DCA23-0011bORD[NANCE NO. DCA23-001 lb
AN ORD[NANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE, SPECIFICALLY AMENDMENTS TO TABLE 5.2-A- TABLE OF
ALLOWED USES, SECTION 5.3.4: PUBLIC, INSTITUTIONAL, RELIGIOUS, AND CIVIC
USE-SPECIFIC STANDARDS, TABLE 7.9-1: MINIMUM REQUIRED OFF-STREET
PARKING. AND SECTION 9.2: DEFINITIONS RELATED TO PRIVATELY-OWNED
CEMETERIES; PROVIDING FOR APPLICATION REQUIREMENTS AND PROCESS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVID[NG SAVINGS AND SEVERABILITY CLAUSES, AND
AN EFFECTIVE DATE. (DCA23-001 lb)
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, privately-owned cemeteries are not an allowed use in the DDC; and
WHEREAS, as part of the State of Texas 88th Legislative Session, House Bill 783 (“Bill”)
was adopted and became effective September 1, 2023, amending Section 711.008 of Title 8 of the
Texas Health and Safety Code providing for the establishment and use of cemeteries within the
City limits by individuals and legal entities described in the Bill (“Privately-Owned
Cemetery(ies)”) who file a written application with the City; and
WHEREAS, in response to the changes to Title 8 of the Texas Health and Safety Code, the
City desires to update the regulations in Subchapter 5, Subchapter 7 and Subchapter 9 of the DDC
to allow for private cemetery establishment and use, as it relates to the allowable zoning districts,
use-specific standards, minimum required off-street parking and definitions for consistency with
state law; and
WHEREAS, the City Council may authorize by ordinance the establishment or use of a
cemetery in cases where such establishment or use does not adversely affect public health, safety,
and welfare; and
WHEREAS, the amendments proposed include the following:
1. Table 5.2-A: Table of Allowed Uses – Update regulations for Community and Cultural
Facilities Uses
2. Section 5.3.4: Public, Institutional, Religious, and Civic Use-Specific Standards – related
to a Cemetery, Privately-Owned
3. Table 7.9-1: Minimum Required Off-Street Parking – Update regulations for Community
and Cultural Facilities Uses
4. Section 9.2: Definitions – Add definitions for Cemetery Element and Cemetery, Privately-
Owned; and
Page 1 of 6
WHEREAS, on November 15, 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 [6-0] of the amendment to the Denton Development Code; and
WHEREAS, on December 5, 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, and 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 5.2-A: Table of Allowed Uses, Section 5.3.4: Public, Institutional,
Religious, and Civic Use-Specific Standards, Table 7.9-1: Minimum Required Off-Street Parking,
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. The Specific Use Permit (SUP) requirements provided for in the City’s
Denton Development Code Section 2.5.2, as amended, and the published checklist applicable at
the time the application is submitted shall be the information required for an application for a
prIvate cemetery.
SECTION 4. By the adoption of the provisions herein, existing privately-owned cemeteries
located in the Denton City Limits and identified on “Exhibit B” which is attached and fully
incorporated herein by reference, are hereby deemed allowed, conforming uses as they exist on
the date of approval of this Ordinance. Existing Privately-Owned Cemeteries shall comply with
Section 5.3.4 of the Denton Development Code, as amended.
SECTION 5. Any expansion of an existing Privately-Owned Cemetery shall require a
Specific Use Permit. The expansion of an existing Privately-Owned Cemetery shall comply with
Section 5.3.4 of the Denton Development Code, as amended.
SECTION 6. 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 7. 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 8. 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.
Page 2 of 6
SECTION 9. Save and except as amended hereby, the provisions, sections, subsections,
paragraphs, sentences, clauses, and phrases of the Denton Development Code shall remain in full
force and effect.
SECTION 10. 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.
s e c o n d : hEy Ir1r1 o t i \X= = T P r OK ; ! i S o r d i n a n c e was m : leErd i Jh: : = SP : biLL d approve / I
the following vote [X - O
Aye 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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Jr
L/
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Ja L
PASSED AND APPROVED this the St- d,y ,f %__b/, 2023
/ #
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY 1\\\tIll
D
Gl:%
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Eg :it:IT:d=c::iIll ;;Jud;; C 1CHC1 ad fI
email=Susan.Keller@ityofdenton.com
R V • Date: 2023,1 1.29 20:35:10tB'00'
Susan Ke I1 ::===S=1enr:(i=(•i = = m m e n t F o u = L e 9 a I
Page 3 of 6
Exhibit A
Amend 5.2-A Table of Allowed Uses as follows:
P = permitted S =
Table 5.2-A: Table of Allowed Uses
:cific use permit required Blank cell = use prohibited + = use-s
i o
;tandards apply
Other
Nonresidential
Use-
Specific=Ba
o raMM
Airport, City-owned
Cemetery, City-
owned
Cemetery, Privately-
owned
Club or Lodge
Community Service
Da§liEEIBEEN or
Child
Funeral and
Internment Facility
Homeless Shelter
Landfill, City-owned
Park, Playground,
Open Space
Religious Assembly
Educational Facilities
Business or Trade
School
College or University
School, Private
School, Public
Healthcare Facilities
Hospital Services
Medical Clinic
e
P S
P
P
R2 m ilmm®l usmc [GTO nhnl a qtandarr+
P
P
S+S+
S
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S
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s+ 1 s+
Hp
P
P
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P
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s* I Is*5.3.41
S.3.4A
5.3.4B
P
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asun
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P
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p+ 1 p+ 1 p+ 1 p+ 1 p+
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5.3.4EP+p+ 1 p+ 1 p+ 1 p P
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as Ts
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1 1 1 1 1 1 1 1 1 1 P+ 1 P+ 1 P 1 P I I I I
IS+ 1 P+ 1 P+ 1 P 1 P 1 P I I I
IP+ 1 P 1 P+ 1 P 1 P 1 P I I I
P
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5.3.4G
5.3.4H
S+
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Amend Section 5.3.4: Public, Institutional, Religious, and Civic Use-Specific Standards to
add a section entitled Cemetery, Privately Owned, as follows:
I Cemetery, Privately-Owned
1.
2.
3
A privately-owned cemetery shall comply with Texas Health and Safety Code Title 8, Subtitle C,
Chapter 711, as amended.
A privately owned cemetery shall comply with rules adopted pursuant to Texas Health and
Safety Code Title 8, Subtitle C Section 711.012, as amended.
A privately-owned cemetery may not be maintained in a manner that adversely affects public
health, safety, or welfare.
Page 4 of 6
4. Privately-owned cemeteries identified in the following list and as depicted in Ordinance Number
DCA23-OOllb are hereby deemed allowed, conforming uses as they existed on the date of
adoption of said Ordinance:
a.
b.
C.
d.
e.
f
Blue Mound Cemetery
Old Alton Cemetery
Pagetown Cemetery
Roselawn Memorial Park
Shiloh Cemetery
Trinity Cemetery
5. Any expansion or enlargement of a privately-owned cemetery requires a Specific Use Permit in
accordance with DDC Section 2.5.2C.6.c., as amended. Cemetery Elements added or modified
within the boundaries of the property of the privately-owned cemetery do not constitute an
expansion or enlargement.”
Amend Table 7.9-1: Minimum Required Off-Street Parking, as follows:
It
Page 5 of 6
Amend Section 9.2: Definitions, to add definitions as follows:
+ + +
"Cemetery Element: A grave, memorial, crypt, mausoleum, columbarium, or other item that is
associated with the cemetery, including a fence, road, curb, wall, path, gate, or bench and the lighting
and landscaping."
+ + +
“Cemetery, Privately-Owned: A place, established by an individual corporation, partnership, firm, trust,
or association, that is used or intended to be used for internment, and includes a graveyard, burial park,
mausoleum, or any other area containing one or more graves.”
# # #
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