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2005-243S1Our Documents\Ordinances\05\DCA05-0004.doc ORDINANCE NO. 70.a - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE SETBACK REQUIREMENTS OF SWIMMING POOLS AS ACCESSORY STRUCTURES; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE (DCA05-0004) 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 a public hearing as required by law on July 13, 2005, the Planning and Zoning Commission recommended approval of certain changes to Subchapters 12.4.1) of the Development Code pertaining to the setback requirements of swimming pools as accessory structures; and WHEREAS, after providing notice and 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 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. SECTION 2. Subchapter 12.4.1) of the Development Code is hereby amended to require 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. 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 application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not effect 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 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 its passage. PASSED AND APPROVED this the iv dr day of ed~~ 2005. &'&~ laioc_~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: dGLVLY./l APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: