HomeMy WebLinkAbout2000-017\\CFI LGL\VOLT\SHARED\DEPNMGL\Our Docunamts\0rdmances\99\Moratonum commercial exemptions amendment doe
ORDINANCE NO AVO- (J/'%
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM
THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM
STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN
TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION
OF A REVISED LAND DEVELOPMENT CODE, PROVIDING FOR A SPECIFIC
EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT
APPLICATION MORATORIUM, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING
FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for
the City of Denton on December 7, 1999, which supercedes the Denton Development Plan, and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
residential land use, growth management, housing and open space provision, and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including inter aha its zoning and subdivision regulations, in order to implement such polices,
goals and strategies, and
WHEREAS, it appears that substantial applications for approval of commercial
developments is likely to occur in the intervening time period, and
WHEREAS, it further appears that approval of such development applications
inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan,
and
WHEREAS, the City Council adopted Ordinance No 99-474 establishing a moratorium
on certain commercial development applications pending the adoption of the interim regulations,
and
WHEREAS, the City Council finds that it is in the public interest to amend such
ordinance to allow exemptions for certain commercial uses as defined by the ordinance and for a
specific exemption for public projects, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No 99-474 is hereby amended by adding the following
provisions
Exemptions. The moratorium established by Ordinance No 99-474 shall not apply to the
following types of development applications
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(A) a commercial development aUnhcahon for commercial uses as listed in Exhibit A
which is attached hereto and incorporated by reference as if set out word for
word,
(B) a commercial development application for a public project
A public proiect is defined for the purposes of this ordinance as any project that is initiated for a
governmental entity This includes but is not limited to federal, state, county, municipal, school
district or a subdivision of a school district, special districts allowed by state law, publicly owned
utility, or any other governmental or quasi -governmental authority
SECTION 2 Preamble Fmdmes The findings and recitations contained in the preamble
of this ordinance are substantive and are hereby incorporated into the body of this ordinance
SECTION 3 Saying That the provisions of this ordinance shall govern and control over
any conflicting provisions of Ordinance No 99-474, but all the provisions of Ordinance No 99-
474 not in conflict with this ordinance shall continue in full force and effect
SECTION 4 Severability, If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid by any court, such invalidity shall not affect the
validity of other provisions or applications, and to this end the provisions of this ordinance are
severable
SECTION 5 Attachment That a copy of this ordinance shall be attached to Ordinance
No 99-474 showing the amendment herein approved
SECTION 6 Effective Date This ordinance shall become effective immediately upon
the date of its passage and approval /
PASSED AND APPROVED this the 10 day of 2000
JAC D ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY A/
EXHIBIT A
The following specific uses (bold letters) which are listed in Section 35-77 of the Code of Ordinances, City of
Denton, Texas are exempted form the moratorium created by Ordinance 99-474
• PRIMARY RESIDENTIAL USES
ONE FAMILY DWELLING RESTRICTED
• EDUCATIONAL, INSTITUTIONAL & SPECIAL USES
ART GALLERY OR MUSEUM
CEMETERY OR MAUSOLEUM
CHURCH OR RECTORY
COLLEGE, UNIVERSITY OR PRIVATE SCHOOL
COMMUNITY CENTER (PUBLIC)
DAY NURSERY OR KINDERGARTEN SCHOOL
HOSPITAL (GENERAL ACUTE CARE)
INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE
LIBRARY (PUBLIC)
MONASTERY OR CONVENT
PARK, PLAYGROUND OR PUBLIC COMM CENTER
SCHOOL, PRIVATE PRIMARY OR SECONDARY
SCHOOL, PUBLIC OR DENOMINATIONAL
SCHOOL, BUSINESS OR TRADE
• UTILITY, ACCESSORY AND INCIDENTAL USES
PUBLIC BUILDING, SHOP, YARD OR LOCAL, STATE, OR FEDERAL GOVERNMENT
SWIMMING POOL (PRIVATE)
• RECREATIONAL AND ENTERTAINMENT USES
GOLF COURSE (PUBLIC)
PARK OR PLAYGROUND (PUBLIC)
PLAY FIELD OR STADIUM (PUBLIC)
• AGRICULTURAL TYPE USES
FARM OR RANCH
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