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ZONING ORDINANCE - Zone Case 852
ORDINANCE NO. 14-3613
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 PARCELS
BEING 609 CR Y AND 615 CR Y, 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 33 the requirements for obtaining a Specific Use Permit,
and
WHEREAS, Randy Ware, acting agent and representative for Larry Rollins of
Rollins Well Equipment Co., has requested a Specific Use Permit to operate a Portable
Building Sales Business in the Commercial General Business ("C-3") Zoning District said
parcels being 131.1 feet x 150.6 feet out of the Southeast part of the Pre L S Kinder -
Abstract 638, known as 609 CR Y; and South of Railroad out of the East Part of Pre L S
Kinder - Abstract 638, known as 615 CR Y, City of Plainview, Hale County, Texas; 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
Comprehensive 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 Comprehensive Plan of the City and contains
requirements and safeguards necessary to protect adjoining property owners; 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 issue in the
manner hereinafter set forth in the body of this Ordinance.
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
Ordinance No. 14-3613
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SECTION I
The request of Randy Ware, acting agent and representative for Larry Rollins of
Rollins Well Equipment Co., for a Specific Use Permit to operate a Portable Building Sales
Business in the Commercial General Business ("C-3") Zoning District said parcels being
131.1 feet x 150.6 feet out of the Southeast part .45 acres of the Pre L S Kinder - Abstract
638, known as 609 CR Y; and South of Railroad 1 acre out of the East Part of Pre L S
Kinder - Abstract 638, known as 615 CR Y, City of Plainview, Hale County, Texas is
approved.
SECTION 11
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
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.
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
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
Ordinance No. 14-3613
ZC 852 Page 2 of 3
103
104
either of the Texas Constitution or the Constitution of the United States purpose.
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 1-e day of July, 2014.
PASSED AND APPROVED on second reading this 12th day of August, 2014.
Wendell Dunlap, Mayor
ATT - T:
1
Belinda Hinojosa, Cit retary
APPROVED AS TO CONTENT:
Jeffrey S er anag
APPROVED AS TO FORM:
Leslie Spear, City Attorney
Ordinance No. 14-3613
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