2005-100. C:\DOCUME-I~cadickkLOCALS~I\Temp\DCA05-001 Ordinance .dec
OP INANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 5 AND SUBCHAPTER 23 OF THE DENTON DEVELOPMENT CODE
PERTAINING TO RETAIL AND RESTAURANT USES ASSOCIATED WITH QUICK VEHICLE
SERVICING IN THE INDUSTRIAL CENTER EMPLOYMENT (IC-E), INDUSTRIAL CENTER
GENERAL (1C-G) AND EMPLOYMENT CENTERS INDUSTRIAL (EC-I) ZONING DISTRICTS;
PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0001)
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 February 9, 2004, the Planning and Zoning Commission recommended approval of certain
changes to Subchapters 5 and 23 pertaining to retail and restaurant uses associated with Quick
Vehicle Servicing in the Industrial Center Employment (IC-E), Industrial Center General (IC-G) and
Employment Centers Industrial (EC-I) zoning districts; 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 £mdings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Subchapter 5 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other
provisions of subchapter 5 not inconsistent with this amendment shall remain in full force and effect.
SECTION 3. Subchapter 23 of the Development Code is hereby amended in part as
particularly described in Exhibit "B" attached hereto and made part hereof by reference. All other
provisions of subchapter 23 not inconsistent with this amendment shall remain in full force and
effect.
SECTION 4. 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 5. 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
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ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION 6. This ordinance shall become effective fourteen (14) days fi:om 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 the date of its passage.
PASSED AND APPROVED this the~4--day of ~//~9(_l~j ,2005.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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Exhibit A
Amend Sub-Chapter 5 of the Development Code to include the following L18 and L(22)
limitations:
L(18) =
L(22) =
Uses are permitted only in association with Gas Stations and are limited to no
more than 5,000 square feet of gross floor area except adjacent to 1-35 then
uses are limited to 10,000 square feet of gross floor area.
Uses are permitted only in association with Gas Stations and are limited to no
more than 25 seats except adjacent to 1-35 then the number of seats is limited
to 50.
2. Amend Use Table in Sub-Chapter 5 of the Development Code be amended as follows:
Retail Sales and Service P L(18)N L(18)N L(18)N
Restaurant or Private Club P P L(14) L(22)N
Drive-through Facility P P L(14)N L(14)N
Quick Vehicle Servicing P P P P
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Exhibit B
Amend Sub-Chapter 23 (Definitions) to include:
Gas Stations: A facility that provides retail sales to the public of gasoline, motor oil, automobile
lubricants, motor fuels, txavel aids, and minor automobile accessories.
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