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Home My WebLink AboutOrdinance - 8880-1986 - Ordinance Amending Chapter 29 Entitled "Zoning"/Specific Us Change Massage - 01/23/1986ll ! LJM:da First Reading 01/23/86 Agenda Item #23 Second Reading 02/13/86 Agenda Item #13 ORDINANCE NO. 8880 ----- AN ORDINANCE AMENDING CHAPTER 29 Of THE CODE Of ORDINANCES, CITY Of LUBBOCK, ENTITLED "ZONING", BY REQUIRING A SPE.CIFIC USE ZONE CHANGE fOR MASSAGE ESTABLISHMENTS IN THE "C-3," "C-4,", "M-1" or "M-2" ZONING DIS- TRICTS AND SUBJECT TO CERTAIN MINIMUM CONDI liONS; PROV IOING fOR A DEFINI- TION Of "MASSAGE ESTABLISHMENT;11 PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING fOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas, has deter- mined that it is in the best interests of public safety and public health of the citizens of Lubbock, and to prevent solicitation for acts of prostitution in massage establishments by providing certain minimum zoning standards for massage establishments; and WHEREAS, the zoning of such massage establishments is allowed pursuant to State law at Art. 2372w, V.A.T.C.S. and Art. 4512k, Sec. 14, V.A.T.C.S.; and WHEREAS, the purpose of State law and this ordinance is to provide the City a means of remedying the problems associated with massage establish- menta; and 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 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 have been fully complied with, as well as giving notices in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas, as well as notices provided by Article 1011f, Vernon's Annotated Civil Statutes, 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 duly held in the City Council Room 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 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, Texas, is hereby amended by adding a subsection, to be numbered 29-J(74a), which said subsection reads as follows: "(74a) Massage Establishment. Any place of business in which massage therapy is practiced as its principal business by a massage therapist as defined in Art. 4512k, Sec. 1, V.A.T .c.S." SECTION 2. THAT Code of Ordinances, City of lubbock, Texas is hereby amended by adding a subsection, to be numbered 29-24(c)(27), which said subsection reads as follows: "(27) Massage Establishments. In the "C-3," "C-4,11 "M-1" or "M-2" zoning districts subject to the following as minimum condi- tions: a. No massage establishment shall be located within seven hundred fifty (750) feet of any school, or church or place of worship. For purposes of this subsection, measurements shall be made in a straight line, without regard to inter- vening structures or objects, from the property line of the applicant's massage establishment to the nearest property line of such school or church or place of worship. b. No massage establishment shall be located within six hundred (600) feet of any other massage establishment. For purposes of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the applicant's massage establishment to the nearest property line of another massage establishment. c. No massage establishment shall be located within two hundred (200) feet of any residentially zoned property. This distance shall be measured in a direct line from the nearest wall of the structure in which the use is located to the residential district line. d. No person shall sell, give, dispense, provide, or keep or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establish- ment. e. Subsections a, b, c & d above and all other sections of this Code dealing with massage establishments, shall be enforced by the Chief of Police or his designated represen- tative." - 2 - SECTION 3. THAT violation of any prov1s1ons of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed the limits provided in Section 29-31(a) of the Zoning Ordinance of the City of Lubbock. SECTION 4. 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 5. 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 23rd day of January 1986-.- ..Passed.by City Council on second reading thisl3th 1986. 4 . ATTEST: APPROVED AS TO CONTENT: .. Be tram, Assistant City Manager elopment Services - 3 - TH£ STATE OF TEXAS M2320-R127 COUNTY OF LUBBOCK Before me Do roth Y R u 55 e I I a Notary Public in and for Lubbock County. Texas on this dav personally appeared Twi le Auf ill' Acco'unt Manai!e r of the Southwestern Newsp~ 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 Lei!a 1 Notice ------~-.,..--...,..........---.-;----:-No. 732533 at Lubbock County. Texas and the attached print- ed copy of the LeI! a I N ° tic e is a true copy of the origina 1 and was printed in the Lubbock Avalanche-Journal on the fQIIowingdates· FebruarY 15t zz, 1986 · 969 words @ 16t Per word = $736.44 Account Manal!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this _g±_ day ofF e b r u a rY • • '•·Oilt»f!!llttt:.E lfQ • .as AN ORDtlifAHC£ : AMIONDING tONING OlfbiNANCE NO. J!ll4 AND •THE OFFICIAL MAP OF THE CITY<Of I.UBB¢CK SO AS to MAKE ,'THE FOLI.OWING CHANGES: ZONE CASE NO. 192C- A. A CHANGE OF ZONING FROM R·l TO C·t UNOER' PRO. VISIONS OF' $ECTION 29-19 OF THE CODE OF ORDINANCES OF THE 'CITY OF LU&eOCK, ON A · TRACT OF '-"NO OUT OF SEC· TION ·a, BLOCK E·2, CITY, OF' LUBBOCK. LUBBOCK COUNTY, TEXAS 'iUBJECT TO CONDI· TION~; ''PROVIDING. FOR .A PENALTY AS PROVIDED FOR IN SECTION 2J.31fal OF THE XQNU!IG ORDINANCE; 'PROVIO. lNG l SAVINGS CLAUSE I<ND PROVI?ING · I' OR· PUBI,.ICA· TION. · . . ORPINANCE NO. eBl!6 AN •· OtftliNANCE AMENDING ZONING ORDINANCE NO •. 7084 .I>.ND .THE OFFICIAl. MAP OF THE CITY OF ~U880CK SO A$ TO. MAKE THE. FOLLOWING CHANGES: ZONE · CASE NO. ~ciM· .. 7rT~0~·=· tD:J~~ f>f!:OVIS!OMS OF SECTION 29-29 OF THE CODE OF ORDINANcES OF TPIE CITY OF LUBBOCK ON TRAcY ~1 FARRAR.£$TAT~S ADOI'I'IO!'l; Cl'tY Of: I.U. BBOCK. I,.UI),IIbek · C.:Ol.INTY, T.EXAS: PROVtD~· FQR A PENALTY AS ~0 .. 1;0 FOR IN S!C'TlON U>-31( l ',fH'e ZONHtG ORDI· NA 1 ·• ROVIOING 'A .SAV· IN. GSJ:4.\ USE AND J>ROVID.ING FOR fUB.LICATION. . ORDINANCE NO.I817 AN !mtotfii.JiliiCE' AMl!"NDtf!IO ZONtiJG ORDINANCE NO. 71)84 ANO ..:w&;. OFF. ICIAL MAP 0~ TH£ C:rtY OF LUBBOCK SO A~ TO ~-TH!i FQI,.LOWING CHANGES: ZONE CASE NO. 18'15· As A CHANGE OF ZONING FROM C·! SPECIFIC USE TO C·2 UNDER PROVI$10NS OF SEC· TION 29-tt OF .THE CODE OF . ORDINANCES OF THE CITY 01' LUBBOCK, ON A TRACT OF LAND OUT Of: ·SECTIONS 10 AND 11, BLOCK IE'!. CITY. ·OF LUBBOCK •. LUBBOCK COUNTY, TEXAS: SUBJECT TO CONC>I· TIONS: PROVIDING I'OR A PENALTY AS PROVIDE:> FOR IN SECTION 2t-3t Cal , OF TH!; ZONING ORQifi+ANC:EI' PROVIO. lNG A SAVING$ CLAUSE AND PROVIDING FOR PWI,I.Ic:.At . :Y'IO!;i, ,.., < --·-· ... -• 19~ !'" k r [ I. I I ! I . ~ r I i I !: I ~A'fl:,..~ovt_O FOR PVBLI· · ... OR 1888 ~~. 0~~·~ f.NG':J c:AAPTE'R-tp, OF ORDINANCES OF TI-Ue CITY OF I LUB80<:K. ENTITLeD nzoN- IN(O," BY 'AMENDING SECTION 2H tO PROVIDE FOR A'OEFI· .NITION OF . "RESTAUilANT'L "RESTAURAJIT KITCHEN. FA· CILITIES" AND HRESTAU· RANT$ WITH MIXED Al.COHOI.· . IC BEVERAGE SALES AS AN IN· CIOENTAL USE," REPEALING SECTIONS.~l61dHIJ, 29-17(d)(t) ~18Cd)(J) AND 29·23 l(d)!ll WHICH ,PJI.OVIDES FOR A O""NCE· .f'J.OOR AS A CONDI• TIONAL USE .IN THE "C·2A." "C·2.'' · "C'J'' AND "IHO" ZONE DISTRICTS, AME:NOING SEc· T,ION 29-28(1)(2) BY PROVIDING A NEW SPECIAL EXCEPTION •ALLOWING DANCE FLOORS.TO BE '-OCATEO IN RESTAU· RANTS IN "CA.'' "C·2A,"' "C·2.'' *'C~ ... HJHO,*' HJHC" OR HfHJ•# ii:ONt;: DISTRICTS, NOT TO EX· CEEO ..00 SQUARE FEET, BY AMENOING'SECTION 29·30(b)(l) PROVIDING FOR A REQUIRE· · t.I\ENT.OF A ZONING CERTIFI· CATE FOR ALL PERSONS, FIRMS AND ·CORPORATIONS USING OR . OCCUPYING A · BUILDING AS THE HOL()E'R OF A MIXEQ AI.COHOLIC BEV'ER· .t.GI;: PfiRM!T. ESTABLISHII'+G · f'EES FOR SUCH .ZONING CER· TIFIC,.TE; AUTHORIZING THE ZONING ADMINISTRATOR TO ENFORCt;.THE PROVISIONS OF ZONING CERTIFICATES IN AC· . CORD WITH .SECTION 1'P~lbl t$} OF l'Ht; . ZONING ORDI; NANCE PRCNIOING FOR AP· PEAl. OF THE ZONING ADMIN• ISTIMTOR'$ DECISION TO THE lONING BOARO .OF~ ADJUST· MENT, P,ROVIOING . A TIME LIMIT FOlt APPEAL; PROVIO. lNG A SAVINGS CLAUSE; PRO.. VI DING FOR A P.ENAt. TY AND ~~IDING .FOR PUBI.ICA· • . ORDINANCE 1110.1786 AN ORDINANCE ABANDONING ANO CLOSING A PORTION OFA 20-FOOT ALLEY ADJACENT TO LOT 2, FREEWAY ADDITION TO ' THE .CITY OF LUBBOCK,. LUB· BOCK COUNTY, TEXAS, AND MORE . PARTICVLARL Y DE· SCRrUED IN THE BODY OF THIS ORDINANCE DIRECtiNG THE .CITY ENGINEER TO MARK TH1! OFFICIAL MAP$ OF THI CITY OF LUBBOCK TO RE-FLECT $AID AB.ANOOI!IMENT . AND CLOSI.Nf:O; PROVIOING A SAVINGS CLAU$E';· KND PRO. . ~~mN!l FOR PU&t.ICATION.