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
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
SECTION IV. That section
20-403 of the Development Code of the City of
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.