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85-35-Ordinance-Authorizing the Issuance of Specific Use Permits-11/18/1985 CITY OF SANGER ORDINANCE NO, 85-35 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS; SPECIFYING DISTRICTS AND USES FOR WHICH SPECIFIC USE PERMITS MAY BE ISSUED; AUTHORIZING THE ACQUISITION OF DATA AS NEEDED TO EVALUATE APPLICATIONS FOR PERMITS; AUTHORIZING IMPOSITION OF CONDITIONS TO PERMITS AS NEEDED TO PROTECT THE PUBLIC WELFARE; REQUIRING APPROVED PERMITS TO BE REFERENCED ON THE ZONING MAP, REQUIRING PERMITS TO BE CONSIDERED AS AMENDMENTS TO THE ZONING ORDINANCE; ESTABLISHING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) FOR EACH INSTANCE OF VIOLATION; PROVIDING FOR SEVERABILITY. l: SPECIFIC USE PERMITS AUTHORIZED The City Council of the City of Sanger, after public/ hearing and recommendation from the Planning and Zoning Commission and after public hearing and proper notice to all parties affected may authorize by Ordinance the issuance of specific use permits for any of the f ollowing in the specified districts: (1) Dog kennels and veterinarian hospitals in any district other than any residential district. (2) Temporary commercial amusement enterprises such as circuses, carnivals, driving ranges, miniature golf courses, pony rides, miniature train rides and rodeos in any district other than any residential district. (3) Riding academy or public stable on sites of five (5) acres or more in any district other than any residential district. (4) Hospitals, children's homes, convalescent homes, retirement Ytomes, maternity homes, homes for the insane, alcoholic, feeble-minded, and narcotics, and eleemosynary institutions in any district where a site of five (5) acres or more is provided. (5) Lodges, boarding houses, rooming houses in any district where multi -family (R-3) uses are allowed. (6) Temporary building material yards and/or construc- tion offices in any district. (7) Radio, television, or microwave tower or trans- mitting station in any district other than any residential district. (8) Sewage treatment plant or pump station in any district. (9) Private swim or tennis clubs in any district. Mini -warehouses in any Local Business Industrial (LI and HI) District. Smelter -refinery in FiI District. (12) Any manufacturing or industrial use or process where questions of hazard or objectionable smell, view, noise, or airborne emissions may be likely to exist as determined by the city in HI District. (13) Mobile homes in any district. SECTION ile in district Mobhome parks any . k iessandgraveland Rocquarr, , , earth excavations in LI and HI Districts . At the time the permit is impose reasonable �f public health and restoration of such after uses have been granted, the City Council ma: conditions for the protection safety, and may provide for the property to a usable condition terminated. 2: CONDITIONS TO PERMITS AUTHORIZED The Planning and Zoning Commissionin considering and deter- mining its recommendations to the City Council on any request for a Specific Use Permit may require from the applicant plans, information, operating data and expert eva- luation concerning the location, function and charac- teristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance of this Ordinance, establish conditions of opera- tion, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location E listed as a Specific Use Permit, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protec- tion of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions. SECTION 3: PERMITS TO BE REFERENCED ON ZONING MAP All Specific Use Permits approved in accordance with the provisions of this Ordinance in its original form or as hereafter amended shall be referenced on the Zoning District Map and a list of such permits shall be maintained in an Appendix attached to this Ordinance. SECTION 4: PERMITS TO BE CONSIDERED AS AMENDMENTS TO ZONING ORDINANCE Every special use granted under the provisions of this Ordinance shall be considered as an amendment to the Zoning Ordinance as applicable to such property. In granting such permit, the City Council may impose conditions which shall be complied with by the grantee before certificate of occu- pancy may be issued by the Building Official for the use of the buildings on such property pursuant to said special per- mit; and such conditions precedent to the granting of spe- cial permit for the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy. SECTION 5: PENALTY Any violation of this ordinance shall be a misdemeanor and each day that said violation occurs shall be a separate demeanor and the penalty for violating the provisions of this ordinance shall not exceed one thousand dollars ($1,000.00) for each instance of violation. Any owner or owners of any thereof, who participates in, permits a violation of this builder, contractor, agent, assists in the commission of guilty of a separate offense, shall be fined as provided in building or premises or part or knowingly and willingly, ordinance, and any architect, person or corporation who any such violation shall be and upon conviction thereof, the preceding paragraph. 3 The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction 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 property 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 jurisdiction 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 6: 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, 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 3 .- , ' , 1985, by the City Council of the City of ATTEST APPROVED: Mayor Sanger, Texas. C