1985-0330947L
NO 95'-~
AN ORDINANCE REPEALING ARTICLE 10 OF APPENDIX B-ZONING OF THE
CODE OF ORDINANCES, ENACTING A NEW ARTICLE 10 TO PROVIDE FOR THE
ISSUANCE OF SPECIFIC USE PERMITS, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $1000 FOR VIOLATION THEREOF, PROVIDING FOR A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That Article 10 of Appendix B-Zoning of the Code of Ordi-
nances is repealed
SECTION II
That a new Article 10 of Appendix B-Zoning of the Code of
Ordinances is enacted to read as follows
Article 10 Specific Use Permits
A Purpose This section provides the City Council the
opportunity to deny or to conditionally approve those
uses for which Specific Use Permits are required These
uses generally have unusual nuisance characteristics or
are of a public or semi-public character often essential
or desirable for the general convenience and welfare of
the community Because, however, of the nature of the
use, or possible adverse impact on neighboring properties
of the use, review, evaluation, and exercise of planning
judgment relative to the location and site plan of the
proposed use are required
B Permit Required A building permit or certificate of
occupancy s a not be issued for any use to be located
in a zoning district which permits that use only as a
specific use unless a Specific Use Permit has first been
issued in accordance with the provisions of this Article
C Akllicaton Procedure An application for a Specific Use
a e filed with the Department of Planning and
berm t s;
Community Development on a form prepared by that Depart-
ment The application shall be accompanied by a site
plan which, along with the application, will become a
part of the Specific Use Permit, if approved The
accompanying site plan shall provide the following
information
1 Data describing all processes and activities
involved with the proposed use,
2 Boundaries of the area covered by the site plan,
3 The location of each existing and proposed
building and structure in the area covered by the
site plan and the number of stories, height, roof
line, gross floor area and location of building
entrances and exits,
4 The location of existing drainage ways, and
significant natural features,
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5 Proposed landscaping and screening buffers,
6 The location and dimensions of all curb cuts,
public and private streets, parking and loading
areas, pedestrian walks, lighting facilities, and
outside trash storage facilities,
7 The location, height and type of each wall, fence,
and all other types of screening, and
8 The location, height and size of all proposed
signs
D Public Hearings The notification and public hearing
process or a pecific use Permit or revocations thereof
shall be the same as for zoning amendments under Article
26
E Conditions for Approval A Specific Use Permit shall be
issue only i all of the following conditions have been
found
1 That the specific use will be compatible with
and not injurious to the use and enjoyment of
other property, nor significantly diminish or
impair property values within the immediate
vicinity,
2 That the establishment of the specific use will
not impede the normal and orderly development
and improvement of surrounding vacant property,
3 That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been or will be provided,
4 The design, location and arrangement of all
driveways and parking spaces provides for the
safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting
the general public or adjacent developments,
5 That adequate nuisance prevention measures have
been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration,
6 That directional lighting will be provided so as
not to disturb or adversely affect neighboring
properties, and
7 That there are sufficient landscaping and screen-
ing to insure harmony and compatibility with
adjacent property
F Additional Conditions In authorizing a Specific Use
Permit, t e ann ng and Zoning Commission may recommend
and the City Council may impose additional reasonable
conditions necessary to protect the public interest and
welfare of the community including a time period for
which a specific use permit is valid
G Time Limit A Specific Use Permit issued under this
sect on s all become null and void unless construction or
use is substantially underway within one year of the
issuance of the permit unless an extension of time is
approved by the City Council
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H Revocation A Spcific Use Permit may be revoked or
modified, after notice to the property owner and a
hearing before the City Council, for either of the
following reasons
1 The Specific Use Permit was obtained or extended
by fraud or deception, or
2 That one or more of the conditions imposed by
the permit has not been met or has been violated
I Amendments The procedure for amendment of a Specific
Use Permit shall be the same as for a new application,
provided, however, that the Director of the Department of
Planning and Community Development may approve minor
variations from the original permit which do not increase
density, change traffic patterns, or result in any
increase in external impact on adjacent properties or
neighborhoods
J Processing Fee A person making application for a
speck use permit shall pay a fee in an amount deter-
mined, and as from time to time amended, by ordinance
approved by the City Council, a copy of which shall be on
file with the Department
SECTION III
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such
invalidity
SECTION IV
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding
One Thousand Dollars ($1,000 00), and each day and every day
that the provisions of this ordinance are violated shall
constitute a separate and distinct offense This penalty is in
addition to and cumulative of, any other remedies as may be
available at law and equity
SECTION V
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
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published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton Texas, within ten (10) days of
the date of its passage ?4-
PASSED AND APPROVED this the _L?! day of 1985
CITY OF DENTON, TEXAS
ATTEST
HARLOT7~. ALLC,LV, ~.tti ac.~.nr,aY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY t_'~l
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