HomeMy WebLinkAboutOrdinance - 2017-O0158 - Amending Chapter 40 Zoning Code Of Ordinances. Alcohol - 12/07/2017First Reading
December 7, 2017
Item No. 6.13
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Second Reading
December 18, 2017
ItemNo. 7.11
AN ORDINANCE AMENDING CHAPTER 40, "ZONING," OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ON
PREMISE CONSUMPTION OF ALCOHOL AS A CONDITIONAL USE TO CA,
C-1, C-2A, C-2, C-3, CB, C-4, IPD, M-1, M-2, IHO, IHC, AND IHI ZONING
DISTRICTS, WITH SUCH CONDITIONAL USE BEING GRANTED OR DENIED
AS A SPECIAL EXCEPTION BY THE ZONING BOARD OF ADJUSTMENT;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the Planning & Zoning Commission of the City of Lubbock, Texas (the
"Commission"), in its meeting on December 5, 2017, found that it is in the best interest of
the citizens of the City of Lubbock to add the on premise consumption of alcohol as a
conditional use inCA, C-1, C-2A, C-2, C-3, CB, C-4, IPD, M-1, M-2, IHO, IHC, and IHI
zoning districts. with such conditional use being granted or denied as a special exception
by the Zoning Board of Adjustment; and
WHEREAS, the Commission recommends that the City Council of the City of Lubbock.
Texas (the ''Council") amend Chapter 40 of the Code of Ordinances of the City of Lubbock
to account for the Commission's approved amendment; and
WHEREAS, the Council finds and determines that it is in the best interest of the health,
safety, and welfare of the citizens of the City of Lubbock to amend Chapter 40 of the Code
of Ordinances of the City of Lubbock to include the on premise consumption of alcohol as
a conditional use in CA, C-1, C-2A, C-2, C-3, CB, C-4, IPD, M-1, M-2, IHO, IHC, and
lHI zoning districts, with such conditional use being granted or denied as a special
exception by the Zoning Board of Adjustment; and. NOW THEREFORE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT That the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding a section, to be numbered 40.02.055(b)( 18), which said section reads
as follows:
( 18) Subject to all applicable state laws, local laws, variances, exceptions, and
conditions, permit the on premise and off premise consumption of alcohol
as an incidental use in the commercial districts of ·'CA," "C-1 ," "C-2A,"
"C-2," ''C-3," "CB," "C-4," "IPD,'' "M-1 ," ·'M-2," "IHO," ''IHC," and
"I HI."
SECTION 2. THAT Section 40.03.1154 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
Chapter 40-Additions & Amendments for On Premise Alcohol as Special hception in Commercial Districts Page 1
~·sec. 40.03.1154 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(1) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales.
(2) Bar, nightclub, or lounge."
SECTION 3. THAT Section 40.03.1274 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"Sec. 40.03.1274 Conditional uses
The following use may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
Alcohol sales for on premise or off premise consumption as an incidental use, in
areas allowed by state and local laws, in any business unconditionally permitted in
this district. However, no accessory pass-out windows or delivery to customers
while still in their motor vehicles shall be permitted for such alcohol sales."
SECTION 4. THAT Section 40.03.1394 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.1394 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (2) through (13) of 40.03.1394 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 5. THAT Section 40.03.1514 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
Chapter 40-Additions & Amendments far On Premise Alcohol as Special Exception In Commercial District$ Page 2
"Sec. 40.03.1514 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass~out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (I a) through (21) of 40.03.1514 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 6. THAT Section 40.03.1634 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.1634 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However. no accessory pass~out
windows or delivery to customers whlle stlll in their motor vehicles sha[J be
permitted for such alcohol sales."
Subsections ( 1 a) through (I 0) of 40.03.1634 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 7. THAT Section 40.03.1754 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.1754 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass~out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (2) through (22) of 40.03.1754 are not amended by this ordinance and
remain unchanged and in full force and effect.
Chapter 40-Additions & Amendments for On Premise Alcohol as Special EKception in Commercial Districts Page 3
SECTION 8. THAT Section 40.03.1874 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"Sec. 40.03.1874 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (I a) through (6) of 40.03.1874 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 9. THAT Section 40.03.1994 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.1994 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (2) through ( 4) of 40.03. 1994 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION l 0. THAT Section 40.03.21 14 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.2114 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Chapter 40-Additions & Amendments for On Premise Alcohol as Special Exception in Commercial Districts Page 4
Subsections (2) through (4) of 40.03.2114 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 11. THAT Section 40.03.2154 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.2154 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:''
"(5) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (I) through ( 4) of 40.03.2154 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 12. THAT Section 40.03.2184 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"Sec. 40.03.2184 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:"
"(6) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections ( 1) through (5) of 40.03.2184 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 13. THAT Section 40.03.2234 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"Sec. 40.03.2234 Cond itiona] uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
Chapter 40-Additions & Amendments for On Premise Alcohol as Special Exception in Commercial Districts Page 5
( 1) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (2) through (3) of 40.03.2234 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 14. THAT Section 40.03.2355 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
'~sec. 40.03.2355 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales.
(2) Permit in any business the use of an accessory pass-out window or delivery
to customers while still in their motor vehicle."
SECTION 15. THAT Section 40.03.2484 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"Sec. 40.03.2484 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(1) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales."
Subsections (2) through (6) of 40.03.2484 are not amended by this ordinance and
remain unchanged and in full force and effect.
SECTION 16. THAT Section 40.03.2604 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
Chapter 40-Additions & Amendments for On Premise Alcohol as Special Exception In Commercial Districts Page 6
.. Sec. 40.03.2604 Conditional uses
The following uses may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales.
(2) Auction sales, excluding livestock auction sales.
(3) Central power and lighting plant.
(4) Electroplating.
(5) Carnivals or circuses, subject to conditions of article 8.03.
(6) Permit in any business the use of an accessory pass-out window and/or
deli very to customers while sti II in their motor vehicle."
SECTION 17. THAT Section 40.03.2724 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"Sec. 40.03.2724 Conditional uses
The following use may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
Alcohol sales for on premise or off premise consumption as an incidental use, in
areas allowed by state and local laws, in any business unconditionally permitted in
this district. However, no accessory pass-out windows or delivery to customers
while still in their motor vehicles shall be permitted for such alcohol sales."
SECTION 18. THAT Section 40.03.2844 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.2844 Conditional uses
The following use may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
Chapter 40-Additions & Amendments for On Premise Alcnhol as Special Exceptlnn in Commercial Districts Page 7
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales.
(2) Permit in any business the use of an accessory pass-out window or delivery
to customers while still in their motor vehicle."
SECTION 19. THAT Section 40.03.2964 of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"Sec. 40.03.2964 Conditional uses
The following use may be permitted through a special exception granted by the
zoning board of adjustment in the manner specified in article 40.02, division 2:
(I) Alcohol sales for on premise or off premise consumption as an incidental
use, in areas allowed by state and local laws, in any business
unconditionally permitted in this district. However, no accessory pass-out
windows or delivery to customers while still in their motor vehicles shall be
permitted for such alcohol sales.
(2) Permit in any business the use of an accessory pass-out window or delivery
to customers while still in their motor vehicle."
SECTION 20. THAT, violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No.ll 00 Dollars
($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of
Lubbock.
SECTION 21. THAT should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 22. THAT the City Secretary of the City of Lubbock is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
SECTION 23. THAT this Ordinance shall become effective, except as may otherwise be
provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on December 7 '2017.
Passed by the City Council on second reading on December 18 ,2017.
Chapter 40 -Additions & Amendments for On Premise Alcohol as Special Exception in Commercial Districts Page 8
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
~~-
Lata Krishnarao, Interim Director of Planning
APPROVED AS TO FORM:
Ord AddJtJOnal Zoning Usc-Chnpler 411 On Prem1sc Alcohol Consumption
November 6, 2017
Chapter 40-Additions & Amendments for On Premise Alcohol as Special Exception in Commercial Districts Page 9