Panhandle City Zoning Code
ARTICLE 14
200 ZONING REGULATIONS
§ 14.201 Interpretation and Purpose.
The purpose of this article is to zone the entire area of the City of Panhandle into districts, as made and provided by the articles 1011a to and including l011j of Chapter 4, Title 28 of Vernon’s Annotated Texas Statutes, 1925, as amended, in accordance with a comprehensive plan, for the purpose of promoting health, safety, morals, and the welfare of the general public. They have been designed to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to provide and facilitate adequate provisions for transportation, water, sewage, schools, parks, and other public requirements. The districts have been created with fair and reasonable consideration, among other things, of the character of each particular district and its peculiar suitability for particular uses, and with the view of conserving the value of land and buildings in each particular district, and of insuring the harmonious and appropriate use of all property and land throughout the City of Panhandle.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-11)
§ 14.202 Definitions.
The following definitions, shall apply in the interpretation and enforcement of this article, to-wit:
Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number; the word “building” includes the word “structure;” the word “lot” includes the word “plot;” the word “shall” is mandatory and not discretionary.
A subordinate use or building customarily incident to and located on the lot occupied by the main use or building.
A way which extends only secondary means of access to abutting property.
A room or suite of rooms in an apartment house or tenement, arranged, designed, or occupied as the residence of a single family, individual, or group of individuals.
A building or portion thereof arranged, designed or occupied by three (3) or more families living independently of each other.
A building other than a hotel or motel where lodging and meals for five (5) or more persons are served for compensation.
A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or chattels; and when supported by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.
Occupations ordinarily carried on in a home that are not detrimental, objectionable, or injurious to adjoining property. Any occupation that cannot be seen or heard, create odors, or cause any problems to the adjoining property owners shall be the only home occupations permissible.
The mean horizontal distance between the front and rear lot lines.
The mean horizontal distance between the rear line of a building other than an accessory building and the center line of the alley where an alley exists; otherwise the rear lot line.
A section of the City of Panhandle for which the regulations governing the area, height, or use of buildings are uniform.
A detached building having accommodations for and occupied by only one family.
A building-used or designed as a residence for three or more families or households living independently of each other.
A building designed for, or occupied exclusively by, two families.
A family is any number of individuals living together as a single housekeeping unit as distinguished from a group occupying a boarding house, a lodging house, or both, hotel or motel as herein defined.
An open, unoccupied space on the same lot with a building between the building and the street line or lines of the lot.
A garage with a capacity for not more than three motor-driven vehicles for storage only and for private use.
Any premises not a private garage, as defined above, used for housing vehicles, or where any such vehicles are repaired for operation, or kept for remuneration, hire, or sale.
Any premises, except those defined as a private or public garage, used exclusively for the storage of automobiles and other motor vehicles.
The height of a building or portion of a building shall be measured from the average established grade of the street lot line or from the average natural ground level if higher, or if no street grade has been established, to the highest point of the roof’s surface if a flat surface; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip or gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, radio and television towers, ornamental cupolas, domes or spires, elevator bulk heads, pent houses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.
A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied for hire, in which provisions are not made for cooking in any individual apartment, and in which there are sleeping rooms, a public dining room for the accommodation of guests, and a general kitchen.
A movable or portable dwelling constructed on a chassis and which has been designed so that it may be occupied and used without a permanent foundation; further a single-family dwelling unit suitable for year-round occupancy and which has provision for compliance with the applicable code requirements for dwellings. Such vehicle shall be eligible for registration and licensing by the State of Texas and for being transported on the public streets and highways.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-12)
§ 14.203 Zoning Districts.
(b)
The boundaries of each district are shown upon the map which accompanies and is made a part of this article and is designated as the “zoning map,” the boundaries being shown by various colors, letters, figures, and markings. The zoning map and all coloring, markings, notations, references, and other information shown on the zoning map shall be and are hereby made as much a part of this article as if the zoning map and all notations, references, and other information thereon were fully set forth or described herein.
(c)
Except as hereinafter provided:
(1)
No building or land shall be used for any purpose other than permitted in the district in which such building or land is located.
(2)
No building shall be erected, reconstructed, enlarged, structurally altered, or moved unless it shall conform to the regulations for the district in which such building is located.
(3)
Every building hereafter erected, enlarged, 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 hereafter provided.
(4)
No lot area shall be reduced or diminished such that the yards or other open spaces shall be smaller than that prescribed by this article; nor shall the yard or open spaces provided for and about any building used for the purpose of complying with the yard and lot provisions of this article be considered as providing yard or lot area for any other building or lot.
(5)
All territory which may hereafter be annexed to the City of Panhandle, Texas, shall be subject to all of the restrictions and regulations of an “A” district until otherwise changed by amendment to this article.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-13)
§ 14.204 Regulations for “A” District; Single-Family Dwelling District.
In an “A” district, no building or land shall be used, and no building shall be hereafter erected or structurally altered, which is arranged or designed to be used for other than one or more of the following uses:
(1)
Single-family dwellings.
(2)
Public parks or play grounds.
(3)
Accessory buildings, including domestic employees’ quarters and private garages, are permitted; provided that such buildings shall not be located nearer than 80 feet from the front lot line nor less than 5 feet from any other street line nor less than 5 feet from either side lot line. The domestic employee’s quarters shall not be leased or rented to anyone other than the family of a bona fide domestic employee giving more than 50 percent of his or her time to the family occupying the premises.
(4)
The uses customarily incident to any of the above uses when situated in the same dwelling and not involving the conduct of a business, including the customary home occupations engaged in by the occupants of the dwelling and also including the office of a doctor, dentist, musician, artist, or similar profession when situated in the same dwelling; but said incidental use shall never be permitted as a principal use, but only as a secondary use when indispensably necessary to the enjoyment of the premises for any one of the uses permitted in an “A” district; and further provided that no name plate, sign, board, or advertising sign of any nature exceeding two (2) square feet in area shall be permitted in an “A” district, and not more than one such sign is permitted to each resident.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-14)
§ 14.205 Regulations for “B” District; Two-Family Dwelling District.
In a “B” district, no building or land shall be used, and no building shall be hereafter erected or structurally altered, which is arranged or designed to be used other than one or more of the following uses:
(1)
Any use permitted in an “A” district.
(2)
Two-family dwelling.
(3)
Churches (except temporary revivals).
(4)
Public schools and educational institutions having a curriculum the same as is ordinarily given in public schools.
(5)
Water supply reservoirs, wells, towers, pumping stations, fire stations, gas and electric utility regulator stations; provided however, that the size and location of such stations are to be determined or fixed by the city council.
(6)
Telephone exchange or substation, but with no business office.
(7)
Accessory buildings, same as in an “A” district.
(8)
The uses customarily incident to any of the above uses, same is in an “A” district.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-15)
§ 14.206 Regulation for “C” District; Local Retail, Apartment and Multi-Family Dwellings District.
In “C” district, no building or land shall be used and no building shall hereafter be erected or structurally altered, which is arranged or designed to be used for other than one or more of the following uses:
(1)
Any use permitted in an “A” district or “B” district.
(2)
Boarding or lodging houses.
(3)
Hospitals and clinics, excepting animal hospitals or clinics.
(4)
Hotel or motel in which business may be conducted for the sole convenience of the occupants of the building; and further provided that there shall be no entrance to such building except from the inside of the hotel buildings and motels.
(5)
Non-profit religious, educational, and philanthropic institutions, except penal or mental institutions.
(6)
Libraries and museums.
(7)
Private clubs, lodges, fraternities, and sororities, excepting those whose chief activity is a service customarily carried on as a business.
(8)
Multiple dwellings, apartments, apartment houses, and group houses, but not including tourist courts, or trailer camps, courts or lodges.
(9)
Accessory buildings and uses customarily incident to any of the above uses are permitted when not involving the conduct of a business other than incidental to the residential use of such property, including private and storage garage; provided that such accessory buildings, if detached from the main building, shall be located not less than sixty (60) feet from the front lot line, not less than five (5) feet from any other street line, and not less than three feet from either side lot line.
(10)
Bank, office, studio.
(11)
Gasoline filling station.
(12)
Restaurant, café.
(13)
Retail pressing, dyeing, and cleaning shops.
(14)
Retail stores, barber shops, beauty shops, and other shops for custom work or custom shops where articles are made to be sold at retail on the premises.
(15)
Retail ice delivery station.
(16)
Mortuary.
(17)
Green houses, florist shop, nursery office.
(18)
Bakery, laundry, washaterias, candy manufacturing, when not employing more than five (5) persons on the premises.
(19)
Theaters, moving picture shows, and similar amusement places.
(20)
Automobile sales and repair shops.
(21)
Business or commercial school or dancing or music academy.
(22)
Electric shop, electroplating, including armature winding.
(23)
Garages, storage and repair.
(24)
Laundry, dyeing and cleaning plants.
(25)
Lumber yards.
(26)
Locker plants, but not including slaughtering of animals.
(27)
Painting shops, parking lots, photographers studios, plumbing shops, printing shops, newspaper printing, job printing.
(28)
Restaurant, sales and showrooms.
(29)
Store or shop for the conduct of a retail business.
(30)
Shoe repair shops.
(31)
Tire repair shops, tin shops.
(32)
Secondhand goods store, when entirely enclosed in a building.
(33)
Secondhand automobile sales, but not including wrecking.
(34)
Wholesale houses, wholesale offices and sales rooms.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-16)
§ 14.207 Regulations for “D” District; Commercial Districts.
In the “D” district, no building or land shall be used and no building shall be hereafter erected or structurally altered, which is arranged or designed to be used for other than one (1) or more of the following uses:
(1)
Any use permitted use in any “A,” “B” or “C” district.
(2)
Advertising signs, bulletin and billboards.
(3)
Bakeries, bottling works, beer parlors, saloons and places where beer and intoxicating liquors are sold for consumption off the premises.
(4)
Building materials, storage yards, new materials.
(5)
Catering establishments, motor freight depots, candy manufacturing.
(6)
Ice cream manufacturing, milk pasteurization and bottling plants, but not including the processing and manufacturing of other dairy products.
(7)
Ice plants.
(8)
Storage warehouses.
(9)
Any use not included in any other district, provided such use is not offensive or obnoxious by reason of the omission of odor, dust, smoke, gas fumes, noise, or vibration.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-17)
§ 14.208 Mobile Homes.
(a)
HUD approved manufactured housing may be located only in the “C” district, East of Flora Street and in the “B” district, on lots 1-2-3-4-5-6, block 10, Young’s No. 1 Addition. HUD approved manufactured housing placed on lots 1-2-3-4-5-6 of block 10, Young’s No. 1 Addition must adhere to the following restrictions:
(1)
The HUD approved manufactured housing must be at least 28 feet wide and meet the minimum square footage required by Ordinance 229, Section X of the Panhandle City Code [sic].
(2)
The HUD approved manufactured housing must be located on a permanent foundation.
(3)
The HUD approved manufactured housing must be skirted.
(4)
The HUD approved manufactured housing may be located as follows; one on lots 1-2-3 and one on lots 4-5-6.
(Ordinance 525 adopted 8/24/06)
§ 14.209 Regulations for an “A” and “B” District.
(a)
In an “A” district, no residence shall be erected that has less than 1200 square feet floor space, and which does not meet the quality and construction of the dwellings in the surrounding area.
(b)
In a “B” district, a minimum of 900 square feet is required, and residence shall meet the quality and construction of the dwellings in the surrounding area.
(c)
No residence shall be moved into any district of the zoned section until it meets the following requirements:
(1)
A visual inspection must be made by the city manager or a designated official of the proposed house to be moved.
(2)
The house must meet all requirements of this article, and its construction must be approved by the City of Panhandle.
(3)
The city manager shall have the authority to allow certain finishing work to be done to a house moved into any zoned district as preparation to meet the article requirements.
(4)
All work done to meet these requirements must be completed twelve (12) months from date the permit is issued.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-20)
§ 14.210 Special Use Permits.
(a)
The city council may authorize the location of a special use permit after public hearings and proper notice to all parties affected, and after a recommendation from the planning and zoning commission as outlined in Article 14.100.
(b)
The planning and zoning commission, in considering and determining its recommendations to the city council on any request for a special use permit, may require from the applicant, plans, information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.
(c)
The city council may, in the interest of the public welfare and to assure compliance with this article, establish conditions of operation, location, duration, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any special use permit, the city council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of the adjacent property from the emission of obnoxious or offensive odors, dust, dirt, gas, glare, explosion, fumes, smoke, noise, vibration, offensive view or other undesirable or hazardous conditions.
(d)
Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance as applicable to such property.
(Ordinance 454 adopted 7/10/97)
§ 14.211 Non-Conforming Uses.
(a)
Any use of property existing at the time of the passage of this article, or subsequent amendments thereto, that does not conform to the regulations set forth in this article shall be deemed a non-conforming use.
(b)
The lawful use of land existing at the time of the passage of this article, although such use does not conform to the provisions of this article, may be continued; however, if such non-conforming use is discontinued, any future use of the premises shall conform to the provisions of this article.
(c)
The lawful use of a building existing at the time of the passage of this article may be continued although the use does not conform to the provisions of this article; and such use may be extended throughout the building except those required by law or ordinance, are made thereto. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification; provided that, in the event a non-conforming use of a building is once changed to a non-conforming use of a higher or more restricted classification, such use shall not thereafter be changed to a lower or less restricted classification.
(d)
If a building occupied by a non-conforming use is destroyed by fire, explosion, or other casualty, it may not be constructed or rebuilt except to conform to the requirements of this article. However, nothing in this article shall be construed to prevent restoration of a building destroyed or damaged to the extent of not more than sixty (60%) percent of its reasonable value, by fire, explosion, acts of God, or other casualty, nor the continued occupancy or use of such building, or part thereof, which existed at the time of such partial destruction.
(e)
In the event that a non-conforming use of any building or land is discontinued for a period of 6 months, any subsequent use of the building or land shall conform to the use permitted in the district in which it is located.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-22)
§ 14.212 Front Yard Regulation for Dwellings.
(a)
In the “A” district, there shall be a front yard having a depth of not less than thirty (30) feet, measured from the front property line of the lot to the front line of the building, covered porch or terrace or attached accessory building; however, if fifty percent (50%) or more of the property on one side of a street within the block is improved with buildings, the required front yard depth need not exceed the average front yard depth of the existing buildings.
(b)
In the “B” and “C” districts, there shall be a front yard having a depth of not less than twenty-five feet (25'), measured from the front property line of the lot to the front of the building, covered porch or terrace or attached accessory building; however, if fifty (50%) percent or more of the property on one side of the street within the block is improved with buildings, the required front yard depth need not exceed the average front yard depth of the existing building.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-23)
§ 14.213 Rear Yard Regulation for Dwellings.
(a)
In all districts where buildings are erected or structurally altered for dwelling purposes, there shall be a rear yard having a depth of not less than twenty (20%) percent of the depth of the lot, provided such rear year need not exceed thirty (30) feet.
(b)
In computing the required depth of a rear yard for any building where such rear yard abuts an alley, the depth of the lot may be considered to the center of the alley, and required depth of the rear yard measured from the center of the alley.
(c)
An accessory building may occupy not more than fifty (50%) percent of the minimum required rear yard.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-24)
§ 14.214 Side Yard Regulation for Dwellings.
(a)
In the “A,” “B,” and “C” districts, and in all other districts where a building is erected or structurally altered for dwelling, there shall be two side yards, on each side of the building. The combined width of the two side yards shall be not less than twenty (20%) percent of the width of the lot; provided that the combined width need not exceed twelve (12) feet and that in no case shall either side yard be less than five (5) feet in width.
(b)
In the “C” and “D” districts, if the property is not used for dwelling purposes, no side yard is required, unless the lot abuts upon the side of a lot in any “A,” “B,” or “C” district, in which case, a side yard of not less than five (5) feet shall be provided on the side abutting the “A,” “B,” or “C” district. In any case where a side yard is provided but is not required by this article, such side yard shall be not less than three (3) feet in width.
(c)
For the purpose of side yard regulations, two or more detached one- or two-family dwellings shall be considered as one building when occupying one lot; provided that there shall be a minimum of ten (10) feet between the sides of the buildings.
(d)
In the case of group houses or apartments or court apartments where entrances are provided into side yard, the width of the side yard shall be increased by one foot for each such side yard entrance; and if any stairway opens onto or is served by such side yard, a side yard of not less than ten (10) feet shall be provided.
(e)
The width of a place, court or interior court shall be not less than thirty (30) feet, measured between buildings or from buildings to the property line forming such place or courts; provided covered porches or terraces may project into such required place or court not more than twenty (20%) percent of the width of such place or court.
(f)
Every part of a required yard, place, or court shall be unobstructed from its lowest point to the sky, provided that sill, cornices, and belt courses may project into the required yard, place or court not more than eighteen (18) inches.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-25)
§ 14.215 Lot Area Regulations.
(a)
In the “A” district, the minimum area of the lot shall be 7,000 square feet.
(b)
In the “B” district, the minimum area of the lot shall be 5,000 square feet for a single-family dwelling and 6,000 square feet for a two-family dwelling.
(c)
In the “C” and “D” districts, the minimum area of the lot shall be 4,000 square feet for a single-family dwelling and 5,000 square feet for a two-family dwelling; and for apartment houses, multi-family dwellings or buildings arranged or designed for more than two families, the minimum area of the lot shall be 5,000 square feet plus 1,000 square feet for each family unit in excess of two.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-26)
§ 14.216 Prohibiting Obstruction of View on Lot Boundaries.
(a)
On any lot on which a front yard is required by this article, no wall, fence, or other structure shall be erected, and no hedge, tree, shrub, or other growth or structure of any kind shall be maintained in such location within such required front yard so as to obstruct the view.
(b)
Any fence, wall, hedge, shrubbery, or other growth or structure of any kind higher than a base line extending from a point 2½ feet above walk grade at the walk to a point 4½ feet above walk grade at the depth of the front yard required is hereby declared to be an obstruction to view except single trees having a single trunk which are pruned to a height of 7 feet above walk grade.
(c)
Notwithstanding any other provision of this article concerning non-conforming uses, all non-conforming fences, walls, and other structures except buildings shall be removed or altered or otherwise caused to conform to this section, and all non-conforming trees, shrubs, hedges, and other growths shall be removed, trimmed, or pruned so as to conform to this section, within a period of six (6) months from the date of passage of this article.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-27)
§ 14.217 Enforcement; Building Permits.
The provisions of this article shall be administered and enforced by the City of Panhandle. All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon the size of the building to be erected, and such other information as may be necessary to provide for the enforcement of these regulations. A record of such applications and plats shall be kept in the office of the City of Panhandle.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-28)
§ 14.218 Zoning Map.
(a)
The zoning map of the City of Panhandle, which is made a part of this article, and shall be considered as much a part of the same as if the matters of information set forth thereby were all fully contained and described herein, shall be in duplicate originals, and is hereby adopted in duplicate, each of which shall bear the signature of the mayor and attestation of the city secretary for identification and authentication. One of said duplicate originals, together with this article, shall be enrolled by the city secretary upon the minutes of ordinance; the other duplicate original shall be framed and hung at some convenient place in the city hall for the use and benefit of the public.
(b)
When definite distances in feet are not shown on the zoning map, the district boundaries on the zoning map are intended to be along existing street, alley, or property lines, or extensions of or from the same. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line.
(c)
Where the street layout actually on the ground varies from the street layout on the zoning map, the board of adjustment may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular plan in question.
(d)
Where the district boundaries are not otherwise indicated, and where the property has been or hereafter may be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the map accompanying and made a part of this article are bounded approximately by lot lines, such lot lines shall be construed to be the boundary of such districts unless such boundaries are otherwise indicated on the map.
(e)
In unsubdivided property, the district boundary lines on the map accompanying and made a part of this article shall be determined by the use of the scale contained on such map.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-29)
§ 14.219 Completion of Existing Buildings.
Nothing herein contained shall require any change in the plans, construction, or designated use of a building actually under construction at the time of the passage of this article and which entire building shall be completed within one year from the passage of this article. Nothing herein contained shall require any change in plan, construction, or designated use of a building for which a building permit has been heretofore issued, and which entire building shall be completed within one year from the date of the passage of this article. If any amendment to this article is hereafter adopted changing the boundary of districts, the provisions of this article with regard to buildings or premises existing or building under construction, or building permits issued at the time of the passage of this article, shall apply to building or premises existing or building permits issued in the area affected by such amendment at the time of the passage of such amendment.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-30)
§ 14.220 Board of Adjustment.
(a)
(1)
There is hereby created a board of adjustment consisting of five (5)-members, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority. Vacancies shall be filled by the appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause. The board shall designate from its members a chairman and secretary, who shall perform the duties of such officers; and in case of the absence of either of such officers from any meeting of the board, another of the members of the board shall be designated to act in his place.
(2)
The board is hereby vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exemptions from the terms of this article in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.
(3)
The board may adopt rules to govern its proceedings, provided, however that such rules are not inconsistent with this article. Meetings of the board shall be held at the call of the chairman, or in his absence, the acting chairman; either may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.
(b)
(1)
Appeals to the board of adjustment can be taken by any person aggrieved by a decision of any administrative officer of the City of Panhandle concerning the interpretation or enforcement of this article, or by any office or department of the municipality affected by any decision of such administrative officer. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof, and paying a filing fee in the amount of $100.00. No action shall be taken by the board of adjustment until the filing fee has been paid. This fee shall not be refunded should the person making the request fail to make formal presentation or should the requested appeal or variance be denied. 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.
(2)
An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and on notice to the officer from whom the appeal is taken and on due cause shown.
(3)
The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by advertising such hearing one time in a newspaper of general circulation in the City of Panhandle not less than three (3) days prior to such hearing, 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 attorney or by agent.
(c)
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 of the City of Panhandle in the enforcement of this article.
(2)
To hear and decide special exceptions to the terms of the article upon which the board is required to pass under this article.
(3)
To authorize upon appeal in special cases such variances from the terms of the article as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the article will result in unnecessary hardship, and so the spirit of this article shall be observed and substantially done.
(d)
In exercising its powers, the board may, in conformity with the provisions of articles 1011a and including 1011j of the 1925 Civil Statues of Texas, cancel any order, requirements, decision, or determination appealed from, and make such order, as amended, revise or reform, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and make such order, requirement, decision, or determination as ought to be made, and shall have all powers of the officer from whom the appeal is taken.
(e)
The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this article or to effect any variance in said article.
(f)
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, any taxpayer, any officer, or department of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board and not thereafter to be determined by said court in accordance with law.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-31; Ordinance 541, sec. IV, adopted 10/9/08)
§ 14.221 Amendments and Changes.
(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 action on any proposed amendment, supplement, or change, the city council shall submit the same to the zoning commission for its recommendation and report.
(c)
A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publishing the same three (3) times in a newspaper of general circulation, published in the City of Panhandle, stating the time and place of such hearing, which time shall be not earlier than fifteen (15) days from the first day of such publication.
(d)
Unless such proposed amendment, supplement or change has been approved by the zoning commission, or if a protest against such proposed amendment, supplement, or change has been filed with the city secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or those immediately adjacent in the rear thereof extending two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city council.
(e)
Any person requesting an amendment or change to the zoning ordinance shall be required to pay a filing fee of $50.00. No action by the commission shall be valid until the filing fee has been paid. This fee shall not be refunded should the person making the request fail to make formal presentation or should the requested amendment or change be denied.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-32)
§ 14.222 Penalty for Violation.
Any person or corporation that shall violate any of the provisions of this article, or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor, and shall be liable to a fine in accordance with the general penalty provision in Section 1.109 of this code, and each day that such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this article shall be placed or shall exist, any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who shall have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof, shall be fined as herein provided.
(1993 Code of Ordinances, Chapter 14, Article 2, Sec. 14-33)