This Ordinance shall be known and may be cited as "The City of Gainesville Zoning Ordinance".

(Ord. No. 1219-12-2008, 12-16-08)

The City Manager or his/her designee is hereby designated as the administrative official to supervise the administration and enforcement of the Ordinance.

(Ord. No. 1219-12-2008, 12-16-08)

Zoning Regulations and Districts are herein established in accordance with a Comprehensive Land Use Plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the City, and for the protection and preservation of places and areas of historical and cultural importance and significance. They are designed to regulate and restrict the height, number of stories and size of the yards, courts and other open spaces; the density of population; the location and use of buildings, structures and land for businesses, residences, and other purposes; and, in the case of designated places and areas of historical and cultural importance to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures. They are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land and to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified. They have been created in order to conserve the value of buildings and encourage the most appropriate use of land throughout the City in accordance with the City's Comprehensive Land Use Plan.

(Ord. No. 1219-12-2008, 12-16-08)

1.4.01 [General Division of Districts.]

Zoning districts and regulations as herein set forth are established. The City of Gainesville, Texas, is hereby divided into the following districts:

A.

A-Agriculture.

B.

SF-1 Single-Family District.

C.

SF-2 Single-Family District.

D.

MF-1 Multi-Family Low Density District.

E.

MF-2 Multi-Family High Density District.

F.

MH-Manufactured Home District.

G.

CA-Central Area Commercial District.

H.

C-1 Restricted Commercial District.

I.

C-2 General Commercial District.

J.

C-3 Outdoor Commercial.

K.

I-Industrial District.

L.

PD-Planned Development District.

(Ord. No. 1219-12-2008, 12-16-08)

1.5.01 [Zoning District Boundaries Delineated on Zoning District Map.]

The boundaries of the zoning districts set out herein are delineated upon the Zoning District Map of the City of Gainesville, Texas, said map being hereby adopted as part of this Ordinance.

1.5.02 [Regulations for Maintaining Zoning Map]

Two (2) original, official, and identical copies of the Zoning District Map are hereby adopted bearing the signature of the Mayor and attestation of the City Secretary shall be filed and maintained as follows:

A.

One copy shall be filed with the City Secretary, to be retained as the original record and shall not be changed in any manner.

B.

One copy shall be filed with the City Manager or his/her designee and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation in issuing building permits and for enforcing the Zoning Ordinance. A written record (logbook) shall be kept by the City Manager or his/her designee of all changes made to the Zoning District Map.

C.

When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council.

D.

When changes are made in district boundaries, such changes shall automatically change and be entered on the future land use map promptly after the amendment has been approved by the City Council.

1.5.03 [Map Certified.]

The official zoning map shall be identified by the signature of the Mayor, attested by the City Secretary and bear the seal of the City under the following words:

"This is to certify that this is the official zoning map adopted December 16, 2008 by the City of Gainesville"

1.5.04 [Zoning District Boundaries.]

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainties exist as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A.

Boundaries indicated as approximately following streets, highways, or alleys shall be construed as to follow the centerline of such street, highway, or alley.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

C.

Boundaries indicated as approximately following City limits shall be construed as following City limits.

D.

Boundaries indicated as following railroad or utility lines shall be construed to be following the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

E.

In unsubdivided property the district boundary lines on the map shall be determined by the use of the scale on the map.

F.

Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the map.

G.

In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed as to be the property line nearest the less restricted district.

H.

Whenever a street, alley or other public way is vacated by official action of the City Council, or whenever a street or alley is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

I.

Where physical features of the ground are at variance with the information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections A—H above, or the zoning of the property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A, Agriculture District, temporarily. In an area determined to be temporarily classified as A, Agriculture District, no person shall construct, add to or alter any building or structure or cause the sale to be done, nor shall any use be located therein or on land which is not permitted in an A, Agriculture District, unless or until such territory has been zoned to permit such use by the City Council. It shall be the duty of the City Council to determine a permanent zoning for such area as soon as practicable.

(Ord. No. 1219-12-2008, 12-16-08)

1.6.01 [Minimum Standards.]

Use of premises and all buildings in the City shall be in accordance with the minimum standards hereinafter established.

1.6.02 [Lot Requirements for Buildings.]

Every building shall be on a lot, and except as provided in sections 1.7.05 and 1.7.06, there cannot be more than one building on a lot.

1.6.03 [Other Lot Regulations.]

Yards or lot area required for one building cannot be used for another building; nor can the size of a lot be reduced below the requirements of this Ordinance.

1.6.04 [Other Construction Requirements.]

In all residential zoned districts except (MH) Manufactured Homes, masonry veneering shall cover eighty (80) percent of each side of the first floor of all residential structures excluding doors and windows.

(Ord. No. 1219-12-2008, 12-16-08; Ord. No. 1320-06-2013, § 2, 6-18-13)

1.7.01 [General Provisions.]

All land, buildings, structures, or appurtenances thereon located within the City of Gainesville which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.

1.7.02 [Authority to Enter Upon Private Property.]

The City Manager or his/her designee may, in the performance of his/her functions and duties under the provisions of this Ordinance, enter upon any land and make examinations and surveys as deemed necessary in the administration and enforcement of this Ordinance.

1.7.03 [Building Prohibited Without Plat.]

No permit for the construction or placement of a building, or buildings, upon any tract or plot shall be issued unless the plot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission, City Council, and filed in the Plat Records of Cooke County, Texas.

1.7.04 [Exclusions.]

Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the passage of this Ordinance and which entire building shall be completed within one (1) year from the date of passage of this Ordinance.

1.7.05 [One Main Building on a Tract or Lot.]

Only one main building for one-family or two-family uses with permitted accessory buildings shall be located upon any lot or tract located within the SF-1, SF-2, MF-1, MH and CA zoning districts. Every dwelling shall face or front upon a public street or approved place other than an alley.

1.7.06 [Regulations Applicable to Multiple Buildings.]

Where a lot is zoned for MF-2 multifamily high density, C-2 general commercial, or I-industrial more than one main building may be located upon a lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the City. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

1.7.07 [Contiguous Lots Under Single Ownership.]

In all zoning districts contiguous lots under single ownership may be considered as a single lot for the purposes of compliance and enforcement of this Ordinance.

(Ord. No. 1219-12-2008, 12-16-08)

1.8.01 [Zoning Required Prior to Approval of Plat.]

The City Council shall not approve any plat of any subdivision within the City limits until the area covered by the proposed plat shall have been permanently zoned by the City Council.

1.8.02 [Action on Zoning and Annexation.]

A.

All property annexed into the City of Gainesville shall be classified as Agriculture (A), unless area or tract is specifically zoned otherwise by the City Council during the annexation process.

B.

No construction shall continue in any annexed area until all required City permits are issued for the site in accordance with the ordinances of the City.

1.8.03 [Platting Within The Extra Territorial Jurisdiction.]

The City Council shall approve plats within the Extra Territorial Jurisdiction of the City of Gainesville in cooperation with the county. All such plats shall conform to the most current subdivision rules and regulations as adopted by the City Council.

(Ord. No. 1219-12-2008, 12-16-08)

1.9.01 [Procedure for Creating Building Site/Lot.]

No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:

A.

Recorded Subdivision: The lot or tract is part of a plat of record, properly approved by the City of Gainesville, and filed in the plat records of Cooke County, Texas.

B.

Unrecorded Subdivision: The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this Ordinance or prior to annexation to the City, whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this Ordinance may be issued on each such originally owned parcel.

C.

New Subdivisions: The plot or tract is all or part of a site plan officially approved by the City of Gainesville and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Any and all plots, tracts or lots must be provided access via a public street or drive.

(Ord. No. 1219-12-2008, 12-16-08)

1.10.01 [Permit Required.]

No permanent structure may be constructed within the City limits prior to the issuance of a Building Permit by the City Manager or his/her designee.

1.10.02 [Certificate of Occupancy Required.]

A Certificate of Occupancy is required for all structures to be occupied in all zoning districts within the City limits, and shall be governed by all applicable City Codes and regulations as adopted by the City Council.

1.10.03 [Application for Building Permit.]

All Applications for Building Permits shall be governed by all applicable City Codes and regulations as adopted by the City Council.

(Ord. No. 1219-12-2008, 12-16-08)

1.11.01 [General Interpretation.]

For the purpose of this Ordinance, certain terms and words are defined and shall have the meanings ascribed in this Ordinance unless it is apparent from the context that different meanings are intended.

(Ord. No. 1219-12-2008, 12-16-08)

1.12.01 [Public Hearing and Notice.]

Upon filing of an application for a zoning district change, and upon receipt of all related fees, the Planning and Zoning Commission shall call a public hearing on said application.

A.

Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than 10 days before such hearing is held to all owners of property who have rendered their property for City taxes, which is located within the area proposed to be changed, within 200 feet of such property. Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, in the United States mail. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City tax roll, notice to such owners shall be given in accordance with Section 1.12.04 of this Ordinance. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken. No notice of hearings before the planning and zoning commission on proposed changes in zoning regulations need be given except as may be required by "open meeting" laws.

B.

An application for any change of zoning classification shall include a map showing the parcels within 200 feet of the property to be reclassified.

C.

The Planning and Zoning Commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The Commission may defer its report for not more than 60 days until it has had opportunity to consider other proposed changes, which may have a direct bearing thereon. If the commission fails to finally report after 60 days, it would be deemed to have recommended negatively to the proposal.

1.12.02 [Action of the City Council.]

Upon public hearing and recommendation of the Planning and Zoning Commission the City Council may take the following actions:

A.

The City Council shall set said application for public hearing and shall give notice of the time and place of the hearing by one (1) publication in the official newspaper at least fifteen (15) days prior to such hearing.

B.

Unless written protest against a proposed amendment has been presented to the City Council the City Council may adopt or disapprove any recommendation of the Planning and Zoning Commission by a simple majority vote of the members of the Council present at the Council meeting.

C.

In the case of a protest against an amendment to the ordinance signed by the owners of twenty percent (20%) or more, either of the area of the lots or land immediately adjoining the area included in the proposed change and extending two hundred (200) feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council.

D.

In making its determination, the City Council may consider the following factors:

(1)

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.

(2)

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings.

(3)

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances, which may make a substantial part of such vacant land unsuitable for development.

(4)

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed changes.

(5)

The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.

(6)

Any other factors which will substantially affect the public health, safety, morals or general welfare.

1.12.03 [Limitation of Resubmission of Petition or Application.]

In cases when the application for an amendment to the Zoning Ordinance is denied by City Council, said application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Planning and Zoning Commission, to be eligible for consideration within one (1) year of the denial of the original application.

1.12.04 [Changes in Zoning Regulation.]

Amendments to the Zoning Ordinance not involving a particular property but involving change in the zoning regulations do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the City, stating the time and location of the public hearing, which time shall not be earlier than fifteen (15) days from the date of such publication.

(Ord. No. 1219-12-2008, 12-16-08)

1.13.01 [Creation, Membership and Procedures.]

There is hereby created a Planning and Zoning Commission which shall be organized, appointed, and function as follows:

A.

Membership: The Planning and Zoning Commission shall consist of seven members appointed or reappointed by the Mayor and confirmed by the City Council of the City of Gainesville. In addition to any other qualifications prescribed by law, each member of the Planning and Zoning Commission must be a resident of the City of Gainesville while in office.

B.

Terms: Members of the Board shall serve for staggered terms of two (2) years each. Four (4) members shall be appointed on April 1 in odd-numbered years, and three (3) members, shall be appointed on April 1 of even-numbered years.

C.

Training: All appointed commissioners of the Planning and Zoning Commission shall attend a minimum of one planning and zoning related training session within twelve months of appointment or reappointment.

D.

Vacancies: Vacancies shall be filled for the unexpired term of any member whose place becomes vacant, for any cause, in the same manner as the original appointment was made.

E.

Quorum: Four members of the Planning and Zoning Commission shall constitute a quorum and the affirmative majority vote of the quorum shall be necessary for passage of any recommendation to the City Council.

F.

Procedures:

(1)

The officers of the Planning and Zoning Commission shall be the Chairperson and Vice-chairperson. The Planning and Zoning Commission shall choose these officers for one-year terms beginning at the start of every calendar year.

(2)

The Chairperson shall preside over all meetings of the Commission. The Vice-Chairperson shall preside in the absence of the Chairperson.

(3)

Regular meetings of the Commission shall be held the second Tuesday of each month as needed. Special meetings of the Commission shall be held at the call of the Chairperson, at the written request of two regular members of the Commission, or at the request of the City Manager with said request to be submitted to the Chairperson.

G.

Absences: Commissioners are required to attend 75% of all scheduled meetings. Any Commissioner failing to attend the required number of meetings, or missing three consecutive meetings, may be removed by the City Council at the Chairman's written request to the Council. If a Commissioner has notified the Chairman of an absence 24 hours prior to a scheduled meeting, the Chairman may excuse that absence with such excused absences not counting against the fulfillment of the 75% rule.

H.

The Commission shall keep minutes of its proceedings, which shall be of public record.

1.13.02 [Powers and Duties of the Commission.]

The Planning and Zoning commissioners are representatives of the City and may:

A.

Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the City.

B.

Recommend to the City council approval or disapproval of proposed changes in this Ordinance and the zoning map.

C.

Formulate and recommend to the City Council for its adoption a comprehensive land use plan for the orderly growth and development of the City and its environs and from time-to-time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety and general welfare of the citizens of the City.

D.

Recommend to the City Council approval or disapproval of plans, plats or re-plats, and exercise all other powers of a commission as to approval or disapproval of plans, plats or re-plats set out in the Local Government Code, Title 7.

E.

Study and recommend on the location, extension and planning of public right-of-ways, parks or other public places, and on the vacating or closing of the same.

F.

Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted City plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the City.

G.

Recommend to the City Council approval or disapproval of special use permit requests.

(Ord. No. 1219-12-2008, 12-16-08)

1.14.01 [Creation, Membership and Procedures.]

A.

Board of Appeals Established: A Board of Appeals is hereby established in accordance with the provisions of Texas Local Government Code, § 211.008, as amended, regarding the zoning of cities and with the powers and duties as provided in said Code.

B.

Membership: The Board of Appeals shall consist of five (5) citizens of Gainesville, each to be appointed or reappointed by the Mayor and confirmed by the City Council. In addition to any other qualifications prescribed by law, each member of the Board of Appeals must be a resident of the City of Gainesville while in office.

C.

Terms of Office: Members of the Board shall serve for staggered terms of two (2) years each. Three (3) members shall serve until October 1 of odd-numbered years, as heretofore appointed, and two (2) members, as heretofore appointed, shall serve until October 1 of even-numbered years, and thereafter each member reappointed for each new appointee shall serve for a full term of two (2) years.

D.

Training: All appointed commissioners of the Board of Appeals shall attend a minimum of one training session within twelve months of appointment or reappointment.

E.

Absences: Commissioners are required to attend 75% of all scheduled meetings. Any Commissioner failing to attend the required number of meetings, or missing three consecutive meetings, may be removed by the City Council at the Chairman's written request to the Council. If a Commissioner has notified the Chairman of an absence 24 hours prior to a scheduled meeting, the Chairman may excuse that absence with such excused absences not counting against the fulfillment of the 75% rule.

F.

Quorum: A quorum shall consist of four (4) members to convene and conduct administrative action.

G.

Alternate Members: The City Council may appoint two (2) alternate members of the Board who shall serve in the absence of one or more of the regular members so that all cases to be heard by the Board will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.

H.

Vacancies: Vacancies shall be filled by the City Council for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made.

I.

Chairperson: The Board shall elect its own Chairperson and Vice Chairperson who shall serve one-year terms beginning at the start of every calendar year.

J.

Hearings: The hearings of the Board shall be public. The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties of interest.

K.

Meetings: Regular meetings of the Board shall be held the second Thursday of each month as needed. Special meetings of the Board shall be held at the call of the Chairperson, at the written request of two regular members of the Board, or at the request of the City Manager with said request to be submitted to the Chairperson.

1.14.02 [Rules and Regulations.]

A.

Minutes: 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 vote, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Manager or his/her designee and shall be public record.

B.

Board Action: Four (4) board members must be present to conduct a meeting. Additionally, any orders issued by the board must clearly state all reasons for actions.

C.

Additional Rules and Regulations: The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the City Manager or his/her designee, all of which rules and regulations shall operate uniformly in all cases.

1.14.03 [Powers and Duties of the Board.]

The Board of Appeals shall have the powers and exercise the duties of a Board in accordance with V.T.C.A., Local Government Code § 211.009(a) Board Members are representatives of the City and may:

A.

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance as requested by a property owner or a property owners authorized representative.

B.

Hear and decide special exceptions to the terms of the zoning ordinance as requested by a property owner or a property owners authorized representative;

C.

Hear and decide other matters authorized by the Council.

1.14.04 [Vote of Four Members Required.]

The concurring vote of four members of the Board is necessary to:

A.

Reverse an order, requirement, decision or determination of an administrative official.

B.

Decide in favor of an applicant on a matter on which the Board is required to pass.

1.14.05 [Appeals.]

A.

Procedure: Appeals shall be made by filing in the office of the Community Services, on a form provided, a notice of appeal and specifying the grounds thereof. The Community Services office shall forthwith transmit to the Board all of the papers constituting the record from which the action appealed was taken.

B.

Notice of Hearing on Appeal: The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which an appeal is desired, such owners and persons being determined according to the current tax rolls of the City. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

C.

Decision by Board: The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

D.

Orders Issued by Board: All orders issued by the Board of Appeals must include the reasons for granting or denying a request clearly stated and included within the order.

1.14.06 [Authorized Actions.]

A.

The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the City Manager or staff in the enforcement of this Ordinance, and except as otherwise provided herein the Board shall have no other powers.

B.

The Board is not authorized to consider nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

C.

Economic hardship is not a recognized hardship and shall not be considered by the Board when making a determination on appeal.

1.14.07 [Changes.]

The Board shall have no authority to change any provisions of this Ordinance and its jurisdiction is limited to hardship, and borderline cases, which may arise from time to time. The Board may not change the district designation of any land either to a more or less restrictive zone. It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the Board only on appeal from the decision of the City Manager or his/her designee and that recourse from the decisions of the Board of Appeals shall be to the courts as provided by the laws of the State of Texas.

(Ord. No. 1219-12-2008, 12-16-08)

The City Council shall establish a schedule of fees, charges, expenses, and a collection procedure for building permits, zoning applications, and other matters pertaining to this Ordinance.

A.

The schedule shall be posted in the office of the administration official or his/her designee and may be altered or amended only by the City Council.

B.

No permits, certificates, or special exceptions shall be issued unless and until such cost, charges, fees, or expenses have been paid in full, nor shall any action be taken before the Board of Appeals unless or until preliminary charges and fees have been paid in full.

(Ord. No. 1219-12-2008, 12-16-08)