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DCA20-0005aORDINANCE,NO DCA20-OO05a AN ORDINANCE OF THE CITY OF DENTON AMENDING THE DENTON DEVELOPMENT CODE SUBCHAPTER 3, “ZONING DISTRICTS .’' RELATED TO THE MNIMUM smE YARD SETBACK FOR THE RESDENTLAL 3 (R3) ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVDING A SEVERABILITY CLAUSE AND AN EFFECTrVE DATE. (DCA20-0005) WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of Denton adopted the newly revised 2019 Denton Development Code, the (“DDC”); and WHEREAS, the City desires to amend Subchapter 3 “Zoning Districts “ of the DDC to revise Table 3.2-D: R3 District Dimensional Standards, and to revise Table 3.2-H: Residential Districts Dimensional Standards, to revise the minimum side yard setback from 10 feet to 5 feet for the Residential 3 (R3) Zoning District; and WHEREAS, on January 6, 2021, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication, held due hearings and recommended approval [6-1] of the amendments to the 2019 Denton Development Code; and WHEREAS, on January 12, 2021, the City Council likewise conducted a public hearing in accordance with local and state law and the City Council hereby finds that the subject amendments to Subchapter 3 are consistent with the City’s comprehensive plan, and federal, state, and local law are in best interests of the City of Denton; 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 and found to be true. SECTION 2. Table 3.2-D: R3 District Dimensional Standards in the DDC is hereby amended to read as follows: able 3.2-D: R3 District Dimensional Standards Dimensional Standards ot Dimensions (minimum) Amrea B Hot width 0 feet ,dditional Standards 7.2A: Minimum Lot Dimensions C@lepth letbacks (Minimum) DRront yard @@ yard F W yard ir StandardsB 7.3: Setbacks Page 1 of 3 'able 3.2-D: R3 District Dimensional Standards Dimensional Standards FO feetLIW;0 percent lgle-family detached dwelling, ownhome, or duplex Ldditional Standards ,7.5: Building Height 7.6: Building Coverage E approved prior to October 1, 2019, see Section 1.5.21 ,pplicability of this DDC to Existing Residential Uses and btructures SECTION 3. Table 3.2-H: Residential Districts Dimensional Standards in the DDC is hereby amended to read as follows: able 3.2-H: Residential Districts Dimensional Standards r\ ltandards Mions (Minimum) iR IRI Em IR3 IR4 IR6 IR7 ,dditional ;tanda rds Lot area acres 12,000 m1 I. ft. m1 o m ,000 I' ft' lsq' ft' jsq' h' l3.7.2A: Minimum 150 feet 150 feet 150 feet ILot Dimensions ;q. ft, Lot width 1loo feetj80 feet !0 feet 160 feet Lot depth ;etbacks (Minimum) mr ide yard !00 feetl100 feet 11 00 feet 180 feet !o feet 180 feet 180 feet e mee 110 feet ho feet 110 feet 15 feet e em 15 feet 15 feet 15 feet h: Setbacks Rear yard 110 feet 110 feet 110 feet 110 feet 110 feet 110 feet 110 feet lther Standards Wejght –15 fe anet–L–o f,,t ho f,,tlo f,,t h= o f,,t n=GMCITla”rT'L'mJ I I I ’- ––- I - ’––- l’- -––- I '- -––- I-– -–-- IHeiqhtml =TT3d-–TTTT=7.6;im 1(maximum) jpercent jpercent jpercent jpercent jpercent jpercent jpercent ICoverage ,==?.E:::=.SEE:::A;„“'"=.;.=':""''““'"“'':":'''‘r duplex I-' -’"-""'’ SECTION 4. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated, shall constitute a separate and distinct offense. SECTION 5. 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 the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Development Code of Ordinances, as Page 2 of 3 amended. in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. This ordinance shall be and is hereby declared to be cumulative of all other ordinances if the City of Denton; and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. SECTION 8. In compliance with Section 2.09(c) of the Denton Charter, 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. *„„J;,"aa"€q=x““""""”":,’hLdq£:.“wT„UJ,EE£n„d’::the following vote [b - Nay Abstain Absent Gerard Hudspeth, Mayor: Birdia Johnson, District 1 : Connie Baker, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: r x4 b/ ££ q/ J£ V’ PASSED AND APPROVED this the \ UK day of TG-r\ OcL€'202 1 Gerard HudsiiH ATTEST: ROSA RIOS, CITY SECRETARY At tIlt IIIIII - APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY „, MJ r*,JP=;:’;:: Page 3 of 3