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2007-238c:\dowmc-I \jcrichar\locals-I\cemp\xpgrpwise\z07-0022.doc ORDINANCE NO: ~S Q,y / ~~~~} AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PORTION OF SECTION 35.11.7. OF THE DENTON DEVELOPMENT CODE, PERTAINING TO THE REQUIRED MINIMUM HOUSE SIZE; AND PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THERFOR, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0022) WHEREAS, pursuant to Ordinance 2006-139, the City Council of the City of Denton, Texas adopted an amendment to the Denton Development Code (the "Development Code"), defining a special purpose overlay district, for the property therein described (the "Property"), together with specific zoning and development standazds unique to that district and its distinctive characteristics; and WHEREAS, this staff initiated amendment was consented to by the record owner of the Property, and amendment of the zoning and development standards unique to this special purpose overlay district necessitates a Code amendment as well; and WHEREAS, after conducting properly noticed public hearings as required by law, the City Council finds that the requested changes to these zoning and development standards for this special purpose overlay district, and to the Denton 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 pceamble of this ordinance are incorporated herein by reference as true. SECTION 2. Section 35.7.11.3.D. of the Development Code is hereby amended to read as follows: D. Minimum House Size. All single-family homes must contain a minimum of 2,500 square feet under roof, excluding covered patios and porches. All other provisions of Section 35.7.11. not inconsistent with this amendment shall remain in full force and effect. SECTION 3. Any person violating any provision with 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. s:\our documeu[s\ordinances\07\z07-0022.dac 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 (] 0) days of the date of its passage. PASSED AND APPROVED this they .-day of D~/~ , 2007. PE Y R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED\ BY: