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HomeMy WebLinkAboutOrdinance - 7869-1979 - Amending Zoning Ordinance 7084 - 06/14/1979ORDINANCE N0,_~7~8~69 ___ _ .r ,. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, · LUBBOCK COUNTY, TEXAS, BY ADDING A DEFINITION FOR GARDEN CENTER, BY MAKING GARDEN CENTER A PERMITTED USE IN THE C-4 ZONING DISTRICT, BY MAKING GARDEN CENTER A CONDITIONAL USE IN THE C-3 ZONING DISTRICT AND BY PROVIDING CON- DITIONS THEREFOR; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in Zoning Ordinance No. 7084 of the City of Lubbock, Lubbock County, Texas, as hereinafter set out have been determined by the City Council to be in the interest of the general welfare of the citizens of the City of Lubbock, and WHEREAS, the City Council has received thereon the recommendation of the Planning and Zoning Commission and held all hearings as required by law, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 2.52a, which said section reads as follows: 11 2.52a Garden Center -a building used for the display and retail sale of plants, landscaping materials and horticultural supplies." SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 19.3-26a, which said sec- tion reads as follows: "19.3-26a Garden Center" SECTION 3. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 17.4-la, which said sec- tion reads as follows: 11 17.4-la Garden Center" SECTION 4. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 25.6-2-11, which said section reads as follows: "25.6-2-11 Permit the use of garden centers in the C-3 zoning district, subject to the following conditions: 1. The walls of the building shall be totally enclosed except for any doors or windows, and open space permitted in No. 5, following. 2. Overhead doors shall be limited to loading/unloading areas and shall not be used in customer area or display areas. 3. Windows shall be limited to plate glass construction. The maxi- mum window area for each wall shall be 60% of the respective wall area. Glass-paned doors shall be deemed windows. , .... • -~J- ,. - • 4. The building shall be roofed, although slatted, lathe, glass or rigid transparent material type roofing is acceptable. No roof openings shall be permitted except for the areas between the slats or lathe, or as may be required by the Building Code. 5. Open space between the top of the wall and the bottom of the roof shall be limited to 10% of the total wall area. 6. No plants shall be permitted to project above the roof line or through the roof or walls. 7. This structure must uieet the requirements of a building under the Building Code." SECTION 5. 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 1-5 of the City Code, 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, SECTION 7. THAT the City Secretary is hereby authorized to cause publi- cation 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 this 24thday of May Passed by the City Council on second reading this 14 day of J~ne ~ ~ ATTEST: - APPROVED AS TO CONTENT: APPROVED AS TO FORM: Leon G. Bean, Asst. City Attorney .. , 1979. , 1979.