2012-172s:Uegallour documents\ordinances\121dca12-00�2-al.doc
oxDnv�vcE 2012-172
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 35.12
OF THE DENTON DEVELOPMENT CODE BY REVISING THE REQUIREMENTS OF
ACCESSORY STRUCTURES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
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 on July 11,
2012, as required by law, the Planning and Zoning Commission recommended approval of
certain changes to Subchapter 35.12 of the Denton Development Code; and
WHEREAS, after providing notice and after conducting a public hearing on August 7,
2012, 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 fmdings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.12 is amended to reflect the changes outlined in Exhibit
"A"; all provisions not changed herein 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.
PASSED AND APPROVED this the � day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
BY:
APP OVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ��v�
Exhibit A
Subsection "2" of Subchapter 35.12.4.B. is amended, and a new subsection "10" is added to
Subchapter 35.12.4.B., both to read as follows:
B. General Regulations
2. Accessory structures, with the exception of non-residential detached carports, gas station
canopies, gas station car wash facilities, and security/entry booths, are prohibited in front or side
yaxds. Accessoxy structures on a kindergarten, elementary, middle or high school property may be
located in side yards, but are prohibited from being located in fYOnt yards.
10. Except as stated in 35.12.4.B3, accessory structures that are located in a kindergarten,
elementary, middle or high school's corner lot side yard that is adjacent to a street shall be set back in
compliance with the zoning district's nuilimum side yard setback requirement.
All other subsections in Subchapter 35.D.4.B. are unaffected by this amendment and remain in
full force and effect.