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HomeMy WebLinkAboutOrdinance - 2008-O0067 - Amending Chapter 29 Of Code: Cafe Supply Dealer Fixtures (New) Allow Sale/Used - 06/26/2008First Jteading June 26» 2008 Item l!lo. 6.7 ORDINANCE NO. 2008-oG067 Second Jteading July 10, 2008 Item Mo. 5.7 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED, "'ZONING," BY AMENDING SECTION l9~lO, "C-4 COMMERCIAL DISTRICT", SUBSECTION (c) "PERMITTED USES", BY AMENDING CAFE SUPPLY DEALER, FIXTURES (NEW) TO ALLOW THE SALE OF USED FIXTURES AS A PERMITTED USE AND BY AMENDING 19·17, ''C-2 LOCAL RETAIL DISTRICr', SUBSECTION (c) "PERMITTED USES", TO ADD CAFE SUPPLY DEALER, FIXTURES (NEW) AS A PERMIITED 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 found that due to changed conditions it would be expedient and in the interest of the public health, safety and general welfare to make the 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 detennined that it would be in the public interest, 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)(l5) of the Code of Ordinances ofthe City of Lubbock, Texas is hereby amended as follows: "(c)(lS) Cafe Supply Dealer, Fixtures, Used (All merchandise must be in a building)." SECTION 2. THAT Section 29~17(c) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding Subsection (2a) to read as follows: "(2a) Cafe Supply Dealer, Fixtures (New) ... SECTION 3. THAT violation of any provision ofthis Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) 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 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 Jaw. AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of June Passed by the City Counci] on second reading this lOth day of July ATTEST: APPROVED AS TO FORM: at~ Chad Weaver Assistant City Attorney -yw/CityAt\IChad/Zones/OrdPUblicHrg29.20 June II, 2008 TOM MARTlN, MAYOR page-2 of2 '2008. 2008.