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HomeMy WebLinkAboutOrdinance - 9489-1991 - Amending Chapter 29 Code Of Ordinaces Adding To Section 29-3 - 10/22/199110/16/91 JES:da First Reading October 22, 1991 Item #8 Second Reading November 14, 1991 Item #10 ORDINANCE NO. 9489 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING", BY ADDING TO SECTION 29-3, A DEFINITION FOR "GROUP HOUSING FOR HANDICAPPED PERSONS", BY AMENDING SECTION 29-7 ENTITLED "R-1, SINGLE FAMILY DISTRICT" BY ADDING SECTION 29-7(c)(9) TO MAKE GROUP HOUSING FOR UP TO FOUR (4) HANDICAPPED PERSONS A PERMITTED USE IN SUCH DISTRICT; BY ADDING SECTION 29-7(d)(9) TO MAKE GROUP HOUSING FOR FIVE (5) OR MORE HANDICAPPED PERSONS A CONDITIONAL USE IN THE "R-1" SINGLE FAMILY DISTRICT"; BY AMENDING SECTION 29-30(b) TO PROVIDE REQUIREMENTS FOR PERMITS FOR GROUP HOMES FOR HANDICAPPED PERSONS; AND BY REPEALING THE WHOLE OF SECTION 29-28(f)(2)m ENTITLED "GROUP HOUSING FOR MENTALLY RETARDED PERSONS"; PROVIDING FOR PENALTY; PROVIDING A SAYINGS CLAUSE; AND PROVIDING FOR PUBLI-CATION. WHEREAS, the City of Lubbock supports Federal and State goals regard- ing deinstitutionalization of handicapped persons; and WHEREAS, the City of Lubbock supports the rights of handicapped persons to live in stable, affordable housing, in settings that maximize community integration and opportunities for acceptance; and WHEREAS, the City of Lubbock desires to make reasonable accommodations in rules, policies, and practices to afford handicapped individuals equal opportunity to use and enjoy a dwelling; and I WHEREAS, the City of Lubbock supports decentralization as a method of assuring that handicapped persons are allowed to reside in a neighborhood which retains its residential character; and WHEREAS, it has been the experience of the City of Lubbock that unreg- ulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents; and WHEREAS, the City of Lubbock desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped; and WHEREAS, the proposed amendments to the Zoning Ordinance as here-! inafter made have been duly presented to the Planning and Zoning Commission I for its recommendation which was received .by the City Council and, after due I consideration, 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 1 Zoning Ordinance; and I I WHEREAS, all conditions precedent required by law for a valid amend- ment 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 duly held in the City Council I 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 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 the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a subsection, to be numbered 29-3 (54a), which said section reads as follows: (54a) GROUP HOUSING FOR HANDICAPPED PERSONS: Shared Group Housing for Handicapped Persons shall mean a shared residential living arrangement which provides a family type environment for up to and including four (4) handicapped persons, supervised by one or more primary care givers subject to compliance with the permit conditions listed in Section 29- 30(b)(7): a. As used in this section, with respect to a person, "handicap" means: 1. a physical or mental impairment which substantially limits one or more of such person's major life activities, as defined in subsection b, below. 2. a record of having such an impairment, or 3. being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined by Chapter 481 of the Texas Health and Safety Code. b. As used in this section, "physical or mental impairment" includes: 1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproduc- - 2 - II I I ! ,, I l 2. tive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term •physical or mental impairment• includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impair- ments, pre-senile dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction (other than addic- tion caused by current illegal use of a controlled substance) and alcoholism. 3. For purpose of this exception, •Major life activi- ties" includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. SECTION 2. THAT the Code of Ordinances, City of Lubbock is hereby amended by adding Section 29-30(b)(7), which section shall read as follows: (7) Permit required for Group Housing for Handicapped Persons. a. Compliance required. No Group Home for Handicapped Persons as defined in Section 29-3(54a) shall hereafter operate until a permit has been issued by the director of planning of the City of Lubbock or his designee stating that the facility complies with the provisions of this chapter. b. Applicant shall provide a site plan which clearly shows compliance with the following criteria: 1. Any single-family dwelling unit which is proposed to be utilized for shared group housing for the handi- capped shall provide as a minimum, the following square footage in each bedroom: (i) To house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. (ii) To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. - 3 - 2. Any single-family dwelling unit which is proposed to be utilized for shared group housing for handicapped persons shall provide for a separate bedroom for the care provider or providers. c. An inspection shall be conducted by the City of lubbock Health Department using as its criteria the appropriate portions of the requirements of the Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation and Related Conditions, or its most current amendment as established by Texas Department of Health Bureau of Long Term Care, or the Minimum Licensing Stan- dards for Personal Care Facilities as established and amended under Texas Health and Safety Code, Section 247.001 et. ~-In the event that the facility is licensed by the State of Texas, the director of planning or his designee may waive all or any portion of the City Health Department's inspection. The Health Department shall prepare a report describing the property and any remedial improvements which must be completed in order for the property to meet the minimum standards. The report shall be forwarded to the applicant and to the director of planning or his designee and no permit shall be issued until the proposed home has met the minimum standards. d. A twenty-five dollar ($25.00) permit fee shall be assessed to defray administrative and·inspection costs for each permit issued. This fee may be adjusted as required under section 1-10(a) of the Code of Ordinances for the City of Lubbock. e. The facility shall comply with all applicable Fire and Building Codes of the City of Lubbock. f. No other group living arrangements shall be located within a radius of 600 feet of the home for which the permit is requested. Such measurements shall be measured from prop- erty line to property line. Other group living arrange- ments shall include, but not be limited to, homes for the mentally retarded, personal care facilities, adult foster care homes and group housing for handicapped persons. In making the determination that no home exists within 600 feet, the director of planning shall consider information provided by the applicant, information contained in the records of the City of Lubbock, and information obtained by physical inspection of the premises, if any. g. The holder of the permit shall be in charge of and respon- sible for the operation of the dwelling unit for shared group housing. - 4 - h. Permit shall be renewed annually so long as the facility continues to comply with the standards described in this ordinance. Permits are non-transferable. i. City of lubbock inspection personnel shall have the right to conduct inspections to insure continued compliance with standards at any time (pursuant to a valid search warrant or consent) and in the event a home is found to be in violation of the standards, the inspector shall forward to the director of planning and the senior planner a report describing the violations and that the director of planning or his designee may withdraw the permit. Following withdrawal of the permit and issuance of a vacate order the permit holder shall have the right to appeal the decision of the director of planning or his designee to the Zoning Board of Adjustment within ten days. j. Permit shall be prominently displayed in the facility at all times. Permit shall include the following statement: "The City does not license facilities as to quality of care. This structure has been inspected and has met the minimum requirements for Group Housing for Handicapped Persons specified in Section 29-30(b)(7) of the Code of Ordinances for the City of lubbock." k. Any permit issued under this section shall become void and of no further effect in the event the use of the premises is discontinued for a period of one (1) year, or if the property is restored to use as a single family residence. 1. Nothing in this section shall be construed as attempting to regulate or affect the right of handicapped individuals to purchase their own housing for single family residences or to affect the right of individuals to care for handi- capped family members. Nothing in this section shall be construed as attempting to regulate homes established pursuant to Article lOll(n), Vernon's Texas Civil Statutes. SECTION 3. THAT the Code of Ordinances, City of lubbock is hereby amended by adding Section 29-7(c)(9), which section shall read as follows: (9) Group housing for handicapped persons as defined in Section 2.54a [29-3(54a)]. SECTION 4. THAT the Code of Ordinances, City of lubbock is hereby amended by adding Section 29-7(d)(9), which section shall read as follows: - 5 - (9) Group housing for handicapped persons in a shared residential living arrangement which provides a family-type environment for 5 or more handicapped persons, supervised by one or more primary care givers, as further defined in Section 2.54a [29-3(54a)] a and b, and subject to compliance with the permit conditions listed in Section 29-30(b)(7), save and except Section 29- 30(b)(7) b. SECTION 5. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by repealing the whole of Section 29-28(f)(2)m, which refers to group housing for mentally retarded persons. SECTION 6. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed One Thousand and No/100 Dollars ($1,000.00) per day as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock, and each day shall be a separate 1 violation. SECTION 7. THAT should any section, paragraph, 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 8. THAT the City Secretary is hereby authorized and directed 1 to cause publication 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 22nd day of October , 1991. Passed by City Council on second reading this 14th day of November 1991. d:. (!. _(} . B.t.McM~~ - 6 - I ~ ! R-.102.1 THE STATE OF TExAS COUNTY OF L,-UBBOCK . Before me 0 n Y a Hen r Y • :. Notary Public in and for Lubbock County, Texas on this day personally appeared I. J • Au f 1 I I • A c c 2. u n t _M 9 n a I! e. r · of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal ..;. Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri-or to the flfSt insertion of this _ ......... l..:;.e~~:.f!.aa..~.l--~.~n'-Wo_.t .... t....,c....s;e __________________ _ ------:----:----:--:" ___ no. 800726 at Lubbock County, Texas and the attached print- ed copy of the I e fi! a I not i.e e is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:-.Pbii.Ua'-¥v~.___.3...,6~-t. ti...--C2;...;3;z..:,...__3~..:9z...:9:z..1.~..-_____ _,;. _____ _ 451 wa 1.06 = 478.06 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi.l:l.s ___,2=:..;5;~--__ _.