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1995-042offstree.ord AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 35-76, 35-77 AND 35-301 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO DELETE THE DEFINITION OF, AND TABLE OF PERMITTED USE ENTRY FOR, OFF-STREET PARKING INCIDENTAL TO THE MAIN USE, AND TO RELOCATE AND CLARIFY RESTRICTIONS APPLICABLE THERETO; PROVIDING FOR A PEN- ALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it appears that zoning regulations relating to off- street parking incidental to the main use have been questioned as being subject to more than one interpretation; and WHEREAS, it appears that some of this confusion may have been created by the unexplained deletion of certain words within a for- mer codified definition of "off-street parking incidental to the main use", as well as a codified structure which placed undue reli- ance upon a definition to create a zoning restriction; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas has recommended amending the Code of Ordinances to clarify the restriction applicable to off-street parking incidental to the main use, to improve clarity, and to prevent the anomalous use of residentially-zoned land to serve the parking needs of non- residentially zoned land within the same lot or tract; NOW THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 35-76 of the Code of Ordinances, City of Denton, Texas, is hereby amended by deleting the definition of "Off-street parking incidental to the main use" All other defini- tions not specifically referenced herein remain unchanged. SECTION II. That Section 35-77 of the Code of Ordinances, City of Denton, Texas is hereby amended by deleting from the table of permitted uses the entry relating to "off-street parking inci- dental to the main use". All other items contained within the table of permitted uses not specifically referenced herein remain unchanged. SECTION III. That Section 35-301 of the Code of Ordinances, City of Denton, Texas, is hereby amended to add a new subsection (e) (6) to read as follows. All other portions of this section not specifically referenced herein remain unchanged. Sec. 35-301. Vehicle Parking Regulations [Subsections (a) through (d) unchanged] (e) Special off-street parking regulations shall be as follows: [Subsections (e) (1) through (e) (5) unchanged] (6) Off-street parking incidental to the main use shall be restricted to the following permitted circum- stances, subject to all other requirements speci- fied by ordinance: (a) On a lot or tract encompassing only one zoning classification, off-street parking incidental to the main use is permitted on the same lot or tract as the main use. (b) On lots encompassing two or more zoning clas- sifications, off-street parking incidental to a main use is permitted only as follows: (1) Off-street parking may be located within MF-1, MF-2, P, OAR, O, NS, GR, C, CB, LI or HI zoning districts, if located within the same lot or tract as the main use. (2) Off-street parking incidental to non- residential or multi-family (other than MF-R) main uses may not be located in agricultural, single-family, two-family, or multifamily-restricted zoning dist- ricts. [Subsection (f) unchanged] SECTION IV. That if any section, subsection, paragraph, sen- tence, 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 va- lidity 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 V. That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Thousand Dollars ($2,000); 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 eq- uity. PAGE 2 SECTION VI. That this ordinance shall become effective four- teen (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, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. ~da ~ PASSED AND APPROVED this the y of , 1995. BOB CASTLEBERRY, MAYf ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~~, ~'~-~ ~~ APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY PAGE 3