2006-085- S:\Our Documents\Ordinances\O6\Development Code Amend 3.doc
ORDINANCE NO. ,ZODlci - D,pL
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 35.5 OF
THE DENTON DEVELOPMENT CODE ("CODE") BY ADDING SECTION 35.5.2.4,
ENTITLED "MIXED USE RESIDENTIAL PROTECTION OVERLAY"; AMENDING THE
FIRST SENTENCE OF SECTION 35.7.3 OF THE CODE RELATING TO OVERLAY
DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of
the City of Denton, Texas, as amended (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapter 5 of the Development
Code; and
WHEREAS, 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 State law,
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 and are true and correct.
SECTION 2. Subchapter 35.5 of the Development Code is hereby amended by adding
Section. 35.5.2.4, to read as follows:
35.5.2.4 Mixed Use Residential Protection Overlav: Where necessary to address the
concerns of owners of existing adjacent residential uses that a proposed non-residential
or multi-family mixed use allowed by this subchapter is incompatible, the applicant may
consent to the imposition of increased setback, landscaping, screening or buffer
requirements along the borders of such existing residential uses, or to the imposition of
additional use or performance-based restrictions upon the proposed use. Such additional
modifications or restrictions shall, upon approval, amend the underlying zoning
classification and use designation to add these supplemental requirements. The Mixed
Use Residential Protection Overlay may be established through the Zoning Amendment
Procedure, either as a separate zoning case, or in conjunction with an amendment of the
underlying mixed use zoning classification.
SECTION 3. The first sentence of Section 35.7.3 of the Development Code is amended
to read: "The creation or amendments to an Overlay District shall be made using the Zoning
Amendment Procedure and the creation or amendments to a Special Purpose District shall be
made using the Denton Plan Amendment Procedure." All other provisions of Section 35.7.3
shall remain in effect.
SECTION 4. If any section, subsection, pazagraph, sentence, phrase or word in this
ordinance, or application there of 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 City Council of 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 immediately from and after its
passage.
PASSED AND APPROVED this the ,2~'-day of_ ~~~ 2006.
~~ ~g~~--
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 2
APPROVED AS TO LEGAL FORM: