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HomeMy WebLinkAbout1971-054AN ORDINANC~- AMPNDING ORDINANCE NO 69-1 OF THF CITY OF DEN~gN, TEXAb, /~STABLIShING AND PROVIDING l'(}.~ ZONINC~ RE~,ULATIONS AND CREATING ZONINC DISTRICTS IN ACCORDANC] N1TH A COqPPEHENSIVE ~LAN AND WITHIN SUCH DISTRICTS RLGUI~\TING THE USE OF LAND, BUILDINGS, AND STRUCTUI%ES; TI!P. HE1GIIT, BULK AND LOCATION OF BUILDINGS, ESTAB- LISHING ~4INIMU~I RLQU!RE. MENTS FOR OFF-STRELT PARKING, REGULATING T}I~. ~R~CTION, RLPA1R ~ND AL'£P-F~ATION O[ ALL BUILDINGS AND STRUC'PURES, ESTA~LIS~ING THE REQUIREMENTS FOR BUILDING SITES AND THE MANNER OF THE1R C~ATION, DE~ INING CLR%'AIN TEn:I~, ~t~k~NG ALL FIGURES, LETTFRS, MARAINGS, SYMBOLS AND C}L~RTS CONTAINLD IN SAiD ORDINANCE OR SHO~N ON T~E MAP A PART OF SUCH ORDINANCE, PROVIDING ~ PENALTY FOR VIO- LATION OF AND FOR INJUNCTIVE R--LI~'-? TO PER&ONS AFF~.CTED BY T:~E VIO- LATION OF SAID ORDINANCn', PROVIDING A SAVINGS CLAUSE AND DECLARING AN EPF~.CTIV~ DATE, WHm-REAS, the Plannlng and Zoning Commission has heretofore ~adu a study of the zonxng regulatlons and ex~stlng land use of the Cxty of Denton over a perlod of several months and recommended certain revislon~ to the zonxng regulations of Ordinance 69-1 pass- ed and approved on the 14th day of January, 1969, and WHEREAS, the City Counull purse]ant to a request of the Plannlng and Zoning Commission d~d call a public hearlng on October 26, 1971, after glulng notlce as required by law; and WHEREAS, the City Councll ~s of the opinion that the Dausage of the amendments to the Zon~nq Ordlnance as recommended by the Plann- Ing and Zonlng Comm~sslon ls in the public lnterest and deemed neces- sary for the promotion of~the health, safety, morals and general wel- fare of the Clty, NOW, THLREFORE, T~~- COUNCIL O,' T}'E CITY OF DENTON, TEXAS, HERP. BY ORDAINS. PART ONE. ENACTING CLAUSE That Articles 2, 7, 12 A (23) and (25), 13, 14, 15 A, 15 C, 17,~ 26, 27A (46)and (56) and 28, of Ordlnanc~ No 69-01 of the Cxty of Denton, Texas, passed January 14, 1969, k~own as the Zoning 01din- ante, togethe~ with all amendments thereto are hereby amended to read as follows ARTICLE 2 ZONING DISTRICTS ESTABLISIIED THE CITY OF DENTON, TEXAS, IS HEREBY DIVIDED INTO SEVENTEEN (17) ZONING DISTRICTS THE USE, HEIGHT AND AREA REGULATIONS AS SET OUT HEREIN ARE UNIFORtl IN EACH DISTRICT TIlE SEVENTEEN DISTRICTS ESTABLISIIED IIEREIN SttALL DE KNOUN AS Abbreviated Zoning D~strict Designation Name < A Aqricultural District SF-16 One-Famly Dwellino District SF-IO One Family Dwelllnn District SF-7 One-Family Dwell~nq District ~F Two-Family Dwell~na District MF-1 Multiple-Family Dwelltnq District MF-2 Multiple-Family Dwellinq Distr~ct · U University District P Parking District J 0 Office District NS Neighborhood Service District GR General Retail District · C Commercial D~strict CB Central Business District LI L~ght Industrial District HI Heavy Industrial Distr~ct PD Planned Development District ARTICLE 7 US~ REGULATION DISTRICTS USE OF LAND AND BUILDINGS LAND AND BUILDINGS IN EACH OF THF FOLLOWING CLASSIFIED DISTRICTS HAY BE USED FOR ANY OF THE I-OLLOt ING LI~TED USES BUT I10 LAND SHALL HEREAFTER BE USED AND NO BUILDING OR STRUCTURE SHALL HEREAFTER BE ERECTED, ALTERED OR CONVERTED WHICH IS ARRANGKD OR DESIGNED OR USED FOR OTItER THAN rHOSE USES SPECIFIED FOR THE DISTRICT IN UHICH IT IS LOCATED AS SET FORTH BY THE FOLLOWING SCHEDULE OF USES A L~EGEND FOR INTERPRETING_~KHEDULE OF USE ' '~J Deslqnates use permitted in dlStrlct Indicated [". 1 Designates use proh~b,ted ,n district ind,cated L Destqnate$ use may be approved as Spectflc Use S Permit, Ar,~cle 10 8 PRIMARY RESID[NTIAL USES s C E~CATIONAL, INSTITUTIONAL ~ SPECIAL USES ~u~[w S S S ~ S S S S S S S .... ~J . ........ I . ~ -.......T,~ ~ c~c cLu~ [~.~o S S S S S S S S S S S co~[., S S S S S ~ - O UTILITY, ACCESSORY AND INO~NTAL USES MKnO w~ ?~C~ t~ S S S S S ~ ~ S S S S ~'L L/i,- I E ~CREATIONA~ AND C~E~AINMENT AUTOMOBILE SLflVICE USES RETAIL AND ~RYICE ~K USES S S S K COMMERCIAL TYPE USES ~TS (~PECIAL ~QUI~ENT) ~ ,,~ .. F~OR CATI~ (5)) ,,, t... ~RACTOR~ ~P ~ L NATURAL R~S~RCE STORAGE ~ EXTRACTION M SPECIAL INDUSTRIAL PROCESSES I~CK ~N ~ S LlU~ U&NUMCTU~ S ~MP OR ~4NIT~Y S N GCN[RA[ ~NUFACTURING AND INDUSTRIA~ USE~ ARTICLE 12 DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS A THE FOLLOWING DEFINITIONS AND EXPLANATORY NOTES SUPPLEMENT RESTRICT AND DEFINE THE ~'EANING AND INTENT OF THE USE RE- GULATIONS AS SET FORTH IN TIlE USE SCttEDULE, ARTICLE 7 A THROUGH IN INCLUSIVE (23) Home Occ~Qations - A home occupation is an occupation carried on ~n'-~'he-~-~'6~e--'b-~-~-member of the occupants' family, with- out the employment of additional persons, without the use of a sign to advertise the occupations except as hereinafter permitted and without offering any commodity for sale on the premises Further, such occupation must not use equiom~nt other than that customarily found in a household and which does not create obnoxious no~se or other obnoxious conditions to adjoining residential property such as emtssilon of odor, hazardous increase tn traffic or generation of light or smoke, and where the use is carried on in the main struc- ture only. A home occupation specifically excludes the operation of a repair garage, plumbing shop or similar activity in a resi- dential area. For purposes of tht; ordinance, retail sales are per- mitted through activities which are commonly termed "garage sales" when such sales do not extend in duration in excess of three conse- cutive calenda, days, and all other prows~ons of the home occuoat~o~ requirements as l~sted above are followed And, sale~e,?Om such premises are deemed not to comply with the "garage sa exception t( the home occupation rule if such "earage sales" reoccur within six (6) months after termination of the last sale held at the same pre- mises, or, if commodities sold are those other than those items cus- tomarily found in a household (2§) Off-Street P~rkinQ Incidental to Main Use Off-street parking spaces provided in accordance u~t~ the requirements ~ec~f~e~ by this Ordinance and located on the lot or tract occupied by the main use or on an ~mmed~ately contiguous lot or'Lract, or on a lot or tract within 150 feet of the main lot or tract ~f located ~thin the same zoning district, or on a lot ~n the "P" ParL~ng Distr~ct such lot is w~th~n 150 feet of the lot or tract occupied by the ~a~n use ARTICLE 13 AREA REGULATIONS EXCEPT AS HFREINAFTER PROVIDED, NO BUILDING OR STRUC1URE OR PART THEREOF SHALL BE ERECTED, ALTERED OR CONVERTED FOR ANY USE PER,fITTED IN THE DISTRICT IN UHICH IT IS LOCATED UNLESS IT IS IN CONFOR[IITY WITH ALL THE MINI)IUM REGULATIONS HEREIN SPECIFIED FOR LOT AREA, LOT WIDTH, LOT DEPTtl DWELLING UNIT AREA, LOT COVERAGE AND FRONT, SIDE AND REAR YARDS AND DWELLING AREA A LOT AREA The minimum residential lot area for the various Districts shall be in accordance with the follow~nn schedule, except that a lot having less ti)an herein required which was an official "lot or record" prior to the adoption of this Ordinance may be used for a one-family dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in area below the mini- mum requirements set forth he) ein (1) IN THE FOLLOWING ZONING DISTRICTS TH£ MINIMUM LJT AREA FOR RESIDENTIAL USE SHALt 8E IN ACCORDANCE FOLLOWING SC}IEDUL[ (a) SCHEDULE MINIMUM LOT AREAS-RESIDENTIAL DISTRICTS IN SQUARE FEET (b) SCHEDULE MINIMUM LOT AREAS-NON-RESIDENTIAL DISTRIC1S IN SQUAR[ FEET B. LOT tIIDTIt The mtntmum lot wtdth for lots in the various Districts used fo)' residential purposes shell be in accordance etth the followtno schedule, except tiler a lot havtnq less width than h~retn required which was an official "lot of record" pr~or to the adoption of th s Ordinance may be used aq a one-family d~ellinq and no lot existino at the time of passaqe of this Ordi~)anc~ shall be reduced in width belo~ the minimum set forth herein (1) IN TIlE FOLLOWING ZONING DISTRICTS T}'E HIt(IMUM LOT WIDTH FOR RESIDEUTIAL USES SIIALL BE Itl ACCORDA~JCE WITH THE FOLLOIIING SCHEDULE. (a) SCIIEDULE MINIMUM LOT WIDTItS-RESIDENTIAL DISTRICTS m (b) SCHEDULE MIHIHUM LOT WIDTHS-~{O:I-RCSIC[~ITI'AL DISTRICTS C. LOT DEPTH The mJntmum lot depth fop the va~tous DtstrJcLs shall be Jn accordance ~:l~:l~ the follo~tn9 sched.le, except tibet a lot havtng le~$' depth titan ho~etn ~equt~ed ~htch t~as an offtctal "lot of ~eco~da p~top to the adoptton of thts Ordinance may be used for ~ onu-famtlv, d~lllng and no lot extsttnq at the ~tme of passaae of thts O~dtnance shall be ~educed tn depth belo~ the mtntmu~ set ~1) IN TIlE FOLLOWING ZO[t~G DISTRICTS THE H]H]HUH LOT DEPTH FOR RES~DE~tT]AL USES SHALL BE ][I AC~ORDMICE H]TH TIlE FOLLOWING SCHEDULE (~) SCHEDULE OF H]~]I4U~ LOT DEPTH-RES]DEHT]AL DISTRICTS D,, L__OT COVERAG__E, AND FLOOR A.~R£.,,...A_ PATIO The maximum oercentaQe of any lot area whlrh may hereafter be covered by the main building and all accessory buildinqs and the maximum ratio of floor area to the total area of the lot or tract on which a building is located shall not exceed the following sche- dule, except ~%'here an existing butldinq at tho e~fect~ve date of this Ordinance may have a greater percentaoe of a lot covered or a higher floor area ratio than here~n prescribed, such building shall be considered a conformtnq use (1) IH THE FOLLO[,~ING ZO~II[IG DISTRICTS TEIE MAXIHUM BUILDING LOT COVERAGE AND FLOOR AREA RATIO SHALL BE IN ACCORDANCE WITH THE FOLt0WING SCHEDULE (a) SCHEDULE MAXIMUM BUILDING COVERAGE-RESIDENTIAL DISTRI~CTS ~ A ~F'-16 ~F-IO SE..7 ~'F MF-I MF,~ U ~ I~ ~X~ ~RCENT OF LOT AREA WHICH MAY BE COVERED  BY aU~LDING Itl RESIDENTIAL (b) SCHEDULE HAXIMU[I COVERAGE Alto F A R -NON-RESIDENTIAL DISTRICTS ~g~ ~C~NT ~ LOT E FRONT YARD No building, structure or use shall hereafter be located, erected or altered so as to ,)ave a smaller front yard than here- inafter required. (l) IN THE FOLLDt~ING ZONING DISTPICTS TI)F MINIMUM REQUIRED FRONT YARD SHALL I)E IN ACCORDANCE WITII THE FOLLOWIHG SCHEDULE AhD rio I)UILDING, STRUCTURE OR USE SHALL HERE- AFTER BE LOCATED, ERECTED, OP ALTERED, SO AS TO HAVE A SMALLER FRONT YARD THAN )(EREI)IAFTER REQUIRED (al SCHEDULE MINIMUM FRONT YARDS-RESIDENTIAL DISTRICTS ' A ) $F-16 SF-IO $F-? :~-F MF-I I~'.~' U PD TYPE USE k~INIMUM FRONT Y~RD IN FEET ~(CEPT AS H~:REINAFTER 40 :55 ~0 ~ 25 ~ 25 25 PROVIDED ~ 13-E (b) SCHEDULE MINII4UM FRONT YARDS-NON-RESIDENTIAL DISTRICTS P 0 NS GR C CB Li HI t~lbl~liU~ F~OHT YA~O ~ FE~T ~ i3.E m (2) SPECIAL FRONT YARD RESULATIONS (a) ~here the frontage on one side of a street between two Intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requtraments of the most restrictive district for the entire frontage, (See Appendix Illustration 7) (b) Where a butldtng line has been established by plat or Ordinance approved by the City Planning and Zoning Commission nr enacted by the City Cuuncil and such line requires a greater or lesser front yard srtback than is prescribed by this Ordinance for the district in which the building 1,ne is located, the re- quired front yard shall comply with the building line so establish- ed by such Ordinance or plat. ~ ~ (~c) The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace~ or attached accessory building. Eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet and subsurface structures may not project tnto~the front yard to a height greater than forty (40) inches. Appendix Illustration 5) {d) Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildinqs has been established along one frontage on the plat or by Ordinance, in which event only one required front yard need be observed. (See Appendix Illustration 6) (e) If buildings alonq the frontage of any street ~n a single block have observed an average setback which ~s 9re~ter or lesser ~n dimension than the m~nimum front yard established in the distr~ct. then the average front yard of all buildings in the block shall establish the minimum front yard, ho~ever, th~s requlation shall not be interpreted as requiring a front yard of more than f~fty {50) feet or any butldtnq to observe a set back exceeding ten {10) feet greate than that observed on any adjacent lot (See Appendix Illustration ~ (f) In the MF-2 District, a ~nimum front yard of twenty-five (25} feet shall be required prowded, ho~ever, that in no case shall the d~stance from the centerl~ne of the street on which a bu-~d~nq fronts to ~he front face of the build~n~ be less than one-hal, the height of the building. {See Appendix Illustration ll) (q) In the PD District, the following front yards shall be provided Commercial or Retail Develo~_z~ent- S~xty (60) feet except drive-in servlce-J~ul--i-T-d~n~js may~ave a minimum thirty (30) foot front yard and gasoline service star,on pump ~slands may not be located n,ear~r than eighteen {18) feet to the front property l~ne Housgn9 Deve.l.Rp.Ee__n_t.- T,venty-~ ive (25) feet Indu,.~tr~al Developme.Q..t - Thirty {30) feet Off]..Clq~._~Je_.d. tca.1..o_r Other Develo~nment Twenty-F)ve (~S) feet Eh) Gasoline service station pump ~slands shall not be located nearer than eighteen (18} feet to the front property l~ne --(i) In the "CB" Central Business District, no front yard ~s required except that no structure may be erected nearer than thirty (30) feet to the centerltne of any street upon which such structure fronts, nor may any building in the aforu specified be erected ahead of ~ny building l~ne established by Ordinance F, SIDE YARD El) IN THE FOLLOHING ZONING DISTRICTS THE HINIMUH REQUIRED SIDE YARD SHALL BE IN ACCORDANCE WITH TIlE FOLLOWING SCHEDULE AND NO BUILDING, STRUCTURE OR USE SHALL HEPE- AFTER BE LOCATED SO AS TO tlAVE A S)~ALLER SIDE YARD 0~ EACH SIDE OF SUCH BUILDI~(G THAN HEREI~I REQUIRED (a) SCHEDULE )~II;IMUH SIDE YARDS-RESII)ENTIAL DISTRICTS A SF-i6 SFIOi~F ? :~F HFI ME Z U PO BIDE YARD RE~DENTIAL tO PERCENT OF LOT ~IDTH R(~IRED IN EACH STRUCTURES MINIMUM SIDE YARD F~ ~m~ See I~ P ~IOE YARD RESIDENTIAL NO SIDE YARD N~ED EXCEED THE F~LOWt~ ST~CT~ES MAXIMUM WIDTHiN FEET FOR TH~ 31STRICT S~CIFIED ~IRED WIDTH IN ~EET F~ S~ I~F (bi IN NON-RESIDENTIAL DISTRICTS P, O, NS, GR, C, CB, LI AND HI, THE SIDE YARD FOR RESIDENTIAL USES SHALL BE TIlE SAME AS RE- QUIRED IN THE NF-1 DISTRICT NO SIDE YARD IS SPECIFIED FOR NON-RESIDENTIAL USES EXCEPT AS INDICATED IN ARTICLE 13F (2) (2) SPECIAL SIDE YARD REGULATIONS (a) Every part of a required side yard shall be open and un- obstructed except for accessory bulld~nqs as pelmitted herein, and the ordinary projections of window sills, belt courses, cornices and other architectural features projectlnq not to exceed twelve (12) inches into the required side yard and roof eaves pro3ect~ng not to exceed twenty-f,.~ (2q)lnches into the ~equlred side yard (bi Multiple-family dwellings not exceedlnq three (3) stories in height shall provide a mntmum side yard of fifteen (15) feet between any building wall containing openings for windows, lloht and ~ir, ~nd ~ny s~de lot line except that any such building face or wall not exceeding thirty?five (35) feet in w~dth may provide a m~nimum side y~rd of ten (lO) feet. Where a building ~all contains no open- ings for windows, liqht or air, a minimum side yard of ten (lei feet sh~ll be provided between such wall and the side lot line (See Appendix Illustr~tion 9) (c) Where ~p~rtment buildings or structure~ are constructed to exceed three (3) stories in helqht, a side yard equal to one (1) foot for each two (2) feet of building height for all bulldinqs faces or walls hawng openlnq for l~ght, a~r or access shall be provided, ex- cept that such side yard need not e~ceed f~fty (50) feet In all districts permittlnq the construction of apartment build~ngs exceed- ing three (3) stories in heioht, a m~n~mum s~de yard of ten (lei feet shall be required for any building face or ~all ~hlch contains no open~ngs for windows, light or a~r (See Appendix Illustration ll) (d) On a corner lot a side yard ad3acent to a street for a multiple-family dwelling not exceed~no three (3) stories in height shall not be less than fifteen (15) feet and no balcony or porch, or ~ny portion of the building may extend into such required side yard, except that a roof may overhang such side yard not to exceed four (4) feet (e) On a corner lot used for one-family or two-family dwell- lngs, both street exposures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that w--her~'-one'~-~'~eete~p'-~'s'~re i§ d6s"i"g~'~t~d as a s~e~-F-cF'-by a bulldlno line shown on a plat approved by the City Plann~nq and Zoning Commission containing a side yard of ten (10} feet or more the building provisions on the plat shall be observed On lots which were official lots or record prior to the effective date of th~s O~dinance, the minimum s~cle yard adjacent to a side street shall be ten (10) feet {See Appendix Illustration 4) {f) A one-family attached dwelling shall orovide a minimum required side yard adjacent to a s~de street of ten (10) feet and no complex of attached one-family d~elllngs shall exceed two hundred (200) feet in length A m~n~mum required side yard of f~ve {5} feet shall be provided at the el~d of each one-family attached dwelling complex so that the end of any t~lo adjacent building complexes shall be at least ten {10} feet apart (See Appendix Illustration 12) {g) The m~nimum side yard requirements ~n a Planned Develop- ment Dlstrict shall be established on the s~te plan which shall be made a part of the Amendtnq Ordinance {h} No side yard is specified for non-residential use in the O, NS. GR, C, CB, LI, and HI Districts exceot where a commercial, retail or industrial or other non-residential use abuts u~on a d~s- trict boundary line dividing such d~stricts from a residential d~s- trice in which event a m~nimum ten (10) foot s~de yard shall be pro- vided on the side adjacent to such residential dlstr~ct G REAR YAR,~ NO BUILDING OR STRUCTURE SHALL ~IEREAFTER BE LOCATED, ERECTED OR ALTERED TO HAVE A REAR YARD SMALLER THAN HEREI[I REQUIRED (a} In the A, SF-16, SF-IO, SF-7, 2F, tiF-1, MF-2, U, P, O, NS, GR, C, CB, or LI Dist)~cts, no ma~n residential bu~ldlnn may be constructed nearer than ten (10) feet to thb rear property line The main residential build,nh and all accessory buildings shall not cover more than f~fty {50} percent of that port~on of the lot lying to the rear of a line erected jo~n~nq the m~d-po~nt on one side lot l~ne w~th the m~d-po~nt of the opposite s~de lot l~ne For accessory bu~ld~ng standards see Article 18 (b) In the O, NS, GR, C, CB. LI and )ti D~str~cts, no rear yard is specified for non-residential use excep, ~here retail, commercial or ~ndustr3al uses back upon a co~)~mon d~str~ct l~n~, whether sena)ateo by an alley or not, dived]rig the d~str~ct from any of the residential d~str~cts l~sted here~n, a m~n~mum rear yard of ten (10) feet shall be provided (c) Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty {30) inches above the general qround level of the qraded lot, except for accessory buildings, landscaping, fences and similar appurtenances and the ordi))ary projections of w~ndow sills, belt courses, cornices and roof overhanqs and other arci~itectural features projecting not to exceed four (4) feet into the required rear yard (d) The minimum rear yard ~n a PD, Planned Development Dis- trict, shall be established on the s~te elan or by the Amending Ordinance in accordance w~th Article {e) Wh.re multiple-family dwellings exceed three {3) stories in height, a rear yard equal to one {1} foot for each two (2) feet of buildlnq height ~hall be provided except that no such rear yard need exceed fifty (50) feet as a result of this provision and except further that in the MF-2 and CB Dlstr~cts, no rear yard ex- ceeding ten (10) feet shall be required where the rear wall of a residential structure contains no op.n~ngs or windows for light or HIGHWAy SET BACK REQUIREMENTS NO STRUCT~K. OR BUILDIHGS ADJACENT TO A UNITED STATES OR STATE HIGHWAY SHALL HEREAFTER BE LOCATED, ERECTED OR ALTERED EXCEPT IN CONFORMANCE WITH THE FOLLOt~ING STANDARDS For any use other than s~ngle family or two family dwelling units, all structures shall be set back a m~n~mum of f~fty (50) feet from any r~ght of way of the Federal or State Highway System (any h~ghway designated as a Federal or State H~ghway) ~ncludlng the front- age roads thereof, but excluding those preteens of U S 77 and U S 377 on Locust Street and Elm Street Uetween Eaqle Drive and F R 2164 At the present t~me th~s h~gh~ay systep~ includes I H 35E, I ), 35W I H 35, Loop 288, U S 77 {Dallas Drive}, U S 377 {Fort Worth Drive) U S 380 (University Dr~ve), F R 426 {East McKlnney), F R 428 (Sherman Drive), F R 2164 (North Locust), and F R 2181 {Teasley Lane The f~fty foot area may be used for off-street parking, driveways, signs, canopies, and pun~p ~slands No s~gn, canopy, or pump ~sland. however, shall be located wttt)~n 25 feet of such h~ghway right of ~ay ARTICLE 14 IIEIGHT REGULATIONS NO BUILDING OR STRUCTURE SHALL BE LOCATED, ERECTED OR ALTERED SO AS TO EXCEED THE HEIGHT LIMIT IIEREINAFTFR SPECIFIED FOR THE DIS- TRICT IN WHICH THE BUILDING IS LOCATED A IN THE FOLLOWING THE MAXIMUM }IEIGIIT OF BUILDINGS ZONING DISTRICTS AND STRUCTURES StlALL BE (1) A, Agricultural Three (3) stories except as noted District in Article 14B following (2) SF-16, Single-Family Two and one-half (2 1/2) stories Dwelling Dlstrlct except as noted in Article 14 B following {3) SF-IO, Single-Family Two and one-half (2 1/2) stories Dwelling District except as noted in Article 14 B following {4) SF-7, Single-Family Two and one-half (2 1/2} stories Dwelling District except as noted in Article 14 B following (5) 2F, Two-Family Two and one-half (2 1/2) stories Dwelling D~strlct except as noted in Article 14 B follow~ng (6) MF-1, Mult~ple- Three (3} stories except as noted Family Dwelling ~n Article 14 B follow~n~ D~strict (7) MF-2, Mult~ple- To any legal l~m~t except apartment Family Dwelling buildings over three (3) stories District require additional yards as speck- fled in Article 13 (8) U, University To any legal height except tha: D~strict buildings over three {3) stories ~n he~qht require addlt}onal yards as specified in Article 13 (9) P, Parking District Three {3) stories except as noted tn Article 14 B (10) O, Office District To any leqal limit except as noted in Article 14 B (ll) NS, Neighborhood Two (2) stories except as noted in Service District Article 14 B following {12) GR, General Retail Throe (3) stories except as noted District in Article 14 B following (13} C, Commercial Twenty (20) stories except special District setback required for all structures above three {3) stories (14) CB, Central Bust- To any leqal height not prohibited ness District by other laws or ordinances (15) LI, Light Indus- To any leqal height not prohibited trial District by other laws or ordinances (16) HI, Heavy Indus- To any leqal height not prohibited trial District by other laws or ordinances (17) PD, Planned Deve- To any legal height provided that lopment O~strict the total floor area does not exceed the total site area and coverage of site by f~rst floor does not exceed forty (40) percent of the total site area B SPECIAL HEIGHT R£GULATID~IS in the d~stricts where the height of buildings ~s restricted to two (2) or three (3) stories, oooltng towers,, roof qable~, chim- neys and vent stacks may extend for an a~td~t~onal height not to ex- ceed forty-five (45) feet above the averaoe grade l~ne of the build- ing Hater stand pipes and tanks, church steeples, domes and spires, and school bulld~nqs and ~nstitutlonal buildings may be erected to exceed three (3) stories in he~qht ~n residential areas restricted to two (2) or thiee (3) stories in height, provided that one (1} add~ tional foot shall be added to tile w~dth and depth of s~de and rear yards for each foot that sucl~ structuies e)ceed three (3} stories ~n height, ARTICLE 15 VEHICLE PARKING REGULATIONS EXCEPT ASiIIEREINAFTER PROVIDED, NO BUILDING OR STRUCTURE OR PART THEREOF SHALL DE ERECTED, ALTERED OR CONVERTED FOR Arty USE PERMITTED IN TIlE DISTRICT IN WHICH IT IS LOCATED UNLESS TIIERE SHALL BE PROVID- ED ON THE LOT OR TRACT, ON AN IMMEDIATELY CONTIG2OUS LOT OR TRACT OR WITHIN 150 FEET OF SUCH LOT OR TRACT, VEHICLE PARKING IN THE FOLLOW- ING RATIO OF VEHICLE SPACES FOR THE USES SPECIFIED IN THE DESIGNATED DISTRICTS, EXCEPT THAT A~( ESTABLISIIED USE LAWFULLY EXISTING AT TIlE EFFECTIVE DATE OF THIS ORDII(ANCE NEED NOT PROVIDE VEHICLE PARKING AS HEREINAFTER SET FORTH AND TltAT NO EXISTING VEHICLE PARKING II! CON- NECTION WIT)( SAID USE AT THE EFFECTIVE DATE OF THIS ORDINANCE ~IAY BE REDUCED BELOW THE MINIMUM NUMBER OF SPACES AS HEREINAFTER REQUIRED A. IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM OFF-STREET PARKING SPACES FOR RESIDENTIAL USES SHALL BE (1) A, Agricultural Two (2) spaces for each dwelling unit District (2) SF-16, One-Family Two {2} spaces for each dwelllnq unit Dwelling District (3) SF-IO, One-Family Two (2) spaces for each dwelling unit Dwelling District {4) SF-7, One-Family Two (2) spaces for each dwelling unit Dwelling Distr~ct (5) 2F, Two-Family Two (Z) spaces for each dwelli~g unit Dwelling D~str~ct (6) MF-1, ~utiple- Two (2) spaces for each dwelling unit Family Dwelling District (7) MF-2, Multiple- T~o {2) spaces for each dwelling unit Family Dwelling Distr~ct {8) U, University T~o {2) spaces for each one (1) or District two {2) fan)~lv or multi-family d~ell- inq unit One (1) space for each bedroom unit ~n dormitory, room~nq house or other group housing structur (9) O, Office Dtstrtct Two (2) spaces for each dwelltng unit (10) NS, Noighborhood Two (2) spaces for each dwe111ng Service Distr~ct unit (11) GR, General Retail Two (2) spaces for each dwelling Dis tri ct unit (12) C, Commercial Two (2) spaces for each dwelling District unit (13) CB, Central Two (2) spaces for each dwelling Business Dlstr~ct unit (14) LI, Light Indies- Two (2) spaces for each dwellinq trial District unit (1S) His Heavy Indus- No requirement (dwelling excluded) trial District (16) PD, Planned Deve- Two (2) soaces for each dwellinq lopment District unit plus such additional requ~re- merits as may be specified by the Amending Ordinance C SPECIAL OFF-STREET PARKING REGULATIONS (1) In computinq the off-street parking requirements for any development which includes more than one d~st~nct class of use (~ e retail centers with restaurants, multi-family developments w~th public convenience facilities, etc ) the total park~nq requirement shall be the sum of the specific parking )equ~rements for each class of use This provision shall apply only when the uses are separate and dlst~n¢ and shall not be construed to exclude store roo' or offices from re- tail requirements In all cases where :wo or mope uses co-exist to perform a slngular function w~th~n a structural un~t, the park~ne re- quirement shall be based on the gross area using the h~ghest m~n~mum parking requirement applicable (2) In the SF-16, SF-IO, S~-7, 2F, MF-1, MF-2, U, O, and NS Districts, no parking space, qar ge, or carport or other automobile storage space or structure shall be used for the storage of any truck, truck tra~ler or van except panel and p~cLup trucks not exceed~nq one (1} ton capacity (3) Floor area of structure devoted to o,f-street patktng of vehicles shall be excluded in computing the off-street p~-~inq requirements of any use, ARTICLE 17 SIGN REGULATIONS A, THE DISTRICTS 1~ HHICH THE VARIOUS TYPES OF $IG[15 ARE PERHITTED ARE INDICATED ~Y TIlE SCItEDULE OF USES, ARTICLE 7 A TItROUGH H THE FOLLOWING SPECIAL PROVISIONS SIIALL APPLY TO TIlE VARIOUS TYPES OF SIGNS IN THE DISTRICTS INDICATED B, PERMANENT TYPE SIGNS SPACIrlG TYPE S~G~ N~XIHUH AREA ZOHE PERMITTED STANDAkDS (1) Name ~ s~ ft, All Residential None Plate pistr~cts No Restetctton All Oistrtcts Except Residential None (2) Institutional 36 sq ft All Residential None S~gn O~strtcts No Restriction All Districts Except Residential None (3) Apartmeqt 50 sq ft Al~ D~stricts Per- One Sign mitring Apartments Street Frontaqe (4) Bustness No Restriction Permitted in O, HS, Hone Stgn Except as Here- GR, C, CB, LI, HI, Specified inafter Provided and PD Oistr~cts For Certain Dis- tricts and ?ypes (5) Adverttsinq No Restriction Pernitted in C,CB, None S~gn Except as Here- LI, HI D~stricts Specified inafter Prowded for Certain D~s- tracts SPACING TYp~.SIGN MA___XI~!UM AREA ZONe PERMITTED STANDARDS (6) Agricultural 100 sq. ft Permitted ~n A, 200 ft Be- Sign GR, C, CB, LI, III, tween Signs AND PD DISTRICTS C ThMPORARY TYPE SICNS (?) Real Estate 18 sq ft All Residential One for each Sign Dlstr~cts platted lot or Residential tract and for acreage-one for each 200 ft of street or high- way frontage Real Estate No Restriction In Ail D~strlcts None Sign except Residential Specified (Same - but non-resldentaal) (8) Construction 60 sq. ft. In Ail Districts None Sign (9) Development 200 sq. ft In All Districts One per pro3ect Sign in Single-Family, or one for each Two Family, and 100 acres in pro- Multiple-Family ]ect District subject to approval of Building Inspector as provided in Article 19C (10) Garage 4 so ft In All Districts One for each Sale platted lot or Sign tract (11) Advertising 72 sq, ft NS,CR,C,CB,LI,llI None (Portable) D~strlcts Specified D. In a PD, Planned Development District, the sign standards shall be specified in the Amending Ordinance E No sign shall be constructed to exceed the maximum building height permitted In the specific dlstllct %~e~-u. the ~lgn 1~ located e\ceDt In shopping centers or similar commercial or o£flee ce~ters co,raininG six (6) acres or ~ore pylon or ma3or ~dentlflcat~on signs not to exceed seventy-five (?$) feet In height may be erected when set back from t}e side and rear property line a distance equal to the height of the sign F No sign shall be located or co~structed so as to Inter- fore with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, bean) or flashing illun~- nation resembl~lig an emergency ~gnal G Any nonconformi~)g sign which ~s damaged or ~s deteriorated to a point where its restoration cost exceeds 50 percent of its replacement value shall be removed Jl No sign shall be erected so as to project ~nto the public right of wa,y of any street or alley, except ~n the CB, Central Busi- ness Distrtlct, any projecting sign shall not extend outward from any bu~ldtng face ~nto the public r~qht of way for a d~stance of more than ten (10) feet or to within t~lo {2) feet of the street curb, which ever is moro restrtcttve I. No sign shall be located or e-ected within the required front yard except a pole sign not exceedtng eiqhty (80) square feet in area may be erected mn sites utilized by gasoline service stattons, drive- in grocery or similar qutck servtce retail establishments No such pole signs shall be located so that any port~on of the stgn encroaches into the public right of way fei' a distance of more than two (2) feet from the p~operty line J No advertising sign structure shall contain more than two {2} s~gn panels facing tn the same d~rectton K No provision of thts Qrd~nance shall supersede or replace any other Ordinance of the C~ty of Denton having to do with the s~gn stan- dards, matortals or constructton except the ~rov~s~ons of th~s Ordin- ance pertatnlnq to the use of the various types of s~qns ~n the vari- ous dtstr~cts and their size and location shall take orecedence over all other Ordinances, regulations and standards L In the "0" Offtce Distr~ct no s~gn mounted at ground level shall exceed 36 square feet tn area, and no hole s~gn shall exceed 60 square feet tn area ARTICLE 26 AMENDMENTS A. ANY PERSON OR CORPORATION HAVING A PROPRIETARY INTEREST IN AIrY PROPERTY MAY PETIIION THE CITY COU~(CIL FOR A CHA~(GE OR A~ENDMENT TO THE PROVISIO~IS OF TItIS ORDI~A~(CE 0)~ T)IE PLA~)NING AND ZONI2G COMMISSION HAY ON ITS OWN MOTIOI~ OR 0~; PEQUEST FROM THE CITY COUNCIL INSTITUTE %TUDY AND PROPOSAL FOR CHA)(GES AND AME~(DPENTS IN THE PUBLIC INTEREST B. PROCEDURE (1) The City Council may, from time to time, amend, supple- merit, et change by O~dinance tile boundaries of the districts or the regulations herein established as provided by the Statutes of the State of Texas (2) Before taking action on any proposed amendment, supplement, or change, the governing body shall submit the same to the Planning and Zoning Commission for ~ts recommendation and report (3) The Planning and Zoninq Commission shall hold a public hearing on any application for any amendment or chanqe prior to mak- ing its recommendation and report to the C~ty Council Written not~c~ of all public hearings before the Planning and Zoning Commission on a proposed a-,ndment or change shall be sent to all owners of real property 1, within two hundred (200) feet of property on which the ~e~r yge is r ~ested Such notice shall be g~ven not less thant~ days before the date set for hearing by postinq such notice pro addressed and postage-paid to each taxpayer as the ownership appears on the last approved City Tax Roll (4) A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change Not~ce of sucl hearing shall be given by publication ~n the official neuspaper of th C~ty of Denton star,hq the t~me and place of such hearing, which t~me shall not be earlier than fifteen {15) days from the date of publ~cat (5) Unless a proposed amendment, suoplement or chanqe has been approved by the Plann~nq and Zon~n~ Commission, or ~f a protest aqaln such proposed amendment, supplement or change has been f~led ~tn the C~ty Secretary, duly R~ened and acknouledoed by the ouners of twenty (20) percent or more of the area of the tots ~ncluded ~n such a propo change, or those within two hundred (200) feet therefrom, such amendm shall not become effective except by a four-f~fths (4/5} vote of the C~ty Council ARTICLE 27 GENERAL DEFINITIONS A CERTAIN UORD% IN THIS ORDINANCE NOT HERETOFORE DEFINED ARE DEFINE AS FOLLOWS Words used in the present tense ~nclude the future, words ~n the singular number ~nclude the plural number and words ~n the plural number include the sinqular number, the word "bulld~nq" ~ncludes the word "str~cture", tile word "lot" includes the words "plot" or "tract" the word "shall" is mandatory and not d~scret~onary (46) ~ark~ng Space - An enclosed or unenclosed hard-surfaced (i.e. concrete or as~ft) area of not less than one hundred eighty (180) ~quare feet (mln~mum 9 feet by 20 feet) not on a public street or alley, together with a minimum maneuvertng area of approximately twenty (20) feet (See Appendix Illustration, ~o 13) No parklna area or maneuvering space shall encroach on a Public street and all access to all parklng arras shall be urov~ded by d[st&nct driveways from adjacent public %flouts. (56) Trailer, Houge (Mobile Home) - A vehicle equipped for use as a dwelling and desl~{0d to be transported on a highway ARTICLE 28 APPLICABLE CONDITIONS OF PREVIOUS ORDINANcEs All previous ordlnances and Specific Use Permits which have been approved are made a part of this Ordinance and are referenced an the lists of Speolflc Use Permits and Planned Development D~strlcts shown zn the Appendlx and adopted as part of Ordinance No 69-01 as amended hereby. P_ART TWO That any person vlolating any of the provisions of thls Ordin- ance shall, upon a conviction, be fined any sum not exceeding two htmdred dollars ($200.00), and each day and every day that the pro- vlslons of this Ordinance are violated shall constitute a separate and distinct offense In addition to the sa~d penalty provided for the rlght ls hereby conferred and extended upon any property owner owning property in any dlstrlct, where such property owner may be affected or invaded by a violation of the terms of this Ordinance, to bring suit in such court or courts having 3urlsdlctlon thereof a,%d obtain such remedies as may be available at law and equity in the protection of the rights of such property owners ~ART THRF~. That, by the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls w~thln a use d~strlct where the actual use is a conforming use 0therwlse, such uses shall remain nonconforming uses where recognized, or an lllegal use, as the case may be. It ls further the intent and declared purpose of this Ordinance that no offense committed, and no llabll&ty, penalty or forfeiture, e~ther civil or criminal, incurred prlor to the time the exlstlnq Zoning Ordinance was repealed and this Zoning Ordinance adopted, shall bo discharged or affected, by such re- t)eel, but prosecution., and suits for SUch oftenses, llabllltles, pen- alt&es or £orfe~tures may be ~nstltuted or causes presently pending proceeded wlthln all respects as if such pr~or ordinance had not been repealed. PART That tf any sectton, paragraph, subdivision, clause, phrase, or provision of thts Ordinance shall be adjudged tnvaltd or held unconstitutional, the same shall not affect the valtdtty of thts Ordinance as a whole or any part or provisions thereof other than the part so dectded to be tnvaltd or unconstitutional PART FIVE That thts Ordinance shall become effective fourteen (14) days from the date of 1ts passage, and the City Secretary ts hereby dtrected to cause the captton of thts Ordinance to be published twtce tn the Oenton Record-Chronfcle wtthtn ten (10) days of the date of 1ts passage. PASSED AND APPROVED Thts the ~day of A. O 1971. A~.EXKN~ER M P~NCA¥,/d~:~V~MAYOR CET~ OF DENTON, TEXAFa~/v ATTESTx~ . / B.RDOt('S HOLT, C[T~' SECRETARY "' CiTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM .~Y~I[CK Q BARTON; CITY ATTO //~[TY OF DENTON, TEXAS NOV 2, 1971