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