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2011-125sAlegal\our documents\ordinances\11\dca11-0002 ordinance-final.doe ORDINANCE NO. 2011-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 14 AND 23 OF THE DENTON DEVELOPMENT CODE REGARDING PARKING REQUIREMENTS FOR STUDIO/EFFICIENCY AND ONE-BEDROOM MULTIFAMILY UNITS AND TO PROVIDE A DEFINITION FOR DWELLING UNITS, EFFICIENCY AND STUDIO APARTMENT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA11-0002) WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code") and WHEREAS, after providing notice and after conducting a public hearing as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapters 14 and 23 of the Denton Development Code. WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; 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. Subchapters 14 and 23 are amended to reflect the changes outlined in Exhibit "A", attached and incorporated fully herein by reference; all provisions not changed herein are to remain as written. SECTION 3. 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 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 provisions of this ordinance are severable. SECTION 5. 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. sAlegallour documentslordinances11Meal 1-0002 ordinance-final.doc -/day of ~ 2011. PASSED AND APPROVED this the ~ , ATTEST: JENNIFER WALTERS, CITY SECRETAR BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: G - , Page - 2 s:llegallour documentslordinances11IWO1-0002 ordinance-final.doc EXHIBIT A Staff recommends that Section 35.14.4.A. of the DDC be amended to read as follows: A. Residential Uses 2. Mixed density dwellings or manufactured housing. a. Efficiency/studio units that are larger than 500 square feet but not greater than 600 square feet b. 1-bedroom units regardless of square footage, and efficiency/studio units that exceed 600 square feet c. 2-bedroom units d. 3-bedroom e. 4 bedrooms or more f. Retirement or senior living facilities 1.25 space/unit 1.5 spaces/unit. 1.75 spaces/unit. 2 spaces/unit. 1 space/bedroom. 1 space/unit. Staff recommends that Section 35.23.2 of the DDC be amended to add the following definitions: Dwelling Unit, Efficiency: A dwelling unit that has only one (1) combined living and sleeping room, but may also have separate kitchen and sanitary facilities within the same unit. Also known as a studio apartment. Studio Apartment: See Dwelling Unit, Efficiency Page - 3