09-13-09-Ordinance-Specific Use Permit for Quick Service Food and Beverage-09/08/2009ORDINANCE 09-13-09
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 A B-2
BUSINESS DISTRICT 2 ON PROPERTY LEGALLY DESCRIBED AS TRACT 52b
OF THE HENRY TIERWESTER SURVEY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABIL,ITY
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 52b of the Henry Tierwester survey.
Section 2 A Specific Use Permit for a quick -service food and beverage shop is
herby granted for the above described property within a B-2 Business District, subject to the
following conditions:
1. The business be limited to the sale of snow cones and similar confections
2. The sale of snow cones shall be conducted from a structure not larger than 56 square feet
installed on a paved surface in the southwest corner of the site.
3. The structure shall be installed on the site no earlier than March 1st of each year and
removed no later than October 31 st of each year.
4. The temporary installation of a structure with non-metal and non -masonry exterior walls is
permitted between March 1st and October 31 st of each year. The structure shall be
maintained in a state of good repair during this period.
5. The applicant submit the written consent of the property owner to operate the stand.
6. The applicant locate the stand along the western property line, north near the building,
away from FM 455.
7. The applicant not permit customer parking on the adjacent property to the west.
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 8th day of September, 2009.
Mayor Ybe'Higgs "
ATTEST:
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