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HomeMy WebLinkAboutOrdinance - 2001-O0027 - Amending Chapter 29 Deleting The Requirement ZBA. Amending Sec 29-30(B) - 03/22/2001First Reading March 22, 2001 Item No. 44 ORDINANCE NO. 2001-00027 -------- Second Reading April 12, 2001 Item No. 27 AN ORDINANCE AMENDING CI-IAPTER 29 OF THE CODE OF ORDINANCES. CITY OF LUBBOCK. ENTITLED ··zoNING:· BY DELETING Tl IE REQUIREMENT FOR ZBA APPROVAL OF OUTDOOR SALES TENTS LARGER THAN 30 X 40 FEET: BY AMENDING SECTION 29-30(b) TO ADD A SUBSECTION ENTITLED ·'ADMINISTRATIVE REVIEW AND PERMITTING FOR PROMOTIONAL SALES AND GRAND OPENING ACTIVITlES··: PROVIDING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION. WHEREAS. the rroposed amendment to the zoning ordinam;c as hereinafter made has been duly presented to the Planning and Zoning Commission for its recommendation which ,vas received by the City Council and. after due consideration. the City Council finds thnt it would be exredient and in the interest of the public health, morals and general welfare to so amend said zoning ordinance: and WHEREAS. all conditions precedent required by law for a valid amendment to the zoning ordinance had been fully complied with. as well as the publication of notice in compliance with Section 29-29 of the Code of Ordinances. City of Lubbock. Texas and Article 10 I 1 d. V crnon · s Annotated Civil Statutes. and such notice was duly published in the Lubbock Avalnnchc .Tournnl more than ( 15) days prior to the date of the public hearing before the City Council on such rrorosed amendment. and the public hearing according to said notice \\·as duly held in the City Council Room. 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 \\'ould be in the public interest that the zoning ordinance be amended in the matter hcn:inalkr set forth in the body or this ordinance and this ordinance having been introduced prior to first reading hereof: NOW THEREFORE: SECT! ON l. TI-IA T Section 29-28 of the Code of Ordinances. City of Lubbock is hereby amended by repealing and reserving the whole of Section 29-28 (j ). SECTION 2. Tl !AT Section 29-30(b) of the Code of Ordinances. City of Lubbock is hereby amended by adding a section to be numbered 29-30(b)(9). \\·hich section shall read as follows: Section 29-30 (b) (9) Administrative revie1i-and permittingfor promotional sales and grand opening activities. a. Promotional sales activities ( including "tents." "tent sales." "truckload sales." "sidewalk sales." and "snks of merchandise outside any structure.") may be permitted in the "CA." "C-2/\." "C-2." "C-3." "IHC." "1111." "C--L" "\,1-1." and "M-2" 7.oning districts. subject to the conditions listed in subsection c below. b. Grand openings may be permitted in "GO," "A-1," "A-2," "A-3," "AM," "CA," "C-2A;' "C-2," "C-3," "IHC," "IHL" "C-4." "M-1." and "M-2" zoning districts. subject to the conditions listed in subsection c below. c. Promotional sales activities and grand openings must comply \vith the applicable following conditions: 1. Whenever promotional sales activities or grand openings are conducted. adequate provisions must be made for safety and parking. 2. If a tent is used. it must be inspected and approved by the City of Lubbock Fire Marshal and/or Building Official and construction permits and inspections shall be obtained from the City of Lubbock Building Official. 3. Ir lighting or clcctricnl outlets nre used in conjunction with promotional sale activities or grand openings, electrical permits and inspections shall be obtained from the building inspection department of the City of Lubbock. 4. Promotional sales activities and grand opening activities shall not obstruct designated fire lanes. 5. No portable signs shall be permitted in conjunction ,-vith promotional sales activities or grand openings except that the following will be allowed: (i) Banners flat against the wall of the tents. trucks. or building; (ii) Pennants secured in a safe manner and not within the visibility triangle as defined in this Code: (iii) Cold air inflatable and "heavy duty" helium filled balloons (no latex balloons) used in a mann~r that does not affect public safety. Cold air inflatable balloons and helium filled balloons cannot fly at a height greater than the distance from its anchor point to any property line or easement. nor be placed within the visibility triangle as defined in this Code. 6. Permits issued to each applicant shall be limited as follows: (i) Promotional sales activities permits shall be limited to eighteen (18) days total within a minimum of two (2) days per event during a twelve-month period. (ii) Grand opening permits shall be limited to a maximum sixteen (16) <lays for a single ewnt during the tenure of each business. {iii) The application for promotional sales permit must be made by the property owner or by a shopping center merchant's association representing an entire shopping center development. Individual retail merchants in shopping centers may not obtain permits for promotional sales activities, without the consent of all other tenants in the shopping center development. (iv) Shopping centers or continuous development centers shall be treated as a single business and shall be allowed a maximum of eighteen ( 18) <lays total for promotional sales activities per year. In no case will the promotional sales activity permit be issued to an individual retail merchant within n shopping center. (v) A nonrefundable application fee of one hundred twenty-five dollars ($125.00) must be paid to the City of Lubbock nt the time the application for promotional sales activities permit is made. (vi) No fee is required with application for grand opening activities permit. 7. Any proposed food sale or giveaway in COI\iunction with a promotional sales activity or a grand opening shall require permits from the City of Lubbock Health Department. 8. The Codes Administration Department may deny any application for permit that fails to satisfy the applicable conJitions, or may revoke any permit which has been issued if it is later found that the applicable conditions cannot be met. 9. The codes administration department may revoke any permit. if it is later discovered that the promotional sales activity or grand opening activity is a public nuisance or is detrimental to the health, safety. or welfare of the citizens of Lubbock. SECTION 3. THAT should any paragraph. sentence. clause. phrase or word of this Ordinance be declared unconstitutional or invalid for any reason. the re mainder or this Ordinance shall not be affected thereby. SECTION 4. TI IAT 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. ATTEST: Rili A A G, ~ 1[ Rebecca Garza. City Secretaryo Sr. Planner APPROVED AS TO FORM: LC(.IMh:.):cp l"ityatt/l.indafknts.ord & ccdncs r-.·larch I 4. 200 I . 2001.