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.
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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
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