2013-197s:\legal\our documentslordinances1131dca12-OOOl.doc
oxDnvaNCE 2013-197
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE BY 1NCREASING THE DURATION OF A PERMIT FOR
FARMER'S MARKET; ADDING OPEN AIR MARKET AS A TEMPORARY USE 1N
SECTION 35.12; AND CREATING A SEPARATE DEFINITION FOR OPEN AIR MARKET
IN SECTION 35.23; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; 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, in connection with the continued growth and success of a local community
marlcet, there has been an interest and demand to increase the permit duration for the community
market from six to nine months; and
WHEREAS, City Staff is additionally proposing to malce minor clarification changes
with respect to the use and definition of an Open Air Market; and
WHEREAS, after providing notice and after conducting a public hearing on June 26,
2013 as required by law, the Planning and Zoning Commission recommended approval of certain
changes to Subchapter 35.12 and 35.23 of the Denton Development Code; and
WHEREAS, after providing notice and after conducting a public hearing on August 6,
2413 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. Sections 35.12 and 35.23 of the DDC are amended to reflect the changes
outlined in Exhibit "A", attached hereto and incorporated herein by reference. All other
provisions within Sections 35.13 and 35.23 not amended shall remain in full force and effect.
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 sha11 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 eff�ctive fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed tc cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a claily 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 , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ,.r- � CL �(.�t2i
APP OVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� '
BY: ���1'G2-�-2-'�
Exhibit A
1. The following Temporary Use, "Farmers Market," as it appears in Table 35.12.9 of the
DDC, shall be amended to read as follows:
Number of Number of
Temporary Use Permitted Zoning Setback Permits days per
Requitements Allowed per Permit
Year
Farmer's Market and Non-residential Setback Yequirements
Open Air Market Zoning Districts by zoning district (see 1 9 months
Subchapte� 5)
2. Section 35.12.9.E,2 of the DDC shall be amend�d to read as follows:
Farmer's Market and Open Air Maxket
Section 35.12.9.F.2 of the DDC shall be amended to read as follows:
Farmer's Market and Open Air Market: Maxirnum of 9 months per calendar year
4. The definition of "Farmers Marlcet" as it appears in Section 35.23.2 of the DDC shall be
amended to read as follows:
Farmer's Market: The seasonal selling or offering for sale at retail directly to the consumer of fresh
fruits, vegetables, flowers, herbs, or plants, processed food stuffs and products such as jams, honey,
pickled products, sauces, baked goods, crafts, and art, clothing and other goods, occurring in a pre-
designated area, where the vendors are generally individuals who have raised the produce or have
taken the same or other goods on consignment for retail sales.
Section 35.23.3 of the DDC is amended to add a new definition to read as follows:
Open Air Market: See "Farmer's Market."