2000-017 \\CH LGL\VOLI\SHARED~DEp2XLGL\Our Documents\Ordlnances\99LMoratonum commercial exemptions amendment doc
ORmNANCE NO qOOO-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM
THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF 1NTERIM
STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN
TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION
OF A REVISED LAND DEVELOPMENT CODE, PROVIDING FOR A SPECIFIC
EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT
APPLICATION MORATORIUM, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING
FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for
the City of Denton on December 7, 1999, which supercedes the Denton Development Plan, and
WHEREAS, the Comprehensive Plan contmns policies, goals and strategies related to
residential land use, growth management, housing and open space provision, and
WHEREAS, the City Intends to comprehensively amend its Code of Ordinances,
Including rater aha Its zomng and subrhvlsion regulations, in order to implement such polices,
goals and strategies, and
WHEREAS, it appears that substantial applications for approval of commercial
developments IS hkely to occur in the lntervemng time period, and
WHEREAS, it further appears that approval of such development applications
Inconsistent with the new Comprehensive Plan is contrary to the ~ntent and purposes of the plan,
and
WHEREAS, the City Council adopted Ordinance No 99-474 establishing a moratorium
on certmn commercml development applications pending the adoption of the interim regulations,
and
WHEREAS, the City Cotmml finds that ~t is m the pubhc interest to amend such
ordinance to allow exemptions for certmn commercial uses as defined by the ordinance and for a
specific exemption for public projects, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No 99-474 is hereby amended by adding the following
provisions
Exemntlons. The moratorium established by Ordmance No 99-474 shall not apply to the
following types of development appheatlons
\\CH LGL\VOLl~shared~dept~LGL\Our Documents\Ordlnances\99~Momtonum commercml exemptions amendment doc
(A) a commemlal develonment apnllcgtlon for commemlal uses as hsted In Exhibit A
which is attached hereto and incorporated by reference as if set out word for
word,
(B) a commercial develonment annhcatlon for a pubhc project
A ~ubhc prq~ect ~s defined for the purposes ofth~s ordinance as any project that ~s ~mtmted for a
governmental entity Tfus ~ncludes but ~s not hm~ted to federal, state, county, mumc~pal, school
district or a subd, ws~on ora school d~stnct, specml dmmcts allowed by state law, pubhcly owned
utility, or any other governmental or quas~-govemmental authority
~ ~ The findings and recitations contmned ~n the preamble
of th~s ordinance are substantive and are hereby ~ncorporated ~nto the body of flus ordinance
SECTION 3 Sawng That the pmws~ons ofth~s ordinance shall govern and control over
any confl~ctmg prows~ons of Ordinance No 99-474, but all the prows~ons of Ordinance No 99-
474 not ~n conflmt w~th th~s ordmance shall continue ~n full force and effect
SECTION 4 Severabfl~tv. If any prows~on ofth~s ordinance or the apphcat~on thereof
to any person or ¢~rcumstance is held ~nvahd by any court, such ~nvahd~ty shall not affect the
validity of other provlmons or apphcat~ons, and to th~s end the prows~ons of th~s ordmance are
severable
SECTION 5 Attachment That a copy of thru ordinance shall be attached to Ordinance
No 99-474 show~ng the amendment here~n approved
SECTION 6 ~ Th~s ord,nance shall become effective ~mmethately upon
the date or,ts passage and approval
PASSED AND APPROVED tlns the /r/-~ dayof~ ,2000
JAC~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
EXHIBIT A
The following specific uses (bold letters) which are hsted m Section 35-77 of the Code of Ordinances, C~ty of
Denton, Texas are exempted form the moratorium created by Ordinance 99-474
· PRIMARY RESIDENTIAL USES
ONE FAMILY DWELLING RESTRICTED
· EDUCATIONAL, INSTITUTIONAL & SPECIAL USES
ART GALLERY OR MUSEUM
CEMETERY OR MAUSOLEUM
CHURCH OR RECTORY
COLLEGE, UNIVERSITY OR PRIVATE SCHOOL
COMMUNITY CENTER (PUBLIC)
DAY NURSERY OR KINDERGARTEN SCHOOL
HOSPITAL (GENERAL ACUTE CARE)
INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE
LIBRARY (PUBLIC)
MONASTERY OR CONVENT
PARK, PLAYGROUND OR PUBLIC COMM CENTER
SCHOOL, PRIVATE PRIMARY OR SECONDARY
SCHOOL, PUBLIC OR DENOMINATIONAL
SCHOOL, BUSINESS OR TRADE
· UTILITY, ACCESSORY AND INCIDENTAL USES
PUBLIC BUILDING, SHOP, YARD OR LOCAL, STATE, OR FEDERAL GOVERNMENT
SWIMMING POOL (PRIVATE)
· RECREATIONAL AND ENTERTAINMENT USES
GOLF COURSE (PUBLIC)
PARK OR PLAYGROUND (PUBLIC)
PLAY FIELD OR STADIUM (PUBLIC)
· AGRICULTURAL TYPE USES
FARM OR RANCH
\\CH LGL\VOL1 \SHARED\DEPTxLGL\Our Documents\Ordmances\99\Moratonum commereml amendment exhibit A doc