DCA23-0010bORDINANCE NO. DCA23-001 Ob
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE, REGARDING ANIMAL AND AGRICULTURAL USE
REGULATIONS AND DEFINITIONS, SPECIFICALLY AMENDMENTS TO SECTION
TABLE 5.2-A: TABLE OF ALLOWED USES, SECTION 5.3.5: COMMERCIAL USE-
SPECIFIC STANDARDS, SECTION 5.4.4: ADDITIONAL STANDARDS, AND SECTION 9.2 :
DEFINITIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABiLITY CLAUSE AND AN
EFFECTIVE DATE. (DCA23-0010b)
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, as part of the State of Texas 88a1 Legislative Session House Bill 1750, House
Bill 2308, and House Bill 2947 were adopted and became effective September 1, 2023, amending
Title 8 of the Texas Agriculture Code and further restricting a city’s ability to regulate agricultural
operations; and
WHEREAS, in response to the changes to Title 8 of the Texas Agriculture Code the City
desires to update the regulations related to agricultural and animal uses in Subchapter 5 and
Subchapter 9 of the DDC as it relates to the allowable zoning districts, use-specific standards, and
definitions for consistency with state law; and
WHEREAS, the amendments proposed include the following:
1.
2.
3.
4.
Table 5.2-A: Table of Allowed Uses – Update table to show Agricultural and Animal Uses
permitted in all zoning districts.
Section 5.3.5: Commercial Use-Specific Standards – related to General Agriculture and
Commercial Stables
Section 5.4.4: Additional Standards for Specific Accessory Uses – related to the Sales of
Produce and Plants Raised on Premises
Section 9.2: Definitions – clarify definitions related to Agricultural and Animal Uses and
General Agricultural
WHEREAS, on September 13, 2023, 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 [7-0] of the amendment to the Denton Development Code; and
WHEREAS, on September 19, 2023, 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
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.
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SECTION 2. Table 5.2-A: Table of Allowed Uses, Section 5.3.5.A General Agriculture,
Section 5.3.5.B Commercial Stable, Use-Specific Standards Section 5.4.4.E: Sale of Produce and
Plants Raised on Premises, and Section 9.2: Definitions of the DDC are 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.
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, 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 m,ti,n t, ,PPL,„, thi, „di„,J„, w„ m,d, by B,„. Ee,_L ,„d
seconded by B, A Ja-: ' bbb' n' Cc' , the ordinance waGa;ed and approved by
the following vote M - U
Aye
X
X
+
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t
X
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the In th d,y ,f See+ebb'r ,2023.
&# d/ –
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINW AND, CITY ATTORNEY
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Exhibit A
Amend 5.2.ATable of Allowed Uses as follows:
Table 5.2-A: Table of Allowed Uses
litted S = specific use permit required Blank cell = useP=EBMBMMgB@tandards app
Residential Mixed-Use MI Other
Nonresidential
hmnn2 D3 FR36 h7 nM nl Hl =F
SC GOMRHC
Agricultural and Animal Uses T+ T+ T+ T+ T+=Tp TpTp=General Ag==P p+p+Fan+ ImCommer;ial Stable-HCommuniH===
PUrban Farm
Amend Section 5.3.5: Commercial Use-Specific Standards as follows:
A. General Agriculture
Operations shall be conducted in a manner that does not create any of the hazards listed in the Texas
Agriculture Code (TAC) Subchapter 251.0055(a)(1) and shall be in accordance with the Texas A&M
AgriLife Extension Service manual provided for in TAC Subchapter 251.007.
B. Commercial Stable
Operations shall be conducted in a manner that does not create any of the hazards listed in the
Texas Agriculture Code (TAC) Subchapter 251.0055(a)(1) and shall be in accordance with the Texas
A&M AgriLife Extension Service manual provided for in TAC Subchapter 251.007.
Amend Section 5.4.4: Additional Standards for Specific Accessory Uses as follows:
E.5.4.4.E. Sale of Produce and Plants Raised on Premises
Operations shall be conducted in a manner that does not create any of the hazards listed in the
Texas Agriculture Code (TAC) Subchapter 251.0055(a)(1) and shall be in accordance with the Texas
A&M AgriLife Extension Service manual provided for in TAC Subchapter 251.007.
Amend Section 9.2: Definitions as follows:
Modify the following terms and definitions:
Agricultural and Animal Uses: This category includes agricultural and farming activities, including
nurseries and facilities for processing and selling agricultural products. Agricultural uses involve farming,
dairying, pasturage, beekeeping, horticulture, floriculture, viticulture, and animal husbandry. Animal-
related uses include the boarding and care of animals on a commercial basis. Accessory uses may
include confinement facilities for animals, parking, and storage areas.
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General Agriculture: This category includes agricultural and farming activities, including cultivating the
soil; producing crops or growing vegetation for human food, animal feed, livestock forage, forage for
wildlife management, planting seed, or fiber; floriculture; viticulture; horticulture; silviculture; wildlife
management; raising or keeping livestock or poultry, including veterinary services; the commercial sale
of animals; and planting cover crops or leaving land idle for the purpose of participating in any
governmental program or normal crop or livestock rotation procedure as defined in the Texas
Agriculture Code.
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