2008-318- - s:\our documents\ordinances\08\dca08-0007.docx
ORDINANCE NO. DOS ~~a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 5 AND
23 OF THE DENTON DEVELOPMENT CODE; REVISING THE DEFINITIONS OF
ELEMENTARY, MIDDLE AND HIGH SCHOOL; DEFINIlVG CHARTER SCHOOL; DELETING
A DEFINITION FOR SCHOOL, PUBLIC OR PRNATE; PERMITTING ELEMENTARY,
MIDDLE AND HIGH SCHOOLS WITHIN THE COMMUNITY MIXED USE GENERAL (CM-G)
AND COMMUNITY MIXED USE EMPLOYMENT (CM-E) ZONING DISTRICTS; AND
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTNE DATE. (DCA08-0007)
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 Subchapters 5
and 23 of the Denton 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
Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE CITY 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. Subchapters 35.5 and 35.23 of the Denton Development Code are amended to
reflect the changes 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 5. 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 6. 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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 9l~ day of ~ , 2008.
s:\our documents\ordinances\08\dca08-0007.dacx
L~~~~%~/
MARK A. BURROUGH AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
PAGE 2
ANITA BURGESS, CITY ATTORNEY
Exhibit A
Section 35.5.4.2 of the Denton Development Code is hereby amended to revise the use table
for institutional land uses in the CM-G and CM-E zoning classifications and use
designations, to read as follows:
Basic Utilities SUP SUP
Community Service P P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges P P
Business /Trade School P P
Adult or Child Day Care P N
Kindergarten, Elementary School P N P N
Middle School ? ~ ? Pl
High School ? N ? N
Colleges P P
Hospital N N
Elderly Housing N N
Medical Centers P P
Cemeteries N N
Mortuaries P P
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(1~ =Limited as defined in Section 35.5.8
Section 35.23.2 of the Denton Development Code is hereby amended to reflect the following
changes or additions to the definitions:
Charter School: A school established by a contract with the State Board of Education (SBOE)
or the board of trustees of an independent school district; licensed by the state and meeting the
state requirements for primary, secondary or higher education.
Elementary School: A public*, private or charter school established for grades 1 through 5 but
may also include a kindergarten.
High School: A public*, private or charter school established for grades 9-12 or 10-12.
Middle School: A public*, private or charter school established for grades 6-8 or 6-9.
~N`„~:c~Mi ~ ,.:i:~:o.....::>,:,.~, ~~„ao„~„ ._:~,,, t,.,.,o t,..~;,..,t ,.,- to.....,:.,,. a;,. >,i a
Reference Note -Texas case la~v generally prohibits enforcement of zoning restrictions upon the location of any school operated by a
governmental authority with the powers of eminent domain (e.g. Denton Independent School District.)