section of this Ordinance. No ~s: s~all otherwise be pennitted which is or would reasonably b~ 1nJur1ous to the neighborhood residents or which would interfere with the :ea~onable use and enjoyment of their property by reason ~f the em1ss1on .of dust, smoke, odor, glare, noise, vibration, trash, Junk, water spray, or by reason of any condition which would amount to a public nuisance at common. law. 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 or an equivalent landscape screen shall be installed and permanently maintained on the development lot along the adjacent oroperty line. A solid wall of a building, when permitted to be located on the property line, shall constitute adequate screening. 16.3 PERMITTED USES 16. 3-1 16.3-2 16.3-3 16.3-4 16.3-4a 16. 3-5 0 16. 3-6 16.3-7 16.3-8 Any use unconditionally pennitted in the 11 C-2A11 District. Bicycle and lawnmower sales and repair shops. Commercial schools, except mechanical or trade. Convalescent or sick room -supplies. Duplicating/Copy Service. Family -bundle laundry not exceeding five thousand {5,000) square feet of gross floor area. Funeral home or mortuary. (Ambulance service permitted.) Furniture store, new. Hardware store. 57 16.3-9 I Office supply with job printing and/or copy service as an accessory use. 57B 16.3-10 16. 3-11 Pet shop -no boarding of animals permitted. Grocery store with over 3~000 but not over 35,000 square feet of total floor area. (No gasoline pumps pennitted) 16.4 CONDITIONAL USES The following uses may be permitted when approved by the Zoning Board of Adjustment in the manner specified in Section 25. 16.4-1 16.4-2 16.4-3 Dance floor as an incidental use within a restaurant. Non-profit training center with retail sales as an incidental use. Rental store (no outside storage or display} •. 16.5 SPECIFIC USE 16.6 To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use11 section of this Ordinance. YARD REQUIREMENTS 16.6-1 16.6-2 ✓ Front Yard. The minimum front yard shall be forty-three feet, or no less than the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots. shall be forty-three (43) feet. This section shall not be construed so as to pennit obstructions on any nature on corner lots within the visibility triangle as defined in Section 27.2-6-9-2. Rear and Side Yard. There shall be no rear or side yard require- ments, except where the property is adjacent to any "R-111 or 11R-2 11 zoned property, even if separated by an alley, the minimum side and/or rear yard shall be five (5) feet for any single story structure, and ten {10) feet for any two story structure. On corner lots, there shall be a minimum side yard of ten (10) feet adjacent to the street. 16.7 LOT WIDTH. There shall be no minimum lot width. 16.8 LOT AREA. There shall be no lot area requirement. 16.9 LOT COVERAGE . There shall be no lot coverage requirements. 16.10 FLOOR AREA RATIO. There shall be no floor area ratio requirement. 16.11 HEIGHT LIMIT. There shall be no height limit, except when the property is adjacent to any "R-1 11 or 11 R-211 zoned property, even if separated by a street or alley, the maximum height shall be twenty-four (24) feet with no windows above ten (10) feet. Provided, however, that buildings may be erected to a height of seventy-five (75) feet when the front, side and rear yards are increased two (2) additional feet for each foot such buildings exceed twenty-four (24) feet. Windows may be pennitted when the additional setback is imposed. 58 16.12 OFF-STREET PARKING 16.12-1 Off-Street Parking -Required. 16.12-1-1 16.12-1-2 16.12-1-3 16.12-1-4 16.12-1-5 16.12-1-6 16.12-1-7 C-2A uses -the parking requirements of the 11C-2A11 District shall apply. Reserved. The following uses shall provide one {1) space for each three hundred (300) square feet of gross floor area. 16.12-1-3-1 16.12-1-3-2 Convalescent or sick room supplies. Plans for the off-street areas shall be submitted to be checked and approved at to number of spaces, access, and ingress and egress by the City Traffic Engineer under the terms of this district and the City's driveway regulations. Conmercial schools -one (1) space for each one hundred (100) square feet of gross floor area. Reserved. Conditional uses -shall be set by ·the Zoning Board of Adjustment, based on the requirements of that use of similar type use in this or other districts. All pennitted uses not listed abov~ -one (1) space for each one hundred and seventy-five (175) square feet of gross floor area. 16.13 LANDSCAPING REQUIREMENT 16.13-1 16 .13-2 Five (5) percent of the toal development lot area shall be landscaped and permanently maintained. The total required landscaping shall be located between the building line and the adjacent streets. , The parkway area shall be landscaped and pennanently maintained. This shall be in addition to any required landscaping. 59 r'i 17 .1 I 17.2 SECTION l7 11C-311 GENERAL RETAIL DISTRICT PURPOSE The purpose of this district is to provide for general commer~ial uses which are medium activity centers in terms of generated traffic. Such districts should be adjacent to local or regional thoroughfares such as State or Federal Highways. Because of the conunercial nature of the permitted uses, compatibility with adjacent residential areas should be considered. GENERAL PROVISIONS 17. 2-1 17.2-2 17.2-3 17.2-4 17.2-5 All uses within this district shall be of a local retail sales and/or service type. All business shall be conducted entirely within a building. Outside storage and/or. display of any type shall be prohibite~, except that gasoline service stations shall be pennitted outside business with display of products no more than three (3) feet from the building. No residential use shall be permitted in this district except as provided for in the 11Specific Use11 section of this Ordinance. No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount • to a public nuisance at common law. 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 or an equivalent landscape screen shall be installed and· permanently maintained on the development lot along the adjacent property line. A solid wall of a building, when permitted to be located on the property line, shall constitute . adequate screening. 17.3 PERMITTED USES 17.3-1 17.3-2 17.3-3 17 .3-4 17.3-5 Any use unconditionally pennitted in the 11 C-2A11 and "C-211 Districts. Automobile car wash. Bowling alley. Cleaning, dyeing or dry cleaning shops. Department store, 11discount11 center, "family" center. en n 11.1 17 .8 17.3-6 17.3-7 17.3-8 17.3-Ba 17.3-9 17. 3-10 17.3-11 17.3-12 17.3-13 Gasoline service station. Grocery _store. Miniature golf course. Quick-tune or Quick-oil Change Facilities. Plumbing service, as defined in .Section 2.92. Refrigeration service, as defined in Section 2.95. Skating rinks. Theater and motion picture show. Tire, battery and accessory stores. CONDITIONAL USES · The following uses may be permitted when approved by the Zoning Board of Adjustment in the manner specified in Section 25. 17.4-1 17.4-2 17 .4-3 Dance floor as an incidental use within a restaurant. Non-profit training center with retail sales as an incidental use. Rentai store. (No outside storage or display) SPECIFIC USE To provide limited flexibility for modern urban design, additional uses in this District are provided in the 11Specific Use11 section of this Ordinance • . YARD REQUIREMENTS 17. 6-1 17. 6-2 Front Yard. The minimum front yard shall be forty-three (43) feet, or no less than the average setback established by the devel- opment on :the··adjacent lot or lotsA The··setback on ,vacant.;adjacent . lots shall be forty-three (43) feet. This section shall not be con- strued so as to permit obstructions of any nature on corner lots within the visibility triangle as defined in section 27.2-6-9-2. Rear and Side Yard. There shall be no rear or side yard require- ment, except where the property is adjacent to any 11 R-l" or 11R-211 zoned property, even if separated by an alley, the minimum side and/or rear yard shall be five (5) feet for any single story structure, and ten (10} feet for any two story structure. On corner lots, there shall be a minimum side yard of ten (10) feet adjacent to the street. LOT WIDTH. There shall be no minimum lot width. LOT AREA. There shall be no lot area requirements. 61 17.9 0 17.10 17 .11 17.12 LOT COVERAGE. There shall be no lot coverage requirements. FLOOR AREA RATIO. There shall be no floor area ratio requirements. HEIGHT LIMIT. There shall be no height limit, except when the property is adja- cent to any 11R-l11 or "R-211 zoned property, even if separted by a street or alle.y, the maximum height shall be twenty-four (24) feet with no windows above ten (10) feet. Provided however, that buildings may be erected to a height of seventy- five (75) feet when the front, side and rear yards are increased two (2) additional feet for each foot such buildings exceed twenty-four (24) feet. Windows may be permitted when the additional setback is imposed. OFF-STREET PARKING. 17.12-1 17.12-2 Off-Street Parking -Required. 17. 12-1-1 17.12-1-2 17 .12-1-3 17.12-1-4 17 .12-1-5 17 .12-1-6 17 .12-1-7 17.12-1-8 17.12-1-9 11C-2A11 and "C-2 11 uses -the parking requirements of those Districts shall apply. Reserved. The following uses shall provide one (1) space for each two hundred (200) square feet of gross floor area: 17.12-1-3-1 17.12-1-3-2 17 .12-1-3-3 Cleaning, dyeing and dry cleaning shops. Gasoline service station. Skating rink. The following uses shall provide one (1) space for each three hundred (300} square feet of gross floor area: 17 .12-1-4-1 Plumbing service. Theaters and motion picture shows -one (1) space for each three (3) seats. Miniature golf course -one (1) space for each three hundred {300) square feet of total lot area. Bowling alley -one (1) space for each one hundred square feet of gross floor area. Conditional uses -shall be set by the Zoning ·Board of Adjustment, based on the requirements of that use or similar type uses in this or other districts. All permitted uses not listed above -one (1) space for each one hundred and seventy-five (175) square feet of gross floor area. Off-Street.Parking -Provisions. 17.12-2 Any lighting of drives or parking areas shall be so 62 17.12-2-2 designed as not to cause any glare on any other residential or apartment zoned ~rea in the vicinity. Plans for the off-street parking areas shall sub- mitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the terms of this district and the City's driveway regulations. 17.13 LANDSCAPING REQUIREMENTS 17.13-1 17.13-2 Five {5) percent of the total development lot area shall be land- scaped and permanently maintained. The total required landscaping shall be located between the building line and the adjacent streets. The parkway area shall be landscaped and pennanently maintained. This shall be in addition to any required landscaping. 63 SECTION 18 11CB11 CENTRAL BUSINESS DISTRICT 18. 1 PURPOSE 0 The purpose of this district is to provide for realistic, modern standards for future development within the central area of Lubbock~ while encouraging renewal and revitalization of existing development. NOTE: This Section Reserved for Future Use. I , 19.1 19.2 SECTION 19 "C-411 COMMERCIAL DISTRICT PURPOSE The purpose of this district is to provide for heavy retail and whole- sale co111T1ercial uses which serve a city-wide or regional area. Such districts should have frontage on regional thoroughfares such as State or Federal high- ways. Because of the heavy commercial nature of the permitted uses, compatibility with adjacent residential areas should be carefully considered. GENERAL PROVISIONS 19.2-1 19.2-2 19.2-3 19.2-4 19 .2-5 19.2-6 All uses within this district shall be of a retail or wholesale sales and/or service type. All business shall be conducted entirely withi.n a building. Out- side storage of any type shall be prohibited except as indicated. Outside display in conjunction with the on premises sale or rental of automobiles, trucks, trailers, boats, fully constructed portable buildings, plant material and garden and yard equipment shall be permitted, subject to the regulations of this District. All warehousing shall be in conjunction with on premise retail and/or wholesale sales. All supplemental storage shall be attached to or adjacent to the principal building on the site and be subject to all requirements pertaining to the principal building. No residential use shall be permitted in this district except as provided for in the "Specific Use" section of this Ordinance. No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents ·or which would interfere with the reasonable use and enjoyment of their property by reason· of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by .reason of any condition which would amount to a public nuisance at common law. When proposed development in this district is adjacent to any residentially zone 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 or an equivalent landscape screen shall be installed and permanently maintained on the development along the adjacent property line. A solid wall of a building, when pennitted to be located on the property line, shall constitute adequate screening. 19.3 PERMITTED USES 19.3-1 19.3-2 19.3-3 Any use conditionally or unconditionally permitted in the 11C-2A11 , "C-2" or "C-311 Districts. Agriculture implement and tractor sales and service (totally within a building) Ambulance service. 19. 3-4 19.3-5 19.3-6 19.3-7 19.3-8 19.3-9 19.3-10 19.3-11 19.3-12 19.3-13 19.3-14 19.3-15 19.3-16 19.3-17 19.3-18 19.3-19 19.3-20 19.3-21 19.3-22 19.3-23 19.3-24 19.3-25 19.3-26 19.3-27 19.3-28 19.3-29 Automobile body shops, outside storage limited to customer vehicles only. Automobile brake shop. Automobile glass shop. Automobile seat cover and upholstery shop. Automobile transmission shop. Automobile and recreational vehicles sales and service (may include body and paint shop, as accessory use.} Barber and beauty shop supply dealer. Billboards {subject to the provisions of Section 23). Boat and boat trailer sales and service. Builders supply. All materials must be in a building. Bus station. Cafe supply dealer, fixtures. Candy plant. Canvas goods shop, tents and awnings. (no manufacturing) Commercial private clubs and teenage clubs. Dairy supply dealer. Dance hall (no mixed alcoholic beverage sales pennitted.) Electrical equipment repairs. Feed store with no grinding, packaging, or mixing of feed pennitted. Frozen food lockers. Furniture store, used. (All merchandise must be in a building) Game room, pool, billard and/or domino parlor. Garage, public, repair. (outside storage of customer automobiles authorized.) All work and separate parts shall be inside a building. Gasoline service station. (Business permitted outside of building and outside displays of products pennitted within three (3) feet of the building.) Golf driving range. (Busfness pennitted outside of building) Greenhouse and plant nursery. 66 0 19.3-30 19.3-31 19.3-32 19.3-33 19.3-34 19.3-35 19.3-36 19.3-37 19.3-38 19.3-39 19.3-40 19.3-41 19.3-42 19.3-43 19.3-44 19.3-45 19.3-46 19.3-47 19.3-48 19.3-49 19.3-50 19.3-51 19.3-52 19.3-53 19.3-54 19.3-55 19.3-56 Hote 1 or Motel . Hot tamale plant. Janitorial or cleaning service. Job printing and lithographing. Laboratory~ chemical, general analysis. Laundry, Commercial. Linen and towel supply service. Lumber yard, with no mill. All materials must be in a building. Magazine agency. Mobile home sales. Monument sales. (Outside display permitted.} Motorcycle shop, including sales, rentals, and services. Muffler shop. Night Club, Bar or Lounge~ Non-profit training centers with retail s~les. Pest control service. Portable building sales (fully constructed) Print shop. Produce market. Public kennel (totally withing a building). Rental store. Rental store, heavy equipment and trailers only. Rescue mission of the type sponsored by non-profit organizations. Restaurants. (Business pennitted outside of building.) Restaurants, with the sale of alcoholic beverages as an incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to oc·cupants in motor vehicles. Road machinery sales and service (totally within a building) Second hand goods store or pawn shop. 67 I 19.3-57 19.3-58 19.3-59 19.3-60 19.3-61 19.3-62 19 .3-63 19 .3-64 19.3-65 Second hand or used car sales lot, not including wrecking and repairing, but including minor tuning. Sign shops, limited to wi ndow lettering, painted wall signs, banners, and desk signs. Store fixtures sales. (no manufacturing permitted) Swinming pool, commercial or sales. (Business pennitted outside building.) Trailer and truck sales, rental or service. Trailer and truck rental utility. Upholstery-shop -furniture. Veterinary Hospital {totally within a building.) Wholesale house, sales office and storage -no cotton storage. 19.4 CONDITIONAL USES None. 19.5 SPECIFIC USE 19.6 To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use" section of this Ordinance. YARD REQUIREMENTS 19.6-1 19.6-2 Front Yard. The minimum front yard shall be forty-three (43) feet, or no less than the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots shall be forty-three (43) feet. This section shall not be construed so as to pennit obstructions of any nature on corner lots within the visibility triangle as defined in Section 27.2-6-9-2. Rear and Side Yard. There shall be no rear or side yard require- ment, except where the property is adjacent to any 11R-l 11 or 11 R-2 11 zoned property, even if separated by an alley, the minimum side and rear yard shall be five (5) feet for any single story structure, and ten (10) feet for any two story structure. On corner lots, there shall be a minimum side yard of ten (10) feet adjacent to the street. 19.7 LOT WIDTH. There shall be no minimum lot width. 19.8 LOT AREA. There shall be no lot area requirements . 19.9 LOT COVERAGE. There shall be no lot coverage requirements. 19.10 FLOOR AREA RATIO. There shall be no floor area ratio requirement. 68 19.11 HEIGHT LIMIT. There shall be no height limit, except when the property is adjacent to any 11 R-l 11 or 11R-211 zoned property, even if separated by a street or alley, the maximum height shall be twenty-four (24) feet. Provided, how- ever, that buildings may be erected to any height when the front, side and rear yards are increased two (2) additional feet for each foot such buildings exceed twenty-four (24) feet. 19.12 SEPARATION. Any bar, cocktail lounge, private club, night club or teenage club shall be located a minimum of two hundred (200) feet from any residentially zoned property (this distance shall be measured in a direct line from the near- est wall of the structure in which the use is located to the Residential District line.) No bar, lounge, private club, ·night club, or teenage club shall be located within six hundred (600) feet of any established bar, lounge, private club, night club, or teenage club. (This distance shall be measured in a direct line from front door to front door.) 19.13 OFF-STREET PARKING 19.13-1 Off Street Parking -Required. 19.13-1-1 19.13-1-2 19.13-1-3 "C-2A11 , 11 C-2", and "C-3~ Uses -these uses shall meet the requirements of their respective districts. Reserved. The following uses shall provide one (1) off-street parking space for each three hundred (300) square feet of gross floor area: 19.13-1-3-1 Automobile body shop. 19.13-1-3-2 Automobile and recreational vehicle sales and service. 19.13-1-3-3 Bath and Bunk house. 19.13-1-3-4 Barber and Beauty supply dealer. 19.13-1-3-5 Boat and Boat Trailer sales and service. 19.13-1-3-6 Cafe supply dealer -fixtures. 19.13-1-3-7 Candy plant. 19.13-1-3-8 Canvas goods shop, tents and awnings. 19.13-1-3-9 Dairy supply dealer. 19.13-1-3-10 Electrical supply dealer. 19.23-1-3-11 Feed store. 69 19.13-1-4 19.13-1-3-12 Frozen food lockers. 19.13-1-3-13 Furniture store -used. 19.13-1-3-14 Hot tamale plant. 19.13-1-3-15 Janitorial or cleaning service. 19.13-1-3-16 Laboratory. chemical, general analysis. 19.13-1-3-17 Laundry, Commercial. 19.13-1-3-18 Linen and towel supply service. 19.13-1-3-19 Magazine agency. 19.13-1-3-20 Mobile home sales. 19.13-1-3-21 Monument sales. 19.13-1-3-22 Pest control service. 19.13-1-3-23 Portable building sales.· 19.13-1-3-24 Public Kennel. 19.13-1-3-25 Rental store. heavy equipment, and trailers only. 19.13-1-3-26 Rescue mission. 19.13-1-3-27 Road machinery sales or service. 19.13-1-3-28 Second hand used car sales lot. 19.13-1-3-29 Second hand goods store or pawn shop. 19.13-1-3-30 Sign shops. 19.13-1-3-31 Store fixture sales. 19.13-1-3-32 Trailer and Truck rental. 19.13-1-3-33 Trailer and Truck sales; rental or service. 19.13-1-3-34 Upholstery shop -furniture. 19.13-1-3-35 Wholesale sales, services, display and offices. Warehousing and/or storage in conjunction with wholesale sales and/or services: One (1) space for each two thousand (2,000) square feet of gross floor area. 70 (' 19.14 19.13-2 19.13-1-5 Outside display areas -one (1) space for each two thousand (2,000} square feet of gross display area. 19.13-1-6 Golf Driving Range -two (2) spaces for each tee box. 19.13-1-7 Service Station -one (1) space for each two hundred (200} square feet of gross floor area. 19.12-1-8 Restaurants (with outside service) -one (1) space for each one hundred (100) square feet of gross floor area. This shall be in addition to the area provided for out- side service. 19.13-1-9 Game room, pool, billard and/or domino parlor -one (1) space for each one hundred {100} square feet of gross fl oar area. 19.13-1-10 Ambulance service -one (1) space for each emergency vehicle plus one (1) space for each employee. 19.13-1-11 Commercial private and/or teenage clubs -one (1) space for each fifty (50) square feet of gross floor area. 19.13-1-12 Night club, bar, lounge or dance hall -one (1) space for each fifty (50) square feet of gross floor area. 19.13-1-13 Hotels and motels -two (2) spaces for each three (3) units, plus the required spaces for incidental or acces- sory uses based on the square footage devoted to those uses. 19.13-1-14 Conditional uses -the required number of spaces shall be set by the Zoning Board of Adjustment, based on the require- ments for that use or similar type uses in this or other districts. 19.13-1-15 All pennitted uses not listed above and having no ware- housing or storage -one (1) space per one hundred and seventy-five (175) square feet of gross floor area. Off-Street Parking -Provisions. 19.13-2-1 19.13-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apartment zoned area in the vicinity. Plans for the off-street parking areas shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress .bY the City Traffic Engineer under the tenns of this district and the City's driveway regula- tions. LANDSCAPING REQUIREMENTS. 19.14-1 Five (5) percent of the toal development lot area shall be landscaped and permanently maintained. The total required landscaping shall be located between the building line and the adjacent streets. 71 · 19.14-2 n - The parkway area shall be landscaped and permanently maintained. This shall be in addition to any required landscaping. 71-A 19A. l SECTION 19A INDUSTRIAL PARK -IDP PURPOSE The purpose of this district is to provide industrial park planned unit development along major thoroughfare and expressway corridors, so that persons entering the city along those corridors will receive a good first impression~ and to maintain a quality appearance which will stabilize or increase real property values . 19A.2 GENERAL PROVISIONS 19A.3 19A.2-1 All uses in this district shall be of light industrial type, whole- sales, services, or industrial sales. 19A.2-2 No residential uses shall be permitted in this district. 19A.2-3 No use shall be injurious to the occupants of the adjacent premises or area by reason of emission of dust, smoke, odor, glare, noise, vibration, trash, water spray or similar causes. 19A.2-4 When proposed development in this district is adjacent to any resi- dentially zoned district, on either side or to the rear, even if separated by a street or alley, a six (6) foot solid screening fence shall be installed and permanently maintained on the development along the adjacent property line. A solid wall of a building, when permitted to be located on the property line, shall constitute ade- quate screening. · · PERMITTED USES The following uses shall be permitted on lots with frontage on major thoroughfares or expressways. l9A. 3-1 Aluminum product fabrication. 19A.3-2 Armature winding. 19A.3..:3 Bakery, wholesale. 19A.3-4 Bottling plant. 19A. 3-5 Broom manufacturing. 19A.3-6 Cabinet or carpentry shop. 19A.3-7 Candle manufacturing. 19A.3-8 Candy plant. 19A.3-9 Carpet cleaning. 19A.3-10 Clothing manufacturing. 19A. 3-11 Cold storage warehouse. 71-B r'l I 19A.3-12 19A.3-13 19A.3-14 19A.3-15 19A.3-16 19A.3-17 19A.3-18 19A.3-19 19A.3-20 19A.3-21 Commercial school, including trade school. Creamery and dairy product processing. Egg storage, egg candling, egg sorting, egg grading. Electronic components assembly. Glassblowing. Hot tamale plant. Ice cream manufacturing. Ice manufacturing and bulk ice storage. Insulation applicator business. Janitorial or cleaning service. 19A.3-22 Laboratory, chemical analysis, general analysis, physical testing. 19A.3-23 Linen and towel service. 19A.3-24 Machine Shop. 19A.3-25 Magazine agency. 19A.3-26 Mattress manufacturing or mattress renovation. 19A.3-27 Ornamental iron works. 19A.3-28 Paper box manufacturing and paper products manufacturing. 19A.3-29 Pest control service. 19A.3-30 Phannaceutical manufacturing. 19A.3-31 Plumbing, heating, refrigeration or air-conditi~ning shop. 19A.3-32 Printing plant and/or newspaper. 19A.3-33 Roofing contractor's shop. 19A.3-34 Sash and door manufacturing. 19A.3-35 Sheet metal shop. 19A.3-36 Sign shop, including Section 19.3-58 uses. 19A.3-37 Spray painting shop. 19A.3-38 Store fixture manufacturing and sales. 19A.3-39 Tortilla manufacturing. 71-C (', 19A.4 19A.3-40 Welding equipment and supplies. 19A.3-41 Welding shop. PERMITTED USES. The following uses shall be permitted on lots not having frontage on major thoroughfares or expressways. 19A.4-1 All uses listed in Section 19A.3-1 through Section 19A.3-41 of -this code. 19A.4-2 Agricultural implement and tractor sales and service. 19A.4-3 Building materials, storage. 19A.4-4 Contractor plan or storage yard. 19A.4-5 Feed store. 19A.4.6 Irrigation sales and services, including pumps and equipment. 19A.4-7 Lumber yard. 19A.4-8 Mini-warehouses. 19A.4-9 Mobile home manufacturing. 19A.4-10 Mobile home storage. 19A.4-11 Moving, storage, packing of household goods, crate manufacturing. 19A.4-12 Pump sales -and service. 19A.4-13 Road machinery sales and service. 19A.4-14 Trailer or camper manufacturing. l9A.4-15 Trailer or truck sales, long-tenn leasing or service. 19A.4-16 Truck terminal, maintenance or storage. 19A.4-17 Warehouse. 19A.5 CONDITIONAL USES None. 19A.6 SPECIFIC USES · 19A.7 Any uses conditionally or unconditionally pennitted in C-4 or M-1 zoning districts. ' YARD REQUIREMENTS 19A.7-1 Front Yard. For lots adjacent to major thoroughfares or expressways or both, the front lot line shall be any lot line adjacent to such thoroughfare or expressway and the minimum depth of the front yard shall be forty-three (43) feet. For all other lots, the front lot line shall be the shortest lot line adjacent to any street and the minimum depth of the front yard shall be twenty-five (25) feet. 71-D 19A.7-2 Rear and Side Yard. There shall be no minimum side or rear yard depth except when the lot is adjacent to any residentially zoned property, then the minimum yard depth between that adjacent lot line and the nearest part of any building shall be equal to the height of that building. 19A.8 LOT WIDTH There shall be a minimum of one (1) foot of lot width for each two (2) feet of depth. 19A.9 LOT AREA There shall be a one (1) acre minimum area for lots adjacent to major thorough- fares or expressways. All other lots shall have no minimum lot area require- ments. 19A.10 LOT DEPTH There shall be a two hundred (200) foot minimum lot depth, as measured from the right-of-way of a major thoroughfare or expressway, for those lots adjacent to any major thoroughfare or expressway. All other lots shall have no minimum lot depth requirements. 19A.11 LOT COVERAGE There shall be no lot coverage requirements. 0 19A.12 FLOOR AREA RATIO 0 There shall be no floor area ratio requirements. 19A.13 HEIGHT LIMIT There shall be no height limitations other thao those imposed under the Airport Zoning Regulations. 19A.14 OFF-STREET PARKING 19A.14-1 Off-Street Parking -Required. 19A.14-1-1 Wholesale sales and/or services, display areas and offices -one (1} space for e~ch three hundred (300) square feet of gross floor area. 19A.14-1-2 Warehousing and/or storage in conjunction with whole- sale sales and/or services -one (1) space for each two thousand (2,000) square feet of gross display area. 19A.14-1-3 Outside display areas -one (1} space for each two thousand (2,000} square feet of gross display area. 19A.14-1-4 Manufacturing uses -one (1} space for each one hundred and seventy-five (175) square feet of gross floor area devoted to sales, service, display and/or offices, one (1) space for each two thousand (2,000) square feet of 71-E 19A.14-1-4 gross floor area devoted to manufacturing plus one (1) space for each two thousand (2,000) square feet of gross floor area devoted to storage and other uses. 19A.14-l-5 Warehousing (storage only) and/or outside storage areas - one (1) space for each five thousand {5,000) square feet of gross floor area of lot area. 19A.14-l-6 All other pennitted uses not covered above -one (1) space for each one hundred and sev.enty-five (175) square feet of gross floor area. 19A.14-2 Off-Street Parking -Provisions. 19A.14-2-l Any lighting of driveways or parking areas shall be so designed as not to cause any glare on any other residen- tially zoned area in the vicinity. · 19A.14-2-2 Plans for the off-street parking areas shall be submitted to be checked and approved as to number of spaces, access~ and ingress and egress by the City Traffic Engineeriunder the tenns of this district and the City's driveway regu- lations. 19A.15 LANDSCAPING REQUIREMENTS Lots adjacent to major thoroughfares or expressways shall each have five (5) percent of their respective total development lot area landscaped and pennanently maintained. Other lots shall each have three (3) percent of their respective total development lot area landscaped and pennanently maintained. The total required landscaping shall ·be located.between the building ·line and adjacent streets. The parkway area shall be landscaped and permanently maintained in addition · to the above percentage requirements. 19A.16 SIGNS Signs shall be regulated pursuant to the C-4 regulations of Section 23 of this code. 19A.17 OUTSIDE STORAGE All outside storage areas shall be behind a screening fence six (6} feet in height. Materials shall not be stacked or stored to exceed the height of the screening fence. All storage areas and fencing shall be behind the front building line towards the interior of the lot. 19A.18 LOADING AND TRUCK STORAGE AREAS No truck loading/unloading area~ shall be located on a building wall fronting on a major thoroughfare or expressway; lots without frontage on a major thorough- fare or expressway shall have no such regulation. 71-F I 19A.19 No truck trailer or truck tractor parking shall be located between the front building line and the front property line for any lot with frontage on a major thoroughfare or expressway; other lots shall have no such regulation. ALLEYS All alleys required by plat shall be paved pursuant Section 28-80 of the City of Lubbock Code of Ordinances. 19A.20 BUILDING MATERIALS AND CONSTRUCTION 19A.20-1 A half-cylinder building shall not be permitted. 19A.20-2 Galvanized, corrugated sheet metal walls shall not be permitted. 19A.20-3 All buildings located on lots adjacent to major thoroughfares or expressways shall have an exterior composition or facade,.on each wall fronting on any such thoroughfare or expressway, of not less than 30% (per wall) of wood, brick~ stucco, ag$regate stone, natural stone or glass (exclusive of doors and windows). 19A.21 SITE PLAN AND REVIEW No building permit shall be issued until the Planning and Zoning Commission has reviewed a site plan for the building site and has approved the same as showing the following details: a. Scale and North arrow. b. Dimensions of all lots, yards and driveways. c. Off-street parking spaces and all private driveways. d. Landscaping details. e. Building area. f. Loading/unloading areas. g. Outside storage areas and required fences. h. Ingress and egress. i. Location of free-standing signs. j. Elevations showing building height, location and type of required building materials. 71-G SECTION 20 11M-l11 LIGHT MANUFACTURING DISTRICT 20.1 PURPOSE 20.2 The purpose of this district is to provide for 11light11 industrial uses and those commercial uses requiring outside storage and display. The regulations are designed to provide for a mixture of heavy commercial and light industrial or manufacturing uses with proper standards to encourage attractive working areas for citizens. GENERAL PROVISIONS 20.2-1 20.2-2 20.2-3 20.2-4 20.2-5 All uses in this district shall be of a commercial, light manufacturing or light industrial type. Outside display and/or storage shall be permitted~ however, when proposed development in this district is located adjacent to any commercially or residentially zoned district, on each side or to the rear, even if separated by an alley, all outside storage of materials shall be screened by a six (6) foot solid screening fence of wood or masonry construction or an equivalent landscape screen. Said screen shall be pennanently maintained. This section shall not be interpreted so as to limit the outside display of manufactured products and/or equipment ready for sale. No residential use shall be pennitted in this district. No use shall othen1ise be permitted which is or would reasonably be injurious to the neighborhood residents or which would ·interfere with the reasonable use and en3oyment of their property by reason' ~f the emission of dust, smoke, odor, glare, noise,.vibration, trash, Junk, water spray, or by reason of any condition which would amount to a public nuisance at common law. When proposed development in this district is adjacent to any resi- dentially 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 or an equivalent landscape screen shall be installed and permanently maintained on the development lot along the adjacent property line. 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 screening fence or equivalent land- scape screen. Said screen shall be permanently maintained. 20.3 PERMITTED USES 20.3-1 20.3-2 20.3-3 20.3-4 Any use conditionally or unconditionally permitted in the "C-411 District, except 11C-2A11 , 11 C-211 and "C-311 uses. Aluminum products~ fabrication of. Armature winding. Bakery -commercial. 20.3-5 20.3-6 0 20.3-7 I 20.3-8 20.3-9 20.3-10 20.3-11 20.3-12 20.3-13 20.3-14 20.3-15 20.3-16 20.3-17 20.3-18 20.3-19 20.3-20 20.3-21 20.3-22 20.3-23 20.3-24 20.3-25 20.3-26 20.3-27 20.3-28 20.3-29 20.3-30 20.3-31 20.3-32 20.3-33 Blacksmithing or horse shoeing. · Bott l i ng works. Broom manufacturing. Building materials, storage. Bus terminal, maintenance shop. Cabinet or carpentry shop. Candle manufacturing. Carpet cleaning. Cheese manufacturing. Clothing manufacturing. Cold storage plant. Commercial schools, including mechanical and trade. Contractor plant or storage yard. Creamery and dairy products manufacturing. Egg storage, candling or processing plant. Electronic components assembly. Feed store. Fruit and vegetable canning or preserving manufacture -not otherwise classified. Glassblowing. Ice Cream manufacturing. Ice manufacturing and bulk dry ice storage. Insulation applicator. Irrigation sales and services, including pumps and equipment. Laboratory, physical testing. Lumber yard. · Machine shop. Mattress manufacture or renovation. Meat processing plant, with no slaughter. Mini-warehouses. 73 20.3-34 20.3-35 20.3-36 20.3-37 20.3-38 20.3-39 20.3-40 ·20.3-41 20.3-42 20.3-43 20.3-44 20.3-45 20.3-46 20.3-47 20.3-48 Mobile home manufacturing. Mobile home storage. Monument manufacture. Moving; storage, packing, manufacturing and crating of household goods. Ornamental Iron works. Paper box and paper products manufacturing·. Pharmaceutical manufacturing. Planing Mill. Plumbing, heating, refrigeration·, or air-conditioning business. Prefabricated or ready-built house or portable building manufacturing and sales. Printing plant and/or newspaper. Produce market. Pump sales and service. Roofing contractor's shop. Sash and door manufacturing. 20.3-49 Sheet metal work shop. 20.3-50 Sign shop. 20.3-51 Spray painting. 20.3-Sla Stack lot. 20.3-52 Store fixture manufacturi,ng. 20.3-53 Tire recapping and vulcanizing. 20.3-54 Trailer or camper.: manufacturi:_ng. 20.3-55 Truck or railway freight terminal depot or station. 20.3-56 Truck and bus ·terminal maintenance or storage s~ops. 20.3-57 Truck stop. 20.3-58 Warehouse. 20.3-59 Welding equipment and supplies (acetylene). 20.3-60 Welding shop. 74 -20.4 CONDITIONAL USES. The following uses may be permitted subject to approval by the Zoning Board of Adjustment in the manner specified in Section 25. 20.4-1 20.4-2 20.4-3 20.4-4 Any use conditionally or unconditionally permitted in the "C-2A11 , 11 C-211 and "C-311 Districts not otherwise permitted in this District. Auction sales (No livestock.) Central power and lighting plant. Electroplating. 20.5 SPECIFIC USE 20.6 To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use" section of this Ordinance. YARD REQUIREMENTS 20.6-1 20.6-2 Front Yard. The minimum front yard shall be tne (10) feet, or no less than .the average setback established by the development on the adjacent lot or lots. The setback on vacant adjacent lots shall be ten (10} feet. This section shall not be construed so as to pennit obstructions of any nature on corner lots within the visibility triangle as defined in Section 27. 2-6-9-2. Rear and Side Yard. There shall be no rear or side yard requirement, except where the property is adjacent to any "R-1 11 or 11R-2" zoned property, even if separated by an alley, the minimum side and rear yard shall be five (5) feet for any single story structure, and ten (10) feet for any two story structure. On corner lots, there shall be a minimum side yard of ten (10} feet adjacent to the street. 20.7 LOT WIDTH. There shall be no minimum lot width. 20.8 LOT AREA. There shall be no lot area requirements. 20.9 LOT COVERAGE. There shall be no lot coverage requirements. 20.10 FLOOR AREA RATIO. There shall be no floor area ratio requirements. 20.11 HEIGHT LIMIT. There shall be no height limit, except when the property is adJacent to any 11R-l11 or "R-2" zoned property, even if separated by a street or alley, the maximum height shall be twenty-four (24) feet. Provided, however, that buildings may be erected to any height when the front, side and rear yards are increased two (2) additional feet for each foot such .buildings exceed twenty- four (24) feet. 20.12 SEPARATION. Any bar, cocktail lounge, private club, night club or teenage club, ·,. shall be located a minimum of two hundred (200) feet from any residentially zoned property (this distance shall be measured in a direct line from the nearest wall of the str_ucture in which the use is located to the nearest Residential District Line.) No bar, lounge, private club, night club or teenage club shall be located within six hundred (600) feet of any established bar, lounge, private club, night club, or teenage club. (This distance shall be measured in a direct line from front door to front door.) · 75 20.13 OFF-STREET PARKING 20.13-1 . Off-Street Parking -Required. 20.13-2 20.13-1-1 20.13-1-2 20.13-1-3 20.13-1-4 20.13-1-5 20.13-1-6 20.13-1-7 20.13-1-8 C-4 Uses -these uses shall meet the requirements of the C-4 District. Wholesale sales and/or services, display areas and offices -one (1) space for each three hundred (300} square feet of gross floor area. Warehousing and/or storage in conjunction with whole- sale sales and/or services -one (1) space for each two thousand (2,000} square feet of gross floor area. Outside display areas -one (1) space for each two thousand (2,000) square feet of gross display area. Manufacturing uses -one {1) space for each one hundred and seventy-five (175) square feet of gross floor area devoted to sales, service, display and/or offices, one (1) space for each two thousand (2~000) square feet of . gross floor area devoted to manufacturing plus one (1) space for each two thousand (2,000) square feet of gross floor area devoted to storage and other uses. Warehousing {storage only) and/or outside storage areas - one (1) space for each five thousand (5,000) square feet of gross floor area or outside storage area. Corrmercial schools -one (1) space for each one hundred (100} square feet of gross floor area. Conditional Uses -the number of required spaces shall be set by the Zoning Board of Adjustment, based on the requirements for that use or similar type uses in this or other districts. Off-Street Parking -Provisions. 20.13-2-1 20.13-2-2 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apartment zoned area in the vicinity. Plans for the off-street parking areas shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the tenns of this district and the City's driveway regulation~ 20.14 LANDSCAPING REQUIREMENTS. 20.14-1 The parkway area shall be landscaped and permanently maintained. 76 ('21.1 I 21.2 SECTION 21 11M-2 11 HEAVY MAN!JFACTURING DISTRICT PURPOSE The furpose of this district is to provide for those uses defined as heavy industria and/or manufacturing use which will or may produce off-site noise, odor, or dust. The regulations are designed to provide standards for proper on-site development and to protect the environmental q ua1ity of adjacent · areas and the City in general. GENERAL PROVISIONS 21. 2-1 21.2-2 21.2-3 21.2-4 No residenttal use shall be permitted in this district. Outside display and/or storage shall be permitted, however, when proposed development in this district is located adjacent to any commercially or residentally zoned district, on either side or to the rear, even if separated b¥ an alley, all outside storage of materials shall be screened by a six {6} foot solid screening fence of wood or masonry construction or an equivalent landscape screen. Said screen shall be permanently maintained. This section shall not be interpreted so as to limit the outside display of manufactured products and/or equipment ready for sale. No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment· of their property by reason ~f the emission of dust, smoke, odor, glare, noise, vibration, trash, Junk, water spray, or by reason of any condition wh foh would amount to a public nuisance at common law. When proposed development in this district is adjacent to any resi- dentially 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 or an equivalent landscape screen shall be in- stalled and permanently maintained on the development lot along the adjacent property line. 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 front- ;ng property line by a six (6) foot solid screening fence of wood or masonry construction or an equivalent landscape screen. Said screen shall be permanently maintained. 21.3 PERMITTED USES 21.3-1 21.3-2 21.3-3 21.3-4 21.3-5 Any use unconditionally permitted in the "M-1 11 District. Aluminum manufacture. Asphalt storage, liquid or solid. Bag cleaning. Bag and bagging. 77 21.3-6 21. 3-7 21.3-8 21.3-9 21.3-10 21.3-11 21.3-12 21. 3-13 21.3-14 21. 3-15 21. 3-16 21. 3-17 21.3-18 21.3-19 21.3-20 0 21.3-21 21.3-22 21.3-23 21.3-24 21.3-25 21.3-26 21.3-27 21.3-28 21.3-29 21.3-30 21. 3-31 21.3-32 21.3-33 21.3-34 Bar, night club, private club. Blast furnace. Boiler making, repairing and boiler work. Brick, tile~ pottery or terracotta manufacturing. Concrete batching or transient mix plant. Concrete products manufacturing. Cooperage works. Corrugated metal manufacturing. Cotton storage. Die casting manufacture. Electric power plant. Emery cloth and sand paper manufacture. Feed grinding and processing. Flour mill. Food products manufacture, unless otherwise classified. Forge plant. Grain elevator and storage. Gravel crushing, screening and washing. Milling, custom. Model airplane center or go-cart track. Oil well equipment sales, service and/or storage. Paper (waste) and rag processing and storage. Railroad roundhouse or shops. Railroad yards. Refrigerator manufacture. Rock crusher. Ro 11 i ng mil 1 . Salt works. Sand blasting. 78 I 21. 3-35 Scrap paper or rag storage. 21.3-36 Septic tank service. 21.3-37 Shoe polish manufacture. 21.3-38 Steel fabrication plant. 21.3-39:. Stone cutting. 21.3-40 Storage or baling of rags. 21.3-41 Tank manufacture. 21.3-42 Textile manufacturing. 21.3-43 Tile roofing manufacture. 21.3-44 Yeast plant. 21.4 CONDITIONAL USES 0 21.s The following uses may be permitted when approved by the Zoning Board of Adjustment in the manner specified in Section 25. 21.4-1 Any use conditionally or unconditionally permitted in the 11C-2A 11 , 11C-211 , 11C-311 , or 11C-411 Districts, not otherwise permitted in this district. SPECIFIC USE To provide limited flexibility for modern urban design, additional uses in this District are provided in the "Specific Use11 section of this Ordin~nce. 21.6 . YARD REQUIREMENTS 21.6-1 21.6-2 Front Yard. The minimum front yard sha·11 be ten (lo feet, or no less than the average setback established by the development on the adjacent lot or lots. The setabck on vacant adjacent lots shall be ten (10} feet. This section shall not be construed so as to perm1t obstructions of any nature on corner lots within the visibility triangle as defined in Section 27.2-6-9-2. Rear and Side Yard. There shall be no rear or side yard require- me!'lts, except where the property is adjacent to any II R-l 11 or "R-2" zoned property, even if separated by any alley, the minimum side and rear shall be five (5) feet for any single story structure, and ten (10) feet for any two story structure. On corner lots, there shall be a minimum side yard of ten (10} feet adjacent to the street. 21.7 LOT WIDTH. There shall be no minimum lot width. 21.8 0 21.9 21.10 LOT AREA. There shall be no lot area requirements. LOT COVERAGE. There shall be no lot coverage requirements. FLOOR AREA RATIO. There shall be no floor area ratio requirement. 79 21.11 HEIGHT LIMIT. There shall be no height limit, except when the property is adjacent to any 11R-l11 or "R-211 zoned property, even if separated by a street or alley, the maximum height shall be f i fty (50} feet. Provided, however, that buildings may be erected to any height when the front, side and rear yards are increased two (2) additional feet for each foot such buildings eX"teed fifty ( 50) feet. · 21.12 SEPARATION. Any bar, cocktail lounge, private club, night club, or teenage club shall be located a minimum of two hundred {200) feet from any residen- tially zoned property (this distance shall be measured in a direct line from the nearest wall of the structure in which the use is located to the nearest Residential District Line.) No bar, lounge, private club, night club, or te~n- age club shall be located within six hundred (600) feet of any established bar, lounge, private club, night club, or teenage club. (This distance shall ·be measured in a direct line from front door to front door . 21.13 OFF-STREET PARKING 21.13-1 Off-Street Parking -Required. 21. 13-1-1 21.13-1-2 21.13-1-3 21. 13-1-4 21. 13-1-5 21.13-1-6 21.13-1-7 "C-4" and "M-1 n uses -these uses shall meet the require- ments of their respective districts. Wholesale sales and/or services, display areas and offices - one (1) space for each three hundred (300) square feet of gross floor area. Warehousing and/or storage in conjunction with wholesale sales and/or services -one (1) space for each two thou- sand (2,000) square feet of gross floor area . Outside display areas -one (1) space for each two thou- sand (2,000) square feet of gross display area. Manufacturing uses -one (1) space for each one hundred and seventy-five (175) square feet of gross floor area devoted to sales, service, display and/or offices, one (1) space for each two thousand {2,000) square feet of gross floor area devoted to manufacturing plus one (1) space for each two thousand (2,000) square feet of gross floor are.a devoted to storage and other uses. Warehous ing {storage only) and/or outside storage areas - one (1) space for each five thousand (5,000) square feet of gross floor area or lot area. Conditional uses -the number of required spaces shall be set by the Zoning Board of Adjustment based on the require- ments for that use or similar type uses in this or other districts. 21.13-2 Off-Street Parking -Provisions. 21.13-2-1 Any lighting of drives or parking areas shall be so designed as not to cause any glare on any other residential or apartment zoned area in the vicinity. 80 I 21.14 21.13-2 Off-Street Parking -Provisions. 21. 13-2-2 Plans for the off-street parking areas shall be submitted to be checked and approved as to number of spaces, access, and ingress and egress by the City Traffic Engineer under the tenns of this district and the City1 s driveway regulations. LANDSCAPrnG REQUIREMENTS 21.14-1 The parkway area shall be landscaped and pennanently maintained. 81 SECTION 22 SPECIFIC USE DISTRICT PURPOSE The purpose of this district is to provide for design and land use flexibility in the various districts. This district provides for variations in the land use standards within the ordinance, provided the intent, principles, and innovations of modern urban planning and design are used. The regulations require specific site planning on all aspects of proposed development to insure that any variations of land uses or land use standards will be in harmony with the purposes and objectives of the Zoning Ordinance as stated in Section 1. 22.2 GENERAL PROVISIONS 22.2-1 Only those used specifically stated in this Secion shall be pennitted. 22.2-2 All application for a Specific Use Zone Change shall be accompanied by six (6) copies of a site plan as defined in Section 2. 22.2-3 An application for a Specific Use Zone Change shall not be accepted unless all requirements of this Section are shown on the site plan at the time application is made. 22.2-4 If the property has not previously been platted. or if the Specific Use Zone Change requested necessitates a re-plat, an application for approval of preliminary plat shall be filed with the application for Zone Change. 22.2-5 All uses pennitted in this district shall meet the minimum requirements for that use or similar type uses, provided in the district in which the use or similar type use is pennitted. However, the City Council, may vary the requirements to allow flexibility for modern urban planning and design. 22.2-6 A Specific Use permit and a bui-lding permit shall be applied for and secured within thirty (30) months of the effect date of the zone change, or all undeveloped property shall automatically revert back to the previous zoning classification. 22.2-7 When any proposed development involves provisions for common areas, such as open space, recreational areas, etc., copies of the proposed articles of incorporation, by-laws and protective covenants shall be filed at the time of applications. Provisions shall be made for the permanent care and maintenance of such common areas. 22.3 PERMITTED USES 22.3-1 Planned Unit Developments 22.3-1-1 22.3-1-2 In any district on a site of ten (10) acres or more at the time of applications. The uses shall be limited to those uses permitted in the "R-1 11 and "R-211 Districts. In any district on a site of forty (40) acres or more at the time of application. The uses shall be limited to those uses pemitted in the 11 R-l", "R-2 11 , 11A-l11 , "A-2"11 and AM Districts. 82 I 22.3-2 0 0 22.3-1-3 22.3-1-4 22.3-1-5 22.3-1-6 In any district on a site of eighty (80) acres or more at the time of application. The uses shall be limited to those uses permitted in the 11R11 , 11A'1 , and 11C-2A11 Districts with no more than five (5) percent of the total development area being devoted to commercial uses. In any district on a site of one hundred and sixty (160) acrea or more at the time of application. The uses shall be limited to those .uses permitted in the 11W1 , 11A11 and 11C-2A11 and "C-211 Districts with no more than ten (10) percent .of the total development area being devoted to commercial uses. In any district on a site of forty (40} acres or more at the time of application. The uses shall be limited to those uses permitted in the 11C-411 and 11M-l11 Districts. In the 11M-l 11 or 11M-211 Districts on a site of forty (40) acres or more at the time of application. The uses shall be limited to those uses pennitted or conditionally permitted in the "M-1'1 and 11M-211 Districts. Townhouses (Owner occupied) In the 11R-l 11 and 11R-211 Districts provided the following requirements are met: 22.3-2-1 22.3-2-2 22.3-2-3 22.3-2-4 22.3-2-5 22.3-2-6 The correct fire zone is established. Land is platted for this purpose with such plat covering all land area having continuous common street frontage and located on one side of a street, between intersecting streets; designating individual lots including the end -units for a given structure as well as any common ownership areas which may be provided or required. Common areas, under the control and jurisdiction of property owners association~ are established for the purpose of complying with and maintainin_g density standards as set forth in Section 22.3-2-11. At least sixty (60) percent of such common area shall be at all times devoted to landscaping, green areas, or recreation, and the balance may be used for off-street parking, corrmon service facilities, and appropriate accessory uses. No structure has less than three (3) dwelling units or an overall length exceeding two hundred and fifty (250) feet. The minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage or carport fronting onto a street be within twenty (20) feet of the street property line. The minimum rear yard shall be fifteen (15) feet, except that a one story wing or extension may be built to within five (5) feet of the rear property line. 83 22.3-3 22.3-4 22.3-5 22.3-2-7 22.3-2-8 22.3-2-9 22.3-2-10 22.3-2-11 22.3-2-12 22.3-2-13 22.3-2-14 The minimum side yard shall be ten (10) feet at the end of each structure. When the property abuts any 11R-l11 or 11R-211 District, the minimum side yard shall be twenty-five (25) feet. The minimum lot area for each individual townhouse unit shall be twenty. (20) feet. The minimum lot area for each individual townhouse unit shall be two thousand (2,000) square feet. The maximum individual lot coverage shall be sixty (60) percent, provided no more than forty (40) percent of · the total development lot is covered. The maximum density shall be one (1) unit per five thousand (5,000) square feet of lot area and the maximum floor area shall not exceed one-half (.50) square feet of total floor area for each one (1) square foot of development lot area. The height shall not exceed two (2) stories and shall · not exceed thirty-five (35) feet. Off-street parking shall be provided as follows: Two (2) spaces per unit plus one (1) space for each four (4) units in the development. In addition to the required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained. Commercial Uses -11C-2 11 District The fo 11 owing commerci a 1 uses in 11C-2" District provided a 11' of the requirements of that district are met and further provided.that additional requirements are approved by the City Council which will insure proper protection to and compatibility with adjacent uses. 22.3-3-1 Hotel or Motel. (Night club pennitted as an accessory use.) Commercial Uses -11C-3 11 District 22.3-4-1 Automobile sales and service (no used cars or recreational vehicle sales permitted). Industrial Uses -11M-211 District The following industrial uses in the 11M-211 District provided all of the requirements of that district are met and further provided that additional requirements are approved by the City Council which will insure proper protection to and compatibility with adjacent uses. 22.3-5-1 22.3-5-2 22.3-5-3 Acetylene manufacture and storage. Acid manufacturing. Alcohol manufacture and storage. 84 22.3-5-4 .;' 22.3-5-5 (' 22.3-5-6 22.3-5-7 22.3-5-8 22.3-5-9 22.3-5-10 22.3-5-11 22.3-5-12 22.3-5-13 22.3-5-14 22. 3-5-15· 22.3-5-16 22.3-5-17 22.3-5-18 22.3-5-19 22.3-5-20 22.3-5-21 22.3-5-22 22.3-5-23 22.3-5-24 22.3-5-25 22.3-5-26 22.3-5-27 22.3-5-28 22.3-5-29 22.3-5-30 22.3-5-31 22.3-5-32 Armnonia manufacturfog or storage. Arsenals. Asphalt manufacturing or refining. Bleaching power or chlorine manufacture or storage. Butane and propane manufacture. Celluloid or similar cellulose material manufacture. Cement, lime, gypsum, or plaster of paris manufacture. Chemical plants. Cotton baling or compressing (no ginning). Cotton ginning. Cotton seed products manufacturing. Creosote treatment or manufacturing. Disinfectants and insecticides. Dye stuff manufacture. Fat rendering. Feed lot for livestock. Fertilizer manufacture. Foundry. Galvanizing. Gas manufacture. Glue or gelatin manufacturing. Hatchery -fish or fowl. Liquified petroleum gas sales and service, wholesale. Livestock auction sales. Match manufacture. Mixing plant for concrete, mortar, plaster and paving materials. Oil compounding and barreling. Oil cloth and linoleum manufacture. Oil reclamation plant. 85 / (' I 22.3-6 22.3-7 22.3-8 22.3-9 22.3-5-33 22.3-5-34 22.3-5-35 22.3-5-36 22.3-5-37 22.3-5-38 22.3-5-39 22.3-5-40 22.3-5-41 22.3-5-42 22.3-5-43 22.3-5-44_ 22.3-5-45 22.3-5-46 Oil and rubber goods manufacture and refining. Paint manufacture. Petroleum refining. Pickle, sauerkraut, or vinegar manufacture. Poultry raising, killing, dressing, and packing. Slaughter of animals. Smelter. Soap manufacture. Storage of hides or skins. Stock yards. Storage of poisonous gases and insecticides. Structural steel plant. Tanning and curing of raw hides or skins. Tar distillation or manufacturing. Churches and other places of worship in any district. Public Uses Any use or public building to be erected or used by the City, County, State, or Federal Government in any district. Radio & T.V. Radio Broadcasting towers and stations, television towers, and television transmitting stations in any district. Hospitals. In any district on a site of five (5) acres or more at the time of application. · 22.3-10 Greenhouse or Plant Nurseries In any district on a site of five (5) acres or more at the time of application. 22.3-11 Public Stables or Riding Academies. In any district on a site of ten (10) acres or more at the time of application. 22.3-12 Sanitarium In any district on a site of ten (10) acres or more at the time of appHcation·:. 86 0 22.3-13 Veterinary Hospital or Clinic Hospital or Clinic for the medical and surgical treatment of small animals such as dogs, cats, bird·s, and the like in any 11C-2A11 or less restricted zoning district. Such Hospitals or Clinic and any treatment rooms> cages, pens, or kennels shall be maintained within a completely enclosed, soundproof building and operated in such a way as to produce no objectional odors outside its walls. Kennel use shall be limited to short time boarding and sh~ll only be incidental to such hospital or clinic use. Sound transmission· loss shall be equivalent to an eight (8) inch block wall filled with insulating material. 22.3-14 Athletic field, Park, Stadium, or Arena, .Co1ID11ercial In any district on a site of twenty (20) acres or more at the time of application. 22.3-15 Mobile Home or Travel Trailer Park 22.3-16 In any district on a site of ten (10) acres or more at the time of application, provided that all requirements of Section 33 of the City Code are met. Mobile Home Subdivision In any zoning district on a site of twenty (20) acres or more, . provided such tract shall have been final platted of record in its entirety in accordance with the City of Lubbock Subdivision Regulations and shall meet the following conditions: 22.3-16-1 22.3-16-2 22.3-16-3 22.3-16-4 22.3-16-5 22.3-16-6 22.3-16-7 Lot Width. The minimum average width of any lot shall be fifty (50) feet. Lot Area. The minimum lot area shall be five thousand (5,000) square feet. Front Yard. The minimum front yard shall be fifteen (15) feet. Rear Yard. The minimum rear yard .shall be ten (10) feet measured from the rear property line to the rear of the structure except where a twenty (20) foot alley exists a five (5) foot rear yard shall be pennitted. Side Yards. There shall be a minimum side yard of ten (10) feet on each side except that canopies and patio covers with supporting columns, open on three (3) sides and constructed of non-combustionable materials may extend to within five (5) feet of the side property line. On corner lots, the minimum side yard adjacent to the side street shall be ten (10) feet. Density. One mobile home shall be pennitted on each platted lot. Lot Coverage. Maximum lot coverage shall be forty (40) percent. 22.3-16-8 Off-Street Parking. One (I) off-street parking space shall be provided on each lot, plus one (1) space for each four (4) lots in the development. 22.3-16-9 Tie-downs and Hard Stands. Tie-downs and hard stands shall be provided for each mobile home as established by the building Code prior to issuance of building pennits. 22.3-16-10 Storage. The area under the mobile home shall not ·be used for storage of any kind. Said area shall be completely enclosed with the same materials as used for exterior siding on the mobile home. 22.3-16-11 Accessory Buildings. All accessory buildings and/or structures shall conform to the Building Code of the City of Lubbock and Section 27 of the Zoning Ordinance of the City of Lubbock. 22.3-16-12 Curbs, Gutters, and Sidewalks. Curbs, gutters and sidewalks shall confonn to Chapter 28 of the Building Code. 22.3-16-13 All utilities shall be located underground and shall comply with City of Lubbock Code of Ordinances. 22.3-16-14 The plat title shall indicate that the subdivision is a 11Mobile Home Subdivision11 , and that the primary structure shall be a mobile home. 22.3-16-15 All mobile homes placed within the "Mobile Home Subdivisiorl'shall comply with all the standards established by the Mobile Home Code of the City of Lubbock.- 22.3-17 Junk Yards, Salvage Yards, or Automobile Wrecking Yards. In the "M-211 District on a site of five (5) acres or more at the time of application, provided the following conditions are met: 22.3-17-1 22.3-17-2 Operator must hold a pennit (or licenses} ·1ssued in accordance with the City Code of the City of Lubbock, Texas. That a six (6) foot high screening fence of wooden or masonry construction or the equivalent thereof as described on a detailed site plan approved by the Planning and Zoning Commission and the City Council shall be constructed entirely surrounding the property and pennanently maintained except where a pennanent building is erected. Said building shall constitute a portion of the screening fence. A display area may be provided adjacent to the fronting street provided the following conditions are met: 22.3-17-2-1 Set back a minimum of twenty-five (25) feet from the fronting street. 22.3-17-2-2 A screening fence as described above shall be constructed on the sides and rear of such display area. 88 I 22.3-17-2-3 The total area to be used for display shall not exceed five (5) percent of the total development lot area. 22.3-17-2-4 Display of parts and/or used cars which ·are for resale may be displayed in this area. Said used cars must be complete with no parts removed and no more than five (5) used cars may be displayed. 22.3-17-3 No item of junk, salvage, or other merchandise shall be stacked or permitted to be stacked or stored in excess of the height of the enclosing fence or wall nor nearer than two (2) feet thereto except that wrecked · vehicles may be stacked two (2) high proveded said vehicles are stacked a minimum of seventy-five (75) feet from any property line. 22.3-17-4 Such junk, salvage, or other merchandise on the premises shall be arranged to provide reasonable inspection of, or access to all parts of the premises. 22.3-17-5 . All proposed signs and/or.advertising displays be detailed on the site plan which is to be submitted in accordance with Section 22.2 of the Zoning Ordinance. 22.3-17-6 Any drainage requirements, as required by the City Engineering Department, shall be met. 22.3-17-7 That all such premises be open for inspection to, and meet the requirements of the City's Fire, Polic.e, Health, and Building authorities. 22.3-17-8 No advertising shall be permitted on screening fences. 22.3-18 Cla, Gravel; Quarr in of Rock In any district provided the following conditions are met: 22.3-18-1 Ten (10) copies of a site plan shall be submitted at the time of application showing the following information: .. • • ... ,t·•· ' • •. • • • • ~ .~ ' 22.3-18-1-1 A survey and legal description of the property together with north arrow, scale and date. 22.3-18-1-2 Show owner of property in question and ownership of all adjacent property. 22.3-18-1-3 Typical features, existing, and proposed, such as property line, streets, alleys, · .": easements, buildings, or other structures, driveways, screening, and landscapinij on the property and within two hundred (200) feet thereof. 89 22.3-18-1-4 Designation of the depth to which excava- tion or fill will be made and the angle of all side slopes. 22.3-18-1-5 Statement describing provisions for con- trolling dust. 22.3-18-1-6 Statement of precautions to be taken to guide traffic movements safety ·in, around and by said operation. 22.3-19 Motorcycle Race Track In the 11M-211 zoning district provided that this operation shall not disseminate dust, fumes, gas, noxious odors, trash, smoke, glare, or other atmospheric influence beyond the boundaries of the property., and which produces no noise exceeding in intensity at the boundary of the property the average intensity of noise of street traffic at that point, and provided that such use does not create fire hazard on surrounding property. 22.3-20 Commercial Uses -11AM11 District The following uses in the 11AW1 District provided the purpose ·and requirements of that district are met and further provided that addi- tional requirements are approved by the City Counc.il which will insure proper protection to and compatibility with adjacent uses. 22.3-20-1 22.3-20-2 22-3-20-3 22-3-20-4 22.3-21 Billboards Hotel or Motel Restaurant Offices other than hospital, clinic or medical offices and administrative offices for the medical profession, including independent management, legal, accounting and bookkeeping services for doctors, hospitals, clinics, and medical personnel. Savings and Loan Offices In the "C-411 District when located within eighty {80) feet of a Residential property line. 22.3-22 Electronic Components Assembly In the 11 C-4" District. 22.3-23 Specific Use -Any District The Planning and Zoning Commission or City Council may require a Specific Use zone change to regulate uses and standards allowed within their respective districts where the nature of adjacent land uses requires higher development standards than found in such dis- tricts. 90 22.3-24 Mini-warehouse in "C-411 SUBJECT TO THE FOLLOWING AS MINIMUM CONDITIONS: 1. Limited to single-story structures. 2. Individual lease spaces shall not exceed 250 square feet. 3. The storage of goods which are explosive, highly flal11llable, or produce noxious odors shall be prohibited. 4. No mini-warehouse development lot shall abutt a street which is the boundary of an abutting "R-1" or "R-2 11 zone. 5. A six foot solid masonry fence, or the equivalent, shall be erected and permanently maintained adjacent to any residential zone. 6. The mini-warehouse -structures, when visible from any residential parcel, or the fronting street of a commercial zone, shall be constructed of material which is comparable in texture, color and quality to adjacent buildings in commercial zones. Such detail shall be specified on the site plan. 7. Lanscaping and set-back requirements in 11C-4" zone shall be met as a minimum requirement. 91 ~2A.0 I 22A.1 0 SECTION 22A HISTORICAL PRESERVATION AND URBAN DESIGN DISTRICT PURPOSE The purpose of this district is to provide means by which citizens can initiate action to preserve archeological, historical, cultural, architectural and landscape architectural landmarks as part of the heritage of this city. This district provided all standards, rules, regulations and other adminis- trative procedures necessary for its implementation as part of this ordinance. As such, it is to be construed in hannony with the purposes and general objec- tives stated in Section 1 of Ordinance No. 7084. DEFINITIONS 22A.1-1 BUILDING OFFICIAL. The building official shall be the Building Inspection Administrator of the City of Lubbock. 22A.1-2 EXTERIOR ARCHITECTURAL FEATURE. The style, design, general arrange- ment, and components of all the outside surfaces of a structure which characterize the landmark or district. 22A.1-3 HISTORIC LANDMARK. Any building, structure, site, area, or land of architectural, landscape architectural, historical, archeological or cultural importance or value, as may be designated for preserva- tion by the City Council. 22A.1-4 HISTORICALLANDMARK DISTRICT. That area within the boundaries of a historical landmark plus such lands, structures, and landscape ·• architectural features adjacent thereto as may be designated by the City Council as being necessarily regulated for the preservation and utilization of that landmark. 22A.l-5 LANDSCAPE ARCHITECTURAL FEATURE. The general arrangement of the grounds, within a Historic Landmark District including but not limited to the topographic grade, water pooling and run-off, types and sites of plant materials, types and sites of surface materials such as decorative bark, rock, stone, gravel, concrete, asphalt, brick, and the types and sites .of constructions not otherwise deemed to be structured per se, such as fences, retaining walls, decks and other miscellaneous fixtures. 22A.2 DECLA~~T!ON OF POLICY The City Council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks and historic landmark districts to be a public necessity and required in the interest of the culture, prosperity,education and general welfare of the people. The purposes of this chapter are~ 22A.2-1 To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city1s and state's architectural, landscape architectural, archeological, cultural, social, economic, ethnic and political history and to develop appro- priate settings for such places. 91-A 0 22A.3 22A.2-2 22A.2-3 22A.2-4 22A.2-5 22A.2-6 22A.2-7 To safeguard the city's historic and cultural heritage as embodied and reflected in such historic landmarks by appropriate regulations. To stabilize and improve property values in such locations. To foster civic pride in the beauty and accomplishments of the past. To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. To strengthen the economy of the city. To promote the use of historic landmarks and historic landmark districts for the culture, pr:-osperity, education, and general welfare of the people of the city and visitors to the city. DESIGNATION OF HISTORIC LANDMARKS AND HISTORIC LANDMARK DISTRICTS. 22A.3-l The City Council may designate buildings, structures, sites, areas, and land in the city as historic landmarks and define, amend and delineate the boundaries thereof. The territory within such boun- daries shall also be a historic landmark district, and when necessary for the preservation or utilization of the historic landmark, the City Council may extend the historic landmark district into adjoining lands by defining, amending and delineating new boundaries therefor without having to amend the boundaries of the historic landmark. 22A.3-2 The 11Design-Historic11 zoning designation, as indicated by the suffix 11 DH11 , shall apply to all historic landmark districts in addition to their other zoning designations. The 11Design-Historic" zoning desig- nation shall be indicated on the official zoning maps through the use of a map overlay, which is identified in the map legend. Said zoning designation shall indicate conditions placed on said property by the City Council. 22A.3-3 The zoning ordinance in which any building or structure is designated as a historic landmark shall incorporate by reference {a) photographs, · (b) d.rawings,(c} renderings, (d) written standards, or any combination thereof which illustrate the exterior architectural features to be maintained, regulated and preserved. 22A.3-4 The zoning ordinance, in which any territory is designated as a historic landmark district, shall incorporate by reference, (a) photographs, (b) drawings, ·(c) renderings, (d) ·written standards, or any combination thereof which illustrate any architectural feature of non-landmark buildings or structures or landscape architectural feature to be maintaind, regulated and preserved. Said photographs, drawings or renderings shall also illustrate the location of any buildings or structures within a historic landmark district, but which are not designated as historic land- marks, or landscape architectural features, and shall include notations for each such building or structure identifying its size, use, and location. The minimum number of standards, neces- sary to achieve the objectives of landmarks and districts, shall be required. 91-B 22A.3-5 In the event that any standard established for any 11 DW district conflicts with any previously established zoning standards, the ('"' 11DH'1 district standards shall be control ling. 22A.4 I CRITERIA FOR HISTORIC LANDMARK DESIGNATION In making historic landmark designations as set forth in Section 22A.3, the City Council shall consider, but shall not be limited to, one or more of the following criteria: 22A.4-1 Character, interest or value as part of the development, heritage or cultural characteristics of the City of Lubbock, State of Texas, or the United States. 22A.4-2 Recognition as a Recorded Texas Historic Landmark, a National His- toric landmark, or entry into the National Register of Historic Places. · 22A.4-3 Embodiment of distinguishing characteristics of an architectural type or style. 22A.4-4 Identification as the work of an architect, landscape architect, or master builder whose individual work has influenced the development of the city. · 22A.4-5 Embodiment of elements of design, detail, materials or craftsmanship which represent a significant architectural or landscape architectual h innovation. 22A.4-6 Relationship to other distinctive buildings, sites or areas which are eligible for preservation based on architectural, landscape architectural, histo.ric or cultural motif. 22A.4-7 Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural or landscape architectural style. 22A.4-8 Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. 22A.4-9 Exemplification of the cultural, economic, social, ethnic or his- torical heritage of the city, State, or the United States. 22A.4-10 Location as the site of a significant historic event. 22A.4-ll Identification with a person or persons who significantly contri- buted to the culture and development of the city, State or the United · States. 22A.4-12 Building, structure, or landscape development that because of its location has become of value to a neighborhood, community area, or the city. 22A.4-13 Value as an aspect of community sentiment or public pride. 91-C 22A.5 URBAN DESIGN AND HISTORIC PRESERVATION COMMISSION --CREATED 0 22A.5-l There is hereby created a commission to be known as the Urban Design and Historic Preservation Commission of the City of Lubbock, hereinafter called the 11Urban Design Commission", composed of eleven (11) members appoi.nted by the City Council within ninety (90} days from the effective date of this amendment. This corrmission shall include at least one representative for each of the following: 22A.5-1-1 22A.5-l-2 22A.5-1-3 22A.5-1-4 22A.5-l-5 22A.5-1-6 22A.5-1-7 Architecture Urban Planning History or Political Science Archeology or Paleontology Sociology or Anthropology Building Construction Landscape Architecture Each of the seven representatives shall possess special interest, knowledge or expertise in the field which he or she represents on the commission, but does not have to practice in that field as a profession. The fact that one or more representatives from the seven fields of expertise may not at any given point in time be a member of the commission, for whatever reason or reasons, or is absent when a vote is taken by a quorum of the commissioners, shall not affect the validity of any decision of act of the commission. 22A.5-2 The other members of the Urban Design Commission shall be appointed from such other individuals and organizations as the City Council may in its discretion wish to consult or consider. All members shall have knowledge and experience in the architectural, landscape archi- tectural, archeological, cultural, social, economic. ethnic or political history of Lubbock. No one business or professional interest shall constitute a majority membership of the commission.· 22A.5-3 Three of the.original representatives from the seven fields of exper- tise shall serve for one year, two shall serve for two years, and the remaining two shall serve ·for three years. Thereafter they shall each serve for a term of three years. All other members of the Urban Design Commission and subsequent members from these fields of expertise shall serve a term of two years •. Vacancies in an unexpired term shall be filled by .the City Council for the remainder of the term. 22A.5-4 Any appointed voting member of the Urban Design Cornnission who fails to attend three consecutive, regular meetings of the Urban Design Commission or fails to attend at least eighty percent (80%) of all such regular meetings during any six month period shall lose member- ship on the conunissiont unless such failure to attend was the result of illness. Verification of attendance shall be based exclusively on the minutes of each meeting as filed with the City Secretary. The vacancy shall be filled by the City Council pursuant to Section 22A. 5-3. 91_0 ! 22A.6 22A.5-5 In addition to the eleven members appointed by the City Council, the following persons or their designates shall sit on the Urban Design Convnission as ex-officio members: 22A.5-5-1 22A.5-5-2 22A.5-5-3 The Director of Planning for the City of Lubbock. The Building Inspection Administrator for the City of Lubbock. The Zoning Administrator for the City of Lubbock. 22A.5-6 The following persons or their designates shall be asked to sit on the Urban Design Commission as ex-officio members: 22A.5-6-1 The Chairperson of the Lubbock County Historical Commission. 22A.5-6-2 The Chairperson of the West Texas Museum Association. 22A.5-6-3 The Chairperson of the Lubbock Historic Society. 22A.5-6-4 The Chairperson of the Lubbock Historic Foundation. 22A.5-6-5 The President of the Lubbock Board of Realtors. 22A.5-6-6 The President of the Lubbock Chamber of Commerce. 22A.5-6-7 The Chairperson of the Lubbock Association of Mortgage- Lending Institutions. 22A.5-6-8 The President of the Lubbock Chapter of the A.I.A. 22A.5-6-9 The Judge of the County Conmissioner 1s Court of Lubbock County. 22A.5-6-10 The President or Chairperson of the Ranching Heritage Center. · 22A.5-7 The City Council may draw on the knowledge, experience and expertise of any person or entity by appointing such person or entity to the Urban Design Corranission as a special advisor. URBAN DESIGN COMMISSION ---ADMINISTRATION 22A.6-1 The Urban Design Commission shall meet at least once each month, if there are agenda items, with additional meetings upon call by the chairperson or upon petition of.a simple majority of the Commissioners. 22A.6-2 None of the ex-officio members or special advisors shall have any voting power, authority to call a meeting by petition pursuant to Section 22A.6-l, or serve to make a quorum. Ex-officio members and special advisors shall serve to assist the commission in its other various functions. 91-E 22A.7 0 22A.8 22A.6-3 The commission shall adopt appropriate rules and regulations for the conduct of its business and the election of its chairperson and other officers~ 22A.6-4 Minutes shall be taken for each meeting and filed with the City Secretary's Office. Each meeting shall also be tape recorded and said recording shall be incorporated by reference into the official minutes. The absence or inaudibility of any recording, however. shall not serve to invalidate any meeting or the minutes of any meeting. 22A.6-5 Six (6) commissioners present shall constitute a quorum, and all issues shall be decided by a simple majority vote of the members present. Any members voting on recommendations may submit. either individually or collectively, written opinions to the Planning and Zoning Commission or City Council whenever such member or members feel that the voted motion does not adequately represent their expert opinion on the matter under consideration. URBAN DESIGN COMMISSION PLANS REVIEW The Urban Design Commission shall thoroughly familiarize itself with build- ings, structures9 sites, districts, areas and lands within the city which may be eligible for designation as historic lanchnarks and historic landmark districts. Included in this review shall be the Historic Site Survey, Architectural Survey, and Urban Image Analysis in the Comprehensive Plan of the City of Lubbock. These shall be updated as needed. ACTION BY THE URBAN DESIGN COMMISSION 22A.8-1 Any citizen or citizen's group may request the Urban Design Commission to recommend to the Planning and Zoning Commission, ordinances desig- nating certain buildings, structures, sites, districts. areas and lands in the city as historic landmarks and historic lancknark districts. ·The Urban Design Commission shall hold a public hearing on all pro- posed ordinances. 22A.8-2 The Urban Design Commission shall render a decision on the request within ninety (90) days after the request is made. In the event the Urban Design Commission fails to render a decision within the pre- scribed time .limitation, such failure shall be deemed a decision to not recommend the property be designated as a historic landmark_ or historic lanchnark district, in which case said property shall not be reconsidered upon request originating from the Urban Design Conrnission, for recommendation as a historic landmark or historic landmark .dis-·-: trict~ for at least one year, in the absence ~fan altera- tion of material conditions affecting the case. 22A.8-3 If the Urban Design Commission finds that buildings, structures, sites, district, lands or areas recommended for designation as historic land- marks or historic landmark districts cannot be preserved without acquisition, the Commission shall recommend to the City Council that the fee or a lesser interest of the property in question be acquired by gift, devise, purchase, eminent domain or otherwise, pursuant to the City Charter, and State and Federal law. 91-F 0 22A.9 0 22A.8-4 Where there are conditions under which the required· preservation of a historic landmark or historic landmark district would cause undue hardship on the owner or owners, district changes may be reco11111ended by the Urban Design Commission to the Planning and Zoning Cormnission. 22A.·8-5 The designation of a historic landmark or historic landmark dis- trict may be amended or removed using the same procedure provided in this article for the original designation. 22A.8-6 A notice of said zoning shall be placed by the Secretary of the Planning and Zoning Commission in the deed records of Lubbock County for each property designated as a historic landmark or his- toric landmark district. ALTERATION AND CHANGE ---CERTIFICATES OF APPROPRIATENESS ORDINARY REPAIR OR MAINTENA~CE, APPEAL 22A.9-1 LANDSCAPE ARCHITECTURE, BUILDINGS, AND OTHER STRUCTURES AS LANDMARKS. No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior archi- tectural feature or landscape architectural feature of a designated historic landmark unless application be made to 22A.9-2 the Urban Design Commission, for a certificate of appropriate- ness and such a certificate be granted. 22A.9-2-1 22A.9-2-2 NON-LANDMARK LANDSCAPE ARCHITECTURAL FEATURE IN HIS- TORIC LANDMARK DISTRICT. No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any non-landmark landscape architectural feature as may be designated by the City Council for preservation in a designated historic landmark district unless application be made to the Urban Design Cotm1is- sion for a certificate of appropriateness and such a certificate be granted. The normal maintenance of plant material through mowing, trimming, pruning, weed- ing and thinning shall be pennitted but shall not include the total elimination, either literally or effectively, of such plant material. NON-rANDMARK BUILDINGS AND OTHER STRUCTURES IN HISTORIC LANDMARK DISTRICT. No person or entity shall construct, reconstruct, alter or change any exterior feature of a non-historic landmark building or structure that may be located in a designated historic landmark district unless application be made to the Urban Design Commission, for a certificate of appropriateness and such a certificate be granted; excluded from regulation in this paragraph shall be the total demoltion and removal of a non-historic landmark structure that may be located in a designated historic landmark district. 91-G 22A.9-3 PUBLIC IMPROVEMENTS. The Urban Design Commission shall recommend to the City Council acceptable architectural, landscape architectural and engineering design, for public street and street easement use, including street lighting. street furniture. signs. landscapes, utility facilities such as electric poles and wires, telephone lines; design textures of sidewalks and streets, such as brick, stone and tile and such other elements as deemed necessary for enchancement and preservation of the district, before such elements are altered or installed. All city departments and public utilities shall work closely with the Urban Design Conmission in the integration of. such designs by submitting plans of proposed alterations before any such work occurs. 22A. 9-4 PROCEDURE WHEN BUILDING PERMIT IS REQUIRED. 22A.9-4-1 When applying for a building permit for the exterior of a designated historic landmark, or non-historic landmark in a historical district, the applicant shall submit two copies of all detailed plans, elevations, perspectives, specifications, photographs, renderings and other docu- ments pertaining to the work to the building official, who shall forward such application to the Urban Design Commission chairperson within five (5) days of receipt thereof. Any applicant may appear at a regular or special meeting of the Urban Design Comission before submitting an application and may consult with said commission during the review of the pennit application. 22A.9-4-2 The Urban Design Corrmission, upon ten (10) days written notice to the applicant, shall hold a hearing on the application. Upon review of the application, if the Urban Design Commission finds that proposed work is of a nature which will not adversely affect any designated exterior architectural, historic or landscape architec- tural feature of the designated historic landmark or historic landmark district, and is appropriate and con- sistent with the spirit and purposes of this article, as submitted or with noted conditions, it shall notify the building official and forward a certificate of appropriateness to the applicant within ten (10) days after the public hearing. 22A.9-4-3 If the Urban Design Commission finds that the proposed work will adversely affect or destroy any significant exterior architectural feature or landscape architectural feature of any historic landmark or historic .landmark district, or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the building official that the application has been disapproved and shall within ten (10) days of the public hearing notify the applicant in writing of the disapproval. Suggested changes in the application shall accompany the notice of disapproval. 91-H 0 22A.9-4-4 22A.9-4-5 22A.9-4-6 If no action has been taken by the Urban Design Comnis- sion within sixty (60) days of original ·receipt by the Urban Design Co11DT1ission, a certificate of appropriate- ness shall be deemed issued by the Urban Design Commis- sion~ and the building official shall so advise the applicant. No change shall be made in the application for any building permit after issuance of a certificate of appropriateness without resubmittal to the Urban Design Commission and approval thereof in the same ·manner as provided above. After a decision is reached by the Urban Desi'gn Commis- sion denying an application for a certificate of appro- priateness, a resubmittal of application will not be accepted for additional hearing within a twelve (12) month period from the date of final decision except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the Urban Design Commission have been met. 22A.9-5 PROCEDURE WHEN BUILDING PERMIT IS NOT REQUIRED. 22A.9-5-1 22A.9-5-2 Those proposed exterior changes and alteration not re- quiring a building permit shall be submitted in writing directly to the Urban Design Comnission for a certificate of appropriateness which must be received before such work can be undertaken. Applicants shall submit a copy of all proposed altera- tions and changes to the commission. The application must specifically describe the alteration or change pro- posed. Any applicant may appear at a regular o~ special meeting of the Urban Design Commission before submitting an application and may consult with said commission dur- ing the review of the application. The Urban Design Commission, upon ten (10) days written notice to the applicant, shall hold a hearing on the application. Upon review of the application, if the Urban Design Commission finds the proposed work of a nature which will not adversely affect any significant exterior architectural, historical or landscape archi- tectural feature of a designated historic landmark or historic landmark district, and is appropriate and con- sistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the applicant within ten (10) days of the hearing of said application. 91-I 22A.9-5-3 22A.9-5-4 22A.9-S-5 22A.9-5-6 If the corrmission finds that the proposed work will adversely affect or destroy any exterior architectural or landscape architectural feature of the designated historic landmark or historic landmark district, or is inappropriate or inconsistent with the spirit and purposes of this article, the Secretary shall notify the applicant in writing within ten (10) days of the hearing of said application that the application has been disapproved and shall include in such notifica- tion the changes necessary for approval of the appli- cation. If no action has been taken by the Urban Design Com- mission within sixty {60) days of the receipt of the application, a certificate of appropriateness shall be deemed issued by the Urban Design Commission. No change shall be made in the application for issuance of a certificate of appropriateness without resubmittal to the Urban Design Commission and approval thereof in the same manner as provided above. After a dedsion is reached by the Urban Design Conmis- sion denying an application for certificate of appro- priateness, a resubmittal of an application will not be accepted for additional hearing within a twelve (12) month period from the date of final decision except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the Urban Design Commission have been made. 22A.9-6 . ORDINARY REPAIR OR MAINTENANCE. Ordinary repair or maintenance which does not involve changes in architectural, landscape architectural or historical value, style or general design is exempt from the provi- sions of this section. 22A.9-7 APPEAL. Any applicant or interested person aggrieved by a ruling of the Urban Design Corrmission under the provisions of Section 22A.8 or 22A.9 may, within thirty (30) days after the ruling, appeal in writing to the City Council, via the Planning and Zoning Conmission which shall, after hearing thereon, forward its re~ommenddation with the appeal to the City Council. 22A.10 HISTORIC LANDMARKS ---DEMOLITION OR REMOVAL. 22A.10-l If an application is received for demolition or removal of a desig- nated historic landmark, the building official shall immediately forward the application to the Urban Design Commission. The Urban Design Commission shall hold a public hearing on the application ·.; within (30) days after the application is initially filed with the building official. The applicant shall be given ten {10) days written notice of the hearing. The Urban Design Commission shall consider the state of repair of the historic landmark, the reason- ableness of the cost of restoration or repair, the existing or 91-J n potential usefulness, including economic usefulness, the purposes behind preserving the historic landmark, the character of the neigh- borhood, and all other factors it finds appropriate. If the Urban Design Commission determines that in the interest of preserving historical values, and preserving an economically viable building or site, the historic landmark should not be demolished or removed, the Secretary shall notify the building official that the application has been disapproved, and the building official shall so advise the applicant within ten (10) days therefrom. If the Urban Design Commission determines that the interest of pre- serving historical values will not be adversely affected by such demolition or removal, or that the interest of preserving historical values can best be served by the removal of a structure to another specified location, it shall issue its certificate of demolition or its certificate of removal, as may be appropriate, to the building official; and the building official shall so advise the applicant within ten (10) days therefrom. In the event a historic landmark must be demolished and it is not the sole historic landmark in that historic landmark district, said site shall remain a part of that historic landmark district, but shall lose its historic landmark designation. 22A.10-2 If no action has been taken by the Urban Design Commission within sixty (60) days of original receipt by the Urban Design Commission of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the Urban Design Commission and the building official shall so adv_ise the applicant. 22A.10-3 After· a decision is reached by the Urban Design Commission denying an application for a certificate of demolition or a certificate of removal, a resubmittal of application .for such a certificate will not be accepted for additional hearing within a twelve (12) month period from the date of final decision. 22A.10-4 Any person who is aggrieved by a ruling of the Urban Design Commis- sion concerning same historic landmark or historic landmark district under the provisions of the section may, within sixty (60) days after the ruling of the Urban Design Commission, appeal to the City Council via the Planning and Zoning Commission, which shall, after hearing thereon, forward its recommendation with the appeal . to the City Council. Following a public hearing to be held within thirth (30) days of the filing of a notice of such appeal with the City Secretary, the City Council may uphold or overturn any ruling of the Urban Design Commission made pursuant to this section. 22A.11 PROCEDURE FOR OBTAINING BUILDING PERMIT, REMOVAL PERMIT, DEMOLITION PERMIT AND FOR ALTERING THE EXTERIOR OF A BUILDING OR STRUCTURE OR ALTERING A LA.~OSCAPE ARCHITECTURAL FEATURE, DURING PENDENCV OF CONSIDERATION OF SUCH BUILDING OR STRUCTURE AS A HISTORIC LANDMARK OR AS A PART OF A HISTORIC LANDMARK DISTRICT. ' 91-K ("· 22A.11-1 Subject to the folowing conditions, a moratorium shall be enforced during which time no person or entity with or without a building permit. shall construct, reconstruct, alter, change. restore, remove or demolish any exterior architectural feature of any cer- tain building. structure or site or any certain landscape archi- tectural feature. This moratorium shall be in effect whenever: 22A.11-1-1 The date on which the chairperson, vice-chairperson or executive secretary of the Urban Design CO!Jfllission by written order directs that said building, :structure or site within the city be placed ·upon the agenda for any meeting of the Urban Design Corrmission or any corrmittee thereof for the purpose of considering or discussing whether or not the same should be desig- nated as a historic landmark or historic landmark district, or,. 22A.ll-l-2 The date whenever such item be placed on such agenda for such purpose, if date, or 22A.11-1-3 If not dated, the date such agenda is posted in accor- dance with the provisions of V.A.C.S. article 6263-17, as amended. This moratorium shall continue in force and effect until the earliest of the following conditions be met: 22A.11-1-4 A final and binding certificate of appropriateness, removal or demolition, as may be appropriate~ has been issued by the Urban Design Commission; 22A.ll-1-5 The Urban Design Commission fails to recommend that some part or all of any such property be designated a historic landmark or be included within a historic landmark district within sixty (60} days following the earliestof the above described dates activating this section applicable under the circumstances; or, 22A.11-1-6 A final and binding decision has been made by the City Council that no part of any such property shall be designated a hist6ric landmark or shall be included within any designated historic landmark district. 22A.11-2 It shall be the duty of the Urban Design Co1TDJ1ission and its officers to furnish the building official with a copy or written notice of each such written order or such agenda as promptly after the prepara- tion thereof as is practicable. The failure to so furnish the building official with a copy or written notice thereof, however, shall not have the effect of validating any building pennit, removal pennit or demolition permit issued in ignorance of any such..,written order or agenda. In any instance in which any such permit may not be required, it shall be the duty of the Urban Design Commission and its officers to give notice of any such written order or such agenda or such preservation plan or amendment thereof to the owner or owners of any property included within the scope thereof, which notice shall be deemed complete when actually given, orally or in writing, to such owner or owners, or when written notice thereof is deposited in the United States mail, postage ·prepaid~ certified, 91-L I 22A.11-3 with return receipt requested, addressed to such owner or owners, whichever event first occurs. No person or entity to whom any such permit is issued or who, if no such pennit is required, can- mences to construct, reconstruct, alter, change, restore, remove, or demolish any exterior architectural feature of any such building or structure or of any such landscape architectural feature without actual or constructive notice of any such written order or such agenda or such preservation plan .or amendment thereof, as the case may be, as required by the provisions of this subsection, may be found guilty of a misdemeanor as in this ordinance provided; but each such person or ~ntity shall be amendable to the civil sanctions provided in this ordinance. Any permit issued to any person or entity from or after the date of any such written order or such agenda shall be null, void and of no force or effect until the earliest of the events described in subparagraphs 22A.11-1-4, 22A.ll-l-5, and 22A.11-1-6 of subsection (1) next above to occur. 22A.12 HISTORIC LANDMARKS ---OMISSION OF NECESSARY REPAIRS. 22A.12-1 A designated historic landmark shall be maintained to insure the structural soundness of such landmark. 22A.12-2 If the Housing .Standards Administrator or the Urban Design Commission, or both, find there are reasonable grounds to believe that any struc- ture which is a designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the Housing Standards Admi.nistrator shall notfiy in writing the owner of record of the designated historic landmark of such fact and shall otherwise proceed to enforce the minimum housing code of the City of Lubbock. 91-M (: I 23.1 SECTION 23 SIGNS PURPOSE The purpose of this Section is to provide uniform sign standards which pro- mote a positive City image reflecting order, harmony and pride and thereby strengthening the economic stability of Lubbock's business, cultural and resi- dential areas. Objectives to be pursued in applying specific standards are as follows: 23.1-1 23.1-2 23.1-3 23.1-4 23.1-5 To identify individual business, residential, and public uses without creating confusion, unsightliness, or visual obscurity of adjacent businesses. To assure that all signs in terms of size, scale, height, and location are properly related to the overall adjacent land use character and development lot size. To assure that all signs, in terms of color, form, material and design are compatible with other structual .forms on the development lots. To assure that off-premise advertising is compatible with adjacent land uses and does not obscure views of adjacent on-premise signs. To assure that all signs, sign supports and sign bases shall be so constructed and designed to provide for design compatibility with the development. Where possible, the materials used, the form, color, lighting and style should be similar to the materials used in the development. 23.2 GENERAL PROVISIONS 23.2-1 23.2-2 23.2-3 23.2-4 All signs shall pertain to the identification of the primary uses and/ or primary services provided or primary products sold on the premises, except for billboards, auxiliary, governmental, or community service signs as provided. All signs, where applicable, shall meet the standards of the City Building Code. Except as herein provided, no person or business firm, acting either as principal or agent, shall alter the copy face or lettering of any sign, except for Section 2.14 signs and signs with temporary messages made from interchangeable cha·racters attached to tracks or grooves on the sign board, either by changing the message or by renovating an existing message or shall erect any sign or sign structure until a sign permit for such work has been issued by the building official to a bonded contractor or the owner or occupant of the premises where the work is to be done. No permit shall be required for non-illuminated signs otherwise pennitted in Sections 23.7-1, 23.7-2, 23.9-5-4, 23.10, 23.12, 23.13 or 23.14 Not more than two sides of a sign structure may be used for display. 92 / I 23.2-5 23.2-6 23.2-7 23.2-8 23.2-9 23.2-10 23.2-11 No ·sign, sign structure, or sign support shall project over any property line, except that' a sign placed flat against the wall of a building, which is on the property line may project eighteen (1-8) inches over the property line. Trees, rocks, bridges, fences, windmill towers and dilapidated buildings shall not be used as sign supports. All business locations shall be identified by a street address sign which is clearly visible from the street. 11Reserved. 11 Signs with flashing, blinking or traveling lights shall have light bulbs which do not exceed thirty-five (35) watts each. Not more than twenty-five (25} percent of the area of any sign, except for Section 2.14 signs, provided by an off-premise business may be devoted to advertisement of products provided by that off~premise business. In the event that more than one sign-related definition applies to a non-prohibited proposed sign, resulting in conflicting regulations thereon, the sign applicant may choose the definition that is to apply, with qualification that any regulations related to that definition must be adopted. Where the proposed sign is of a type that is pro- hibited, it shall remain prohibited notwithstanding that it may also come within the definition of an approved type of sign. 23.3 PROHIBITED SIGN 0 The following signs sha11 be prohibited in all Districts. 23.3-1 23.3-2 23.3-3 23.3-4 Any signs and supports, other than those signs and supports required by governmental authority, or for which a street use license has been issued, which are located on the public right-of-way, including on public street, alleys and parkways. This section shall not apply to signs on coimnercial vehicles or commercial trailers lawfully operated or parked in such areas, except that this exception shall not otherwise be used tolegitimatethe use of advertising vehicles and trailers prohibited in Section 23.5-1 following or portab1e or wheeled signs prohibited in Section 23.3-8 following. Signs with flashing, blinking, or traveling lights, regardless of wattage, which are located within forty-three {43) feet of any street right-of-way. Signs with flashing, blinking, or traveling lights, regardless of wattage, and excepting time and temperature signs which are located within one thousand (1,000) feet of any street intersection. 11 Reserved. 11 Banners, pennants, search lights, twirling signs, sandwich or "A11 frame signs, sidewalk or curb signs, balloons or other gas filled objects. (Except banners, pennants, and search lights may be per- mitted for a period not to exceed ten (10} days for grand openings. A written permit shall be obtained from the Administrator.) 93 23.3-5 23.3-6 23.3-7 23.3-8 23.3-9 Flags, other than those of any nation, state or political subdivision or one flag which shows an emblem or logo of a Firm or Corporation, provided all other regulations of Section 23 are met. Any signs which resemble an official traffic sign or signal of which bear the words 11Stop11 • 1160 Slow11 , 11Caution11 , "Danger", 11Warning"_, or s·imilar words. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emer- gency or road equipment vehicle, or which hide from view any traffic or street sign or signal or device. Portable or wheeled signs. Any sign which emits sound, odor or visible matter which serve as a distraction to persons within the public right-of-way. 23.4 ABANDONED OR DAMAGED SIGNS 23.4-1 23.4-2 All abandoned signs and their supports shall be removed within ninety {90) days from the date of abandonment. All damaged signs shall be repaired or removed within ninety {90) days. The Administrator shall have the authority to grant a time extension not exceeding an addi- tional ninety (90) days from an abandoned, non-damaged sign. Should the responsible party or parties, after due notice, fail to correct a violation of this section, the Administrator shall cause such signs and their supports to be demolished and removed. If such sign cannot be demolished because it is painted on a building or other non-sign structure, such sign shall be painted over or removed by sand-blasting. The Administrator shall also file against the property a lien in the amount of the cost of all such work. 23.5 PARKING OF ADVERTISING VEHICLES 23.5-1 0 No person shall park an advertising vehicle or trailer on a public right-of-way, on public property, or on private prop-erty so as to be visible from a public right-of-way. I ~23.6 NON-CONFORMING SIGN ABATEMENT 23.6-1 The following signs and/or advertising items shall become non-conforming on the effective date of this ordinance and shall be brought into compliance or removed within six (6) months of the effective date of this ordinance. 23.6-1-1 23.6-1-2 23.6-1-3 23.6-J-4 23.6-1-5 23.6-1-6 23.6-1-7 23.6-1-8 23.6-1-9 Signs with flashing, blinking, or traveling lights, regardless of wattage, which are located within forty- three (43) feet of any street right-of-way. Signs .with flashing, blinking, or traveling lights, regardless of wattage, and excepting time and temperature signs which are located within one thousand (1,000) feet of any street intersection. Any sign which is affixed to sign supports prohibited in Sec. 23.2-6. Banners, pennents, search lights, twirling signs, sandwich or 11A11 frame signs, sidewalk or curb signs, balloon or other gas-filled objects, except as provided in Section 23.3-4. Flags, other than those of any nation, state, or political subdivision or one flag which shows an emblem or logo of a Finn or Corporation. Any signs which resemble an official traffic sign or signal or which bear the words 11Stop 11 , 11 60 Slow", "Caution", 11 Danger11 , 11Warning11 , or similar words. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be con- fused with or construed as a traffic control sign, signal, or device, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or street sign or signal or device. Portable or wheeled signs. Any sign which emits sound, odor or visible matter, which serve as a distraction to persons within the public right- of-way. Any signs and their supports in violation of Section 23.3-1 are hereby deemed -to be in trespass on public property and shall be immediately removed by the Administrator or his agent. This removal shall be done in a manner, if reason- ably possible, to preserve the value of such signs and supports. If the Administrator directs an independent contractor to remove said signs and supports, the cost of such work shall be minimized by the Administrator to what- ever extent is reasonably possible. I -0 23.7 23.6-2 23.6-1-9 The owners of any removed signs and supports, except for signs made of paper or cardboard or their supports, shall be notified. The first attempt at notice shall be within three (3) days of the removal of the sign and supports. The manner of notice shall be that which will best achieve notice under the circumstances, including the use of cer- tified mail, hand delivery or publication. Refusal of certified mail. which has been properly addressed and posted shall not void the notice. Hand delivery may be employed where the addressee is within the City limits and when his whereabouts are specifically known. Publication may be used when the addressee or his whereabouts are unknown and said publication shall be done in the same manner as prescribed in Vernon's Annotated Civil Statutes for service of process by publication. Notice by publica- tion shall be deemed sufficient regardless of its effect as actual notice. Said notice shall infonn the recipient that the City of Lubbock is in possession of that certain sign and supports, why they were removed, and where they may be reclaimed, as well as the infonnation contained in the remainder of this section. With the exception of signs made of paper or cardboard and their supports which may be disposed of immediately, removed signs and supports shall be stored a period not to exceed fourteen (14) days beginning the first day of effective notice, whether actual or constructive. A storage charge of five dollars ($5.00} per day will be levied beginning the fourth day of that fourteen (14} day period. Before the expiration of the storage period, the owner of the sign and supports may reclaim his property upon payment of any storage charges and the cost of removal, if such removal was done by an independent contractor. If said sign and support have not been reclaimed by the expiration of the storage period, they may be disposed in whatever ma~ner the Administrator shall choose. If in his opinion the sign and supports are not capable of being sold they may be discarded, but if sold, the proceeds therefrom shall be first applied to the storage charge and removal charge if any, and the remaining balance shall be mailed to the past owner of the sign and supports, if reasonably possible, or if not, then to the general fund of the City. All signs not covered by Section 23.6-1 which are in violation of other provisions of Section 23 shall become non-conforming. Said signs shall be brought into compliance by alteration or removal, by January lt 1982 unless the height, area, location or supports of an existing sign are altered, in which case the sign shall be brought into compliance at the time of alteration. Nothing in this section shall prevent the removal of damaged or abandoned signs under Section 23.4 or the termination of non-conforming uses under Section 24. The following signs shall be permitted in the 11R-l" and "R-211 Districts. 96 / I 23.7-1 23.7-2 23.7-3 23.7-4 One (1) sign not exceeding one and one-half (l½) square feet in area, indicating only the name and address of the occupant, for each resi- dential unit. One (1) unlighted sign not exceeding four square feet in area on each development lot pertaining to the prospective sale or rental of the property on which it is located. Specific Use District -Signs shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respective district in which the use is otherwise permitted. Conditional uses: Sign requirements for all conditional uses shall be set by the Zoning Board of Adjustment, and in no case shall the requirements exceed the requirements for that use or similar type uses in the district in which the use is ordinarily permitted. 23.8 The following signs shall be permitted in the 11A-l 11, 11A-2", 11A-J11 , and 11AM11 Districts. 23.8-1 23.8-2 23.8-3 11R-l11 and 11 R-211 uses shall ·meet the requirements of their respective 11 R-l11 or R-211 Districts. Permitted uses - 23.8-2-1 . Primary identification signss each having an area not exceeding ten (10) percent of the area of one (1) wall or five (5) percent of the area of two (2) walls, where applicable, or fifty (50) square feet, whichever is less. 23.8-2-2 Informational type signs~ each not exceeding ten (10) square feet in an area per building. 23.8-2-3 All signs shall be places flat against the wall of a- building and shall not project above the parapet wall or side wall of the building. 23.8-2-4 All signs, except for the informational signs, shall identify and development by name and address only. Signs may be back lighted, indirect lighted, internal lighted, or lighted by spots. Specific Use District -Sign shall be specifically described and indicated on the site plan. The sign requirement for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. 23.9 The following regulations shall apply in the 11 CA11 , ''C-1 11 , 11 C-2N1 , 11 C-2,-"C-3", "C-4", "M-111 and ."M-211 Districts. 23.9-1 Specific Use District -Free-standing sign locations shall be specifi- cally indicated on the site plan. The sign requirements for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. 97 23. 9-2 23. 9-3 23. 9-4 · 23.9-5 Conditional Uses: A conditional use shall have the sign requirements for the zone district in which it is to be allowed unless the signs are described on a site plan approved by the Zoning Board of Adjust- ment in which case the sign requirements for each use shall not be less restrictive than those of the respective district in which the use is otherwise first permitted. The combined area of all signs shall not exceed one and one-half {l½) square feet of area for each lineal foot of lot frontage on the prin- ciple or fronting street, except as provided in Section 23.9-7-2-1. WALL Signs Wall signs shall project no more than· two (2} feet perpendicular from the wall and not more than three {3) feet vertically above the wall of a building. Not more than ten (10} percent of any wall shall be devoted to wall signs, except when free-standing signs are allowed but not used, this may be increased to not more than 15%. CANOPY Signs Canopy signs shall be counted as a part of and limited to the per- centage allowable for wall signs. Canopy signs may not exceed twenty (20) feet in height. 23.9-5-1 23.9-5-2 23.9-5-3 Signs on Front Side of Building CanOPYt Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the front side of a building canopy shall not project beyond the width of that canopy. more than six (6) feet above the top of the canopy, or more than three (3} feet above the building roof line. For the purposes of Section 23.9-5 the front side of a canopy shall be any side parallel to, or more parallel than perpendicular to, the building wall on which the canopy is attached. Signs on Lateral Side of Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the lateral side of a building canopy shall project neither beyond the width of that canopy side nor more than two (2) feet above the canopy roof line, except that the vertical dimension of said signs shall not exceed three (3) feet. For the purposes of Section 23.9-5 the lateral side of a canopy shall be any side perpendicular to or more perpendicular than parallel to, the building wall on which the canopy is attached. Signs on Roof of Building Canopy Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs placed on the roof of a building canopy and which are parallel to, or more nearly parallel to than perpendi- cular to, the front side of the canopy shall be regulated in Section 23.9-5-1 above. Signs placed on the roof of a building canopy and which are parallel to, or more nearly parallel to than perpendicular to, a lateral side of a canopy shall be regulated in Section 23.9-5-2 above. 98 23.9-6 23.9-7 23.9-5-4 23.9-5-5 Signs Under Building CanoPY Excluding Detached Accessory Island Canopy With or Without Enclosed Booth. Signs may be attached to and suspended from the underside of building canopies with the following restrictions: a) Not more than one such sign is permitted per business. b) Such sign must identify only the store1 s name. c) Such sign must have an area not exceeding four (4) square feet. d) The bottom edge of such sign must not be more than one (1) foot below the bottom edge of the canopy. e) Such a sign may be placed perpendicular to the front wall of the building except that nothing in the Section 23.9-5-4 shall supercede Section 23.2-5 herein. Signs Placed on Free-Standing Canopy or Detached Accessory Island Canopy. · Signs may be located any place on a canopy that is not attached to a building (except for gasoline pump islands which may have a booth) except that such signs shall not project beyond the width of that canopy, more than two (2) feet above that canopy or more than one (1) foot below that canopy. SLOPING ROOF Signs Sloping roof signs shall not project horizontally or vertically beyond the roof line. Not more than ten (10) percent of any sloping roof area shall be de- voted to these signs. FREE-STANDING Signs 23.9-7-1 One {1) free-standing sign for each free-standing building, not to exceed one (1) free-standing sign per development lot, (except as provided in Section 23.9-7-2-1), shall be permitted only as indicated below. 23.9-7-1-(a) 11CA11 , "C-1 11 , 11 C-2A 11 , 11 C-211 , 11C-311 , 11C-4", 11M-l11 and "M-211 Districts with frontage on a thoroughfare. 23.9-7-1-(a)-1 AREA: The area of a free-standing sign shall not exceed an amount equal to 0.40 square feet per front foot of lot and in no case shall this sign area ex- ceed two hundred and fifty (250) square feet. 23.9-7-1-(a)-2 HEIGHT: For lots with frontage of 0'-991 , sign height shall not exceed five (5) feet. For lots exceeding 99 feet of lot frontage, the sign height shall not exceed five (5) feet, plus one (1) foot of sign height for each twenty (20) feet of lot frontage. In no case shall sign height exceed thirty {30) feet. 23.9-7-1-(a)-3 SETBACK: Setbacks shall be a minimum of ten (10) feet or one and forty-three one-hundredth (1.43) feet for each foot of sign height, whichever is greater. 99 23.9-7-1-(a}-4 SPACING: Free-standing signs shall not be placed closer to a side lot line than a distance equal to ¼ of the lot frontage. 23.9-7-1-(b) 11CA11 , "C-111 , 11C-2A11 , 11C-2", HC-311 , "C-411 , "M-lu and "M-211 Districts with frontage on Expressway Right-of-Way. 23.9-7-1-(b)-l AREA: The area of a free-standing sign shall not exceed an amount equal to 0.40 square feet per front foot of lot and in no case shall this sign area ex- ceed two hundred and fifty (250) square feet. 23.9-7-1-(b)-2 HEIGHT: For lots with frontage of 01-99'. sign height shall not exceed twenty (20) feet. For ·1ots exceeding 99 feet of lot frontage, the sign height shall not exceed twenty (20) feet, plus one (1) foot of sign height for each forty (40) feet of lot frontage. In no case shall sign height exceed thirty-five (35) feet. 23.9-7-1-(b)-3 SETBACK: Setback shall be a minimum of one and twenty-two one-hundredths (1.22) feet for each foot of sign height. 23.9-7-1-(b}-4 SPACING: Free-standing signs shall not be placed closer to a side lot line than a distance equal to ¼ of the lot frontage. 23.9-7-2 All free-standing signs permitted in Section 23.9-7 shall comply with the following: 23.9-7-2-1 On corner lots, that frontage on the major or primary street shall be construed to be the development lot frontage, and no more than one (1) sign shall be permitted, except on a devel- opment lot located at the intersection of two major thoroughfares or two expressways or a major thoroughfare and an expressway, a free- standing sign shall be permitted on each such thoroughfare or expressway or one (I) sign, of the same size, height, and setbacks, may be placed on the corner, provided it is not within the visibility triangle. 23.9-7-2-2 No sign shall be placed within the "visibility triangle" as defined in this ordinance. 23.9-7-2-3 To compute the allowable square footage of sign area, only one (1) side of a double face sign shall be considered. 23.9-7-2-4 Development lot frontage shall be defined as that frontage under one (1) development at the time of application for sign permit. 23.9-7-2-5 Free-standing signs may rotate not more than six (6) revolutions per minute. 100 I 23.9-8 2-3.9-7-2-6 ROOF SIGNS Free-standing signs may be placed on the roof of a building provided the height, setback, square footage, and location requirements of this section are met. Roof signs on a building which is eight (8) stories or more in height, shall not be limited by Section 23.9-7-2-6, except for its allowable square footage requirement. No roof signs, regardless of height, may rotate more than six {6) revolutions per minute. 23.10 AUXILIARY Signs Auxiliary signs not exceeding ten (10) square feet in total area per building may be placed in a window or flat against the wall of a building. Free-standing auxiliary signs of not more than two and one-half (2½) feet in height and three (3) square feet in area are permitted on private property if limited to traffic direction or parking direction. Auxiliary sign area shall not be counted against total permitted sign area. 23.11 TEMPORARY CONSTRUCTION SITE ANO FOR-SALE AND RENTAL Signs For-sale signs~ rental signs or temporary construction site signs not exceeding thirty-two (32) square feet in area and ten (10) feet in height may be._placed at a development site, on property of one (1) area or more for a period of one (1) year. r-,. 23.12 GOVERNMENTAL Signs Governmental signs not exceeding thirty-two {32) square feet in area and not exceeding ten (10} feet in height, shall be permitted. Such standards shall not apply where State or Federal regulations are in conflict with these standards. 23.13 TEMPORARY BUSINESS PROMOTIONAL Signs Any temporary business promotional signs shall only be placed in or on windows and shall have a combined area not exceeding 10% of the area of all the windows on the same wall. Said sign area shall not be counted against total permitted sign area. 23.14 COMMUNITY SERVICE Signs Any community service signs for seasonal celebration shall have no size limita- tion if placed in or on windows. Any community service signs, not of a seasonal celebration nature, shall be placed in or on windows and shall have a combined area not exceeding 10% of the area of all the windows on that same wall. Such sign area shall not be counted against permitted wall sign area. 23.15 BILLBOARDS (Poster panels or bulletins, multi-prism signs, or painted or printed bulletins) Outdoor advertising signs of this type shall be permitted in the 11C-4 11 , "M-1", and "M-211 Districts, subject to the following conditions: 23. 15-1 Billboards shall be constructed to meet the construction standards as established in the City of Lubbock Building Code. 100-A 23.15-2 23.15-3 23.15-4 23.15-5 23.15-6 23.15-7 23.15-8 23.15-9 Billboards located in a 11C-4 11 District shall be a minimum of eighty (80) feet from any residentially zoned property line. The maximum area of any billboard located in a 11 C-411 District shall be three hundred (300) square feet. The maximum area of any bi 11 board 1 ocated in the 11M-l II or 11M-211 Districts shall be seven hundred and fifty {750) square feet. There shall be a minimum separation of two hundred (200) feet be- tween all billboards on the same side of a street, provided however. this shall be increased to five hundred (500) feet ·on expressways. Billboards shall have a setback of not less than the greater of 1) 43 feet, or 2) the greatest setback of a 11 the front bui 1 dings on the lot on which the billboard is located, or if none, then that of the lots contiguous to the lot upon which the billboard is located. Billboards shall have a maximum height of thirty-five (35) feet. All lighting of billboards shall be so shielded as not to produce intensive or excessive light or glare on adjacent property. Billboards shall be prohibited from being placed within the Canyon Lakes Policy Zone and Memorial Civic Center area. 100-B 0 I 24. l SECTION 24 NONCONFORMING BUILDINGS AND USES The lawful use of any building, structure or land save and except signs and billboards existing at the time of the enactment of this ordinance may be continued although such use does not conform with the provisions of this ordi- nance provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to such regulations, as the maintenance of the premises and conditions of operation as may, in the judgement of the Board of Adjustment, be·reasonably required for protection of adjacent property and further, the right of nonconforming uses to continue shall be subject to the specific regulations herein contained. NONCONFORMING BUILDINGS 24.1-l 24. 1-2 24.1-3 Occupancy permitted. A nonconforming building or structure may be occupied except as herein otherwise provided. Repairs or alterations. Repairs and alterations may be made to a nonconforming building or structure; provided that no structural alterations shall be made except those required by law or ordinance; and further that these regulations shall never be construed to allow an addition to a nonconforming building except that such building may he added to or altered for the purpose of installing and en-· closing sanitary facilities such as toilets and bathrooms and the Building Inspector is authorized to issue building pennits for such inprovements, provided however, that such improvements to provide sanitary facilities shall not exceed sixty (60) square feet in area. Addition, enlargements, moving: 24.1-3-1 A nonconforming building or structure, save and except signs and billboards shall not be added to or enlarged in any manner unless such addition and enlargement are made to confonn to all the requirements of the district in which such building or structure is located; provided however, a pennit may be issued for an addition to an · existing residence in a manufacturing district, where such addition does not increase the number of dwelling units within such residence. 24.1-3-2 No nonconfonning building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to confonn to all the regulations of the district. 24.1-3-3 · ·Restoration ·of damaged buildings. A nonconforming buildi_ng or structure which is damaged or partia"lly destroyed by fire, flood, wind, explosion, earthquake, 101 or other calamity or act of Godt shall not be _again restored or used for such purpose if the expense of such restoration exceeds seventy-five (75) percent of the replacement cost of the building or structure at the time such damage occurred. Any nonconforming buildings or structure partially destroyed may be restored provided restoration is started within twelve (12) months of the date of partial destruction and is diligently prosecuted to completion. Whenever a non- conforming building or structure is damaged in excess of seventy-five (75) of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new building. 24.2 NONCONFORMING USES OF BUILDINGS 24.2-1 24.2-2 24.2-3 24.2-4 24.2-5 Continuation. Except as otherwise provided in this ordinance, the nonconforming use of the building or structure lawfully existing at the time of the effective date of this ordinance may be continued. The use of a nonconforming building or structure may be changed to a use of a more restricted classification, and where the use of a nonconforming building or structure is hereafter changed to a use of a more restricted classification. it shall not thereafter be changed to a use of less restricted classification. A vacant, nonconfonning building or structure lawfully constructed may be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the effective date of this ordinance, and the use of a nonconfonning building or structure lawfully constructed which becomes vacant after the effective date of this ordinance, may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the building becomes vacant. Ex ansion rohibited. A nonconfonning use of a confonning building or structure i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure, ·nor changed except to confonning use. If such nonconforming us or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in coofonnity with the regulations of the district in which such building or structure is located. Extension. A nonconforming use shall not be extended, but the extension of a lawful use of any portion of a lawfully existing nonconforming building or structure which existed prior to the enactment of this ordinance shall not be deemed the extention of . such nonconforming use. 102 24.3 NONCONFORMING USE OF LAND 24.3-1 Continuation of use. The nonconforming use of land existing at the time of the effective date of this ordinance may be continued, provided: 24.3-1-1 23.3-1-2 That no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. That if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land or portion thereof shall be in conformity with the provisions of this ordinance. 24.4 NONCONFORMING SIGNS OR BILLBOARDS All signs or billboards which become nonconfonning on the effective date of this ordinance shall be brought into compliance or removed by January 1, 1982, except as provided for miscellaneous signs in Section 23.6-2. 24.5 ABANDONMENT A nonconforming use of any building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned: 24.5-1 24.5-2 24.5-3 24.5-4 When the intention of the owner to discontinue the use is apparent, or, When the characteristic equipment and furnishings of the nonconfonning use have been removed from the premises and have not been replaced by similar equipment within one (1) year, or, When a confonning building, structure or land or portion.thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of one (1) year or, When it has been replaced by a confonning use. 24.6 DISPLACEMENT 24.7 No nonconforming use shall be extended to displace a conforming use. UNLAWFUL USE NOT AUTHORIZED Nothing in this ordinance shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this ordinance~ not withstanding any of the other provisions of this ordinance. 103 24.8 / 0 DISTRICT CHANGES Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of a new territory or changes in the regulations or restrictions of this ordinance, the foregoing provisions sha11 also apply to any nonconfonning uses existing there- in which may so become nonconforming. 25. l 0 SECTION 25 ZONING BOARD OF ADJUSTMENT PROVISIONS FOR 25.1-1 25. 1-2 25.1-3 25. 1-4 25.1-5 25.1-6 There is hereby created a Zoning Board of Adjustment consisting of five regular members, each to be appointed by the C1ty .~ounuil, and also consisting of three alte·rnate-members appointed by the City Council. -Any ·one or all of said Board of Adjustment alternate members may· serve as: an acting member at any meeting of said Board in the absence of any regular members of said Board. Regular and alternate members of the Zoning Board of Adjustment shall be appointed for a term of two (2) years and shall be removable for cause by the City Council upon written charges and after a public hearing. Vacancies shall be filled by appointment by the City Council of a suitable person to serve out the unexpired term of any regular or alternate member of said Board of Adjustment whose place on said Board has become vacant for any cause. The Administrator of Zoning & Environmental Control for the City of Lubbock whall be an ex-officio member of the Zoning Board of Adjustment without power of vote and as an ex-officio member of such Board shall act as Secretary of the Zoning Board of Adjustment and shall set up and maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, firms, and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the mailing clerk, Post Office, or mail box and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the City of Lubbock. The Board shall adopt rules to govern its proceedings, provided, however, that such rules are not inconsistent with this ordinance. Meetings of the Board of Adjus-qnent shall be held at the call of the Chairman and at such other times as the Board may detennine. All meetings of the Board shall be open to the public. The Board shall keep Minutes of its proceedings9 showing the vote of each member upon each question, or, if absent of faili_ng to vote, indicating such fact, and shall keep records of its examinations and other official actions and every decision of the Board of Adjustment shall be in writing and shall contain a full record of the findings of the Board in each case, all of which shall be irrmediately filed in the office of the Board and shall be a public record. 105 25. 1-7 ,. I 25.1-8 25.2 POWERS 25.2-1 25.2-2 25.2-3 25.2-4 25.2-5 25.2-6 25.2-7 The Secretary of the Board of Adjustment shall forthwith notify in writing the City Council, the Planning and Zoning Commission and the City Building Inspector of each decision, interpretation, special exception and variance considered under the provisions of this ordinance. The Chairman, or in his absence, the acting Chairman, may administer oaths or compel the attendance of witnesses. The Zoning Board of Adjustment shall be limited to the following areas of jurisdiction. If a question arises pertaining to an area of jurisdiction that is not specifically stated in this section, the Zoning Board of Adjustment shall not act on the item under question until a clarification or ruling has been obtained from the City Council. The Zoning Board of Adjustment may hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance and may also decide any question the interpretation of any of the provisions of this ordinance including determination of the location of any district boundary, if there is uncertainty in respect thereto .. The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the tenns of this ordinance in harmony with its general purpose and intent and in accordance with the general and specific rules herein contained. .The Zoning Board of Adjustment may authorize, upon appeal, in specific case such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to such condition, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. The Zoning Board of Adjustment shall have the power to grant special exceptions or variances to the general requirements or provisions of this ordinance as stated herein. However, the Zoning Board of Ad- justment shall not have the power to grant special exceptions or variances to any requirements or conditions placed on any Zone Case enacted by ordinance, by the City Council which are in addition to the general requirements and provisions of this ordinance. The Zoning Board of Adjustment shall not have the power to grant any special exception or variance which allows a use permitted in a less restricted Zoning District to be placed in a more restrictive Zoning District except for those uses provide for as 11Conditional Uses 11 • The Zoning Board of Adjustment shall not have jurisdicition to he~ra review, reverse, or modify and decision, determination or ruling with respect to the granting, extention, revocation, modification or 106 any action taken relating to any Specific Use Zone Changes. PROCEDURE COVERING SPECIAL EXCEPTIONS, APPEALS AND GRANTING OF VARIANCES 25.3-1 APPEALS AND VARIANCES 25.3-1-1 ,, 25.3-1-2:. 25.3-1-3 25.3-2 Appeals and requests for variances to the Board of Adjustment may be taken by a person aggreived or by. an officer~ department, board of bureau of the City of Lubbock affected by any decision of the adminis- trative officer. Such appeal or request for variance shall be taken within fifteen (15) days time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Secretary of the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith have made available to the Secretary of the Board all the papers constituting the record upon which the action appealed from was taken. Such notice of appeal properly files as herein provided shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a Court of Record on application or notice to the officer from whom the appeal is taken on due cause shown. · Upon notice of appeal or application for a variance being given to the Secretary of the Board of Adjustment, before such appeal or request for variance shall be construed ~s having been perfected the applicant must deposit $75.00 - (seventy-five dollars) with the Secretary, Zoning Board of Adjustment, to pay for the advertising, publishing, and mailing of required notices, and when an appeal · involves the issue of development of a specific tract of land, applicant must concurrently file six (6) copies of a site plan drawn to scale showing existing and proposed development of the property in question . . 'SPECIAL EXCEPTIONS Applications for special exceptions to the terms of this ordinance shall be made in writing on forms provided in the office of the Secretary of the Board of Adjustment by the prospective occupant and/or owner of the property. The ·applicant must deposit $75.00 (seventy-five dollars) with the Secretary, Zoning Board of Adjustment, to pay for the advertising, publishing and mailing of required notices and, when an appeal involves the issure of development 107 n I 25.4 r, r 25.3-3 of a specific tract of land applicant must concurrently file six (6) copies of a site plan drawn to scale showing existing and proposed development of the property in question. NOTICE The Zoning Board of Adjustment shall hold a public hearing on all special exceptions, granting of variances and appeals and written notice of all such public hearings shall be sent by the Secretary of the Board on forms prepared by the City Attorney 1 s office to the applicant and all other persons deemed by the Board to be affected thereby, and all owners of real property lying within two hundred (200) feet of the property on which the special ex- ception, variance or appeal is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Such notice may be served ,by depositing the same properly addressed and postage paid in the City Post Office. Notice shall also be given by publishing the same in a newspaper of ge~eral circulation in the City of Lubbock as least fifteen (15) days prior to _the date set for hearing, which notice shall state the time and place of such hearing, provided, however, all provisions contained herein with respect to the mailing and publishing of notices of hearing shall be deemed sufficient upon substantial compliance with this section. THE HEARING 25.4-1 25.4-2 25.4-3 25.4-4 25.4-5 Upon the hearing any interested party may appear in person or· by agent or by attorney. The burden of proof shall be on the applicant to establish the facts necessary which the Zoning Board of Adjustment must find before grant- ing any special exception, variance or appeal as herein contained. In exercising the powers herein granted, the Board may, in conformity with the provisions of this ordinance r~verse or affinn wholly or partly or may modify the order, requirement, decision or detennination appealed from and may make such order, requ_irement, decision or deter- mination as ought to be made and to that end shall have all powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirements, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variation of this ordinance or grant any special exception hereto. No appeal, variance or special exception applications shall be allowed which contain any portion of property that was included in an application acted on by the Zoning Board of Adjustment during the preceeding six (6) months. 108 / I 25.4-6 Any special exceptions, variances, or appeals authorized or granted by the Board of Adjustment either under the provisions of this Or- dinance or under the authority granted to the Board of Adjustment under the statutes of the State of Texas shall authorized the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of one hundred and eighty (180) days from the date of the favorable action on the part of the Board of Adjustment, unless said Board of Adjustment in its Minutes shall, at the same time, grant a longer period. Provided, however, no building pennit shall be issued pursuant to the granting of a special exception, variance or appeal by the Board of Adjustment until the expiration of ten (10) days after the filing of the decision granting such special exception, variance or appeal in the office of the Board. In the event any person entitled to do so should within said ten (10) days appeal the decision of the Board of Adjustment to the Courts, no permit shall be issued by the Building Inspector pursuant to such special exception, variance or appeal until the action of the courts supporting the decision of the Board becomes final, and the issuance of a building permit or certificate of occupancy, as the case may be, is authorized for a period of one hundred and eighty (180) days from the date the action of the courts became final. If the building pennit and/or certificate of occupancy shall have not been issued within said one hundred and eighty (180) days period, or such extended period as the Board may specifically grant, than the special exception, variance or favorable appeal shall be deemed, waived and all rights thereunder terminated. Such terminating and waiver shall be without prejudice to a subsequent appeal to said Board in accordance with the rules and regulations herein contained. 25.5 EXCEPTIONS ANO VARIANCES DISTINGUISHED 25.5-1 25.5-2 A special exception is pennission given by the ~oard properly authorized by this ordinance in specific cases for a applicant to use his property in a manner contrary to the provisions of this ordinance provided such use subserves the general welfare and preserves the corronunity interest. A variance on the other hand, is an authorization by the Board granting relief and doing substantial justice in the use of the applicant1 s property by a property owner where, owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship. 25.6 SPECIAL EXCEPTIONS 25.6-1 A special exception may be granted an applicant when the Board of Adjustment finds: 25.6-1-1 25.6-1-2 That the granting of such exception will not be injurious or otherwise detrimental to the public health. safety, morals and the general welfare of the general public, and; That the granting of such exception will not be sub- stantially or pennanently injurious to the property or improvements in such zone or neighborhood in which the property is located, and; 109 25.6-2 25.6-3 25.6-1-3 25.6-1-4 That the granting of such exception will be in harmony with th~ general purpose and intent of this ordinance. ln determining its finding, the Board shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons re- siding or working in such building or upon such land and traffic conditions in the vincinity. The Board of Adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained, authorize special exceptions to this ordinance as follows: 25.6-2-1 25.6-2-2 25.6-2-3 25.6-2-4 25.6-2-5 25.6-2-6 25.6-2-7 25.6-2-8 Permit the reconstruction, extension or enlargement of a building occupied as a nonconforming use. Permit the extension of a nonconforming use in a building upon a lot occupied as a nonconforming use. Granting in relatively undeveloped sections of the City temporary and conditional permits for not more than two (2) year periods for any use of land, excluding structures. Permit the use of property in the 11 R-l 11 or 11R-211 Districts adjacent to the 11R:..3 11 , 11A11 ' ncu, or 11M'1 Districts, even if separated therefrom by an alley or by a street, for the parking of passenger cars ~nder such safeguards and conditions of the setback requirements of the more restricted property, provided no other business use is made of such property, and further provided that such parking area shall not extend a greater distance than two hundred (200} feet form the 11R-311 , 11A11 , 11C11 or "M11 Districts. Permit the use of property owned by a church for the parking of passenger cars in any district under such safegurards and conditions as are necessary to protect adjacent property. Permit in any district such modification of the require- ments of this ordinance as the Board may deem necessary to secure an appropriate development of a lot where ad- jacent to such lot on two or more sides there are buildings that do not conform to these regulations. Grant conditional use permits in any zone where such uses are allowed conditionally by the provisions of this or- dinance. Permit the use of mobile homes or travel trailers for dwelling purposes in any zoning district in cases of extreme personal hardship: In granting any special exception under the provisions of this or- dinance, the Board may designate such conditions in connection therewith which, in its opinion, will secure substantially the pur- pose and intent of this ordinance. 110 25.7 n I 25.8 VARIANCES 25.7-1 A variance may be granted an applicant when finds: the Board of Adjustment 25.7-1-1 That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the same ,zone or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building, and; 25.7-1-2 That the granting of such variance will not be detrimental to the public welfare or substantially or permanently in- jurious to the property or improvements in such zone or neighborhood in which the property is located, and; 25.7-1-3 That the granting of such variance is necessary for the reasonable use of the land or building and that the var- iance as granted by the Board is the minimum variance that will accomplish this purpose, and; 25.7-1-4 That the literal enforcement and strict application of the provisions of this ordinance will result in an un-- necessary hardship inconsistent with the general provisions and intent of this ordinance and that in granting such variance the spirit of the ordinance will be preserved and substantial justice done. 25.7-1-5 In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in determining its findings shall take into account the number of persons residing or working in such building or upon such land and traffic conditions in the vicinity. 25.7-2 The Board of Adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained vary or adapt the strict application of any of the tenns of this ordinance under the powers and authority herein granted. 25.7-3 In granting any variance under the provisions of this ordinance, the Board may designate such conditions in connection therewith, which, in its opinion, will secure substantially the purpose and intent of this ordinance. APPEAL FROM ZONING BOARD OF ADJUSTMENT (as provided by Article 1011g RCS 1925) 25.8-1 Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after 111 25.8-2 25.8-3 25.8-4 25.8-5 25.8-6 0 Upon the presentation of such petition the court may allow a writ of cetiorari directed to the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relators attorney, which shall not be less than ten {lO) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certi-· fied or sworn copies therof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and con- clusions of law, which shall constitute a part of the proceedings upon which the detennination of the court shall be made. The court may reverse or affirm, wholly or partly, pr may modify the decision brought up for review. Costs sha11 not be allowed against the Board unless it shall appear to he court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under this section shall have prefer~ ence over all other civil actions and proceedings. 112 0 26. l I SECTION 26 CHANGES ANO AMENDMENTS CITY COUNCIL MAY AMEND 26.1-1 26. 1-2 The City Council may from time to time by Ordinance amend, supplement, change, modify, or repeal the boundaries of the districts or the re- gulations herein established. Before taking any such action, the City Council shall submit the same to the Planning and Zoning Coomission for its recommendations and report. Upon submission of any proposed change in classification, the applicant will be required to deposit one hundred and fifty dollars ($150.00) for the first acre or portion thereof plus one dollar ($1.00) for each additional acre or portion thereof with the Secretary of the Planning and Zoning Commission. 26.2 PROCEDURES BEFORE THE PLANNING AND ZONING COMMISSION 26 .2-2 0 The Planning and Zoning Commission shall hold a public hearing on all proposed changes in classification and written notices of all such public hearings shall be sent by the Secretary of the Planning and Zoning Commission on forms prepared by the City Attorney's Office to all owners of real property lying within two hundred (200) feet of the property on which the change is classification is proposed, such notices to be given, not less than ten (10} days before the day set for hearing to all such owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the City Post Office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making renditions which are included on the last approved City tax roll, in which event notice to such owners shall be given by publishing the same once in a newspaper of general cir- culation in the City of Lubbock at least fifteen (15) days prior to the date set for hearing, which notice shall state the time and place of such hearing. After such hearing the Planning and ?Oning Commission may, within its discretion make one of the following recommendations in connection with each proposed change in zoning classification~ 26.2-2-1 26.2-2-2 26.2-2-3 Reconvnend against the change in zoning. Recoillllend the change in zoning. Recomend a change in zoning together with recommen- dations for requirements for the paving of streets, alleys and sidewalks, means of ingress and _egress to the public streets, provisions for drainage, parking_ spaces and street layouts and protective screening and open spaces and any other requirements, 113 0 26.2-3 26.2-4 which, within the judgement of the Planning and Zoning Commission will protect adjacent property and secure substantially the purpose and objectives of the Zoning Ordinance. Each such recommendation made by the Planning and Zoning Coll'lllission shall be, by the Secretary of said Commission, reported to the City Council in writing and the applicant notified of the action of the Planning and Zoning Commission. The Secretary of the Planning and Zoning Commission shall set up and maintain a separate file for each application received and shall record therein the names and addresses of all persons, finns and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the mailing clerk, Post Office, or mailbox, and all records and files herein provided, shall be permanent and official files of the City of Lubbock. · 26.3 PROCEDURE BEFORE CITY COUNCIL 26.3-1 26.3-2 A public hearing shall be held by the City Council before adoption of any amendments~ supplement or change, at which hearing parties in interest and other citizens shall have an opportunity to be heard. The City Secretary shall set such hearing as hereafter pro- vided upon receipt of the recommendation of the Planning and Zoning Commission or notice of the filing of an appeal to the Council from an unfavorable recommendation of the Planning and Zoning Cotrmission. The applicant may file an appeal to the City Council by filing written notice of appeal with the Secretary of the Planning and Zoning Convnis- sion. Such notice must be filed within thirty (30) days after date · of the determination by the Planning and Zoning Commission to rec- corranend against any proposed amendment, supplement or change and the Secretary of the Planning and Zoning Commission shall thereupon notify the City Secretary of filing thereof and furnish such information as may be necessary to carry out the City Secretary's responsibilities hereunder. A notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the City of Lubbock at least fifteen (15) days prior to the hearing. The City Secretary is hereby authorized and directed to publish such notices on forms prepared by the City Attorney's Office and set the date for hearing before the City Council at the earliest practical time, con- sistent with the time necessary for giving such notices as provided by law. When the Planning and Zoning Commission has recorrmended a change in zoning which may or may not contain recommendations as to requirements as provided by Subsection 26.2-2-3, the City Council may at its dis- cretion accept, reject or make other or additional requirements. and any such requirements shall become a part of the ordinance changing the zoning classification of such property; such requirements shall be considered as an amendment. to the Zoning· Ordinance as :applicable to such property. Such requirements shall not be considered conditions precedent to the granting of the change in zoning or the granting of building pennits on such property, but shall be construed as conditions 114 / I 26.3-3 26.3-4 precedent to the granting of a certificate of occupance and com- pliance, and such requirements shall be complied with before a certificate of occupancy and compliance may be issued by the Building Inspector for the use or occupancy of the building land or structure on such property. In case the Planning and Zoning Corrmission has recommended against , a proposed amendment, supplement, change or modification, or, of protest against such change, signed by owners of twe~ty (20) ~er- cent or more either of the area of the lots or land 1ncluded in such proposed change, or of the lots or land immediately joining proposed change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths {3/4) of the City Council. · In the event that the P1anning and Zoning Commission has recommended against a proposed amendment, supplement, change or modification in the boundaries of any zoning district, and such amendment or change has not been approved by the City Council as provided in Subsection 26.3-3, of Ordinance No. 7084, such proposed amendment, supplement change or modification in the boundaries of such zoning district shall neither be submitted nor considered for recommendation by the Planning and Zoning Connnission prior to the expiration of twelve (12) months from the date of the order of decision by the Planning and Zoning Commission recommending against such zone change, unless · conditions pertaining to property considered in the original appli- cation and/or property in the area have, in the opinion of the Planning and Zoning Commission changed to such an extent as to justify a sub- sequent application prior to the expiration of twelve (12) months from the date of the original order or decision of the Planning and ·Zoning Commission. 115 SECTION 27 ENFORCEMENT AND ADMINISTRATION ADMINISTRATIVE OFFICIAL The Administrator of the Zoning and Environmental Control Department of the City of Lubbock Shall administer and enforce this Ordinance. POWERS AND DUTIES OF THE ADMINISTRATOR 27.2-1 27.2-2 Building Permits and Certification of Zoning Compliance Required Building permits shall be required in accordance with this ordinance and Chapter 3 of the Unifrom Building Code. The Administrator shall review all plans for proposed develop- ment and shall certify said plans for zoning compliance prior to a building permit being issued by the Building Inspector. Certificate,of·,Occupancy and Compliance and Certification of Zoning Compliance Required 27.2-2-1 27.2i2-2 27.2-2-3 27.2-2-4 Compliance Required. No land shall be occupied or used and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by the Building Inspector of the City of Lubbock stating that the building or proposed use thereof complies with the provisions of this ordinance. No nonconfonning use shall be maintained, renewed, changed, or extended without certificate of occupancy and compliance having first been issued by the Build- ing Inspector of the City of Lubbock, therefore. Application for a certificate of occupancy and com- pliance shall be made with the application for a build- ing permit or may be directly applied for where no building permit is necessary arid shall be issued or refused in writing within five (5) days after the City Building Inspector has been notified in writing that the building or premises is ready for occupancy. The Building Inspector shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. 116 0 27.2-3 27.2-2-5 27.2-2-6 27.2-2-7 27.2-2-8 27.2-2-9 No permit for excavation for or the erection or alteration of or repairs to any buildi_ng shall be issued until an application has been made for a certificate of occupancy and compliance. No permanent water, sewer, electrical or gas utility connections shall be made to the land, building, or structure until and after a certificate of occupancy and compliance has been issued by the Building Inspector or the City of Lubbock. Upon request of the owner or authorized representa- tive, the Building Inspector may issue a temporary certificate of occupancy for the t~mporary use dnd occupancy of a building prior to the completion and occupancy,of the entire building provide such tempor~ry occupancy or use will not in any way or manner jeopardize life or property. The Building Inspector shall issue a certificate of occupancy upon application of any person for the continuancy of lawful nonconforming uses. The Administrator shall inspect all development . sites and shall certify zoning compliance prior to certificate of occupancy and compliance being issued by the Building Inspector. Zoning Certificate Required -Mixed Alcoholic Beverage Pennit 27.2-3-1 27.2-3-2 No person, firm, or corporation or association shall use or occupy and building structure, or premises as holder of mixed alcoholic beverage permit without a Zoning Certificate issued by the Administrator of the City of Lubbock. The Administrator shall issue a Zoning Certificate, for a one (1) year period (re- newable annually), when applicant or owner of premises, if applicant is not the owner of premises, snall furn- ish the business name and address, legal descrip- tion, and address of property subject to permit application, applicant's interest in land subject to permit, owner1 s name, and address if different .from applicant, type of use, and any other infonnation which the Administrator shall deem pertinent to enforcement of this Ordinance. All a.pplicable fees shall be paid to the City prior to the issuance of any Zoning Certificate. Separation and Parking Exception An occupant of premises holding a private club per- mit issued by the Texas Alcoholic Beverage Commission 117 27.2-4 27.2-5 27.2-6 which was valid on April 1,. 197?, s~all be permi~ted to obtatn a mixed beve~age perm,t witnout comply1ng with Separation and Parki_ng Requirements of this Ordinance, provided a Zoning Certificate has been issued to such occupant by the Administrator. Building Permit Revoked Whenever any b,uilding work 1s being done contrary to the provi- sions of this 'Ordinance, the Administrator shall order the work stopped and shall, in writing, request that the Building Inspector revoke the building permit theretofore issued. Unless just cause can be shown, the building permit shall.be revoked. Vacate Order Whenever any building or portion thereof is being used or occupied contrary to the provisions of this Ordinance, the Administrator shall order such use or occupancy discontinued and the building .or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued and such person shall va~ate such building or portion thereof within ten (10) days after receipt of such notice or make the building or portion thereof comply with the requirements of this Ordinance. General Enforcement Provisions 27.2-6-1 27.2-6-2 27.2-6-3 All structures, including tents, boxcars, accessory and temporary buildings and structures shall be in keep- ing with the average value and construction of the existing development within the area. Household Pets, Animals and Fowl Animals and/or fowl which are nonnally considered to be livestock or other type domestic farm animals or fowl shall not be permitted in a Zoning District except where otherwise specifically stated in this Ordinance. Height -Structures permitted above height Penthouse or roof structures for the housing of ele- vators, stairways, tanks, ventillating fans, or similar equipment required to operate and maintain the Building, and fire or parapet walls, skylights, towers; steeples., flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos, grain elevators, or similar structures may be erected above the height 118 27.2-6-4 27.2-6-5 27.2-6-6 27.2-6-7 27.2-6-8 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. Double Garage A double garage with fire or construction wall a't least six (6) inches thick of masonry construction, along a common property line, dividing the two stall_s may be constructed provided the party wall along the common property line extends above the roof line at least eighteen (18) inches. Accessory Buildings No accessory building shall be constructed on a lot until the construction of the main use building has begun. No accessory building shall be used unless the main use building on the lot is also being occu- pied simultaneously. Projections Into Required Yards. 27.2-6-6-1 Cornices, eaves, sills, canopies, and chimneys, may extend two (2) . feet into any required yard. Bay windows ane not permitted under this Section. 27.2-6-6-2 Unenclosed fire escapes, stairways, and/or balconies, covered or uncovered, may extend four (4) feet into the requir- ed front or rear yard. Off-Street Parking -Development Lot Unless otherwise provided for in this Ordinance, all off-street parking shall be provided on the develop- ment lot. Mobile Home Use 27.2-6-8-1 A mobile home or travel trailer shall not be used as an office or business building in any zoning district, except as an office on the site in connection . with a bonafide retail mobile home or tra ve 1 tra i1 er sa l es 1 ot or park. . · 119 27.2-6-9 27.3 · IN NEWLY ANNEXED TERRITORY 27.3-6-8-2 A.mobile home or travel trailer shall not be used or occupied for dwelling pµrposed in any zoning district, except·in an approved mobile home park or subdivision, or travel trailer park or unless approved by the Zoning Board . of Adjustment as provided in that Section. Vision Clearance 27.2-6-9-1 Front yards. In a required front yard, no wall, fence or other structure shall be erected in any part of the re- quired 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 a half (4½) feet above the natural ground level at the depth of the required front yard. 27.2-6-9-2 Corner lots. It shall be unlawful to set out, construct, maintain, or permit or cause to be set out, constructed, or maintained any tree, shrub, plant, sign or structure, or any other view obstruc- . tion 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 portion of public right-of-way and any corner lot within a triangle formed by a diagonal line extending through points on the two property lines twenty-five (25) feet from the street corner intersection of the property lines (or that point of intersection of the property lines extended) and inter- secting the curb lines. All land annexed by .the City of Lubbock sha-11 be designated as "Transition Zoning District11 · (T). No person shall erect, excavate, construct, or proceed or continue with the erection 0 120 0 0 (' 0 n 0 or continue with the erection or construction of any building or structure \or add to, enlarge, move, improve, alter, ·repair, convert~ insulate, or extend or demolish any building or structure or cause the same to be done in any newly annexed territory to the City of Lubbock without first applying for and obtaining a building permit from the Building Inspector or the City Council. 27 .3-1 27.3-2 27.3-3 Permits .Issued by Building Inspector In a territory newly annexed to the City of Lubbock, no permit for the construction of a buil<ling shall be issued by the Building Inspector unless and until such territory has been classified in a zoning district other than the 11T11 District by the City Council in the manner prescribed in Section 26 of this Ordinance. Permits Issued by City Council An application for a permit for any use may be made to the Buil~ing Inspector of the City of Lubbock and by him referred to the City Planning and Zoning Commission for consideration and recommendation to the City Council. Whenever such recommendation is filed with the City Council by the City Planning and Zoning Commission, such recommendation shall be advisory in its nature and the Council shall be at liberty to affirm it or allow such construction as the facts in their opinion may justify. Permits Required for Buildings Under Construction The owner, leasee, or any other person, firm or corporation owning, controlling, constructing, supervising~ or directing the construction of any building or structure in the process of construction and which is incomplete at the time the land upon which it is situated is annexed to the City of Lubbock before proceeding any further with the construction, alteration, or completion thereof shall apply to the Building Inspector of the City of Lubbock for a permit authorizing the further work on said building or structure and shall attach to said application for building pennit,~plans and specifications relating to the construc- tion of said building or structure, which said application for building permit shall be promptly referred to the City Planning and Zoning Connnission proptly thereafter file with the City Council its reconnnendation as to granting, modifying, or rejecting said permit, the said recommendation to be advisory in its nature and the City Council shall be a liberty to affirm it or allow such construction as the facts in their opinion may justify. Said construction work shall be suspended until the permit pro- vided for herein has been issued or until final zoning regulations have been adopted, which permit the construction, use, and occupancy of the structure or building. 121 (1 0 0 0 27.4 APPEALS Appeals of any decision made by the Administrator in regard to the administration and enforcement of this Ordinance may be made to the Zoning Board of Adjustment in accordance with the provisions of that section of this Ordinance. 1?? £) 0 (' 0 28. 1 SECTION 28 PENALTIES FOR VIOLATIONS Any person, land owner, building owner or occupant, who shall violate any of the provisions of this ordinance or who shall fail to comply with any of the provisions of this ordinance or who shall build, alter, or occupy any building, structure or land in violation of any statement or plan submitted and approved hereunder shall be guilty of a misdeameanor and upon conviction thereof shall be fined in any sum not to exceed two hundred dollars ($200~00). Each day such violation is co111nitted or permitted to continue, shall constitute a separate offense, and shall be punishable as such hereunder. 28.2 The owner or owners of any building or property or part thereof where any- thing in violation of this ordinance shall be placed shall exist and any architect, building contractor, agent, attorney, person, firm, or corp- oration employed in connection therewith and who have assisted in the commission of Euch violation, shall be guilty of a separate offense, 28.3 and upon conviction thereof, shall be fined in any amount not to exceed two hundred dollars ($200.00). In addition to the remedies provided for in Paragraphs 28.1 and 28.2 of this ordinance, the Administrator may, in case any building or structures are erected, constructed, reconstructed, altered, repai~ed, converted, or maintained, or any building, structure or land is used in violation of this ordinance, institute on behalf of the City of Lubbock any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent any illegal act, conduct business or use in or about such premises. 123 0 u 29.1 SECTION 29 By the passage of this ordinance no presently illegal use shall be deemed to have been legalized, unless specifically such use falls within a use district where the actual use is conforming use. Otherwise; such uses shall remain nonconforming uses, where recognized, or an illegal use as the case may be. It is further the intent and declared purpose of this ordinance that no offense conmitted and no liability, penalty of forfeiture, either civil or criminal, incurred prior to the time the Zoning Ordinance and Map adopted, shall be discharged or affected by such repeal; but prosecu- tions and suits for such offenses, liabilitjes, penalties, or forfeitures~ may be instituted or cause presently pending proceeded within all respects as if such prior ordinance had not been repealed. SECTION 30 SEPARABILITY 3~.l If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, dis- tinct, and independent provision and such holding shall not effect the remaining portions hereof. 31.1 SECTION 31 The City Secretary-Treasurer is hereby directed to publish the caption and penalty clause hereof as an alternative method of publication as provided by law, once a week for two consectuve weeks in some newspaper regularly · published in the City of Lubbock and this ordinance shall become effective ten (10) days after the date of its last publication. 124 0 (_) n 0 r .,I u SIGN REGULATIONS FOR CITY OF LUBBOCK SECTIONS 23 OF ORDINANCE 7084 I CITY OF LUBBOCK ZONING ORD I NANCE As Adopted CITY COUNCIL Effective July 19, 1975 CITY COUNCIL Roy Bass, Mayor Dirk West, Mayor Pro-Tern Carolyn Jordan, Councilwoman 0 Dr. Bryce Campbell, Councilman Alan Henry, Councilman James E. Bertram, Director Planning Division H. David Jones, Senior Planner STAFF PLANNING AND ZONING COMMISSION Dr. Paul Johnson, Chairman Bob Schmidt, Vice-Chairman Mrs. Alice Johnson Don Nickels Wayne Richardson Clyde Kay Robert Lugo Roy W. Neal, Jr. Don Giese Van McVay, Administrator Zoning & Environmental Control Jerrel Northcutt, Asst. Administrator Liz Cray, Technical Stenographer