04-05-09-Ordinance-Specific Use Permit Quick Service Food and Beverage-04/06/2009ORDINANCE 04-05-09
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL
ZONING MAP, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE
PERMIT FOR A QUICK -SERVICE FOOD AND BEVERAGE SHOP WITHIN AN I-1
INDUSTRIAL DISTRICT ON PROPERTY LEGALLY DESCRIBED AS TRACT 140
OF THE RUEBEN BEEBEE SURVEY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City
of Sanger, Texas, concerning the hereinafter described properties;
WHEREAS, due notice of hearings were made in the time and manner prescribed by law and
the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and
conducted public hearings for the purpose of assessing zoning classification changes on the
hereinafter described properties located in the City of Sanger, Texas; and
WHEREAS, an additional opportunity for all interested persons to be heard was provided by
the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted;
Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1 That the legal description of the property zoned herein is generally
described as Tract 140 of the Rueben Beebee Survey.
Section 2 A Specific Use Permit for a quick -service food and beverage shop is
herby granted for the above described property within an I-1 Industrial District, subject to the
following conditions:
1. The shop be limited to the sale of snow -cones and similar confections
2. The sale of snow -cones be conducted from a snow -cone stand not larger than 180 square
feet
3. The snow -cone stand be installed on site no earlier than April 1, 2009 and removed no later
than September 11, 2009
4. The property be maintained in condition such that customers' cars do not block the
flow of traffic on adjacent streets, and employee's cars are parked in a paved parking
lot off site with the consent of the owner of that property.
Section 3 All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 4 It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
Section 5 Any person, firm, or corporation who shall violate any of the
provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined
in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and
each and every day such offense shall continue shall be deemed to constitute a separate
offense.
Section 6 This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
Sanger, Texas, on this 6th day of April, 2009.
rn
Secretary
APPROVED:
Mayof Joe Higgs