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2003-377ORDINANCE NO. 6,Wi -377 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER12 OF THE DENTON DEVELOPMENT CODE PERTAINING TO APPLICABILITY OF INDUSTRIAL PERFORMANCE STANDARDS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF: A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI03-0018). 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 12 pertaining to applicability of industrial performance standards; 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 12 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 12 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 /00 day of 2003 EULINE BROCK, MAYOR SAOur Documents\Ordinances\Menlon Dev Code Subchapter 12.DOC ATTEST: JE ER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: HERBERT L. PR UTY, CIT ATTORNEY BY: S:\Our Documents\Ordinances\03\Denton Dev Code Subchapter 12.DOC EXHIBIT "A" Subchapter 12 35.12.11 Industrial Performance Standards Performance standards for industrial uses in all zoning districts shall be as follows: