Clifton City Zoning Code
GENERAL PROVISIONS
§ 159.01 DEFINITIONS.
The word “building” shall include the word “structure”; the word “lot” includes the word “plot”, and the word “shall” is mandatory and not merely permissive or directory. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDINGS AND USE. A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An ACCESSORY USE is one which is incidental to the main use of the premises.
ALLEY. A public, or private thoroughfare, which affords only a secondary means of access to property abutting thereon.
APARTMENT. A room or suite of rooms in a multiple dwelling, or in a building in which more than one living unit is established above the same floor, or on the same, floor as, non-residential uses, which room or suite is intended, or designed for use as a residence by one family; and which includes culinary accommodations.
APARTMENT HOUSE. A building or portion whereof used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartments and apartment hotels.
BOARDINGHOUSE. A building, other than a hotel, where or compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.
BUILDING. Any structure designed or intended for support, enclosure, shelter and protection of persons, animals, chattels or property.
CLINIC. An office or group of offices for one or more physicians, surgeons or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.
DISTRICT. A section or sections of the city, for which regulations governing the use of buildings and premises, the heights of buildings, the size of yards and the intensity of use are uniform.
DWELLING. Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, FAMILY-DUPLEX. A building having accommodations for and occupied exclusively by two families.
DWELLING, MULTIPLE. A building having accommodations for and occupied exclusively by more than two families.
DWELLING, SINGLE-FAMILY. A building having accommodations for and occupied exclusively by one family.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house or hotel, as herein defined.
FILLING STATION, SERVICE STATION. Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, or retail store, the premises are classified as a public garage or retail store.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abut on one side between an intersecting street and the dead-end of the street.
GARAGE, PRIVATE. An accessory building or portion of the main use building designed for or used for the housing of motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one of the vehicles may be a commercial vehicle and of not more than one and one-half tons’ capacity.
GARAGE PUBLIC. A building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.
GRADE.
(1) (a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(b) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
(c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior of the buildings.
(2) Any wall approximately parallel to and not more than five feet from the street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the city’s Building Inspector.
HEIGHT OF BUILDING. The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, to the mean height level between the eaves and ridge of gable, hip and gambrel roofs.
HOME OCCUPATION. Any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of a retail business, and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his or her private residence. HOME OCCUPATION shall include, in general, personal services such as furnished by an architect, lawyer, physician, dentist, musician, artist and seamstress, when performed by the person occupying the building as his or her private dwelling and not including a partnership or the employment of more than one assistant in performance of such services.
HOTEL. A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house or an apartment house, which are herein defined.
LODGING HOUSE. A building or place where lodging is provided (or which is equipped to provide lodging regularly) by prearrangement for definite periods, for compensation, for three or more persons in contradistinction to hotels open to transients.
LOT. A parcel of land occupied or intended for occupancy by and use permitted in this chapter, including one main building with its accessory buildings, the open spaces and parking spaces required by the chapter, and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
NON-CONFORMING. Any building or land lawfully occupied by a use at the time of passage of this chapter or amendment thereto, which does not conform after the passage of this chapter or amendment thereto with the use regulations of the district in which it is situated.
PARKING SPACE. An area enclosed or unenclosed containing not less than 160 square feet exclusive of the driveways connection said space with a street or alley. Said PARKING SPACE and connection driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile.
STORY. The portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STREET. A public thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
STRUCTURE. Any thing constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting, the general inclusiveness of the foregoing, advertising signs, poster boards and pergolas.
TRAILER. Any structure used for living, sleeping, business or storage purposes having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which is, has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term TRAILER shall include camp car and house car. For the purpose of this chapter, a TRAILER is a single-family dwelling and shall conform to all regulations therefor when not located in a trailer camp, as herein defined.
TRAILER CAMP, TRAILER COACH PARK. A lot or tract of land where facilities and accommodation are provided by the day, week, month or for a longer period of time, for or without compensation, for two or more trailers when such trailers are being used for human habitation.
TOURIST COURT (AUTO COURTS). A group of attached, semi-detached or detached buildings containing individual sleeping units or living units, designed for or used temporarily by automobile tourists or transients with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer-term rental rates and maintaining a register of guests and lot for their vehicles.
YARD. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the front of the main building or any projection thereof other than the projection of the usual steps, unenclosed balconies or open porch.
YARD, REAR. A yard extending across the rear of a lot, measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps, unenclosed balconies or unenclosed porches. On corner lots, the REAR YARD shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the yard shall, in all cases, be at the opposite end of a lot from the front yard.
YARD, SIDE. A yard between the main building and the side line of the lot and extending from the front line to the rear yard line.
(2012 Code, § 93-1)
§ 159.02 DISTRICTS ESTABLISHED; EXCEPTIONS.
(A) (1) For the purpose of regulating and restricting the heights and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes, the city is hereby divided into districts of which there shall be six classes in number and which shall be known as:
(a) “R-1” Single-Family Dwelling District;
(b) “R-2” Multi-Family Dwelling District;
(c) “R-3” Mobile Homes;
(d) “C-1” Commercial-1 District;
(e) “C-2” Commercial-2 District; and
(f) “M-1” Manufacturing District.
(2) The boundaries of the districts described above are shown on the map on file in the City Clerk’s office and made a part of this chapter, which map is designated as the “Zoning District Map”. Said district map and all notations, references and other information shown thereon, are made a part of this chapter and shall have the same force and effect as if said map and said data thereon were fully set forth or described herein. Said map shall, on its face, be identified and verified in the manner following: It shall bear the title “ZONING DISTRICT MAP Clifton, Texas”; it shall bear even date with the passing of this chapter; it shall bear the name of the Mayor; and it shall be attested by the signature of the City Clerk. The original of said map shall be kept in a proper place in the municipal building.
(3) Whenever any street, alley or other public way is lawfully vacated by the Council of the city, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated area and thereafter all land included in said vacated area shall be subject to all applicable regulations of the extended districts.
(4) All territory hereafter annexed to the city shall be classified as “R-1”, One- Family Dwelling District, until permanently zoned by the governing body of the city. The city’s Planning and Zoning Commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning applications, except as hereinafter provided.
(a) No building shall be erected, converted, enlarged, reconstructed or structurally altered, and no building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated.
(b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is situated.
(c) The minimum yards and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of the passage of this chapter or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this chapter.
(d) Every building hereafter erected or structurally altered shall be on a lot, as herein defined, and in no case shall there be more than one main building on one lot, except as otherwise provided in this chapter.
(2012 Code, § 93-2)
(B) (1) Use regulations.
(a) Accessory buildings. No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.
(b) Railroad rights-of-way. On all existing rights-of-way or railroad companies, regardless of the zoning district in which such rights-of-way are located, railroad track accessories to railroad movement may be constructed or maintained.
(2) Area and density regulations.
(a) In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building; provided that, the part of the building intended for residential use is not more than two rooms deep from front to rear.
(b) No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings, except for accessory buildings in the rear yard and except for the ordinary projection of skylights, sills, belt courses, cornices and other ornamental features which may project into yards a distance of not more than two feet.
(c) Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required side yard; provided, these projections be a distance of at least two feet from the adjacent side lot line.
(3) Front yards; vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structure shall be permitted more than three feet above curb level within 15 feet of the intersection of the property lines.
(4) Side yards.
(a) A side yard of not less than 25 feet on the side of the lot adjoining on an R-1 or R-2 District shall be provided for all schools, libraries, churches, community houses, clubs and other public or semi-public buildings hereafter erected or structurally altered.
(b) Where a lot in the C-1 or C-2 or I Districts is not used for residential purposes and abuts upon R-1 or R-2 Districts, a side yard shall be provided of not less than five feet.
(5) Rear yard.
(a) In the R-1 or R-2 Districts, accessory buildings shall not occupy more than 30% of the required minimum rear yard area. Accessory buildings shall be a minimum of 12 feet from the main use building. In the R-1 or R-2 Districts, no necessary buildings shall be more than one story in height.
(b) In computing the depth of a rear yard where such yard opens into an alley, one-half of the width of such alley may be assumed to be a portion of the required yard.
(2012 Code, § 93-8)
§ 159.03 NON-CONFORMING USES.
(A) Non-conforming use of land. The non-conforming use of land where no building is involved existing at the time of the passage of this chapter may be continued for a period of two years therefrom; provided that, no such non-conforming use of land shall in any way be expanded or extended is then on the same or adjoining property; and that, if such non- conforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with regulations of the district in which it lies.
(B) Non-conforming use of buildings.
(1) Except as otherwise provided in this chapter, the time this chapter becomes effective may be continued, and the use of a non-conforming building may be changed to another use of the same or more restricted classification, it shall not thereafter be changed back to a use of a less restricted classifications. A non-conforming building which is or may hereafter become vacant and which remain unoccupied or its non-conforming use discarded for a continuous period of one year shall not thereafter be occupied, except by a use which conforms to regulations of the district in which it is located. A non-conforming building may be maintained or kept in good repair, except as otherwise provided in this section.
(2) No existing non-conforming building may be enlarged, extended, reconstructed or altered unless its use is changed to a use permitted in the district in which such building is located, except in the event such enlargement, extension, reconstruction or alteration is required by court decision, law or ordinance.
(3) A non-conforming building which is damaged by fire, explosion, flood, wind, earthquake or other calamity or act of God or the public enemy to the extent of 50% or more of its reasonable value may not be restored, except in conformity with the regulations of the district in which it is located.
(2012 Code, § 93-6)
§ 159.04 PERMITS.
No permit for the erection, alteration or enlargement of any building shall be issued by the Building Inspector unless there first be filed in his or her office by the applicant therefor, a plat, drawn to scale and in such form as may be prescribed by the said Building Inspector, correctly showing the location and actual dimensions of the lot of the building to be erected, altered or enlarged, together with a true statement in writing, signed by the applicant, showing use for which such building is arranged, intended or designed, and furnishing such other information as the Building Inspector pay require in the enforcement of the provisions of this chapter, and any failure to comply with the provisions of this chapter shall be good cause for the revocation of any such building permit by applications and plats shall be kept in the office of the Building Inspector.
(2012 Code, § 93-9)
§ 159.05 COMMUNITY UNIT PLAN.
(A) The owner or owners of any tract of land in the city, compromised of an area of not less than ten acres, may submit to the city’s Building Inspector a plan for the use and development of all of the tract of land for residential purposes. The development plan shall be referred to the city’s Planning Commission for study, public hearing and report. The Commission’s recommendations and report, together with the plans, shall be submitted to the City Council within 30 days for consideration and action.
(B) The recommendation and report by the Planning Commission shall contain specific evidence and facts showing whether or not the proposed project meets the following conditions:
(1) The property adjacent to the area included in the plan will not be adversely affected;
(2) The plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals and general welfare; and
(3) The buildings will be used only for purposes provided for in the R-1 and R-1 and R-2 Districts.
(C) The average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located.
(D) If the City Council approves the plan, building permits and certificates of occupancy may be issued even though the use of the land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulation of the district in which it is located.
(2012 Code, § 93-10)
§ 159.06 CERTIFICATE OF OCCUPANCY.
(A) No vacant land shall be occupied or used, except for agricultural uses until a certificate of occupancy shall have been issued by the Building Inspector.
(B) No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the building laws and the provisions of these regulations.
(C) (1) Certificates of occupancy and compliance shall be applied for coincident with the applications for a building permit and shall be issued within ten days after the erection of such buildings shall have been completed in conformity with the provisions of these regulations.
(2) A record of all certificates shall be kept on file in the office of the Building Inspector.
(D) No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.
(E) A certificate of occupancy shall be required of all non-conforming use. Application for a certificate of occupancy for non-conforming uses shall be filed within 12 months from the effective date of this chapter with the Building Inspector.
(2012 Code, § 93-11)
§ 159.07 BOUNDARIES OF DISTRICTS.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this chapter, the following rules apply.
(A) The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by street or alley lines, the street or alley shall be construes to be the boundary of the district.
(B) Where the district boundaries are not otherwise indicated, where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(C) In subdivided property, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale appearing on the map.
(2012 Code, § 93-12)
§ 159.08 BOARD OF ADJUSTMENTS.
(A) The Board of Adjustments shall consist of five members who are property owners in the city, each to be appointed for a term of two years and removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
(B) (1) The Board shall adopt rules in accordance with the provisions of this chapter.
(2) Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson or, in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(3) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action all of which shall be immediately filed in the office of the Board and shall be a public record.
(4) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
(C) Appeals to Board of Adjustment may be taken by an officer, department head or bureau of the city by anyone affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustments a notice of appeal specifying the grounds thereof and by paying a filing fee of $3 to the Tax Collector of the city at the time the notice is filed, which shall be credited to the General Fund of the city. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustments after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustments or by a court of record on application or notice to the officer from whom the application is appealed and on the cause shown.
(D) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(E) The Board of Adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;
(2) When a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him or her practical difficulties or particular hardship, the Board may consider and allow variations of the strict application of the variations are in harmony with the general purpose and intent of this chapter, and the Board is satisfied under the evidence heard by it that a granting of the variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this chapter created; and
(3) The Board may authorize a variance where by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record at the time of the adoption of this chapter or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this chapter would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the property and amount to a practical confiscation of the property as distinguished from a mere inconvenience to the owner; provided, the variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the Comprehensive Plan as established by the regulations and provisions contained in this chapter.
(F) Where, in its judgment, the public convenience and welfare will not be substantially or permanently injured, the Board of Adjustment may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows:
(1) To permit a transitional use between a business or industrial district and a dwelling district where the side of a lot in a one-family district or a two-family district abuts upon a lot zoned for a business or industrial purpose as follows.
(a) On a lot in a single-family dwelling district which sides upon a lot zoned for business or industrial purposes, the permit the extension of a building or use into a more restricted district immediately adjacent thereto, but not more than 50 feet beyond the boundary line of the district in which such building or use is authorized.
(b) Grant in undeveloped sections of the city temporary and conditional permits for not more than two years. The granting or existence of such temporary or conditional permit shall not be reason or cause for extension of such permit.
(2) Permit such modification of yard, open space, lot area or lot width regulations as may be necessary to secure an appropriate improvement of a parcel of land if such parcel is separately owned at the time of the original passage of this chapter or subsequent annexation of the city and is of such restricted area that it cannot be appropriately improved without such modification;
(3) To determine in cases of uncertainty the classification of any use not specifically named in this chapter;
(4) To grant a permit for the extension of a use, height or area regulation into an adjoining district where the boundary line of the district divided a lot in a single ownership at the time of the adoption of this chapter;
(5) To permit as an accessory use of a parking area for passenger automobiles on a lot or lots in a single-family, duplex or apartment house district adjoining or across a street of not more than 50 feet in width from a R-1 or R-2 District, subject however, to the following provisions.
(a) The area shall be properly enclosed with a hedge, screen, fence, wall or other suitable enclosure having a height of not less than three feet, nor more than six feet. Such fence or enclosure shall conform to the front yard regulations of the district in which it is located.
(b) The area shall be paved.
(c) No parking of vehicles shall be permitted within six feet of any adjoining lot on which is located a single-family residence, duplex or multiple dwelling.
(d) One sign, not exceeding two and one-half square feet in area, may be erected identifying the lot.
(e) No charges may be made for parking area shall be so arranged as to direct the light away from any adjoining premises used for residential purposes.
(6) Permit the reconstruction of a building occupied by a non-conforming use or permit the extension of a non-conforming use of a building upon the lot occupied by such use or building at the time of the passage of this chapter.
(G) (1) Any appeal or permit granted by the Board of Adjustments shall not be valid if construction authorized by said permit is not begun within a period of 60 days.
(2) In exercising the above-mentioned powers, such Board may, in conformity with the provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.
(3) In considering all appeals and all proposed variations to this chapter, the Board shall, before making any finding in a specific ease, first determine that the proposed variation shall not constitute any change in the district map and will not impair an adequate supply of light and air to adjacent property or materially increase the congestion in public streets or increase the public danger of fire and safety or materially diminish or impair established property values with in the surrounding area or in any respect impair the public health, safety, comfort, morals and welfare to the city.
(4) Every variation granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence specifying the reason for granting or denying the variation.
(2012 Code, § 93-13)
§ 159.09 CHANGES AND AMENDMENTS.
(A) The City Council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.
(B) Before taking any action on any proposed amendment, supplement or change, the City Council shall submit the same to the city’s Planning Commission for its recommendation and report.
(C) A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publication three times in the official publication of the city, stating the time and place of such hearing which time shall not be earlier than 15 days from the first day of such publication.
(D) Unless such proposed amendment, supplement or change has been approved by the city’s Planning Commission or if a protest against such amendment, supplement or change has been filed with the Building Inspector duly signed and acknowledged by the owners of 20% or more either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending 200 feet therefrom of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment, supplement or change shall not become effective, except by a three-fourths vote of the City Council.
(2012 Code, § 93-14)
§ 159.10 INTERPRETATION, PURPOSE AND CONFLICT.
(A) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.
(B) It is not intended by this chapter to interfere with or abrogate or annual any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this chapter or which shall be adopted or issued pursuant to law relating to the use of building or premises and likewise, not in conflict with this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; except that, if this chapter imposes great restriction, this chapter shall control.
(2012 Code, § 93-16)