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Home My WebLink AboutOrdinance - 8817-1985 - Amending Ch. 29 Of The Code Of Ordinances, Entitled "Zoning" - 08/22/1985LJM:js I First Reading August 22, 1985 Agenda Item #20 Second Rea~ing September 112, 1985 Agenda Item #16 ORDINANCE NO. I 8817 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING", BY RENUMBERING SECTION 29-3(27a); AND BY ADDING TO SECTION 29-3 A DEFINITION FOR "CONSIGNMENT CLOTHING STORE"; AND BY RENUMBERING SECTIONS 29-16(d)(1-3), 29-17(d)(1-5) AND 29-18(d)(1-5); AND BY ADDING TO SECTIONS 29-16(d), 29-17(d) and 29-18(d) A PROVISION THAT A CONSIGNMENT CLOTHING STORE BE A CONDITIONAL USE IN THE "C-2A", "C-2" AND "C-3" ZONING DISTRICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made nave 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 due to changed conditions, it would be expedient and in the interest of the public health, morals, and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amend- ment to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 26 of Ordinance No. 7084, as well as notices provided by Article 1011f, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning 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 duly held in the City Council Room on the second floor of the 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 would be in the public interest, due to changed conditions, that the Zoning Ordinance arid 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 the Code of Ordinances, City of Lubbock, T~xas, is hereby renumbered as follows: Section 29-3 (27a) shall become 29-3 (27b) SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texss, is hereby amended by adding a Section to be numbered 29-3 (27a), which said Section reads as follows: "(27a) Consignment Clothing Store: A clothing store offering for sale to the general public, used clothing, said merchandise,being consigned to the owner or operator of said store for sale to the general public, including accessory items customarily offered for sale in such premises." .. SECTION 3. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby renumbered as follows: Sec. 29-16(d)(1) shall become 29-16(d)(2) Sec. 29-16(d)(2) shall become 29-16(d)(3) Sec. 29-16(d)(3) shall become 29-16(d)(4) SECTION 4. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a subsection, to be numbered 29-16(d)( 1 ), which said subsection reads as follows: "(1) Consignment clothing store. (No outside storage or display)" SECTION 5. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby renumbered as follows: Sec. 29-17(d)(1) shall become 29-17(d)(2) Sec. 29-17(d)(5) shall become 29-17(d)(3) Sec. 29-17(d)(1a) shall become 29-17(d)(4) Sec. 29-17(d)(2) shall become 29-17(d)(5) Sec. 29-17(d)(3) shall become 29-17(d)(6) Sec. 29-17(d)(4) shall become 29-17(d){7) SECTION 6. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a subsection, to be numbered 29-17(d){1), which said subsection reads as follows: "(1) Consignment clothing store. {No outside storage or display)" SECTION 7. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby renumbered as follows: Sec. 29-18{d){1) shall become 29-18(d)(2) Sec. 29-18(d)(5) shall become 29-18(d)(3) Sec. 29-18(d)(1a) shall become 29-18(d)(4) Sec. 29-18(d)(2) shall become 29-18(d)(5) Sec. 29-18(d)(3) shall become 29-18(d)(6) Sec. 29-18(d)(4) shall become 29-18(d)(7) SECTION B. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a subsection, to be numbered 29-18(d)(1), which said subsection reads as follows: "(1) Consignment clothing store. (No outside storage or display)" SECTION 9. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-4 of the City Code. - 2 - SECTION 10. 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. SECTION 11. 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 City Council on first reading this 22nd day of ~A~u~g~u~s~t ____ _ 1985. I Passed by City Council on second reading this 12th __ s_e_p_t_em_b_e_r ____ , 1985. AL ATTEST: APPROVED AS TO FORM: Attorney -3 - THE STATE OF TEXAS COUNTY OF LUBBOCK M-2320-R12 Before me D a roth Y R Us & e I I a Notary Public in and for Lubbock County. Texas on this day personally appeared Twila Aufill' Account Manal!er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning, Evening 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 prior to the first insertion of this Lel!a I Notice --------,,...---~-::-:--:--:----No. 683068 at Lubbock County. Texas and the attached print- ed copy of the Lei! a I Not ice is a true copy of the original and was printed in the Lubbock Avalanche-Journalonthefollowingdate~: $Stpt.lmber 14• 21t 1985 531 ward& @ 76t per wora = 403 J6 Account LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this ..2.3__ day o~e P t ember .19~ FORMM-10 ~ .,....,..UtfiAI'ICE fil0,18l5 . ,a.i.l ORDINANCE AMENOINO ZONING OROIMANCE NO. M4 AND :1:1115· OffPIC.I~'f-:0 <: TME CITY OF I.U8 , , "WING TO MAKE.· ·THIO PQ.....,.. (HANG£5: ZONE CASE fiiO, 1615- G CHANGE SECTION U, BLOCK e:s. CIT .. "'F LUBBOCK. t.U&-BOCK (tl!JNT'f, .T£XA5, TO AMEND l'I!E. SITE PLAN; SU&-JECT TQ~foiDITIONS; PROVID-ING FOR A·PENAI..TY AS PRO. VIDEO FOR IN Si;CTI~ 14 OF THI; CITY C:OOE; PROVIDING A SAVIttGS CLAUS& AND PROVID- ING FOR PUBLICATION. OROIN,t,NCE fiQ,Jil6 AN ORDINANCE .. AMENDING CHAPTeR 29 OF lHE COO!>.OF· ORDINANCES. CITY OF LU0Jt: BOCK ENTITLED "%0NIN ' ' iiY Rlhii~#ABERING SEC"t:ION 29-St2Abl. BVADOING TO SECtiON· 29-/l OEF.IMITIONS . FOR "CAR· PORi " ~ROEN tiOME ... ;lNO •<toWNHOUSE";BY . REP .. AI..• lNG . SECTION tf.a4(c;)(Ut WHICtt REFERS 'TO. ZERO LOT UNE HOUSES; aY AMENDING SECTION 29-%A(c)(2) TO . P$1tP2" VIOE FOR A PEIUAilTEO --~ CIFIC USE ... DISTRICT • FOR tOWNHOUSES . AND GAitOEN HDMESI PROVIDING FOR .R~· agm~~~s~:g:H H~=~; AND BY AtJ~eNDING SECTION 2M ENTITLED "R·2JWO FAMJ· !:Y . DISTRICT" lO Mi'KE TOWNHOUSES AND (.AAOEN · HOMES A PERMITTED . SUCH OISTIUCT> PR _,1 lAVING$ CLAU$1111 p..,=..", A P&NALT'f AND I'Rvwl · FOR!~!~TIQN. ....:--' ~' DOROtHY Notary .Public In And r lhe State Of Tl!•i' M~ Commi~s~n Erilires Nov. ,, 1988 ·,· '''OitOINANCI No:atil AN ORDINANCE.· AMINOING CHAPTER 29 OF THE CODE 01' ORDINANCES, j CIT\'. . OF LIJS. DOCK, ENTITLEO. '"ZONING ., fY RENUM&ERIN.G SECTION it..' ~(27alr AND lilY ADDING· TO $ECTI~N . DEFINITiON• 'FOR ·mSI. ENT CLOTH-ING ST .. "I 8\' RENUM· 11eRIN CTI NS 29-U(ct)(l.3), 29-17(d)N). A D . ,_ltld)IJ.$) AND. AIJ&IiltfG TO SECTION. 29-U (d) A flilltOVISION THAT ·A (;O,.. SlGNMOrt .cLqTHIHG ·sTORE 8E '29-tmtl lind ,,_11(d) A -CON· !liTI,9NAf.'1JSE IN THE ·"C·;A." C·t ·.aD "'C4~' ZONING Ots.: TR ROVIOING A SAV· PE·N· Se1JPRO. VIO·I·N· G ·A. FOR Pl.ftft:iC:~u!lN.PROVIDI~G: : AN O~~ROINANCI NO.tel9 AI.ITHO · •CAt.ICELLING, . FOR . APPROVAL &ROA . . .SIGNAL AT AND 'ANO.. Avt!NUE 0 . . I:Zh•G THE RE· MOVA · lAID 'TRAFFIC $10-;L~J=~j~"'" , .. j.j