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1976-039AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO 69-1) OF THE CITY OF DENTON, TEX/~ BY PERMITTING LICENSED PRIVATE CLUBS IN CERTAIN ZONING DISTRICTS, PROVIDING FOR CONDITIONS, PROVIDING A PENALTY, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I (1) That the Zoning Ordinance of the City of Denton, Texas adopted January 14, 1969, as an appendix to the Code of Ordinances of the Clty of Denton, Texas as Ordlnance No 69-1, as amended, be, and the same ls hereby amended as follows "ARTICLE VII USE OF REGULATION DISTRICTS, USE OF LAND AND BUILDINGS A Legend for ~nterpretlng schedule of use 1 The Tables in 7C shall be amended to exclude the llstlng of "licensed private club" 2 The Tables in 7H shall be amended to include "l~censed private club" ~n the following dlstrlcts General Retall Service D~str~ct (GR) Commercial District (C) Central Business D~str~ct (CB) L~ght Industrial District (LI) Heavy Industrial District (HI) Planned Development District (PD) (2) 7B CONDITIONS REGARDING LICENSED PRIVATE CLUBS The operation of licensed private clubs will be permissible in the zoning dlstrlcts llsted ~n (1) A 2 above only upon the following conditions (a) A bulldlng utilized for the l~censed private club shall be inspected and shall comply with all local building codes, f~re codes, and ordinances (b) All sales and consumption must be within the establish- ment or an an area immediately adjacent to the building and not visible from any public street or way (c) Paved parklng must be provided on the property or ~m- mediately adjacent to the site at the ratio of one space for every three seats under maximum seating arrangment (m~n~mum of f~ve park- lng spaces) (d) A licensed private club may not operate within three (300) hundred feet of any church, public hospital, or public school, except North Texas State University and Texas Woman's University (e) A licensed private club may not operate within one (100) hundred feet of any residential dwelling unit 'Residential Dwell- lng Unit' for the purpose of thls condition shall mean any single- family, two-famlly, or multl-famlly dwelllng The Measurement shall be taken as the most d~rect distance between the residential dwell- lng unit and the bulldlng used for the licensed private club (f) Where the buslness property serving as the site of a licensed prlvate club abuts a residential property or zoning dis- trict, a solid fence at least slx feet high shall be erected for the full d~stance between the two properties SECTION II Any person v~olatlng thls article shall be guilty of a mis- demeanor and upon conviction shall be punished as provided by the Texas Llquor Control Act, in the event it should be held that such penalty does not apply to this article, then such persons shall be f~ned not less than One Hundred ($100 00) Dollars nor more than Two Hundred ($200 00) Dollars and each day of such violation shall constitute a separate offense SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordlnance, or application thereof to any person or circumstances ls held lnvalld by any court of competent ~urlsdlctlon, such holdlng shall not affect the validity of the remaining portions of this ordinance, and the C~ty Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION IV That the City Council of the C~ty of Denton, Texas, hereby finds that such changes are in accordance with a comprehensive plan for the purpose of promotlng the general welfare of the C~ty of Denton, Texas, and w~th reasonable consideration, encourages the most appropriate uses of land for the maxlm%um benefit to the --2-- City of Denton, Texas, and its citizens SECTION V That thls ordlnance shall be in full force and effect mediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the C~ty Council of the C~ty of Denton, Texas, after g~v~ng due notlce thereof PASSED and APPROVED th~s the ~'~'day of September, A D 1976 ELINOR HUGHES , CITY OF DENTON, TEXAS ATTEST ~O~KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS -3-