HomeMy WebLinkAbout00-3272ZONING Section 8 Use Ch~rt/& Section 9, Education, Institutional and Special Uses
ORDINANCE NO. 00-3272
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS,
AMENDING THE USE CHART IN SECTION 8.1 AND
DEFINITIONS 2.29 AND 2.30 IN SECTION 9 OF THE
PLAINVIEW ZONING ORDINANCE NO. 89-2798;
REGARDING REQUIREMENTS FOR REHABILITATION
CARE FACILITY AND REHABILTITATION CARE
INST~UTION; SEVERABILITY CLAUSE;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE;
EFFECTIVE DATE.
WHEREAS, the proposed change in the Zoning Ordinance as herein after made has been duly
presented to the Planning and Zoning Commission for its recommendation which was received by the
City Council; and
WHEREAS, from time to time it is advisable to review the Zoning Ordinance and update
uses; and
WHEREAS, ~the Fair Housing act prohibits discrimination on the basis of race, color, religion,
sex, national origin, familial status, and disability; and
WHEREAS, the Texas Human Resources Code Sec. 123.003 et seq. States that community
homes that serve no more than six (6) disabled persons and two supervisors, and meet state licensing
requirements, are automatically entitled to locate in all residential districts, and
WHEREAS, it is found to be in the best interests of the City of Plainview to amend the zoning
ordinance use chart as it applies to said homes,.
NOW, THEREFORE, The City of Plainview hereby ordains, that:
SECTION I.
The Zoning Chart shall be amended as follows:
EDUCATION, INSTITUTIONAL, AND SPECIAL USES
TYPE OF USE Note A
1 2 A 1 2
Rehabilitation Care Facility 2.39 $ $ $ $ S $ $ $ $ $
Y Y Y Y Y Y Y Y Y Y
RehabilitatiOn Care Institution 5..30 S S
SECTION II.
Ordinance No. 00-3272
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SectiOn 3. DEFINITIONS:
3:56. FAMILY: An individual or group of two or more persons related by blood, marriage,
adoption, or guardianship including foster children, exchange students, and servants together with not
more than two additional persons not related by blood, marriage, or adoption to the previously
identified individual or group, living together as a single housekeeping unit in a dwelling or a Family
Home for the Disabled as defined by the Community Homes Disabled Persons Location Act, Article
101 In of the Vernon=s Civil Statutes, as it presently exists or may be amended in the future, but not
including household care .... ~'~-;';~;~- faciliti
............... ~,~ C~,2r O~es.
SECTION m.
Section 9.2 EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USES is amended as follows:
2.29 REHABILITATION CARE FACILITY: A dwelling unit which provides residence and
care to not more than aiae-(9)-six (6) persons, regardless of legal relationship, who have demonstrated
a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living
together with not more than two supervisory personnel as a single housekeeping unit.
2.30 REHABILITATION CARE INSTITUTION: A facility which provides residence and
care to more-than tea-OO)-seven (7) or more persons, regardless of legal relationship, who have
demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal
conduct living together with not more than two supervisory personnel.
SECTION IV
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining provisions thereof.
SECTION V.
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the
applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter
herein.
SECTION VI.
All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith, are
herebY amended to conform with the provisions hereof.
SECTION VH.
This ordinance shall be of full force and effect upon its passage.
PASSED AND APPROVED THIS 14th DAY OF NOVEMBER, 2000.
Ordinance No. 00-3272 Page 2 of 3
APPROVED AS TO FORM:
Wally Hat~, City Attorney
ATTEST:
Christina Bonner, Deputy City Secretary
John~'~ffo
Ordinance No. 00-3272
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