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HomeMy WebLinkAboutOrdinance - 2017-O0055 - Amending Chapter 40 Zoning - 05/11/2017First Reading SecondReading April 27, 2017 May 11,2017 Item No.7.3 Item No.7.3 ORDINANCE NO.2Q17-O00S5 AN ORDINANCE AMENDING CHAPTER 40,"ZONING,"OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,TEXAS BY AMENDING SECTIONS 40.03.211,40.03.332, 40.03.562,AND 40.03.682 REGARDING OFF- STREET PARKING PROVISIONS;PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;AND PROVIDING FOR PUBLICATION. WHEREAS,the Planning & Zoning Commission of the City of Lubbock, Texas, in its meeting on April 6,2017,unanimously found that it is in the best interest of the citizens of the Cityof Lubbockto amend Chapter40ofthe Codeof Ordinancesofthe Cityof Lubbock regarding off-street parking provisions in zoning districts R-l,R-2,A-l,and A-2; and WHEREAS,the Planning & Zoning Commission of the City of Lubbock, Texas recommends that the City Council of the City of Lubbock, Texas amend Chapter 40 of the Code of Ordinances of the City of Lubbock to account for the Commission's approved codification;and WHEREAS,the City Council of the City of Lubbock,Texas 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 of the City of regarding off-street parking provisions in zoning districts R-l,R-2,A-l,and A-2;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1.THAT Section 40.03.211(c)(3)of the Code of Ordinances,City of Lubbock, Texas is hereby amended to read as follows: (3) (A) In areas where there are paved streets,all vehicles (including recreational dual purpose vehicles)[,]recreational vehicles,and recreational equipment or trailers,whether oversized or not,that are within the established front yard setback shall only be parked on driveways (as defined in section 40.01.003(47)of this chapter),or on paved off-street parking areas. (B) In areas where there are paved streets,all vehicles (including recreational dual purpose vehicles),recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked on driveways (as defined in section 40.01.003(47) of this chapter) or on paved off-street parking areas or behind a screening fence. In no event shall parking be allowed in the right- of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line,if any, and from the established front setback line to the rear property line. (C) In areas where there are paved streets, all recreational vehicles and oversized recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked behind a screening fence. In no event shall parking be allowed in the right-of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. SECTION 2. THAT Section 40.03.332(c)(3) of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: (3) (A) In areas where there are paved streets, all vehicles (including recreational dual purpose vehicles)[,] recreational vehicles, and recreational equipment or trailers, whether oversized or not, that are within the established front yard setback shall only be parked on driveways (as defined in section 40.01.003(47) of this chapter), or on paved off-street parking areas. (B) In areas where there are paved streets, all vehicles (including recreational dual purpose vehicles), recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked on driveways (as defined in section 40.01.003(47) of this chapter) or on paved off-street parking areas or behind a screening fence. In no event shall parking be allowed in the right- of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. (C) In areas where there are paved streets, all recreational vehicles and oversized recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked behind a screening fence. In no event shall parking be allowed in the right-of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. SECTION 3. THAT Section 40.03.562(b)(3) of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: (3) (A) In areas where there are paved streets, all vehicles (including recreational dual purpose vehicles)[,] recreational vehicles, and recreational equipment or trailers, whether oversized or not, that are within the established front yard setback shall only be parked on driveways (as defined in section 40.01.003(47) of this chapter), or on paved off-street parking areas. (B) In areas where there are paved streets, all vehicles (including recreational dual purpose vehicles), recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked on driveways (as defined in section 40.01.003(47) of this chapter) or on paved off-street parking areas or behind a screening fence. In no event shall parking be allowed in the right- of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. (C) In areas where there are paved streets, all recreational vehicles and oversized recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked behind a screening fence. In no event shall parking be allowed in the right-of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. SECTION 4. THAT Section 40.03.682(b)(3) of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: (3) (A) In areas where there are paved streets, all vehicles (including recreational dual purpose vehicles)[,] recreational vehicles, and recreational equipment or trailers, whether oversized or not, that are within the established front yard setback shall only be parked on driveways (as defined in section 40.01.003(47) of this chapter), or on paved off-street parking areas. (B) In areas where there are paved streets, all vehicles (including recreational dual purpose vehicles), recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked on driveways (as defined in section 40.01.003(47) of this chapter) or on paved off-street parking areas or behind a screening fence. In no event shall parking be allowed in the right- of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. (C) In areas where there are paved streets, all recreational vehicles and oversized recreational equipment or trailers that are within the side yard adjacent to the street on corner lots, shall only be parked behind a screening fence. In no event shall parking be allowed in the right-of-way or parkway. For this section side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. SECTION 5. THAT, violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 6. 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 7. 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 8. 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 this )7th day of Aril , 2017. P Passed by the City Council on second reading this 11 th day of May , 2017. DANIEL M. POPE, MAYOR ATTEST: D "VX Re t cca Garza, City Secret Uy APPROVED AS TO CONTENT: endrew Paxton, irector of Planning APPROVED AS TO FORM: Ry n 13 oke, ssistant City Attorney Ord. Chapter 40 Off -Street Parking 04.12.17