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ZONING ORDINANCE - Zone Case 841
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR REZONING FROM A RETAIL ( "C -2 ") ZONING
DISTRICT TO A COMMERCIAL GENERAL BUSINESS ( "C -3 ") ZONING
DISTRICT, SAID TRACT OF LAND IS ODOM'S CORNER PLV LOT 1 -2, .554
AC THE SAME BEING 2401 N. INTERSTATE 27, CITY OF PLAINVIEW,
HALE COUNTY, TEXAS; 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 5 the requirements for amending the zoning map of the
City of Plainview, Texas; and
WHEREAS, Melanie Savage, acting agent and representative for the owner,
James R. Odom, has requested the rezoning from a Retail ( "C -2 ") Zoning District to a
Commercial General Business ( "C -3 ") Zoning District for Odom's Corner Plv Lot 1 -2, .544
AC, City of Plainview, Hale County, Texas, the same being 2401 N. 1 -27, City of
Plainview, Hale County, Texas; and
WHEREAS, the proposed rezoning as hereinafter 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, the City Council further found the request of such rezoning 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 such rezoning would not be
detrimental or injurious to the public health, safety or general welfare, or otherwise
offensive to the neighborhood, said rezoning shall be in the manner hereinafter set forth
in the body of this Ordinance.
SECTION I
The request of Melanie Savage, acting agent and representative for the owner, James
R. Odom, for the rezoning from a Retail ( "C -2 ") Zoning District to a Commercial General
Business ( "C -3 ") Zoning District for Odom's Corner Plv Lot 1- 2, .544 AC, City of
Plainview, Hale County, Texas, the same being 2401 N. 1 -27, City of Plainview, Hale
County, Texas, is approved with the stipulations listed below:
Ord. No. 13 -3595
ORDINANCE NO. 13 -3595
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
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SECTION II
The Health Sanitarian and /or his /her designee shall inspect such grooming
services as often as necessary to insure compliance with the provisions of this permit.
If such provisions of this permit are violated, then the City Council shall have the right to
revoke this Specific Use Permit.
SECTION III
1. Operate a Dog Grooming Service as defined in 9:2, paragraph 2.20 of the City
of Plainview Zoning Ordinances of which four or more dogs, cats, or other
domestic animals more than four months of age are accepted for grooming
and /or bathing and payment is received for services; and
2. All equipment used to operate such Grooming Service shall be maintained in a
good condition, safe for the purpose for which it is intended; and
3. All outside areas will be kept clean and sanitary and free of offensive odors;
and
4. Remove manure and droppings from pens, yards, cages, and other enclosures
daily and handle or dispose of the excretions in such manner as to keep the
premises free of any nuisance; and
5. Place food in impervious containers on impervious surfaces; and
6. The Health Sanitarian for the Health Department and /or his /her designee shall
be permitted to inspect any animal establishment and all animals and the
premises where such animals are kept at any reasonable time during normal
business hours to ensure compliance; and
7. Proof of a certificate of general liability insurance coverage for injury to any one
person will be shown to the City of Plainview for approval before operating such
Dog Grooming Services. Said insurance shall cover any damages arising out of
the use and operation of any and all devices and facilities operated in
connection with such grooming services.
The purpose of this Ordinance is to protect the public interest and to reduce
dangers to the public. The issuance of this Specific Use Permit shall not constitute a
guarantee or warranty that the equipment and operation of such grooming services is
safe and free of defects.
SECTION IV
Any person, whether owner, lessee, principal, agent, employee, or otherwise,
who violates this Ordinance shall be liable for such violation and fined in accordance to
Ord. No. 13 -3595
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SECTION V
SECTION VI
the City of Plainview Zoning Code of Ordinances, Section 41, Violations and Penalties.
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.
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 VII
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.
SECTION VIII
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 9 day of April, 2013.
PASSED AND APPROVED on second reading this 23 day of April, 2013.
ATTEST:
Belinda Hinojosa, City Secre
Ord. No. 13 -3595
2401 N. 1-27
endell Dunlap, Mayor
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APPROVED AS TO CONTENT:
Todd Kennemer
Community Development Manager
APPROVED AS TO FORM:
Ord. No. 13 -3595
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