[1]
Editor’s note–Ordinance 19-3690, enacted April 23, 2019, adopted a new chapter 14 and repealed the prior zoning ordinance (Ordinance 89-2798, enacted July 25, 1989, as amended), which was codified as exhibit A of chapter 14. Former article 14.03, “Airports,” was redesignated as article 1.14. The article and section numbers used in the ordinance have been retained. Subsection numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. The words “this ordinance” have been changed to “this chapter.” Any material added for purposes of clarification is enclosed in brackets.
The City of Plainview Zoning Ordinance shall be known as, and may be referred to as, “the Plainview Zoning Ordinance” or “this chapter.”
(Ordinance 19-3690 adopted 4/23/19)
The Plainview Zoning Ordinance is adopted:
(1) 
Under the authority of the constitution and laws of the State of Texas, including but not limited to the following chapters of the Texas Local Government Code (TLGC) and the Texas Water Code (TWC), as amended:
(A) 
TLGC chapter 211, Municipal Zoning Authority;
(B) 
TLGC chapter 213, Municipal Comprehensive Plans;
(C) 
TLGC chapter 214, Municipal Regulation of Housing and Other Structures;
(D) 
TLGC chapter 216, Regulation of Signs by Municipalities; and
(E) 
TWC section 16.315, Political Subdivisions.
(2) 
Pursuant to the provisions of the city’s home rule charter.
(Ordinance 19-3690 adopted 4/23/19)
The purposes of this chapter and the continued presence of zoning within the city limits are to:
(1) 
Promote and protect the health, safety, comfort, convenience, prosperity and general welfare of the citizens of Plainview by assuring quality development and allowing for proper economic growth which conforms to the city’s comprehensive plan.
(2) 
Promote the stability of existing land uses that conform with the city’s comprehensive plan and protect these uses from unharmonious influences and harmful intrusions;
(3) 
Promote a harmonious, convenient, workable relationship among land uses;
(4) 
Encourage quality development through effective planning which utilizes modern innovations of urban design;
(5) 
Promote and protect the aesthetic quality of the city, by conserving and enhancing the taxable values of land and buildings throughout the city;
(6) 
Protect and enhance areas of scenic, historic or cultural importance;
(7) 
Provide adequate light and air;
(8) 
Encourage proper population densities and prevent the overcrowding of structures;
(9) 
Provide adequate protection for community investments in water, sewer, streets, schools, parks, and other community facilities;
(10) 
Promote a safe, effective traffic circulation system;
(11) 
Provide safety from fire and other dangers;
(12) 
Regulate the intensity of the use of lot areas;
(13) 
Establish setback lines designed for all districts;
(14) 
Fix standards to which buildings or structures shall conform;
(15) 
Prohibit uses, buildings, or structures incompatible with the character of such districts; and
(16) 
Provide for the gradual elimination of nonconforming uses of land, buildings and structures.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Jurisdiction.
(1) 
Unless otherwise noted all provisions of this chapter apply within the corporate limits of the City of Plainview, Texas.
(2) 
No provision of this chapter shall apply within the extraterritorial jurisdiction (ETJ) of the city.
(b) 
Zoning districts.
This chapter divides the city into zones or districts which restrict and regulate the location, construction, alteration, and redevelopment of the usage of all buildings for trade, industry, residence, and other specified uses.
(c) 
Comprehensive plan.
All approvals made by either city staff, the planning and zoning commission, and the city council shall be consistent with the most recent edition of the city’s comprehensive plan.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Enactment.
The enactment of this chapter shall repeal and replace the City of Plainview Zoning Ordinance, as adopted on July 25, 1989, by Ordinance 89-2798, replaced by Ordinance 19-3690, hereafter titled the City of Plainview Zoning Ordinance.
(b) 
Effective date.
The effective date of April 29, 2019 shall be the date when this chapter enters into the full force of law.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Development approvals predating code’s effective date.
(1) 
It is the city’s intent to respect existing zoning and land development approvals. Approved development may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval was valid and has not lapsed per section 14.11.005, Inactive and Expired Applications. This specifically includes any specific use permits which were granted prior to the adoption of this chapter.
(2) 
This section does not prevent the city from:
(A) 
Adopting or enforcing building codes; or
(B) 
Prohibiting the use of building materials that have been proven to be inherently dangerous.
(b) 
Pending applications.
(1) 
Except as provided in subsection (b)(2) below, each application for development approval shall be evaluated only by the zoning regulations and adopted ordinances in effect at the time that each complete application is submitted.
(2) 
Applications that are not pursued with due diligence may expire pursuant to section 14.11.005, Inactive and Expired Applications.
(Ordinance 19-3690 adopted 4/23/19)