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HomeMy WebLinkAboutOrdinance - 8464 - Amending Zoning Ordinance No. 7084 - 07/14/1983SMH/mck ORDINANCE NO. 8464 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084, OF THE CITY OF LUBBOCK, TEXAS, (BEING THE ZONING ORDINANCE), BY AMENDING SECTION 2 TO INCLUDE DEFINI- TIONS OF "CIRCUS" AND 11CARNIVAL"; AMENDING SECTION 20.4 TO INCLUDE CIRCUSES AND CARNIVALS AS CONDITIONAL USES IN M~l ZONES; AMENDING SECTION 21.3 TO INCLUDE CIRCUSES AND CARNIVALS AS PERMITTED USES IN M-2 ZONES; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION, WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council finds that due to changed conditions, it would be expedient and in the interest of the public health, morals, and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 26 of Ordinance No, 7084, as well as notices provided by Article lOllf, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning 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 duly held in the City Council Room on the second floor of the City Hall, 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 and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance 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 Ordinance No. 7084 of the City of Lubbock (being the Zoning Ordinance) BE and is hereby amended by adding a Section 2.24a to read as follows: "2.24a. CARNIVAL: Any touring, ·commercial exhibition that includes amusement activities, including but not limited to rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities, sideshows, medicine shows and wild west shows." SECTION 2, THAT Ordinance No, 7084 of the City of Lubbock (being the Zoning Ordinance) BE and is hereby amended by addi~g a Section 2.24b to read as follows: 11 2.24b. limited similar which a CIRCUS: Any touring, commercial exhibition that includes but not to menageries, sideshows, performances of skill, animal shows and amusement activities which are open to the public for admission to fee is charged". .... • .. '' SECTION 3. THAT Ordinance No. 7084 of the City of Lubbock (being the Zoning Ordinance) BE and is hereby amended by adding a Section 20.4-5 to read as follows: 11 20.4-5. Carnivals or circuses (subject to conditions of Section 3-2 et.seq. of Lubbock Cod.e of Ordinances)." SECTION 4. THAT Ordinance No. 7084 of the City of Lubbock (being the Zoning Ordinance) BE and is hereby amended by adding a Section 21.3-9a to read as follows: "21.3-9a. Carnivals or circuses (subject to conditions of Section 3-2 et.seq. of Lubbock Code of Ordinances)." SECTION 5. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-4 of the City Code. SECTION 6. 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 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED, Passed by City Council on first read.ing this 14th day of __ J_u_1_y ___ , 1983. Passed by City Council on second reading this 28th day of July , 1983. c:::-~ ~ E. JACK B WN,MAYOR PRO TEM APPROVED AS TO CONTENT: APPRfVED AS. TO FORM: />flfli,v 7/J. /feefw Susan M. Horton, Assistant City Attorney """·· ------T,HE STATE OF TEXAS l -'Cf.,UNTY OF LUBBOCK Before me Bonnie McKee a Notarv Public in and for Lubbock ~ountv. Texas on this dav personally appeared Twila Aufil 1, Account Manzu!er of . e S~uthwestern Newsp~- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks [lrior to the first insertion or this lel!al Notice-331 words@60t Per word-$198.60 No. 709050 at Lubbock County. Texas and the attached print- ed copy of the Not 1 ce is a true copy or lhe original and was printed in the Lubbock Avalanche-.Journal on the following dates: Ju I Y 30 & Aue;us t 6, 1983. L-3682 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and swor!} to before me this --12in:Jay of Aue:ust ~~5~ FORM 58-10 . 19.J!L