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ZON lNG Section 8 Use Chart, Office, Retail, Commercial and Service Type Uses
ORDINANCE NO. 02-3347
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS,
AMENDING THE USE CHART IN SECTION 8.1 OF THE
PLAINVIEW ZONING ORDINANCE NO.
REGARDING REQUIREMENTS FOR
ESTABLISHMENTS; SEVERABILITY
CUMULATIVENESS CLAUSE; CONFLICTS
EFFECTIVE DATE.
89-2798;
MASSAGE
CLAUSE;
CLAUSE;
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, Section 455.005 of the Texas Occupation Code states that a political
subdivision may not adopt a regulation that is more restrictive for massage therapists or
massage establish merits than for other health care professionals or establishments; 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 massage establishments, to conform with
regulations on other health care professionals or establishments,
NOW, THEREFORE, The City of Plainview hereby ordains, that:
SECTION I.
The Zoning Chart shall be amended as follows:
OFFICE, RETAIL. COMMERCIAL AND SERVICE TYPE USES
TYPE OF USE Note A R- R- R- 2F SF- MF- MF- MH-1 MH-2 U O C-1 C-2 CB C-3 M-1 M-2
1L I 2 A I 2
Massage Establishment
y Y S Y Y Y
Ordinance No. 02-3347
Massage Establishments
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SECTION II.
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 ill
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 ON FIRST READING this 27t~ day of August, 2002.
PASSED AND APPROVED ON SECOND READING this 10th day of September, 2002.
Belinda Hinojosa, City Secre~t'~ry
249
APPROVED AS TO FORM:
Wall~ Hatc/h', Ci{y Attomey
~AP~°ROVE/z/~O C~ON~T~E N T:
~hn-~stro, Dir. of Comm. Dev.
Ordinance No. 02-3347
Massage Establishments
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