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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: