HomeMy WebLinkAboutOrdinance - 2007-O0095 - Amending Chapt. 18 With Regard To Permits Of Variance For Various Noise Levels - 09/13/2007First Reading
September 13, 2007
Item No. 6.2
ORDINANCE NO. 2001-00095
Second Reading
September 27, 2007
Item. No. 5.22
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITS OF VARIANCE FOR
VARIOUS NOISE LEVELS WITHIN THE CITY OF LUBBOCK; PROVIDING A PERMIT
FEE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, the City Council deems it to be in the best interest of the citizens of the City
of Lubbock to amend Subsections 18-4.5 and 18-4.7(b) with regard to procedures for issuing
permits of variance for relief from noise level standards within the City of Lubbock; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Subsection 18-4.S(b) of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
(b) No permit of variance may be issued for greater than a 24 hour period or for repetitive
days within a one year maximum term unless written notice of such request has been sent to all
owners ofreal property lying within 300 feet of the property on which the noise will be generated
stating the nature and location of the noise and the length oftime requested. Such notice shall be
given not less than ten days prior to the date the permit of variance is requested to be issued by
depositing a written notice, properly addressed and postage paid, in the United States mail to
such property owners as the ownership appears on the last approved City tax roll. A copy of each
such notice shall be provided to the City Secretary prior to the date requested for issuance of said
permit of variance. Such notice shall state that persons opposed to such permit may state an
objection to issuance in writing at the office of the City Secretary of the City of Lubbock. If no
objections are received, the City Secretary shall issue the requested permit of variance. If one or
more objections are received, the City Secretary shall apply the standards of Subsection 18-4.S(a)
in making a determination as to whether a permit of variance shall be issued.
SECTION 2. THAT the last paragraph of Section 18-4.5 of the Code of Ordinances, City
of Lubbock, Texas, is hereby amended to read as follows:
(d) A fee of twenty-five dollars ($25.00) shall be charged for a single day permit of
variance issued by the City pursuant hereto and a fee of fifty dollars ($50.00) shall be charged for
a permit of variance involving more than one day. This fee may be reviewed and adjusted in
accordance with Sec. 1-10 of the Code of Ordinances of the City of Lubbock.
SECTION 3. THAT Subsection 18-4.7(b) BE and the same is hereby repealed and
deleted from the Code of Ordinances ofthe City of Lubbock.
SECTION 4. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by a fine as provided by Section 1-4 of the Code of Ordinances of the
City of Lubbock.
SECTION 5. THAT should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 6. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication
provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 13th day of __ S_ep"----t_emb __ e_r _ _,,, 2007.
Passed by the City Council on second reading this 27th day of September , 2007.
ATTEST:
ddord/NoisePennitAmendOrd
August 20, 2007
2