2005-244ORDINANCE NO.200 - 2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SECTION 35.23.2 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
DEFINITION OF TOWNHOUSES AND DWELLING, SINGLE-FAMILY
ATTACHED; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE (DCA05-0003)
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 a public hearing as
required by law on July 13, 2005, the Planning and Zoning Commission recommended
approval of certain changes to Section 35.23.2 of the Development Code pertaining to the
definition of townhouses and dwelling, single-family attached; 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 L. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. Section 35.23.2 of the Development Code is hereby amended as
follows:
a. Revise the definition of Townhouse as follows: See "Dwelling, Single-
Family Attached".
b. Revise the definition of "Dwelling Single-Family Attached" as follows:
A single-family dwelling that is a part of a single structure containing at
least three, but not more than eight, such dwellings, and each dwelling: 1)
Is one or more stories in height; 2) Has an outside individual front and
rear entrance on the ground floor; 3) Is separated from the other dwellings
in the structure by fire-rated common walls; 4) Has an individual meter
for each utilities; 5) Has access to a public street or alley; 6) Has frontage
on a public street; 7) Occupies its own individual lot.
C. Delete the definition of "Townhouse, Fee Simple".
All other provisions of Section 35.23.2 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 9 day of 2005.
4 ray
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: QQ,GI,P 4
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY