1990-124ORDINANCE NO. U _9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING A SPECIAL
EXEMPTION AREA IN THE CENTRAL BUSINESS DISTRICT; AMENDING THE
PROVISIONS OF APPENDIX B - ZONING OF THE CODE OF ORDINANCES TO
EXEMPT BUSINESSES SERVING ALCOHOLIC BEVERAGES IN THE SPECIAL
EXEMPTION AREA FROM THE REQUIREMENT FOR SPACING FROM HOSPITALS,
SCHOOLS, CHURCHES, AND RESIDENTIAL DWELLINGS LOCATED IN THE SPECIAL
EXCEPTION AREA; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, revitalization of the central business district is an
important community goal; and
WHEREAS, the zoning ordinance now prohibits the serving of
alcoholic beverages in any business located within 300 feet of a
church, school, or hospital, and within 100 feet of a residence;
and
WHEREAS, the City recognizes that the Courthouse on the Square
business area is appropriate for restaurant and entertainment
uses, including the serving of alcoholic beverages; and
WHEREAS, the Council wishes to designate a portion of the land
within the district as a "Special Exemption Area" to allow busi-
nesses located in the Exemption Area to serve alcoholic beverages
free of the spacing requirements of the zoning ordinance; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That for the purpose of this ordinance, the City
Council designates the land located within the Central Business
zoning district, as described in Exhibit A, attached to this ordi-
nance and incorporated herein by reference, as a Special Exemption
Area.
SECTION II. That article 12 A (49), (a), subparagraphs 4 and
5 of Appendix B -Zoning of the Code of Ordinances are amended to
read as follows:
4. The sale of any vinous and malt liquors or beer by any
dealer where the place of business is within three hundred
(300) feet of any hospital, public school, or church is pro-
hibited. The separation requirement of this subparagraph
shall not apply to the University of North Texas, Texas
Woman's University, or between a dealer's place of business
and a hospital, public school, or church, if both are located
within the Special Exemption Area.
5. The sale of any vinous and malt liquors or beer by any
dealer where the place of business is within one hundred (100)
feet of any residential dwelling district is prohibited,
unless the dealer's place of business and the residential
dwelling are both located within the Special Exemption Area.
For the purpose of this condition, "residential dwelling unit"
shall mean any single-family, two-family or multifamily
dwelling. The measurement of the distance shall be along the
property lines of the street fronts and from front door to
front door, and in direct line across intersections.
SECTION III. That the first two sentences of article 12 A
(49) (b) of Appendix B - Zoning of the Code of Ordinances are
amended to read as follows:
(b) Sale of beer and/or wine in restaurants. The sale for
consumption on the premises where sold, of vinous and malt
liquors or beer, containing not more than fourteen (14) per
cent of alcohol by volume, is authorized in any restaurant
which is not located within three hundred (300) feet of any
hospital, public school, or church, but the prohibition shall
not apply to the University of North Texas, Texas Woman's
University, or between a dealer's place of business and a
hospital, public school, or church, if both are located within
the Special Exemption Area. The sale of any vinous and malt
liquors or beer by any restaurant where the place of business
is within one hundred (100) feet of any residential dwelling
district is prohibited, unless the dealer's place of business
and the residential dwelling are both located within the
Special Exemption Area.
SECTION IV. That article 12 A (50), (a), subparagraphs 4 and
5 of Appendix B - Zoning of the Code of Ordinances are amended to
read as follows:
4. A licensed private club may not operate within three
hundred (300) feet of any hospital, public school, or church.
The separation requirement of this subparagraph shall not
apply to the University of North Texas, Texas Woman's
University, or between a dealer's place of business and a
hospital, public school, or church, if both are located within
the Special Exemption Area.
5. A licensed private club may not operate within one hundred
(100) feet of any residential dwelling district, unless the
dealer's place of business and the residential dwelling are
both located within the Special Exemption Area. For the
purpose of this condition, "residential dwelling unit" shall
mean any single-family, two-family or multifamily dwelling.
The measurement of the distance shall be along the property
lines of the street fronts and from front door to front door,
PAGE 2
and in direct line across intersections.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VI. If any section, subsection, paragraph, sentence,
clause, phrase or word in this agreement, or application thereof to
any person or circumstance is held invalid by any court of compe-
tent jurisdiction, such holding shall not affect the validity of
the remaining portions of this agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
such invalidity.
SECTION VII. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of~Q , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
r /UZ&Z
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
89004B /15/90
PAGE 3
2966L
EXHIBIT "A"
CENTRAL BUSINESS DISTRICT:
SPECIAL EXEMPTION AREA
Beginning at the southeast corner of Lot 9, Block 117 as shown on
the base maps of the City of Denton, in the Wm. Neill Survey,
Abstract 971;
Thence north with the east lines of Lots 9 & 10 to a point in the
south line of Lots 11 & 12;
Thence east to the most southern southeast corner of Lots 11 & 12;
Thence north with the most easterly east line of Lots 11 & 12 to
the most southerly northeast corner of Lots 11 & 12;
Thence west with the most southerly north line of Lots 11 & 12 to
a re-entrant corner of Lots 11 & 12;
Thence north to the northeast corner of Lots 11 & 12 for a corner;
Then west with the north lot line of Lots 11 & 12 to the north-
west corner of Lots 11 & 12 and continuing westerly across the
right-of-way of Austin Avenue to the southeast corner of Lot 1,
Block 103 as shown on the base maps of Denton;
Thence north with the east line of Block 103 to the northeast
corner of Block 103;
Thence west with the north line of Block 103 to the northwest
corner of Block 103;
Thence in a southwesterly direction across the right-of-way of
North Locust Street to a point at the northeast corner of Lot 6,
Block 402 of the base maps of Denton;
Thence west with the north lot line of Lot 6 to a point in the
east lot line of Lot 7 for a corner;
Thence north with the east line of Lot 7 to the northeast corner
of Lot 7;
Thence west with the north lot line of Lot 7 to a point in the
east lot line of Lots 9, 10 & 11 for a corner;
Thence north with the lot line of Lots 9, 10 & 11 to the north-
east corner of said lots for a corner;
Then west from the northeast corner of Lots 9, 10 & 11 along the
north lot lines of Lots 9, 10 & 11 also being the south right-of-
way of East McKinney Street to the northwest corner of Lots 9, 10
EXHIBIT "A" (Con't)
& 11, and continuing west with the south right-of-way of East
McKinney Street across the right-of-way of Elm Street in a
westerly direction to the northeast corner of Lot 4 of Block 428;
Thence south along the east lot line of Lot 4, Block 428 to the
southeast corner of Lot 4;
Thence to a point being the southeast corner of Lot 1.
Thence south to the northeast corner of Lot 5 also being the
corner of the alley easement;
Thence west along the north lot line of Lot 5 to the northeast
corner of Lot 11, Block 428.
Thence south along the west lot line of Lot 11 to the northwest
corner of Lot 8, Block 428.
Thence east along the north lines of Lots 8 & 7 to the northwest
corner of Lot 6, Block 428 for a corner;
Thence south with the west lot line of Lot 6 to the southwest
corner of said Lot 6 and crossing the right-of-way of west Oak
Street to a point at the northwest corner of Lot 11, Block 326;
Thence south with the west lot line of Lot 11 to its southwest
corner and in the north line of Lot 12;
Thence west to the northwest corner of Lot 12;
Thence south with the west lot line of Lot 12 to the southwest
corner of Lot 12;
Thence east with the north lot lines of Lot 15 to the northeast
corner of Lot 13;
Thence south with the west lot lines of Lots 13 & 14 to the
southwest of Lot 14 and crossing the right-of-way of west Hickory
to the northwest corner of Lot 17, Block 325;
Thence south with the west line of said Lot 17 to its southwest
corner;
Thence west with the north line of Lot 18 to its northwest corner;
Thence south with the west line of Lot 18 to its southwest corner;
Then east to a point in the right-of-way of Cedar Street also
being the southeast corner of Lot 18;
PAGE 2
EXHIBIT "A" (Con't)
Thence across the right-of-way of Cedar Street in a southeasterly
direction to the southwest corner of Lot 1 of Block 303;
Thence east with the north right-of-way of Mulberry Street to the
southeast corner of Lot 1, Block 303 also being in the west right-
of-way of South Elm Street;
Then, across the right-of-way of South Elm Street to the southwest
corner of Lot 3, Block 202;
Thence east with the south lines of properties in Blocks 202,
223, and 225, being the same line as the north right-of-way of
Mulberry Street, and crossing the right-of-ways of Locust Street
and Austin Street to the southeast corner of Lot 10 in Block 225
being the most southeasterly corner of the aforementioned
district;
Thence, north with the east
northeast corner of said Lot
Thence west to the southeast
Thence north with the east
corner of Lot 11 also being
225;
Thence west with the north
south lot line of Lot 2)
Block 225 for a corner;
lot line of Lot 10, Block 225 to the
10;
corner of Lot 11, Block 225;
lot line of Lot 11 to the northeast
the southeast corner of Lot 2, Block
line of Lot 11 (the same being the
to the southwest corner of Lot 2,
Thence north with the west lot line of Lot 2 to the northwest
corner of Lot 2, and in the south right-of-way of the East
Hickory Street;
Thence across the right-of-way of East Hickory in a northeast
direction to the southeast corner of Lot 13, Block 118;
Thence, north with the east lot line of said Lot 13 to the south
lot line of Lot #14 for a corner;
Thence, east to the S.E. corner of the Lot 14;
Thence north with the east lot lines of Lots 14, 1.21 1.1 and Lot
1 to the northeast corner of Lot 1.
Thence crossing the right-of-way of East Oak in a northwesterly
direction to the point of beginning at the southeast corner of
Lot 9, Block 117, base maps of the City of Denton, Texas.
PAGE 3
SPECIAL EXEMPTT0-W-ARE-A,--- NORTH
13 a9 i s 403 e 1 a ooh
0
f J
t2 t I 14 13 I I 3. 2_ t•
,p'.o~o•. ~ei
it q 12 11 10 It
# a • 'F••,
4 19
IS S 1 11.1089 1 3 a+
o i 4a5
426 ; - 402 T I 10 M 2 3
ro j a a r3 ~
PWCA
42 1111612 7
w 9 a T a i. 2 I Ir fsTa 401 1 i b I r w b
7
3 1 2 1 f
- --~r~ EA81
s m ~ I
TO 9 1 11
l 0 4 fso' 1 z
301 5 am ewa~ras = Ta ( l2 f 1~8
2 36 . r v
O
15 K i 00 2 ( 13 12
1 8 ,2 - W 1
*
n
Y' 1 2 3 4 6 j'6 T q 11 _ I 2 3 884
302 1 4 r 1 2
1 225
wxtuu
2 s
!1 ■[CO[~ ' 1 ! I I q f
go 1!
_ - _..l - _IFAa.L
M M 1M I ~ _ 1
b.b 117 ! r-NyJ
_i 4 P~ T 1 n 10
SCALE I = 200' DATE 7'ZO''IO