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HomeMy WebLinkAboutOrdinance - 10175-1999 - Amending Chapter 29 Reguard To Zoning Board Of Adjustment Carnivals - 06/24/1999First :Reading June 24, 1999 Item Ro. 55 II Second Reading Aug. 12. 1999 Item Ro. 65 ORDINANCE NO. 10175 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITIING TilE ZONING BOARD OF ADJUSTMENT TO GRANT SPECIAL EXCEPTIONS FOR CARNIVALS; 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 found that due to changed conditions, it would be expedient and in the interest of the public health, safety 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, including giving notices in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas, and 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 and the Zoning Map 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 TilE CITY COUNCIL OF TilE CITY OF LUBBOCK: SECTION 1. THAT Section 29-28(f)(2)m of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: m. Permit carnivals in all zoning districts subject to the following conditions: 1. That all necessary permits be procured and all requirements and conditions of Chapter 3 of this Code of Ordinances be met. 2. That all owners of real property lying within four hundred ( 400) feet of the purposed property on which the special exception to permit a carnival is sought shall be given notice of the hearing of the zoning board of adjustment. Notices shall be given in accordance with Section 29-28( c )(3), except as changed herein. 3. That the potential impact of the proposed carnival on parking and the adjacent property owners shall be assessed by the zoning board of adjustment. SECTION 2. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 24t:h Passed by the City Council on second reading this 12t:h APPROVED AS TO FORM: AS CCDOCSf.Zone-Camival.Ord July 2, 1999 dayof June ' 1999. -~---,<ii,___, 1999.