HomeMy WebLinkAboutOrdinance - 2008-O0032 - Amending Chapter 29, Titled Zoning Sectoin 29-20 C04 Commercial District - 03/27/2008First Reading
March 27~ 2008
Itea No. 6.1
ORDINANCE NO. 2008-()0032
Second Reading
April 20~ 2008
Item No. 5.24
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-20, "C-4 COMMERCIAL DISTRICT/' SUBSECTION (c)
''PERMITTED USES," BY DELETING DRIVE IN RESTAURANTS AS A
PERMITTED USE, AND BY AMENDING SECTION 29-18 "C-3 GENERAL RETAIL
DISTRICT," SUBSECTION (c) "PERMITTED USE" TO ADD DRIVE IN
RESTAURANTS AS A PERMITTED USE; 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 Govenunent Code §211.007
(V emon, 1997), and notice was duly published in the Lubbock A valanche-Joumal 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 first reading hereof; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT Section 29-20(c) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by deleting and reserving subsection (53).
Section 2. THAT Section 29-18( c) of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended by adding subsection (5a) to read as follows:
"(5a) Restaurants. (Business permitted outside ofbuilding)."
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.
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41Y6'
Section~ THAT should any paragraph, sentence, clause, phrase or work of
this Ordinance be declared unconstitutional or invalid for any reason, the remajnder of
this Ordinance shall not be affected thereby.
s (L1
Section.;Y. 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 27th day of_=Ma=r:...:c::::h=--_,, 2008.
Passed by the City Council on second reading this lOth day of April , 2008.
ATTEST:
APPROVED AS TO CONTENT:
~ f.hsil>'-
c: cityan/LindaiZoning Amendment-drive in restaurant
ebruary 29, 2008
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
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