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HomeMy WebLinkAboutOrdinance - 2005-O0079 - Ordinance Amending Chapter 29 Titled "Zoning" Automotive Glass Shop" - 07/28/2005First Reading July 14, 2005 Item49 ORDINANCE NO. 2005-o0079 Second Reading July 28, 2005 ltemll AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-18 ENTITLED "C-3 GENERAL RETAIT.., DISTRICT" TO ADD "AUTOMOTIVE GLASS SHOP" AS A PERMITfED USE IN SECTION 29- 18(c) AND BY AMENDING SECTION 29-20 ENTITLED "C-4 COMMERCIAL DISTRICT't TO DELETE "AUTOMOTIVE GLASS SHOP" AS A PERMITTED USE IN SECTION 29-20(c); PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes to Chapter 29 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, safety and general welfare to make those proposed changes; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance have been fully complied with, including giving notices in compliance with the notices provided by the Texas Local Government Code §211.007 (Vernon, 1997), 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 held in the City Council Chamber of the Municipal Building, 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 frrst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT Section 29-18( c) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 29-18(c)(2a), which section shall read as follows: "(2a) Automotive glass shop subject to the following conditions: a. When construction of the facility is new or a major reconstruction occurs to an existing building, the bay doors of the facility shall not face a designated thoroughfare street. b. Existing structures requiring little or no modification for the proposed use shall not be required to change the location of bay doors." Page 1 -Ordinance No. ___ _ Section 2. THAT Section 29-20(c) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to delete Section 29-20(c)(6). Section 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/1 00 Dollars ($2000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. Section 4. THAT should any paragraph, sentence, clause, phrase or work 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 the City Council on first reading this 14th day of _ _.;;;...=--'----- Passed by the City Council on second reading this 28th day o ....::::..:::.L..-----7.~:rr-· ATTEST: ~~·-~~ R; e~ity Secretary R dyHenson, APPROVED AS TO FORM: ~~~k .... ~ Linda L. Chamales, Supervising Attorney Office Practice Section LC: cityatt/Linda!Zoning Amendment-Auto glass October II' 2004 Page 2-Ordinance No .. ___ _