2007-249~.
s:\our dacuments\ordinances\07\elderly housing ordinance.doc
ORDINANCE NO. ~Of/ / - ~S 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO ELDERLY
HOUSING; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF AND AN EFFECTNE DATE. (DCA07-0003)
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 public hearings as required bylaw,
the Planning and Zoning Commission recommended approval ofcertain changes to Subchapter 23 of
the Development Code, pertaining to Elderly Housing; 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 ofthis ordinance are
incorporated herein by reference as true.
SECTION 2. Section 35.23.2 of the Development Code is hereby amended in part, as
described in Exhibit A, attached hereto and made part hereof by reference. All other provisions of
Section 35.23.2 not specifically changed by this amendment shall remain in full force and effect.
SECTION 3. Any person violating any provision ofthis ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision ofthis 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 ofthis
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~V~~day of D/ , 2007.
"~~
PERK R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
EXHIBIT 2
AMENDMENTS TO SUBCHAPTER 23
Elderly Housing: A structure licensed by the Texas Department of Aeine and Disability
,..,....n,.a t.., ,.:a.,,_ ......u:,. ",.a.. :..,.«:...«:,.....t t.,.. ..,.r .. ..........._...:,.., eighty percent of
whose occupants are 55 years of age and suet= older, and that ; ~-, ~ °«~~~~~~-° ~°"~-~ ~~~" ~-
..."o.... ,.e e..,.t, t.,..,.ot,,.t,t ,. ~ .,. te..... ,, e..t .... a,.. o a~..:.., c ~r
... .,a a;,.o„a., «,. «t.e ..e_~,...,. ,.e.".,« ",...,,o",.ta meets the definition of one of the three uses
listed below:
Elderly Housing, Assisted Living: Services in these establishments include assistance with
daily activities, such as dressing grooming, bathing, etc.
Elderly Housing, Congregate Care Facility: A facility for long-term residence generally for
persons 55 years of age or older, and which shall include, without limitation, common dining,
social and recreational features, special safety and convenience features designed for the needs
of the elderly, such as emergency call systems, grab bars and handrails, special door hardware,
cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the
provision of social services for residents which shall include at least two of the following: meals
services, transportation, housekeeping linen, and organized social activities.
Elderly Housing, Life Care Housing and Services: A residential complex, which may contain
multi-family dwellings, attached dwellings, single-family dwelling and other types of dwellings
and structures designed for and principally occupied by senior citizens. Such facilities will
include one of the followinu: a congregate meals program in a common dining area, assisted
living housing, nursing home facilities, congregate care facilities, or arm medical facilities. axd
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~~
Hospital: An establishment which provides sleeping and eating facilities to persons receiving
medical, obstetrical, or surgical care and nursing service on a continuous basis; or a nursine
home (see definition).
Nursing Home: A home for the aced, chronically ill, or incurable persons who are unable to
care for themselves and in which three or more persons not of the immediate family are kept or
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