HomeMy WebLinkAboutOrdinance - 2007-O0034 - Amending Chapter 29 Code Of Ordinances Special Exceptions - 04/12/2007First Reading
April 12, 2007
Itea No. 5.7
Second R.eadillg
April 26 .. 2007
Itea No. 6.8
ORDINANCE NO. 2007-oD034
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-28, "ZONING BOARD OF ADJUSTMENT,"
SUBSECTION (f) "SPECIAL EXCEPTIONS," BY PERMITTING AS AN
ACCESSORY USE TO AN OWNER OCCUPIED STRUCTURE, THE USE OF AN
EXISTING SECONDARY LIVING UNIT IN AN R-1 OR R-2 DISTRICT; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
WHEREAS, the proposed changes to Chapter 29 as hereinafter made have been
duly presented to the Planning and Zoning Commission for its recommendation which
was received by the City Council and, after due consideration, the City Council finds that
due to changed conditions, it would be expedient and in the interest of the public health,
safety and general welfare to make those proposed changes; and
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance have been fully complied with, including giving notices in
compliance with the notices provided by the Texas Local Government Code §211.007
(Vernon, 1997), and notice was duly published in the Lubbock Avalanche-Journal more
than fifteen (15) days prior to the date of the public hearing before the City Council on
such proposed amendment, and the public hearing according to said notice, was held in
the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
persons appeared in support of the proposal; and after said hearing, it was by the City
Council determined that it would be in the public interest, due to changed conditions, that
the Zoning Ordinance be amended in the manner hereinafter set forth in the body of this
, Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT Section 29-28(£)(2) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by adding a new subsection (q) to read as follows:
"(q) In the R-1 and 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 nonconfonning apartment.
Page 1 -Ordinance No. ___ _
1. 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:
(a) an affidavit stating why the secondary living unit does
not qualify for registration as a legal nonconfonning
apartment and
(b) a site plan and floor plan depicting the structure {s} as
they existed on November 20, 1980.
2. Approval is limited to one (1) primary living unit and one (1)
accessory living unit per development tract.
3. Approval as an accessory secondary living unit shall not affect
the unifonn 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 pennits shall be issued for
other than that work necessary to maintain said unit in a safe
and habitable manner. No pennit shall be issued to expand the
floor area of an existing accessory secondary living unit or to
add additional residential units.
4. 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:
(a) one of the two living units on the development tract is
not occupied by the owner of the property; or
(b) 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.
5. Any approval under this section shall be recorded as a part of
the Deed Records of Lubbock County, Texas."
Page 2-Ordinance No. ___ _
Section 2. THAT violation of any prov1s1on of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed Two Thousand and Noll 00
Dollars ($2000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of
Lubbock.
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 12th day of
Passed by the City Council on second reading this 26th day of
ATTEST:
~~~ Reb cca Garza, City Secretary
April , 2007.
April , 2007.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
~~~~~~~ ~~~~
lc: cityatt/Linda/Zoning Amendment-accessory secondary living unit
February 26, 2007
Linda L. Chamales, Senior Attorney
Office Practice Section
Page 3 -Ordinance No. ___ _