HomeMy WebLinkAboutOrdinance - 2008-O0103 - Amending Chapter 29, Entitled Zoning By Amending Section 29-3, 29-13, 29-15, Etc - 11/20/2008Fi.rst Reading
November 20, 2008
Item. No. 6.1
ORDINANCE NO. 2008-oOI03
Second Ke.ad:lng
Deceaber 4. 2008
ltea No. 5.7
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING
SECTION 29-3, "DEFINITIONS", SECTION 29-14, "C-A COMMERCIAL-
APARTMENT DISTRICT", SECTION 29-15, "C-1, NEIGHBORHOOD SERVICE
DISTRICT", SECTION 29-16, "C-2A RESTRICTED LOCAL RETAIL
DISTRI<;::T", SECTION 29-17, "C-2, LOCAL RETAIL DISTRICT", SECTION 29-
18, "C-3, GENERAL RETAIL DISTRICT", SECTION 29-19, "CB-1 WEST
BROADWAY DISTRICT", SECTION 29-20 "C-4 COMMERCIAL DISTRICT",
SECTION 29-23.2, "IHC INTERSTATE HIGHWAY COMMERCIAL DISTRICT",
AND SECTION 29-30 "ENFORCEMENT AND ADMINISTRATION" TO
ALLOW FOR THE SALE OF BEER AND WINE FOR OFF PREMISE
CONSUMPTION AS AN INCIDENTAL USE WHERE ALLOWED BY STATE
AND LOCAL LAW; AND TO ALLOW FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR OFF PREMISE CONSUMPTION WHERE ALLOWED BY
STATE AND LOCAL LAW; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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. 1990) 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 detennined 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 Ordinances 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 Sections 29-3(12), (59), (80), and (97.2) ofthe Code of
Ordinances of the City of Lubbock, Texas are hereby amended to read as follows:
''(12) Bar or cocktail lounge: A place where alcoholic beverages are
sold for consumption on the premises as the primary business activity.
Dancing permitted.
(59) Incidental use: a secondary or minor use associated with a
primary use. Incidental use shall not exceed 25% of the floor area of
the primary use.
(80) Nightclub: A place where alcoholic beverages are sold for
consumption on the premises, with or without food, as the primary
business. Live entertainment may be provided and dancing permitted
subject to other applicable city ordinances.
(97.2) Restaurant with alcoholic beverage sales as incidental use: A
place meeting the definition of "restaurant" as set forth in this Code
and containing "Restaurant Kitchen Facilities" as defined in this Code
that serves alcoholic beverages to members of the general public as an
incidental use to their primary business operation and which meets the
following conditions:
a. No outside or exterior entrance shall be provided for any area of the
premises exclusively devoted to the preparation, sale and primary
consumption of alcoholic beverages.
b. No outside sign, separate identification, or advertising of any type
shall be allowed for the area within the restaurant devoted to the
preparation, sale and primary consumption of alcoholic beverages.
c. No independent advertising of alcoholic beverages for sale shall be
allowed, however, it shall be permissible to advertise the sale of
alcoholic beverages with food offered for sale to the general public in
any public advertisement."
SECTION 2. THAT Section 29~3 of the Code of Ordinances of the City of
Lubbock, Texas is hereby amended by adding the following section to be numbered
Section 29-3(86a):
"(86a) Package store: A place where alcoholic beverages are sold for
consumption off the premises as the primary business activity.''
SECTION 3. THAT Section 29-14(b) ofthe Code of Ordinances of the City
of Lubbock, Texas is hereby amended by adding the following section to be
numbered 29-14(b )5:
"(5) All business shall be conducted entirely within a building.
Outside storage and/or display of any type shall be prohibited."
SECTION 4. THAT Sections 29-14(c)(15) and (18) of the Code of
Ordinances of the City of Lubbock, Texas are hereby amended to read as follows:
"( 15) Drug store. In areas allowed by state and local laws, penn it the
sale of beer and wine for off premise consumption as an incidental use.
(No accessory pass-out windows and/or delivery to customers while
still in their motor vehicles shall be permitted for any product other
than prescription medications.)
(18) Grocery store with not over three thousand (3,000) square feet of
total floor area. In areas allowed by state and local laws, pennit the
sale ofbeer and wine for off premise consumption as an incidental use.
(No gasoline pumps, no accessory pass-out windows and/or delivery to
customers while still in their motor vehicles shall be permitted.)"
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SECTION 5. THAT Section 29-15(c)(4) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
"(4) Grocery store, not exceeding three thousand (3,000) square feet of
gross floor area. In areas allowed by state and local laws, permit the
sale of beer and wine for off premise consumption as an incidental use.
(No gasoline pumps, no accessory pass-out windows and/or delivery to
customers while still in their motor vehicles shall be permitted.)"
SECTION 6. THAT Sections 29-16(c)(17) and (22) of the Code of
Ordinances of the City of Lubbock, Texas are hereby amended to read as follows:
"(17) Drug store. In areas allowed by state and local laws, permit the
sale of alcoholic beverages for off premise consumption as an
incidental use. (No accessory pass-out windows and/or delivery to
customers while still in their motor vehicles shall be permitted for any
product other than prescription medications.)
(22) Grocery store, not over three thousand (3 ,000) square feet of total
floor area. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use.
(No gasoline pumps, no accessory pass-out windows and/or delivery to
customers while still in their motor vehicles shall be permitted.)"
SECTION 7. THAT Section 29-17(c)(ll) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
"(11) Grocery store with over three thousand (3,000) but not over
thirty-five thousand (35,000) square feet of total floor area. In areas
allowed by state and local laws, permit the sale of alcoholic beverages
for off premise consumption as an incidental use. (No gasoline
pumps, no accessory pass-out windows and/or delivery to customers
while still in their motor vehicles shall be permitted.)"
SECTION 8. THAT Section 29-18(c)(7) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended to read as follows:
"(7) Grocery store. In areas allowed by state and local laws, permit
the sale of alcoholic beverages for off premise consumption as an
incidental use. (No accessory pass-out windows and/or delivery to
customers while still in their motor vehicles shall be permitted)"
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SECTION 9. THAT Section 29-18( c) of the Code of Ordinances of the City
of Lubbock, Texas is hereby amended by adding the following section to be
numbered Section 29-18( c) ( 8a.l):
"(8a.l) Package store with not over three thousand (3,000) square feet
of total floor area. (No accessory pass-out windows and/or delivery to
customers while still in their motor vehicles shall be permitted.)"
SECTION 10. THAT Sections 29-19(c)(23) and (32) of the Code of
Ordinances of the City of Lubbock, Texas are hereby amended to read as follows:
''(23) Drug store. In areas allowed by state and local laws, permit the
sale of alcoholic beverages for off premise consumption as an
incidental use. (No accessory pass-out windows and/or delivery to
customers while still in their motor vehicles shall be permitted for any
product other than prescription medications.)
(32) Grocery store with not over three thousand (3,000) square feet of
total floor area. In areas allowed by state and local laws, permit the
sale of alcoholic beverages for off premise consumption as an
incidental use. (No gasoline sales, no accessory pass-out windows
and/or delivery to customers while still in their motor vehicles shall be
permitted.)"
SECTION 11. THAT Section 29-20( c) of the Code of Ordinances of the City
of Lubbock, Texas is hereby amended by adding the following section to be
numbered Section 29-20(c)(44a):
''( 44a) Package store (No accessory pass-out windows and/or delivery
to customers while still in their motor vehicles shall be permitted. Y'
SECTION 12. THAT Section 29-23.2(c) of the Code of Ordinances of the
City of Lubbock, Texas is hereby amended by adding the following section to be
numbered Section 29-23.2(c)(44a):
"(44a) Package store (No accessory pass-out windows and/or delivery
to customers while still in their motor vehicles shall be permitted.)"
SECTION 13. THAT Section 29-30(b)(3)(a)(l) of the Code of Ordinances of
the City of Lubbock, Texas is hereby amended to read as follows:
"1. No person, firm, corporation or association shall use or occupy
any building, premises or structure within the City of Lubbock as the
bolder of a Texas Alcoholic Beverage Commission permit without
obtaining and maintaining a zoning certificate issued by the zoning
administrator of the City of Lubbock."
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SECTION 14. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by 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 15. 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 16. 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 20dl day of Novmmer , 2008.
Passed by the City Council on second reading this 4th day of December , 2008.
TOM MARTIN, MAYOR
ATTEST:
R~ Garza, City Sec.retary
APPROVED AS ·ro CONTENT:
Chad Weaver, Asst. City Attorney
vwJCityAtt/Chad/OrdinanceSIAmended Section 29 Amendments-Alcohol Sales\ I .20.08
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