HomeMy WebLinkAbout95-30653,54
CARPORT REGULATIONS
ORDINANCE NO. 95-3065
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PLAINVIEW, TEXAS, TO AMEND SECTION 3:31, DEFINITIONS
AND SECTION 37:2, POWERS & DUTIES OF BOARD OF ADJUSTMENT,
TO AUTHORIZE CONSTRUCTION OF A CARPORT, PORCH OR
SIMILAR OPEN STRUCTURE IN THE MINIMUM FRONT YARD
REQUIRED IN A SINGLE FAMILY RESIDENCE, TO A LIMITED
EXTENT, GIVEN CERTAIN SPECIFIC CONDITIONS AND GENERAL
CONSIDERATIONS;: 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 3, Definitions and section 37, Powers and Duties of the Board of Adjustment;
and
WHEREAS, the City Council of the City of Plainview recognizes that a need exists to amend
section 3 and section 37 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
Daily 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, Plainview,
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 3: DEFINITIONS
3:31 CARPORTS: A structure open on a minimum of three (3) sides
1 of 3
355
Section 37:2
designed or used to shelter the owner's vehicle(s).
POWERS & DUTIES OF BOARD
Authorize the construction of a carport, porch or other similar open
structure in the minimum front yard required for a single family residence
subject, but' not limited to any and/or all of the following:
1. It is deemed by the board there is no other practical location on the
property;
2. It is deemed by the board that the carport, or similar structure will not
negatively affect other nearby properties;
3. It is deemed by the board that the lot is smaller with less space
available for parking;
4. It is deemed by the board that the materials and design conforms to the
neighborhood and meet building code regulations;
5. It is deemed by the board the existing structure does not conform to the
setbacks pursuant to existing Zoning Ordinance guidlines.
6. Consideration of responses from neighbors within the 200 feet radius;
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 HI.
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 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
DAY OF NOVEMBER, 1995.
2 of 3
356
ATTEST:
~.~..~ ~)~ ~//~_~5/
K~ren McBeth, City Secretary
Lloyd Woods, Mayor
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
/ i
Wally Hatch, City Attorney
Chester Carthel, Director of Public
Works
3 of 3