THE CITY OF NEVADA

ZONING ORDINANCE NO. __04-05__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA, TEXAS AMENDING SECTION 16 OF ZONING ORDINANCE NO. 00-02 OF THE CITY OF NEVADA; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS,the City of Nevada is a Type A, General Law municipality; and

WHEREAS,the City Council may adopt ordinances not inconsistent with state law that the governing body deems proper for the government of the municipality; and

WHEREAS,Chapter 211 of the Texas Local Government Code provides for the adoption of zoning and planning regulations; and

WHEREAS,Chapter 212 of the Texas Local Government Code provides for the regulation of subdivisions; and

WHEREAS,the City Council deems it desirable and proper to amend Zoning Ordinance No. 00-02 consistent with state law.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEVADA, TEXAS:

Section 1.

That the above recitals are hereby found to be true and correct and incorporated herein for all purposes.

Section 2

Section 16.1 of Zoning Ordinance No. 00-02, is hereby amended read as follows:

’16.1 No building permit shall be issued in any zoning district for any use for which a specific use permit is required under the ordinance until a specific use permit has been approved and granted as provided herein. Except as otherwise provided in Section 5 of this chapter, those uses indicated by an 'S’ in Table 6-3 of this chapter shall require the approval of a specific use permit, and shall comply with the requirements of this chapter.’

Section 3

Severability

If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of provisions thereof, other than the part so decided to be invalid or unconstitutional.

Section 4

Repeal of Conflicting Ordinances

All ordinances, orders or resolutions heretofore passed and adopted by the City Council of the City of Nevada, Texas, are hereby repealed to the extent that said ordinances, orders and resolutions, or parts thereof, are in conflict herewith.

Section 5

Effective Date

Inasmuch as this is a zoning ordinance for the purpose of promoting the pubic health, safety and general welfare, the City Council finds and determines that the passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety, and shall become effective on and after the date of its adoption by the City Council.

APPROVED AND ADOPTED THIS ______DAY OF ______, 2004

CITY OF NEVADA

BY: ______

RICHARD A. CALDWELL

Mayor

ATTEST:

BY: ______

Jeanne Davis

City Secretary

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