04-08-07-Ordinance-Amending the Zoning Ordinance Quick Service Food and Beverage and Signage-04/16/2007ORDINANCE 04-08-07
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 42.2 SPECIAL
DEFINITIONS TO AMEND DEFINITION NUMBER 93 FOR QUICK -SERVICE FOOD
AND BEVERAGE SHOP; AMENDING THE CODE OF ORDINANCES BY ADDING
SUBSECTIONS (n) AND (o) TO SECTION 3.104 TO REGULATE SIGNS; AMENDING
SECTION 30.2, THE SCHEDULE OF USES, TO DESIGNATE QUICK -SERVICE FOOD
AND BEVERAGE SHOP USES WITH SPECIAL USE PERMIT IN THE B1, B2, B3, Il
AND I2 DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due notice of a hearing was made in the time and maim-ler prescribed by law and the
Planning and Zoning Commission of the City of Sanger, Texas, duly convened and conducted a
public hearing for the purpose of assessing a zoning classification change on the hereinafter
described property located in the City of Sanger, Texas; and
WHEREAS, an additional opportunity for all interested persons to be heard was provided by the
City Council of the City of Sanger, Texas, at an open meeting, with proper notice given; Now
Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1. That Section 42.2, "Special Definitions" of the Comprehensive Zoning
9/
Ordinance, Chapte of the Code of Ordinances of the City of Sanger, Texas, is amended by
amending section 93 to read as follows:
"93. Quick -Service Food and Beverage Shop -An establishment offering food or beverage
service to customers either through an automobile pick-up window or a walk-up window, with or
without eating space provided within the building."
Section 2. That Section 3.1403 of the Code of Ordinances of the City of Sanger, Texas,
the "Sign Regulations", is amended by adding subsections (n) and (o) to read as follows:
"(n) No luminous gaseous tubing sign within an enclosed building behind glass and
visible outside the building from the public right-of-way through a window, except "Open"
signs, shall be permitted.
(o) "Open" signs shall not include any other word, symbol, graphic, or advertising, and
shall not flash, blink or display any movement."
Section 3. That the "Schedule of Uses", Section 30.2 of the Comprehensive Zoning
Ordinance, "Retail and Service Type Uses", is amended in part to add and designate quick -
service food and beverage shop, definition 93 of section 42.2, in alphabetical order, which may
be approved by Special Use Permit in the B1, B2, B3, I1, and I2 Districts.
Section 4. All ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
Section S. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this ordinance, since the
same would have been enacted by the City Council without the incorporation in this ordinance of
any such unconstitutional word, phrase, clause, sentence, paragraph, or section.
Section 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive
Zoning Ordinance of the City of Sanger, and upon conviction shall be punished by a fine not to
exceed the surn of two thousand dollars ($2,000.00) for each offense, and each and every day
such violation shall continue shall be deemed to constitute a separate offense.
Section 7. This ordinance will take effect immediately from and after its passage and the
publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
Sanger, Texas, on this day ofat)a t 2007.
12287.aoc
Jo eggs, Mayor �+
AT T T: 7
Rosalie Chavez, City Se etary
AP 7ED A TT:
O O
O ,
City Attorney
(RLD/2-1407/74405/12287. doe)