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ZONING ORDINANCE -
ORDINANCE NO. 18-3684
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR THE CHANGE OF ZONING FROM A RESIDENTIAL
ZONING DISTRICT ("R-1") TO A COMMERCIAL GENERAL BUSINESS ("C-2")
ZONING DISTRICT. SAID TRACT OF LAND IS LOT 1, THRUSTON
SUBDIVISION, UNIT NO. 1, CITY OF PLAINVIEW, HALE COUNTY, TEXAS;
CUMULATIVENESS CLASS; CONFLICTS CLAUSE; SEVERABILITY CLASS;
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, Dr. Stephen Kent Webb, applicant, and property owner, have requested
the change of zoning from a Residential Zoning District ("R-1") to a Commercial General
Business ("C-2") Zoning District for Lot 1, Thruston Subdivision, Unit No. 1, City of Plainview,
Hale County, Texas; the same being 315 Ennis St., 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 issue in the manner hereinafter set
forth in the body of this Ordinance;
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
SECTION I
The request of Dr. Stephen Kent Webb applicant, and property owner, for the change of
zoning from a Residential Zoning District ("R-1 ") to a Commercial General Business ("C-2")
Zoning District for Lot 1, Thruston Subdivision, Unit No.1, City of Plainview, Hale County,
Texas; the same being 315 Ennis St., City of Plainview, Hale County, Texas is approved.
Ordinance No. 18-3684 RZ — 315 Ennis St. Page 1 of 3
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SECTION II
Code Enforcement officers shall have the right to enter such premises to make an
inspection or acquire information to determine if the premises and use of the premises
complies with this Ordinance.
SECTION III
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 the
City of Plainview Zoning Code of Ordinances, Section 41, Violations and Penalties.
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
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.
Ordinance No. 18-3684 RZ — 315 Ennis St. Page 2 of 3
IN
PASSED AND APPROVED on first reading this 25th day of September, 2018.
PASSES AND APPROVED on second reading this 4th day of October, 2018.
Wendell Dunlap, Mayor
ATT ST:
& /T-�—
Belinda Hind' a, City Secretary
APPROVED AS-TO/CONTENT:
"Community Development Manager
APPROVED AS TO FORM:
,M�,4,Lz
Matt ade, City Attorney
Ordinance No. 18-3684 RZ — 315 Ennis St. Page 3 of 3