HomeMy WebLinkAbout13-3593 ord258
ZONING ORDINANCE - Zone Case 838
ORDINANCE NO. 13 -3593
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 COMMERCIAL
GENERAL BUSINESS (C -3) ZONING DISTRICT, SAID PARCEL BEING
UNIT 1,_LOT 1, OF THE WEST END ADDITION, CITY OF PLAINVIEW,
HALE COUNTY, TEXAS, THE SAME BEING 1000 NORTH INTERSTATE -
27; 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, David Murphree, owner of Apex Plumbing, Heating and Air, has
requested a Specific Use Permit to operate a Portable Building Sales Business in the
Commercial General Business (C -3) Zoning District, said Parcel Being West End
Addition, Unit 1, Lot 1, 218.35', City of Plainview, Hale County, Texas, the same being
1000 North Interstate -27; 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. 13 -3593
ZC838- SUP 1000 N IH27 Page 1 of 3
1
1
1
1
1
SECTION I
The request of David Murphree, owner of Apex Plumbing, Heating and Air for a
Specific Use Permit to operate a Portable Building Sales in the Commercial General
Business (C -3) Zoning District, said Parcel Being West End Addition, Unit 1, Lot 1,
218.35', City of Plainview, Hale County, Texas, the same being 1000 North Interstate -27
is approved; and
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
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
Such permit shall be revoked, modified, or suspended for the following reasons:
SECTION IV
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.
SECTION VI
(1) Violation of City, State, and /or federal laws and regulations;
(2) Permit obtained by fraud;
(3) If seven (7) or more portable buildings are displayed outside of the main
building at one time;
(4) Use executed contrary to the conditions of its approval; or
(5) Use permitted exercised so as to be detrimental to the public health, safety,
or welfare or as to constitute a nuisance.
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
Ordinance No. 13 -3593 ZC838- SUP 1000 N IH27 Page 2 of 3
259
260
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.
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 26 day of March ,2013.
PASSED AND APPROVED on second reading this 9 day of April, 2013.
ATT ST:
Belinda Hinojosa, City Secre
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Todd Kennemer,
Community Development Director
Leslie Spear Pearce, ` ity Attorney
Ordinance No. 13 -3593 ZC838- SUP 1000 N IH27
Dun M r
Wen u ap, Mayor
Page 3 of 3
1
1
1