HomeMy WebLinkAboutOrdinance - 2007-O0024 - Amending Chapter 6 Article I Sect. 6-25, Approval Of Certain Building Install's - 03/05/2007irst Reading
rch 5,. 2007
Item No. 6.7
ORDINANCE NO. 2007~ 00024
Second Reading
March 22,. 2007
Item No. 5.2
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, AMENDING ARTICLE
I, SECTION 6-25, PROVIDING FOR THE ADMINISTRATIVE APPROVAL OF
CERTAIN BUILDING INSTALLATIONS OTHERWISE AFFECTED BY A
PROPERTY BOUNDARY; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock recognizes that a number
of building and use regulations exist within the Code of Ordinances that are
predicated upon the maintenance of a certain distance from a property boundary, or
that prohibit encroaclunent of a building or use across property boundaries; and
WHEREAS, the City Council of the City of Lubbock recognizes that the hazards
and/or undesirable conditions sought to be abated or mitigated by these regulations
often do not exist when the property boundary in question separates two parcels under
the ownership and control of the same person or persons, thereby rendering the need
for the regulations unnecessary as long as said parcels are held as one; and
WHEREAS, the City Council desires to provide an administrative means for
granting relief from said regulations, when appropriate, and when reasonable and
equivalent protective measures can be assured; and
WHEREAS, the City Counsel of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to make the
following amendments to Chapter 6 of the Code of Ordinances with regard to
property lot lines; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT Chapter 6, Article I, Section 6-25 of the Code of
Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows:
Sec. 6·25. Modifications.
1) Wherever there are practical difficulties involved in carrying out the provisions of
this code, the building official shall have the authority to grant modifications for
individual cases, upon application of the owner or owner's representative,
provided the building official shall first find that special individual reason makes
the strict letter of this code impractical and the modification is in compliance with
the intent and purpose of this code and that such modification does not lessen
health, accessibility, life and fire safety, or structural requirements. The details of
action granting modifications shall be recorded and entered in the files of the
department of building inspection.
2) Wherever this Chapter, or any other provisions of this Code of Ordinances,
contains construction prohibitions or building requirements or limitations that are
predicated upon a minimum or maximum distance from a property line, or that
prohibit encroachment of building construction upon a property line, the Building
Official may, at his discretion, and with the approval of other affected
Departments and/or Agencies, as applicable, grant relief from such requirements,
limitations or prohibitions, provided that all of the following are met:
a) The land parcels or lots sharing the property line are under common
ownership;
b) A covenant agreement approved by the City Attorney is executed by the
owner of the property wherein the property owner agrees to hold both parcels
as one so that they may not thereafter be separately conveyed without release
of the covenant by the Building Official;
c) The covenant agreement shall be filed in the deed records of Lubbock
County, and shall run with the land until a release is subsequently filed by the
Building Official;
d) The Building Official shall not release the covenant without having first
verified that the building(s) on each parcel have been made to wholly conform
to the requirements of the Building Code, or other City Ordinance, from
which relief had been originally granted, and that any similar condition
created subsequent to the filing of said covenant has also been removed such
that there exists no current violation;
e) The covenant agreement procedure shall not be used to contravene or
circumvent subdivision regulations that are otherwise valid and applicable, as
detennined by the Director of Planning.
Section 2. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by a fme not to exceed two hundred dollars
($200.00) as provided by Section 1-4 of the City Code of Ordinances.
Section 3. THAT should any paragraph, sentence, clause, phrase or work of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder
of this Ordinance shall not be affected thereby
Section 4. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this. 5th day of _ __:Ma:=:r:..::c:=h _ __,, 2007.
Passed by the City Council on second reading this 22nd day of March , 2007.
ATTEST:
Steve 'Neal,
Chief Building Official
Amz -·. 1 /
Assistant City Attorny
ml/ Amylccdocs/covenant agreement-<Jrd
February 22, 2007
-~4_;_
DAVID A. MILLER; MAYOR
THE STATE OF TEXAS
COUNTY OF LUBBOCK .,
Before me Ashley C. McGaha a Notary Public in and for Lubbock C ~a';;;":r ;i;'~·
day personalty appeared Krista Ranflre'f • of the Southwes ~ITY OF LUIS oc~i&'As, --~......;..__,.;,;,;.o.;........;____________ AMeiNOiNG A TICLE I.
Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who bait ~~r~~ ~,:,~~~~lWve
APPROVAL OF CERTAIN
d'd d' d th 'd h . I f th fifty two I 81,1.1LOING IN.lTALLATIG>NS 1 1spose an say at sa1 newspaper as run continuous y or more an -wee1 ~Tflo~~lffv ~9~~~2.-!:v
PROVIOING A PENALTY! insertion of this Legal Notice t~~~~~r:::~~'I'8.~G
f'OR PUBLICATION.
No. at Lubbock County, Taxa Sldlon 2.TI-tAT violation of -----------. ----. . . g~~~~~~~~a'h'~1~e<ta Legal Notice 1s a true copy of the ortg~nal and was pn w,:.~~=-~.':1 printed copy of the
Avalanche-Journal on the following date.,.
Inside Sales Manager
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
Subscribed and swom to before me this
FORM 58-10
I _..-;~·~~,, ASHLEY C MCGAHA ~\.Fi(~·· "•!I'"~ T. • .,._.. .-,, Notary Public, State of .exas '%). )J My Commission Expires
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01 dau~ ($200.CO) as provtcl«f ~ ~t~~~~;!~f 11\e City Code
NOTARY PUBLI in and for the State of Texas
my commission Expires 311512010
day of 11p1· ' ~01
THE STATE OF TEXAS ,....
. , COUNTY OF LUBBOCK
Before me Ashley C. McGaha a Notary Public in and for Lubbock Countv T6 .-.. ~--u..·s
QRD!NA,NC:E NO UDZ-QIID24
day personally appeared Krista Rsmire~ " of the South Af:! oRDIN~~~e~'e~~'l.':'a
, • , gf!"1i'.r!~ANCES OF THE CorporatiOn, publiShers of the Lubbock Avalanche-Journal • Mornmg, and Sunday, who t ~~"~,k~~~~il'T~· S~CT!ON .2$, f'~g';'il~E did dispose and say that saki newspaper has run continuously for more than fifty-two Wt ~ .. ~.l~v\~~S.tn~\~"5 S¥UfJ~?slrAFFEcreo a.v insertion of this L a/ Notice A pRoPeRTY eouNoARY • ~~-.;.;.....;..;;..;;;.,;;~;;;_---------~-------------i I'ROV!DING A PliNA~Y; ~~~~~~~t~:~~~D~G .t No.
printed copy of the
_______________ at Lubbock County, Te ,.0R PuBLtcAT!ON. 1o1
, s.ctMII J. THAT violation of 1-Legal Notice
Avalanche-Journal on the following date~.
Inside Sales Manager
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this
FOAM~10
_JS a true copy of the original and was p ~=~yt :~,_,a
mlsdeme~mor .....,lshelbM ll'f a fl"" "ot !O excM<I lWD 1\unc!red LL..f'Joo..I...I.--""Jo""'..M:..w.-~..-...£.""" ............ =.;~~ g~·~a~.fo~ r~~~d ..
o! Ordlno~.
d for the State of Texas
3/15/2010
==-· ASHLEY C MCGAHA J.
Notary Public, State of Te)(as
My Commission Expires j' ·
MotCI'llS, 2010