85-32-Ordinance-Amending the Zoning Ordinance Regulations-11/18/1985CITY OF SANGER, TEXAS
ORDINANCE N0. 85-32
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY,
TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY
(ORDINANCE NO. 1462-2, AS AMENDED) BY PROVIDING FOR
PLANNED DEVELOPMENT DISTRICTS; ESTABLISHING
CRITERIA FOR UTILIZATION OF SUCH DISTRICTS;
REQUIRING A SITE PLAN; SETTING A TIME LIMIT FOR
IMPLEMENTATION OF PLANNED DEVELOPMENT; ESTABLISH-
ING CONDITIONS AND CRITERIA REQUIRING COUNCIL
REVIEW OF CHANGES IN PREVIOUSLY AUTHORIZED .PLANNED
DEVELOPMENT DISTRICT; PROVIDING A PENALTY FOR
VIOLATIONS; PROVIDING FOR SEVERABILITY OF CLAUSES;
AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION
AND PENALTY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED FOR EACH OFFENSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS THAT:
SECTION l: TYPES OF DISTRICTS
The City Council 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. Residential developments on tracts of one (l) acre or
more.
2. Commercial development on tracts of one-half (�) acre or
more.
3. Industrial parks or districts.
4. Medical center or medical hospital.
5. Civic center or conununity center.
6. Recreation center.
7. A combination of any of the types of developments listed
in 1 through 6.
1
8. Transition districts
district whereby the
screening walls, open
protective transition
restrictive district.
SECTION 2: SITE PLAN
as an extension of an
provision of off-street
space, and planting would
between a lesser and
existing
parking,
create a
a more
In establishing a Planned Development District in accordance
with this ordinance, the City Council shall require a
comprehensive site plan of the development. Such site plan
shall be approved and filed as part of the ordinance
approving the Planned Development District prior to the
issuance of any Building Permit in said District. The
required site plan shall set forth the requirements for
ingress and egress to the property, public and/or private
streets or drives, sidewalks, utilities, drainage (including
on -site retention of surface water, if applicable), parking,
height of buildings, maximum lot coverage (coverage shall
include structures, pavement and any other impervious
materials), yards, parks, open spaces, landscaping,
screening walls or fences and other development and protec-
tive requirements considered necessary to create a reaso-
nable transition to and protection of adjacent property.
The amending ordinance establishing the district shall spe-
cify which uses are included and therefore permitted.
SECTION 3: PLANNED DEVELOPMENT DISTRICT TO BE
ESTABLISHED BY AMENDING ORDINANCE
Every Planned Development District approved under the provi-
sions 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 Council
may impose conditions relative to the standards of develop-
ment and such conditions shall be approved prior to site
preparation and 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.
2
SECTION 4: DEVELOPMENT TIME REQUIREMENTS
The applicant for a Planned Development District shall have
one (1) year from the date of passages of the amending ordi-
nance creating a district to begin construction within the
authorized district and shall have two (2) years from date
of passage of the amending ordinance creating the district
to complete the development of the district as authorized in
the amending ordinance. The failure to meet such one or
both of these time deadlines shall invalidate the amending
ordinance creating the district. The City Council may
include in the amending ordinance creating the district time
deadlines other than those included in this section. The
City Council may extend said construction start and develop-
ment completion deadline upon appeal by applicant. and upon
showing by owner of just cause for such extension(s).
SECTION 5: CHANGES IN APPROVED PLANNED
DEVELOPMENT DISTRTCTS
Upon request by developer, site plan changes may be
authorized by the City Administrator or his agent providing
that the proposed change is in conformity with city codes,
ordinances, and/or regulations. Any other site plan changes
shall be subject to review and approval by the City Council.
The City Council may request that such proposed changes be
reviewed by the Planning and Zoning Commission prior to any
Council action on the request. Any change in use in an
authorized Planned Development District shall be reviewed by
the Planning and Zoning Commission. Said Commission shall
present a recommendation, the Council shall review and
approve or disapprove the proposed change in use.
SECTION 6: APPROVED PLANNED DEVELOPMENT DISTRICTS TO BE
INCLUDED ON ZONING MAP
All Planned Development Districts approved in accordance
with the provisions of this ordinance in its original form
or by subsequent amendments thereto shall be referenced on
the Zoning District Map and a list of such Planned
Development Districts, together with the category of uses
permitted therein, shall be maintained as an Appendix to
this ordinance.
3
r'
�
�
SECTION 7: 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 8: SEVERABTLITY
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,
such portion shall be deemed a separate, distinct and
independent provision and such holdings shall not affect
the validity of the remaining portions thereof.
0
PASSED AND APPROVED on this _� day of �%,�--��-r��-��� :�' ,
1985, by the City Council of the City of Sanger, Texas.
APPROVED:
Mayor
ATTEST: