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HomeMy WebLinkAboutOrdinance - 2019-O0175 - Amending Chapter 40 Zoning - Related To Special Exceptions - 12/17/2019 First Reading Second Reading December 3, 2019 December 17, 2019 Item No. 8.7 Item No. 7.7 ORDINANCE NO. 2019-00175 AN ORDINANCE AMENDING CHAPTER 40,"ZONING,"OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING SECTION 40.02.055(b) RELATED TO SPECIAL EXCEPTIONS; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A CONSISTENCY IN APPLICATION CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS,the Planning&Zoning Commission of the City of Lubbock, Texas (the "Commission"), during its meeting on November 7, 2019, found that it is in the best interest of the citizens of the City of Lubbock to amend Section 40.02.055(b) related to special exceptions by removing the use of mobile homes or travel trailers for dwelling purposes in any zoning district as a special exception and renumbering; and WHEREAS, the Commission unanimously recommends that the City Council of the City of Lubbock, Texas (the "Council") amend Chapter 40 of the Code to account for the Commission's approved amendment; and WHEREAS, the City Council of the City of Lubbock finds and determines that it is in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock to amend Chapter 40 of the Code of Ordinances in accordance with the recommendations of the Planning and Zoning Commission; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 40.02.055(b) of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: (b) The board of adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained, authorize special exceptions to this chapter as follows: (1) Permit the reconstruction, extension or enlargement of a building occupied as a nonconforming use. (2) Permit the extension of a nonconforming use in a building upon a lot occupied as a nonconforming use. (3) Granting in relatively undeveloped sections of the city temporary and conditional permits for not more than two-year periods for any use of land, excluding structures. (4) Permit the use of property in the"RR,""R-1,""R-lA,"or"R-2"districts adjacent to the "R-3," "A," "C," or"M" districts, even if separated therefrom by an alley or by a street, for the parking of passenger cars under 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 from the"R-3,""A," "C,"or"M"districts. (5) Permit the use of property owned by a church for the parking of passenger cars in any district under such safeguards and conditions as are necessary to protect adjacent property. (6) Permit in any district such modification of the requirements of this chapter as the board may deem necessary to secure an appropriate development of a lot where adjacent to such lot on two (2) or more sides there are buildings that do not conform to these regulations. (7) Grant conditional use permits in any zone where such uses are allowed conditionally by the provisions of this chapter. (8) Permit the use of property in any zoning district for Christmas tree sales, during November 15th through January 5th. All trees must be at least twenty- five (25) feet from all property lines. All trees, temporary structures and other items must be removed before January 6th. Permit shall be good for one season. (9) Permit a building to be moved from an existing location to any location within the city limits, subject to conditions: (A) This section does not apply to mobile homes, manufactured housing, modular housing, new ready built housing, accessory buildings, or temporary buildings as described by the International Building Code (B) No building that is more than ten (10) years old shall be moved into the city limits of the City of Lubbock unless a licensed engineer certifies to the board that the building is structurally sound. (C) The Board shall make a determination that the proposed building to be moved is in harmony with the area that said building is proposed to be located. Factors to be considered in this determination shall include, but not be limited to,the following: (i) The structural and appearance characteristics of the building proposed to be moved.Said building shall be described within a report from the building official as a result of an investigative inspection as described in International Building Code. The board shall utilize the information supplied by said report in snaking its determination as to the appropriateness of the special exception request. (ii) Structural and appearance characteristics of the homes within the block face of the lot where the building is proposed for relocation. Such characteristics shall include but not be limited to: a. Number of homes on the block face, both sides of the street. When no homes are present on the block face, a radius of three hundred (300) feet will be used for comparison; b. Average square footage of the living area for the homes on both block faces of the same block where the relocation is proposed as depicted by the records of Lubbock Central Appraisal District. When no homes are present on the block face, a radius of three hundred (300) feet will be used for comparison; C. Exterior treatment of the hoines on the block face: and d. Number of homes with garage or carport on the block face. (D) if the board determines the building is compatible with the new location,the board shall establish written requirements for any building approved for relocation, addressing each of the following items: (i) Foundation. (ii) Siding/exterior repairs. (iii) Window replacement. (iv) Roof replacement. (v) Addition of garage or carport. (vi) Provision of two (2) onsite paved parking spaces per residential unit. Apartments and commercial buildings shall meet the applicable standards of the appropriate district. (vii) Provision of sidewalks unless waived by the building board of appeals. (viii) Any other site or construction related details that the board deems necessary (E) Any and all requirements that the board establishes for the building shall be incorporated into the building permit that is issued pursuant to the moving of said building and be made legal requirements for the purposes of compliance. (10) Permit the use of garden centers in the C-3 zoning district, subject to the following conditions: (A) The walls of the building shall be totally enclosed except for any doors or windows, and open space permitted in subsection (E), following. (B) Overhead doors shall be limited to loading/unloading areas and shall not be used in customer area or display areas. (C) Windows shall be limited to plate glass construction. The maximum window area for each wall shall be sixty (60) percent of the respective wall area. Glass-paned doors shall be deemed windows. (D) The building shall be roofed, although slatted, lathe, glass or rigid transparent material type roofing is acceptable. No roof openings shall be permitted except for the areas between the slats or lathe, or as may be required by the building code. (E) Open space between the top of the wall and the bottom of the roof shall be limited to ten(10) percent of the total wall area. (F) No plants shall be permitted to project above the roof line or through the roof or walls. (G) This structure must meet the requirements of a building under the building code. (11) Permit the certification as a nonconforming use after May 1, 1981 of residences which have been converted to or built as multifamily residences in single-family or duplex residential zoning districts or accessory buildings which have been converted to apartment use in single-family or duplex residential zoning districts prior to November 20, 1980, upon a clear and unambiguous presentation by the current owner of such unit of evidence establishing its existence in its present form prior to November 20, 1980. (12) Permit carnivals in all zoning districts subject to the following conditions: (A) That all necessary permits be procured and all requirements and conditions of article 8.03 of this Code of Ordinances be met. (B) That all owners of real property lying within four hundred (400) feet of the proposed property on which the special exception to permit a carnival is sought shall be given notice of the hearing of the zoning board of adjustment. Notices shall be given in accordance with section 40.02.053(c) except as changed herein. (C) That the potential impact of the proposed carnival on parking and the adjacent property owners shall be assessed by the zoning board of adjustment. (13) Permit in any CA, C-2A, C-2, C-3, or IHO zoning district, as provided for and established in this Code, a dance floor for public dancing to be located within a restaurant, not to exceed four hundred (400) square feet. (14) Grant conditional use permits allowing variations from the seasonal banner standards in subsection 40.04.009(9) for garden office and all commercial and industrial districts. (15) Permit public dancing on the premises of a sports grill in any zoning district where a sports grill is allowed as a permitted use by the provisions of this article. (16) In the "RR," "R-1," "R-1A," or"R-2" districts, permit as an accessory use to an owner occupied structure, the use of an accessory living unit which was converted to a secondary living unit prior to November 20, 1980, that is not eligible for registration as a legal nonconforming apartment. (A) Application for an accessory secondary living unit, on a parcel where the owner of the property lives in either the primary or secondary unit, shall contain: (i) an affidavit stating why the secondary living unit does not qualify for registration as a legal nonconforming apartment;and (ii) a site plan and floor plan depicting the structure(s) as they existed on November 20, 1980. (B) Approval is limited to one (1) primary living unit and one (1) accessory living unit per development tract. (C) Approval as an accessory secondary living unit shall not affect the uniform enforcement of all other ordinances designed for the protection of the health, welfare and safety of the citizens of the City of Lubbock, including but not limited to the fire, building,and housing codes. No permits shall be issued for other than that work necessary to maintain said unit in a safe and habitable manner. No permit shall be issued to expand the floor area of an existing accessory secondary living unit or to add additional residential units. (D) A change in ownership shall not affect the status as an approved accessory secondary living unit, so long as either the primary or accessory unit is owner occupied. Such status shall cease to exist if: (i) one of the two living units on the development tract is not occupied by the owner of the property; or (ii) the accessory secondary living unit is damaged or partially destroyed by fire, flood, wind, explosion, earthquake or other calamity or act of God, and shall not be again restored or used for such purpose if the expense of such restoration exceeds seventy-five (75) per cent of the replacement cost of the building or structure at the time such damage occurred and reoccupation or reconstruction shall be expressly prohibited. Any approved accessory secondary living unit that is partially destroyed less than seventy-five (75) per cent replacement cost of the building or structure at the time such damage occurred may be restored provided restoration is started within twelve (12) months of the date of partial destruction and is diligently pursued to completion. (E) Any approval under this section shall be recorded as a part of the Deed Records of Lubbock County,Texas. (17) Subject to all applicable state laws, local laws, variances, exceptions, and conditions, permit the on-premises and off-premises consumption of alcohol as an incidental use in the commercial districts of"CA," "C-1," "C_ 2A,'5 "C-2," "C-3," "CB," "C-4," "IPD," 44M-1," 44M-2," "IHO," "IHC," and "IHI." SECTION 2. THAT, violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 3.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 4.THAT the intent of this Ordinance is to apply consistent changes to any portion of the Code of Ordinances of the City of Lubbock that is or may be affected by the changes provided herein. This Ordinance is also intended to apply consistent changes to any Ordinance that has been approved by the City Council of the City of Lubbock that is or may be affected by the changes provided herein. if this Ordinance has omitted any portion of the Code of Ordinances or any other Ordinance that should otherwise be affected by the changes provided herein, such omission is inadvertent and unintentional, and, upon the effective date of this Ordinance, any such omitted portion of the Code of Ordinances or other Ordinance shall be interpreted in such a manner as to comply with the changes provided herein. SECTION 5. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 6. THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on December 3 _' 2019. Passed by the City Council on second reading on December 17 , 2019. DANIEL M. POPE, MA OR ATTEST: (Ol &0'0 , Rebe a Garza, City Secre pry LAPPRODD CONTENT: Shelia Patterson-Harris, Councilmember, District 2 Juan Chadis, Councilmember, District 1 APPROVED AS TO FORM: I&k wv_-, K lli Leisure, Assistant City Attorney cedocs//Ord.Amend.ZBASpecialException