2003-376ORDINANCE NO. W''37f~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO LIMITATIONS
OF ACCESSORY DWELLING UNITS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM
FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF: A SEVERABILITY CLAUSE;
AND AN EFFECTIVE DATE. (SI03-0017).
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, as a part of a quarterly review of the Development Code, and after conducting a
public hearing as required by law, the Planning and Zoning Commission has recommended certain
changes to Subchapter 5 pertaining to limitations of maximum gross habitable floor area of an
accessory dwelling unit; and
WHEREAS, 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. Subchapter 5 of the Development Code is hereby amended in part as particularly
described in Exhibit "A" attached hereto and made a part hereof by reference. All other provisions of
Subchapter 5 not inconsistent with this amendment shall remain in full force and effect.
SECTION 2. 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 offence.
SECTION 3. 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 affect 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 4. 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 the date of its passage.
PASSED AND APPROVED this the 10kh day of 14, 2003
&zmtt,~ Adcz-
EULINE BROCK, MAYOR
S10ur Documents0rdinances\030enton Dev Code Subchapter 5.DOC
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 2
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S90ur Documents\Ordinances\03\Denton Dev Code Subchapter 5.DOC
EXHIBIT "A"
Subchapter5
35.5.8 Limitations
The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but
limited
L(t) =
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall
not exceed 50% of the GHFA of the primary residence on the lot and shall not exceed
1000 sq. ft. GHFA unless the lot meets the requirements of L(I ).5.
5. The maximum gross habitable floor area (GFHA) of the accessory residential structure shall not
exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than
ten acres in size An SUP is not required for such an accessory residential structure where the lot size is
equal to or greater than ten acres.