HomeMy WebLinkAbout03-3386 ord120
ZONING Radio, Television, and Microwave Towers
ORDINANCE NO. 03-3386
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, HALE COUNTY,
TEXAS, AMENDING SECTION 8:37 RADIO, TELEVISION, AND
MICROWAVE TOWERS REGULATIONS OF THE ZONING ORDINANCE
89-2798; REGARDING REQUIREMENTS FOR LOCATION OF RADIO,
TELEVISON AND MICROWAVE TOWERS; CUMULATIVENESS
CLAUSE; CONFLICT CLAUSE; SEVERABILITY CLAUSE; AND
EFFECTIVE DATE.
WHEREAS, the proposed amendment, as hereinafter made, has been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council; and
WHEREAS, the City Council has determined that the Zoning Ordinance, 89-2798,
of the City of Plainview should be amended to clarify where and under what conditions a
political subdivision may locate a radio, television, and microwave tower; and
WHEREAS, said hearing was held in the Council Chambers of the City Hall,
Plainview, Texas, at which time persons appeared in support of or against said proposal;
and
WHEREAS, it was determined by the City Council that this amendment would not
be detrimental or injurious to the public health, safety or general welfare, or otherwise
offensive to the neighborhood, said amendment shall be in the manner hereinafter set
forth in the body bf this Ordinance;
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
Section 8:3.7 Radio, Television, and Microwave Towers, paragraph 2, be amended to
add, as follows:
2. A Tower shall be permitted use of land in zoning districts as stated forth in Section
Eight (8) USE OF LAND AND BUILDINGS.
Exceptions: A political subdivision, which, shall include but not be limited to cities,
counties and educational institutions, may locate a radio, television, or microwave tower
as defined in Section 9.3, paragraph 3.5 (Radio, Television, or Microwave
Communications Operations, Amateur) and 3.6 (Radio, Television, or Microwave
Communications Operations, Commercial) of this code, subject to the provisions of
Section 8:3.7 of this code.
Ordinance No. 03-3386
Zoning
Radio, Telephone and Microwave Towers
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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.
Should any section, subsection, or any portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, sub-section,
sentence, provision, clause, phrase, or word severable there from and the same shall be
deemed severable for this purpose,
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 the 24th day of June, 2003.
PASSED AND APPROVED on second reading this the 8th day of July, 2003.
Belinda Hinojosa, City Secretary
J o h r~a§tFo,"Dir~ m u n Ry Services
APPROVED AS TO FORM:
Wally Hatch,i City Attorney
Ordinance No. 03-3386
Zoning
Radio, Telephone and Microwave Towers
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