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DCA21-0003aDCA21-0003a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON DEVELOPMENT CODE TABLE 3.5-C: HI DISTRICT DIMENSIONAL STANDARDS AND TABLE 3.5.5: SUMMARY TABLE OF OTHER NONRESIDENTIAL DIMENSIONAL STANDARDS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA21-0003) 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 DDC table 3.5-C: HI District Dimensional Standards and table 3.5.5: Summary Table of Other Nonresidential Dimensional Standards; specifically, to amend the building height maximum in the Heavy Industrial Zoning District from 75 to 140 feet; and WHEREAS, on August 18, 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 [5-0] of the amendment to the Denton Development Code; and WHEREAS, on September 14, 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 amendment to the building height maximum in the Heavy Industrial Zoning District is 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. Section 2.6 of the Denton Development Code, specifically Subsection 2.6.3 is hereby amended as provided herein: LUT DIMENSIONS 3.7-zA Minimum tot Dimensions SETBACKS MINIMUM I Front yard iv feet Side yard 20 feet [s: j 3.7.3: 5etbacks Rear yard 20 feet [s;] Building height (ma)dmum) sy.)feet 3.7.5: Bui{diirgHeight Building coverage (maxJmum) 85 percent 3.7_S: Su,YdingCoveroge Notes: [2f W ad?cent to a zoning district in the Residential category pursuant to Table 3.z-11_ Zoning District Designations, the minimum se, back shall be zoo feet_ Lot area Lot width Lot depth SEMACKS Front yard Side yard UME13S1ANDARDS 10,000&ft 10,000 ,ft 2,500,%ft 5,000�Qft 20,000 ,ft None None Prone 50 feet 50 feet 100 feet None None None 50 feet 50 feet 200 feet None 10 feet 20 feet None 10 feet 10 feet None 5 feet [11 10 fee* [i) None [1] 5 feet 111 20 feet 121 5 feet 10 feet 111 15 feet fl ] 10 feet [1 ] None[l] 20 feet 121 10 feet 3.7.2A Minimum tot Dimensions 3-7.3: Setbacks Binding height 55 fee_ 111 100 feet [1] 100 feet 11] 75 feet [1] 140 feet 100 feet 3.7.5; Buifding (maximum) [31 131 Height Budding coverage 80 percent 80 percer!t 80 percent 85 percent. 85 percent 90 percent 3.7.6: Building Coverage (maximum) Rotes: [3.] Bbildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. [z] SNiiea adjacent to a zoning district in the Residential category pursuant to Table 3_a -A: Zoning District Designations, the minimum setbackshall be 2oafeet ra1 Additional heiaht may be allowed with a soecific use oermit pursuant to Subsection z.-;.2_SDeeific U52 Permit (SAPS_ SECTION 3. 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 Page 2 of 4 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 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 the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. 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 amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 6. 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. The motion to approve this ordinance was made by R\ i5p"\ and seconded by1�,c- Lc f\-beL-k— , the ordinance was passed and approved by the following vote [ -1 - _C?J: Aye Nay Abstain Absent Gerard Hudspeth, Mayor: _%I'll Vicki Byrd, District 1: %/ Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this, the i H+!D day of Se At4y-%be-c- , 2021. i GERARD HUdSPETH, MAYOR Page 3 of 4 ATTEST: ROSA RIOS, CITY SECRETARY • t ���/�M1111 ��� APPROVED AS TO LEGAL, FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY BY:� t, Hilary Negron 2021.09.14 09:20:20 -05'00' Page 4 of 4