(a) Authority, duties, and responsibilities.
In addition
to any authority granted to the planning and zoning commission (commission)
by the Texas Local Government Code, ch. 212 and ordinances of the
city, the commission shall have the following powers and duties under
the provisions of these regulations:
(1) To make recommendations to the city council concerning adoption,
modification, and implementation of the following:
(A) Comprehensive plan and supporting studies;
(B) Zoning ordinance amendments, including specific use permits (SUPs);
(C) Subdivision ordinance amendments;
(D) Land use portions of any pre-annexation development agreements;
(E) Master thoroughfare plan;
(F) Matters relating to civic improvements, including but not limited
to, public utilities and traffic regulations;
(G) Sign ordinance appeals and meritorious exceptions;
(H) Any other long-range planning activities of the city; and
(I) To act as the tree board and decide any issue that may come before
that board.
(2) To approve or disapprove all plats pursuant to the terms of Texas
Local Government Code, ch. 212 and the subdivision ordinance, except
those that may be administratively approved.
(3) The commission shall act as the city’s designated capital improvements
program (CIP) advisory committee. Ad hoc voting members may be added,
as necessary, to meet state requirements when acting as this committee,
per state law. The duties of the CIP advisory committee are listed
in section 395.058 of the Texas Local Government Code, as it exists
or may be amended.
(4) To keep informed regarding city planning “best practices”
and formulate studies for the improvement of any plans of or for the
city with a view to the present and future movement of traffic, the
convenience, health, recreation, safety, general welfare, and any
other future needs of the city.
(5) Staff should provide commission members with periodic workshops regarding
the subject of planning, zoning, comprehensive plans, open meetings,
or other subjects of benefit to the members and the functioning of
the commission.
(b) Composition of commission and terms of service.
The
planning and zoning commission shall be composed of seven (7) regular
members. Each member shall be appointed by the city council, shall
be a resident citizen of the city, and must forfeit his office should
he cease to reside within the city limits during his term of office.
The city council will consider for appointment to the commission only
citizens who have demonstrated civic interest, general knowledge of
the community, independent judgment, interest in planning and zoning
matters, and availability to prepare for and attend meetings. It is
the intent of the city council that members shall be broadly representative
of the community.
(1) Terms shall be staggered to expire September 30th of every year,
with two to three commissioners’ terms to either be extended
or terminated at that date.
(2) Members shall serve at the will and pleasure of the city council.
The terms of office for members of the commission shall be three (3)
years. Vacancies shall be filled for unexpired terms. Newly appointed
members shall be installed at the first regular commission following
their appointment.
(3) No person shall serve as a regular member of the commission for more
than three (3) consecutive, full terms of office. For purposes of
this section, the phrase “terms of office” shall not include
the unexpired portion of any three (3) year term.
(4) Members of the commission shall serve without compensation and may
not hold any elective office of the State of Texas or any other political
subdivision thereof during their terms.
(c) Meetings and procedures.
Meetings of the planning and
zoning commission may be held as often as necessary to conduct the
business of the commission and are generally held on the third Tuesday
of each month or at the call of the director. The commission shall
adopt its own rules of procedure and keep records of its proceedings
consistent with the provisions of this section and the requirements
of law. All meetings and hearings of the commission shall be open
to the public in accordance with applicable law and shall be conducted
in accordance with the procedures set forth in these regulations and
rules of procedure adopted by the commission. Any action calling for
a formal vote shall take place only at a public meeting. Executive
sessions shall not be open to the public and shall be conducted in
accordance with the procedures consistent with the laws of the State
of Texas.
(1) Quorum.
Four (4) members of the commission shall constitute
a quorum for the transaction of business.
(2) Chairman’s duties.
The chairman shall preside
over meetings. If a question regarding procedures arises, Robert’s
Rules of Order, most recently revised, shall apply.
(3) Vice-chair’s duties.
The vice-chair shall assist
the chairman in directing the affairs of the planning and zoning commission.
In the absence of the chairman, the vice-chair shall assume the duties
of the chairman. Should the chairman and the vice-chair both be absent,
the remaining commissioners shall elect a chairman pro tem to serve
at the meeting.
(4) Motions.
A motion may be made by any member other than
the presiding officer (i.e. the chairman or the member acting as chairman).
(5) Voting.
Approval of all matters and motions before the
commission shall require the affirmative vote of a majority of all
members of the commission present and voting, unless otherwise provided
by law or the adopted by rules of procedure.
(6) Minutes.
The director shall maintain minutes of its
proceedings.
(7) Voluntary disqualification for conflict of interest.
A member shall recuse himself from voting whenever he finds that
he has a personal or monetary interest in the property under review,
or that he will be directly affected by the decision of the commission
or the subsequent decision by the city council on that case, in compliance
with State law.
(Ordinance 2019-42 adopted 10/8/19)
(a) Authority, duties, and responsibilities.
In addition
to any authority granted to the board of adjustment by the Texas Local
Government Code, ch. 212, and ordinances of the city, the board of
adjustment shall have the following powers and duties under the provisions
of these regulations:
(1) To make decisions on the following:
(A) To hear and decide upon an appeal where it is alleged there is error
in an order, requirement, decision, or determination made by the director
in the enforcement of this chapter.
(B) To hear and decide upon special exceptions to the terms of the adopted regulations when the Board is authorized to make such decisions; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter (see section
14.01.202(e), below).
(C) To hear and decide upon a variances or modifications of the height, yard, area, coverage and parking regulations as the board of adjustment is specifically authorized to pass on pursuant to the terms of this chapter and the subdivision ordinance (see section
14.01.202(f), below).
(D) To act as the building standards board and decide any issue that
may come before that board.
(b) Composition of the board of adjustment and terms of service.
(1) The board of adjustment shall consist of five (5) members and two
(2) alternates who shall be appointed by the city council. Two (2)
of the members shall be appointed in one (1) year and the remaining
three (3) members shall be appointed in the following year, with terms
expiring or being extended on September 30th of the year the term
ends.
(2) Each member of the board of adjustment shall be a resident citizen
and qualified voter of the city, at the time of his appointment. A
member or alternate member who ceases to reside within the city limits
during his term of office must immediately forfeit his office.
(3) The term of office for all members shall be two (2) years. All vacancies
on the board of adjustment shall be filled by the city council.
(4) A member may not serve more than two (2) consecutive, full terms.
(5) Members of the board of adjustment may be removed by the city council
in accordance with chapter 211 of the Texas Local Government Code.
(6) Members shall serve without compensation.
(c) Meetings and procedures.
All meetings and hearings of
the board of adjustment shall be open to the public in accordance
with applicable law and shall be conducted in accordance with the
procedures set forth in these regulations and rules of procedure adopted
by the board of adjustment. Any action calling for a formal vote shall
take place only at a public meeting. Executive sessions shall not
be open to the public and shall be conducted in accordance with the
procedures consistent with the laws of the State of Texas.
(1) Quorum.
Four (4) members of the board of adjustment
shall constitute a quorum for the transaction of business.
(2) Chairman’s duties.
The chairman shall preside
over meetings. If a question regarding procedures arises, Robert’s
Rules of Order, most recently revised, shall apply.
(3) Vice-chair’s duties.
The vice-chair shall assist
the chairman in directing the affairs of the board. In the absence
of the chairman, the vice-chair shall assume the duties of the chairman.
Should the chairman and the vice-chair both be absent, the remaining
board of adjustment members shall elect a chairman pro tem to serve
at the meeting.
(4) Motions.
A motion may be made by any member other than
the presiding officer (i.e. the chairman or the member acting as chairman).
(5) Voting.
Approval of all matters and motions before the
board of adjustment shall require the affirmative vote of no less
than four (4) members of the board.
(6) Minutes.
The director shall maintain minutes of its
proceedings.
(7) Voluntary disqualification for conflict of interest.
A member shall recuse himself from voting whenever he finds that
he has a personal or monetary interest in the property under review,
or that he will be directly affected by the decision of the board
of adjustment on that case, in compliance with state law.
(d) Appeal of director’s decision.
In exercising its
powers, the board of adjustment may, in conformance with state law,
reverse or affirm, wholly or partly, or may modify the order, requirements,
decision, or determination appealed from and make such order, requirement,
decision, or determination, in the board of adjustment’s opinion,
as ought to be made and shall have all the powers of the officer from
whom the appeal is sought.
(1) Appeals to the board of adjustment concerning interpretation or administration
of this ordinance may be taken by any person aggrieved or by any officer,
department, or board of the city affected by any decision of the director.
Such appeals shall be taken within a reasonable time, not to exceed
ten (10) days after the decision has been rendered by the director
by filing with the said official a notice of appeal, specifying the
grounds thereof. The director shall forthwith transmit to the board
of adjustment all papers constituting the record upon which the action
to be appealed was taken.
(2) The director shall fix a reasonable time for the hearing of the appeal,
give public notice thereof as well as due notice to the parties in
interest. At the hearing, any party for or against the appeal may
appear in person or by agent or attorney.
(3) An appeal stays all proceedings in furtherance of the action appealed
from, unless the director from whom the appeal is taken certifies
to the board of adjustment after the notice of appeal is filed with
him, that, by reason of facts stated in the certificate, a stay would,
in his opinion, cause imminent peril to life and property. In such
case, proceedings shall not be stayed other than by a restraining
order which may be granted by the board of adjustment or by a court
of record, on notice to the director from whom the appeal is taken
and on due cause shown.
(e) Authority to grant special exceptions.
(1) A special exception shall not be granted by the board of adjustment
unless and until:
(A) Written application for a special exception is submitted indicating
the section of the Code of Ordinances under which the special exception
is sought and stating the grounds on which it is requested;
(B) Notice must be given at least fifteen (15) days in advance of the
public hearing. The owner of the property for which special exception
is sought or his agent shall be notified by mail. Notice of such hearings
must be posted on the property for which the special exception is
sought, at city hall, and notice must be provided in one other public
place, such as a newspaper, at least fifteen (15) days prior to the
public hearing;
(C) A public hearing shall be held. Any party may appear in person or
by agent or attorney;
(D) The board of adjustment is empowered under the section to grant,
deny, or modify the special exception request, so long as the granting
of the special exception will not adversely affect the public interest.
(2) In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and the penalties set forth in section
14.01.111, penalties and enforcement shall apply. The board shall prescribe a time limit within which the action for which the special exception is required shall begin or be completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception, without necessity of further action by the board of adjustment.
(f) Authority to grant variances.
(1) The board of adjustment is authorized to grant variances from the
terms of this chapter and the subdivision ordinance so long as the
variance will not be contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
these chapters would result in unnecessary hardship so that the spirit
of these chapters are observed and substantial justice is achieved.
A variance from the terms of this chapter or the subdivision ordinance
shall not be granted by the board of adjustment unless and until a
written application for a variance is submitted demonstrating that
all of the following conditions have been met:
(A) That special conditions and circumstances exist which are peculiar
to the land, structure, or building involved and which are not applicable
to other lands, structures, or buildings in the same district or area;
(B) That a literal interpretation of the provisions of this chapter or
the subdivision ordinance would deprive the applicant of rights commonly
enjoyed by other properties in the same district or area under the
terms of this chapter or the subdivision ordinance;
(C) That the special conditions and circumstances did not result from
the actions of the applicant; and
(D) That granting the variance requested will not confer on the applicant
any special privilege that is denied by this chapter or the subdivision
ordinance to other lands, structures, or buildings in the same district
or area.
(2) Nonconforming use of neighboring lands, structures, or buildings
in the same district, and permitted use of lands, structures, or buildings
in other districts shall not be considered grounds for the issuance
of a variance.
(3) Notice of public hearing shall be published and/or sent a minimum
of ten (10) days prior to the public hearing;
(4) A public hearing shall be held. Any party may appear in person, or
by agent or attorney;
(5) The board of adjustment shall make findings that all of the requirements
of this section have been met by the applicant for a variance;
(6) The board of adjustment shall further make a finding that the reasons
set forth in the application justify the granting of the variance
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure;
(7) The board of adjustment shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this chapter or the subdivision ordinance and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(8) In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter or the subdivision ordinance and the penalties set forth in section
14.01.111, penalties and enforcement shall apply.
(9) Under no circumstances shall the board of adjustment grant a variance
to allow a use not permissible under the terms of this chapter in
the district involved or any use expressly or by implication prohibited
by the terms of this chapter in said district.
(10) Each decision by the board of adjustment in granting a variance is
considered on a case-by-case basis and does not establish precedence.
(g) Appeals resulting from board of adjustment action.
Any
persons, jointly or severally, aggrieved by a decision of the board
of adjustment under this section, or any taxpayer or any officer,
department, or board of the municipality may file in a district court
or court of competent jurisdiction a petition, setting forth that
such decision is in error, in whole or in part, and specifying the
grounds of the error, in compliance with state law.
(Ordinance 2019-42 adopted 10/8/19)
(a) Authority, duties, and responsibilities.
Hereby is created
a historic preservation commission (HPC). The powers of the HPC shall
include the authority to do the following:
(1) Adopt rules and procedures;
(2) Conduct and administer history resource surveys;
(3) Develop public outreach/education/awareness programs;
(4) Approve/disapprove certificates of appropriateness for the OT district;
(5) Provide design and other reasonable forms of advice to owners and
tenants of historic properties in the certificates of appropriateness
review process, coordinated with such efforts;
(6) Recommend acquisition of endangered historic resources to the city
council when necessary;
(7) Recommend acceptance of donation of preservation easements;
(8) Recommend tax or other financial incentive[s] to encourage preservation
of historic resources;
(9) Promote design guidelines for the OT district;
(b) Composition of HPC and terms of service.
(1) The HPC is composed of seven (7) members and two (2) alternate members
to be appointed by the city council. All HPC members shall have a
demonstrated outstanding interest in the historic traditions of the
city and experience in the preservation of the historic character
of Celina. The city council shall endeavor, to the extent reasonably
available, to appoint members from the following categories:
(A) Architect, planner, or design professional;
(C) Licensed real estate broker/appraiser;
(E) Owner of, or resident or tenant in the OT district;
(F) Member of the Celina Area Heritage Association;
(G) Archaeologist or person from a related discipline; or
(H) Other specific background as desired.
(2) Each member of the HPC shall be a resident citizen and qualified
voter of the city, or a downtown business owner, or a downtown property
owner at the time of his appointment. A member or alternate member
who ceases to establish one of the three criteria for membership during
his term of office must immediately forfeit his office.
(3) A member of the planning and zoning commission shall be appointed
by the mayor to serve as a nonvoting liaison to the HPC.
(4) HPC members shall serve for a period of two years, their terms to
be staggered (four members appointed one year and three members appointed
the next year). Alternate commission members shall also serve for
a period of two years.
(c) Meetings and procedures.
(1) The chair and vice-chair of HPC shall be elected or re-elected by
and from members of HPC annually.
(2) The city manager, the downtown development manager for the Celina
Main Street Program, and the city attorney also serve as ex-officio
members of the HPC.
(3) The HPC shall meet as needed as determined by the director. The city
manager may, when necessary and with adequate notice, call special
meetings of the HPC. All meetings will be held in conformance with
state law.
(4) Notice of public hearing shall be published in the newspaper of record
and sent to the adjacent property owners of the subject property a
minimum of five (5) days prior to the public hearing.
(5) A quorum shall consist of four (4) HPC members. A positive vote of
a majority of the quorum shall be required to take any official action.
(d) Support staff and historic preservation officer.
(1) The city manager or his designee shall administer the ordinance and
the permitting and zoning functions thereof contained in this and
other applicable ordinances.
(2) The Celina Downtown Development Manager shall serve as historic preservation
officer, coordinating the HPC’s and city’s preservation
activities with the county, state, and federal agencies as appropriate
and advising the HPC on relevant issues.
(e) Authority to approve certificates of appropriateness (CA).
The HPC shall follow the United States Secretary of the Interior’s
formal written Standards for the Rehabilitation of Historic Buildings
in its consideration of all applications for certificates of appropriateness.
These standards shall be made available to owners and tenants of property
within the OT district.
(1) A person, entity, agent, attorney, or corporation shall not alter
a property or cause to have a property altered within the OT district
or any portion of the exterior of a structure on the site, or a person
shall not alter a property within a OT district or any portion of
the exterior of a structure on the site, or designated adjacent right-of-way
or place, construct, maintain, expand or remove any structure on the
site without first obtaining a certificate of appropriateness (CA)
in accordance with this chapter. A certificates of appropriateness
shall be obtained prior to the issuance of any building permit, although
the certificates of appropriateness review and building permit and
other required permit review processes may be conducted simultaneously.
A certificates of appropriateness may also be required for work not
otherwise requiring a building permit. The certificates of appropriateness
shall be required in addition to, and not in lieu of, any required
building permit.
(2) The city council shall exempt, except as otherwise provided herein,
noncontributing properties from the certificates of appropriateness
review process and from complying with the OT district design guidelines.
Allowing noncontributing properties to be exempt from a certificates
of appropriateness does not exempt the requirement for a certificates
of appropriateness for new construction that is to replace a noncontributing
property (building, or structure) or new construction on a vacant
lot.
(3) Prior to commencement of any work, the owner shall file an application
for a certificates of appropriateness with the city manager or his
designee. The application shall contain pertinent information necessary
for the HPC to make an informed decision.
(4) The HPC shall deny, approve, or approve with conditions any certificates of appropriateness application within thirty (30) calendar days of receipt of a completed application, determining whether the proposed work is consistent with the regulations contained in this section
14.01.203, in all applicable ordinances, and in the zoning ordinance and design guidelines. Upon posted notice, and notification by regular mail at least five (5) days in advance to the immediately adjacent property owners as that ownership appears on the last approved tax roll, the HPC shall conduct a public hearing on the application, at which time an opportunity is provided for proponents and opponents of the application to present their views.
(5) All decisions of the HPC shall be in writing, stating its approval
or the specific reasons for denying or modifying any applications.
A copy of the certificates of appropriateness shall be sent to the
applicant (by registered mail) and a copy filed with the director.
(f) Appeal of historic preservation commission actions.
(1) An applicant for certificates of appropriateness dissatisfied with
the action of the HPC on the application may appeal the decision to
the city council within fifteen (15) days after receipt of notification
of such action. The applicant shall be advised by the director of
the time and place of the hearing at which the appeal will be considered
and the applicant shall have the right to attend and be heard as to
the reasons for filing the same.
(2) In determining the appeal, the city council shall consider the same
factors as the HPC, the HPC report, and other matters presented at
the hearing on the appeal.
(3) The city council shall affirm, modify or reverse the decision by
the HPC on the application for the certificates of appropriateness,
and may impose such conditions as are necessary to assure that the
proposed action meets the criteria for approval. If the application
is disapproved, the city council may indicate what changes in the
plans and specifications would meet the condition for protecting the
distinctive historical character of the district. The director shall
notify the applicant and the HPC of the council’s decision.
(g) Issuance of permits.
(1) Upon approval of an application for a certificates of appropriateness,
director shall be authorized to issue a building permit or other permits
required to undertake the action proposed in the application consistent
with all applicable city standards.
(2) No change shall be made in the scope of work or any building permit
after issuance of certificates of appropriateness without submittal
of an application to amend the certificate, which shall be considered
by the HPC in the same manner as provided above. If a property owner
wishes to change the scope of work under a certificates of appropriateness,
the property owner shall consult the director who shall have the authority
to approve non-substantive changes. If the director deems the requested
changes to be substantive, such changes shall be referred to the HPC
for action.
(h) Minor exterior alterations.
(1) If the HPC determines that the applicant is seeking a certificates
of appropriateness to authorize only minor exterior alterations, as
defined in this section, the HPC shall review the application to determine
whether the proposed work complies with the regulations contained
in this section and all applicable OT district regulations, including
the design guidelines, and approve or deny the application within
thirty (30) calendar days of receipt.
(2) Any interested person may appeal the city staff’s decision
by submitting to the city staff a written request for appeal within
thirty (30) days of the city staff’s decision. The written request
for appeal starts the standard certificate of appropriateness review
procedure by the historic preservation commission.
(3) Minor exterior alteration. Minor exterior alteration is the installation
of or to awnings, fences, gutters and downspouts; signs; incandescent
lighting fixtures; landscaping and hardscaping comprising less than
twenty-five percent (25%) of the front or side yard; restoration of
original architectural features that constitute a change from existing
conditions; painting of wood or other appropriate elements that constitutes
a change in color from existing color; and additions and changes not
visible from any street to the rear of the main structure or to an
accessory structure.
(i) Demolition permits and economic hardship.
(1) The director shall not issue a demolition permit for a structure
within the OT district until review and issuance of a completed certificates
of appropriateness application by the HPC. The director shall not
forward the application to the HPC until the application is complete.
The following information shall be supplied by the applicant before
the application is considered complete:
(A) Information describing the condition of the structure;
(B) Estimated cost of restoration or repair;
(C) Demonstration that the adaptive use or restoration of the structure
has been seriously considered;
(D) Any available historic records of the building (drawings, photographs);
(E) Architectural drawings for any proposed new construction which is
intended to replace the historic structure;
(F) Any conditions proposed to be voluntarily placed on new development
that would mitigate the loss of the historic landmark structure;
(G) Any other information that the staff finds appropriate for the commission
to render a decision on the application.
(2) The HPC shall hold a public meeting on the application within thirty
(30) calendar days of receipt of the completed application. A copy
of the decision shall be forwarded to the director and to the applicant
within ten (10) days following the public meeting.
(3) An applicant whose demolition permit has been denied may apply for
hardship relief. In order to prove the existence of hardship, the
applicant shall have the burden to establish that:
(A) The property is incapable of earning a reasonable return on the owner’s
investment;
(B) The property cannot be adapted for another use that can result in
the reasonable return; or
(C) No potential purchaser of the property with a reasonable offer who
intends to preserve it can be identified.
(4) The HPC shall hold a public meeting on the hardship application within
sixty (60) calendar days following the original date of application
for the demolition permit, at which time proponents and opponents
of the application may present their views. The HPC may seek expert
assistance in the fields of real estate development, appraisal, financing,
and other related disciplines to review the hardship application.
(5) The applicant shall consult in good faith with the HPC, interested
local groups, and individuals in a diligent effort to investigate
alternatives that will result in preservation of the property.
(6) All decisions of the HPC shall be in writing. Copies shall be sent
to the applicant and a copy filed with the city secretary.
(7) If disapproved, the applicant may appeal to the city council in the
same manner as for a certificate of appropriateness. If demolition
is approved, the HPC shall notify the building official or director
so the appropriate permits may be issued for demolition.
(j) Enforcement.
All work performed pursuant to a certificates
of appropriateness issued under this section shall conform to all
its requirements. It shall be the duty of the director to inspect
periodically to ensure such compliance.
(Ordinance 2019-42 adopted 10/8/19)
(a) Administration and enforcement.
The director of development
services (“director”) shall administer and enforce this
chapter. If the director shall find that any of the provisions of
this chapter are being violated, he shall notify in writing the person
responsible for such violations, indicating the nature of the violation,
and ordering the action necessary to correct it. He shall order discontinuance
of illegal use of land, buildings, or structures, or of additions,
alterations, or structural changes thereto; discontinuance of any
illegal work being done; or shall take any other action authorized
by this chapter to ensure compliance with or to prevent violation
of its provisions.
(b) Director or designee.
The director may designate appropriate
staff members to assist and guide decision making for those items
that require staff approval.
(c) Director authority to interpret the zoning ordinance.
The director of development services shall have the authority to make judgments regarding the interpretation of the regulations of the zoning ordinance that are deemed to meet the intent of the chapter, including any minor modifications or waivers, and to make necessary interpretations or decisions that are not contrary to the stated goals and intent of the chapter. Any deviations or waivers that are deemed by the director to have major importance or that may be contrary to the stated goals and intent of the chapter shall be processed as described in article
14.01, part three, procedures.
(d) Approval of plans.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the director authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, construction, or variance with that authorized shall be deemed violation of this chapter, and punishable as provided by section
14.01.111, penalties and enforcement, hereof.
(Ordinance 2019-42 adopted 10/8/19)