HomeMy WebLinkAboutOrdinance - 1101-1951 - Part Of Section III Of Ordinance 661 - 06_14_1951)
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ORDINANCE NO. 1101
C> to -:;28 -\..9 .5-=l----
AN ORDINANCE AMENDING THAT PART OF SECTION III OF ORD.I:.N"ANCE
NO. 661 REGULATING THE USE OF LAND FOR 1'A11 DISTRICTS, AND
AMENDING SECTION IV OF SAID ORDINANCE REGULATING THE USE OF
LAND IN ltB 11 DISTRICTS, SO AS TO ENLARGE UPON USE PERMISSIBLE
AND PROHIBITING ACCESSORY STRUCTURES ARRANGED OR DESIGNED
FOR LIVING QUARTERS UNLESS THE LOT AREA IS 10, 500 SQUARE FEET
OR MORE.
WHEREAS, the Planning and Zoning Commission has recommended to the
City Commission that Zoning Ordinanc.e No. 661 be amended to enlarge upon
uses within "A" and 11B 11 Zoning Districts, and to prohibit the construction of
accessory structures designed for living quarters unless the lot area is 10, 500
square feet or more, and the City Commission caused notice of hearing on the
proposed change to be published in the Lubbock Morning Avalanche on ----l(gp:h a 5. 1/IJ ... / , Hveh .2~ I Iff~"/ , and Mveh gz. 11,rl •
and· said notice having been so published and the public hearing held according
thereto in the City Commission room on the first floor of the City Hall in the
city of Lubbock at ,.2; INI P.M., on /lpr// 12, 1 fJ"'/ , at which time
sundry persons appeared at the hearing'fo promote as well as to oppose the
passage of said ordinance; and after the said hearing the City Commission
determined that it would be in the public interest, due to changed conditions
existing in the city of Lubbock,. to amend Zoning Ordinance No. 661 in sub-
stantial compliance with the recommendations of the Planning and Zoning
Commission, THEREFORE:
·BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section III of Ordinance No. 661, providing regulations
for 11A 11 Districts, BE and the same is hereby amended to read as follows:
" REGULATIONS FOR 11A 11 DISTRICTS
In an nA" District no building or land shall be used, and no building shall
be hereafter erected, moved or structurally altered which is arranged or
designed to be used, £/other than one or more of the following uses:
(1} Single-fan/ly dwellings.
(2.) Public pcyrk, playground, tennis court, swimming pool, wading
pool, mu'seums and libraries that are owned and operated by the City~ oubbock.
(3) Golf co rse, but not including miniature golf course or driving
range or any form of commercial amusement. Golf course
will h ve a minimum of forty (40} acres.
(4) Nurse
1
ries and truck gardens, limited to the propagation and
cultivation of plants, provided no retail or wholesale business
is conducted on the premises, and no animals or fowls shall
' be kept, except those normally kept as household pets. Provided
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{5)
(6)
/(7)
(8)
Tool house and construction shed to be used for construction
purposes only, and which shall be removed upon completion or abandonment of construction work. Field offices for the
sale of real estate which shall be removed upon request of
Building Inspector.,/
Accessory buildings, when permitted, shall be located not
less than eighty (80) feet from the front line nor less than
five (5) feet from any other street line, nor less than three
(3) feet from either side line.
Private garages are permitted. Accessory structures which
are arranged or designed for living quarters are not permitted
unless the lot area is 10, 500 square feet or more.
Accessory uses, customarily incidental to any of the above
uses when situated in the same dwelling and not involving the
conduct of retail business.
(a) The term 11accessory use" shall include customary home
occupations including the office of a physician, dentist,
surgeon, architect, lawyer, engineer, milliner, dress-
maker, musician or artist, provided that such uses are
located in the dwelling used by such a person as his or
her private residence and provided that no assistant not
a member of the family residing on the premises is
employed; said incidental use shall never be permitted
as a principal use, but only as a secondary use when
indispensably necessary to the enjoyment of the premises.
Signs.
{a) One sign or name plate which shall not exceed one (1) square
foot in area, indicating the name of the occupant or occu-
pation of a customary home occupation, provided the sign
is on private property.
{b) One sign or bulletin board not exceeding six (6) square feet
in area appertaining to the lease, hire or sale of a building
or premises, to be removed by the owner or agent immed-
iately upon sale or rental of the premises.
SECTION z. THAT Section IV of Ordinance No. 661, providing regulations
for "B" Districts BE, and the same is hereby amended to read as follows:
REGUlATIONS FOR "B" DISTRICTS
In a "B" District no building or land shall be used and no building shall
be hereafter eres;ted, moved or structurally altered which is arranged or
designed to be used for other than one or more of the following uses:
(1)
(Z)
(3)
(4)
(5)
(6)
Any use permitted in an 11A 11 District.
Two-family dwelling {duplex).
Churches (except temporary revivals).
School, public or private, having a curriculum equivalent to a
public elementary or high school.
Telephone exchange (provided no public business and no repair
or storage facilities ·are maintained).
F~re station, water supply reservoir; water pumping plant,
water tower, gas and electrical, public utility regulator
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(7)
station, but size and location of said stations to be fixed
by the City Commission in accordance with Section XXVlli
of this Ordinance.
Accessory buildings, when permittedt shall be located not
less than eighty (80} feet from the front line nor less than
five (5) feet from any other street line, nor less than three
feet from either side line.
{3)
Private garages are permitted. Accessory structures which
are arranged or designed for living quarters are not permitted
unless the lot area is 10, 500 square feet or more; nor are they
permitted on the lot the principal use of which is a duplex or
two-family dwelling.
{8) Accessory uses, customarily incidental to any of the above
uses when situated in the same dwelling and not involving the
conduct of retail business.
(a) The term "accessory use11 shall include customary
home occupations including the office of a physician,
dentist, surgeon, architect, lawyer, engineer, milliner,
dressmaker, musician or artist, provided that such uses
are located in the dwelling used by such person as his or
her private residence and provided that no assistant not
a member of the family residing on the premises is
employed; said. incidental use shall never be permitted as
a principal use, but only as a secondary use when indis-
pensably necessary to the enjoyment of the premises.
(9) Signs.
(a) One sign, or name plate, which shall not exceed one (1)
square foot in area, indicating the name of the occupant
or occupation of a customary ho:ine occupation, provided
the sign is on private property.
{b) One sign, or bu~etin boardt not exceeding six {6) square
feet in area appertaining to the lease, hire, or sale of a
building or premises, to be removed by the owner or agent
immediately upon sale cr rental of the premises.
AND IT IS SO ORDERED.
On motion of Commissioner But's'tedler , seconded by Com--------------------------missioner this Ordinance was passed on first
reading this 14th day of JW18 · , 1951, by the following vote: -------
Commissioners voting "Yea11 : Miyor Whiteside ancl C'O'IIIolliasionera Hufstedler•
Morris It The-.~
Commissioners voting 11Nay11 : C01111111esioner Davie
On motion of Commissioner ___ .-H;,;:;uf;;;;.;;;s.:;t;;;,ed;:::.l=er:::..... ____ , seconded by Com-
missioner _____ M_o_r_r_i_s __ -:-----, this Ordinance was passed on second
reading this 28th day of __ .I;wn.wnao _____ , 1951, by the following_ vote:
" Commissioners voting "Yea11 ; ~or Whiteside and Commissioners
Marris, Hufstedler, Thomas ~
Commissioners voting "Nay": Commissioner Davis 1
~ ... o~f: 1!!Y • -~ Mayor
ATTEST:
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VEW:sv
THE STATE OF TEXAS
COUNTY OF LUBBOCK }
Erle Marie Brown
Before me _________ a Notary Public in and for Lui
Parker F. Prouty personally appeared · , Pre!
A lanch~-Journol Publishing Company, publishers of The Lubboc
bbock Ev.ening Journal-Sunday Avalanche-Journal, who after I
did de se and soy that said newspaper has been published cant
Legal Notice , , fi wo weeks prior to the first insertion of thi , N• ~ Lubbock County, T exos, and thot the ottoched p•inted copy of the_ ~~ o true copy of the original and was printed in the said paper A ,.
j~ on the following dates:
p. IJ ,q::,
March 18 an
... Ill II •• .... •-••tth•••••••••--••••••~••••t
Notary 1\iblic iu and for ! ~y~~
\PURCHASE REQUISITION
DA fE;__ _ __..Me,__r.aliJ REQ. ~y • teven1a Lowe '. CITY DF' L~BBDCK
TO PIJRCH).SING DEPT.-Purchase the Following Goods to be Delivered___ co ••• l CPiaeel
Fro~:...·--------------------
~
QUANTITY
On H•nd N .. d
Terms
Delivery
1'. 0. NO.
F. 0. B
liD NO. O.lt. IUD& IT
____ Chg. Acct. No._ 1!
Unit Cost
19151
TOTAL
2
3
4
5
6
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In an "A" District no building or land shall be used, and no building
shall be hereafter erected, moved or structurally altered which is arranged or
designed to be used, for other than one or more of the following uses.
(1)
(2)
(3)
(4)
(?)
(6)
(?)
(8)
Single-t~ dwellings.
Public park, playground; tennis court, swimming pool, wading
pool, museums and libraries, owned and operated by the City
of Lubbock.
Golf course, but not including miniature golf course, driving
range, or any form of commercial amusement. (40 Acres minimtin0
Nurseries and truck gardens, limited to the propagation ahd
cultivation of plants, proviqed no retail or wholesale business
is conducted on the premises, a.nd no animals or fowls shall be
kept, except those normallY kept as household pets.
Tool house and construction shed to be used for construction
purposes only, and which shall be removed upon completion or
abandonment of construction work. Field offices for the sale
of real estate which shall be removed upon request of the
Building Inspector.
Accessory buildings are permitted, including a private garage
and servant.' s quarters when located not less than eighty ( 00)
feet from the front line nor less than five (5) feet from any
other street __ line, nor less than three (.3) feet from either
side line.Q servant's quarters) guest house or any structure
arranged or ~~igned for living quarters is permitted where
the lot area 1.s 10,500 square feet or more.
Accessory uses, customarily, incident to any or the above usee
when situated in the same dwelling and not involving the con-
duct of retail business. ·
(a) The term accessory use shall include customar.y home oc-
cupations including the office of a pnyaician, dentist, sur-
geon, architect, lawyer, engineer, milliner, dressmaker,
musician or artist, provided that such uses are located in
the dwelling used b,y such a person as his or her private
residence and provided that no assistant not a member ot
the family residing on the premises is employed, said in-
cidental use shall never be permitted as a principal use,
but only as a secondary use when indispensably necessar,y
to the enjoyment of the premises.
Si~e.
{a) One sign, or name plate, which shall not exceed one {1)
square foot in area, indicating the name of the occupant or
occupation of a customary home occupation, provided the sign
is on private property.
(b) One sign or bulletin board not exceeding six (6) square
feet in area appertaining to the lease, hire or sale or a
building or premises, to be removed by the owner or agent
immediately upon sale or rental or the premises.
.... " .,
v. -. REGULATIONS FOR •:an DISTRICT
In a •a-District no building or land shall be used and no build:ing
shall be hereafter erected, moved or structurally altered which is arranged
or designed to be used, for other than one or more of the following uses.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Any use permitted in an •A" District.
Two-family dwelling (duplex) •
Churches (except temporary revivals).
School, public or private, having a curriculum equivalent to
a public elementary or high school.
Telephone exchange (provided no public business and no repair
or storage facilities are roaintainedJ
Fire station, water supply reservoir, water pumping plant, water
tower, gas and electrical, p'O.blie utility regulator station, but
size and location of said stations to be fixed by the Oity Com-
mission in accordance with Section XXVIII of this Ordinance.
Accessory buildings are permitted, including a private garage
and servant's quarters when located not less than eighty (80)
feet from the front line nor less than five (5) feet from ~
other street line, nor less than three (3) feet from either
side line. A servant1s quarters, guest house or any structure
arranged or designed for living quarters is permitted where
the lot area is 10,500 square feet or moreo Dwellings used
for a duplex or two-family dwelling, only a garage will be
permitted as an accessory use.
Accessor.y uses, customarily, incident to any of the above uses
when situate~ in the same dwelling and not involving the con-
duct of retail business.
(a) The term accessory use shall include customary home oc-
cupations including the office of a physician, dentist, sur-
geon, archi teet, lawyer, engineer, milliner, dressmaker,
musician or artist, provided that such uses are located in
the dwelling used by such a person as his or he·r private
residence and provided that no assistant not a m~ber of
the family residing on the premises is employed, said
incidental use shall never be permitted as a principal
use, but only as a secondary use when indispensably neces-
sar.y to the enjoyment ot the premises.
Signs.
(a) One sign, or name plate, which shall not exeeed one (1)
square foot in area, indicating the name of the occupant or
occupation of a customary home occupation, provided the sign
is on private property,
(b) One sigri, or bulletin board not exceeding six (6) square
feet in area appertaining to the lease, hire or sale of a
building or premises, to be removed by the owner or agent
iJimedia.tely upon sale or rental of the premises.
\
. ~·
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SECTION VI: Bm-ULATIONS FOR DISTRICT "Fit:
In an "F" District no building or land shall be used and no building
shall be hereafter erected or structurally altered which is arranged or de-
signed to be used for other than one or more of the following uses:
(1) Any use permitted in ~ of the foregoing districts.
(2) Bank, office, studio.
(3) Gasoline filling station.
(4) Restaurant or cafe.
(5) Retail pressing, dyeing and cleaning shops.
(6) Retail store, barber shop, beauty parlor, and other
shops for custom work or the making of articles to
be sold at retail on the premises. Provided that no
•second-hand goods• store or yards will be permitted
in the 11F'" District or "G" District.
(7) Washaterias. (Ord •. 000, Ja.n\lary 23, 1947.)
(S) Advertising Sign (but not including commercial bill-
boards).
--_ ___,....
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CITY OF~ LUBBOCK
MEMORANL>tJM. Inter Office TO:,(,~
FROM:~ nate C-. -1 z.. -s-r
SUBJEcT: a ~ RJ ~
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R E S 0 L U T I 0 N
r THE HONORABLE MAYOR
AND -CI TY COMMISSION,
LUBBOCK, TEXAS.
GREETiNGS:
,.,
At a meeting of the Lubbock Real Estate Board,Noon,March,30th.l951 the following RESOLUTION was adopted:
WHEREAS, a serious and undesirable situation exists in "A" and"B" zones
of the City of Lubbock in that persons owning such property have
been guilty of many violations by erecting on the rear of their
lots so called 8 guest" houses and "servant's"houses and then
renting such premises to white people,permitting two or more
families to occupy a lot zoned for not more than one, or two
families,thus defeating the whole purpose of zoning, and
WHEREAS, such unbearable conditions and zoning violations have been brought
to the official attention of the CITY COMMISSION,the governing
body of the City of Lubbock and which COMMISSION has attempted
to correct these violations by an amendment to the zoning law
prohibiting the erection of a servants house in an "A" zone on
any lot having less than 10,500 square feet of ground space in
the lot and b{ further prohibiting the erection of a se7Vants
house in a "B under any circumstances if a duplex,two family
house,has already been erected on the lot and has given public
notice by advertisements in the newspapers, according to law,
that a hearing will be held at 2:00 P.M. April,l2th.in the oity
hall of Lubbock, Texas, at which time public protests against
the proposed zoning law changes may be made, or approvals thereo~
made be made to the City Commission,
NON THEREFORE,BE IT RESOLVED by the LUBBOCK REAL ESTATE BOARD that full
and continued co-operation is hereby extended to the CITY COM-
MISSION or LUBBOCK, TEXAS and all aid and assistance offered
in their laudible ambition to put an immeadiate stop to the
zoning violations mentioned above and involved in e.reoting ad-
ditional private residences for rental purposes under the thinly
veiled guise of being "Guest" houses and "Servant's" quarters \~
in "A" and "B" residential zones and ''
I \ .f~~,'
BE IT FURTHER RESOLVED, that the LUBBOCK REAL ESTATE BOARD,while intotlll ~\;~/
agreement with the CITY COMMISSION in their etro~•s to correct \)~)I
these existing zoning violations,do beleive that some better ~
form of approach to solving the problem ean be materialized
rather than that which is proposed in the public advertisement,
as it is beleived that sueh restrictions would work hardships
on those least able to bear them,the small home owners such as
/ usually erect their domiciles on such sized lots as 50by 140
feet, or less,making it impossible for them to have a servants
house of the bonfide domestic servant variety,no matter how
great their personal need and •ould effect a definite discrim-
ination against small home owners in favor of large lot area
home owners,and withal would serve no good purpose that could
not be achieved in some other and less destructive to ex-
ing p roperty values, mannerand,
AND BE IT FURTHER RESOLVED, that the LUBBOKKREAL ESTATE BOARD
DOES HEREBY PROTEST to the City Commission the proposed
changes in the zoning ordinance as advertised ror the reasons
as herein stated.
SIGNED,SEALED AND DBLIVBRBD on this the 30th.day of March,A.D.l95l
at Lubbock, Texas.
ATTEST:
LUBBOCK REAL EST.AJ'E BOARD,
By:'~~~
------~~ PRESIDENT •
SECRETARY. , . •
e ' \ .
_____ J
RESOLUTION
TO THE HONORABLE MAYOR
AND CITY COMMISSION,
LUBBOCK, TEXAS.
GREETINGS:
II.
At a meeting of the LUBBOCK REAL ESTATE BOARD,Noon,March~th.l951
the following RESOLUTION was adopted:
WHEREAS,the City of Lubbock is currently advertising a public
hearing on proposed zoning changes on the date of April,l2th.
at 2:00 P.M. as effects the size of •REAL ESTATE FOR SALE"
signs in "A" and •B" zones restricting them to six square feet
in area, and
WHEREAS, it has long been an established practice in the real
estate sales business,with particular reference to putting
new additions to cities on the market and the first offering
of lots and locations for sale in the said new additions,that
large,b111 board type signs are used to acquaint the pulb11c
with the tact that such additions are now for sale in lots
and blocks and such large signs are removed when the initial
sales efforts on the part of the real estate firm that estab-
ed the new addition have reached their conclusion and all the
lots are in the hands of the new purchasers,then the size of
signs offering individual lots for sale are greatly reduced,
NOW THEREFORE BE IT RESOLVED, by the LUBBOCK REAL BSTATE BOARD
that it does hereby agree with the efforts of the CITY COMMISSION or Lubbock, Texas in their continued efforts to realize the
full benefit of city zoning for the use and benefit of the
people of Lubbock, and
BE IT FURTHER RESOLVED that since most new additions to the
city will be residential and will consequently be placed in
either,or both "A• and "a• zones and that such additions 1n
the course of regular business practices of sale must be
properly advertised,that such six ~eet restriction as to area
ot such advertising signs by the original sales developers
not be effective as to their sales eftorts,but will be ef-
fective as to any "SECOND• offer of sale by the first purchaser.
Signed at Lubbock, Texas, the .)e*h. day of March,A. D.l951
LUBBOCK REAL ~TE BOARD, By:~~
SECRETARY.
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