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Home My WebLink AboutOrdinance - 9488-1991 - Amending Chapter 29 Code Of Ordinaces Amending Section 29-16(C)(37) - 10/22/1991LLC:js First Reading October 22, 1991 Item 117 Second Reading November 14, 1991 Item #9 ORDINANCE NO. 9488 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-16(c)(37) TO PERMIT RESTAURANTS WITH ACCESSORY PASSOUT WINDOWS AND OUTSIDE DINING AREAS IN C-2A ZONES; BY AMENDING SECTION 29-3 BY ADDING SECTIONS 29-3(97.1.1) AND 29-3 (97.1.2) DEFINING RESTAURANTS WITH ACCESSORY PASSOUT WINDOWS AND OUTSIDE DIN- ING AREAS; AND BY AMENDING SECTIONS 29-16(1)(1)k AND 29-16(1)(1)1 REGARDING OFF STREET PARKING FOR OUTSIDE DINING AREAS OF LESS THAN TWO HUNDRED FIFTY (250) SQUARE FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVID- ING 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 pro- posed 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 giv-ing 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 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 29-16(c)(37) of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 29-16(c)(37). Restaurants --When designed for service and consumption of food inside the building except that accessory passout windows and out- side dining areas/patios shall be permitted as defined in 29-3(97.1.1) and 29-3(97.1.2). SECTION 2. THAT Section 29-16(1)(1)k of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 29-16(1)(1)t. Restaurants --One space for each one hundred (100) square feet of gross floor area [except that any outside dining areas/patios with fewer than two hundred fifty (250) square feet shall not be in- cluded in the gross square footage. Any outside dining areas/patios larger than two hundred fifty (250) square feet shall have the entire area included in the gross square footage]. SECTION 3. THAT Section 29-16(1)(1)1 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 29-16(1)(1)1. Restaurants serving mixed alcoholic beverages --One space for each seventy-five (75) square feet of gross floor area [except that any outside dining areas/patios with fewer than two hundred fifty (250) square feet shall not be included in the gross square footage. Any outside dining areas/patios larger than two hundred fifty (250) square feet shall have the entire area included in the gross square footage]. SECTION 4. THAT the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding Sections to be numbered 29-3(97.1.1) and 29-3 (97.1.2), which said Sections shall read respectively as follows: Sec. 29-3(97.1.1). Restaurant with accessory passout windows: A restaurant may have, as an incidental use, accessory passout windows for delivery of food to be consumed off-premises (not on property occupied by the restaurant). - 2 - Sec. 29-3(97.1.2). Restaurants with outside dining areas/patios: A restaurant may have, as an incidental use, outside dining areas/patios subject to the following guidelines: a. The outside dining areas/patios shall be completely sur- rounded by an architecturally compatible fence (three (3) foot minimum height) designed suitably to prevent trash from being blown onto adjacent areas. b. The outside dining areas/patios shaH be accessed by a door or doors from the restaurant only. No open access shall be permitted from outside through the fence (emergency exits with approved panic hardware shall not be considered open access). c. Any amplified sound shall comply with 29-16(b)(4) and shall be limited to background music. No public address system that announces orders or calls to patrons shall be allowed. d. The outside dining areas/patios will be allowed within the commercial required setback but shall be a minimum of twenty-five (25) feet from any front property line. e. Alcoholic beverage sales as an incidental use may be permit- ted as defined in 29-3(97.2). Any containment of outside dining areas required by State law or regulation shall be applicable. SECTION 5. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed One Thousand and No/100 Dollars ($1,000.00) as provided in Section 29-3l(a) of the Zoning Ordi- nance of the City of Lubbock. SECTION 6. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. - 3 - SECTION 7. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 22nd day of October 1991. Passed by City Council on second reading this 14th day of November 1991. 18~ McMINN~OR APPROVED AS TO CONTENT: H.~~~~~ of Planning APPROVED AS TO FORM: _........_ ._---L_ ~-~~~~ [;naa [. Charnales, Assistant City 1 Attorney I - 4 - I '\ \ I 1 I ! R-.1021 :.:--------1, •....;:;..;:...;:....;;...;;;;;.;;;..__ __ ..aat Lubbock County, Texas and the attached print· ------:r-a--'--u..u...L..I....~.....~:------.G> a true copy of the original and was printed in the Lubbock edeopyofth Nev •• u, 23, :1991 Avruancbe-~~~~~~~~-------------------------------------------------4o/ \ .•. ~, .. ·.a.n ORDINANCE AMENb- .. mCtiAPTER 29 OF THI! COOE OROINAN .. CES OF THE CITY . P•L.USIIOC:K, TEXA$ BNTI· 'ft.EO "ZONING", BY AIIIIE,ND-tNG Sj;<;TION 29·16!cH37l TO Pll!RMIT RESTAURANTS WITH ACCESSORY PASSOUT WIN- DOWS A.ND OUTSIDE DINING ARE!AS• IN C-2A ZONES1 BY AMENDING SECTION 2t-3 BY · f,;, NO. SeCTIONS :19-3(97.1.1) . 2Uit7.1.2l OEPINING RES· NTS WITH ACCeSSORY T WINDOWS AND ()UT-INING AREASi AND IIY DiNG SECTIONS AND 2t:16(1l!lll RE· .,. st'll!!ln' PARK· ~TS.)DI! DINING , I.US. TtiAN TWO J:fr N.GS J...lt!!f.9~ AL· 2§ ORDI'NANCE NO. 9.U ,,. : AN ORDINANCE .AMEND· ' G CI-!APTER 4 OF THE! CODE 1::: ORDIN ... NCES OF THE CITY tF L.UB80CK, TEXAS. WITH RE· fAI\D T. 0 REGULATING THE ~t:aEJ'IiiG 01"' A'fWtW.SWI'I'tU8 JKE (IT"f 01' t.»BBOOI.l PRO. lflOING A PENAl. TV; PR~:fti lNG A SAVINGS C1.AUSE8\.• ~~ pR'Q'VI01N'G FOR PU tlt)ff. ' •·1021 THE STATE OF TEXAS COUNTY OF LUBBOCK R .... J.021 Before me TonY a 1:1 en r Y a Notary Public in and for Lubbock County, Texas on this day personally appeared T. 1 • A •1 f 1 I I , A c co '' n t M l! n a e e r 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 said newspaper has been published continuously for more than fifty-two weeks pri- or to the rll'st insertion of this _.LI .._e :.E!.::.a..:..l -..:..:n'ii:o:-:::t--:i"::C:-:i:~~· ,....-------------------'--------------·nO. 800726 at Lubbock County, Texas and the attached print- ed copy of the 1 e e a 1 nat ; c e is a true copy of the original and was 'printed in the Lubbock Avalanche-Journal on the following dates:---NNree~yc,,--::t:11:'l6H. '"'"" ..... 2!-::3,._,,...· ""'::1:b"9't-'9'*"1=-------------- 451 wa 1.06 = 478.06 LUBBOCKAVALANCHE~OURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi~s ----22~5,..._---UCI