HomeMy WebLinkAboutOrdinance - 2021-O0007 - Amending Chapter 40, Article 40.03-Districts, of the Code of OrdinancesFirst Reading
January 12, 2021
Item No. 8.9
ORDINANCE NO. 2021-00007
Second Reading
January 26, 2021
Item No. 7.8
AN ORDINANCE AMENDING CHAPTER 40 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ARTICLE
40.03 "DISTRICTS" AND PERMITTED USES IN THE "CB-1" WEST BROADWAY
DISTRICT IN DOWNTOWN LUBBOCK; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION.
WHEREAS, at the January 28, 2020 work session of the City Council of the City of
Lubbock, the City Council heard a presentation by Overland Partners, Inc. ("Overland") regarding
the Downtown Master Plan Update (the "Plan"); and
WHEREAS, the recommendation from Overland included a strategic vision for each key
area of Downtown Lubbock, included in which is the "CB-1" West Broadway District; and
WHEREAS, the Planning and Zoning Commission of the City of Lubbock, Texas (the
"Commission"), during its meeting on January 7, 2021, found that it is in the best interest of the
citizens of Lubbock to amend the permitted uses in the "CB-1" West Broadway District in
Downtown Lubbock in order to align permitted uses with the recommendations of Overland; and
WHEREAS, the Commission recommends that the City Council of the City of Lubbock,
Texas amend Chapter 40 of the City of Lubbock Code of Ordinances as amended below; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests
of the health, safety and welfare of the citizens of the City of Lubbock to make the following
amendments to the Code of Ordinances of the City of Lubbock, Texas; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
SECTION 1. THAT Section 40.03.1753 shall be amended to read as follows:
Sec. 40.03.1753 Permitted uses
[Permitted uses in this district are the following:]
(1) Accessory buildings as follows, subject to all other requirements of this
section [division].
(A) Temporary construction and/or field sales office, provided said
structure is approved by the codes administrator. Said structure must be
removed within ten days of written notice from the codes administrator.
(B) Private garage, toolhouse, greenhouse, storage house or poolhouse.
(2) Antique shop.
(3) Apartments as specified in the "A- I" section [division 6 of this article].
Accessory uses limited to a rental office, clubrooms, recreational rooms,
covered pools and/or laundries.
(4) Art galleries, commercial.
(5) Arts and crafts store, with not over three thousand (3,000) square feet of
total floor area.
(6) Bake shop, candy store, delicatessen, donut shop, pie shop.
(7) Banks and savings and loan companies.
(8) Barber and beauty supplies not exceeding five thousand (5,000) square
feet of gross floor area.
(9) Beauty or barber shops.
(10) Bicycle and lawnmower sales and repair shops, with not over five
thousand (5,000) square feet of total floor area.
(11) Book or stationery shops or newsstand, with not over three thousand
(3,000) square feet of total floor area.
(12) Brewpub.
(13) Camera shop.
(14) Churches and other places of worship.
(15) Coin and stamp shops.
(16) Commercial schools, except mechanical or trade.
(17) Consignment clothing store. (No outside storage or display.), with not
over three thousand (3,000) square feet of total floor area.
(18) Convalescent or sick room supplies, with not over five thousand (5,000)
square feet of total floor area.
(19) Convalescent, nursing, orphan, maternity and geriatric homes and
personal care facilities.
(20) Day nurseries.
(21) Dress shop.
(22) Drug store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for on -premises and/or off -premises consumption as an
incidental use.
(23) Duplexes as specified in the "R-2" section [division 4 of this article].
(24) Duplicating/copy service.
(25) Electronics repair shop.
(26) Fire stations.
(27) Florist shop, with not over three thousand (3,000) square feet of total
floor area.
(28) Funeral home or mortuary. (Ambulance service permitted.)
(29) Furniture store, new, with not over five thousand (5,000) square feet of
total floor area.
(30) Gift shop, with not over three thousand (3,000) square feet of total floor
area.
(31) 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 on -premises and/or off -premises consumption as an incidental
use. (No gasoline pumps permitted.)
(32) Gun shop.
(33) Hardware store, with not over five thousand (5,000) square feet of total
floor area.
(34) Hat shop.
(35) Health or athletic club, with not over three thousand (3,000) square feet
of total floor area.
(36) Hobby shop, with not over three thousand (3,000) square feet of total
floor area.
(37) Hospital, clinic or medical office.
(38) Household appliance sales and repair shop, small appliance, with not
over three thousand (3,000) square feet of total floor area.
3
(39) Laundry and dry cleaning not over five thousand (5,000) square feet.
(40) Medical, dental, and optical laboratories providing services for
individuals of the medical profession and their clientele.
(41) Microbrewery, microdistillery, or microwinery.
(42) Music or video shop.
(43) Office supply - no printing operation permitted.
(44) Offices, general and professional.
(45) Oil and gas wells (subject to conditions of Chapter 14 [81, Article VI
[8.071, Oil and Gas Drilling, of this Code).
(46) Parking areas and/or buildings.
(47) Pet shop or pet grooming - No boarding of animals permitted.
(48) Private schools having a curriculum equivalent to that of public schools.
(49) Public parks and recreational facilities owned by the City of Lubbock,
including community centers.
(50) Public schools.
(51) Radio studio, with no tower or antenna.
(52) Restaurants with sales of mixed alcoholic beverages as an incidental
use. Outside dining areas/patios shall be permitted as defined in section
40.01.003(139).
(53) Restaurants when designed for service and consumption of food inside
the building except outside dining areas/patios shall be permitted as defined in
section 40.01.003(139).
(54) Self-service laundry, washateria and/or dry cleaning.
(55) Semi-public uses such as community clubhouses, YMCA, YWCA, boy
scouts, girl scouts, boys clubs, and little theaters.
(56) Shoe or boot repair shop.
(57) Shoe store.
4
(58) Single-family dwelling units as specified in the "RR," 46R-1," 64R-1
Specific Use," and "R-IA" sections.
(59) Sporting goods store, with not over three thousand (3,000) square feet
of total floor area.
(60) Studios: art, teaching, dance, music, drama, photographic, interior
decorating.
(61) Tailor shop.
(62) Toy store.
(63) Veterinary hospital (totally within a building).
(64) Wine, beer, or alcohol tasting facility.
SECTION 2. THAT should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 3. THAT violation of any provision of this Ordinance shall be a misdemeanor
punishable in accordance with state law and Section 40.01.006 of the Code of Ordinances of the
City of Lubbock.
SECTION 4. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication as
provided by law.
AND SO IT IS ORDERED.
Passed by the City Council on first reading this 12th day of January , 2021.
Passed by the City Council on second reading this 26th day of Janua • , 2021.
DANIEL M. POPE, MAYOR
AT ST:
i
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
,
atrelle Joy, Councilwan,obistrict 6
Ste e s nga a} r ro Tem, Councilman, District 4
APPROVED AS TO FORM:
w I AV4�
Kebli Leisure, Assistant City Attorney
Ord.Amend.CB-1
12.09.20