2006-322S90ur Documents\Ordimm s\06\DCA06-0019-nune pro mnc.doc
ORDINANCE NO. 2006 -3ZZ
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN
INADVERTENT MISTAKE IN ORDINANCE NO. 2005-224, SPECIFICALLY ITS
AMENDMENT OF SECTION 35.13.13.2 !OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION
THEREOF; PROVIDING FOR SEVERABILITY, SAVINGS AND SUPERSEDURE; AND
PROVIDING FOR AN EFFECTIVE DATE.
(DCA06-0019)
WHEREAS, on August 16, 2005, by Ordinance 2005-224, the City Council approved an
amendment to various sections within Subchapters 5, 13, 14 and 23 of the Denton Development
Code; and
WHEREAS, there was an inadvertent mistake in the drafting of Ordinance No. 2005-224,
specifically its definition in Section 35.13.13.2 of a proximity slope line, as the ordinance failed to
conform to the information provided to City Council at the meeting when the ordinance was
approved; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to
reflect the truth of what was actually approved by the City Council when approving the ordinance;
and
WHEREAS, the City Council finds that the action taken herein is 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.
SECTION 2. Ordinance No. 2005-224, providing for the amendment of portions of
Subchapters 5, 13, 14 and 23 of the Denton Development Code is hereby amended to the limited
extent necessary to correct an inadvertent mistake in the amendment of subsection A.1. of Section
35.13.13.2, and as corrected, said subsection A.l .shall instead read as follows:
35.13.13.2 Multiple Unit Residential Dwellings and Multi Family Developments
Any residential buildings designed for multiple units, either for rental or condominium
ownership and their lots, shall comply with the following standards:
A. Orientation.
1. Orientation requirements for all multiunit buildings, except in designated pedestrian
zones:
a. At least 50% of the front yard frontage shall have buildings within 20 feet of the
front property line or within 30 feet of the curb line of a private street.
b. Buildings that are located within 20 feet of property line adjacent to a front yard
or within 30 feet of the curb line of a private street shall have at least 40% of the
wall facing the street in window or door areas.
c. Parking areas shall not be located between buildings and the street. Parking lots
may be located on the sides and behind the buildings.
d. Buildings proposed for construction on any lot(s) that abuts a single-family
residential zone shall be constructed to a maximum height of (40') forty feet or;
Buildings proposed for construction on any lot(s) that abuts a single-family
residential zone in excess of (40') forty feet shall be designed and constructed in
conformance with the requirements of the residential proximity slope, and no part
of the building may extend beyond the residential proximity slope.
e. Residential proximity slope is represented by two planes projected upward and
outward from a specific property or site, as defined by the text and diagrams
below:
(1) The first plane is a vertical plane extending through the boundary line of a
specific property or site at the building setback line up to a height of forty feet
(40'), and
(2) The second plane extends upwards and towards the restricted building at a
slope of 35 degrees from horizontal, from its intersection with the top of the first
plane. (See figures 35.13.13.2.A.Le. 1 and 2, below).
The horizontal distances used to calculate the height restrictions imposed by the
residential proximity slope may be determined by using the lot, block, and right-
of-way dimensions.
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4TH FLOOR ~
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3RD FLOOR
2ND FLOOR
1ST FLOOR
STREET NEW DEVELOPMENT MIXED-USE IREIAL EXISTING
SETBACK I SETBACK SINGLE-FAMILY
A RESIDENTIAL PROXIMITY SLOPE IS REQUIRED IF THE NEW DEVELOPMENT SHARES A
PROPERTY LINE WITH AN EXISTING SINGLE-FAMILY USE OR ZONING DISTRICT. A35-DEGREE RESIDENTIAL PROXIMITY SLOPE
ANGLE IS MEASURED FROM A POINT 40 FEET ABOVE GRADE AT THE MINIMUM SETBACK LINE.
PAGE2
0TH FLOOR
35• I 3RD FLOOR
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1ST FLOOR
1
EXISTING SINGLE-FAMILY I STREET NEW DEVELOPMENT
USE OR ZONING DISTRICT 1
A RESIDENTIAL PROXIMITY SLOPE IS REQUIRED IF THE NEW DEVELOPMENT SHARES A
PROPERTY LINE WITH AN EXISTING SINGLE-FAMILY USE OR ZONING DISTRICT. A35-DEGREE RESIDENTIAL PROXIMITY SLOPE
ANGLE IS MEASURED FROM A POINT 40 FEET ABOVE GRACE AT THE MINIMUM SETBACK LINE.
(figures 35.13.13.2.A. Le. I and 2)
f. Buildings shall front on public streets and/or a private street system and not
parking lots.
g. Buildings shall be directly accessed from the street and the sidewalk. A
minimum of one ground floor pedestrian entrance must be oriented toward the
street and include a porch.
h. Entrances shall be clearly visible from the street edge sidewalk and shall be
pedestrian-scaled. Front entries should be denoted through the use of distinctive
architectural elements and materials, such as ornamental glazing or paving, over
doors, porches, trellises or. planter boxes or as otherwise identified in this
section.
Accessory structures such as carports, garages and storage units (but not
including leasing offices, club houses or recreation centers) shall not be located
along public right-of-way and/or private street system.
Garages may occupy no more than 40% of the total building frontage. This
measurement does not apply to garages facing an alley or courtyard entrance.
Any garage may not extend beyond the building front. Garages that are at least
30 feet behind the house front may exceed the 40% frontage minimum. Garages
shall not be located along the portion of the building that fronts the public or
private street.
PAGE 3
SECTION 3. All provisions of Ordinance 2005-224 and the Denton Development Code not
specifically amended herein shall continue in force and effect; however, the provisions of this
ordinance shall govern and control over any conflicting provisions of Ordinance 2005-224, to the
extent of any such conflict..
SECTION 4. 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 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 and approval.
PASSED AND APPROVED this the day of //2006
PERK R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
AS TO LEGAL FORM:
PAGE 4
EDWIN M. SNYDER, CITY ATTORNEY