HomeMy WebLinkAbout95-3062348
SERVICE STATION ISLANDS AND CANOPIES
ORDINANCE NO. 95-3062
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PLAINVIEW, TEXAS TO AMEND SECTION 34:3, SPECIAL FRONT
YARD REGULATIONS, PARAGRAPH 14 AND SECTION 34:4, SIDE
YARD REGULATIONS, PARAGRAPH 6, TO ALLOW REPLACEMENT
OF PUMPS AND ADDITION OF CANOPIES ON DEVELOPED LOTS
WITH EXISTING SERVICE STATION STRUCTURES AND ISLANDS;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY
CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Ordinance No. 89-2798, known as the City of Plainview Zoning Ordinance, sets
forth in section 34, Front and Side Yard Regulations; and
WHEREAS, the City Council of the City of Plainview recognizes that a need exists to amend
Section 34 of the Zoning Ordinance; and
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, notice of time and place of this public hearing was published in the Plainview
Dally Herald before the 15th day prior to the hearing date; and
WHEREAS, said hearing was held in the City Council Chambers of the City Hall, Plalnview,
Texas, at which time persons appeared in support of the proposal; and after said hearing, it was
determined by the City Council that it would be in the public interest to, due to changed
conditions, amend the zoning ordinance in the manner hereinafter set forth in the body of this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas
that:
SECTION I.
The City of Plainview Zoning Ordinance shall be amended as follows:
SECTION 34:3 Special Front Yard Regulations
15. On developed lots with existing service station structures and islands, the City
Manager or his/her designee may approve the replacement of pumps at existing setbacks
with the addition of canopies as long as neither encroaches the front or side property
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lines. If administration does not approve the replacement of the pumps or the addition
of a canopy due to any health, safety, fire or code concern, the property owner can
appeal the decision to the Board of Adjustment.
SECTION 34:4 Side Yard Regulations
6. a. On developed lots with existing service station structures and islands, the City
Manager or his/her designee may approve the replacement of pumps at existing setbacks
with the addition of canopies as long as neither encroaches the front or side property
lines. If administration does not approve the replacement of the pumps or the addition
of a canopy due to any health, safety, fire or code concern, the property owner can
appeal the decision to the Board of Adjustment.
SECTION II.
If any section, subsection, sentence, clause, phrase, of 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 IH.
Provisions of this ordinance are cumulative and nothing herein shah prevent, alter, or diminish
the applicability or enforcement of other ordinances restricting, regulating, or governing the
subject matter herein.
SECTION IV.
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 V.
This ordinance shall be of full force and effect upon its passage.
PASSED AND APPROVED THIS 28th DAY OF NOVEMBER, 1995.
ATTEST:
Karen McBeth, City Secretary
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Lloyd Woods, Mayor
APPROVED AS TO FORM:
V~a~ly
Hat~fi, y ttorney
APPROVED AS TO CONTENT:
Ches Carthel, Director of Public Works
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