City of Pampa, TX Zoning Ordinance

Editor’s note–Ordinance 690, as originally adopted on April 8, 1969, is printed in this exhibit as amended. The original numbering system, titles, catchlines and subsection catchlines have been retained. Any material appearing in brackets has been added by the editor for clarity. Obviously misspelled words have been corrected. Amendments have been designated in the history note following the amended provisions. Sections not followed by a history note remain as originally enacted in Ordinance 690.

ATTACHMENTS

Attachment 1 - Appendix Illustrations

Attachment 2 - Listing of Planned Developments and Specific Use Permits

§ 1 Purpose.

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. They have been designed to lessen the 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, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.

§ 2 Zoning districts established.

The City of Pampa, Texas, is hereby divided into fourteen (14) zoning districts. The use, height and area regulations as set out herein are uniform in each district. The fourteen (14) districts established herein shall be known as:

Abbreviated Designation	Zoning District Name
A	Agricultural District
SF-1	One-Family Dwelling District One
SF-2	One-Family Dwelling District Two
2F	Two-Family Dwelling District
MF	Multiple-Family Dwelling District
P	Parking District
O	Office District
NS	Neighborhood Service District
R	Retail District
C	Commercial District
CB	Central Business District
LI	Light Industrial District
HI	Heavy Industrial District
PD	Planned Development District

Editor’s note–Ordinance 890, sec. 1, adopted 3/10/81, provided as follows: “That Ordinance No. 690 passed and approved by the City of Pampa, Texas, on the 8th day of April, 1969, be, and is hereby amended, to include SF-3 District within the provisions of said Ordinance applicable to the SF-2 District.”

§ 3 Zoning district map.

The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the City of Pampa, said map being a part of this ordinance as fully as if the same were set forth herein in detail.

Three (3) original, official and identical copies of the zoning district maps are hereby adopted bearing the signature of the mayor and the attestation of the city secretary and shall be filed and maintained as follows:

One (1) copy shall be filed with the city secretary and retained as the original record and shall not be changed in any manner.

One (1) copy shall be filed with the building official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits, certificates of occupancy and compliance and for enforcing the zoning ordinance.

One (1) copy shall be filed with the city engineer for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments.

Reproductions for information purposes may, from time to time, be made of the official zoning district maps.

§ 4 Zoning district boundaries.

The district boundary lines shown on the zoning district maps are usually along streets, alleys, property lines or extensions thereof, where uncertainty exists as to the boundaries of districts as shown on the official zoning maps. The following rules shall apply:

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

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

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

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

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, lakes or other bodies of water shall be construed to follow such centerlines.

Boundaries indicated as parallel to or extensions of features indicated in subsections 1-a. through 1-e. above shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.

Whenever any street, alley or other public way is vacated by official action of the city commission, or whenever such area 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 area so involved shall then and henceforth be subject to all regulations of the extended districts.

Where physical features of the ground are at variance with information shown on the official zoning district map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections 1-a. through 1-g., the property shall be considered as classified “A”, agricultural district, temporarily in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in section 5 for temporarily zoned areas.

§ 5 Temporary zoning - annexed territory.

All territory hereafter annexed to the City of Pampa shall be temporarily classified as “A”, agricultural district, until permanent zoning is established by the city commission of the City of Pampa. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.

In an area temporarily classified as “A”, agricultural district

No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the City of Pampa without first applying for and obtaining a building permit or certificate of occupancy therefore [therefor] from the building official or the city commission as may be required herein.

No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the “A”, agricultural district, unless and until such territory has been classified in a zoning district other than the “A”, agricultural district, by the city commission in the manner provided by law except as provided in subsection 2-c. following.

An application for a permit for any use other than that specified in paragraph b. above shall be made to the building official of the City of Pampa and by him referred to the planning and zoning commission for consideration and recommendation to the city commission. The planning and zoning commission in making its recommendation to the city commission concerning any such permit shall take into consideration the appropriate land use for the area and the land use plan for the City of Pampa. The commission, after receiving and reviewing the recommendations of the planning and zoning commission may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application as their findings may indicate appropriate in the public interest.

§ 6 Compliance required.

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

§ 7 Use regulation districts.

Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the district in which it is located as set forth by the following schedule of uses:

Legend for interpreting schedule of use

	Designates use permitted in district indicated.
	Designates use prohibited in district indicated.
S	Designates use may be approved as Specific Use Permit in accordance with Section 7, subsection 16.

TYPE USE	A	SF-1	SF-2	2-F	MF	P	O	NS	R	C	CB	LI	HI	PD
2. PRIMARY RESIDENTIAL USES
One-family dwelling detached (1)
One-family dwelling attached (2)
Two-family dwelling (3)
Multiple-family dwelling or apartment up to three stories (4)
Multiple-family dwelling or apart-ment over three stores in height					S		S			S
Community unit development (5)	S	S	S	S								S
Boarding or rooming house (6)
Hotel or motel (7)	S				S
Trailer or mobile home as a fixed dwelling (8)	S				S				S
Trailer camp or mobile home park (9)									S
3. EDUCATIONAL, INSTITUTIONAL AND SPECIAL USES
Art gallery or museum (10)
Cemetery or mausoleum	S	S	S	S	S	S	S	S	S					S
Church or rectory (11)
College or university (12)	S	S	S	S	S
Community center (public) (13)
Day camp	S	S	S	S	S
Day nursery or kindergarten school (14)	S		S	S
Fairground or exhibition area	S								S
Fraternal organization, lodge or civic club	S						S
Home for care of alcoholic, narcotic or psychiatric patients (15)	S						S
Hospital (general acute care) (16)	S			S	S
Hospital (chronic care) (17)	S				S
Institutions of religious or philanthropic nature		S	S	S	S
Library (public)					S
Monastery or convent		S	S	S	S
Nursing home or residence home for aged (18)	S				S
Public park, playground or community center
School, private primary or secondary	S			S	S
School, public or denominational (19)
School, business or trade (20)	S
4. UTILITY, ACCESSORY AND INCIDENTAL USES
Accessory building (21)
Community center (private)	S
Electrical generating plant	S								S	S	S
Electrical substation		S	S	S	S
Electrical transmission line
Field or construction office (temporary) (22)	Subject to Approval and Control by Building Official (see sec. 14-4)
Fire station or similar public safety building
Gas transmission line and metering station
Home occupation (23)
Local utility distribution lines (24)
Off -street parking incidental to main use (25)
Private utility shop or storage	S									S	S
Public building, shop or yard of local, state or federal government agency (26)	S	S	S	S	S	S	S	S	S
Radio and television or microwave tower (27)	S	S	S	S	S	S	S	S						S
Sewage pumping station
Sewage treatment plant	S								S	S		S		S
Swimming pool (private)
Telephone, business office
Telephone line and exchange, switching or relay station (28)
Water reservoir, water, water pump-ing station, or well
Water treatment plant		S	S	S	S	S	S	S	S
5. RECREATIONAL AND ENTERTAINMENT USES
Adult Business (63a)
Amusement, commercial (outdoor) (29)	S								S
Amusement, commercial (indoor) (30)
Country club (private) with golf course (31)		S	S	S	S
Dance hall or night club (32)
Drag strip or commercial racing	S									S
Go cart track	S									S
Golf course (public) (33)
Golf course (commercial) (34)	S
Park or playground (public) (35)
Playfield or stadium (public) (36)
Rodeo grounds	S
Roller or ice skating rink	S
Stable, private club (37)	S	S	S	S	S
Stable, commercial rental (38)	S
Stable, boarding (39)	S
Swim or tennis club (40)	S	S	S	S	S
Theater, drive-in	S
Theater, other than drive-in type
Topless establishment (63b)
6. TRANSPORTATION RELATED USES
Airport landing field or heliport (41)	S						S		S
Bus station or terminal
Hauling or storage company
Motor freight terminal
Railroad freight terminal
Railroad passenger station
Railroad track or right-of-way (42)
Railroad team track (43)
Parking lot truck
Parking lot or structure commercial (44)							S	S
7. AUTOMOBILE SERVICE USES
Auto laundry									S
Auto painting and body repair
Auto sales and repair (in building)
Auto wrecking or salvage yard												S	S
Commercial auto parking lot
Gasoline service station
New auto parts sales store
New or used car sales lot (in open)
Seat cover and muffler installation shop
Tire retreading or capping
Used auto parts sales (in building)
8. RETAIL AND SERVICE TYPE USES
Antique shop (46)								S
Bakery or confec-tionery shop (retail)
Cafeteria							S	S
Cleaning and pressing small shop and pickup (47)
Custom personal service shop (48)
Drapery, needlework or weaving shop
Florist or garden shop
Greenhouse or plant nursery (retail)	S
Handcraft shop
Household appliance service and repair
Laundry or cleaning self service
Liquor store
Mimeograph, stationery or letter shop
Mortuary or funeral parlor							S	S
Offices, professional and administrative
Pawn shop
Restaurant without drive-in service							S	S
Restaurant with drive-in service									S
Retail stores and shops other than listed
Studio for photog-rapher, musician, artist or health
Secondhand store, used furniture or rummage sale
9. SIGN AND IDENTIFICATION USES
Tool or trailer rental
Wine or beer off premises consumption									S
Name plate (49)
Sign, real estate (50)
Sign, construction (51)
Sign, development (52)	Subject to Approval and Control by Building Official (See Section 14-3)
Sign, institutional (53)
Sign, apartment name (54)
Sign, agricultural (55)
Sign, general business (56)
Sign, advertising (57)
10. AGRICULTURAL TYPE USES
Animal pound (public or private)	S									S	S
Animal clinic or hospital (no outside runs or pens)	S							S
Animal clinic, hos-pital or kennel with outside runs or pens	S
Farm or ranch (58)
Greenhouse or plant nursery								S
Hatchery, poultry
Livestock auction	S											S
Livestock feeding plant, pens or yards	S											S	S
11. COMMERCIAL TYPE USES
Bakery (wholesale)
Building material sales
Cabinet and upholstery shop
Cleaning and dyeing plant (commercial)
Cleaning plant, bags or carpets (special equipment)
Clothing manu-facture or light compounding or fabrication (59)
Contractors shop and storage yard
Engine and motor repairing
Feed store
Heavy machinery sales and storage
Job printing or newspaper printing									S
Laundry plant (commercial)
Milk depot, dairy or ice cream plant
Paint shop
Petroleum products storage-wholesale
Plumbing shop
Scientific or research laboratories	S						S
Storage and sale of furniture or appliances outside a building
Storage or sales warehouse
Trade or commercial school
Trailer rental or sales
Transfer, storage and baggage terminal
Wholesale office and sample room
12. NATURAL RESOURCE STORAGE AND EXTRACTION
Extraction and storage of sand, caliche, stone or gravel	S									S		S
Sand, gravel or earth sales or storage	S									S		S
Petroleum or gas well (60)	S					S	S	S	S	S	S
Petroleum collecting or storage facilities (60)	S					S	S	S	S	S	S	S
Mining or storage of mining wastes	S											S
13. SPECIAL INDUSTRIAL USES
Asphalt or concrete batching plant	Temporary Plant by Resolution of City Commission											S
Brick kiln, tile plant or foundry	S
Cement or hydrated lime manufacture	S
Dump or sanitary fill area	S									S		S
Open salvage yard for rags or machinery, etc.												S
14. GENERAL MANUFACTURING AND INDUSTRIAL USES
Slaughter house or meat packing plant	S											S
Smelter or refinery
Storage warehouse
Welding or machine shop
Light manufacturing or industrial as defined by section 7-18 (61)
Heavy manufacturing or industrial uses not prohibited by law and excepting those specifically listed as requiring specific use permits in section 7-16 (62)

15.

Classification of new and unlisted uses.

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Pampa. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

The building official shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

The planning and zoning commission shall transmit its findings and recommendations to the city commission as to the classification proposed for any new or unlisted use. The city commission shall by resolution approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.

15A.

Surface drainage prefix to district designation.

To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding, portions of certain districts are designated with a surface drainage prefix, “SD”. Areas designated on the zoning district map by an “SD” Prefix shall be subject to the following provisions:

Uses permitted. The permitted uses in that portion of any district having a surface drainage “SD”, prefix shall be limited to the following:

(1)

Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry;

(2)

Off-street parking incidental to any adjacent main use permitted in the district;

(3)

Electrical substation;

(4)

All types of local utilities including those requiring specific use permits when approved as provided in section 7, paragraph 16;

(5)

Parks, community centers, playgrounds, public golf courses;

(6)

Private commercial open area amusements such as golf courses, driving ranges, archery ranges and similar uses when approved by specific use permit as provided in section 7, paragraph 16;

(7)

Private open space as part of a community unit development or planned residential development;

(8)

Heliport when approved by specific use permit as provided in section 7, paragraph 16.

No building or structure shall be erected in that portion of any district designated with a surface drainage, “SD”, prefix until, and unless, such building or structure has been approved by the director of public works, who will ascertain that such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of flood waters and that such construction would not endanger the value and safety of other property or the public health and welfare.

Any dump, excavation, storage, filling or mining operation within that portion of a district having a surface drainage, “SD”, prefix shall be approved in writing by the director of public works before such operation is begun.

An area may be removed from the surface drainage, “SD”, prefix designation when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the director of public works that the flood hazard has been alleviated. Removal of the surface drainage “SD”, prefix shall be accomplished by resolution of the city commission after written notification from the director of public works advising of the removal of the flood hazard.

The fact that land is, or is not, within a district having a surface drainage “SD”, prefix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding.

16.

Specific use permits.

[1] The city commission of the City of Pampa, Texas, after public hearing and proper notice to all parties affected and after recommendations by the planning and zoning commission may authorize the issuance of specific use permits for the uses indicated by “S” in the use schedule, section 8, 2 through 14.

The planning and zoning commission in considering and determining its recommendations to the city commission on any request for a specific 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. The city commission may, in the interest of the public welfare and to assure compliance of this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as specific use permits, the commission structure may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

An application for a specific use permit for a trailer camp, mobile home park or mobile home subdivision will be accompanied with a plat of the proposed camp, park or subdivision prepared in accordance with the requirements of Ordinance No. 839 (subdivision ordinance). The plat will comply with the following access, roadways, spacing and easement requirements, and the owner of the property to whom a specific use permit is granted under this paragraph b. will comply with the following standards:

(1)

Ingress and egress to the trailer camp, trailer park or mobile home park will be from an arterial highway or secondary thoroughfare and any such entrance to or exit from such park will be located to permit safe flow of traffic. No space for a trailer or mobile home will have direct access to a public street or alley outside the boundaries of said property. All interior streets within the camp or park will be classed as private streets and will have a minimum width of twenty-four feet (24'). The private streets will be maintained by the owner. The private streets, however, will be always available for the general use of said owners and at all times for the use by public firemen, fire fighting equipment, police and other emergency vehicles, and the sanitation department, its employees and equipment.

(2)

All streets with[in] a mobile home subdivision shall comply with all of the street requirements for platting and dedication of a subdivision within the provisions of Ordinance No. 839 (subdivision ordinance).

(3)

The area of a tract of land for a mobile home park or a mobile home subdivision will be not less than five (5) acres, (measured to the centerline of any adjoining streets) with a minimum width or depth of not less than three hundred feet (300').

(4)

A lot within a mobile home subdivision shall have a minimum lot width of fifty (50) feet and a total area of not less than five thousand (5000) square feet.

(5)

No mobile home will be located nearer than twenty-five (25) feet from the front property line; nearer than ten (10) feet from the rear property line; nor nearer than five (5) feet from any side yard boundary line.

(6)

In a mobile home subdivision, only one (1) mobile home may be located on each lot.

(7)

In a trailer camp or mobile home park, no minimum lot size is required; provided, however, each trailer or mobile home will be placed and located with a minimum of twenty (20) feet of unobstructed clearance between such trailers or mobile homes whether placed side-by-side or end-to-end and with a like clearance as to any building within the park. Each trailer or mobile home in said park will not be located nearer than ten (10) feet from any private road.

(8)

At [A] trailer park or mobile home park will have a strip of land at least thirty (30) feet in width adjacent and contiguous to the arterial highway without any improvements constructed thereon and landscaped. Said open and landscaped strip of land will be at least fifteen (15) feet in width as to lot lines and other contiguous streets. This requirement will also apply to a mobile home subdivision; provided, however, such open space may be a part of abutting lots.

(9)

Off-street parking will be provided as follows:

(a)

Trailer parks or mobile home parks: two (2) spaces per trailer in locations convenient to individual trailers or groups of trailers.

(b)

Mobile home subdivisions: two (2) spaces per lot.

(10)

No outdoor advertising will be permitted.

(11)

A single-family dwelling may be constructed on a lot within the mobile home subdivision provided such construction complies with the lot coverage and floor area requirements for residential use in a commercial area under subsection 4b. of section 8 and the other front and side yard set back requirements for the said subdivision.

(12)

Utility easements for electrical power, gas, water, sewer, telephone and other such utilities will be provided and set forth on the plat of said camp, park or subdivision.

(13)

All water, gas and sewer installations will comply with all applicable plumbing and building codes of the city.

(14)

Any toilet and bathing facilities for a trailer park or mobile home park will meet all city ordinances and health codes applicable to such facilities.

(15)

In a trailer camp, trailer park or mobile home park, one (1) 3-cubic yard trash container for each four (4) trailers will be furnished.

[1]

Editor’s note–Ordinance 953, which adds subsection 16(b), also provides: “Any trailer camp, trailer park, mobile home park or mobile home subdivision in existence and lawfully operating prior to adoption of this Ordinance [7/12/83] will be a nonconforming use within the meaning of and will be subject to the provisions of section 17 of said Ordinance No. 690.”

17.

PD, Planned development district uses permitted.

The city commission of the City of Pampa, Texas, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of the following types of planned development districts:

(1)

Shopping center on tracts of three (3) acres or more.

(2)

Housing development on tracts of three (3) acres or more, or a community unit development.

(3)

Industrial parks or districts on tracts of ten (10) acres or more.

(4)

Medical center and hospital.

(5)

Civic center and community center.

(6)

Office center.

(7)

Recreation center.

(8)

A combination of any of the developments listed in (1) through (7).

(9)

Transition districts as an extension of an existing district whereby the provision of off-street parking, screening walls, open space and planting would create a protective transition between a lesser and a more restrictive district.

In establishing a planned development district in accordance with this section, the city commission shall require a comprehensive site plan of the development. Such site plan shall be approved and filed as part of the ordinance prior to the issuance of any building permit in a planned development district. Such required plan and ordinance shall set forth the requirements for ingress and egress to the property, public or private streets or drives, with adequate right-of-way to conform to the thoroughfare plan of the City of Pampa, sidewalks, utilities, drainage, parking space, height of building, maximum lot coverage, yards and open spaces, screening walls or fences and other development and protective requirements considered necessary to create a reasonable transition to and protection of the adjacent property.

Every planned development district approved under the provisions of this ordinance shall be considered as an amendment to the ordinance as applicable to the property involved. In approving the planned development district, the city commission may impose conditions relative to the standard of development and such conditions shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the planned development district and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.

All planned development districts approved pursuant to the provisions of section 7, paragraph 17, as outlined herein shall be referenced on the zoning district map and indexed by number in the list of planned development districts found in the appendix of this ordinance.

18.

Definitions and explanations noted in use regulations.

The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as set forth in the use schedule section 7, 2 through 14 inclusive.

Accessory building -

In a residence district, a subordinate building, attached or detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children’s playhouse, storage house or garden shelter, but not involving the conduct of a business.

Adult Business (63a):

Any business activity which offers the opportunity to view Specified Sexual Activity or view, or touch, for entertainment, Specified Anatomical Areas. Such definition further includes, but is not limited to, Adult Arcade, Adult Bookstore/Film Store, Adult Cabaret, Adult Lounge, Adult Motel or Hotel, Adult Retail Store, and an Adult Theater.

Airport, landing field or heliport -

A landing facility for fixed and rotary wing aircraft including terminal, fueling and repair, and storage facilities and subject to approval by the City of Pampa.

Amusement, commercial (indoors) -

An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.

Amusement, commercial (outdoors) -

Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course.

Antique shop -

An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design and sentiment.

Art gallery or museum -

An institution for the collection, display and distribution of objects of art or science, and which is sponsored by a public or quasi-public agency and which facility is open to the general public.

Boarding house or rooming house -

A building, other than a hotel, where lodging and meals for three (3) or more persons are served for compensation.

Church or rectory -

A place of worship and religious training of recognized religions including the on-site housing of ministers, rabbis, priests, nuns and similar church staff. A columbarium may be established on said property provided such columbarium is a part of or attached to the principal church building. “Columbarium” means a structure or room or other space in the principal church building or attached thereto of most durable and lasting fireproof construction containing niches, used, or intended to be used, to contain cremated human remains.

Cleaning shop or small laundry self service shop -

To be of the customer self-service type or a custom cleaning shop not exceeding 2,500 square feet in floor area.

College, university or private school -

An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study.

Community center (public) -

A building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the community served.

Community unit development -

An area of three (3) acres or more of unsubdivided land or the frontage on one (1) side street between two (2) intersecting streets planned as a single integral residential development which may contain variable types of housing with yard setback and open space standards differing from the district in which it is located but which observes the overall density standards set forth in such district. A mobile home subdivision may be approved as a community unit development if the overall density is in compliance with the district standards in which the development is located. Where the overall density standards are proposed to vary from those of the district in which the community unit development is located, the development should be handled as a planned development district. A mobile home subdivision with platted lots and which conforms to the subdivision standards of the City of Pampa may be approved as a community unit development.

Country club -

An area of twenty-five (25) acres or more containing a golf course and clubhouse which is available to a specific recorded membership. Such a club may include as adjunct facilities, a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.

Custom personal service -

Tailor, dressmaker, shoe shop or similar shop offering custom service.

Dance hall or night club -

An establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the City of Pampa.

Farm, ranch, garden or orchard -

An area of three (3) acres or more which is used for growing of usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. No pen, barn or enclosure for cows, horses, mules, donkeys, sheep or goats shall be located nearer than one hundred fifty (150) feet to any dwelling and no enclosure or pen for chickens, turkeys, guineas, geese, quail, pigeons or ducks shall be located nearer than fifty (50) feet to any dwelling.

Golf course (commercial) -

A golf course constructed by a private individual or group and operated as a commercial enterprise other than a driving range, miniature golf or similar golf oriented commercial amusement.

Golf course (public) -

A golf course owned and operated by the City of Pampa for the use, benefit and enjoyment of the citizens or by some other public agency such as the state or county.

Home occupations.

An occupation customarily conducted in a private, residential dwelling by a member of the occupying family as an incidental use, which customary occupation is conducted without structural changes (except as hereinafter provided), so that the exterior and interior appearance remains residential. An incidental use is such as an artist’s studio, musician’s studio, and a home office where solicitation is done outside of the home without clients, patients or customers making routine visits to the office. The customary home occupation shall be an incidental use to one of the principal uses permitted in the district zone where the dwelling is located; provided, however, such incidental use shall not be the primary use made of such property but only the secondary and incidental use. The incidental use shall not:

Require the installation of machinery or additional equipment other than that customarily incidental to normal household operations;

Require the employment of personnel other than a resident member of the household;

Assume a commercial or public character;

Constitute a health or safety hazard to the abutting property.

No advertising signs will be permitted.
A home occupation shall include:
(1)	A beauty shop or a barber shop with only one (1) operator or barber who is a resident member of the household. The shop must be housed in a building attached to the dwelling by at least eight (8) feet into the roofline of the existing dwelling structure.
(2)	A dog and cat grooming shop with not more than five (5) dogs or five (5) cats or not more than five (5) of both dogs and cats at the shop at any one (1) time. Nothing in this ordinance shall be construed to permit the use of the premises as a pet shop, animal shelter or kennel. “Kennel” is defined as keeping six (6) or more dogs or cats or both or six (6) or more dogs or cats or both for breeding purposes. The city shall be permitted to inspect any and all animals and premises where the dog and cat grooming service is being conducted at any reasonable time during normal business hours to ensure compliance with this ordinance and other applicable ordinances relating to such grooming service.
Garage or estate sales for the purpose of offering clothing, household furniture, goods and appliances belonging to the residents where the garage or estate sale is being conducted may be held provided that such sale may not be conducted more than twice in each twelve-month period and for a period not to exceed three (3) consecutive days.

Hospital (acute care) -

An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.

Hospital (chronic care) -

An institution where those persons suffering from illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.

Hotel or motel -

A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture.

Institution for the care of alcoholic, psychiatric or narcotic patients -

An institution offering resident treatment to alcoholic, psychiatric or narcotic patients.

Kindergarten or nursery -

An establishment where more than four (4) children are housed for care or training during the day or portion thereof.

Light fabrication and assembly processes -

Including the manufacture of jewelry, trimming decorations, and any similar item not involving the generation of noise, odor, vibration, dust or hazard.

[Light manufacturing processes:]

Light manufacturing processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the LI District which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas and including, but not limited to such uses as:

Woodworking and planing mill with dust and noise control;

Textile manufacture with dust and odor control;

Ceramic and pottery manufacture with dust, odor and fume control;

Plastic products manufacture with dust and fume control;

Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process;

Grain processing with hoods, dust and odor controls;

Electroplating or battery making with acid, fume and odor controls;

g-1.

Explosives storage, but only upon approval by the city commission in accordance with the procedure established in section 7(16).

Manufacturing or industrial operations of any type which meet the general conditions set forth above and which are not offensive by the reason of the emission of noise, odor, smoke, gas, fumes, dust, glare or the creation of a hazard, but specifically excluding the uses listed in the [definition of manufacturing, industrial servicing or storage processes].

Local utility line -

The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service.

[Manufacturing, industrial servicing or storage processes:]

Any manufacturing, industrial servicing or storage process not prohibited by law except the following uses may only be located in the HI District upon approval by the city commission in accordance with the procedure established in section 7(16):

Acid manufacture;

Ammonia manufacture;

Carbon black manufacture;

Cement, lime, gypsum or plaster of paris manufacture;

Chlorine manufacture;

Cotton gin or compress;

Explosives storage or manufacture;

Glue and fertilizer manufacture;

Petroleum and petroleum products refining and manufacture;

Petroleum tank farm;

Petrochemical plant;

Rendering plant;

Tanning, curing, treating or storage of skins or hides;

Wrecking yard or salvage yard;

Any use which due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire is presently or in the future determined a hazard and subject to special control.

Mobile home as a fixed dwelling -

A dwelling designed to be transported intact on the highway which is placed on a lot, connected to utilities and occupied as a fixed dwelling.

Multiple-family dwelling (apartment) -

Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units.

Name plate -

An accessory sign showing only the name and address of the owner or occupant of the premises on which it is directed or placed.

Nursing home or residence home for aged -

A home where ill or elderly people are provided with lodging and meals with or without nursing care.

Off-street parking incidental to main use -

Off-street parking spaces provided in accordance with the requirements specified by this ordinance and located on the lot or tract occupied by the main use or within three hundred (300) feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

One-family dwelling (attached) -

A dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate wall and which is designed for occupancy by one (1) family and is located on a separate lot delineated by front, side and rear lot lines and which is capable of being conveyed as a separate building lot.

On[e]-family dwelling (detached) -

A dwelling designed and constructed for occupancy by one (1) family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one (1) family.

Park or playground (public) -

An open recreation facility or park owned and operated by a public agency such as the City of Pampa or the school board and available to the general public.

Parking lot structure, commercial (auto) -

An area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress and egress.

Petroleum or gas well and collection system -

A person, firm, association or corporation seeking a specific use permit for the drilling of an oil and/or gas well within the corporate limits of the City of Pampa within the permitted zones as set forth in this ordinance shall comply with the provisions of paragraph 16 of section 7 of this ordinance and the following additional procedures and requirements:

Every application for a permit to drill and operate an oil and/or gas well within the permitted zones shall be in writing, signed by the applicant or by some person duly authorized to sign on the applicant’s behalf, and shall be filed with the office of planning and zoning of said city. Each well proposed shall require the filing of a separate application. The applicant shall pay a filing fee of one hundred twenty-five dollars ($125.00) upon the filing of each application. The filing fee is nonrefundable.

The application shall include the following information:

(i)

Date of application;

(ii)

Correct name of the applicant; (It shall show any assumed name and, if a corporation, the person to whom all notices should be directed.)

(iii)

Office address and mailing address;

(iv)

For the parcel of property where the well is proposed to be drilled:

(aa)

Proposed name of well;

(bb)

Name and address of surface owner;

(cc)

Name and address of mineral rights owner;

(dd)

Legal description of the location of the well (with plat of well-site and well location attached).

(v)

Application for permit to drill from the Texas Railroad Commission;

(vi)

Legal description of the production unit, if any;

(vii)

A survey of the production unit at a scale of 1/300 or greater (1/200, 1/100) by a certified Texas land surveyor, including:

(aa)

Lengths and bearings of all boundary lines of the production unit;

(bb)

Exact acreage of the production unit;

(cc)

Exact location of the well within the production unit with distances to a minimum of two (2) adjacent boundary lines of the production unit.

In the event that the city commission of said city approves the granting of a specific use permit, the permit shall be granted by ordinance and the city commission shall specify such conditions concerning the drilling, installation, operation and maintenance of such oil and/or gas well as it deems necessary for the health, safety and general welfare of the citizens of the City of Pampa, including, but not limited to:

(i)

Change in proposed location of the well because of surrounding land use;

(ii)

Air pollution, noise and odor control devices;

(iii)

Type of engine for the pump equipment;

(iv)

Height of the pump equipment during production;

(v)

Fire control measures at the drill and pump site;

(vi)

Fence or visual screening on site of pump equipment and storage facilities;

(vii)

Landscaping on the site of pump equipment. Minimum landscape requirements shall be considered as a screen consisting of pyramidal-shaped evergreen trees a minimum of eight (8) feet in height planted on six-foot centers around the fenced area. One (1) opening through the screen of twenty (20) feet shall be allowed at one (1) side of the enclosure to allow access;

(viii)

Provision of proof for contractual responsibilities of pump site maintenance;

(ix)

Blow-out prevention control;

(x)

Specific description of safety procedures required at the drill/pump site;

(xi)

Special handling of sludge and waste from the drill site;

(xii)

Special disposal of sludge and waste from the drill site;

(xiii)

Hours and/or time of pumping operations;

(xiv)

Location of on-site facilities;

(xv)

Ingress and egress of vehicular traffic to drill site and production site;

(xvi)

Specific precautions proposed to prevent contamination of water aquifer at drill site;

(xvii)

Specific proposal for source of water to be used during drilling operations;

(xviii)

Specific requirements for route and location (buried or aboveground) or flow, lines between well head and storage facilities.

Nothing in this ordinance shall be deemed to permit the storage of oil and/or gas at the well location within the corporation limits of the City of Pampa in a zone in which a specific use permit hereunder has been granted.

The well authorized to be drilled and operated by the specific use permit shall be drilled, completed, operated, plugged and abandoned in compliance with all safety and fire protection laws, rules and regulations applicable thereto of any federal or state agency having jurisdiction over such subject matter for the protection of persons and property.

The penalty provisions in said Ordinance No. 690 shall apply. The ordinance granting the specific use permit may include such other and additional penalties as may be allowed by law.

Playfield or stadium (public) -

An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium.

Public building, shop or yard of local, state or federal government -

Facilities such as office buildings, maintenance yards or shops required by branches of local, state or federal government for service to an area such as highway department yard or city service center.

Radio, television or microwave towers -

Structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.

Railroad team track -

A siding for spotting and unloading or loading box cars or other railroad cars and which area is connected to a public street by a drive or access.

Railroad track and right-of-way,

but not including railroad stations, sidings, team tracks, loading facilities, docks, yards or maintenance areas.

School, business or trade -

A business organized to operate for a profit and offering instruction and training in a service or art such as a secretarial school, barber college, beauty school or commercial art school.

School, public or denominational -

A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

Sign, advertising poster panel, painted bulletins or other advertising devices -

A sign which is usually a primary use of land and which promotes and advertises commodities or services not limited to being offered on the premises on which such signs are located.

Sign, agricultural -

An accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon.

Sign, apartment name -

An accessory sign for the identification of an apartment building or complex of apartment buildings.

Sign, construction -

A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located.

Sign, development -

A temporary accessory sign related to the promotion of new developments and located on the premises involved in the development.

Sign, general business -

An accessory sign or graphic device which advertises only commodities or service offered on the premises where such signs are located and where such sign is not of the billboard, poster panel or painted bulletin type but is a sign designed specifically for the location.

Sign, institutional -

An accessory for the identity of a school, church, hospital or similar public or quasi-public institution.

Sign, real estate -

A temporary accessory sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned.

Stable, boarding -

A stable and related open pasture where horses [are] quartered for owners on a fee basis.

Stable, commercial -

An establishment where horses are kept and rented to the general public for riding.

Stable, private club -

A paddock, stable and related riding and quartering facilities for horses owned by a specific number of recorded members and maintained for the exclusive use of such members and guests.

Swim or tennis club -

A private recreational club with restricted membership, usually of less area than a country club but including a club house and a swimming pool, tennis courts and similar recreational facilities none of which are available to the general public.

Telephone exchange, switching relay and transmitting equipment,

but not including public business facilities, storage or repair facilities.

Temporary field or construction office -

A structure or shelter, subject to removal by order of building official, used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.

Topless Establishments (63b):

Any business activity which offers the opportunity (whether as a single activity or in conjunction with any other business activity) to view male or female naked breasts or breasts that are partially clothed in a manner that leaves uncovered or visible through less than opaque clothing any portion of the breast below the areola, and where the genital areas and anus are covered by a g-string or other opaque covering.

Trailer camp or mobile home park -

A tract of land designed or being used to accommodate one or more transient portable dwelling units originally designed to be moved on wheels from location to location by automobile, truck or similar prime mover.

Two-family dwelling -

A single structure designed and constructed with two (2) living units under a single roof for occupancy by two (2) families.

Wrecking or auto salvage yard -

A yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.

(Ordinance 1225, sec. 1, adopted 4/20/93; Ordinance 1249, sec. 1, adopted 7/12/94; Ordinance 1452, secs. 1, 2, adopted 8/22/06)

§ 8 Area regulations.

Except as hereinafter provided, no building or structure or part thereof shall be erected, altered or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations herein specified for lot area, lot width, lot depth, lot coverage and front, side and rear yards:

Lot area.

The minimum residential lot area for the various districts shall be in accordance with the following schedule, except that a lot having less area than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used for a one-family dwelling and no lot existing at the time of passage of this ordinance shall be reduced in area below the minimum requirements set forth herein:

In the following zoning districts the minimum lot area for residential use shall be in accordance with the following schedule:

Schedule minimum lot areas

Type Use	A	SF-1	SF-2	2F	MF	PD	P	O	NS	R	C	CB	LI	HI
One-Family Dwelling Detached	2 Acres	10,000	6,000	6,000	5,000	6,000	6,000	6,000	6,000	5,000	5,000	5,000	5,000	Residential Uses Not Permitted
One-Family Dwelling Attached	–	–	–	–	2,000	2,000	2,000	2,000	2,000	2,000	2,000	2,000	2,000
Two-Family Dwelling	–	–	7,000	7,000	–	7,000	7,000	7,000	6,000	6,000	6,000	6,000	–
Multiple-Family Dwelling One to Three Stories	–	–	–	–	7,500 Minimum and Not Less than 1,500 for Each Dwelling Unit		7,000 Minimum and Not Less than 1,500 for Each Dwelling Unit
Multiple-Family Dwelling over Three Stories	–	–	–	–	12,000 Minimum and Not Less than 300 for Each Dwelling Unit		–	–	–	–	12,000 Minimum and Not Less than 300 for Each Dwelling Unit

Lot width.

The minimum lot width for lots in the various districts used for residential purposes shall be in accordance with the following schedule, except that a lot having less width than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used as a one-family dwelling and no lot existing at the time of passage of this ordinance shall be reduced in width below the minimum set forth herein:

In the following zoning districts the minimum lot width for residential uses shall be in accordance with the following schedule:

Schedule minimum lot widths - residential districts

Minimum Width of Lot in Feet
TYPE USE	A	SF-1	SF-2	2F	MF	PD
One-Family Dwelling Detached	150	70	50	50	50	50
One-Family Dwelling Attached	–	–	–	–	20	20
Two-Family Dwelling	–	–	–	60	60	60
Multiple-Family Dwelling	–	–	–	–	60	60

Schedule minimum lot widths - nonresidential districts

Minimum Width of Lot in Feet
TYPE USE	P	O	NS	R	C	CB	LI	HI
One-Family Dwelling Detached	60	60	60	50	50	50	–	None Specified
One-Family Dwelling Attached	20	20	20	20	20	20	20
Two-Family Dwelling	60	60	60	60	60	60	–
Multiple-Family Dwelling	60	60	60	60	60	60	60

Lot depth.

The minimum lot depth for the various districts shall be in accordance with the following schedule, except that a lot having less depth than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used for a one-family dwelling and no lot existing at the time of passage of this ordinance shall be reduced in depth below the minimum set forth herein:

In the following zoning districts the minimum lot depth for residential uses shall be in accordance with the following schedule:

Schedule of minimum lot depth - residential districts

Minimum Depth of Lot in Feet
TYPE USE	A	SF-1	SF-2	2F	MF	PD
Minimum Depth of Lot in Feet for One and Two-Family Residential Uses	200	120	100	100	100	100
Minimum Depth of Lot in Feet for Multiple-Family Use	–	–	–	–	120	120

Schedule minimum lot widths - nonresidential districts

Minimum Depth of Lot in Feet
TYPE USE	P	O	NS	R	C	CB	LI	HI
Minimum Depth of Lot in Feet for One and Two-Family Residential Uses	100	100	100	100	100	100	100	None
Minimum Depth of Lot in Feet for Multiple-Family Use		120		120	120	120	120	None

Lot coverage and floor area ratio.

The maximum percentage of any lot area which may hereafter be covered by the main building and all accessory buildings and the maximum ratio of floor area to the total area of the lot or tract on which a building is located shall not exceed the following schedule, except where an existing building at the effective date of this ordinance may have a greater percentage of a lot covered or a higher floor area ratio than herein prescribed, such building shall be considered a conforming use:

In the following zoning districts the maximum building lot coverage and floor area ratio shall be in accordance with the following schedule:

Schedule maximum building coverage - residential districts

TYPE USE	A	SF-1	SF-2	2F	MF	PD
Maximum Percent of Lot Area Which May be Covered by Building in Residential Use	–	–	–	–	40*	40*

*See extra coverage provisions for accessory buildings Section 13-3.

Schedule maximum coverage and F.A.R. - nonresidential districts

TYPE USE	P	O	NS	R	C	CB	LI	HI
Maximum Percent of Lot Area Which May be Covered by Building in Residential Use	40*	40*	40*	40*	40*	40*	40*	–
Maximum Floor Area – Lot Area Ratio – Residential or Nonresidential Uses	–	–	–	–	2:1	15:1	2:1	1:1

*See extra coverage provisions for accessory buildings Section 13-3.

Front yard.

No building, structure or use shall hereafter be located, erected or altered so as to have a smaller front yard than hereinafter required:

In the following zoning districts the minimum required front yard shall be in accordance with the following schedule and no building[,] structure or use shall hereafter be located, erected, or altered so as to have a smaller front yard than hereinafter required:

Schedule minimum front yards - residential districts

TYPE USE	A	SF-1	SF-2	2F	MF	PD
Minimum Front Yard in Feet Except as Hereinafter Provided	40	25	25	25	25 See c.-(6)	See c.-(7)

Schedule minimum front yards - nonresidential districts

TYPE USE	P	O	NS	R	C	CB	LI	HI
Minimum Front Yard in Feet Except as Hereinafter Provided	25	25	25	25	None c.-(8)	None c.-(8) and (9)	None c.-(8) and (9)	None c.-(8) and (9)

Special front yard regulations.

(1)

Where the frontage on one side of a street between two (2) intersecting streets is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage. (See Appendix Illustration 7)

(2)

Where a building line has been established by plat or ordinance approved by the planning and zoning commission or enacted by the city commission and such line requires a greater or lesser front yard setback than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat.

(3)

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet. (See Appendix Illustration 5)

(4)

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one (1) required front yard need be observed. (See Appendix Illustration 6)

(5)

If buildings along the frontage of any street in a residential block have observed an average setback which is greater or lesser in dimension than the minimum front yard established in the district, then the average front yard of all buildings in the block shall establish the minimum front yard, however, this regulation shall not be interpreted as requiring a front yard of more than fifty (50) feet or any building to observe a setback exceeding ten (10) feet greater than that observed on any adjacent lot. (See Appendix Illustration 8)

(6)

In the MF District, a minimum front yard of twenty-five (25) feet shall be required provided that, however, when apartment structures over three (3) stories are approved, in no case shall the distance from the centerline of the street on which a building fronts to the front face of the building be less than one-half (1/2) the height of the building. (See Appendix Illustration 11)

(7)

In the PD district, the following front yards shall be provided:

Commercial or retail development. Sixty (60) feet except drive-in service buildings may have a minimum thirty-foot front yard and gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line.

Housing development. Twenty-five (25) feet.

Industrial development. Thirty (30) feet.

Office, medical or other development. Twenty-five (25) feet.

(8)

Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line.

(9)

In the C, CB, LI and HI districts, no front yard is required except that no structure may be erected nearer than thirty (30) feet to the centerline of any street upon which such structure fronts, nor may any building in the aforespecified be erected ahead of any building line established by ordinance.

Side yard.

In the following zoning districts the minimum required side yard shall be in accordance with the following schedule and no building, structure or use shall hereafter be located so as to have a smaller side yard on each side of such building than herein required.

Schedule minimum side yards - residential districts

TYPE USE	A	SF-1	SF-2	2F	MF	PD
Side Yard Residential Structures Minimum Required Width in Feet	–	5	5	5	5 See c.-(2) (3) (6) for Apartments	See c.-(7)

In nonresidential districts P, O, NS, R, C, CB, LI AND HI, the side yard for residential uses shall be the same as required in the MF-1 district. No side yard is specified for nonresidential uses except as indicated in c.-(8).

Special side yard regulations

(1)

Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein, and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed twenty-four (24) inches into the required side yard.

(2)

Multiple-family dwellings not exceeding three (3) stories in height shall provide a minimum side yard of fifteen (15) feet between any building wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding thirty-five (35) feet in width may provide a minimum side yard of ten (10) feet. Where a building wall contains no openings for windows, light or air, a minimum side yard of ten (10) feet shall be provided between such wall and the side lot line. (See Appendix Illustration 9)

(3)

Where apartment buildings or structures are constructed to exceed three (3) stories in height, a side yard equal to one (1) foot for each two (2) feet of building height for all building faces or walls having opening for light, air or access shall be provided, except that such side yard need not exceed fifty (50) feet. In all districts permitting the construction of apartment buildings exceeding three (3) stories in height, a minimum side yard of ten (10) feet shall be required for any building face or wall which contains no openings for windows, light or air. (See Appendix Illustration 11)

(4)

On a corner lot a side yard adjacent to a street for a multiple-family dwelling not exceeding three (3) stories in height shall not be less than fifteen (15) feet and no balcony or porch, or any portion of the building may extend into such required side yard, except that a roof may overhang such side yard not to exceed four (4) feet.

(5)

On a corner lot used for one-family or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this ordinance, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission containing a side yard of ten (10) feet or more, the building line provisions on the plat shall be observed. On lots which were official lots of record prior to the effective date of this ordinance, the minimum side yard adjacent to a side street shall be ten (10) feet. (See Appendix Illustration 4)

(6)

A one-family attached dwelling shall provide a minimum required side yard adjacent to a side street of ten (10) feet and no complex of attached one-family dwellings shall exceed three hundred (300) feet in length. A minimum required side yard of five (5) feet shall be provided at the end of each one-family attached dwelling complex so that the end of any two (2) adjacent building complexes shall be at least ten (10) feet apart. (See Appendix Illustration 12)

(7)

The minimum side yard requirements in a planned development district shall be established on the site plan which shall be made a part of the amending ordinance.

(8)

No side yard is specified for nonresidential use in the O, NS, R, C, CB, LI, and HI districts except where a commercial, retail or industrial or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum ten-foot side yard shall be provided on the side adjacent to such residential district.

Rear yard.

No building or structure shall hereafter be located, erected or altered to have a rear yard smaller than herein required:

In the A, SF-1, SF-2, 2F, MF, P, O, NS, R, C, or LI districts, no main residential building may be constructed nearer than ten (10) feet to the rear property line. The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one side lot line with the midpoint of the opposite side lot line. For accessory building standards, see section 13.

In the O, NS, R, C, CB, LI and HI districts, no rear yard is specified for nonresidential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed herein, a minimum rear yard of ten (10) feet shall be provided.

The minimum rear yard in a PD district shall be established on the site plan or by the Amending Ordinance.

Where multiple-family dwellings exceed three (3) stories in height, a rear yard equal to one (1) foot for each two (2) feet of building height shall be provided except that no such rear yard need exceed fifty (50) feet to comply with this provision and except further that in the MF district, no rear yard exceeding ten (10) feet shall be required for buildings exceeding three (3) stories where the rear wall of a residential structure contains no openings or windows for light and air.

§ 8A [Construction of carports.]

Notwithstanding the requirements set forth in section 8, a carport may be constructed only in conformity with the regulations hereinafter specified.

Definitions:

Applicant:

Property owner seeking a permit to construct a carport.

Carport:

A structure within or to be constructed within the applicable front setback requirements to shelter vehicles (as herein defined) with no enclosed sides. Vehicles shall not include boats, motor homes, recreational vehicles, truck tractors or trucks exceeding one (1) ton in weight.

Attached:

Affixed to main building.

Detached:

A separation of not less than five (5) feet from the main building.

Main building:

Principal residence or the building in which the primary commercial activity is conducted.

Property owner:

The owner as reflected upon the most recent tax roll on file in the office of the tax assessor-collector for Gray County, Texas.

Permit:

A permit may be issued by the office of the building inspector to construct a carport at a location which does not comply with the front, side and rear yard minimum requirements of section 8 under the following conditions:

(1)

A verified application by the applicant upon a form promulgated by the city’s building official office shall be filed with said office with the hereinafter required supporting documents.

(2)

Satisfactory proof that the location of such carport does not violate existing building and use restrictions applicable to said property.

(3)

Verified written consent from each property owner of lots located within two hundred (200) linear feet from the side property lines of the applicant and two hundred (200) linear feet on either side of a line extended from the applicant’s midpoint of the front property line across to the opposite side of the street. If the owner of a property within the consent area is unknown, or the owner’s current address is unknown, and after the applicant has exercised due diligence in determining ownership and an address to obtain such consent, the building official may waive the consent from such owner. Such determination will be made on a case-by-case basis and the decision to waive or not to waive such consent is within the sole discretion of the building official.

(4)

The surrounding terrain, e.g., varying elevations, does not create sight or safety hazards as determined by the building inspector.

Fee:

A fee of seventy-five dollars ($75.00) shall be paid concurrent with the filing of the application for the carport construction permit.

Review of application:

The office of the building official shall have thirty (30) days after the filing of the application to review the application and the documents submitted therewith. The building official shall notify the applicant within such time period whether the permit is denied or granted. If the building official takes no action on such application within said time frame, the application shall be deemed approved.

Location and construction requirements:

A carport to be constructed under a permit granted under this section 8A shall comply with the following restrictions and requirements:

Minimum front and side yard requirements:

(1)

Front: Not less than five (5) feet from front property line.

(2)

Side:

(a)

Attached: Not less than five (5) feet from the side property line.

(b)

Detached: Not less than three (3) feet from the side property line in rear portion of lot.

Height restrictions:

(1)

Front yard: No taller than main building.

(2)

Side yard (front): No taller than main building.

Entrance/wall height/roof overhang: The vehicle entrance to the carport shall not exceed seven (7) feet from the floor to the top of the entrance. The eave shall not be higher than eight (8) feet from ground level. The roof overhang shall not exceed eighteen (18) inches. A side panel at the top shall not exceed twelve (12) inches in width.

Construction materials: All construction materials shall be new or like new. Nothing in this ordinance shall be construed as amending or repealing any applicable building codes.

(Ordinance 1327, sec. 1, adopted 1/12/99)

§ 9 Height regulations.

No building or structure shall be located, erected or altered so as to exceed the height limit hereinafter specific for the district in which the building is located:

In the following zoning districts the maximum height of buildings and structures shall be:

A, agricultural district: Three (3) stories except as noted in subsection 2 following;

SF-1, single-family dwelling district: Two and one-half (2-1/2) stories except as noted in subsection 2 following;

SF-2, single-family dwelling district: Two and one-half (2-1/2) stories except as noted in subsection 2 following;

2F, two-family dwelling district: Two and one-half (2-1/2) stories except as noted in subsection 2 following;

MF, multiple-family dwelling district: Three (3) stories except as noted in subsection 2 following, or to any legal limit when approved by specific use permit;

P, parking district: Three (3) stories except as noted in subsection 2 following;

O, office district: To any legal limit except as noted in subsection 2 following;

NS, neighborhood service: Two (2) stories except as noted in subsection 2 following;

R, retail district: Three (3) stories except as noted in subsection 2 following;

C, commercial district: Twenty (20) stories except special setback required for all structures above three (3) stories (See section 8(4) for floor area ratio);

CB, central business district: To any legal height not prohibited by other laws or ordinances (See section 8(4) for floor area ratio);

LI, light industrial district: To any legal height not prohibited by other laws or ordinances (See section 8(4) for floor area ratio);

HI, heavy industrial district: To any legal height not prohibited by other laws or ordinances (See section 8(4) for floor area ratio);

PD, planned development: To any legal height provided that the total floor area does not exceed the total site area and coverage of site by first floor does not exceed forty (40) percent of the total site area.

Special height regulations: In the districts where the height of buildings is restricted to two (2) or three (3) stories, cooling towers, roof gables, chimneys, and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (3) stories in height.

§ 10 Vehicle parking regulations.

Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any use permitted in the district in which it is located unless there shall be provided on the lot or tract, on an immediately contiguous lot or tract or within one hundred fifty (150) feet of such building or structure, vehicle parking in the following ratio of vehicle spaces for the uses specified in the designated districts, except that an established use lawfully existing at the effective date of this ordinance need not provide vehicle parking as hereinafter set forth and that no existing vehicle parking in connection with said use at the effective date of this ordinance may be reduced below the minimum number of spaces as hereinafter required:

In the following zoning districts the minimum off-street parking spaces for residential uses shall be:

A, agricultural district: Two (2) spaces for each dwelling unit;

SF-1, one-family dwelling district: Two (2) spaces for each dwelling unit;

SF-2, one-family dwelling district: One (1) space for each dwelling unit;

2F, two-family dwelling district: One and one-half (1-1/2) spaces for each dwelling unit or a minimum of three (3) spaces for each duplex;

MF, multiple-family dwelling district: Two (2) spaces for each dwelling unit;

P, parking district: Two (2) spaces for each dwelling unit;

O, office district: Two (2) spaces for each dwelling unit;

NS, Neighborhood service district: Two (2) spaces for each dwelling unit;

R, retail district: Two (2) spaces for each dwelling unit;

C, commercial district: One (1) space for each dwelling unit;

CB, central business district: One (1) space for each dwelling unit;

LI, light industrial district: Two (2) spaces for each dwelling unit;

HI, heavy industrial district: No requirement (dwelling excluded);

PD, planned development district: Two (2) spaces for each dwelling unit plus such additional requirements as may be specified by the Amending Ordinance.

Parking space schedule nonresidential uses applicable to all districts except the CB, central business district:

Bank, savings and loan or similar financial establishment: One (1) space for each three hundred (300) square feet of floor area;

Bowling alley: Six (6) spaces for each lane;

Clinics or doctors’ offices: One (1) space for each three hundred (300) square feet of floor area (minimum of five (5) spaces);

Commercial outdoor amusement: Twenty (20) spaces plus one (1) space for each one hundred (100) square feet of floor area over one thousand (1,000) square feet;

Convalescent home or home for aged: One (1) space for each six (6) rooms or beds;

Gasoline service station: Minimum of six (6) spaces;

Golf course: Minimum of thirty (30) spaces;

High school, college or university: One (1) space for each classroom, laboratory or instruction area plus one (1) space for each four (4) students accommodated in the institution;

Hospitals: One (1) space for every two (2) beds;

Hotel or motel: One (1) space for each room, unit or guest accommodation;

Institutions of a philanthropic nature: Ten (10) spaces plus one (1) space for each employee;

Library or museum: Ten (10) spaces plus one (1) for each three hundred (300) square feet of floor area;

Manufacturing, processing or repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater;

Offices, general: One (1) space for each three hundred (300) square feet of floor area (minimum five (5) spaces);

Places of public assembly not listed: One (1) space for each three (3) seats provided;

Recreational, private or commercial area or building (other than listed): One (1) space for every three (3) persons to be normally accommodated in the establishment;

Restaurant or cafeteria: One (1) space for every three (3) seats under maximum seating arrangement (minimum of five (5) spaces);

Retail or personal service: One (1) space for each two hundred (200) square feet of floor area (minimum of five (5) spaces);

Schools, elementary or junior high: One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium, or other place of assembly;

Storage or warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater;

Theaters, meeting rooms and places of public assembly: One (1) space for every three (3) seats.

Special off-street parking regulations

In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building for development.

In the SF-1, SF-2, 2F, MF, O and NS districts, no parking space, garage, or carport or other automobile storage space or structure shall be used for the storage of any truck, truck trailer or van except panel and pickup trucks not exceeding one and one-half (1-1/2) ton capacity.

Floor area of structure devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use.

Parking requirements for new or unlisted uses

Where questions arise concerning the minimum off-street parking requirement for any use not specifically listed, the requirements may be interpreted as those of a similar use.

Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to subsection 4-a or where uncertainty exists, the minimum off-street parking requirements shall be established by the same process as provided in section 7(15) for classifying new and unlisted use.

§ 11 Off-street loading regulations.

Except in the CB district, all retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten (10) by forty-five (45) feet, and such spaces or berths shall be provided in accordance with the following schedules:

For normal retail, commercial sales service or industrial use buildings and establishments, off-street loading facilities shall be provided in accordance with the following schedule:

Square Feet of Gross Floor Area in Structure	Minimum Required Spaces or Berths
0 to 5,000	None
5,000 to 15,000	1
15,000 to 40,000	2
40,000 to 65,000	3
65,000 to 100,000	4
Each additional 50,000	1 additional

For hotels, office buildings, restaurants and similar establishments, off-street loading facilities shall be provided in accordance with the following schedule:

Square Feet of Gross Floor Area in Structure	Minimum Required Spaces or Berths
0 to 10,000	None
10,000 to 50,000	1
50,000 to 100,000	2
100,000 to 200,000	3
Each additional 200,000	1 additional

§ 12 Sign regulations.

The districts in which the various types of signs are permitted are indicated by the Schedule of Uses, section 7. The following special provisions shall apply to the various types of signs in the districts indicated:

Permanent type signs.

	Type Sign	Zone Permitted	Maximum Area	Spacing Standards
a.	Name plate	All residential districts	2 sq. ft.
		All districts except residential	No restriction
b.	Institutional sign	All residential districts	30 sq. ft.
		All districts except residential	No restriction
c.	Apartment sign	All districts permitting apartments	50 sq. ft.	One per street frontage
d.	Business sign	Specific use permit in office district	No restriction except as hereinafter provided for certain districts and types
		Permitted in NS, R, C, CB, LI, HI, and PD districts
e.	Advertising sign	Permitted in C, CB, LI, HI districts	No restriction except as hereinafter provided for central districts	None specified
f.	Agricultural sign	Permitted in A, R, C, CB, LI, HI and PD districts	100 sq. ft.	200 ft. between signs

Temporary type signs.

	Type Sign	Zone Permitted	Maximum Area	Spacing Standards
a.	Real estate sign	All residential districts	12 sq. ft.	One for each platted lot or tract and for acreage – one for each 200 ft. of street or highway frontage
		In all districts except residential	No restriction	None specified
b.	Construction sign	In all districts	60 sq. ft.	None
c.	Development sign	In all districts In single-family, two-family and multiple-family district subject to approval of building official as provided in section 14(3)	400 sq. ft.	One per project or one for each 100 acres in project

In PD, planned development district, the sign standards shall be specified in the Amending Ordinance.

No sign shall be constructed to exceed the maximum building height permitted in the specific district where the sign is located except in shopping centers or similar commercial or office centers containing six (6) acres or more pylon or major identification signs not to exceed seventy-five (75) feet in height may be erected when set back from the side and rear property line a distance equal to the height of the sign.

No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal.

Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds fifty (50) percent of its replacement value shall be removed.

No sign shall be erected so as to project into the public right-of-way of any street or alley, except in the CB, central business district. In the CB, central business district, any projecting sign shall not extend outward from any building face into the public right-of-way for a distance of more than six (6) feet or to within two (2) feet of the street curb, whichever is more restrictive.

No sign shall be located or erected within the required front yard except a pole sign not exceeding eighty (80) square feet in area may be erected on sites utilized by gasoline service stations, drive-in grocery or similar quick service retail establishments. No such pole signs shall be located so that any portion of the sign encroaches into the public right-of-way for a distance of more than two (2) feet from the property line.

No advertising sign structure shall contain more than two (2) sign panels facing in the same direction.

10.

No provision of this ordinance shall supersede or replace any other ordinance of the City of Pampa having to do with the sign standards, materials or construction except the provisions of this ordinance pertaining to the use of the various types of signs in the various districts and their size and location shall take precedence over all other ordinances, regulations and standards.

§ 13 Fence and wall regulations.

In any residential district or along the common boundary between any residential and nonresidential district where a wall[,] fence or screening separation is erected, the following standards for height and design shall be observed:

Height of fence or wall

(1)

Any fence or wall erected on the property line and located to the rear of the minimum required front yard line as determined by the provisions of section 8, paragraph 5, shall not exceed eight (8) feet in height above the adjacent grade.

(2)

Any fence or wall erected on the property line and located between the front property line and the minimum required front yard line as determined by the provisions of section 8, paragraph 5, or within the minimum front yard space shall not exceed four (4) feet in height above the adjacent grade.

(3)

No fence, screen wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. At all street intersections clear vision shall be maintained across the lot for a distance of fifteen (15) feet back from the property corner along both streets.

Screening walls or visual barriers.

(1)

Any screening wall or fence required under the provisions of section 7 paragraph 17, planned development district, shall be constructed of masonry or with a concrete or metal frame supporting a permanent type wall, mall or fence material which does not contain openings constituting more than forty (40) square inches in each one (1) square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

(Ordinance 732, sec. 1, adopted 7/25/72; Ordinance 748, sec. 1, adopted 6/25/74; Ordinance 763, sec. 1, adopted 5/27/75)

§ 13A Accessory building regulations.

Area regulations for accessory buildings and structures in residential and apartment districts:

Front yard.

Attached accessory buildings shall have a front yard not less than the main building. Detached accessory buildings shall be located in the area defined as the rear yard.

Side yard.

There shall be a side yard for any detached accessory building of not less than three (3) feet from any side lot line when such detached accessory building is located in the rear of the lot (the rear of a line erected connecting the midpoints on the two opposite side lot lines of any lot, tract or plot). When a detached accessory building is located in front of the line connecting the two midpoints of the opposite side lot lines as herein described such accessory building shall observe the same side yard as specified for the main building.

Rear yard.

There shall be a rear yard for accessory buildings not less than three (3) feet from any lot line, alley line or easement line, except that if no alley exists, the rear yard shall not be less than ten (10) feet as measured from the rear lot line. Where apartments are permitted, the main building of all accessory buildings shall not cover more than fifty (50) percent of the rear of the lot (that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line). Carports, garages, or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located nearer than three (3) feet to any side lot line.

Air conditioning or similar accessory structures.

Air conditioning compressors, cooling towers and similar accessory structures shall observe all front, side or rear yards specified for accessory buildings. When such accessory structures are located in the side yard of that portion of a lot herein designated as the rear of the lot, the minimum side yard shall be three (3) feet. When such accessory structures are located forward of the line dividing the rear of the lot from the front of the lot, the accessory structures shall observe the same side yard as required for the main structure.

§ 14 Special area and use regulations.

Courts.

Where an apartment building or buildings are erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet.

Location of dwellings and buildings.

Only one (1) main building for one-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a public street, or approved place, other than an alley, which means of access shall have a minimum width of thirty (30) feet. Where a lot is used for retail, commercial, industrial purposes, or a combination of same, or for a combination of retail and dwelling purposes, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a public street, other than an alley. Whenever two (2) or more main buildings, or portions thereof, are desired to be 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 planning and zoning commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one (1) building shall be computed as being the open space, yard or area requirements for any other dwelling or other use.

Special development signs.

Special temporary development and promotion signs not exceeding four hundred (400) square feet in area may be erected on private property upon approval of the building official. The building official shall control the location and duration of such sign use to assure that the occupancy and use of adjacent lots are not interfered with and that no safety hazard is created. Such special development signs will be removed at the direction of the building official after completion of the development of ninety (90) percent of the project advertised.

Temporary construction buildings.

Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the building official and subject to periodic renewal by the official for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the building official.

§ 15 Creation of building site. [1]

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 (1) of the following conditions:

The lot or tract is part of a plat of record, properly approved by the planning and zoning commission and filed in the plat records of Gray County.

The site plot or tract is all or part of a site plan officially approved by the city commission in a planned development district after recommendation by the planning and zoning commission, which site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting including the designation of building areas and such easements, alleys and streets have been required and properly dedicated and the necessary public improvements provided.

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 of Pampa, whichever is applicable, in which event a building permit for only one main building may be issued on each such original separately owned parcel without first complying with section 15(a)(1) or 15(a)(2).

b.1.

That all occupied mobile homes shall be permitted to be located in the following areas, to-wit:

South 1/2 of Blocks 19, 20, 21, 22, Wilcox Addition; East 1/2 of Blocks 23, 33, 34, Wilcox Addition; North 1/2 of Blocks 39, 40, 41, 42, Wilcox Addition; All of Blocks 25, 26, 27, 28, 29, 30, 31, 32, 35, 36, 37, 38, Wilcox Addition;

West 1/2 of Blocks 2, 19, 22, 39, Talley Addition; All of Blocks 3, 4, 5, 16, 17, 18, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 37, 38, Talley Addition;

Lots 7 through 12, Block 42, Talley Addition; Lots 1 through 12, Block 43, Talley Addition; Lots 1 through 12, Block 44, Talley Addition; Lots 1 through 12, Block 45, Talley Addition; Lots 1 through 12, Block 46, Talley Addition; Lots 1 through 12, Block 47, Talley Addition; Lots 1 through 12, Block 48, Talley Addition; to the City of Pampa, Gray County, Texas; which areas shall be classified as an SF-3 district.

That Lots 19, 20, 21, 22 in Block 2 of the Wilcox Addition to the City of Pampa, Gray County, Texas, shall hereinafter be classified under the specific use permit zoning.

b.2.

That occupied mobile homes shall be permitted to be located in the following area, to-wit:

Being subdivisions of a part of the southeast quarter of Section 103, Block 3, of the I&GN RR Co. Survey, Gray County, Texas, described as follows:

Beginning at the southeast property corner of Lot 50, Block 1, Mooreland Addition for the beginning of this tract;

Thence westerly along the north line of McCullough Street to the southwest corner of Lot 50 in Block 2, Mooreland Addition;

Thence northerly along the east line of Clark Street to the northwest corner of Lot 26, Block 2, Mooreland Addition, said point being on the south line of Crawford Street;

Thence westerly along the south line of Crawford Street to the northeast corner of Lot 1, Block 1, Bethume Heights;

Thence southerly along the west alley line to the southeast corner of Lot 8, Block 1, Bethume Heights;

Thence westerly along the north line of Bunche Street to the southwest corner of Lot 8, Block 2, Bethume Heights;

Thence northerly along the west line of Block 2, to the northwest corner of Lot 1, Block 2, Bethume Heights, said point being in the south line of Crawford Street;

Thence westerly along the south line of Crawford Street to the northwest corner of Plot 91, said point being the southeast corner of Crawford and Barrett Street intersection;

Thence northerly along the east side of Barrett Street to a point in the center line of the Fort Worth and Denver Railroad track as shown on Zoning Ordinance No. 690 Map adopted by the City of Pampa in May, 1969;

Thence in a southeasterly direction of said railroad track to a point in the west alley line of Block 4, Haggard Addition, as shown on said Zoning Map;

Thence southerly along the west line of an alley to the southeast corner of Lot 50, Block 1, Mooreland Addition to the point of beginning of said Tract;

which area shall be classified as an SF-3 District.

b.3.

That occupied mobile homes shall be permitted to be located in the following areas, to-wit:

Tract I: Being a subdivision of a part of the Southwest Quarter of Section Ninety-one (91) in Block Three (3) of the I&GN RR Survey, Gray County, Texas, described as follows:

Beginning at the SW property corner of Lot 9, Smith Addition, for the beginning of this tract;

Thence north along the east ROW line of Barnes Street to the NW corner of Suburbs 38;

Thence northeasterly along the south ROW line of Tyng Ave. to the northeast corner of Lot 11, Block 4, Littleton 2nd Addition;

Thence southerly along the west ROW line of Tignor Street to the southeast corner of Lot 3, Block 2, Hughes-Pitts Addition;

Thence westerly along the south line of Lots 3 and 26, Block 3, Lots 3 and 26, Block 4, to the southwest corner of Lot 28, Block 1, Hughes-Pitts Addition;

Thence northwesterly to the southeast corner of Lot 1, Block 2, Allam Addition; Thence westerly along the north alley line to southwest corner of Lot 10, Hansen 2nd Addition;

Thence northerly to the southeast corner of Lot 1, Smith Addition;

Thence westerly to the southwest corner of Lot 9, Smith Addition to the point of beginning.

which areas shall be classified as an SF-3 District.

Tract II: Being subdivisions of the southeast quarter of Section One Hundred Fourteen (114) in Block Three (3) of the I&GN RR Survey, Gray County, Texas, described as follows:

Beginning at the southwest property corner of Lot 22, Block 2, Neal Addition for the point of beginning of this tract;

Thence Northerly along the east line of Farley Street to the southwest property corner of Lot 11, Block 4, Lavender Addition;

Thence easterly along the north line of Oklahoma Street to the southwest property corner of Lot 20, Block 2, Lavender Addition;

Thence northerly along the east line of Dwight Street to the northwest property corner of Lot 13, Block 2, Lavender Addition;

Thence northeasterly to the northeast property corner of Lot 13, Block 2, Lavender Addition;

Thence easterly along the south property line of Lot 30, Block 2, Lots 16 and 35, Block 1, Lavender Addition; Lots 3 and 22, Block 5, Finley Banks Addition to the southwest property corner of Lot 3, Block 6, Finley Banks Addition;

Thence northerly along the East line of Summer Street to the northwest property corner of Lot 3, Block 6, Finley Banks Addition;

Thence easterly along the south property line of Lot 2 and Lot 23, Block 6, Lots 2 and 23, Block 7, to the southeast property corner of Lot 2, Block 8, Finley Banks Addition;

Thence southerly along the west line of alley to the southeast property corner of tract 155-M2 of Plot 155 as shown on City Tax Records;

Thence westerly along the north line of McCullough Avenue to the point of beginning of said tract;

which areas shall be classified as an SF-3 District.

Editor’s note–See the editor’s note following section 2.

[1]

Editor’s note—Numbering added to this Section.

§ 16 Platting property not permanently zoned.

The Planning and Zoning Commission of the City of Pampa shall not approve any plat of any subdivision within the city limits of the City of Pampa until the area covered by the proposed plat shall have been permanently zoned by the City Commission of the City of Pampa.

The Planning and Zoning Commission of the City of Pampa shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Pampa is pending before the city commission unless and until such plat shall have been approved by resolution by the city commission.

In the event the planning and zoning commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the city commission so that the city commission can, if it desires, act on the matter of permanent zoning and annexation at the same time.

§ 17 Nonconforming uses and structures.

A nonconforming status shall exist under the following provisions of this ordinance:

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of Ordinance Number 194 [adopted on November 1, 1938] and has been operating since without discontinuance.

When on the effective date of this ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provision of the prior zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located.

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the City of Pampa and has since been in regular and continuous use; except, however, if the use was an Adult Business on the effective date of an annexation and which does not conform to the location and zoning requirements pertaining to an Adult Business shall be a Nonconforming Use which may continue for three (3) years from the effective date of annexation. Upon the expiration of three (3) years, all Nonconforming Use rights shall terminate and the use shall be illegal and shall terminate.

Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the nonconforming use. The building official may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher or more restricted classification as the original nonconforming use. In [the] event a nonconforming use of a building may be changed to another nonconforming use of more restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned.

If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded.

No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street parking or off-street loading space upon approval of the board of adjustment.

Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premise[s] shall henceforth be in conformance to this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six (6) months shall be considered to have been abandoned.

§ 18 (Reserved)

Editor’s note–In the 1987 codification, at the city’s instruction, section 18, as amended, which pertains to the board of adjustment, was moved to the Code of Ordinances so that all of the city’s boards and commissions could be grouped into one article. Provisions pertaining to the board of adjustment are now located in section 9.06.186 et seq. Since its adoption as part of Ordinance 690, this section has subsequently been amended by Ordinance 861, sec. 1, adopted 5/13/80 and Ordinance 865 adopted 5/13/80. This section was published in the 1987 Code as section 2-246 et seq.

§ 19 Certificate of occupancy and compliance.

No building hereafter erected, converted or structurally altered shall be used, occupied or changed in use and no land may be used nor shall any basic change of use in land or structure be made until a certificate of occupancy and compliance shall have been issued by the building official of the City of Pampa stating that the building or proposed use of land or buildings complies with the provisions of this ordinance and other building laws of the City of Pampa.

A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit and will be issued within ten (10) days after the completion of the erection, alteration or conversion of such building or land provided such construction or change has been made in complete conformity to the provisions of this ordinance. All existing or hereafter created nonconforming uses shall obtain certificates of occupancy within eighteen (18) months of the effective date of this ordinance. An occupancy permit shall be considered evidence of the legal existence of a nonconforming use as contrasted to an illegal use and violation of this ordinance.

A certificate of occupancy and compliance shall state that the building or proposed use of a building or land, complies with all the building or health laws or ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building official, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building affected.

§ 20 Completion of building under construction.

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 ordinance and which entire building shall be completed within one (1) year from the date of the passage of this ordinance.

§ 21 Amendments.

Any person or corporation having a proprietary interest in any property may petition the City Commission for a change or amendment to the provisions of this Ordinance or the Planning and Zoning Commission may on its own motion or on request from the City Commission institute studies and proposals for changes and amendments in the public interest.

PROCEDURE

The City Commission may, from time to time, amend, supplement, or change by Ordinance the boundaries of the districts, classifications of the districts, or the regulations herein established as provided by the Statutes of the State of Texas.

Before taking action on any proposed amendment, supplement or change under Section 2a above, the governing body shall submit the same to the Planning and Zoning Commission for its recommendation and report which shall be made in writing.

If the proposed amendment, supplement or change is to be made in any regulation (which shall exclude any change in boundaries of the districts and classifications of the districts), the Planning and Zoning Commission shall hold a public hearing on any application or City Commission requested change in a regulation prior to making its recommendation and report to the City Commission. Notice of such public hearing shall be given by publication in the official publication of the City of Pampa stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days nor later than ten (10) days from the date of publication.

If the proposed amendment, supplement or change is to be made in any boundaries of the districts or classification of the district, the Planning and Zoning Commission shall hold a public hearing on any application for such amendment, supplement or change prior to making its recommendation and report to the City Commission. Before the 10th day before the hearing date, written notice of the public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved tax roll of the City of Pampa, of real property within 200 feet of the property on which the change in classification is proposed.

A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change in the boundary of the district, classification of the district or regulation. Notice of such hearing shall be given by publication in the official publication of the City of Pampa stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days nor later than ten (10) days from the date of publication.

Unless a proposed amendment, supplement or change has been approved by the Planning and 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 (20) percent or more of the area of the lots included in such a proposed change, or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths (3/4) vote of the governing body. In computing the percentage of land area under this paragraph f, the area of streets and alleys shall be included.

(Ordinance 885, sec. 1, adopted 12/2/80; Ordinance 951, sec. 1, adopted 5/24/83; Ordinance 1423, sec. 1, adopted 8/24/04; Ordinance 1452, sec. 3, adopted 8/22/06)

§ 22 General definitions.

Certain words in this ordinance not heretofore defined are defined as follows:

Words used in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the words “plot” or “tract”; the word “shall” is mandatory and not discretionary.

Accessory use.

A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.

Alley.

A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Apartment.

A room or suite of rooms in a multifamily dwelling or apartment house arranged, designed or occupied as a place of residence by single family, individual or group of individuals.

Apartment house.

Area of the lot.

The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.

Basement.

A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.

Block.

An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side.

Board.

Zoning board of adjustment as provided for in section 18 [section 9.06.186 et seq. of this code].

Building.

Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building ends.

Those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.

Building line.

A line parallel or approximately parallel to the street line at a specified distance therefrom making the minimum distance from the street line that a building may be erected.

Building official.

The building official or person charged with the enforcement of the zoning and building codes of the City of Pampa.

Cellar.

A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of occupancy and compliance.

An official certificate issued by the city through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

City commission.

The governing body of the City of Pampa, Texas.

Clinic.

A group of offices for one (1) or more physicians, surgeons, or dentists, to treat sick or injured out-patients who do not remain overnight.

Convalescent home.

Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.

Court.

An open, unoccupied space, bounded on more than two (2) sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

Coverage.

The percent of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of two (2) feet from the walls of a building shall be excluded from coverage computations.

Depth of lot.

The mean horizontal distance between the front and rear lot lines.

District.

A section of the City of Pampa for which the regulations governing the area, height or use of the land and buildings are uniform.

Dwelling, multiple-family.

Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or residence of three (3) or more families.

Dwelling, one-family.

A building having accommodations for and occupied by not more than one (1) family, or by one (1) family and not more than four (4) boarders and lodgers.

Dwelling, two-family.

A detached building having separate accommodations for and occupied by not more than two (2) families, or by two (2) families and not more than four (4) boarders and lodgers.

Dwelling unit.

A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.

Family.

Any number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood, marriage or adoption.

Floor area.

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages.

Floor area ratio (FAR).

The ratio between the total square feet of floor area in a structure and the total square feet of land in the lot or tract on which the structure is located.

Height.

The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof’s surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

HUD-Code Manufactured Home -

Means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. 3282.8(g).

Living unit.

The room or rooms occupied by a family and must include cooking facilities.

Lodging house.

A building where lodging for five (5) or more persons is provided for compensation.

Lot.

Land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this ordinance and having its principal frontage upon a public street or officially approved place.

Lot coverage.

The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot or the area determined as the maximum cross-sectional area of the building.

Lot depth.

The mean distance between the front and rear lot lines. (See Appendix Illustration 2)

Lot lines.

The lines bounding a lot as defined herein.

Lot of record.

A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Gray County, or a parcel of land, the deed for which it is recorded in the office of the County Clerk of Gray County prior to the adoption of this ordinance.

Lot width.

The width of a lot at the front building lines. (See Appendix Illustration 1)

Main building.

The building or buildings on a lot which are occupied by the primary use.

Manufactured Housing or Manufactured Home -

Means a HUD-code manufactured home or a mobile home (defined above [below]) and collectively means and refers to both.

Editor’s note–Section 2 of Ordinance 1359, adopted 2/27/01, amended this section by adding the above definition of “Manufactured Housing or Manufactured Home.” Section 3 of Ordinance 1359 states, “Manufactured housing or a manufactured home shall only be permitted within the Single Family-3 zone.”

Mobile Home and Trailer, House (Mobile Home)

means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems.

Nonconforming use.

A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. (See section 17)

Occupancy.

The use or intended use of the land or buildings by proprietors, or tenants.

Open space.

Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.

Parking space.

An enclosed or unenclosed all-weather surfaced area of not less than one hundred eighty (180) square feet (measuring approximately nine (9) feet by twenty (20) feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the public area requirements for any use.

Planning and zoning commission.

The agency appointed by the city commission as an advisory body to it and which is authorized to recommend changes in the zoning.

Private garage.

An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.

Residence.

Same as dwelling; also when used with district, an area of residential regulations.

Rooming house.

(See Lodging House)

Sign.

An outdoor advertising device that is a structure or that is attached to or painted on a building or that is leaned against a structure or display on premises.

Story.

The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven (11) feet, six (6) inches.

Street.

Any thoroughfare or public driveway, other than an alley, and more than thirty (30) feet in width, which has been dedicated or deeded to the public for public use.

Street line.

A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line.

Structural alterations.

Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Structure.

(Same as Building)

Thoroughfare.

(Same as Street)

Variance.

An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Yard.

An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point forty (40) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, front.

An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. (See Appendix Illustrations 3 and 5)

Yard, rear.

An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated. (See Appendix Illustration 3)

Yard, side.

An open, unoccupied space or spaces on one (1) side or two (2) sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed a side line. (See Appendix Illustrations 3 and 4)

Zoning district map.

The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

(Ordinance 1359, secs. 1, 2, adopted 2/27/01)

§ 23 Penalty for violations.

Any person violating any of the provisions of the ordinance shall, upon a conviction, be fined any sum not exceeding two hundred dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded by a violation of the terms of the ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.

§ 24 Preserving rights in pending litigation and violations under existing ordinances.

By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this zoning ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

§ 25 Validity.

If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional.[1]

[1]

Editor’s note–Ordinance 1030 adopted 9/10/85 contains severability provisions for petroleum or gas well and collection system” under section 18 of the zoning ordinance.

§ 26 Enactment clause.

Passed and approved on its first reading this the 25th day of March, 1969.

Passed and approved on its second and final reading this the 8th day of April, 1969.