HomeMy WebLinkAboutOrd No. 12-3588232
ZONING ORDINANCE - Zone Case 835
ORDINANCE NO. 12 -3588
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE
A PORTABLE BUILDING SALES BUSINESS IN THE HEAVY
INDUSTRIAL ( "M -2 ") ZONING DISTRICT, SAID PARCEL BEING LOTS 7-
9, BLOCK 11 OF THE MCCLELLAND ADDITION, CITY OF PLAINVIEW,
HALE COUNTY, TEXAS, THE SAME BEING 703 EAST FIFTH STREET;
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 33 the requirements for obtaining a Specific Use Permit;
and
WHEREAS, Charles Humphreys has requested a Specific Use Permit to operate
a Portable Building Sales Business in the Heavy Industrial ( "M -2 ") Zoning District, said
parcel being Lots 7 -9, Block 11 of the McClelland Addition, City of Plainview, Hale
County, Texas, the same being 703 East 5 111 Street; and
WHEREAS, the proposed issuance of a Specific Use Permit, as herein after
made, has been duly presented to the Planning and Zoning Commission for its
recommendation, and they found that the use is in general conformance with the
Master Plan and contains requirements and safeguards necessary to protect adjoining
property owners; and
WHEREAS, upon the Planning and Zoning Commission's recommendation to the
City Council that said Specific Use Permit be granted, the City Council heard such
recommendation and heard persons appearing in support or against such proposal in the
Council Chambers of City Hall, Plainview, Texas; and
WHEREAS, the City Council determined that such Specific Use Permit is in
general conformance with the Master Plan of the City and contains requirements and
safeguards necessary to protect adjoining property owners; and
WHEREAS, the City Council further found the request of such permit is consistent
with the goals, policies, and future land use map of the Master Plan for the City of
Plainview, Texas; and
WHEREAS, the City Council determined that issuance of the Specific Use Permit
would not be detrimental or injurious to the public health, safety or general welfare, or
otherwise offensive to the neighborhood, said Specific Use Permit shall be issued in
the manner hereinafter set forth in the body of this Ordinance.
Ordinance No. 12 -3588
SUP -703 E. 5 Page 1 of 3
SECTION I
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
The request of Charles Humphreys for a Specific Use Permit to operate a Portable
Building Sales Business in the Heavy Industrial ( "M -2 ") Zoning District, said parcel being
Lots 7 -9, Block 11 of the McClelland Addition, City of Plainview, Hale County, Texas, the
same being 703 East 5 Street, is approved.
SECTION II
Such rights and privileges under this permit shall terminate at such time any
interruption or cessation of the use granted by this Specific Use Permit occurs for a period
of one (1) year or more.
SECTION III
SECTION IV
SECTION VI
Such permit shall be revoked, modified, or suspended for the following reasons:
1. Violation of City, State, and /or federal laws and regulations;
2. Permit obtained by fraud;
3. Use executed contrary to the conditions of its approval; or
4. Use permitted exercised so as to be detrimental to the public health, safety,
or welfare or as to constitute a nuisance.
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 V
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
Severability is intended throughout and within this Ordinance. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A constitutional
construction hereof is intended and shall be given. There is not intent herein to violate
either of the Texas Constitution or the Constitution of the United States purpose.
Ordinance No. 12 -3588
SUP -703 E. 5 Page 2 of 3
233
234
SECTION VII
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 27 day of November, 2012.
PASSED AND APPROVED on second reading this 11 day of December, 2012.
Wendell Dunlap, Mayor
ATTE
Belinda Hinojosa, City retary
APPROVED AS TO CONTENT:
Jeffrey S . der, istant City Manager
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attorney
Ordinance No. 12 -3588
SUP -703 E. 5 Page 3 of 3