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2011-010sAlegal\our documents\ordinances\10\s10-0006 ordinanace-final.doe ORDINANCE NO. 2011-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A BARBER SHOP AS A HOME OCCUPATION ON APPROXIMATELY 1.3 ACRES OF LAND WITHIN A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, GENERALLY LOCATED AT THE NORTHEAST CORNER OF NORMAN STREET AND GREENLEE STREET WITHIN THE HILLSIDE ADDITION, WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S 10-0006) WHEREAS, Mr. James Griffin, has applied for a Specific Use Permit to allow a Barber Shop as a Home Occupation in his residence on approximately 0.13 acres of land within a Downtown Residential 4 (DR-1) zoning classification and use designation legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on November 17, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the request is consistent with the Denton Plan and the Development Code, specifically finding that the requirements of §35.6.4 are satisfied by the proposal when conditioned by the Site Plan attached as Exhibit "B"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. A Specific Use Permit to allow a Barber Shop as a Home Occupation on the Property is hereby approved, subject to the following conditions: 1. The barber shop use shall only be conducted by family members who live in the residence; no outside employees are permitted. 2. The barber shop shall have no more than one (1) chair and no more than two (2) customers are permitted at one time. 3. The business shall only operate between the hours of 8:00 a.m. and 8:00 p.m. 4. The Specific Use Permit is valid for fifteen (15) years from the effective date of this ordinance and shall automatically expire on January 18, 2026 without further actions of the applicant or the City of Denton. sAlegal\our documents\ordinances\101s10-0006 ordinanace-final.doc SECTION 3. The Specific Use Permit location map attached hereto and incorporated herein as Exhibit "B", is hereby approved, as an additional condition of the permit. SECTION 4. 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 provision of this ordinance are severable. SECTION 5. 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 6. 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 published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2011. MARK A. BUAROUGHUMAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: sAlegal\our documents\ordinances\10\s10-0006 ordinanace-final.doc LEGAL DESCRIPTION EXHIBIT A Hillside Addition, Block 6, Lot 15. Olegal\ou€ documents\ordinancesNIO\s 10-0006 ordinanace-final.doc SITE PLAN EXHIBIT B r rt"~ I gl~ j 9 - _ 11L rP MEW P l-Fnend Barber hop i Reside t ni S10-0006