HomeMy WebLinkAboutOrdinance - 9457-1991 - Amending Chapter 29 Of The Code Of Ordinaces - 06/27/1991LLC:js
First Reading
June 27, 1991
Item #9
Second Reading
July 11, 1991
Item #12
ORDINANCE NO. 9457
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED •zoNING", BY ADDING DEFINITIONS OF PERSONAL CARE FACILITIES
AND PERSONAL CARE SERVICES TO SECTION 29-3, BY AMENDING SECTIONS 29-10(c}(5},
29-10(1}(1)(h}, 29-13(c)(3), 29-13(1)(1)(d), 29-16(c)(4}, and 29-16(1)(1)(d},
TO ADD "PERSONAL CARE FACILITIES•; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed amendments to the Zoning Ordinance 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 consider-
ation, the City Council found that it would be expedient and in the interest
of the public health, safety and general welfare to so amend the Zoning Ordi-
nance; and
WHEREAS, all conditions precedent required by law for a valid amendment
to the Zoning Ordinance have been fully complied with, including giving notice
in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007
(Vernon, 1990}, 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, that the Zoning Ordinance be amended in the manner here-
inafter 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 29-3 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended by inserting between "(90) Person" and "(91)
Plumbing, heating, refrigeration or air condition business", the following:
(90a} Personal Care Facilities: All regulations of Section 29 of
the Code of Ordinances apply to personal care facilities. A
personal care facility is defined as an establishment in-
cluding a board and care home that:
a. Furnishes in one or more facilities food and shelter
to four (4) or more persons who are unrelated to the
proprietor of the establishment; and
b. Provides personal care services.
(90b) Personal Care Services: Personal care services means:
a. Assistance with meals, dressing, movement, bathing, or
other personal needs or maintenance;
b. The administration of medication by a person licensed
to administer medication or the assistance with or
supervision of medication; or
c. General supervision or oversight of the physical and
mental well-being of a person who needs assistance to
maintain a private and independent residence in a per-
sonal care facility or who needs assistance to manage
the person's personal life, regardless of whether a
guardian has been appointed for that person.
SECTION 2. THAT Section 29-10(c)(5) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Convalescent, nursing, orphan, maternity, and geriatrics homes and
personal care facilities. Accessory uses, such as a beauty shop,
barber shop and pharmacy shall be permitted within a building de-
voted to one of the primary uses in this Section provided such
accessory use is conducted for the convenience of the occupants
and such accessory use does not have an entrance thereto except
from inside the building, and further, no signs or advertisements
of such accessory use shall be visible from outside the building.
SECTION 3. THAT Section 29-lO(l)(l)(h) of the Code of Ordinances, City
of Lubbock, Texas, is hereby amended to read as follows:
Convalescent, nursing, maternity, and geriatrics homes and per-
sonal care facilities -three (3) spaces for each five (5) beds.
SECTION 4. THAT Section 29-13(c)(3) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Convalescent, nursing, orphan, maternity, and geriatrics homes and
personal care facilities.
SECTION 5. THAT Section 29-13(l)(l)(d) of the Code of Ordinances, City
of Lubbock, Texas, is hereby amended to read as follows:
Convalescent, nursing, maternity, and geriatrics homes and
personal care facilities -three (3) spaces for each five (5)
beds.
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SECTION 6. THAT Section 29-16(c)(14) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Convalescent, nursing, orphan, maternity, and geriatrics homes and
personal care facilities.
SECTION 7. THAT Section 29-16(1)(1)(d) of the Code of Ordinances, City
of Lubbock, Texas, is hereby amended to read as follows:
,
1
1 Conva1lescentf, n1u1risiing, mathernit(y3), and gerfiatricshhofmies a(n5d pbedr-sona care ac t es - t ree spaces or eac ve ) e s.
)J SECTION 8. THAT violation of any provisions of this Ordinance shall
;j be deemed a misdemeanor punishable by a fine not to exceed One Thousand and
No/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi-
nance of the City of Lubbock.
SECTION 9. 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 10. THAT the City Secretary is hereby authorized to cause publi-
cation of the descriptive caption of this Ordinance as an alternative method
provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 27th
1991. Passed by City Council on second reading this 11th
1991.
ATTEST:
day of __ Ju_n_e __ _
day of _ __;;;.Ju;;;;;1;;;4,y __ _
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
c.=;!:<--~~~~
ann1ng Linda L. Chamales, Assistant c;ty
Attorney
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