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Home My WebLink AboutOrdinance - 9705-1994 - Amending Section 29-3 Defining Seasonal Banner For Promotional Sales Activities - 04/28/1994II I' II First Reading Item #26 April 28, 1994 Second Reading Item /FlO May 19, 1994 ORDINANCE NO. 9705 AN ORDINANCE AMENDING CHAPTER 29 OF TilE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING", BY AMENDING SECTION 29-3 BY ADDING A DEFINITION FOR uSEASONAL BANNER" AND FOR "PROMOTIONAL SALES ACTIVITIES"; BY AMENDING SECTION 29-9(n)(l) AND SECTION 29-IO(n)(l) EACH ENTITLED "ALLEY SCREENING" TO CLARIFY FENCING REQUIREMENTS; BY ADDING A NEW SECTION 29-21(c)(l) AND AMENDING SECTION 29-21(d) ENTITLED "PERMITTED USES" TO ADD USES PERMITTED IN TilE IHC DISTRICT; BY AMENDING SECTION 29-23.3(eX1) TO REQUIRE A MINIMUM TEN FOOT FRONT YARD SET BACK IN "IHI" ZONING DISTRICTS; BY AMENDING SECTION 29-23.3(o)(2) ENTITLED "BUILDING MATERIALS AND CONSTRUCTION' TO ALLOW METAL BUILDINGS IN "IHI" ZONING DISTRICTS; BY ADDING SECTION 29-26(i)(9) ENTITLED "SEASONAL BANNERS"; BY AMENDING SECTION 29-28(t)(2)j ENTITLED "OUTSIDE SALES ACTIVITIES" TO DISTINGUISH BETWEEN PROMOTIONAL SALES ACTMTIES AND GRAND OPENING ACTMTIES, CLARIFY LIMITATIONS ON SIGNS AND BANNERS, AND TO CHANGE TIME LIMITS ON PROMOTIONAL SALES ACTMTIES AND BY AMENDING SECTION 29-28(t)(2)o TO ADD A CONDMONAL USE FOR VARIATIONS FROM TilE SEASONAL BANNER STANDARDS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly pre- sented 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 ofLubbock, 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 (IS) 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 Ordinance 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 the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a Section to be numbered 29-3(11b), which Section shall read as follows: "(lib) Seasonal Banner: A banner complying with Section 29-26(i)(9)." SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a Section to be numbered 29-3(92a), which Section shall read as follows: "(92a) Promotional Sales Activities: Outside sales activities in compliance with Section 29-28(f)(2)j." SECTION 3. THAT Section 29-9(n)(1) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "(1) Whenever the side or rear property line of any development in an "N' zoned district is adjacent to any "R" zoned district, even if separated by an alley, a six-foot solid screening fence of wood or masonry construction shall be installed and permanently maintained on the development lot; except that, when in the opinion of the Planning Commission, all or portions of such fence do not serve the public interest, this provision shall not apply. A solid wall of a building, when permitted to be located on the property line, shall constitute adequate screening." SECTION 4. THAT Section 29-10(n){1) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "(1) Whenever the side or rear property line of any development in an "A" zoned district is adjacent to any "R" zoned district, even if separated by an alley, a six-foot solid screening fence of wood or masonry construction shall be installed and permanently maintained on the development lot; except that, when in the opinion of the Planning Commission, all or portions of such fence do not serve the public interest, this provision shall not apply. A solid wall of a building, when permitted to be located on the property line, shall constitute adequate screening." SECTION 5. THAT the Code of Ordinances, City ofLubbock, Texas, is hereby renum- bered as follows: Section 29-2l(c)(1) shall become Section 29-2l{c)(1a). SECTION 6. THAT a new Section 29-21(c){l) is hereby added to the Code of Ordi- nances, City ofLubbock, to read as follows: "(1) Any use unconditionally permitted in the "lliC" (Interstate Commercial) zoning district." - 2 - I I SECTION 7. TIIAT Section 29-21(d)(1) of the Code of Ordinances, City ofLubbock be amended to read as follows: "(1) All uses listed in Section 29-21(c)." SECTIONS. mAT Section 29-23.3(e)(1) ofthe Code of Ordinances, City ofLubbock be amended to read as follows: "(1) Front yard. The minimum front yard shall be ten (10) feet, or no less than the average setbacks established by the development on the adjacent lot or lots. I The setback on vacant adjacent lots shall be ten (10) feet. This section shall not be I construed to pennit obstructions of any nature on comer lots within the visibility triangle as defined in section 29-30(b)(6)i.2." I SECTION 9. TIIAT Section 29-23.3(o)(2)a of the Code of Ordinances, City ofLubbock . be amended to read as follows: I "a. Each wall or facade of a new or renovated building, or new or renovated portions ofbuildings, intended as office or public reception areas which is adjacent to a street in the "IHr' zoning district shall have an exterior composition or facade of not less than seventy-five percent (75%) masonry (such as brick, stone, stucco, exposed aggregate, finished concrete) or decorative material (such as copper, bronze, anodized aluminum, stainless steel, porcelain ename~ natural materials or other similar materials that do not require painting). Any wall or facade or portion of a wall or facade of such new or renovated building not enclosing office or public reception areas may use factory manufactured metal wall panels with hidden fasteners (no through wall fasteners)." SECTION 10. THAT Section 29-26(cX4) of the Code of Ordinances, City of Lubbock, be amended to read as follows: "( 4) Banners, pennants, searchlights, twirling signs, sandwich or "A" frame signs, sidewalk or curb signs, balloons or other gas filled objects. (Except as pennitted in Section 29-26 and Section 29-28. Pennits for grand openings and promotional sales activities shall be obtained from the Codes Administrator or the Zoning Board of Adjustment.)" lj' SECTION 11. THAT the Code of Ordinances, City of Lubbock be amended by adding a Section, to be numbered 29-26(iX9), which Section shall read as follows: "(9) Seasonal bannen. Seasonal banners (as distinguished from those banners described at Section 29-28(f)(2)j) shall comply with the following: -3- I I l a. Frames for banners must be attached to a permanently affixed parking lot light standard. The lighting function of the pole shall be operational. b. The leading edge of any banner shall be no closer than ten (1 0) feet from the adjacent property line. c. Frames may project no more than three and one-half (3.5) feet horizontally from the light standard. All banners shall be stretched taut supported by a ridged frame affixed to a light standard, no ropes or cables shall extend between the light standards and/or any adjacent structure. d. Maximum panel size should not exceed three (3) feet x nine (9) feet. e. Maximum number of panels per permanently affixed operat- ing parking lot light standards should not exceed two (2). f. Each panel shall maintain a twelve (12) foot minimum clear- ance from the ground to the bottom of the panel. g. Content of the panels shall be limited to generic seasonal information and primary identification of a shopping center. No individual tenant, business or product identification shall be permitted. h. Panels must be made of a weather/wind resistant material. i. Panels and supports that are not maintained in good condi- tion shall be deemed a public nuisance. j. Any variation from these standards shall be a conditional use in Garden Office and all commercial and industrial dis- tricts." SECTION 12. THAT Section 29-28(f)(2)j. of the Code of Ordinances, City of Lubbock be amended to read as follows: - 4 - "j. Promotional sales and grand opening activities. Subject to the conditions set out below, Promotional sales activities (including "tents,'' "tent sales," "truckload sales," "sidewalk sales," and "sales of merchandise outside any structure,") may be permitted in the "CA," "C-2A," "C-2," "C-3," "IHC," "llfl," "C-4," "M-1," and "M-2" zoning districts, and grand openings may be pennitted in "GO " "A-1 " "A-2 " "A-3 " "A ... I , "CA," "C-2A," "C-2 " "C-3 " "IHC " "llfl," t ' J t CUY£, ' , ' "C-4," "M-1," and ''M-2" zoning districts: 1. Whenever promotional sales activities or grand openings are con- ducted, 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 Marshall or Building Official and construction permits and inspections shall be obtained from the City of Lubbock Building Official. Tents larger than thirty (30) by sixty (60) feet require Zoning Board of Adjustment approval. 3. If lighting or electrical outlets are used in conjunction with promo- tional 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 Janes. 5. No portable signs shall be permitted in conjunction with promo- tional 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; (ill) Cold air inflatable and "heavy duty'' helium filled balloons (no latex balloons) used in a manner that does not affect public safety. Cold air inflatable balloons and helium filled balloons can not 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. -5- 6. Permits issued to each applicant shall be limited as follows: (i) Promotional sales activities permits shall be limited to eighteen (18) days total with a minimum of two (2) days per event during a twelve (12) month period. (ii) Grand opening permits shall be limited to a maxi- mum sixteen (16) days for a single event during the tenure of each business. 7. Permits may be issued administratively by the Codes Administration Department of the City of Lubbock, without Zoning Board of Adjustment approval, subject to the following conditions: (i) The promotional sales activity or grand opening complies with applicable portions of subsection j.l through 6 above. (ii) The application for promotional sales permit must be made by the property owner or by a shopping center merchant's association representing an entire shop- ping 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. (tii) Shopping centers or continuous development cen- ters shall be treated as a single business and shall be allowed a maximum of eighteen (18) days total for promotional sales activities per year. In no case will the promotional sales activity permit be issued to an individual retail merchant within a shopping center. (iv) A non refundable application fee of One Hundred Twenty-Five and No/100 Dollars ($125.00) must be paid to the City of Lubbock at the time the applica- tion for promotional sales activities permit is made. (v) No fee is required with application for grand open- ing activities permit. - 6 - (vi) Tents may be permitted in conjunction with promo- tional sales activities only. (vii) Tents thirty (30) feet by sixty (60) feet or smaller may be permitted by the Codes Administration Department. 8. Zoning board of adjustment approval will be necessary for all tents larger than thirty (30) feet by sixty (60) feet in size. 9. Any proposed food sale or giveaway in conjunction with a promo- tional sales activity or a grand opening shall require permits from the City ofLubbock Health Department. 10. The Codes Administration Department or the Zoning Board of Adjustment may deny any application for permit that fails to satisfy the applicable conditions, or may revoke any permit which has been issued if it is later found that the applicable conditions cannot be met. 11. 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 ofLubbock. SECTION 13. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a Section to be numbered 29-28(f)(2)o, which Section shall read as follows: "o. Grant conditional use permits allowing variation from the Seasonal Banner standards in Section 29-26(iX9) for Garden Office and all commercial and industrial districts." SECTION 14. THAT violation of any provisions 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 ofLubbock. SECTION IS. 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. -7- 1 SECTION 16. 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 the City Council on first reading t · Passed by the City Council on second readin this -----":~- APPROVED AS TO FORM: ~c.-.-<-c=YC~~--~ Linda L. Cfuiiiiales, Assistant City Attorney U.C~s!AMDCHP29.0RD ccdocsl Aprill9, 1994 -8- ;.--=~=---:::::::----..:::::' 1994. ~;.....;;;;;~..::;;,_--.J} 1994. CONTROL GROUP JUN 2 3 1~4\1 11 THE STATE OF TEXAS lJ\ \.f couNTY~l{~s~ Af'~I nEPT.· Before me-40-tb.t: .! :'otary Public in and fo!Cu~k Courttf, Texas on this day personally appeare--=s.. A1A£i ll , ~:hb~c of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that aid newsp r h s been published continuously for more than fifty-two weeks pri· or to the first insertion of this ....... '-"':'"t'""-'---_.....~~~t-=e.":--:-r-------------------------r-----.---,~~--No. LN!f -1!£ L at Lubbock County, Texas and the attached print· ed copy of the I .e~l f'\5 otic e. is a true co!y· of the original and was printed in the Lubbock Avalanche-Journal on the following dates =-Mf-X->"""a .... '-(.,_.Q;z .... t-+, .... t_.q_.~:....Ll,__ _____________ _ s j t LA».. .. ~s ... _ :?J q 65 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation NOTARY PUBLIC in and "ltrihestateonexas My Commission Expires .................. ___ _ Subscribed and sworn to before me this __ .....;qt,__ __ ,day of. :::ru. 11 e 19_9-&..-.;..L/ __ FOR)I ;)8-10 ~~J .. ' ~My Commr&!"'" bprres 6·30·96 ~~~~~~~~~ If LUBBOCKAVALANCHE~OURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi~s ---=/p:.-----~day or,_ _]).....:;....:ee,~oo...erv\=__,'-'b=-"e"'",.. __ l9 qd FOR:\153-11