2006-349SAOur Documents\Ordmances\06\DCA05-0015 Accessory structure amend men t. DOC
ORDINANCE NO. A60 3 1/9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTERS 35.12 AND 35.23 OF THE DENTON DEVELOPMENT CODE, PERTAINING
TO ACCESSORY STRUCTURES AND MINIMUM FLOOR AREA REQUIREMENTS;
PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0015)
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 public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35.12 and 35.23 of the Development Code, pertaining to Accessory Structures and Minimum Floor
Area requirements; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the 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. Subchapter 35.12 and 35.23 of the Development Code are hereby amended in
part, as particularly described in Exhibit A, attached hereto and made part hereof by reference. All
other provisions of Subchapter 35.12 and 35.23 not specifically changed by this amendment shall
remain in full force and effect.
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 section, subsection, paragraph, sentence, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
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 thc[~ - day of &"A ) 2006.
PERK cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EY
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APPROVED AS TO LEGAL FORM:
I. Subchapter 35.12 of the Denton Development Code is amended by replacing the existing
section 35.12.4 in its entirety, to read as follows:
35.12.4 Accessory Buildines and Structures.
Accessory buildings and structures shall comply with all requirements for the principal use except
where specifically modified by this Subchapter and shall comply with the limitations as set forth in
Exhibit 12 -1:
A. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not be
located between the main structure on the site and any street adjacent to a front or side yard, and every attempt
shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical
equipment may be placed in a side yard abutting a side street if there are lot or building constraints from placing
it in the other side yard and the equipment is screened with a fence or landscaping. Any installation of
mechanical equipment shall require a building permit.
B. 1. A swimming pool on a lot with a single family home may be constructed no closer than five (5) feet from
any other buildings and structures on the same lot.
2. A swimming pool on a lot with a single family home may be constructed no closer than three (3) feet
from the side and rear lot line and the swimming pool shall not encroach on an easement. All other
provisions of subchapter 12 not inconsistent with this amendment shall remain in full force and effect.
Exhibit 12.1
Detached Accessory Structure Regulations
Interior Lot Corner Lot
ACCESSORY ACCESSORY
STRUCTURE e STRUCTURE
(Garage) Rear Yard (Garage)
Setback
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General Regulations
• The combined square footage of the house and accessory structure cannot exceed the zoning district
maximum lot coverage listed below. Lot coverage is determined by dividing the square footage of structures
by the total lot square footage.
• Accessory structures are prohibited in any required front or side yard setback..
• The parking of vehicles is not allowed in a required side yard, except where the garage is in the rear and not
accessed from an alley.
• The property owner is responsible for locating property lines and determining lot square footage. The City
does not provide surveying services.
• Encroachment into a recorded easement is not permitted.
• All accessory structures that require a building permit shall be architecturally compatible with the principal
structure; or shall be screened from abutting properties and the public right of way.
• The guest quarters shall be located on the same lot as an existing detached single-family use and maybe located
within or attached to the principal building or in a detached accessory building.
ii. No more than one (1) guest quarters per tract or lot shall be allowed.
iii. Guest quarters shall not be used as rental units.
iv. The guest quarters shall be served by the same utility meter as the primary dwelling, and the building
materials and architecture will be similar or in concert to the primary dwelling unit.
ll. Subchapter 35.23 of the Denton Development Code is amended by replacing the
definition of "Guest House" with a new definition of "Guest Quarters", to read as follows:
Guest Quarters: An attached or detached building that provides living quarters for guests, servants, or a related
family member, which is considered an accessory use, and which is clearly subordinate and incidental to
the principal residence on the same lot; and is not rented or leased.
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