HomeMy WebLinkAboutOrdinance - 2009-O0059 - Amending zoning code;regulating businesses permitted outside a building.First Reading
June 23, 2009
Item No. 6.6
Second Reading
July 8, 2009
Item No. 5.9
ORDINANCE NO. 2009-00059
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING
SECTION 29-14, "C-A COMMERCIAL -APARTMENT DISTRICT", SECTION 29-
15, "C-1, NEIGHBORHOOD SERVICE DISTRICT", SECTION 29-16, "C-2A
RESTRICTED LOCAL RETAIL DISTRICT", SECTION 29-17, "C-2, LOCAL
RETAIL DISTRICT", SECTION 29-18, "C-3, GENERAL RETAIL DISTRICT",
SECTION 29-19, "CB-1 WEST BROADWAY DISTRICT", SECTION 29-19.1,
"CB-2, CENTRAL BUSINESS DISTRICT, BROADWAY/13TH/MAIN", SECTION
29-19.2 "CB-3, CENTRAL BUSINESS DISTRICT, GENERAL", SECTION 29-
19.3, "CB-4, DEPOT DISTRICT; SECTION 29-20 "C-4 COMMERCIAL
DISTRICT", SECTION 29-21, "INDUSTRIAL PARK DISTRICT", SECTION 29-
22, "M-1, LIGHT MANUFACTURING DISTRICT", SECTION 29-23, "M-2,
HEAVY MANUFACTURING DISTRICT", SECTION 29-23.2, "IHC
INTERSTATE HIGHWAY COMMERCIAL DISTRICT", SECTION 29-23.3 "IHI,
INTERSTATE HIGHWAY INDUSTRIAL DISTRICT", SECTION 29-13, "AM,
APARTMENT -MEDICAL DISTRICT", SECTION 29-13.1 "GO, GARDEN
OFFICE DISTRICT", AND SECTION 29-23.1 "IHO, INTERSTATE HIGHWAY
OFFICE DISTRICT", REGULATING OUTSIDE STORAGE AND DISPLAY AND
ACCESSORY PASS OUT WINDOWS; ALLOWING FOR CONDITIONAL USES;
PROVIDING LIMITATIONS ON SQUARE FOOTAGE; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
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, 1990) 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 Ordinances 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 29-13(b)(4) and (c)(8) of the Code of
Ordinances of the City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions.
(4) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles
shall be prohibited unless specifically allowed by this code.
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(c) Permitted uses.
(8) Pharmacy, not exceeding two thousand (2,000) square feet of gross floor
area, limited to retail sale of drugs, medicines and/or medical supplies only.
(Accessory pass -out windows for the delivery of prescription medications
only shall be allowed.)
SECTION 2. THAT Section 29-13.1(b)(5) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions
(5) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles
shall be prohibited unless specifically allowed by this code.
SECTION 3. THAT Section 29-14(b)(5) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
(c) General provisions
(5) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles
shall be prohibited unless specifically allowed by this code.
SECTION 4. THAT Section 29-15(b)(2) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
(b) General Provisions
(2) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
SECTION 5. THAT Section 29-16 (b)(2) and (c)(2), (8), (17), (19), (21),
(22), (25), (26), (27), (37), (38) and (43) and (d)(lb), (1c), (ld), (le), (If), (lg), (lh),
(2) and (5) of the Code of Ordinances of the City of Lubbock, Texas is hereby
amended to read as follows:
(b) General provisions
(5) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles
shall be prohibited unless specifically allowed by this code.
(c) Permitted uses.
(2) Arts and crafts store, with not over three thousand (3,000) square feet of total
floor area.
(8) Book or stationery shops or newsstand, with not over three thousand (3,000)
square feet of total floor area.
(17) Drug store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use (Accessory
pass -out windows for the delivery of prescription medications only shall be
allowed.)
(19) Florist shop, with not over three thousand (3,000) square feet of total floor
area.
(21) Gift shop, with not over three thousand (3,000) square feet of total floor
area.
(22) Grocery store with not over three thousand (3,000) square feet of total floor
area. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for off premise consumption as an incidental use. (No gasoline pumps
pennitted.)
(25) Health or athletic club, with not over three thousand (3,000) square feet of
total floor area.
(26) Hobby shop, with not over three thousand (3,000) square feet of total floor
area.
(27) Household appliance sales and repair shop -small appliances, with not over
three thousand (3,000) square feet of total floor area.
(37) Restaurants — When designed for service and consumption of food inside the
building except outside dining areas/patios shall be permitted as defined in section
29-3(97.1.2).
(38) Restaurants with sales of mixed alcoholic beverages as an incidental use.
Outside dining areas/patios shall be permitted as defined in Section 29-3(97.1.1)
and Section 29-3(97.1.2).
(43) Sporting goods store. With not over three thousand (3,000) square feet of
total floor area.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in section 25 [29-28].
(lb) Arts and crafts store with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area.
(lc) Book or stationery shops or newsstand with over three thousand (3,000) but
not over thirty-five thousand (35,000) square feet of total floor area.
(1 d) Florist shop with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area.
(le) Gift shop with over three thousand (3,000) but not over thirty-five thousand
(35,000) square feet of total floor area.
(1 f) Health or athletic club with over three thousand (3,000) but not over thirty-
five thousand (35,000) square feet of total floor area.
(1g) Hobby shop with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area.
(lh) Household appliance sales and repair shop -small appliances with over three
thousand (3,000) but not over thirty-five thousand (35,000) square feet of total
floor area.
(2) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
(5) Sporting goods store with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area.
SECTION 6. THAT Section 29-17(b)(2) and (c)(1c), (ld), (le), (5), (5a),
(7), (7a), (8), (9), (10a), (11), (11a), (11b), (llc), (lle), (llt), (llg), (12) and (d)(2),
(2a), (2b), (2c), (3a), (4a), (4b), (4c), (4d), (5b), (5c) and (7a) of the Code of
Ordinances of the City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions
(2) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
(c) Permitted uses
(lc) Arts and crafts store with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area.
(ld) Banks, and savings and loan companies, including motor banks and/or
accessory pass -out windows.
(le) Book or stationery shops or newsstand with over three thousand (3,000) but
not over thirty-five thousand (35,000) square feet of total floor area.
(5) Family -bundle laundry not exceeding five thousand (5,000) square feet of
gross floor area. Accessory pass -out windows and/or pickup and delivery of
laundry from customers while still in their motor vehicle shall be permitted.
(5a) Florist shop with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area.
(7) Furniture store, new, with not over thirty-five thousand (35,000) square feet of
total floor area.
(7a) Gift shop with over three thousand (3,000) but not over thirty-five thousand
(35,000) square feet of total floor area.
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(8) Hardware store, with not over thirty-five thousand (35,000) square feet of
total floor area.
(9) Pet shop -No boarding of animals permitted, with not over thirty-five thousand
(35,000) square feet of total floor area.
(I Oa) Smoke shop
(11) Grocery store with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area. In areas allowed by state and
local laws, permit the sale of alcoholic beverages for off premise consumption as
an incidental use as defined in section 29-3(59). (No gasoline pumps permitted.)
(11 a) Health or athletic club with over three thousand (3,000) but not over thirty-
five thousand (35,000) square feet of total floor area.
(1 lb) Hobby shop with over three thousand (3,000) but not over thirty-five
thousand (35,000) square feet of total floor area.
(1 lc) Household appliance sales and repair shop with over three thousand (3,000)
but not over thirty-five thousand (35,000) square feet of total floor area.
(Ile) Restaurants -When designed for service and consumption of food inside the
building except that accessory pass -out windows and outside dining areas/patios
shall be permitted as defined in section 29-3(97.1.1) and 29-3(97.1.2).
(11 f) Self-service laundry or washateria 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.
(11 g) Sporting goods store with over three thousand (3,000) but not over thirty-
five thousand (35,000) square feet of total floor area.
(12) Sports grill, allowing, but not requiring game machines including electronic,
pinball, billiard tables or shuffleboard. Outside dining areas/patios shall be
permitted as defined by Section 29-3(97.1.1) and Section 29-3(97.1.2).
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in section 25 [29-28].
(2) Arts and crafts store with over thirty-five thousand (35,000) square feet of
total floor area.
(2a) Book or stationery shops or newsstand with over thirty-five thousand
(35,000) square feet of total floor area.
(2b) Florist shop with over thirty-five thousand (35,000) square feet of total floor
area.
(2c) Furniture store, new with over thirty-five thousand (35,000) square feet of
total floor area.
(3a) Gift shop with over thirty-five thousand (35,000) square feet of total floor
area.
(4a) Hardware store with over thirty-five thousand (35,000) square feet of total
floor area.
(4b) Health and athletic club with over thirty-five thousand (35,000) square feet
of total floor area.
(4c) Hobby shop with over thirty-five thousand (35,000) square feet of total floor
area.
(4d) Household appliance sales and repair shop with over thirty-five thousand
(35,000) square feet of total floor area.
(5b) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
(5c) Pet shop -No boarding of animals with over thirty-five thousand (35,000)
square feet of total floor area.
(7a) Sporting goods store with over thirty-five thousand (35,000) square feet of
total floor area.
SECTION 7. THAT Section 29-18(b)(2) and (c)(1b), (2), (2b), (5a), (5b),
(5c), (6), (6a), (7), (7a), (7b), (7c), (7d), (8), (9) and (10) and (d)(5a) and (6a) of the
Code of Ordinances of the City of Lubbock, Texas is hereby amended to read as
follows:
(b) General provisions.
(2) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
(c) Permitted uses.
(lb) Arts and crafts store
(2) Automobile car wash, drying of vehicles permitted outside of the building.
(2b) Book or stationery shops or newsstand
(5a) Reserved
(5b) Florist shop
(5c) Furniture store -new
(6) Gasoline service station, outside business with display of products no more
than three (3) feet from the building allowed.
(6a) Gift shop
(7) Grocery store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use as defined in
Section 29-3(59)
(7a) Hardware store
(7b) Health or athletic club
(7c) Hobby shop
(7d) Household appliance sales and repair shop
(8) Miniature golf course. (Business permitted outside of building).
(9) Pet shop -No boarding of animals permitted
(10) Sporting goods store
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment in the manner specified in section 25 [29-28]
(5a) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
(6a) Restaurants, not including restaurants with the sale of alcoholic beverages as
an incidental use, (business permitted outside the building).
SECTION 8. THAT Section 29-19(b)(2) and (c), (5), (10), (12), (18), (19),
(23), (28), (30), (31), (32), (36), (38), (39), (41), (56), (57), (63) and (d)(lb),(lc) and
(1d), (le), (If), (lg), (lh), (1i), (lj), (lk), (11), (lm), (2a) and (3a) of the Code of
Ordinances of the City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions.
(2) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
(c) Permitted uses.
(5) Arts and crafts store, with not over three thousand (3,000) square feet of total
floor area.
(10) Bicycle and lawnmower sales and repair shops, with not over five thousand
(5,000) square feet of total floor area.
(12) Book or stationery shops or newsstand, with not over three thousand (3,000)
square feet of total floor area.
(18) Consignment clothing store. (No outside storage or display.), with not over
three thousand (3,000) square feet of total floor area.
(19) Convalescent or sick room supplies, with not over five thousand (5,000)
square feet of total floor area.
(23) Drug store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use.
(Accessory pass -out windows for the delivery of prescription medications only
shall be allowed.)
(28) Florist shop, with not over three thousand (3,000) square feet of total floor
area.
(30) Furniture store, new, with not over five thousand (5,000) square feet of total
floor area.
(31) Gift shop, with not over three thousand (3,000) square feet of total floor
area.
(32) Grocery store with not over three thousand (3,000) square feet of total floor
area. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for off premise consumption as an incidental use. (No gasoline sales
permitted.
(36) Hardware store, with not over five thousand (5,000) square feet of total floor
area.
(38) Health or athletic club, with not over three thousand (3,000) square feet of
total floor area.
(39) Hobby shop, with not over three thousand (3,000) square feet of total floor
area.
(41) Household appliance sales and repair shop, small appliance, with not over
three thousand (3,000) square feet of total floor area.
(56) Restaurants with sales of mixed alcoholic beverages as an incidental use.
Outside dining areas/patios shall be permitted as defined in section 29-3(97.1.1)
and 29-3(97.1.2).
(57) Restaurants when designed for service and consumption of food inside the
building except outside dining areas/patios shall be permitted as defined in section
29-3(97.1.1) and 29-3(97.1.2).
(63) Sporting goods store, with not over three thousand (3,000) square feet of
total floor area.
(d) Conditional uses. The following uses may be permitted when approved by the
zoning board of adjustment as specified in section 25[29-28]
(lb) Arts and crafts store, with over three thousand (3,000) but not over thirty-
five thousand (35,000) square feet of total floor area.
(1c) Bicycle and lawnmower sales and repair shops, with over five thousand
(5,000) but not over thirty-five (35,000) square feet of total floor area.
(ld) Book or stationery shops or newsstand, with over three thousand (3,000) but
not over thirty-five (35,000) square feet of total floor area.
(le) Consignment clothing store. (No outside storage or display.), with over
three thousand (3,000) but not over thirty-five (35,000) square feet of total floor
area.
(If) Convalescent or sick room supplies, with over five thousand (5,000) but not
over thirty-five (35,000) square feet of total floor area.
(1 g) Florist shop, with over three thousand (3,000) but not over thirty-five
(35,000) square feet of total floor area.
(lh) Furniture store, new, with over five thousand (5,000) but not over thirty-five
(35,000) square feet of total floor area.
(li) Gift shop, with over three thousand (3,000) but not over thirty-five (35,000)
square feet of total floor area.
(lj) Hardware store, with over five thousand (5,000) but not over thirty-five
(35,000) square feet of total floor area.
(lk) Health or athletic club, with over three thousand (3,000) but not over thirty-
five (35,000) square feet of total floor area.
(11) Hobby shop, with over three thousand (3,000) but not over thirty-five
(35,000) square feet of total floor area.
(lm) Household appliance sales and repair shop, small appliance, with over
three thousand (3,000) but not over thirty-five (35,000) square feet of total floor
area.
(2a) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
(3a) Sporting goods store, with over three thousand (3,000) but not over thirty-
five (35,000) square feet of total floor area.
SECTION 9. THAT Section 29-19.1(b)(2) and (c)(4a), (4b), (4c), (12a),
(12b), (17a), (20a), (21a), (22a), (26a), (28), (37), (41), (44a), (46a) and (d) (2a) of
the Code of Ordinances of the City of Lubbock, Texas is hereby amended to read as
follows:
(b) General provisions.
(2) All business shall be conducted entirely within a building. Outside storage
and/or display of any type is prohibited. Accessory pass -out windows and/or
pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
(c) Permitted uses.
(4a) Arts and crafts store.
(4b) Banks, and saving and loan companies, including motor banks and/or
accessory pass -out windows.
(4c) Bicycle and lawnmower sales and repair shops.
(12a) Consignment clothing store. (no outside storage or display).
(12b) Convalescent or sick room supplies.
(17a) Florist shop.
(20a) Gift shop.
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(21a) Hobby shop.
(22a) Household appliance sales and repair shop.
(26a) 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 from customers while still in their motor vehicle shall be permitted.
(28) Motorcycle shop, including sales, rentals and service. (Outside display of
motorcycles for sale or rent permitted.)
(37) Produce market. (Totally within a building.)
(41) Reserved.
(44a) Self-service laundry or washateria 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.
(46a) Sporting goods store.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment as specified in section 25[29-28].
(2a) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicles.
SECTION 10. THAT Section 29-19.2(b)(2) and (d)(2a) of the Code of
Ordinances of the City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions.
(2) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited, except as indicated. Accessory
pass -out windows and/or pickup and delivery to customers while still in their
motor vehicles shall be prohibited unless specifically allowed by this code.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment as specified in section 25[29-28]
(2a) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
SECTION 11. THAT Section 29-19.3(b)(2) and (d)(3) of the Code of
Ordinances of the City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions.
(2) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited, except as indicated. Accessory
pass -out windows and/or pickup and delivery to customers while still in their
motor vehicles shall be prohibited unless specifically allowed by this code.
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(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment as specified in section 25[29-28].
(3) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
SECTION 12. THAT Section 29-20 (b)(2) and (c)(1)(9)(12)(18a)(26a)(29)
(29a)(46)(46a)(51)(54)(57)(60)(61)(62) and (d)(2) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions.
(2) All business shall be conducted entirely within a building. Outside storage of
any type shall be prohibited except as indicated. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
(c) Permitted uses.
(1) Any use unconditionally permitted in the "C-2A", "C-2" or "C-3" Districts.
(9) Automobile and recreational vehicles sales and service (may include body
and paint shop, as accessory use). Outside display in conjunction with the on
premises sale or rental of automobiles and recreational vehicles shall be permitted
subject to the regulations of this district.
(12) Boat and boat trailer sales and service. Outside display in conjunction with
the on premises sale or rental of boats and boat trailers shall be permitted subject
to the regulations of this district.
(18a) Consignment clothing store. (No outside storage or display).
(26a) Garden center. Outside display in conjunction with the on premises sale of
plant material and garden and yard equipment shall be permitted subject to the
regulations of this district.
(29) Greenhouse and plant nursery. Outside display in conjunction with the on
premises sale of plant material and garden and yard equipment shall be permitted
subject to the regulations of this district.
(29a) Home improvement center. All materials must be in a building. However,
outside display in conjunction with the on premises sale of plant material and
garden and yard equipment shall be permitted subject to the regulations of this
district.
(46) Portable building sales (fully constructed). Outside display in conjunction
with the on premises sale of fully constructed portable buildings shall be
permitted subject to the regulations of this district.
(46a) Public utility installations such as, but not limited to, railroad rights -of -way
and tracks, transformer stations, transmission lines, telephone exchanges, lift
stations, pumping stations, but in no event shall this be construed as permitting
such uses as garages and shops, railroad yards, loading yards or warehouses.
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(51) Rental store, heavy equipment and trailers only. Outside display in
conjunction with the on premises rental of heavy equipment and trailers shall be
permitted subject to the regulations of this district.
(54) Restaurants, not including restaurants with the sale of alcoholic beverages as
an incidental use, (business permitted outside the building).
(57) Secondhand or used car sales lot, not including wrecking and repairing, but
including minor tuning. Outside display in conjunction with the on premises sale
or rental of automobiles shall be permitted subject to the regulations of this
district.
(60) Swimming pool, commercial (indoor and/or outdoor) or sales. Outside
display in conjunction with the on premises sale of swimming pools shall be
permitted subject to the regulations of this district.
(61) Trailer and truck sales, rental or service. Outside display in conjunction
with the on premises sale or rental of trailers and trucks shall be permitted subject
to the regulations of this district.
(62) Trailer and truck sales, rental or service utility. Outside display in
conjunction with the on premises sale or rental of trailers and trucks shall be
permitted subject to the regulations of this district.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment in the manner specified in section (29-28)
(2) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
SECTION 13. THAT Section 29-21(b)(5) and (d)(6), (7), (13), (15) and
(e)(2) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended to
read as follows:
(b) General provisions.
(5) All business shall be conducted entirely within a building. Outside storage of
any type shall be prohibited except as indicated. This section shall not be
interpreted so as to limit the outside display of manufactured products and/or
equipment ready for sale. Accessory pass -out windows and/or pickup and
delivery to customers while still in their motor vehicles shall be prohibited unless
specifically allowed by this code.
(d) Permitted uses. The following uses shall be permitted on lots not having
frontage on major thoroughfares or expressways.
(6) Irrigation sales and services, including pumps and equipment. (Business
permitted outside of building).
(7) Lumber yard. (Business permitted outside of building).
(13) Road machinery sales and service. (Business permitted outside of building).
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(15) Trailer or truck sales, long-term leasing or service. (Business permitted
outside of building).
(e) Conditional uses.
(2) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
SECTION 14. THAT Section 29-22(b)(2) and (c)(1), (27), (29), (43) and
(45) and (d) (6) of the Code of Ordinances of the City of Lubbock, Texas is hereby
amended to read as follows:
(b) General provisions.
(2) All business shall be conducted entirely within a building._Outside display
and/or storage shall be permitted, however, when proposed development in this
district is located adjacent to any commercially or residentially zoned district, on
each side or to the rear, even if separated by an alley, all outside storage of
materials shall be screened by a six-foot solid screening fence of wood or
masonry construction or an equivalent landscape screen. Said screen shall be
permanently maintained. This section shall not be interpreted so as to limit the
outside display of manufactured products and/or equipment ready for sale.
Accessory pass -out windows and/or pickup and delivery to customers while still
in their motor vehicles shall be prohibited unless specifically allowed by this
code.
(c) Permitted uses.
(1) Any use unconditionally permitted in the "C-4" District.
(27) Irrigation sales and services, including pumps and equipment. (Business
permitted outside of building).
(29) Lumber yard. (Business permitted outside of building).
(43) Prefabricated or ready -built house or portable building manufacturing and
sales. (Business permitted outside of building).
(45) Produce market. (Business permitted outside of building).
(d) Conditional uses. The following uses may be permitted subject to approval
by the zoning board of adjustment in the manner specified in section 25 [29-28].
(6) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
SECTION 15. THAT Section 29-23(b)(2) and (c)(9), (10), (23), (25), (31),
(41) and (43) of the Code of Ordinances of the City of Lubbock, Texas is hereby
amended to read as follows:
(b) General provisions.
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(2) All business shall be conducted entirely within a building. Outside display
and/or storage shall be permitted, however, when proposed development in this
district is located adjacent to any commercially or residentially zoned district, on
each side or to the rear, even if separated by an alley, all outside storage of
materials shall be screened by a six-foot solid screening fence of wood or
masonry construction or an equivalent landscape screen. Said screen shall be
permanently maintained. This section shall not be interpreted so as to limit the
outside display of manufactured products and/or equipment ready for sale.
Accessory pass -out windows and/or pickup and delivery to customers while still
in their motor vehicles shall be prohibited unless specifically allowed by this
code.
(c) Permitted uses.
(9) Brick, tile, pottery or terra cotta manufacturing. (Business permitted outside
of building).
(10) Concrete batching or transient mix plant. (Business permitted outside of
building).
(23) Gravel crushing, screening and washing. (Business permitted outside of
building).
(25) Model airplane center or go-cart track. (Business permitted outside of
building).
(31) Rock crusher. (Business permitted outside of building).
(41) Tank manufacture. (Business permitted outside of building).
(43) Tile roofing manufacture. (Business permitted outside of building).
SECTION 16. THAT Section 29-23.1 (b)(6) of the Code of Ordinances of
the City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions.
(6) All business shall be conducted entirely within a building. Outside storage
and/or display of any type shall be prohibited. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
SECTION 17. THAT Section 29-23.2(b)(5) and (c)(1), (9), (11), (17a), (26),
(29), (29b), (48a), (52), (55) and (58) and (d)(1b) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
(b) General provisions.
(5) All business shall be conducted entirely within a building. Outside storage of
any type shall be prohibited except as indicated. Accessory pass -out windows
and/or pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
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(c) Permitted uses.
(1) Any use unconditionally permitted in the "C-2A", "C-2", "C-3" or "IHO"
Districts.
(9) Automobile and recreational vehicles sales and service (may include body
and paint shop, as accessory use). Outside display in conjunction with the on
premises sale or rental of automobiles shall be permitted subject to the regulations
of this district.
(11) Boat and boat trailer sales and service. Outside display in conjunction with
the on premises sale or rental of automobiles shall be permitted subject to the
regulations of this district.
(17a) Consignment clothing store. (No outside storage or display).
(26) Garden center. Outside display in conjunction with the on premises sale or
rental of automobiles shall be permitted subject to the regulations of this district.
(29) Greenhouse and plant nursery. Outside display in conjunction with the on
premises sale or rental of automobiles shall be permitted subject to the regulations
of this district.
(29b) Home improvement center. All materials must be in a building. However,
outside display in conjunction with the on premises sale of plant material and
garden and yard equipment shall be permitted subject to the regulation of this
district.
(48a) Public utility installations such as, but not limited to, railroad rights -of -way
and tracks, transformer stations, transmission lines, telephone exchanges, lift
stations, pumping stations, but in no event shall this be construed as permitting
such uses as garages and shops, railroad yards, loading yards or warehouses.
(52) Restaurants, not including restaurants with the sale of alcoholic beverages as
an incidental use, (business permitted outside the building).
(55) Secondhand or used car sales lot, not including wrecking and repairing, but
including minor tuning. Outside display in conjunction with the on premises sale
or rental of automobiles shall be permitted subject to the regulations of this
district.
(58) Trailer and truck sales and service. Outside display in conjunction with the
on premises sale or rental of trailers and trucks shall be permitted subject to the
regulations of this district.
(d) Conditional uses.
(I b) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
SECTION 18. THAT Section 29-23.3(b)(5) and (c)(1), (5), (27), (29), (43),
(45), (47) and (58) and (d)(2) of the Code of Ordinances of the City of Lubbock,
Texas is hereby amended to read as follows:
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(b) General provisions.
(5) All business shall be conducted entirely within a building. Outside display
and/or storage shall be permitted, however, outside storage of materials and goods
shall be screened so as not to be visible from any portion of the interstate highway
right-of-way or adjacent thoroughfares. Accessory pass -out windows and/or
pickup and delivery to customers while still in their motor vehicles shall be
prohibited unless specifically allowed by this code.
(c) Permitted uses.
(1) Any use unconditionally permitted in the "IHC" district.
(5) Blacksmithing or horseshoeing. (Business permitted outside of building).
(27) Irrigation sales and services, including pumps and equipment. (Business
permitted outside of building).
(29) Lumber yard. (Business permitted outside of building).
(43) Prefabricated or ready -built house or portable building manufacturing and
sales. (Business permitted outside of building).
(45) Produce market. (Business permitted outside of building).
(47) Rental store, heavy equipment and trailers only. (Business permitted outside
of building).
(58) Trailer and truck rental utility. (Business permitted outside of building).
(d) Conditional uses.
(2) Permit in any business the use of an accessory pass -out window and/or
delivery to customers while still in their motor vehicle.
SECTION 19. 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 29-31 of the Zoning Ordinance
of the City of Lubbock.
SECTION 20. THAT should any paragraph, 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.
SECTION 21. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rdday of June , 2009.
Passed by the City Council on second reading this 8th day of July 2009.
TO MARTIN, MAYOR
ATTEST:
Rebcc a Garza, City Secretary
APPROVED AS TO CONTENT:
Randy Henson, Director of Planning
APPROVED AS TO FORM:
9/ !
Chad Weaver, Asst. City Attorney
vw/CityAtt/Chad/Ordinances/ConditionalLiseAlcoholZoning0rdinance
June 12,2009
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