HomeMy WebLinkAboutOrdinance - 2021-O0102 - Amending Chapter 40 - ZoningFirst Reading
August 10, 2021
Item No. 7.8
Second Reading
August 24, 2021
Item No. 8.24
ORDINANCE NO. 2021-00102
AN ORDINANCE AMENDING CHAPTER 40 "ZONING" OF THE CITY OF LUBBOC
CODE OF ORDINANCES, TO AMEND SECTION 40.01.003 "DEFINITIONS" TO Al
DEFINITIONS FOR EVENT CENTER, HARDWARE STORE, AND HOry
IMPROVEMENT CENTER; AMEND SECTION 40.03.1873 "PERMITTED USES" 7
REMOVE GAME ROOM AND LUMBER YARD; AND TO AMEND SECTION 40.03.31
"PERMITTED USES" TO ADD EVENT CENTER AS A SPECIFIC USE IN DISTRIC'
64C-2999 "C-39, AND "C-4"; PROVIDING A PENALTY; PROVIDING A SAVIN(
CLAUSE; PROVIDING A CONSISTENCY IN APPLICATION CLAUSE, AD
PROVIDING FOR PUBLICATION.
WHEREAS, the Planning and Zoning Commission of the City of Lubbock, Texas (thi
"Commission"), during its regular meeting on July 29, 2021, found that it is in the best interest o
the citizens of Lubbock to amend Chapter 40 of the code of Ordinances of the City of Lubbocl
(the "Code") in order to update uses allowed in various zoning districts and create regulations fo
new uses; and
WHEREAS, the Commission recommends that the City Council of the City of Lubbock, Texas
(the "Council") amend Chapter 40 of the City of Lubbock Code of ordinances as amended below;
and
WHEREAS, the Council finds and determines that it is necessary and proper in the interest of
health, safety, and welfare of the citizens of the City of Lubbock to amend Chapter 40 of the C
of Lubbock Code of Ordinances by amending said uses, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 40.01.003 of the Code of Ordinances of the City of Lubbock, T4
is hereby amended to insert the following definitions in alphabetical order and renumber
section accordingly as follows:
Event Center: A public or privately owned structure or area used for the purposes of pL
performances, private receptions or parties, conferences, ceremonies or similar attractions that:
generate heavy traffic. Accessory uses may include food preparation facilities, concessi
offices, and restaurants.
Hardware Store: The retail sale, rental, or lease of tools, implements, or other items used for home
improvement, or the retail sale, rental, or lease of such goods in combination with repair and
maintenance services and the sale of replacement parts and accessories for home improvement.
Home Improvement Center: An establishment engaged in the retail or wholesale sale of materials
used in the construction of buildings or other structures, as well as the outdoor storage of
construction equipment or materials on lots other than construction sites. Typical uses include
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lumberyards, lawn and garden supply stores, construction equipment sales and rental,
plumbing, air conditioning and heating supply stores, and swimming pool sales.
SECTION 2. THAT Section 40.03.1873 of the Code of Ordinances of the City of Lubbock,
is hereby amended as follows:
[Permitted uses in this district are the following:]
1. Any use unconditionally permitted in the "CB-1" District.
2. Agriculture implement and tractor sales and services (totally within a building).
3. Ambulance service.
4. Apartments.
5. Arts and crafts store.
6. Banks, and saving and loan companies, including motor banks and/or accessory pass -out
windows.
7. Bicycle and lawnmower sales and repair shops.
8. Builder's supply. All materials must be in a building.
9. Bus station.
10. Cafe supply dealer, fixtures.
11. Candy plant.
12. Canvas goods shop, tents and awnings (no manufacturing).
13. Cleaning, dyeing or dry cleaning shops.
14. Commercial parking lot or building. No gasoline sales permitted.
15. Commercial private clubs and teenage clubs.
16. Consignment clothing store. (no outside storage or display).
17. Convalescent or sick room supplies.
18. Dairy supply dealer.
19. Dance hall (no mixed alcoholic beverage sales permitted).
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20. Department store, discount center, family center.
21. Electrical supply dealer.
22. Feed store with no grinding, packaging, or mixing of feed permitted.
23. Florist shop.
24. Frozen food lockers.
25. Furniture store, new and used. (All merchandise must be in a building).
26. Pool, billiard and/or domino parlor (no mixed alcoholic beverage sales permitted).
27. Gift shop.
28. Grocery store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for on -premises and/or off -premises consumption as an incidental
29. Tamale plant.
30. Hobby shop.
31. Hotel or motel.
32. Household appliance sales and repair shop.
33. Janitorial or cleaning service.
34. Job printing and lithographing.
35. Laboratory, chemical, general analysis.
36. Laundry and dry cleaning not exceeding over five thousand (5,000) square feet of gross
floor area. Accessory pass -out windows and/or pickup and delivery of laundry frc
customers while still in their motor vehicle shall be permitted.
37. Magazine agency.
38. Motorcycle shop, including sales, rentals and service. (Outside display of
motorcycles for sale or rent permitted.)
39. Nightclub, bar or lounge.
40. Nonprofit training center with retail sales.
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41. Package store
42. Paint, tile, carpet, wall covering, and floor covering store.
43. Pest control service.
44. Pet shop - totally within a building.
45. Plumbing service, as defined in section 2.92 (29-3(92)) [40.01.003(122)].
46. Print shop.
47. Private community centers for the recreational and social use of the residents of an
addition, subdivision, housing development, or apartment complex which is operated by
an association or incorporated group for their use and benefit. Such center may contain a
swimming pool, volleyball, tennis and croquet courts, parking lot, playground equipment
and other similar recreational facilities. Such use shall be of the nature described above and
shall be operated for the benefit and use of the occupants only as a part of the development.
48. Produce market. (Totally within a building.)
49. Quick tune or quick oil change facilities.
50. Radio, stereo, or television repair shops.
51. Rental store (no outside storage or display).
52. Restaurants when designed for service and consumption of food inside the building, exc
that accessory passout windows and outside dining areas/patios shall be permitted
defined in section 29-3(97.1.1) [40.01.003(138)] and 29-3(97.1.2) [40.01.003(139)]
the yard requirement section of this ordinance at 29-19.1(e) [section 40.03.18751.
53. Road machinery sales and service (totally within a building).
54. Secondhand goods store or pawnshop.
55. Self-service laundry and dry cleaning pick-up stations. Accessory pass -out windows and/or
delivery of laundry from customers while still in their motor vehicle shall be permitted.
56. Sign shops, limited to window lettering, painted wall signs, banners and desk
signs.
57. Skating rinks.
58. Sporting goods store.
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59. Store fixtures sales (no manufacturing permitted).
60. Theaters and motion picture shows (includes multiple screens).
61. Tire, battery and accessory stores.
62. Upholstery shops, furniture (No outside storage permitted).
63. Wholesale house, sales office and storage - No cotton storage.
SECTION 3. THAT Sections 40.03.3103(d)-(f) of the Code of Ordinances of the City
Lubbock, Texas are hereby amended as follows:
d) Commercial uses—"C-2" District. The following commercial uses in "C-2" District
provided all of the requirements of that district are met and further provided that additional
requirements are approved by the City Council which will ensure proper protection to and
compatibility with adjacent uses:
1. Event Center
2. Hotel or motel. (Nightclub permitted as an accessory use.)
3. Self-service gasoline sales.
e) Commercial uses—"C-3" District.
1. Automobile sales and service. (No used cars or recreational vehicle sales
permitted.)
2. Event Center
3. Upholstery shop, furniture. (No furniture refinishing or outside storage
permitted.)
f) Commercial uses--"C-4" District. The minimum parking requirement for each of the
following permitted uses shall have, and maintain, one (1) parking space for each fifty (50) square
feet of gross floor area:
1. Commercial private clubs and teenage clubs.
2. Dance halls (no mixed alcoholic beverage sales permitted).
3. Event Center
4. Game room, pool, billiard and/or domino parlors.
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Nightclubs, bars or lounges.
SECTION 4. THAT violation of any provision of this Ordinance shall be deemed a misdemeanc
punishable by a fine not to exceed Two -Thousand and No/100 Dollars ($2,000.00) as provided i
Section 40.01.006 of the Zoning Ordinance of the City of Lubbock.
SECTION 5. THAT should any paragraph, section, sentence, clause, phrase or word of
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordin.
shall not be affected thereby.
SECTION 6. THAT the intent of this Ordinance is to apply consistent changes to any portion
the Code of Ordinances of the City of Lubbock that is or may be affected by the changes provid
herein. This Ordinance is also intended to apply consistent changes to any Ordinance that has be
approved by the City Council of the City of Lubbock that is or may be affected by the chant
provided herein. If this Ordinance has omitted any portion of the Code of Ordinances or any otl
Ordinance that should otherwise be affected by the changes provided herein, such omission
inadvertent and unintentional, and, upon the effective date of this Ordinance, any such omitl
portion of the Code of Ordinances or other Ordinance shall be interpreted in such a manner as
comply with the changes provided herein.
SECTION 7. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized
directed to cause publication of the descriptive caption of this Ordinance as an alternative mi
of publication provided by law.
F41a11YrKsYOZI :1 1
Passed by the City Council on first reading this 1 Oth day of August , 2021.
Passed by the City Council on second reading this 24th day of August , 2021.
DANIEL M. POPE, MAYOR
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ATTEST:
I Ik 1 4- Y
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Brya (sham, D ector of Planning
APPROVED AS TO FORM:
Kelli Leisure, Assistant City Attorney
ccdocs//Ord.Amend.Ch40Uses PZC
08.02.21
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