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HomeMy WebLinkAboutOrdinance - 8936-1986 - Ordinance 8936 Amending Chapter 29, "Zoning" By Amending Section 29-28(F)(2) J. - 06/26/1986LJM:da First Reading June 26, 1986 Agenda Item #16 Second Reading July 10, 1986 Agenda Item #11 ORDINANCE NO. 8936 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING," BY AMENDING SECTION 29-28(f)(2)j. WHICH CONCERNS SPECIAL EXCEPTIONS FOR OUTSIDE SALES ACTIVITIES AND PROVIDING FOR SPECIFIC CONDITIONS WHEN A PERMIT MAY BE ISSUED ADMINISTRATIVELY; PROVIDING A SAVINGS CLAUSE PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 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 Annotaled 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 Section 29-28(f)(2)j. of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "j. Outside sales activities. Permit in the "C-2," "C-3," and "C-4" zoning districts, "tents," "tent sales," "sidewalk sales," and "sales of merchandise outside any structure," subject to the following condi- tions: 1. Whenever outside sales activities are conducted, adequate provisions must be made for safety and parking. 2. If a tent is used, it must be inspected and approved by the City of Lubbock Fire Marshal or Building Official and construction permits and inspections shall be obtained from the City of Lubbock Building Official. 3. If lighting or electrical outlets are used in conjunction with outside sales activities, electrical permits and inspections shall be obtained from the Building Inspection Department of the City of Lubbock. 4. Outside sales activities shall not obstruct designated fire lanes. 5. No banners, pennants or portable signs shall be permitted in conjunction with outside sales activities. 6. No more than two (2) outside sales permits shall be allowed per applicant per year. 7. Permits may be issued administratively by the Codes Adminis- tration Department of the City of Lubbock, without Zoning Board of Adjustment approval, subject to the following conditions: (i) The outside sales activity complies with subsections 1-6 above of this section. (ii) The application for outside sales permit must be made by the property owner or by a Shopping Center Mer- chant's Association representing an entire shopping center development. Individual retail merchants in shopping centers may not obtain permits, without the consent of all other tenants in the shopping center development. (iii) Shopping centers or continuous development centers shall be treated as a single business and shall be allowed a maximum of two (2) outside sales permits per year. In no case will the outside sales permit be issued to an individual retail merchant within a shopping center. (iv) Permits for outside sales activities shall be for a maximum of six (6) days per sale with no more than two (2) sales allowed per year. (v) A non-refundable application fee of $125.00 must be paid to the City of Lubbock at the time the application is made. (vi) Tents may be permitted in conjunction with outside sales only. (vii) Tents 30 feet by 60 feet or smaller may be permitted by the Codes Administration Department. 8. Zoning Board of Adjustment approval will be necessary for all tents larger than 30 feet by 60 feet in size. - 2 - 9. Zoning Board of Adjustment approval will be necessary for truckload sales. 10. Any proposed food sale or giveaway in conjunction with an outside sales activity shall require Zoning Board of Adjustment approval. furthermore, where any food and/or beverage sales or giveaways are involved, permits shall be obtained from the City of Lubbock Health Department. 11. The Codes Administration Department or the Zoning Board of Adjustment may deny any application for permit that fails to satisfy the applicable conditions, or may revoke any permit which has been issued if it is later found that the appli- cable conditions cannot be met. 12. The Codes Administration Department may revoke any permit, if it is later discovered that the outside sales activity is a public nuisance or is detrimental to the health, safety, or welfare of the citizens of Lubbock. 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. SECTION 3. 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 26th day of June 1986. Passed by City Council on second reading this lOth day of July 1986. APP~O)JD AS TO fORM: rratMtt. Laura J. Mar City Attorn - 3 - ' .. THE STATE OF TEXAS COF\'TY OF LUBBOCK M2320-R237 Bef Glenda Rasco N p .. ore me a otary ubhc m and for Lubbock County. Texas on this day personally app_eared . Twil a Aaf 11 I • A ceo unt Manager of the Southwestern Newspa- pe~s CorporatiOn. publlsh~rs of the Lubbock Aval_anche-Journal -.Morning. Evening and Sunday, who be1ng by me duly sworn d1d depose and say that sa1d newspaper has been published continuously for more than fifty-two weeks prior to the first inse;-5ig%f~ this Lef!a 1 Notice ~ --------:---::---:------No. . at Lubbock County. Texas and the attached print- ed cop;; of the LeE!a I Notice IS a true copy of the original and was printed in th£> Lubbock Avalanche-Journal on the following dates: ,I u Ill 12, 19, 1986 ' Account ManaE!er LCBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this ~&ay of :I U I Y FOR:\158 L£~~aH· zt:,:FoQtt\c 11114 :;-;, :. .. • • GLENDA RASCO . ' Notar~ Public In And for Tile State Of Tem My Commissioo Exptre~ Nov. 9. 1988 r ~ 19~ r: AN 'ottoi~~A\~ 1 C:HAPTER It OF THE CODE OF AND THE OFFICIAL MAP OF. THE CITY OF .LUBBOCK. I,AAK-rNG. THE FOLLOW IN!>. ·-------1 CHANGES: ZONE CASE NO. t977·E1 A ZONING CHANGE II'ROM R·l TOGO ZONING ON A TRACT IN SECTION 21, BLOCK E·2, LUBBOCK. TEXAS! SUB• JECT TOCONDITIONS;:PROVID-ING A PENALTY I PROVIDING lA SAVING$ CLAUSE AND PltOVID- ING II'OR PUBLICATIO!f; ' . ' E ROINAN¢E:$. CIT¥ OF LUS. OCK, EtlTITJ..EO "ZONING," Y AMENDING SECTION 19-28UII21J. WHICH CONCERNS ------------.::..__ _____ ;__·IPECIAL excePTIONS FOR I---------- OUTSIDE SALES ACTIVITieS • ORDINANCENO.I'r.l' . · AN ORDINANCE. AMENDING ZONING ORDINANCE 1'10. 708• AND THE OFFICIAL MAP OP THE CITY· OF LUBBOCK MAK· tNG .THE FOLLOWING , CHANGES:.ZONE CASE NO. 2:1'55-A).A ZONING CHANGE , .FROM.II-1, R·l SPECIFIC USE, 1 ft·2. C·2 AND A-l TO C·2 SPECIF· 1 IC USE PERMIT FOR GASOLINE ·SALES, AND TO GO, C·2. C·3, ·LIMITED C·4 ANQ C·4 '!tONING , ON A TRACT OUT OF SECTION , 36. &LOCK A·IC. LUBBOCK; TEX· ;AS; SUBJECT TO CONDITIONS; :PROVIDING A PENALTY: PRO. VIOING A.SAVINGS C:LAU$1!.. AND PROVIDING FOR PU.BLICA· lTipN. ORDINANCE NO.I93-4 t AN ORDINANCE AMENDING ! ZONING ORDINANCE NO. 7011<1 AND .THE OFFICIAL MAP OF tHE CITY OF lUBBOCK MAK• dNG THE· FOLLOWING ~ ~t.J~~i~f~~~~z .f~'k ;~: AND LOTS 549-555, ICING'S GATE ' t8~~~~~· i-ge!~~~-i~::tn PROVIDING A PENALTY; PRC. ~·VIOING #1. $oWINGS CLAUSE · AND ll'llOVtDlNQ FOR PUBLICA· 1 TION. AND PROVIDING FOR SPECIFIC: t:coNOJTIOH$ WHEJI.A .9eRMIT MAY 8E ISSUED ADWNISTRA· ;~IVELYI PROVIDING-A SAV· '~~"eG,M.\.'vu~to"~~~~~~~:;.~ :POR PUBLICATION. ' .. I . ' ORDIN8-NCE N0.19311 AN ORDINANCE AMI:ONDING , CHAPTER 29 OF THE LUBBOCK· CITY C:ODE, ENTITLED "ZON· :.lNG," :&Y PROVII)ING .A SPE· . CIFIC IJ$E PERMIT FOR BLOOD :&ANK·S .AND PLASMA CEN• ·,TERS; PROVIDING A SAVINGS CLAUSE; .PROVIDING A PENAL• TY AND PROVIDIJ.IG FOR PUS. LICATION. . · . . ORDINANCE N0.1941 AN OROINANCI! ABANDON~ · lNG AND CLOSING PUBLIC. PARK PROPERTY IN THE GIJA· OALUPE AND MULLIN$ ADDI· ~~~~ZJ>s~~~K ~'JJ,.~. ~~~: AS;, AUTHORIZING AND 01-RECTING THE MAYOR OF THE CITY OF \.UB80CK TO EXE-·CUTE I'OR AND ON BEHALII'. OF · THIS CITY A DeED AND RELAT· ED FORM$ CONVEYIJ.IG SAID PROPERTY TO. THE TEXAS DE· 'PARTMENT OF .HIGHWAYS AND PUBLIC·TRANSPORTATION: PROVIDI.N'G A SAVINGS ,Cl.AU$E1 AND PROVIDING FOR PUBLICA.TION;. ' . . . ! 'ORDINANCE NO. 1937 AN ORDINANCE! AMENDING SECTION 28'9% OF THE CODE OF ORDINANCES OF THE CITY OF .LUtiiiOCK, TEXA.S, m 1;1'$ E.N .• TIRETY $0 AS TO CHANGE YHE RATE$ FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK 'EFFECTIVE AUGUST 1, ttl6; .PROViDING A $AVING$Cl.AI.ISE AND PROVIDING FOR PUBLICA- 'TIOI't. '·. 'R·231.