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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OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Article 10 of Appendix B-Zoning of the Code of Ordi- nances is repealed SECTION II That a new Article 10 of Appendix B-Zoning of the Code of Ordinances is enacted to read as follows Article 10 Specific Use Permits A Purpose This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, PAGE 1 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 PAGE 2 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 PAGE 3 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 PAGE 4