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HomeMy WebLinkAboutOrdinance - 8881-1986 - Ordinance 8881 Amending Chapter 29/ Zone Change For Adult Entertainment - 01/09/1986LJM:da First Reading January 9, 1986 Agenda Item #18 Second Reading January 23, 1986 Agenda Item #15 ORDINANCE NO. 8881 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITV OF LUBBOCK, ENTITLED "ZONING", BV REQUIRING A SPECIFIC USE ZONE CHANGE FOR ADULT ENTERTAINMENT ESTABLISHMENTS OR ENTERPRISES, IN THE "C-3," "C-4,", "M-1" or "M-2" ZONING DISTRICTS AND SUBJECT TO CERTAIN MINIMUM CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 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 adult entertainment establishments and enterprises by providing certain minimum standards and regulations for adult entertainment establishments and enterprises, and by providing standards for operators and employees of adult entertainment establishments and enterprises; and WHEREAS, the City Council of the City of lubbock, Texas, after hearing testimony, has determined that adult entertainment establishments and enterprises may endanger the public safety or public health of the citizens of lubbock by contributing to the decline of residential and business neighboroods and the growth of criminal activity; and WHEREAS, the regulation and permitting of such establishments and enterprises and massage parlors are allowed pursuant to State law at Art. 2372w, 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 adult entertainment establishments and enterprises; 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 and Map have been fully complied with, as well as giving notices in compliance with Section 29-29 of the Code of Ordin- ances, 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 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 Code of Ordinances, City of lubbock, Texas is hereby amended by adding a subsection, to be numbered Section 29-24(c)(26), which said subsection reads as follows: "(26) Adult entertainment establishment or enterbrise. In the "C-3," "c-4,11 11M-1 11 and 11M-211 zoning districts au jec€ to the follow- ing as minimum conditions: a. No adult entertainment establishment or enterprise (as defined in Sec. 14-241 of the City Code) shall be located within seven hundred fifty (750) feet of any school, or church or place of worship. For purposes of this subsec- tion, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the applicant's establishment or enterprise to the nearest property line of such school or church or place of worship. b. No adult entertainment establishment or enterprise (as defined in Sec. 14-241 of the City Code) shall be located within six hundred (600) feet of any other adult entertain- ment establishment or enterprise. 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 establishment or enterprise to the nearest property line of another adult entertainment establishment or enterprise. c. No adult entertainment establishment or enterprise (as defined in Sec. 14-241 of the City Code) 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. Subsections a, b & c above and all other sections of this Code dealing with adult entertainment establishments and enterprises, shall be enforced by the Chief of Police or his designated representative." SECTION 2. THAT violation of any provisions 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. - 2 - SECTION J. 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 4. 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 9th day of January 1985. Passed by City Council on second reading this 23 d 1985. '-.AP.PROVEDAS TO CONTENT: y Manager APPROVED AS TO FORM: -3 - THE STATE OF TEXAS COUNTY OF LUBBOCK rnZ320 R-to7 Before me DorothY Ru&se II a Notarv PP.blic in and for Lubbock Countv. Texas on this dav personally appeared Twila Aufill' Account Manal!er of the S~uthwestern 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 newspa~r has be~n published continuously for more than fifty-two weeks prior to the t'irst insertion of this --=L::..;e:;..&!--=.a_I_N_a_t_t_c_e ___________ _ ---------.,....-.,...,-~,....---No. 725387 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-Journal on the following dates: Jenue rY 28th & FebruarY 2nd • 1986 552 wards @ 76t Per word = $419.52 Acco urU. Mana&!e LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 3rd day of FebruarY 19~ ~~~ ,1,<".11 .Pnh\•~ In Anti for lhe $tat~ 0! Teus; ORDINANct NQ.IIll 19Bi.' AN OROitiANCE .. At.\&NOltfO ' ZON.tt.(G ORDINANCE NO •. ·JQ84 · '----------------------------11 ANO .'tHE OFFICIAL .MAP·CP: I THE CITY OF t.U880C:K SO .AS ------. TO MAKE THE .fOLLOWING; CHANGES:. ZONE .(AS&· NO. 2550: .A (;HANG! OF toNING.: FROM ft·l· TO C·• UNDEit ·PRO.·, ; VISIONS OF, SECTION 29·29 ·OF ' 'THE COOE OF C>aOINANc:M OF . THE CITY OF 1."(/8BOciC• 01>.1 A TRACT OF LAND OUT OF SEC. . TION t, I!ILOCK 0-6. LU&IIOCK · .. COUMT"'', TE)(A$; .SV8JeCT :rQ .· '¢0NOITION$, PROIIIOING FOR . . A P.ENAioTY AS PROVIOE.OfOR 1 . IN SECTION 29·'31(e) OF T,HE , 'iONING ORDIMAN<;tJ PROVIb-, lNG 'A SAVING$ CLAUS£ ANI)· •. f>ROVIPING FOR, ~ PUBLICA-' 'TION. . · · ~-•· : . . .• ORQINANCe liO. Ml' ; AN'•OROINANC& · AM*i,NDING . CHAPTER it OF THI; CObt OF !ORDINANCE$, C:ITY OF LU8-1 BOCK, ENTITLEQ "%0NIII!G,u .. BY REQUIRING . .A .. SPECIFIC U$E : ZONe , ,(HAN(UI , '. I'Oit. AOUI.T. ENUR'fAINMtWT · ES. ; TA8LI$HMeliiTII , OR ·.ENTER·' PRISE$, r~ .THE "C.J."' "(--4/' NM·I" OR "M,'f' toNING 01$· ; TRICTS AHb SIJIIIECT tO CElt· i TAIIf MINI·M· UM. CONDITIONS; 1 f'ltOVIOING A ,_£NAI.'I'Yt PRO. iVIDING A··SAVING$ ClAUS& 1 ~f,J,~OVU)lft(; 1'0~ P.u•~~~- . ' . · · -MtOINAI'ICE NO. 1812 o\N ORDINANCe'. AMENDING • cHAPTER 29 OF THE .COOl; Of! ORDINANCES., .CI't'l' OF LUS. ' BOCK, .. ENTITLED . ~ON lNG."• 8Y ADDING TO SECfiON ,.., A DeFINITION FOR "COMPARA-! 8LE U$E"1 ANO 6Y ADDING A ' HEW . SECTION WHI(:H 'rro~~o:. · ,c:e,..T:fff~ TOR!AL JURISDICTION Of' CftV1 PllOVIbiNG A SAVING$ CLAUSE: PllOVlOING A J>EN· Ai. TY, AND . PROVIDING .. FOR . PUBLI¢ATION._R·I01 •' .