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HomeMy WebLinkAboutOrdinance - 9537-1992 - Amending Chapter 29 Amending Section 29-24 Delete Subsection 29-24(26) - 06/25/1992First Reading June 25, 1992 Item #21 Second Reading July 9, 1992 Item #17 ORDINANCE NO. 9537 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ZONING BY AMENDING SECTION 29-24 TD DELETE SUBSECTION 29-24(26), SECTION 29-24(27) TD ADD SEXUALLY ORIENTm BUSINESSES, SECTION 29-3 TO INCLUDE VARIOUS DEFINITIONS PERTAINING TO SEXUALLY ORIENTm BUSINESSES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FDR PUBLICATION. WHEREAS, the proposed amendments to the Zoning Ordinance as are 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 it would be expedient and in the interest of the public health, safety and general welfare to so amend the said Zoning Ordinance; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance have been fully complied with, as well as giving notice in compliance with Section 29-29 of the Code of Ordinances of the City of Lubbock, Texas, as well as notices provided for by the Local Government Code, Section 211.007, 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, it would be in the public interest that the Zoning Ordinance 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 Section 29-24 of the Code of Ordinances, City of Lubbock, Texas, be amended by deleting therefrom and reserving subsection 29-24(c)(26). SECTION 2. THAT Subsection 29-24(c)(27) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "(27) Sexua11y oriented business. In any C3, C4, IHC, IHI, IDP, Ml and M2 zone subject to consideration of the following: a. Consideration of testimony that the proposed use will not be injurious or otherwise detrimental to the public health, safety, morals and general welfare of the general public. b. Consideration of testimony that approval of the proposal will not be injurious to the property or improvements in the vicinity adjacent to the proposed use. c. Consideration of a request shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working adjacent to the proposed use and the impact of the proposed use on traffic in the vicinity. d. Written notices of public hearings under this section shall be given as required by Section 29-29 of the Code of Ordinances and 1n addition thereto written notification shall be given in the same manner to all owners of real property lying between two hundred (200) feet and one thousand (1,000) feet of the property. SECTION 3. THAT Section 29-3 of the Code of Ordinances, City of Lubbock, Texas, be amended by adding new definitions, to be numbered as required for alphabetical insertion, which said definitions shall read as follows: Specified Sexua1 Activities: (1) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; (2) Ultimate sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy; (3) Masturbation; and (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. Specified Anatomica1 Areas: (1) Less than completely and opaquely covered: a. human genitals, pubic region b. buttock c. female breast below a point immediately above the top of the areola; and (2) human genitals in a discernibly erect state, even if completely and opaquely covered. - 2 - Nude: Nude, Nudity or State of Nudity means the appearance of a bare human buttock, anus, male genitals, female genitals or female breast. Semi-Nude: Semi-nude means a state of dress in which clothing covers only the genitals, anus, and pubic region. Sexually Oriented Business: Sexually oriented business means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer, being further defined as follows: (1) Sexually Oriented Cabaret: An establishment whose business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished or characterized by an emphasis on matter depictjnq. describing or relating to specified sexual activities, or specified anatomical areas. No customer shall appear nude during any activity within this establishment. Employees may appear semi-nude. Specified sexual activities shall not be permitted in any sexually oriented cabaret. (2) Sexually Oriented Modeling Studio: An establishment whose business is the providing to customers, figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and to display specified anatomical areas while being observed, painted, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. Specified sexual activities shall not be permitted in any sexually oriented modeling studio. - 3 - (3) Sexually Oriented Bookstore/Film/Video Store: a. An establishment having more than 10% of its displayed stock in trade books, films, videos, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activity11 or "specified anatomical areas", and b. Any person is excluded by virtue of age from the part of the premises generally held open to the public where products or equipment distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". c. Specified sexual activities shall not be permitted in any sexually oriented bookstore/film/video store. (4) Sexually Oriented Viewing Booths/Arcades: An establishment or commercial enterprise which has within its structure any coin-operated or slug-operated or electrical or mechanical device, which projects or displays any film, videotape or reproduction into a viewing area or other enclosure which is designed for occupancy by no more than five persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by five (5) or fewer persons. Specified sexual activities shall not be permitted in any sexually oriented viewing booths/arcades. (5) Sexually Oriented Notion Picture Theatre: An establishment or commercial enterprise which is conducted within an enclosed building with a capacity of more than five (5) persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to "specified anatomical areas" or "specified sexual activities" for observation by patrons. Specified sexual activities shall not be permitted in any sexually oriented motion picture theatre. - 4 - (6) Sexually Oriented Lounge: A "sexually oriented cabaret" as defined above which allows the consumption of alcoholic beverages on the premises. Specified sexual activities shall not be permitted in any sexually oriented lounge. (7) Sexually Oriented Retail Store: This is a retail establishment in which: a. An establishment having more than 10% of its displayed stock in trade books, films, magazines, periodicals, instruments, devices, paraphernalia, or any other products which are distinguished or characterized by an emphasis on depicting or describing or use in "specified sexual activity" or "specified anatomical areas", and b. Any person is excluded by virtue of age from the part of the premises generally held open to the public where products or equipment distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas•. c. Specified sexual activities shall not be permitted in any sexually oriented retail store. (8) Sexually Oriented Hotel: Adult Motel means a hotel, motel or similar commercial establishment which: a. offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or b. offers a sleeping room for rent on an hourly basis; or c. allows a tenant or occupant of a sleeping room to subrent the room on an hourly basis. - 5 - (9) Sexually Oriented Escort Agency: Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. For purposes of this definition an escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (10) Sexually Oriented Encounter Center: Sexually oriented encounter center means a business or commercial enterprise that offers for any form of consideration: a. physical contact in the form of wrestling or tumbling between persons of the opposite sex; or b. physical activities between male and female person and persons of the same sex when one or more of the persons are in a state of nudity. SECTION 4. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 5. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. - 6 - AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of --------June , 1992. Passed by the City Council July , 1992 APPROVED AS TO FORM: DGV:da/AGENDA-D3/ZONSOB.ord July 10, 1992 - 7 - > ..... " ......... _.,;,. .'I, ,Od• ANO TtiE OFFICIAL MAP OF THE CITY OF LU880CI( . MAKING THE FOLLOWING !$ANGE$: ZONE CASE NO. 1501• A ZONING CHANGE FROM C-3 . IHC ZONING ON THE WEST PEET 01' LOT 36J, ALL OF LOTS """368. ANO THE EAST 2ll irEET OP LOT '69, IENHALL . ·, IMNOR ADOITION, PROVIDING '; ',OR PUBLICATION. · = : ORDINANCE NO. '534 " • AN ORDINANCE AMEND• ! !!'.~ ZONING ORDINANCE NO. ,.,... AND THE OFFICIAL MAP • OF THE CITY OF LUIIOCIC -~KING THI!' POLI.OWING • NGES: ZONE CASE NO, Ma71 1 ZONING CHANGE PROM T TO " IHI ·ZONING ON LOT 2J, 12ND 1 ACRES ADDITION, LUBBOCK, ~ TEXAS1 PROVIDING A PENAL• ,cTVi PROVIDING A SAVINGS • G.Ause Alfo PROVIDING POR PUBLICATION. . t ; ORDINANCE NO. "35 .... "" • AN 011.0INANCE AMEND-• " ING ZONING ORDINANCE NO. '! IU4 ANO THE OFFICIAL MAP . ,,::;r.,•,,,cJi~ 'lfot~l:?~: "' C>fANG6SrZONe CASE No. 2'111 "A ZONING CHANGE FROM C-3 ; l'O C• SPECIFIC USE FOR A 100 • flOOT TALL TOWEii WITH NO • GUV WfltES 'ANO AN EQUIP• ~MENT SHELTER ON A TRACT , -. OUT CF SECTION 17, 8LCCIC 8, • UIBBCCIC, TEXAS; PROVIDING . tit. PENALTY; PII.OVIOING A • . ..., ·SAVINGS CLAUSE ANO PROVIC- H ING POii PUBLICATION. • ;; ' ;. • CHU:IINANCE NO. UM I Li ' AN ORDINANCE AMEND, . •••NG CHAPTER 29 OF THE Lua. -;.aoc1e CITY cooe IY ADDING , 8ARll!R AND BEAUTY SUP- .: PI-IES AS A PERMITTED USE IN ;e,z LOCAL RETAIL DISTRICTS; ,.. .. ROVIDING A PEN.Al.TY; PRO-. .tYIOING A SAVINGS CLAUSE ~ AND flROVIDING FOR PUBLICA• u'J'ION. ~,.' . •• > · ORDINANCE NO. f.5&1 .,, • ., I, . ., . • AN OROINANC:1!' AMENO- ~JNG SECTION ,._177 OF THI! •CODE OF 011.DINANCES OF THE "'Cr?v OF LUBIOC:IC 10 AS TO -'IU;DUCt: THE PllllMA FACIE • tPEll:D LIMIT FOR Vl:HIC:Lt:S DRIVEN IN PUBLIC ALLEYS IN "THE CITY FIi.OM PIFTl:EN (15) : MIU!S Pl:R HOUR TO FIVE Cl) -MILES PER HOUII.; PRESCRII• ,ING A PENALTY: PROVIDING ; FOR .. UBLICATION; ANO EF, ..,j.f"ECTIVE DATE OF THIS ORDI• •";:'IN!=E. . , •: Olt~_INAHC:E NO, fS37 / •' AN ORDINANCE AMEND-•• IHG·C~ER 29 OF THE CODE .;. OF ORblNANCES OF THE CITY · 1:· OF LUBBOCK, TEXAS, WITH RE-"GARO TO ZONING IV-AMEND-'ING SECTION 2'-2' TO DELETE "SUBSECTION 29-14(26), SECTION .: 1'a~~~~J0.~f.t1A'i~t;~ TION 2t-3 TO INCLUDE VARIOUS ·· :::i"llto:i:rE":~~,t".tif ·Nl!SSES; PROVIDING A PENAL-• T.Vi PROVIDING A SAVINGS ca.AU5E;•AND PROVIDING FOR '°VILICA TION. ,., ·.· • • OR.DINANCe NO, ffll i. 2_,AN ORDINANCE AMEND-• lfol<J AIITIQ.E. tX OF C>fAPTER • I.C OF THE CODE OF ORDl- -.,;,.iCES OF THE CITY OF W8-i aoc:1e, TEXAS, WITH REGARD _ TOSEXUALL Y ORIENTED BUSI· Nl!SS WITHIN THE CITY; SET-TING ll'ORTN DEFINITIONS; · 'SETTING FORTH EXCEPTIONS; t; .. aov11::i1NG FOIi. PERMITS AND ;.PERMlT APPLICATIONS: PRO. ;.,,VIDING FOR APPEALS; PRO• .,. YfDING fl'OR ADDITIONAL REG-•• IILATIONS; PII.OVIOING POii RECORDS TO BE KEPT; l!:STAB· ·t LISHINGAGE REQUIREMENTS: .. ROVIDING FOR NOTICE; AU- lHORIZING CIVIL SUITS TO IE ··Ut.1!:0; REPEAUNG SECTION .,... 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