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2008-158Oour documentsordinances\08\dcaOR-0003.dnc ORDINANCENO. 2, UV -19T AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 14 AND 23 OF THE DENTON DEVELOPMENT CODE, REGARDING PARKING REQUIREMENTS FOR DUPLEXES, REVISIONS TO THE DEFINITIONS OF STRUCTURES AND ACCESSORY STRUCTURES, PROVIDING DEFINITIONS FOR FLATWORK AND PRINCIPAL STRUCTURE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (DCA08-0003) 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 14 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 proposed changes to the Development Code are consistent with the Comprehensive 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. Subchapters 35.14 and 35.23 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 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 ofDenton, Texas, within ten (10) days of the date of its passage. sinur dmumenL%\ordinancesV08Vdca08-0003.dn PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: G APPROVED AS TO LEGAL FORM: Page 2 JOHN M. KNIGHT, INTERIM CITY ATTORNEY EXHIBIT A Section 3514.4.A.1 of the Denton Development Code is hereby amended to read as follows: Single family dwellings. Two (2) spaces per dwelling unit; the spaces cannot be tandem parking spaces. For duplexes, one additional parking space is required for each additional bedroom over three bedrooms. Section 35.23.2. of the Denton Development Code is hereby amended to read as follows: Structure: shelter, housing or enelesure of persons, animals or -1 1 . - - - - - ca str c+ed-an edifice An edifice o-pdOtEffe of any kind or any piece of work artificially built up or composed of parts joined together i fne a„o i ' which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Flatwork or in-ground swimming pools are excluded AVeessO---st;*etQ,es Structure, Accessory: A Any structure on the same lot with, and o€-a-stae is incidental and subordinate to, the principal structure. > am. ply-m houses; te"His eour4s; satellite dash antennas; freestandi*~ radio and/of TV walkways; and v t ai l Flatwork, in-ground swimming_ pools and fences perimeter or walls used as fences are excluded The following definitions will be added to the Subchapter 35.23.2: Flatwork: Any impervious area constructed at grade such as driveways and walkways Structure, Principal: The structure in which the primary permitted use of the lot on which the structure is located and conducted