DCA22-0005aORDINANCENO. DCA22-OO05a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDrNG THE DENTONDEVELOPMENT CODE, SPECIFICALLY AMENDMENTS RELATED TO THEMULTIFAMILY DWELLING USE AND TO TABLE 3.3-A: MN DISTRICT DIMENSIONAL
STANDARDS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (DCA22-0005a)
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 the DDC to clarify and update the definition of
Multifamily Dwelling, to provide additional use-specific standards, and to amend Table 3.3-A:MN District Dimensional Standards; and
WHEREAS, the amendments include the following:
1.
2.
3.
Section 9.2: Definitions – amending the definition of Multifamily Dwelling and adding a
new definition for Residential Condominium Dwelling
Section 5.3.3D: Use-Specific Standards for Multifamily Dwelling – adding a new use-
specific standard related to building mass and form
Table 3.3-A: MN District Dimensional Standards – clarifying when a Specific Use Permit
is required for buildings between 41 and 65 feet; and
WHEREAS, on September 14, 2022, 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 [6-0] of the amendment to the Denton Development Code; and
WHEREAS, on October 18, 2022, the City Council likewise conducted a public hearing in
accordance with local and state law and the City Council hereby finds that the Code amendments
related to Multifamily Dwelling and to Table 3.3-A: MN District Dimensional Standards are
consistent with the City’s comprehensive plan, and federal, state, and local law are in best interestsof 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 9.2. Section 5.3.3D.4 and Table 3.3-A of the DDC is amended as set
forth in “Exhibit A” which is attached and fully incorporated herein by reference.
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
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.
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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 a& W\S and
seconded by WIM %cA , the ordinance was passed and approved bythe following vote [1-a :
Aye
b/
1/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2 :y‘
V/
b/
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee,
At Large Place 5:\/
Chris Watts, At Large Place 6:V/
PASSED AND APPROVED thi,, the a day of e&br , 2022.
GERARJHU6GTH. MA+OR
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ATTEST:
JE5vS
£EPUTy n\\11111if
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Hilary Negron2022.10.12 15:37:23BY: J - -05'oo'
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Exhibit A
Amend Section 9.2 Definitions, by amending the definition of Multifamily Dwelling and addinga definition for Residential Condominium Dwelling as follows:
Dwelling, Multifamily
A single lot containing five or more dwelling units. This definition includes residential
condominiums developed on a single lot.
Dwelling, Residential Condominium
A property comprised of multiple individual dwelling units on a single lot where each
unit is owned separately. See definition of “Multifamily Dwelling.
Add Section 5.3.3D.4 to read as follows:
Buildings containing 1 or 2 dwelling units shall comply with the Building Mass and Form
standards established in Section 7.10.3E: Building Mass and Form.
Amend Table 3.3-A: MN District Dimensional Standards, note #2 to read as follows:
Buildings between 41 and 65 feet, adjacent to a residential zoning district (excluding
Multifamily Dwelling use in the R7 Zoning District) or adjacent to an existing Single-
Family Detached Dwelling, Townhome, or Duplex use, shall require a specific use permit
pursuant to Subsection 2.5.2: SpecifIc Use Permit (S UP) ,
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