85-33-Ordinance-Amending the Zoning Ordinance Home Occupations-11/18/1985CITY OF SANGER, TEXAS
ORDINANCE NO. 85-33
AN ORDINANCE OP' THE CITY ,OF SANGER, DENTON
COUNTY, TEXAS, AMENDING THE ZONING ORDINANCE
OF THE CITY (ORDINANCE NO. 1402-2, AS AMENDED)
BY PROVIDING A DEFINITION OF HOME OCCUPATIONS;
PROVIDING A PENALTY FOR VIOLATIONS, PROVIDING
FOR SEVERABILITY OF CLAUSES, PROVIDING FOR A
FINE NOT TO EXCEED ONE THOUSAND DOLLARS
($1,000.00) FOR EACH INSTANCE OF VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS THAT:
SECTION l: HOME OCCUPATION DEFINED
The Zoning Ordinance (Ordinance 1964-2, as amended) is
hereby amended by the following definition which shall be
included as Subsection (hh) of Section l:
(hh) Home Occupation - A home occupation is an occupa-
tion customarily carried on in an existing struc-
ture of the property by not more than two (2)
employees, one of whom must be the owner of the
business being conducted at the location. A person
who engages in a home occupation shall not use an
advertising sign larger than two and one-half (2.5)
square feet in size, said sign to be non -
illuminated and attached to the structure in which
the business is conducted. A person who engages in
a home occupation shall not display or store
materials and/or equipment for sale or use outside
of the structure in which the business is con-
ducted. A person who engages in a home occupation
may conduct outdoor activities other than storage
of materials and/or equipment provided the activi-
ties are screened from adjacent properties and
public easements and rights -of -way by a solid fence
of at least six (6) feet in height, shall not
involve the use of motorized equipment, and shall
not generate loud and raucous noise that renders
the enjoyment of life and property uncomfortable or
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interferes with public peace and comfort. The
storage of firewood for public sale and the tem-
porary outdoor display of holiday -related merchan-
dise, such as Christmas trees, are specifically
exempted from the outdoor storage, display, and
fencing regulations of this ordinance. Temporary
outdoor display of holiday -related merchandise
shall be limited to a total thirty (30) day display
period for any particular merchandise item(s).
SECTION 2: PENALTY
Any violation of this ordinance shall be a misdemeanor
and each day that said violation occurs shall be a
separate misdemeanor and the penalty for violating the
provisions of this ordinance shall not exceed one
thousand dollars ($1,000.00) for each instance of viola-
tion.
Any owner or owners of any building or premises or part
thereof, who participates in, or knowingly and
willingly, permits a violation of this ordinance, and
any architect, builder, contractor, agent, person or
corporation who assists in the commission of any such
violation shall be guilty of a separate offense, and
upon conviction thereof, shall be fined as provided in
the preceding paragraph.
The penalty provided herein shall be cumulative of other
remedies provided by state law and the power of injunc-
tion as provided in Texas Revised Civil Statutes,
Article 1011h and as may be amended, may be exercised in
enforcing this ordinance whether or not there has been a
criminal complaint filed.
In addition to the penalty provided, the right is hereby
conferred and extended to any property owner owning pro-
perty in any district where such property may be
affected by a violation of the terms of this ordinance,
to bring suit in such court or courts having jurisdic-
tion thereof, and obtain such remedies as may be
available at law or in equity for the protection of the
rights of such property owners.
SECTION 3: SEVERABILITY
If any section, subsection, phrase, sentence or portion
of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction,
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CITY SECRETARY
ORIGINAL COPY
such portion shall be deemed a separate, distinct and
independent provision and such holdings shall not affect
the,validity of the remaining portions thereof.
PASSED AND APPROVED on this _%% day of
1985, by the City Council of the City of Sanger, Texas.
APPROVED:
Mayor
ATTEST:
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