2009-116sAour documents\ordinances\09\dca09-OOOI.doc
ORDINANCE NO. ~QO? - l/ ~D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 23 OF
THE DENTON DEVELOPMENT CODE; REVISING THE DEFINITION OF CHURCH AND
PROVIDING A DEFINITION FOR CITY ENGINEER; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILTTY AND AN
EFFECTIVE DATE. (DCA09-0001)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35.23 of the Development Code; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Denton Plan and are in the public interest; 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 as true.
SECTION 2. Subchapter 35.23 of the Denton Development Code are amended to reflect the
changes and additions outlined in Exhibit "A"; all provisions not changed herein to remain as
written.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. 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.
PASSED AND APPROVED this the of
day
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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'2009.
BY: 0 J-1-
EXHIBIT A
Section 35.23.2 of the Denton Development Code is hereby amended to reflect the following
changes and additions to the Definitions and Terms:
Church: A structure used by a religious organization or congregation for regular organized
religious activities. A church use may also include accessory or subordinate uses and structures
associated with its religious mission, such as: rectories, convents, meeting halls, offices for
administration of the institution, schools, educational facilities, dormitories for students, parsonages,
dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas
or production studios, or any combination of such optional uses, provided that:
1. This definition shall not apply to any such accessory or subordinate uses, unless they are
secondary to an active, primary church use located on the same premises, regardless of
whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise
affiliated with, any religious organization, mission or belief, and regardless of whether any
religious message, teachings, customs, celebrations, ceremonies, rituals, rites, worship or
content are provided in conjunction with such uses; and,
2. Any and all such accessory or subordinate uses having a residential component, such as
rectories, convents, parsonages, dormitories and dwelling units, shall be located within an
accessory structure, secondary to the main church use. The primary structure may not be
used for any such residential use.
City Engineer: The individual holding the office of City Engineer of the City of Denton, Texas,
who shall actively maintain licensure in good standing as a Professional Engineer under the laws of
the State of Texas. Those duties assigned by this chapter to the City Engineer which relate to the
development review process may be reassigned by the City Manager, in whole or in part, to one or
more licensed professional engineers, as needed to adjust workflow or to provide specific expertise.
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