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: