ORDINANCE NO.8278

 

AN ORDINANCE AMENDING SECTION 20-403 PERTAINING TO THE NONRESIDENTIAL DISTRICT USE TABLE PERMITTING EXTENDED CARE FACILITIES, GENERAL BY SPECIAL USE PERMIT IN THE IBP (INDUSTRIAL/BUSINESS PARK) ZONING DISTRICT BY INCORPORATING BY REFERENCE THE “DEVELOPMENT CODE OF THE CITY OF LAWRENCE, KANSAS, TEXT AMENDMENTS TA-04-02-08 EDITION” PREPARED BY THE LAWRENCE-DOUGLAS COUNTY METROPOLITAN PLANNING OFFICE, AND REPEALING THE EXISTING SECTION

 

WHEREAS, the Lawrence-Douglas County Metropolitan Planning Commission has previously approved text amendments to Sections 20-403 of the Development Code of the City of Lawrence, to permit Extended Care Facilities, General by Special Use Permit in the IBP District pursuant to the authority granted by the Kansas Statutes; and

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission, on May 19, 2008 recommended that the Development Code of the City of Lawrence , Kansas be amended to incorporate said amendment; and

 

WHEREAS, The City Commission approved said amendments to the Development Code of the City of Lawrence, Kansas on June 3, 2008; and

 

          WHEREAS, pursuant to the provisions of K.S.A. Chapter 12, Article 7, and further pursuant to K.S.A. 12-741 et seq., K.S.A. 12-3009 through 12-3012, K.S.A. 12-3301 et seq., and the Home Rule Authority of the City as granted by Article 12, § 5 of the Kansas Constitution the City of Lawrence is authorized to adopt by ordinance and by incorporation by reference, planning and zoning laws and regulations.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

            SECTION I.  The above stated recitals are by reference incorporated herein, and shall be as effective as if repeated verbatim.

 

            SECTION II. The Governing Body of the City of Lawrence, Kansas  herby finds that the statutory provisions for the adoption of Development Code text amendments has been fully complied with, in consideration and adoption of the “Development Code of the City of Lawrence, Text Amendments TA-04-02-08 Edition” is hereby adopted as presented to the Governing Body of the City .

 

            SECTION III.  That the “Development Code of the City of Lawrence, Text Amendments TA-04-02-08 Edition” prepared compiled, published and promulgated by the Lawrence-Douglas County Metropolitan Planning Office  is hereby incorporated by reference as if fully set forth herein, and shall be known as the “Development Code of the City of Lawrence, Text Amendments TA-04-02-08 Edition.”  At least one copy of said text amendments shall be marked or stamped as “Official Copy as Adopted by Ordinance No. 8278“ with all sections or portions thereof intended to be omitted clearly marked to show any such omission or showing the sections, articles, chapters, parts or portions that are incorporated, as the case may be, and to which shall be attached a copy of this ordinance, and filed with the City Clerk, to be open to inspection and available to the public at all reasonable business hours. The police department, municipal judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such “Development Code of the City of Lawrence, Text Amendments TA-04-02-08 Edition” marked as may be deemed expedient. 

 

SECTION IV. That section 20-403 of the Development Code of the City of Lawrence, and all heretofore adopted amendments thereto is hereby repealed it being the intent that the provisions of this ordinance supersede the repealed code provisions.

 

SECTION V.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

 

            SECTION VI.  This ordinance shall take affect and be in force from and after its passage and publication as provided by law.

 

Passed by the Governing Body this 10th day of June, 2008.

 

APPROVED:

 

 

_______________________

Michael Dever

Mayor

 

ATTEST:

 

 

_______________________________________

Frank S. Reeb, City Clerk

 

 

 

APPROVED AS TO FORM AND LEGALITY:

 

 

______________________________________

Toni Ramirez Wheeler

Director of Legal Services

 

 

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.