HomeMy WebLinkAboutOrdinance - 2021-O0147 - Amending Chapter 40 ZoningFirst Reading
September 28, 2021
Item No. 8.18
ORDINANCE NO. 2021-00147
Second Reading
October 12, 2021
Item No. 8.16
AN ORDINANCE AMENDING CHAPTER 40 "ZONING" OF THE CITY OF
LUBBOCK CODE OF ORDINANCES, TO AMEND SECTION 40.01.003
"DEFINITIONS" TO ADD A DEFINITION FOR OFFICE/WAREHOUSE; AMEND
DIVISION 15 "C-3 GENERAL RETAIL DISTRICT" TO UPDATE GENERAL
PROVISIONS AND PERMITTED USES; AND AMEND SECTION 40.03.2233
"PERMITTED USES" TO ADD OFFICE/WAREHOUSE AND TO SET REGULATIONS
FOR OUTSIDE STORAGE FOR OFFICE/WAREHOUSE; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; PROVIDING A CONSISTENCY IN
APPLICATION CLAUSE, AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning and Zoning Commission of the City of Lubbock, Texas (1
"Commission"), during its regular meeting on September 2, 2021, found that it is in the b
interest of the citizens of Lubbock to amend Chapter 40 of the code of Ordinances of the City
Lubbock (the "Code") in order to update uses allowed in various zoning districts and cre;
regulations for 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
the health, safety, and welfare of the citizens of the City of Lubbock to amend Chapter 40 of the
City 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,
Texas is hereby amended to insert the following definitions in alphabetical order and renumber
the section accordingly as follows:
Office/Warehouse: A building used to store and maintain equipment and other materials
customarily used in the trade carried on by a contractor and shall contain an office that
shall be a minimum of 25% of the square footage of the building. Storage shall include,
but is not limited to, building materials, contractor plant or storage yard (in compliance
with the provisions of Section 40.03.2233), roofing contractor's shop, septic tank service,
insulation applicator business, and refrigeration service. This definition excludes
temporary contractor's storage associated with the site of an on -going construction project
and stack lots.
Page 1 of 4
SECTION 2. THAT Section 40.03.1632(b) of the Code of Ordinances of the City of Lubbock i,
hereby amended to read as follows:
b) All business shall be conducted entirely within a building. Outside storage and/or
display of any type, an accessory pass -out windows, and/or pickup and delivery to
customers while still in their motor vehicles shall be prohibited, unless specifically
authorized by the following Section.
SECTION 3. THAT Section 40.03.1633 of the Code of Ordinances of the City of Lubl
Texas is hereby amended to insert the following permitted uses in alphabetical order
renumber the section accordingly as follows:
Hardware store. Outside display and/or storage shall be permitted. All outside storage c
materials shall be screened by a six-foot solid screening fence of wood or masonry construction.
Home Improvement Center. Outside display and/or storage shall be permitted. All
storage of materials shall be screened by a six-foot solid screening fence of wood or
construction. Additional buildings may be used for the warehousing of materials.
SECTION 4. THAT Section 40.03.2233 of the Code of Ordinances of the City of Lubbock,
Texas is hereby amended to alphabetically add the permitted use of Office/Warehouse as follows
and renumber the remainder of the section accordingly and to set forth the following regulations
for Office/Warehouse:
Office/Warehouse. Outside storage shall be permitted only as indicated below.
A. Outside storage is prohibited on a property that is adjoining any property zoned
"T", "RR", "R-1 ", 64R-1 A", or "R-2";
B. All outside storage of materials shall be screened by a six-foot solid screening
fence of wood or masonry construction; and
C. Outside storage shall be limited to an area no greater than 25% of the square
footage of the building on the property.
SECTION 5. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by a 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 6. THAT should any paragraph, section, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
Page 2 of 4
SECTION 7. THAT the intent of this Ordinance is to apply consistent changes to any portion o
the Code of Ordinances of the City of Lubbock that is or may be affected by the change
provided herein. This Ordinance is also intended to apply consistent changes to any Ordinanc,
that has been approved by the City Council of the City of Lubbock that is or may be affected b:
the changes provided herein. If this Ordinance has omitted any portion of the Code o
Ordinances or any other Ordinance that should otherwise be affected by the changes provide(
herein, such omission is inadvertent and unintentional, and, upon the effective date of thi
Ordinance, any such omitted portion of the Code of Ordinances or other Ordinance shall bi
interpreted in such a manner as to comply with the changes provided herein.
SECTION 8. 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of September , 2021.
Passed by the City Council on second reading this 12th day of October , 2021.
ATTEST:
-G'&" X
Reb cca Garza, City Sec tar
APPROVED AS TO CONTENT:
Bry �ham,irector of Planning
Page 3 of 4
DANIEL M. POW, MAYOR
APPROVED AS TO FORM:
i
Ke li Leisure, ssistant City Attorney
ccdocs//Ord.Amend.Ch40UsesRemainder
07.26.21
Page 4 of 4