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ORDINANCE NO o3DOO~ /
AN ORDINANCE AMENDING CHAPTER 35, "ZONING," OF THE CODE OF ORDINANCES,
CITY OF DENTON, TEXAS BY AMENDING SECTION 35-76 TO INCLUDE A DEFINITION
FOR CAR RENTAL FACILITIES AND AMENDING SECTION 35-77 TO ALLOW CAR
RENTAL FACILITIES IN SPECIFIC ZONING AND LAND USE DISTRICTS, PROVIDING A
SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2000 FOR VIOLATIONS THEREOF, PROVIDING A SAVINGS CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE (SI-00-008)
WHEREAS, on April 4, 2000, the building official of the City of Denton, Texas made the
determination that a car rental establishment was similar to that of an open-lot new or used car sales
establishment and should therefore only be allowed in zoning districts which permit open-lot new
and used car sales, and
WHEREAS, on April 17, 2000, the Zoning Board of Adjustment (ZBA) overruled the
decision of the building official, in essence determining that car rental is a distinctly separate and
different use from open-lot car sales, and
WHEREAS, in accordance with Section 35-78 of the Zoning Ordinance of the City of
Denton, Texas, staff referred the question of car rental establishments to the Planning and Zoning
Commission for recommendation of classification of new and unlisted uses, and
WHEREAS, on May 24, 2000, the Planning and Zoning Commission made a
recommendation regarding the definition of "car rental' and recommended allowing the same as an
allowed use within certain existing zoning districts and land use classifications, and
WHEREAS, the City Council finds that Chapter 35, "Zoning," of the Code of Ordinances
should be amended to include "car rental" and provide for its allowance within certain existing
zoning districts and land use classifications, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Section 35-76 of Chapter 35, Code of Ordinances, City of Denton, Texas,
"Zoning" is hereby amended to include the following definitions
Car rental - restricted means an establishment for the rental of new or used
passenger vehicles No more than ten (10) rental cars shall be stored at the location
at any given time, and no vehicles shall be offered for sale on the premises
Cleaning and maintenance of vehicles shall be screened from public view If
property is adjacent to residential development, all cleaning and maintenance of
vehicles shall be done indoors
Car rental - semi-restricted means an establishment for the rental of new or used
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passenger vehicles No vehicles shall be offered for sale on the premises Cleaning
and maintenance of vehicles shall be screened from public view If property is
adjacent to residential development, all cleaning and maintenance of vehicles shall
be done indoors
Car rental - unrestricted means any establishment that leases or rents new or used
vehicles for any purpose but that does not meet the definition of "car rental" or car
rental - semi-restricted "
SECTION 2 Section 35-77 of Chapter 34, Code of Ordinances, City of Denton, Texas,
"Zoning" is hereby amended as follows
Car rental - restricted shall be a use by right in the General Retail (GR),
Commercial (C), Central Business (CB), Light Industrial (LI), Heavy Industrial
(HI), and Planned Development (PD) zoning districts and land use classifications
Car rental - semi-restricted shall be a use by right in the Commercial (C), Light
Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zoning
districts and land use classifications and shall be allowed in the General Retail
(GR) and Central Business (CB) zoning districts and land use classifications with
an approved Specific Use Permit (SUP)
Car rental - unrestricted shall be a use by right in the Commercial (C), Light
Industrial (LI), Heavy Industrial (HI), and Planned Development (PD) zoning
districts and land use classifications
SF,,CTION 3 This ordinance shall repeal every prior ordinance in conflict herewith, but only
insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of the
ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative
except as to such prior ordinances or portions thereof as are expressly repealed hereby
SECTION 4 If any provisions of this ordinance or application thereof to any person or
circumstances is held invalid by any court, such holding shall not affect the validity of the remaining
portions of tlus ordinance, and the City Council of the City of Denton, Texas hereby declares that
it would have enacted the remaining portions despite any such invalidity
SECTION 5 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 6 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-Chromcle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
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PASSED AND APPROVED this the a° day of LQ. 2000
A"o-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY _5~
i
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