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2002-348ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO MULTI-FAMILY DENSITY CALCULATIONS WITHIN THE DOWNTOWN UNIVERSITY CORE DISTRICTS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI02- 0011). 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 density calculations within the Downtown University Core Districts; 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 offense. 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 `day of '2002. A~- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: l0I It l/fl1[ % APPROVED AS TO LEGAL FORM: HERBERT L. PR_WTY, CITY ATTORNEY BY: Page 2 of 3 Exhibit "A" Subchapter 5 35.5.3.2 Permitted Uses. The following uses are permitted within the Downtown University Core District: Residential Land USC Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings P P N N Accessory Dwelling Units P P N N Attached Single Family Dwellings N P P P Dwellings Above Businesses N P P P LiveMork Units P P P P Duplexes P P P N Community Homes For the Disabled P P P P Group Homes N N N SUP Multi-Family Dwellings N R 'R •R;.,i Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(5) = Permitted, except within this district the density of apartments will be calculated as one bedroom equating to .5 units. Page 3 of 3