HomeMy WebLinkAbout10-01-1996
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CITY COUNCIL AGENDA PACKET
October 1, 1996
Agenda No_ . Lip-ow
AGENDA Agenda Item
CITY OF DENTON CITY COUNCIL Date-
October 1, 1996
Closed Meeting of the City of Denton City Council on Tuesday,
October 1, 1996 at 5:45 p.m. in the civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Discuss status and consider settlement of
subrogation claim of Phillip and Elizabeth Baker.
2. Consider rescinding Resolution R96-058 and
incorporating the terms of such resolution with
revisions into an ordinance or reconsider the
adoption of such resolution relating to the GTE
franchise fee dispute.
r B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
Regular Meeting of the City of Denton City Council on Tuesday,
October 1, 1996 at 7:00 p.m. in the louncil Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee,
Texas, one and indivisible."
2. Consider approval of a resolution of appreciation for Tom
Klinck.
3. Recognition of winners of the 1996 Public Power Week "Kids
Create the Future" Script Contest.
4. Citizen Reports
A. Receive a citizen report from Norman Eastwood regarding
a development project - The Villas at Pecan Creek.
B. Receive a citizen report from Dessie Goodson regarding
SPAN and the City of Denton.
C. Receive a citizen report from Joe Dodd regarding the
leasing of the T.I. property.
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October 1, 1996
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D. Receive a citizen report from Roderick Courtney regarding
City Policies section 109.01 and 109.03.
5. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance amending the comprehensive zoning ordinance of
the city of Denton, Texas. (The Planning and Zoning
Commission recommends approval 7-0.)
B. Hold a public hearing and consider adoption of an
ordinance to rezone 200.4 acres from Planned Development
103 (PD-103) to the Single Family 16 (SF-16) zoning
district. The subject property is located on the west
side of Teasley, between Hobson and Londonderry. (The
Planning and Zoning Commission recommends approval 6-0.)
C. Hold a public hearing and consider adoption of an
ordinance and Detailed Plan rezoning 1.511 acres from the
Single Family 7 (SF-7) zoning district to a Planned
Development (PD) zoning district. The subject property
is located on the west side of Mingo Road, approximately
200 feet south of Withers. (The Planning and Zoning
Commission recommends approval 6-0.)
D. Hold a public hearing and consider adoption of an
ordinance to rezone 42.815 acres from the Light
Industrial (LI) and Agricultural (A) zoning district to
the Multi-Family 1 (MF-1) zoning district. The subject
property is located between Spencer and Loop 288,
approximately 300 feet east of Colorado. (The Planning
and Zoning Commission recommends approval 6-0.)
E. Hold a public
amending hearing Odinnce consider
ordinance
92-203t Section of Illn
Condition 2 to allow for accessory buildings and
increasing the 400 square foot maximum for accessory
buildings to 1,000 square feet for 10.087 acres located
in the General Retail Conditioned (GR(c)) zoning
district. The subject property is located on the east
side of State School Road and its intersection with
Colorado Boulevard. (The Planning and zoning commission
recommends approval 6-0.)
6. Variances
A. Consider approval of exaction variances to Section 34-124
(e) pertaining to drainage design standards; Section 34-
pertainingttonfire hydrants, flow;
70.561 Section acre 4 tract (is
located in Division One of the City of Denton's ETJ on T.
N. Skiles Road. (Vista Ranch Estates) (The Planning and
Zoning commission recommends approval 6-0.)
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City of Denton City Council Agenda
October 1, 1996
Page 3
B. Consider approval of exaction variances to Section 34-
124(e) pertaining to drainage design standards; Section
pertaining ptot fire n hydrants. flow a 043 acre 3 tract (is
located in Division One of the City of Denton's ETJ on
F.M. 428. (Thomas Addition) (The Planning and Zoning
Commission recommends approval 6-0.)
7. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 8.A,
8.B, 8.C, 8.D). This listing is provided on the consent Agenda to
allow council Members to discuss or withdraw an item prior to
approval of the Consent Agenda. A citizen may not speak or fill out
a request to speak' form on an item on the Consent Agenda unless
the item is removed from the Consent Agenda. The speaker shall be
allowed to speak and the item shall then be considered before
approval of the consent Agenda.
A. Bids and Purchase orders:
1. • Bid 11948 - Crack sealing of Streets
2. Bid 11949 - Lease of Office Space - Ash Properties
3. P.O. 164553 - Dickerson Construction Company
4. P.O. 167400 - Midwest Towers, Inc.
5. Check Requisition - Electric Reliability Council of
Texas
8. Consent Agenda Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid 11948,
5.A.2. - Bid 11949)
B. Consider adoption of an ordinance authorizing the
execution of a change order to a contract between the
City of Denton and Dickerson Construction; and providing
for an increase in the contract price. (5.A.3. - P.0.
164553)
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October 1, 1996
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C. Consider adoption of an ordinance providing for the
expenditure of funds for emergency purchases of
materials, equipment, supplies or services in accordance
with the provisions of State law exempting such purchases
from requirements of competitive bids. (5.A.4. - P.O.
167400)
D. Consider adoption of an ordinance approving membership in
the Electric Reliability Council of Texas for the City of
Denton. (5.A.5.)
9. Ordinances
A. Consider adoption of an ordinance amending Section 34-41,
34-42, and 34-43 of the Code of Ordinances to provide a
new procedure for development contracts eliminating the
requirement of a payment bond and a performance bond; and
to provide for a one year warranty on public improvements
from the date of final completion and for other
conditions as stated herein. (The Planning and Zoning
commission recommends approval.)
B. Consider adoption of an ordinance ordering an emergency
election to be held to fill a vacancy in Place 2 on
November 23, 1996 subject to the Governor proclaiming
this as an emergency election under Section 41.0011 of
the Texas Election Code, and, if a runoff election is
required, on December 210 1996, for the purpose of
electing a Council Member to Place 2 of the City Council;
providing rescinder of this ordinance in the event that
the Governor declines to authorize the election;
designating voting places and appointing election
officials; providing for bilingual notice of the
election; and ordering that an electronic voting system
will be used.
10. Resolutions
A. Consider approval of a resolution calling a public
hearing and requiring that notice of the public hearing
be given in accordance with Chapter 26 of the Parks and
Wildlife Code to obtain public comment concerning the
proposed exchange of approximately 13.08 acres in
Abstract 616 and 1007 out of South Lakes Park for
approximately 5.105 acres in Abstract 186 near Evers Park
from the Denton Independent School District for the
purpose of facilitating the construction of a middle
school on the 13.08 acres out of South Lakes Park.
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City of Denton City Council Agenda
October 1, 1996
Page 5
B. Consider approval of a resolution consenting to the
exercise of the power of eminent domain by the Upper
Trinity Regional Water District necessary for the
construction of a regional treated water transmission
supply line in the City of Denton for service to the City
of Corinth and for Lake Cities Municipal Utility
Authority.
11. Consider nominations/appointments to the City's Boards and
commissions.
12. Vision Update
13. Miscellaneous matters from the City Manager.
14. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
15. New Business
This item provides a section for Council Members to suggest
items for future agendas.
16. Possible Continuation of Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVfT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
C E R T I F I C A T E
I certify that the above notice of meriting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of 1996 at o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARYfS OFFICE. ACCOU342
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Agenda Item
. Date
CITY OF DENTON TEVS 0TYWU WEST 221 N. ELM DENTO r, TES 76201, 8r 5fiti-8350 • DFWMETW 4M.2529
Plann{ng and Development Department
MEMORANDUM
DATE: September 26, 1996
TO: Mayor and Council Members
FROM: Frank H. Robbins AICP, Director of Planning and Development
SUBJECT: New, More Restrictive Zoning Standards
Multi-Family Parking
In re-writing the zoning ordinance being considered by Council on October I, it is recommended
that parking for multi-family be changed as follows:
Type Current Standard Recommended
Efficiency 1.25 spaces/unit I space/unit
1 Bedroom 1.5 spaces/unit 2 spaces/unit
2 Bedroom 1.75 spaces/unit 2 spaces/unit
3 or more
Bedroom 2 spaces/unit 3 spaces/uni(
Concern has been voiced, and you will probably hear testimony at the public hearing that for
smaller MF-I tracts, where a small number of units would be built, these new standards
adversely affect the financial viability of the development, because the increased parking will
decrease the number of units that could be built. Investments in land have been made based on
the current parking standards. It has been suggested that existing MF-I zoning be
"grandfathered" and that new standards not become effective for, say a year.
The Council may address this issue a number of ways to include the following:
1) Amend the draft ordinance so that the multi-family parking standards remain unchanged,
eg, retain the current standard. Ask the Planning and Zoning Commission to conduct an in
"Dedicated to Quality Service"
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SEP-26-1996 14:19 CITY OF DENTON PLANNING P.03/03
depth study of this issue and make a recommendation to Council. P&Z is aware of the issue
and is prepared to conduct such a study.
2) Amend the draft ordinance leaving in the current standards and add a phrase that states;
Effective November 1, 1997, multi-family parking standards shall be (as stated in the
draft.)
3) Make no change to the recommendation.
Staff recommends option (1).
School W Church Acce
The draft proposes to require that schools and churches have access to collector streets. It
can be anticipated that some new and expanded schools and churches will have considerable
difficulty with this more restrictive standard.
To address this. Council could simply delete paragraph 35.327 B, on page 239 of the draft.
Sincerely,
Frank . Robbins, AICP
A=Wl"
TnTAL P. 913
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DATE: October 1, 1996
TO: Mayor and Members of City Council
FROM: Ted Senavides, City Manager
SUBJECT: Hold a public hearing and consider adoption of an ordinance amending
the comprehensive zoning ordinance of the City of Denton, Texas.
RECOMMENDATI~N•
Planning and Zoning Commission recommends adoption. (7 - 0)
SUMMARY:
This ordinance will replace the current zoning ordinance. Major Issues
and changes in the new ordinance are summarized in attachment #1.
The major goals of the zoning ordinance rewrite were; (1) to address and
update certain operational concerns and issues with the current ordinance
including development definitions and standards;(2) to review and update
the procedures In the current ordinance , and (3) to provide a
comprehensive and user friendly document which is easier to use.
The zoning ordinance document Is provided to Council In a separate
binder.
BACKGROUND:
City Council appointed the Zoning Ordinance Task Force (ZOTF) In
September, 1990 to undertake a major review and rewrite the City's
zoning ordinance. ZOTF finally completed a draft of the ordinance in
March, 1993. There has been extensive reviews and discussions
(twenty three sessions) of various aspects of the proposed ordinance by
the Planning and Zoning Commission and City Council. The Planning
and Zoning Commission discussed the ZOTF draft In May, August and
September, 1993, and forwarded that draft with a recommendation to
Council. City Council discussed that draft at study sessions in June and
October, 1993. In March, 1995 the City hired legal consultant, Terry
Morgan to review that draft. Morgan Initially presented some major
Issues to the Planning and Zoning Commission on May 31, 1995 and
completed a detailed review in February, 1996. Staff assisted by
Morgan visited with the Commission and City Council at a joint study
sesslon on April 9, 1996 and discussed certain major issues. The
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Commission held four study sessions on the draft ordinance on April 3,
April 24, May 8, and August 14, 1996 and gave directions to staff with
regard to some major issues.
The Planning and Zoning Commission finally held a public hearing and
considered the ordinance on August 28, 1996, and voted 7 - 0 to
recommend approval.
I
I PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Owners and developers of land in the City.
FISCAL IMPACT:
Not applicable.
Respectfully submitted:
f rtw'
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ed Benavides
City Manager
Prepared by.
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Harry ersaud, MRTPI, AICP
Senior Planner
Ap roved:
rank . Robb nqad Director, Plannivelopm ent
ATTACHMENTS:
(1) A summary of changes in the new zoning ordinance
(2) P & Z Minutes
(3) An ordinance adopting the new zoning ordinance
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Attachment #1
A SUMMARY OF CHANGES IN THE NEW ZONING ORDINANCE
A. Table of Permitted Uses:
The following items have been added to the table of permitted uses.(See Sec.
35-15)
• Manufactured housing subdivision
• Group homes Type I, II and III
School, parochial
• Antenna and support structure for amateur radio communication
• Satellite dish
• Golf course, lighted facilities
• Golf course, no lighted facilities
Firearm range, outdoor
Firearm or archery range, indoor
• Archery range, outdoor
• Truck stop
• New or used car sales or rental lot, outdoor
• Recycling collection center for household recyclable materials
• Recycling collection center, public
• Recycling collection center for household metals
• Salvage yard or recycling collection center for industrial metals
(indoor)
• Salvage yard or recycling collection center for industrial metals
(outdoor)
• Steel fabrication and finishing
• Grain storage and milling facility
B. Residential Districts:
1. Three new residential districts have been added.
• Single Family Estate "SF-E" to accommodate low density single
family development with a minimum lot size of 1 acre. (See Sec.
35-20)
• Single Family 3.5 "SF-3.5" to accommodate affordable medium
density housing, allowing small lots, town houses and zero lot line
by right, Minimum lot size of 3,500 square feet. (See Sec. 35-80)
• Manufactured Housing WH" to accommodate manufactured
housing, mobile homes and travel trailer parks. (See Sec. 35-130)
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2. Deleted the mid-point standard for accessory buildings in the residential districts.
Accessory buildings may now be 'dated in the rear of the main building. (See
Sec. 35-321, B)
3. Added new minimum driveway and side setback from a street of 20 feet
perpendicular to a street right-of-way from any structure, building or accessory
building.(See Sec. 35-36, C, 5)
C. Nonresidential Districts:
A new Heavy Environmental Impact (HEI) district has been added. No further
rezoning to the current Heavy Industrial (HI) district will be allowed but existing HI
sites may use those standards for future development. The "HEI" district require
compliance with federal and state regulations before a building permit is issued.
Allows the City to add conditions and restrictions when HEI zoning classification
is to be established adjacent to residential use or district. (See Sec. 35-237, B)
D. Planned Development District: (Sec. 35-310)
1. If Council reviews a detailed plan, a development plan must also be submitted
in order to
(a) clarify the difference between legislative and non-legislative action-- AM
(b) if a detailed plan expires, an approved development plan has alre, heen
approved to enable the Commission only to consider a new detailed plan.
2. Legislative discretion of Council is made clear.
3. Plan approval criteria is added.
4. Separation of information to be provided on a plan that would be adopted, and
information that must be submitted for evaluation purposes, but is not adopted.
E. Special districts:
Allows the City to prepare special regulations for special places. (See Sec. 35-
239)
F. Supplemental Regulations:
1. New regulations have been added for antennas, satellite dishes and support
structures. These are consistent with the recent Federal Communication
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Commission exemption requirements. (See Sec. 35-322)
2. New regulations have been added for recycling collection centers. Four
categories are defined.(See Sec. 35-326)
3. Special access regulations require churches, monasteries, convents, schools,
fire stations and similar public safety buildings to have direct access to no less
than a collector-size street. (See Sec. 35-327)
4. Three categories of group homes are definr,J. Type I is permitted by right in
all residential districts. (See Sec. 35-16)
5. Updated parking standards have been incorporated in the ordinance including
new parking requirements for multi family developments. (See Sec. 35-332)
-1.25 space for efficiency unit reduced to 1 space.
-1.50 space for each one bedroom unit and 1.75 space for each 2
bedroom unit has been changed to 2 spaces for both one and two
bedroom units.
- 2 spaces for each three bedroom unit and larger has been changed to 3
spaces.
6. Now handicap parking requirements consistent with the American with
Disabilities Act. (ADA) (See Sec. 35-333)
7. New shared parking methodology allows mixed uses to calculate parking
requirements based on timing of activities. (See Sec. 35-334)
8. Parochial schools have been added and treated the same way as public
schools. (See Sec. 35-15)
9. The development standards, permitted uses and uses permitted with a
specific use permit have been reformatted for all the districts.
10. Defined terms in Article II and the supplemental regulations in Article VI are
cross referenced through out the ordinance.
11. Provides for the Planning and Zoning Commission to approve of varying lot
dimensions with a plat. (See Sec. 35-393)
12. Provides for the discontinuation of a non-conforming use which has been
abandoned for six months or more. The Board of Adjustment may grant an
exception to this provision only if the owner can demonstrate that there is no
intent to abandon tho use even though the use was abandoned for six months or
more. Adds new requirements for determination of abandonment. (See Sec.
35-11, G)
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13. Group homes are Included in accordance with the latest Federal law.
14. Nev; lighting standards added for developments adjacent to a residential use
or district.
G. Procedures:
1. Provides that no petition for a zoning change shall be heard for a particular
parcel within twelve (12) months, if a petition for the change has been withdrawn
after the Commission held a public hearing and recommended denial. (See Sec.
35-350. B, 6)
2. Provides that a petitioner for a zoning change may apply directly to the
Planning and Zoning Commission. (See Sec. 35-350, A)
3. SUP approval by City Council has no super majority rule since SUP is not
considered a zoning change. The zoning map will show the current zoning
district classification of the specific tract. (See Sec. 35-374, 3)
4. The chairman of the Board of Adjustment has been delegated the authority
to request alternate members to serve. (See Sec. 35-381, b)
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ATTACHMENT 2
P&Z Minutes
August 28, 1996
Page 12
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
Recess at 6:25 p.m.
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Reconvene at 6:40 p.m.
X, Hold a public hearing and consider making a recommendation to the City Council with regard to
adoption of the new zoning ordinance.
Ms. Russell opened the public hearing.
Mr. Persaud: In 1990 the City Council appointed a zoning ordinance task force to undertake a major
review and rewrite of the city's zoning ordinance. The task force spent about three years with the
staff working together on that rewrite. They came up with some major ideas, the MXD included.
In March of 1995 Council hired a consultant to do the legal review of what the task force and staff
came up with. We have done a lot of background work on this with you all in study sessions. We
final have a draft that the legal consultant is comfortable with. You have given direction to the staff
regarding major issues. At your August 14th meeting Frank addressed the issue of parochial schools.
That was an issue that the consultant felt we needed to change due to some federal religious freedom
acts. In our staff report we outlined the major changes have been incorporated in this draft. We feel
that this is the draft that we want to bring before you and to recommend for adoption by City Council.
We are hoping to take this draft to Council by October 1 st. We have outlined in the staff report all
of the changes to the table of permitted uses, residential districts, non-residential districts, the
situation with the HEI and the H1. After the effective date of this ordinance no further rezoning will
be allowed in the HI district. We did visit with the owners of property that is currently zoned HI,
Trinity Industries, Morrison Milling, and Acme Brick. We visited with them to let them know about
the changes that will be taking place and got their input into the ordinance. We got some input as far
as what they were using their land for. We also worked through any problems that they might have.
Acme Brick has a truck shop as part of their operations so we incorporated that into the table of
permitted uses for the HEI district. We have done some special districts and there are some
supplemental regulations and they are listing in your backup.
Mr. Cochran: I missed the last meeting and I read the minutes but I did not understand what you
arrived at. Can you define parochial for me and tell me what you decided?
Mr. Persaud: It is defined in the ordinance on page 39 under schools, the difference is that a
parochial school is controlled and supported by a church. The consultant was concerned about the
Religious Freedom and Restoration Act of 1993. That act limited governmental powers in restraining
churches and organizations that they control. In the original ordinance we were treating church
schools as private schools and they were not allowed in the residential districts. Public schools are
allowed in the residential districts. The consultant's concern, is that he thought we should allow the
same treatment of parochial schools as we do public schools. What we have done is added a category
for parochial schools and treated the same way in the ordinance as we do public schools.
Mr. Cochran: So a church school will not have to get a specific use permit to go into a residential
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neighborhood?
Mr. Persaud: That is correct and that is shown on the table of permitted uses.
Mr. Cochran: I can see some problems with that.
Mr. Persaud: Staff was reluctant to make this change without coming to the Commission and if we
did not make this change then we would be leaving the city open to some legal problems.
Mr. Cochran: I am not necessarily opposed to this but 1 feel that getting a specific use permit puts
everything out in the open to be seen.
Mr. Drake: Basically under the Religious Freedom and Restoration Act it is just to make sure that
religious institutions are not disadvantaged by the state because of their religious status. An
alternative would have been to make public schools get a specific use permit. What the consultant
was concerned about was that we not have a different standard for public schools and parochial
schools.
Mr. Cochran: It seems to me that you have created a different standard for private schools and
parochial schools. In fact you have given the parochial school pretty much carte blanche to be able
to go into any zoning area that they want without any type of approval. You have not necessarily
rectified an injustice against them, but what you have done is to give them rights and privileges that
other private entities don't have. As a community it seems like it is not an unreasonable thing to want
to look at traffic and parking.
Mr. Persaud: The ordinance does provide for special access regulations for churches and if they are
going to do a school they will have to meet the parking requirements of the ordinance. There are
some controls in there. The church would also have to have direct access to a collector street.
Ms. Russell: Do I understand that this summary of changes applies to this?
Mr. Persaud: Yes.
Ms. Russell: I appreciate it being presented that way. Can you give me an example under special
districts, allows the city to prepare special regulations for special places?
Mr. Persaud: If there is a neighborhood, such as the Dallas Drive neighborhood, if we want to make
a special district in that area then all we have to do is define it and come up with some special land
use regulations to protect those homes in that area. Another example would be if we wanted to mark
off a corridor on 1.35 and say that we are concerned about the way the entranceway looks to the
public and we want to encourage and promote some special type of development along there then we
could mark that off and come up with some special land use conditions such as height restrictions,
setback restrictions, that kind of stuff. It allows us to address specific planning issues in specific
neighborhoods or areas of the city.
Mr. Powell: 1 have noticed in the Commercial District, apartments are not an allowed use but
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August 28, 1996
Page 14
rooming houses, dormitories, boarding houses, group homes, and dance halls are permitted. I see
no logic to that.
Mr. Persaud: In 1985 the city was concerned about multi-family development taking place
indiscriminately in areas zoned LI, C, and GR. We were concerned from the standpoint that in those
years there was a proliferation of apartment units in the city. There were something like five
thousand units between 1982 and 1986 in the city. In those days we had a cumulative zoning
ordinance. In 1985 we did away with cumulative zoning. You could not do any residential uses in
a non-residential districts. The boarding house and rooming house are things which are done for a
fee, they are like hotels and motels.
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Mr. Powell: Group homes are residential, there is no other way to look at them. Dormitories and
boarding houses are residential. You are saying that it can't be done if it is a four plex but it can be
done if it is a dormitory. It doesn't make sense to me.
Mr. Persaud: If someone has land that is zoned Commercial or General Retail and they want to do
multi-family, it is generally easier to get the property rezoned because you are downzoning.
Mr. Powell: What I am saying is that if group homes and boarding houses and dormitories are
allowed then why not allow a four plex.
Mr. Robbins: One of the theories behind the separation of multi-family from residential is that it is
a problem for the residential to be in there with some of these other uses. You are protecting the
residential.
Mr. Powell: I have a personal interest because 1 have a four plex that if it bums down I can't rebuilt
it and that bothers me.
Mr. Persaud: Many complexes in the city that were built on land that was zoned C, LI, or GR, they
are non-conforming uses today. Many of them have come in because of refinancing and rezoned,
Mr. Powell: Why does someone that has an apartment have to go through the rezoning and someone
that has a group home, boarding house, or dormitory does not have to?
Mr. Robbins: The group home issue is a federal issue. The boarding house is largely the bed and
breakfast kind of thing. I understand the point that you are making. In the past the characteristic is
that the folks are in and out more, and there is a difference in the way that they are being fed. In an
apartment complex the folks are there and they live there for a while. The boarding house, the folks
are in and out a little bit more. There is a difference in the characteristics. The dormitory distinction
has to do with the characteristics of the people that will be in the dorm. This is the way that it has
been since 1969.
Mr. Persaud: When we did away with cumulative zoning we put a grandfather clause in there for
five years. What we didn't do was to do a city initiated zoning change to put the existing apartments
into the correct zoning. In the future what we might want to do is to do a city initiated zoning
change.
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P&Z Minutes
August 28, 1996
Page 15
Ms. Gamer: 1 would like to say that 1 think the updated parking standards where it goes from 1.5
to 2 parking spaces is good. One of the main complaints that we have at the apartments is that there
is not enough parking, I am glad to see that in there.
Ms. Russell: Is there anyone that would like to speak in favor? Is there anyone to speak in
opposition? We will close the public hearing. Any final remarks?
Ms. Schertz: Were the members of the zoning ordinance task force notified of this?
Mr. Persaud: No they were not. We can notify them of the public hearing when it goes to City
Council if you would like.
Mr. Cochran: 1 think that all of the major issues have been worked ou,. I think that everyone that
had an interest in this is still involved in the community and when this goes to the next stage 1 think
they will have an opportunity to voice their opinion.
Mr. Rob Rayner: I would just like to see these recommendations go forward to the Council.
Ms. Schertz: 1 would like the members of that group to be notified if at all possible.
Mr. Powell: I move that we make the recommendation to the City Council to adopt the new zoning
ordinance as amended to allow the continuation of existing multi-family dwelling uses in Commercial
and Light Industrial zoning.
Msr Russell: Motion dies for lack of a second,
Mr. Cochran: I think this is a good document, but 1 am still concerned about religious schools in
residential neighborhoods. I move that we approve and send it on to the City Council as it is
presented to us here.
Ms. Schertz: Second.
Ms. Russell: Any further discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0) Can we ask that these two areas of concern be noted when it is presented to
Council, both Mr. Cochran's about the parochial school, and Mr. Powell's? If you can just fill them
in about what our concerns were.
S Mr. Robbins: Okay.
301. Director's Report.
• Minor amendment to detailed plan re: Cooper Glen Apartments #2.
Mr. Robbins: Cooper Glen Apartments is the complex that is being built out on North Locust and
they removed two protected trees without a permit. We asked them to replace those with four trees
for each that the removed. Also their landscape plan is somewhat different from what the Planning
IO•
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96=oring.ord
ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY NOT TO EXCEED
$2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Chapter 35 of the Code of Ordinances of the
City of Denton, Texas is hereby amended by substituting the
language contained within Exhibit 1, attached hereto and incorpo-
rated herein by reference.
SECTION II. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the valid-
ity of the remaining portions of this ordinance, and the City Coun-
cil of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTI N III. That 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 IV. That this ordinance shall become effective four-
teen (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, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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ns'c: ~y
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APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
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SEP-26-1996 14:10 CITY OF DENTON PLANNING P.02/22-
~p~i,d~ Na, ~
Apends Item
Date Ad-
DATE: October 1, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
i
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance rezoning 200.4 acres from
Planned Development 103 (PD-103) to the Single Family 16 (SF-16) zoning
district. The subject property is located on the west side of Teasley Lane,
between Hobson and Londonderry.
WOMMEhWAUQN:
The Planning and Zoning Commission recommends approval of the request, six in favor,
none opposed (6-0).
SUMNAU:
The rezoning fs a technical requirement to allow a school to be built. No housing
units will be built by the city or the school district. The property is now zoned PD-103
which does not allow a school. Schools and parks are permitted uses in SF-16.
See Planning and Zoning Commission Report.
PROG
OUPS AFrn•
Not applicable.
FJscal Impact:
None.
Respectfully submitted:
eT d Benavides
City Manager
TnT[v o of
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Prepared by:
Walter . Aeeves, Jr., AI
Urban Planner
Approved:
Frank Robb , AICP
Director
Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance.
Attachment #3: Draft minutes of the September 11, 1996, P & Z meeting.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: October 1, 1996
Subject: Z-96-033
GENERAL INFORMATION
Applicant: City of Denton
215 E. McKinney
Denton, Texas 76201
Owner: Same as above
Action: Rezone 200.4 acres from Planned Development 103, to the Single
Family 16 (SF-16) zoning district.
Location: The subject property is located on the west side of Teasley Lane,
between Londonderry and Hobson. (See Attachment 1)
Surrounding Zoning and Land Use:
North: Mixture of commercial and multi-family uses in a variety of
zoning districts.
South: Single family residential use in the Single Family 16 (SF-16)
zoning district.
East: Multi-family use and zoning at the north, single family
residential use in the Single Family 10 (SF-10) zoning
district south of the multi-family. {
West: Acme Brick.
Denton Development Plan: Low Intensity Area #81 (117% allocated).
SPECIAL INFORMATION
The subject property is currently the site of South Lakes Park and is unplatted.
Approximately 8,65 acres of the 200.4 acre total will be exchanged with the Denton
Independent School District for property adjacent to Evers Park. The 6.65 acres will
require platting before building permits could be Issued. Access to the proposed
school will be taken from Londonderry Lane by way of Jason Street, and a driveway
on the western end of the proposed school site.
BACKGROUND
The subject property was originally placed In the Agricultural (A) zoning district by
Ordinance 69.01, which adopted a new zoning ordinance and map for the City of
Denton.
Page 1
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September 3, 1985
The property is rezoned from the Agricultural (A) zoning district to Planned
Development 103 (PD-103) (Attachment 2).
The reason for this request is straightforward. The City of Denton is currently
operating and developing South Lakes Park on this site. DISD has apparently decided
on an 8.65 acre location at the northern end of the park as the site for a new middle
school.
However, for DISD to develop the 8.65 acres as a middle school, a rezoning to a
district permitting a school would be necessary. To reduce the complexity of the
process of park development, the Parks Department has decided to rezone the
entirety of the acreage from the no longer valid PD-103, to the Single Family 16 (SF-
16) zoning district. Both a park and a school are "by-right" permitted uses in the SF-
16 zoning district, and neither require any further development review except as it will
relate to platting the school property, and obtaining building permits.
N TIC
Sixty (60) notices were mailed on August 30, 1996. Two replies were received in
favor, and four were received in opposition,
ANALYSIS
Denton Development Plan
Policy Analysis Summary
Low Intensity Area Z-96-007
Development Ratlny VS Policy
POLICY COMMENTS egreumry ewn."mM cenq,r"d
intmWlrant s+eon-tst«,t
To be consistent with the Plan, a Allocated Intensity. 12,024 intensity trips.
development should not exceed Its Proposed Intensity . 6,480 Intensity trips, x
allocated intensity.
Strict site plan control within 1,600 No site plan proposed. There Is low density
feet of oxlsting low density rasidantial use within 1,600 feet x
residential.
Traffic design to ensure that Mulb. The parKs primary access is from Hobson,
Famiy or Non~Resldential uses have wfilch is classified as a secondary arterial.
access to collectors or larger The school will have primary access from a x
arterials with no direct access stub our of Jason Streal, which oonnects
through residential streets. with Londonderry which is dasWed as a
collector,
sumclent green space, recreationat NA.
facilities and diversity of parks are x
provided.
Page 2
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input into planning by neighborhood No neighborhood meeting has been held.
associations and councifs is
encouraged. X
Nel9htwrhood service center NA,
concentration x
Nonres dential +A mile sepuraton NA
Any fo x
rm of continuow strip NA.
commercial development is strongly
discouraged In or near low Intensity x
areas
Lillian Miller Spe to like Ana olicha. Given Uw prominence of the Sourn East AlanNng Area and ft lforoughfars network in
that sector there ere ty b be pressures to krcats high to moderate Intensity land uses at" Teasley Lane, FM 2181, Ulllan
Miller Parkway, Hobson Lane, I-SSE, and between Loop 288 and Lifffan Miller. These pressured are hkety to Increase as FM
2181 Is developed as a primary arterial and extended further south to uftfmately connect wish 81e OFW Airport.
The policy of this Plan therefore Is to restrict the further Intrusion of high and moderate Intensity land uses In this area. Limited
rclghborhood services and high density housing consistent with the standards for a low Intensity area, are not prohibi0ad, Tho
following specific guidelines are required
The no ghborhood densityrintensity The proposal meets intensi
standards should be closely intensity policy.
monitored and vlgorou sly x
imr,iemented.
Restrict curb outs to Tessfay Lane, The proposal meets this
FM 2181, Lillian Mile r, and Hobson policy
'
Lane, X
Residential subdfvlsions should be NA
generally designed so houses do not
face onto major thoroughfares,
These should axes$ onto iocal and
collector streets. X
Through ball c to OFW. NA
X
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this rezoning (6-4).
ALTERNATIVES
1. Approve as requested.
2• Approve with additionaVother conditions.
3. Deny.
4. Postpone consideration.
ATTACHMENTS
1. Location reap.
Page 3
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ATTACHMENT-1
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ATTACHMENT 2
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT 103 (PD-103) ZONING DISTRICT CLASSIFICA-
TION AND USE DESIGNATION TO THE SINGLE FAMILY 16 (SF-16) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 200.4 ACRES LOCATED
ON THE WEST SIDE OF TEASLEY LANE, BETWEEN LONDONDERRY LANE AND
HOBSON LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Denton has initiated a change in zoning
for 200.3908 acres of land from the Planned Development 103 (PD-
103) zoning district classification and use designation to the
Single Family 16 (SF-16) zoning district classification and use
designation; and
WHEREAS, on September 11, 1996, the Planning and Zoning Com-
mission recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the zoning district classification and use
designation of the 200.3908 acres of land described in Exhibit 1,
attached hereto and incorporated by reference, is changed from
Planned Development 103 (PD-103) zoning district classification and
use designation to the Single Family 16 (SF-16) zoning district
classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas.
SECTION Ii. That the City's official zoning map is amended to
show the change in zoning district classification.
SECTION III. That 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 IV. That this ordinance shall become effective four-
teen (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.
PAGE 7
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o:
PASSED AND APPROVED this the
day of
1996.
JACK MILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM;
HERBERT L, PROUTY, CITY ATTORNEY
BY: - 7 i
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LEGAL DESCRIPTION
All that certain tract or parcel of land situated in the C. Poulialier Survey, Abstract No.
1007 and the S.C. Hirams Survey, Abstract No. 616, in the City of Denton, Denton
County, Texas and being part of a certain tract described in deed from Mrs. M.
Saunders, Executrix, to Joe Hobson, recorded in Volume 351, Page 545, Deed
Records, Denton County, Texas, and being more particularly described as follows:
Commencing at the southeast corner of the C. Poullalier Survey, abstract No. 1007;
Thence N81047'20'W for a distance of 303.11 feet to a 1/2 inch iron rod found for
corner, said point being in the north right-of-way line of Hobson Land (80 foot R.O.W.),
said point also being the POINT of BEGINNING;
Thence N89445'13'W, along said north right-of-way line for a distance of 2371.94 feet
to a 1/2 inch iron rod found for a corner;
Thence N00°38'17'E, leaving said north right-of-way line for a distance of 1746.58 feet
to a 5/8 inch iron rod found for corner,
Thence S89°26'S0'E for a distance of 1213.79 feet to a found fence corner;
Thence N00°37'33'E for a distance of 3174.22 feet to a 1/9 inch iron rod found for
corner,
Thence S89021'05'E 1354.16 feet to a 5/8 inch Iron rod found for a corner, said point
being in the west right-of-way line of Teasley Road (90 foot R.O.W.);
Thence S00000'251W, along sald west right-of-way line for a distance of 3805.69 feet
to a Vx inch iron rod found for corner, said point being the point of curvature of a non-
tangent curve to the left whose center bears N89028'41 'E, having a radius of 1190.92
feet, a central angle of 15°4742', a tangent of 165.20 feet and a chord bearing of
S08°25'1 0'E;
Thence along said west right-of-way line and along said curve to the left for a distance
of 328.31 feet to a 3/8 inch iron rod found for corner;
Thence 800033'07'E for a distance 77.40 feet to a 5/8 inch iron rod found for corner;
Thence N89°44'28'W for a distance of 299.52 feet to a 1/2 inch iron rod found for
corner;
Thence S00°06'26'E for a distance of 698.19 feet to the POINT OF BEGINNING;
CONTAINING 8,729,022.26 square feet or 200.3908 acres of land, more or less.
PAGE 9
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ATTACHMENT 3
P&Z Minutes
September 11, 1996
Page 6
condition to allow for accessory buildings and just remove the square footage requirement. At that
point in time I was not aware that there were some variances that were granted on the plat on the basis
of there being a limited number of buildings on the property. Therefore my recommendation is to
approve it, and to amend the ordinance to read "for accessory buildings not to exceed a thousand
square feet." That thousand square feet, based on the average of these two buildings, would allow
two more buildings. Any more than that would require the owner to come back and go through this
process again.
Ms. Russell: Would the petitioner care to speak?
Mr, Mike Baitup: My name is Mike Baitup and I am with Hennessey Engineering. In the
communications industry a lot of these towers are leased out to different providers of services and
they are really protective about their buildings and their equipment. The building for this site will
be prefab on a slab. I have talked to the owner, Denton Tower Inc, and they have no problem with
limiting the square footage to one thousand square feet. This is a very wooded site and it can not be
seen from the road.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition
to the petition? We will close the public hearing. Any final remarks?
Mr. Reeves: In the motion you will note that 1 made a point to say that this was limited to
unoccupied buildings.
Mr. Cochran: I move that we recommend that ordinance 92-203, Section 111, condition 2 be amended
to read as follows "the use of Lot 1, Block A is limited to a four hundred and forty-nine foot
communication tower and unoccupied non-residential accessory buildings housing equipment for the
tower not exceeding one thousand square feet."
Ms. Gamer: Second. {
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
VI. Hold a public hearing and consider a request to rezone 290.4 acres from Planned Development 103
(PD-103) zoning district to the Single Family 16 (SF-16) zoning district. The subject property is
located west of Teasley Lane, north of Hobson and south of Londonderry. (Z-96-033)
Ms. Russell opened the public hearing.
Mr. Reeves: This was initiated by the Parks Department to rezone from PD 103 to the Single
Family-16 zoning district. The School district has been looking at a site at the north end of the park
for a middle school and has decided on this site. The Parks Department is in the process of swapping
some land at the north end of this property to the School District for some property the School
District has adjacent to Evers Park. This PD doesn't allow for schools. The School District was
going to have to rezone it. The Parks Department decided to rezone the entire piece of property to
SF-16 because a park is a permitted use, and it is a lot easier to do a park in a straight zoning district
PAGE 10
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September 11, 1996
Page 7
than in a Planned Development. We sent out sixty notices. We received four replies in opposition
and two in favor. I did not talk to those that were in opposition. 1 talked to about twenty to thirty
people about this site and after explaining that it would still be a park they understood what was
happening. Staff recommends approval.
Mr. Ed Hodney: My name is Ed Hodney and I am the Director of Parks and Recreation. The site
for the school will be roughly 8.57 acres. I too have been talking some calls concerning this. Once
I explained that the city was facilitating the construction of a joint school district, city park
development project, pretty much every response 1 received was favorable. i took about ten calls and
I know my staff took calls also. We do have a record of those calls.
Mr. Cochran: ',hat type of cooperation is taking place? Is the city planning on making any
improvements to the area adjacent to the school that would be for the benefit of the school?
Mr. Hodney: The school district will be constructing their athletic fields and tennis courts on the park
land and they will be available to the public for use when not used by the school. In addition, phase
2 of South Lakes Park will pretty much complete the two hundred acre development. What this
project is allowing us to do is to stretch those bonds that we have for the 97198 year. It is a very
positive project for us. We will have access to a gymnasium to program after-school, week-ends, and
vacations as well.
Ms. Ganzer: I was reading this one letter in opposition and if 1 remember correctly, that was a
floodpWn and there are a lot of drainage problems. Have those problems been addressed and taken
care oft
Mr. Hodney: They are being addressed and they will continue to be addressed. As part of phase 1
construction we have constructed a retention or detention pond on the creek. The master plan calls
for the construction of two additional lakes. One of those is paid for in the CIP and the engineering
is currently underway. The desire here is to try to time the construction of the second lake, which
will be in the area of the new school, along with the construction of the new school so that all of that
gets dealt with at once.
Ms. Russell: As a taxpayer I think it is just wonderful that you would collaborate so that we don't
duplicate things. I know we need athletic fields as a city and I know that the school can use the land
that is around them. I think that is such a great idea.
Mr. Hodney: There is some exchange of land that has to take place by state law. There are some
properies that have been offered and we are looking at those.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition?
Mr. Jerry Yensan: My name is Jerry Yensan and I live at 1113 Bishop's Park. I just have a
question. I am not opposed to this at all. If the whole thing is changed to SF-16 and ten years from
now some administration decides to sell off some of the land, would there have to be a public hearing
to do that?
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September 11, 1996 I .
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Mr. Hodney: Yes there would have to be a public hearing. If we were selling it off for private
development there would have to be a public referendum by state law. There are a number of
obstacles to do that.
Ms. Russell: Is there anyone to speak in opposition? We will close the public hearing. Any final
remarks?
Mr. Cochran: I move we recommend approval of this request to rezone 200.4 acres from PD 103
to the Single Family-16 zoning district.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
VII. Hold a public hearing and consider the preliminary and final replats of Lots 8A, 8B and 7R, Block
2, of the College Beauty Addition. The subject property is located on the east side of Rose Avenue,
160.60 feet south of Paisley Street.
Ms. Russell opened the public hearing.
Mr. Reeves: This is a replat of Lot 7 & 8, Block 2 of the College Beauty Addition into three lots for
Habitat for Humanity to build three houses. All replats are public hearings and in the case of a
residential replat we also have to do notice. We had one notice in favor and one that was opposed.
As there are no variances associated with this plat so it doesn't really matter if they are opposed or
not. The preliminary and final plats that you have here tonight meet all of our requirements and as
our city ordinances state, and state law states, you are required to approve them if they meet all of
our requirements. This is a Single Family-7 zoning district. The minimum lot width is sixty feet and
the three proposed lot widths are approximately 44.3 feet. Habitat went to the Zoning Board of
Adjustment in January of this year and got a variance of the minimum lot width for that. The normal
side yard setback is six feet and the side yard on these lots is 4.5 feet and our zoning ordinance does
have a provision that allows the side yard to be ten percent of the lot width. All of the side yards
meet our requirements. All of the other aspects of the lots are in compliance with our ordinance.
DRC recommends approval of the preliminary and final replats.
Mr. Gordon Meredith: My name is Gordon Meredith and I represent Habitat for Humanity. There
is a need for affordable housing in Denton. Habitat for Humanity is a Christian based ecumenical
housing ministry that forms partnerships with families in need to meet that need. We recently
purchased the property on Rose Street. One of the lots was extremely wide, eighty-five feet, and the
other was fifty feet. In order to build a more reasonable number of homes for families in need we
decided to replat it into three lots so that we would get one additional lot. That has several benefits
to our families since all of the labor is a gift and some of the materials are also a gift. The final price
of the home to the family is largely based on the price of the land and those materials that habitat has
to pay cash for. The family pays that back over twenty years on an interest free note.
Mr. Cochran: How many houses have you built in Denton?
PAGE 12
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Awda Nd.
Agonda Item
DATE: Date 4 "
lum
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance and Detailed Plan
rezoning 1.511 acres from the Single Family 7 (SF-7) zoning district to a
Planned Development (PD) zoning district. The subject property is
located on the west side of Mingo Road, approximately 200 feet south of
Withers.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request, six
in favor, none opposed (6.0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND.,
See Planning and Zoning Commission Report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT-
None.
Respectfully submitted:
Ted Benavides
City Manager
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Prepared by:
Walter . Reejes, Jr., A CP
Urban Planner
Approved:
Frank Robbi , AICP
Director
Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance.
Attachment #3: Draft minutes of the September 11, 1996, P & Z meeting.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: October 1, 1996
Subject: Z-96-030
GENERAL INFORMATION
Applicant: Mr. Marvin Morgan
1704 Lynhurst
Denton, Texas 76201
Owner: Lake Cities Congregation of Jehovah's Witness
2601 S. Mayhill Rd. #129
Denton, Texas 76208
Action: Request to rezone to a Planned Development, and approval of a
detailed plan for 1.511 acres currently in the Single Family 7 (SF-
7) zoning district.
Location: The subject prol arty is located on the west side of Mingo,
approximately 200 feet south of Withers.
Surrounding Zoning and Land Use:
North: Residential use in SF-7 zoning, and apartments in MF-1.
South: Office use in GR zoning
East: Railroad.
West: Residential use in SF-7 zoning, and apartments in MF-1.
Denton Development Plan: Moderate Intensity Area #50 (35% allocated).
SPECIAL INFORMATION
The subject property is already platted. Sidewalk will be constructed along the Mingo
Road frontage, and site drainage will be discharged to the storm sewer along Mingo.
An easement dedication will be required around the 'new' fire hydrant location, and an
electrical easement is in the process of being abandoned.
BACKGROUND
The subject property was placed in the Multi-Family I (MF-1) zoning district by
Ordinance 69-01 which adopted a new zoning ordinance and map for the City of
Denton.
July 8, 1982
The City Coui,cil approves an ordinance rezoning the subject property and other
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acreage from the Multi-Family 1 (MF-1) zoning district to Planned Development 40.
April 3, 1990
The Council approves Ordinance 90-049 rezoning the subject property from PD-40 to
the Single Family 7 zoning district.
NOTICE
Twenty-four (24) notices were mailed on August 30, 1996. Three replies have been
received, all in favor.
ANALYSIS
This request is for a proposed second phase of the Bellmere Apartments.
Denton Development Plan
Policy Analysis Summary
Moderate Intensity Area
Devetopmsnt Rating VS Policy
POLICY COMMENTS s+rokonro SamrW r cena.tem
hConW r.r kx uteri
To be consistent wfth the Plan, a Allocated Intensity. 529 Intensity trips,
development should not exceed Its Actual Intensity . 288 intensity trips. X
allocated Intensity.
Moderate Centers are located at the Designated a Moderate Activity Center by line
intersection of two primary arterials Denton Development Man. X
and at strategic locations abutting a
freeway and are spaad
approximately a mile apart. These
centers ate a maximum of 60 acres,
Diversity: Land use diversity shall Mulb-family use Is a use other than the ones
be defined as uses otlUr than the listed under the poky.
dominant lend uses in the area such X
as commercial, retail, 1119hi Industrial
and office.
Diversity Bonus: An intensity bonus Not applicable,
for mixed use developments that X
include public or non-profit
community type facilities or uses.
Commerclaltrstall limited to 1/3 of Not applicable.
the total acreage of fine cents r, X
High Density Housing
Trensftion bWtwesn land uses. Adjacent to other apartments. X
Access to arlanal streets. Access through exist apartments to Wthers. X
Concentration of 750 units. 676 muitidamity units In intensity area. X
112 mile separation, Apartments dredy to northwest X
Site design. Detail plan will be required, X
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Low density residentat areas should Detail Plan wls be requlred.
be protected by strict site design X
control with setbacks, parking,
buttering. and landscaping
requirements,
Strip Commercial: The intent of the Not Applicable.
Plan Is to encourage centers of
activities and to discourage strip X
Commercial.
Location of Proposal In relation to Public facilities available to property.
existing or proposed public facilit es, X
equ re on eta a an: '
1. Acreage. The acreage in the plan as shown by a survey, certitiad by a
registered engineer.
The subject property is already platted.
2. Land Uses. Permitted uses, specified in detail as determined by the
department, and the acreage for each use.
Proposed (and use is for apartments.
3. Off-site Information. Adjacent or surrounding land uses, zonings, streets,
drainage facilities and other existing or proposed off-site improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to surrounding properties, uses and facilities.
Provided.
4. Traffic and transportation. The location and size of all streets, alleys, parking
lots and parking spaces, loading areas or other areas to be used for vehicular
traffic; the proposed access and connection to existing or proposed streets
adjacent to the district; and the traffic generated by the proposed uses.
Provided.
5. Buildings. The location, maximum height, and minimum setbacks for all
buildings, and if nonresidential, the maximum total floor area.
Provided.
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s• Residential development. The number location, ,
minimum setbacks, the number of dwellingunits,and number ofnuntslper acre
density.
Provided.
7• Water and drainage. The location of all creeks, ponds, lakes, floodplains or
other water retention or major drainage facilities and improvements.
Provided.
8• Utilities. The location and route of all major sewer, water, or electrical lines
and facilities necessary to serve the district.
Provided.
9• Trees and landscaping. The location of all protected trees and a landsca e
plan as required by the city's landscape ordinance. p
Provided.
10, Open space. The approximate location and size of greenbelt, open, common,
or recreation areas, the proposed use of such areas, and whether they are to
be used for public or private use.
No open space proposed.
11. Screening. The location, type, and size of all fences, berms, or screening
features proposed between different land uses or adjacent properties.
A 6' wood fence is proposed around the property, with the preservation of
existing vegetation along the west and north property lines.
12. Signs. Location, type, and size of all signs regulated by the City's sign
ordinance.
No signs are proposed.
13. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian
or bicycle use.
A 4' wide sidewalk is shown along the Mingo Road frontage.
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F NDATION
g and Zoning Commission recommends approv
al of this request (6-o).
NES
ve without conditions.
ve with conditions.
one consideration.
NTS
1• Detailed plan.
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J:\WDOCS10R0\2.96.030
ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION BY APPROVING A DETAIL PLAN FOR
THAT PLANNED DEVELOPMENT FOR 1.511 ACRES OF LAND, DESCRIBED AS LOT
2R, BLOCK A, BELL PLACE ADDITION, LOCATED ON THE WEST SIDE OF MINGO
ROAD, APPROXIMATELY 200 FEET SOUTH OF WITHERS ROAD; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mr. Marvin Morgan, on behalf of the Lakes Cities
Congregation of the Jehovah's Witnesses, initiated a change in
zoning by applying for approval of a detail plan for 1.511 acres of
land described as Lot 2R, Block A, Bell Place Addition, from the
Single Family 7 (SF-7) zoning district classification and use
designation to a Planned Development (PD) zoning district classifi-
cation and use designation; and
WHEREAS, on September 11, 1996, the Planning and zoning com-
mission recommended approval of the requested change in zoning and
approval of the detail plan; and
WHEREAS, the City Council finds that these changes in zoning
will be in compliance with the Denton Development Plan; NOW,
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 1.511 acres of land described as Lot 2R, Block
A, Bell Place Addition, is changed from the Single Family 7 (SF-7)
zoning district classification and use designation to a Planned
Development (PD) zoning district classification and use designation
by adopting the detail plan, attached hereto and incorporated
herein as Exhibit 1 for all purposes, in accordance with Division
2 of Article IV of Chapter 35 of the Code of Ordinances.
SECTION II. That the provisions of this ordinance as they
apply to the 1.511 acres described as Lot 2R, Block A, Bell Place
Addition govern and control over any conflicting provision of
ordinance No. 69-01 or its amendments, and the City's official
zoning map is hereby amended to show the change in zoning district
classification.
SECTION III. That 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.
PAGE 9
SECTION IV- That this ordinance shall become effective four-
teen (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
1996.
I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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P&Z Minutes ATTACHMENT 3
September 11, 1996
Page 4 I~
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Mr. Reeves: This site is forty-two acres and the intensity would depend on the type of Light
Industrial use and the size of the buildings. Asa comparison, a multi-family unit generates eight trips
willPlanhave aroundthat
per day, so for eight hundred units you hundred and fifty trips per acre. I
Industria! use the Denton Development
assignssevenatthousandsix trips per day. For the Light
think there is also a number based on the square footage,
is around a hundred so much per thousand square feet, which
.
Mr. Robbins: The Light Industrial zoning district allows all of the non-residential uses up to light
industrial use to include those uses that generate the most traffic like a big Wal-Mart. That will
generate more traffic per square foot than almost anything and that is allowed in a Light Industrial
zoning district. Multi-Family is a less intense, it generates less traffic than the uses that would be
allowed in Ll.
Ms. Russell: What is the required parking for something like this?
Mr. Reeves: For a Multi-Family one bedroom unit our ordinance requires one and one half spaces.
For a two bedroom unit our ordinance requires one and three quarters spaces. For a three bedroom
or larger unit our ordinance requires two spaces. For an efficiency unit it is one and one quarter
spaces.
Ms. Russell: So he is really exceeding the required spares by having two spaces per unit.
Mr. Cochran: It is rare to see an apartment complex that looks like a great thing to me and this one
is really one of the best that I have seen come before us. It is also nice to see three bedroom
apartments for families. I plan on voting in favor of your proposal.
Ms. Gamer: I move we recommend approval of this request to rezone 42.815 acres from the Light
Industrial and Agricultural zoning districts to the Multi-Family-I zoning district.
Mr. Cochran: I'll second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. Approved. (6-0)
F. iiV• Hold a public hearing and consider a request to rezone 1.511 acres from the Single fi
zoning district to the Planned Development (PD) zoning district and consider detailed plans The
land is located on the west side of Mingo, approximately 200 feet south of Withers. (Z-96-030)
Ms. Russell opened the public hearing.
Mr. Reeves: This is a rezoning from Single Family-7 to a Planned Development and approval of a
detailed plan. The property is located along Mingo Road, just south of Withers. We did notice on
August 30th. We have received three replies, all of them in favor. The property is already platted
and sidewalks will be constructed along the Mingo Road frontage. The site drainage will have to be
discharged into the storm sewer along Mingo and an easement dedication will be required around a
"new fire hydrant location." We are also in the process of abandoning an electrical easement on the
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P&Z Minutes
September 11, 1996
Page S
site. This detailed plan is for thirty-six apartments. There will be thirty-two one bedroom apartments
and four two bedroom apartments. The site plan meets all of our requirements. There will bea fence
along the Mingo Road frontage for security reasons. Staff recommends approval.
Ms. Russell: Would the petitioner care to speak?
Mr. Marvin Morgan: My name is Marvin Morgan and my address is 1704 Lynhurst. If approved
1 will start construction on thirty-two one bedroom and four two bedroom apartment units on this site.
1 own the apartments on the corner of Bell and Withers, which are Bellmere Apartments and this will
basically be phase 2 of those apartments. They will be constructed and maintained in the same
manner as the Bellmere Apartments are. I think they are an asset to the community and they are well
maintained.
Ms. Russell: Those do look very nice. Is there anyone to speak in favor of the petition? Is there
anyone to speak in opposition? We will close the public hearing. Any final remarks?
Ms. Gamer: 1 watched the original apartments being built and they are lonely apartments. We do
have a housing shortage in Denton for multi-family residents, TWU especially has a shortage. I think
this will be an asset.
Mr. Jones: I move we recommend approval for the change in zoning from SF-7 to PD and the
detailed plan of Bellmere Apartments Phase 2.
Ms. Schertz: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
L L Approved. (6-0)
1-V. Hold a public hearing and consider a request to amend Ordinance 92-203, Section III, Condition 2,
for 6.1 acres to allow for accessory buildings and amend the maximum 400 square foot limit for
accessory buildings. The subject property is in a General Retail Conditioned (GRjc]) zoning district
and is located on the northwest corner of Mayhill and Colorado Boulevard. (Z-96-031)
Ms. Russell opened the public hearing.
Mr. Reeves: This is a request to amend ordinance 92-203, Section III to allow for more than one
accessory building and to amend the four hundred square foot maximum for accessory buildings on
6.1 acres located at Mayhill and Colorado Blvd. We sent out five notices and I have not received any
replies. This property was rezoned in 1992 to allow a four hundred and forty-nine foot tall
communication tower. Condition number 2 of the ordinance is that the use of Lot 1, Block A is
limited to a four hundred and forty-nine foot communication tower and accessory building not to
exceed four hundred square feet. There is someone that is interested in putting another array on the
tower ap;n oximately three hundred feet up. In order to do this they need to have a building for the
equipment. The existing building on the property is about two hundred and eighty square feet and
an additional building of a hundred and twenty square feet is not going to work. In order to address
that issue 1 spoke with several people on this. At my suggestion the application was to amend this
PAGE 13
Aytlrltl~ Na,~Se~
AQendt Item
. Date ~
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON TEXAS 76201 • TELEPHONE (817) 566.830_7
Office of the City Manager
i
M E M O R A N D U M
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RICK SVEHLA, DEPUTY CITY MANAGER
DATE: SEPTEMBER 27, 1996
RE: Proposed zoning of approximately 42 acres on Spencer Road
On September 25, 1996, Walter Reeves of the Planning Department
received the attached letter from Robert Johnston requesting a
postponement of consideration of the rezoning of approximately 42
acres on Spencer Road. Mr. Johnston has requested postponement as
he has not yet received confirmation of approval for financing of
the project. Confirmation is scheduled for the end of October.
If the Council desires to do this, a "motion to postpone the public
hearing to a date certain on November 5, 1996" should be made.
If you require any further information, please let me know.
Rick Svehla
Deputy City Manager
Attachment
ACCOD035
'Dedicated to Quality Service"
7
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M. MYERS DEVELOPMENT, INC.
RES,DENTAL DEVELOPMENT & MANAGEMENT
RECEIVED
September 24, 1996
Sro
0LAf'.'Nrh9 & DEVELOPMENT
VIA: FACSIMILE AND REGULAR MAIL DEPART&<':AIT
Mr. Walter E. Reeves, Jr.
Urban Planner
City of Denton
221 N. Elm
Denton, Texas 76201
Re: The proposed rezoning of an approximately 42 acre tract of land on Spencer Road
in Denton, Texas.
Dear Mr. Reeves:
It has come to my attention that the petition for the rezoning of the approximately 42 acre
tract of land on Spencer Road in Denton, Texas is scheduled to be presented to and
considered by the City Counsel at their upcoming meeting on October 1, 1996. As you
are aware from our previous conversations, M. Myers Development, Inc. is currently
under contract to acquire the aforementioned 42 acre tract of land. Further, as I have
explained to you over the past month or so, our acquisition of this tract of land is
~ specifically conditioned upon our successfully obtaining zoning for
multifamily housing
as well as financing for the developments ultimate construction.
We had been lead to believe that we would receive confirmation as to our approval for
financing prior to this date; however, in recent conversations it has come to our attention
that such confirmation will not occur until the end of October at the latest. Given the
unforeseen delays in obtaining financing, we request that the City Counsel of Denton,
Texas postpone consideration of our request for rezoning on this tract of land until their
November 5, 1996 meeting. It is my understanding, through our recent conversation,
that if granted this postponement, that we will not jeopardize in any way our ability to
seek the approval of the City Counsel of our rezoning petition at their meeting on
November 5, 1996. If this is in fact not the case, then obviously we would withdraw this
request.
We feel that even though the current owner of this tract of land has consented to our
seeking this rezoning, that it is only fair that we insure that the financing condition
presently in the purchase and sale agreement be satisfied prior to our final public hearing
on changing the use allowances on this tract of land. This desire is further cc•mpounded
DALLAS; 3100 WK.INNON STREET, SUITE 7060 / DALLAS, TEXAS 75201-70C13 / (214) 969-7328 / FAX (214)
`I
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by our consideration of requesting a Conditioned Zoning District to limit the number of
residential units to 208 on this entire tract of land.
It is our express desire that you understand that should we not be permitted this
postponement that we are fully prepared to present any necessary information to the City
Counsel for their consideration and approval of our rezoning petition; however, we also
hope that you will understand and agree with our reasoning to request a postponement of
this determination.
Should you have any father questions and/or comments concerin8 this request, please
do not hesitate to contact us at your convenience.
Sincerely,
f
Y
Robert B. J hnston
Vice President
d
ra7's; S
k
DATE: October 1, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance to rezone 42.815 acres
from the Light Industrial (LI) and Agricultural (A) zoning districts to the
Multi-Family I (MF-1) zoning district. The subject property is located
between Spencer and Loop 288, approximately 300 feet east of
Colorado.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request, six
in favor, none opposed (6-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Respectfully submitted:
ed Benavides
City Manager
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Prepared by:
Ma '
Walter E. Reeves, Jr., AI
Urban Planner
Approved:
r✓ ~
Frank Robbins, AICP
Director
Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance.
Attachment #3: Draft minutes of the September 11, 1996, P & Z meeting.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: October 1, 1996
Subject: Z-96-025
GENERAL INFORMATION
Applicant: Spencer 288, Ltd.
3100 McKinnon Street, Suite 1060
Dallas, Texas 75201
Owner: Denton Industrial Partners
1504 N. Caney Trail
Wharton, Texas 77488
Action: Request change in zoning for 42.815 acres from the Light
Industrial M) and Agricultural (A) zoning districts to the Multi-
Family 1 (MF-1) zoning district.
Location: The subject property is located between Spencer Road and Loop
288, east of the abandoned railroad line, now a Rails-to-Trails.
Surrounding Zoning and Land Usr.:
North: Municipal Power Plant, PD-55, some residential use in the
Agricultural zoning district.
South: Vacant land in the Commercial (C) zoning district.
East: Denton Golf Center to the LI zoning district.
West: Commercial use in Planned Development 6 (PD-6).
Denton Development Plan: Urban Center Intensity Area #60.
SPECIAL INFORMATION
The subject property is not currently platted.
BACKGROUND
The subject property was placed in the Light Industrial (LI) and Agricultural (A) zoning
districts by Ordinance 69-01 which adopted a new zoning ordinance and map for the
City of Denton.
NOTICE
Thirteen (13) notices were mailed on August 2, and again on August 30, 1996. One
reply was received in.favor, one opposed, and one returned as undeliverable from the
August 2, notice. No replies have been received from the August 30, mailing. The
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"20%a Rule" is in effect, as the one opposition response constitutes 21.5% of the land
area used to determine the "20% Rule".
ANALYSIS
This request is a rezoning from the Light Industrial (LI) and Agricultural (A) zoning
districts to the Multi-Family 1 (MF-1) zoning district. The subject property is currently
vacant, and the proposal is to develop a 220 unit apartment complex on the site,
however, the zoning will allow at least 840 units.
Denton Development Plan
Policy Analysis Summary
Major Activity Center
Development Rating VS Epa
OLICY COMMENTS ~e~?r ow-W♦yl cItIolley
aW R"M
knonwo1w Ywxntwn"
Intensity Unlimited x
se diversity, including high- Housing density is defined In units per acre as
housing, should be low (0.5), medium (6-less than 12), and high
aged but new tow density (12+). The proposed density Is between 5 6 6
g will provide a transtion to units/acro, which Is borderline low/medium
tensity a4scent areas but density, however, more than t2 urwts /acre are x
vide transportation baler" allowed with MF-1 zoning,
ergy conservation by having
In close proximity to Jobs
rvices.
nsity residential areas o
n the There Is a low density noVdontiat area on ft
fringe of these major activity centers fringe of the Major Activity Center, with access
should be protected by such to Colorado Boulevard. No site plan Is
measures as lnt9nsity gradation, proposed, traffic issues wltl be addressed by
strict site design requlroments, the plat process, landscaping will be required
transportation planning end as per the Crtys Landscaping, Screening, and
Implementation, land use balance Treat Preservation Ordinance.
and landscaping, Further traffic X
planning should ensure that no $ocal
j residential streets are utilized for
general circuls6on to the centers.
The Planning and Zoning Commission recommends approval of the request.
ALTERNATIVES
1. Approve as requested.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
ATTACHMENTS
1. Location map.
Page 2
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ATTACHMENT 2
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE LIGHT INDUSTRIAL (LI) AND AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATIONS AND USE DESIGNATIONS TO THE MULTI-FAMILY 1 (MF-1)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 42.815 ACRES
OF LAND LO:!ATED BETWEEN SPENCER ROAD AND LOOP 288, EAST OF THE
RAILROAD TRACKS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Spencer 288, Ltd., on behalf of Denton Industrial
Partners, initiated a change in zoning for 42.815 acres of land
from the Light Industrial (LI) and Agricultural (A) zoning district
classifications and use designations to the Multi-Family 1 (MF-1)
zoning district classification and use designation; and
WHEREAS, on September 11, 1996, the Planning and Zoning Com-
mission recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 42.815 acres of land described in Exhibit 1,
attached hereto and incorporated by reference, is changed from the
Light Industrial (LI) and Agricultural (A) zoning district classifi- 1
cations and use designations to the Multi-Family 1 (MF-1) zoning
district classification and use designation under the comprehensive
zoning ordinance of the city of Denton, Texas.
LION II. That the City's official zoning map is amended to
show the change in zoning district classification.
SECTION III. That 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 IV. That this ordinance shall become effective four-
teen (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.
PAGE 6
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PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
B :
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CHICAGO TITLE INSURANCE COMPANY
ExHIBIT I
TRACT I
SEINO an 42.815 acre tract of land situated in Denton Countyy
SURVEY+ portion of the M. L. AUSTIN SURVEY ASST. NO. < and J. S,
ST. NO. 1256 and beingg the same Te AIPT
Industrial Partners by General Rarra=pyDeed arecordedyin Volur.dtg92, Page
being more particularly described Co followixaa' said 42.815 acre tract the rightNof wayt line2of U. S. HighwwayeNumberh288 (arvariable width right of
way with the easterly right of way line of the M.R.T. Railroad (ar100rfoot
right of way and 50 feet off the centerline of the tracts))
THENCE with the easterly right of way line of the M.K.T. Railroad and the
general line of a fence North 40 degrees 25 minutes 00 seconds Nest, a
distance of 2103.32 feed to a vertical railroad rail found for cornerl
liinsofdapf ncegNohth 00td*greeinSSominutesa00rseconds West,tiedistance of
324.09 feet to a 1.2 inch iron rod set for corner in the south line of a
public road)
gS2uc}uthE52idegreesg03eminutese30 secondseEast,taedistanceiof 72.57ihnato a
1/2 inch iron rod set for cornerl
THENCE departini the fence line and crossing said road at an ■n91, No h
88 d,Qqrees 2 m nutes 00 seconds East, a distance of 586.60 fee E to a 102
inch iron rod set for corner)
THENCE Mort P2 89 degrees 21 minutes 30 seconds East, a distance of 648.84
feet to a 2 inch iron rod set for corner)
geenneralclinelof a fine annthenmouthraiidetofntheproado 8 Iyto 00 digr,ioh31
minutes 00 seconds Nest, a distance of 428.63 feet to A 1/2 inch iron rod
set for cornerl
cornerl
cornerl diaEaatg shdistencelofl389 OOafeetcto aSouth l%2 incheironstod foundefor
THENCE with the eneral line of a fence South 00 do sass 31 minutes 00
seconds Nest, a distance of 1299.17 feeE to a 1/2 ingh iron rod met for
corner in the northerly right of way line of V. S. Highway Number 288)
THENCE with the northerly right of way line of U. S. Highway Number 288 and enc distance of 338.83 feet to,theuPOINT OF4BEGINNINGlnutes 20 seconds
Nast, a
CONTAINING an area of 42.815 acres of land, more or less,
pAG$ g
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P&Z Minutes ATTACHMENT 3
September 11, 1996
DRAFT
Page 2 Hold a public hearing and consider a request to rezone 42.815 acres from the Light Industrial (LI)
and Agricultural (A) zoning district to the Multi-Family 1 (MF-t) zoning district. The subject
property is located between Spencer and Loop 288, approximately 300 feet east of Colorado Blvd.
(Z-96-025)
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
Mr. Reeves: This is a rezoning of 42.815 acres from the Light Industrial and Agricultural zoning
district to the Multi-Family-I zoning district. This was originally on the Commission's agenda for
August 14th and at that time the applicants weren't quite prepared to be here and they asked that it
be postponed until tonight's meeting. The Commission instructed us to do notice again which we did.
For the August 2nd meeting we received one reply in favor and one reply in opposition. The reply
in favor was from the applicant and the reply in opposition was from the Golf Center. This is in an
urban center, a major activity center. The intensity is unlimited. This is consistent with our policies
regarding an urban center. With MF-1 zoning and the amount of acreage involved it would be
possible to get up to eight hundred and forty units on the property. I don't believe that the applicants
are proposing to anything near that level. I think they are actually looking at about two hundred and
twenty units. Staff recommends approval.
Mr. Marvin Myers: My name is Marvin Myers and my address is 3100 McKinnon in Dallas, Texas.
I brought a layout and site plan of what we are proposing to do. We are proposing two hundred and
eight units on the forty acres, so the density is very low. As you can see by the site plan there are
recreational facilities. We are trying to tie into your parks program. The entrance is on Spencer.
There are four hundred and some parking spaces. This will be a rental development.
Mr. Cochran: Of this two hundred and eight units, will they cover the entire property or are you just
building on a portion of the property?
Mr. Myers: We are doing the whole property and there will be some green area.
Ms. Schertz: Do you have any parking set aside for guests?
Mr. Myers: We don't have any parking set aside for guests. We could do that if you feel it is
needed. We will take that under consideration.
Ms. Russell: As I understand you are going to build out all of this and it looks like a wonderful
plan. Could you give me some square footage for your apartments and what the rental rates might
be?
Nis. Ganzer arrived at 5:18 p.m.
Mr. Myers: There are a hundred and four two bedroom apartments and a hundred and four three
bedroom apartments. It is primarily for families. That is one of the reasons we didn't increase the
density.
Mr. Robert Johnston: My name is Robert Johnson and I am also with Myers Development. The
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September 11, 199b DRA
Page 3
rents will range around five hundred dollars for a two bedroom apartment and around six hundred for
a three bedroom apartment.
Ms. Russell: Is there anyone that would like to speak in favor of the petition? Is there anyone that
would like to speak in opposition to the petition?
Mr. Woody Graham: My name is Woody Graham and my address is 1818 Shawnee. I also represent
the golf facility at 1710 Loop 288. Our problem with this zoning change is that we were attracted
to this piece of property because of the Light Industrial zoning. We have problems with the traffic
on It% 288. We have concerns about security. We chose to build in a non-residential area because
we have had problems with security at other golf facilities that we have managed. If you allow the
multi-family I don't know how the traffic will be handled. We already have Wal-Mart and Lowe's
down the street. Spencer Road is a small country road and 1 don't know how it could handle this
traffic.
Mr. Moreno: We are simply approving or not approving the zoning tonight? We are not approving
the site plan?
Ms. Russell: Correct.
Mr. Moreno: So he could change his site plan after he gets the zoning?
Mr. Robbins: He wouldn't have to come back, he would just take his site plan to the Building
Inspection Department. That site plan tha, would meet the standards of the MF-I district. The
Planning and Zoning Commission would not review that. It would have to meet the standards for the
MF-1 district concerning the number of units and tine amount of open space that is required, setbacks,
lot coverage, height. They are not required to submit a site plan.
Ms. Russell: Is there anyone to speak in opposition? Would the petitioner care to speak in rebuttal?
Mr. Myers: We would be very happy to be restricted to two hundred and eight units. We met with
a committee out here preliminarily and there was discussion that we should enter from Spencer Road.
There was discussion that we would be asked to make some improvements to Spencer Road, at least
on our side of the street. I don't know what other requirements might be necessary but that is where
we are at.
Ms. Russell: We will close the public hearing. Any final remarks? Would you please address the
traffic issue here?
4r. Reeves: The property is not platted so the applicant will have to plat the property before they
can get building permits. Any street improvements that would be associated with the property will
come with the platting process. There will be perimeter street paving required along the frontage of
the property. I think Mr. Salmon will be iooking at some further impro rements to Spencer Road that
are off site, possibly at both intersections meaning Spencer and Loop 288, and Spencer and Colorado.
There will also be other public improvements such as drainage, sidewalks, fire hydrants, water and
sewer lines. The applicant is aware that access will have to be on Spencer Road. They are aware that
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P&Z Minutes
September 11, 1996 bill
Page 4 ❑R A
there are public improvements associated with this piece of property. If you are interested in limiting
the number of units allowed then you can do that because it would be more restrictive than what is
currently allowed.
Mr. Moreno: Compare the intensity of the Light Industrial zoning to the Multi-Family that is
proposed with the two hundred and eight units.
Mr. Reeves: This site is forty-two acres and the intensity would depend on the type of Light
Industrial use and the size of the buildings. Asa comparison, a multi-family unit generates eight trips
per day, so for eight hundred units you will have around seven thousand trips per day. For the Light
Industrial use the Denton Development Plan assigns that at six hundred and fifty trips per acre. I
think there is also a number based on the square footage, so much per thousand square feet, which
is around a hundred.
Mr. Robbins: The Light Industrial zoning district allows all of the non-residential uses up to light
industrial use to include those uses that generate the most traffic like a big Wal-Mart. That will
generate more traffic per squa;•e foot than almost anything and that is allowed in a Light Industrial
zoning district. Multi-Family is a less intense, it generates less traffic than the uses that would be
allowed in U.
Ms. Russell: What is the required parking for something like this?
Mr. Reeves: For a Multi-Family one bedroom unit our ordinance requires one and one half spaces.
For a two bedroom unit our ordinance requires one and three quarters spaces. For a three bedroom
or larger unit our ordinance requires two spaces. For an efficiency unit it is one and one quarter
spaces.
Ms. Russell: So he is really exceeding the required spaces by having two spaces per unit.
Mr. Cochran: It is rare to see an apartment complex that looks like a great thing to me and this one
is really one of the best that I have seen come before us. it is also nice to see three bedroom
apartments for families. I plan on voting in favor of your proposal.
Ms. Gatuer: 1 move we recommend approval of this request to rezone 42.815 acres from the Light
Industrial and Agricultural zoning districts to the Multi-Family-1 zoning district.
Mr. Cochran: I'll second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. Approved. (6-0)
IV. Hold a public hearing and consider a request to rezone 1.511 acres from the Single Family 7 (SF-7)
zoning district to the Planned Development (PD) zoning district and consider a detailed plan. The
land is located on the west side of Mingo, approximately 200 feet south of Withers. (Z-96-030)
Ms. Russell opened the public hearing.
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Agenda Item
Date
DATE: October 1, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance amending Ordinance
92-203, Section III, Condition 2 to allow for accessory buildings and
increasing the 400 square foot maximum for accessory buildings to 1,000
square feet for 10.087 acres located in a General Retail Conditioned
(GR[c)) zoning district. The subject property is located on the east side
of State School Road and its intersection with Colorado Boulevard.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request, six
in favor, none opposed (6-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Respectfully submitted:
Ted Benavides
City Manager
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Prepa red by:
Walter Reeves, Jr,, AIC
Urban Planner
Approved:
nk Robt,in VIPAIC-
ra Di rector
Planning and Development
Attachment #1: Planning and Zoning Commission Report,
Attachment #2: Ordinance,
Attachment #3: Draft minutes of the September 11, 1996, P & Z meeting.
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ATTACHMENT !
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: October 1, 1996
Subject: Z-96-031
GENERAL INFORMATION
Applicant: Michael J. Baitup, Hennessey Engineering
1409 Third Avenue
h Carrollton, Texas 75006
i
Owner: Denton Tower Inc.
645 C.E. Renfro
Burleson, Texas 76028
Action: Request to amend Ordinance 92-203, Section III, Condition 2 to
allow for accessory buildings and amend the 400 square foot
maximum for accessory buildings on 10.087 acres in a General
Retail Canditioned (GR[c]) zoning district.
Location: The subject croperty is located on the northeast corner of State
School Road and Colorado Boulevard.
Surrounding Zoning and Land Use:
North: Andrew Corporation in the (A) zoning district.
South: Andrew Corporation in the (A) zoning district.
East: Andrew Corporation in the (A) & (LI) zoning districts.
West: Denton Regional Medical Center in a Commercial
Conditioned zoning district.
Denton Development Plan: Urban Center (no intensity allocation).
SPECIAL INFQR,ti1 IOM
A number of exaction variances were granted on this tract based on the proposed
limited use (one accessory building no larger than 400 square feet, and a 449' tall
tower). The proposed condition by the applicant does not appear to limit the number,
size, or use of accessory buildings. Additionally, any proposed building(s) will have to
meet the required setbacks, and remain out of dedicated public easements.
BACKGROUND
The subject property was annexed into the city in 1984, and placed in the Agricultural
(A) zoning district. The property was rezoned to a General Retail Conditioned (GR[c))
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zoning district by Ordinance 92-203 on December f, 1992, and remains in that zoning
district.
NOTICE
Five (5) notices were, mailed on August 30, 1996, no replies were received.
ANALYSIS
This request is to amend Ordinance 92-203, Section 111, Condition 2 (Attachment 2).
Currently this section limits the use of the property to a 449 foot tower and an
accessory building not to exceed 400 square feet. At the staff's direction, the
applicant has asked to have the condition amended to allow for multiple accessory
buildings and to remove the 400 square foot maximum for accessory buildings. The
applicants are proposing to attach an antenna array approximately 300 feet up the
tower, and construct an accessory building to house the equipment for the array. A
449' tower and 280 square foot accessory building currently occupy the site.
The table below will provide a summary of the Plan related analysis for this project.
Denton Development Plan
Policy Analysts Summary
Major Activity Center
Development Rating YS Policy
POLICY COMMENTS SWAOM+s son"fi t ca«w.t"
tr+COra41N Y+earktr,t
Intensity Unlimited x
Land use drvorsity, Including high. NA
i
density housing, should be
encouraged but now low density
housing will proNdo a transition to
lower Intensity acyacent areas but x
also provide transportation balance
and energy oonservatlon by having
housing In doss proxImiry to jobs
and soMees.
Fdansity ty rosidenbal areas on the No low density res?dentiaJ use In area.
ese major actlMly centers Umftation on maximum square footage would
proI:u by such address any tonrem In arse of Impact
a Intensity gradation, Landscaping will be required as per the CVs
esign rogpOoments; Landscaping, Screening, and Tree
tion planning and Preservation Ordinance.
ation, land use balance
anandscaping, Further traffic x
planning should ensure that no local
residential streets are utilized for
gonorat circulation to Iho centers.
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RECOMMENDATION
The Planning and Zoning Commission recommends approval of the request (6 0) to
amend Ordinance 92-203, Section lll, Condition 2, to read as follows:
2. The use of Lot 1, Block A is limited to a 449 foot communication tower and
unoccupied (nonresidential) accessory building(s) housing equipment for the
tower not exceeding 1,000 square feet.
ALTER NATIVES
1. Approve as requested.
2• Approve with conditions.
3. Deny.
4. Postpone consideration.
ATTACHMENTS
1• Locatlon map.
2. Ordinance 92-203.
Page 3
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ATTACHMENT1
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ATTACHMENT 2
din
ORDINANCE NO. G
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL "A" TO GENERAL RETAIL-CONDITIONED (GR-C) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 10.087 ACRES OF
LAND LOCATED ON THE NORTH-NORTHWEST SIDE OF MAYHILL ROAD, WEST OF
AND ADJACENT TO THE M K & T RAILROAD TRACKS; PROVIDING FOR A PEN-
ALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Denton Realty Advisors, Inc. has applied for a change
in zoning for 10.087 acres of land from Agricultural "A" to General
Retail-Conditioned (GR-C) zoning district classification and use
designation; and
WHEREAS, on October 28, 1992, the Planning and Zoning
Commission recommended approval of the requested change in zoning;
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use •
designation of the 10.087 acres of land described irk Exhibit At
attached to and incorporated. into this ordinance by reference, is
changed from Agricultural "A" to General Retail-Conditioned (GR-C)
zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas.
BECT_~ I__ON II. That Exhibit B, attached to and incorporated into
this
distriordctiinnance by
chthe apter site P of n the rCothe
of ordinances.
de
B£CT D IIi That the district shall be subject to the
following conditions:
1. An 85 feet setback from the future right-of-way of Loop
288 as shown on the site plan,
2. The use of Lot 1, Block A is limited to a 449 feet
communication tower and an accessory building not exceeding
400 square feet,
3. Lot 1, Block B is designated as undevelopable in its
present configuration,
subject Frequencies tthe to
f
approval used
ofn ththe e F ral a Communications
commission.
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ATTACHMENT 2 3 3 3
SECTION.IV. That the City's official zoning map is amended to
show the change in zoning district classification.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ,&day of , 2992.
I
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: APPROV AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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f~r'•.NyDOCS\O0.D~2-9b-031 ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
92-203, SECTION III, CONDITION 2 TO ALLOW FOR ACCESSORY BUILDINGS
AND INCREASE THE 400 SQUARE FOOT MAXIMUM ALLOWED FOR ACCESSORY
BUILDINGS TO 1,000 SQUARE FEET, FOR 10.09 ACRES LOCATED ON THE
NORTHEAST CORNER OF STATE SCHOOL ROAD AND COLORADO BOULEVARD;
PROVIDING FOR A PENALTY IN THE MAXIi4UM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Hennessey Engineering, on behalf of Denton Tower
Inc., initiated an amendment to Ordinance 92-203 to allow for
accessory buildings and increase the 400 square foot maximum
allowed for accessory buildings to 1,000 square feet, on 10.09
acres locate:: on the northeast corner of State School Road and
Colorado Boulevard; and
WHEREAS, on September 11, 1996, the Planning and Zoning Com-
mission recommended approval of such an amendment to Ordinance 92-
203; and
WHEREAS, the City Council finds that this amendment to Ordi-
nance 92-203 will be in compliance with the Denton Development
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION.":, That Ordinance 92-203, Section III, is amended
with respect to the followirig particulars; all provisions not
herein amended shall remain in full force and effect:
Condition 2. The use of Lot 1, Block A, is limited to a 449
foot communication tower and unoccupied (non-
residential) accessory building(s) housing
equipment for the tower not exceeding 1,000
square feet.
to all copies of Ordinancec92-203,tshowing the ch ngeslhereintmade.
SECTION Iii. That the City's official zoning map is amended
to show the change in zoning district classification.
SECTION IV. That 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
9hall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective four-
teen (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-Chronicla, a daily newspaper
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published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of 1996.
` JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY A77RNEY
BY: - -
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ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE DANIEL LOMBARD SURVEY ABSTRACT 7840 CITY OF DENTON, DENTON
COUNTY, TEXAS AND BEING PART OF A (CALLED) 10.087 ACRE TRACT AS
DECRIBED IN A DEED FROM BOB CARAWAY TO AUBR£Y PRODUCTS, INC AND
BOB CARAWAY, ON THE 15TH DAY OF JULY, 1985, RECORDED IN VOLUME
1709, PAGE 526, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE NORTH RIGHT OF
WAY OF MAYHILL ROAD AND THE WEST RIGHT OF WAY OF THE M.K. & T.
RAILROAD;
F THENCE SOUTH 60 DEGREES 18 MINUTES 03 SECONDS WEST WITH THE NORTH
LINE OF MAYHILL ROAD A DISTANCE OF 9.89 FEET TO AN IRON PIN;
THENCE SOUTH 89 DEGREES 45 MINUTES 00 SECONDS WEST WITH THE
SOUTYH LINE OF SAID 10.87 ACRE TRACT A DISTANCE OF 624.61 FEET TO
AN IRON PIN AT THE SOUTHWEST CORNER OF SAID 10.087 ACRE TRACT;
THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST A DISTANCE OF
1098.84 FEET TO AN IRON PIN AT THE NORTH CORNER OF SAID 10.087
ACRE TRACT ON THE WEST RIGHT OF WAY OF THE M.K. & T. RAILROAD;
THENCE WITH THE WEST RIGHT OF WAY OF SAID RAILROAD RIGHT OF WAY
AROUND A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 DEGREES
09 MINUTES 29 SECONDS, A RADIUS OF 1873.08 FEET, A CHORD OF SOUTH
32 DEGREES 13 MINUTES 21 SECONDS EAST 1131.42 FEET, AN ARC LENGTH
OF 1149.37 FEET TO AN IRON PIN;
THENCE SOUTH 14 DEGREES 38 MINUTES 37 SECONDS EAST WITH SAID
RAILROAD RIGHT OF WAY A DISTANCE OF 138.54 FEET TO THE POINT OF
BEGINNING CONTAINING IN ALL 10.0869 ACRES OF LAND.
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ATTACHMENT 3
P&Z Minutes
September 11, 1996
Page 5 1~} 1
site. This detailed plan is for thirty-six apartments. There will be thirty-two one bedroom apartments
and four two bedroom apartments. The site plan meets all of our requirements. There will be a fence
along the Mingo Read frontage for security reasons. Staff recommends approval.
Ms. Russell: Would the petitioner care to speak?
Mr. Marvin Morgan: My name is Marvin Morgan and my address is 1704 Lynhurst. If approved
I will start construction on thirty-two one bedroom and four two bedroom apartment units on this site.
I own the apartments on the corner of Bell and Withers, which are Bellmere Apartments and this will
basically be phase 2 of those apartments. They will be constructed and maintained in the same
manner as the Bellmere Apartments are. I think they are an asset to the community and they are well
maintained.
Ms. Russell: Those do look very nice. !s these anyone to speak in favor of the petition' Is there
anyone to speak in opposition? We will ck ;e the public hearing. Any final remarks?
Ms. Ganzer: I watched the original apartments being built and they are lovely apartments. We do
have a housing shortage in Denton for multi-family residents, TWU especially has a shortage. I think
this will be an asset.
Mr. Jones: I move we recommend approval for the change in zoning from SF-7 to PD and the
detailed plan of Bellmere Apartments Phase 2.
Ms. Schertz: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
F V. Hold a public hearing and consider a request to amend Ordinance 92-203, Section Ill, Condition 2,
for 6.1 acres to allow for accessory buildings and amend the maximum 400 square foot limit for
accessory buildings. The subject property is in a General Retail Conditioned (GR[c]) zoning district
and is located on the northwest corner of Mayhill and Colorado Boulevard. (Z-96-031)
Ms. Russell opened the public hearing.
Mr. Reeves: This is a request to amend ordinance 92-203, Section 111 to allow for more than one
accessory building and to amend the four hundred square foot maximum for accessory buildings on
6.1 acres located at Mayhill and Colorado Blvd. We sent out five notices and 1 have not received any
replies. This property was rezoned in 1992 to allow a four hundred and forty-nine foot tall
communication tower. Condition number 2 of the ordinance is that the use of Lot 1, Block A is
limited to a four hundred and forty-nine foot communication tower and accessory building not to
exceed four hundred square feet. There is someone that is interested in putting another array on the
tower approximately three hundred feet up. In order to do this they need to have a building for the
equipment. The existing building on the property is about two hundred and eighty square feet and
an additional building of a hundred and twenty square feet is not going to work. In order to address
that issue I spoke with several people on this. At my suggestion the application was to amend this
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P&Z Minutes
September 11, 1996
Page 6 = 5 ' ~~1
condition to allow for accessory buildings and just remove the square footage requirement. At that
point in time 1 was not aware that there were some variances that were granted on the plat on the basis
of there being a limited number of buildings on the property. Therefore my recommendation is to
approve it, and to amend the ordinance to read "for accessory buildings not to exceed a thousand
square feet." That thousand square feet, based on the average of these two buildings, would allow
two more buildings. Any more than that would require the owner to come back and go through this
process again.
is. Russell: Would the petitioner care to speak?
Mr. Mike Baitup: My name is Mike Baitup and 1 am with Hennessey Engineering. In the
communications industry a lot of these towers are leased out to different providers of services and
they are really protective abort their buildings and their equipment. The building for this site will
be prefab on a slab. 1 have talked to the owner, Denton Tower Inc. and they have no problem with
limitng the square footage to one thousand square feet. This is a very wooded site and it can not be
seen from the road.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition
to the petition? We will close the public hearing. Any final remarks?
Mr. Reeves: In the motion you will note that I made a point to say that this was limited to
unoccupied buildings.
Mr. 0--:ran: I move that we recommend that ordinance 92-203, Section III, condition 2 be amended
to read as follows "the use of Lot 1, Block A is limited to a four hundred and forty-nine foot
communication tower and unoccupied non-residential accessory buildings housing equipment for the
tower not exceeding one thousand square feet."
Ms. Gamer: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
L2 pproved. (6-0)
VI. Hold a public !tearing and consider a request to rezone 200.4 acres from Planned Development 103
(PD-103) zoning district to the Single Family 16 (SF-16) zoning district. The subject property is
located west of Teasley Lane, north of Hobson and south of Londonderry. (Z-96-033)
Ms. Russell opened the public hearing.
Mr. Reeves: This was initiated by the Parks Department to rezone from PD 103 to the Single
Family-16 zoning district. The School district has been looking at a site at the north end of the park
for a mitt ,le school and has decided on this site. The Parks Department is in the process of swapping
some land at the north end of this property to the School District for some property the School
District has adjacent to Evers Park. This PD doesn't allow for schools. The School District was
going to have to rezone it. The Parks Department decided to rezone the entire piece of property to
SF-16 because a park is a permitted use, and it is a lot easier to do a park in a straight zoning district
PAGE 14
G
Agenda No. tb
DATE: October 1, 1996
CITY COUNCIL REPORT FORMAT Agenda Item
Date
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Consider approval of exaction variances to Sections 34-124(e) pertaining to
drainage design standards; Section 34-116(e) pertaining to fire fog,, and
Section 34-116(c) pertaining to fire hydrants. This 70.561 acre tract is located
in Division One of the City of Denton's ETJ on T.N. Skiles Road. (Vista Ranch
Estates)
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the variances (6-0)
at its meeting on September 11, 1996.
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Individuals who purchase the property and the Fire Department.
FISCAL IMPACT:
None.
Respectfully submitted,
Ted Benavides
Preparsd by: City Manager
4onMaBrAtmAan
Senior Planning Technician
Approved by:
Frank obbins, AI
Director Planning and Development
Attachments #11-3: Planning and Zoning Commission Report.
Attachment #4: Draft Planning and Zoning Commission Minutes from September 11,
1996.
PAGE 2
g
F
ATTACHMENT 1
PLANNING AND LUNINGr t;UMMISSION REPORT
DATE: October 1, 1996
TO: Mayor and Members of the City Council
FROM: Donna K. Bateman, Senior Planning Technician
SUBJECT: VARIANCE TO SECTION 34-124(e), DRAINAGE DESIGN STANDARDS
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
BACKGROUND:
Vista Manufacturing incorporated, owner of the proposed Vista Ranch Estates, has
applied for a variance of Section 34-124(e) of the Code of Ordinances concerning
drainage design standards. The cited section requires that drainage courses, not
associated with a 100 year fioodplain, be carried in an underground pipe system or a
lined channel depending on the amount of water. The applicant proposes to dedicate
drainage easements wide enough to contain 100 year storm runoff and leave the
existing drainage course in a natural condition. The applicant feels that construction of
the improvements, as required by the ordinance, would be cost prohibitive considering
the number and size of the lots.
As this is an exaction variance, the Planning and Zoning Commission recommends to
the City Council that the variance be granted due to the following condition being met:
Criteria for variances from development exactions. Where the commission finds that the
Imposition of any development exaction pursuent to these regulations exceeds any reasonable
benefit to the property owner or is so excessive as to constitute confiscation of the tract to be
platted, it may recommend approval of variances to waive such exactions, so as to prevent
such excess, to the City Council. Waiver of developmental exactions shall be approved by the
City Council.
The required improvements would cost approximately $65,000 for this phase of the
development which will contain eleven single family lots. All lots will be five acres or
larger. The construction of eleven homes on coproxirnately seventy acres will have a
negligible effect on drainage in the area. Establishment of the easements will help
ensure protection from flooding of the proposed homes and out buildings as well as
adjacent properties.
ATTACHMENT:
1. Preliminary Plat.
PAGE 2
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ATTACHMENT 2
PLANNING AND ZONING l:Vmrvrr.7.PvJN REPORT
DATE: October 1, 1996
TO: Mayor and Members of the City Council
FROM: Donna K. Bateman, Senior Planning Technician
SUBJECT: VARIANCE TO SECTION 34-116(e), WATER CAPACITY FOR FIRE FLOW FOR
THE VISTA RANCH ESTATES
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
BACKGROUND:
The applicant requests an exaction variance from Section 34.116(e), of the Code of
Ordinances, pertaining to fire flow, for the Vista Ranch Estates. This section of the
Subdivision and Land Development Regulations states:
Every development shall provide adequate water capacity for fire protection purposes. Unlesa
buildings in the development are provided with fire protection by means of automatic sprinkler
systems in accordance with Chapter 28 of the Code of Ordinances, each development shall
provide the following minimum water capacity (calculated with twenty (20) pounds of residual
pressure). For low-Intensity residential use, that capacity is 500 gallons per minute at 20
pounds of residual pressure.
The request is based on the lack of a reasonable connection between the required
Improvement and the proposed development. This "exaction variance" was
recommended to the City Council because the Commission determined that:
Where the commission finds that the imposition of an development exaction pursuant to these
regulations exceeds any reasonable benefit to the property owner or Is so excessive as to
constitute confiscation of the tract to be platted, it may recommend approval of variances to
waive such exactions, so as to prevent such excess, to the city council. Waiver of
developmental exactions shall be approved by the city council.
Adequate water capacity could be achieved by connecting to the City's existing 16
Inch water line at the north end of the airport at Masch Branch, which is approximately
21,120 feet (or 4 miles) away. At the average cost of $25 per linear foot, the total cost
of assuring adequate fire flow would be approximately $526,000.
ATTACHMENT:
1. Final Plat.
PAGE 4
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ATTACHMENT 3
PLANNING AND ZUNI vu L vivimiSSION REPORT
DATE: October 1, 1996
TO: Mayor and Members of the City Council
FROM: Donna K. Bateman, Senior Planning Technician
SUBJECT: VARIANCE TO SECTION 34-116(c), FIRE HYDRANTS FOR THE VISTA RANCH
ESTATES
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
BACKGROUND:
The applicant requests an exaction variance from Section 34116(c)of the Code of
Ordinances, pertaining to fire hydrants, for the Vista Ranch Estates. This section of the
Subdivision and Land Development Regulations states:
Fire hydrants shall be a maximum of six hundred (800) feet apart to residential areas and three
hundred (300) feet apart in commerciatrindustrial areas,
The request is based on the lack of a reasonable connection between the required
Improvement and the proposed development. This "exaction variance" was
recommended to the City Council because the Commission determined that:
Where the commission finds that the Imposition of an development exaction pursuant to these
regulations exceeds any reasonable benefit to the property owner or is so excessive as to
constitute confiscation of the tract to be platted, it may recommend approval of variances to
waive such exactions, so as to prevent such excess, to the city council. Waiver of
developmental exactions shall be approved by the city council.
In order to serve the proposed lots with the adequate amount of fire hydrants, the
applicant would need to provide approximately eight (8) fire hydrants at the average
cost of $2,500 each. The total cost of installing the fire hydrants would be
approximately $20,000. If the variance to Section 34-116(e) is approved, it would be a
moot issue to install hydrants without the necessary water lines. A variance however,
must still be approved in order to waive the hydrant requirements.
ATTACHMENT:
1, Final Plat.
PAGE 6
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ATTACHMENT 4
P&Z Minutes
September 11, 1996 _l
Page 11 ~.y
allows for an extension of three hundred and sixty days. Staff recommends approval.
Mr. Cochran: I move we approve the extension of the detailed plan for PD 134 for three hundred
and sixty days.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
l Vista Ranch Estates - The tract is located in Division One of the City of Denton's ETJ, on T. N.
Skiles Road.
a. Consider a variance of Section 34-124(e) concerning drainage design standards.
Mr. Salman: Vista Manufacturing, Inc. owns the subject property, Vista Ranch Estates. It is in the
ETJ and is actually closer to Ponder than it is to Denton. They are proposing to subdivide the
property into lots that are larger than five acres for rural home sites. They have applied for a
variance of Section 34-124 of the Code of Ordinances, specifically paragraph a which deals with
drainage design standards. That particular paragraph of the Subdivision Regulations requires that all
drainage ways that are not associated with a floodplain either have to be lined or piped underground.
The applicant is trying to keep the subdivision rural and would rather dedicate a drainage easements
and leave the drainage course in its natural condition. That is what they have shown on the plat. The
easements are large enough according to the engineer's calculations to contain a hundred year storm.
The applicant feels that it would be cost prohibitive and unnecessary to build an urban type of storm
drain system in an area with five plus acre lots for residential homes. This is an exaction variance
and the Commission can recommend it to the City Council if they find that it meets the criteria. The
criteria that we are looking at this evening is whether or not the requirements in our regulations has
a reasonable connection with the type of development that is being proposed, and whether or not the
particular improvements i-eing required are proportional in cost and need to the development. If the
Commission feels that the improvements that are required are not in proportion or do not have a
reasonable connection to the type of development, then they can recommend this variance to the City
Council. Staff is recommending that the variance be granted. The required improvements would cost
approximately sixty-five thousand dollars for this phase of the development. Realistically we are
looking at eleven lots on a total of seventy acres. This will have a very negligible effect on drainage
in the area and really does not justify the expense and effort of installing an urban type drainage
system. The proposed easements will provide enough protection to the potential home buyers as well
as people on the adjacent properties. The easements will also allow for other developments to be
installed in the area in an orderly manner.
Ms. Russell: Any questions? Thank you.
b. Consider a variance of Section 34-116(e) pertaining to fire flow.
e. Consider a variance of Section 34-116(e) pertaining to fire hydrants.
PAGE 8
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P&Z Minutes
September 11, 1996
Page 12
d. Consider approval of the General Development Plan, consisting of 388.4175 acres, and the
preliminary and final plats of Lots 1 thru 11, Block A of the Vista Ranch Estates, consisting of
70.561 acres.
Ms. Bateman: The next two variances are also exaction variances. The request is based on a lack
of reasonable connection between the required improvement and the proposed development.
Adequate water capacity could be achieved by connecting at Masch Branch which is approximately
four miles away. Based on a cost of about twenty-five dollars per linear foot, the cost would be over
rive hundred and twenty-eight thousand dollars to get fire flow to the property. Concerning the fire
hydrants, this is a moot issue unless you require the fire flow. If fire hydrants were required they
would need approximately eight hydrants at a cost of twenty-five hundred dollars each. The General
Development plan and the preliminary plat can be approved. The final plat cannot be approved unless
the variances are approved. The General Development plan consists of three hundred and eighty-eight
acres whereas the preliminary and final plat consist of seventy acres divided into eleven lots.
Improvements include right-of-way dedication and various drainage utility easements. The final plat
could be approved conditioned on City Council approving the exaction variances.
Ms. Russell: Any questions? So we can vote on these all at once if we are in agreement on the
variances, and if we aren't we can vote on them separately?
Ms. Bateman: Yes.
Mr. Jones: I move we approve the whole deal subject to the approval of the variances by City
Council.
Ms. Schertz: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
L~Approved. (6-0)
X Thomas Addition - The 104.3 acre tract is located in Division One of the City of Denton's F.TJ, on
F. M. 428.
a. Consider a variance of Section 34.124(e) concerning drainage design standards.
Jerry Drake arrived at 6:35 p.m.
Mr. Salmon: This drainage variance is very similar to the previous case. Again we are talking about
very large acre rural lots for single family development. Again we have an existing drainage course
running through the property which is not associated with a floodplain, so we have channel lining and
piping requirements. For the same reasons the applicant proposes not to install those drainage
improvements, however they are willing to dedicate drainage easements wide enough to contain a
hundred year storm. They feel it will provide an appropriate level of protection for any homes that
are constructed in the subdivision. This is an exaction variance so you will be making a
recommendation to the City Council. Staff is recommending that the variance be granted. In this
instance we have five lots on a total of a hundred and four acres. This will really have very little
PAGE 9
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i✓
DATE: October 1, 1996 Ape°Oe No.
CITY COUNCIL REPORT Apei da Item
Date
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Consider approval of exaction variances to Sections 34-124(e) pertaining to
drainage design standards; Section 34.116(e) pertaining to fire flow; and
Section 34-116(c) pertaining to fire hydrants. This 104.3 acre tract is located In
Division One of the City of Denton's ETJ on F.M. 428. (Thomas Addition)
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the variances (6.0)
at its meeting on September 11, 1996.
I
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Individuals who purchase the property and the Fire Department.
FISCAL IMPACT:
None.
Respectfully submitted,
Ted Senavides
Prepared by, City Manager
nna Bateman
Senior Planning Technician
Approved by:
rank Robb ns, AICf
Director Planning and Development
Attachments #1.3: Planning and Zoning Commission Reports.
Attachment #4: Draft Planning and Zoning Commission Minutes from September 11,
1996.
PAGE 1
s
A'_ i'ACHMENT SION REPORT
PLANNING AND
DATE: October 1, 1996
TO: Mayor and Memhers of the City Council
FROM: Planning and Zoning Commission
SUBJECT: VARIANCE TO SECTION 34-124(e), DRAINAGE DESIGN STANDARDS
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
BACKGROUND:
Custer Company Incorporated, owner of the proposed Thomas Addition, has applied
for a variance of Section 34-124(e) of the Code of Ordinances concerning drainage
design standards. The cited section requires that drainage courses, not associated
with a 100 year floodplain, be carried in an underground pipe system or a lined
channel depending on the amount of water. The applicant proposes to dedicated
drainage easements wide enough to contain 100 year storm runoff and leave the
existing drainage course in a natural condition. The applicant feels that construction
of the improvements, as required by the ordinance, would be cost prohibitive
considering the number and size of lots.
As this is an exaction variance, the Planning and Zoning Commission recommends to
the City Council that the variance be granted due to the following condition being
met.
Criteria for variances from development exactions. Where the commission finds that the
Imposition of any development exaction pursuant to these rEgulations exceeds any reasonable
benefit to the property owner or is so excessive as to constitute confiscation of the tract to be
platted, it may recommend approval of variances to waive such exactions, so as to prevent
such excess, to the City Council. Waiver of developmental exactions shall be approved by the
City Council.
The required Improvements would cost in excess of $120,000 for this development
which will contain five single family lots. All lots will be six acres or larger. The
construction of five homes on approximately 104 acres will have a negligible effect on
drainage in the area. Establishment of the easements will help ensure protection from
flooding of the proposed homes and out buildings as well as adjacent properties.
ATTACHMENT:
1. Preliminary Plat.
PAGE 2
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e : r.n aawx wv X 00'70ro71V 39
4s jai a' SEE 0EWL
14 IN
' & J~V' \Z!O k a a
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owlm~
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tAt ! ~rrrrvi { la wNt'
X61 ? nasiTr MAP
I
■a uu+r N.rs.
}Y t F-- ~ur1
N orsa'ov'c xi6a7 - PRELLNlNARr PLAT
THOMAS ADDITION
a19aa r r..t wrote w pair[ rrwi+i ,J~~ 9r'
a ti
.`bra w a a ' .aoaa `d I . ~p~P
No" nwa n oonw r 11 .a ' awn. LOTS I THRU S. BLOCK A
wrowcr BEING IOI.901 ACRES OUT OF THE
w tir ni a aqua s w uw rw pnuua A THOMAS SURYEr
b u Haar r m iaerlra m urrre nw rrop x mrmoan mun, mra mxr, a+u na
~ mm as x a w a u wni. w r mwa.c _ av ° ABSTRACT NUMBER I210
=rra~i`e F',} Rn a¢aa as~,~c AND THE SAMUEL LW AR SURV£r
m~, m.rr wnmi earn. ABSfRACT NUMBER 761
~a r,~srrsr ,wr . i.r~ v+ la s IN ~sa'~° , rar ~r ~x >tra
.~n~~.--iiT$'- ■ auar nr w mrwr~wa iuaa ~in_ w- n nl .,r.r DENTON COUNTY, TEXAS
u+v~m n rlrro. mrf. nerrw v,rnm
r qa ~.wa la*~i 'noluw i n wQn~ "pro~ fsoaiy m~s°xowl tr~np`fwuma wa40iix ~ovr'iirnrr &1F'
Y~ega Ilw i MYa w V.w nJ+a wN MRt {1 n 16irOYl Y6L NIO IO M.aA~f% rPOS ni~0 ~aO
a •pr 1R .W/ ML glOa la aM01 au111 NMM rOaMr
•Y~ ~a IwYfa~ HAMME'TT & NASH, INC.
BCS 1'-200' a, a:,wr Of ENGINEERS k SURVEYORS
9L
M7t A4Ny0N5 ev: 07/YS/96 ruaw`n,ra a cam--_. aNr Y9657 !6171 167-p5pr ----a[MnN• 1CXAt _--223 i. Ir[xan
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ATTACHMENT 2
PLANNING AND Zuntna , %-Peva .sb, %AON REPORT
DATE: October 1, 1996
TO: Mayor and Members of the City Council
FROM: Planning and Zoning Ca T mission
SUBJECT: VARIANCE TO SECTION 34-116(e), WATER CAPACITY FOR FIRE FLOW FOR
THE THOMAS ADDITION
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
BACKGROUND:
The applicant requests an exaction variance from Section 34-116(e), of the Code of
Ordinances, pertaining to fire flow, for the Thomas Addition. This section of the
Subdivision and Land Development Regulations sr.tes:
Every development shall provide adequate water capacity for fire protection purposes, Unless
buildings in the development are provided with fire protection by means of automatic sprlnider
systems in accordance with Chapter 28 of the Code of Ordinances, each development shall
provide the following minimum water capacity (calcciate.t with twenty (20) pounds of residual
pressure). For low-Intensity resldential use, that capacity Is 500 gallons per minute at 20
pounds of residual pressure.
The request is based on the lack of a reasonable connection between the required
improvement and the proposed development. This "exaction variance" was
recommended to the City Council because the Commission determined that:
Where the commission finds that the imposition of an development exaction pursuant to these
regulations exceeds any reasonable benefit to the property owner or is so excessive as to
constitute confiscation of the tract to be platted, it may recommend approval of variances to
waive such exactions, so as to prevent such excess, to the city council. Waterer of
developmental exactions shall be approved by the city council.
Adequate water capacity could be achieved by connecting to the City's existing 12
Inch water line on F.M. 428, south of Hardee Field Road, which Is approximately
18,500 feet away. At the average cost of $25 per linear foot, the total cost of assuring
adequate fire flow would be approximately $462,000.
ATTACHMENT:
1. Final Plat.
PAGE 4
1f
9
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rr< N 01'SB'09'E 2167,77
: OF
THOMAS ADDITION
rk LOTS I THRU 5. BLOCK A
= =600. 4% w.v .°1vYA'wo,~m "r"v .c ya,~
ma BE/NC 104.101 ACRE'S OUT Of TN£
!r Rr ON C prlq r rI Yr Mr IMAM J. THOMAS SURYEY
Io% r JIM am /lc~ ut aaR .I p` Dr rr mrafden eywr~auM mx+, ew aN ABSTRAC9' NUMBER 1240
«I/r ma rr Im mer an sa m u mm a _ AND THE SAYURL LAYAR SURVEY
N Mpinrta rl'4 • im IMF ~i iT 6°"R °001pM1R iMil~i-.lat I~oI MR. ~x ABSTRACT NUMBER 761
MMI •x~"o" wnr 1 a r~r:'c' rR •rlst r • Ir e. a +ovr mr w-~ In IOwlnem DENTON COUNTY. TEXAS
arn.- Ii W. amr w a+wa.rn Nw In ••~~ul
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•O Y111 OJYlaa1MY mmOlY i p1101 fWR NR1M VYnIO~
LE a•Im >kn HAMMETT & NASH, INC.
BCS I-eE00' =141I cslpmrnn. ae r
' ENGINEERS k SURVEYORS
07/25/96 ~;2"~°'''•r n,.x. 'Jw 29657 (Sol) m7-ows ONION, IC AS 77) W. h1[row
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ATTACHMENT 3
PLANNING AND Zvfvffvta COMMISSION REPORT
DATE: October 1, 1996
TO: Mayor and Members of the City Council
FROM: Planning and Zoning Commission
SUBJECT: VARIANCE TO SECTION 34-116(c), FIRE HYDRANTS FOR THE THOMAS
ADDITION
RECOMMENDATION:
Tha Planning and Zoning Commission recommends approval.
BACKGt+JUND:
The applicant requests an exaction variance from Section 34-116(c)of the Code of
Ordinances, pertaining to fire hydrants, for the Thomas Addition. This section of the
Subdivision and Land Development RegulpJons states:
Fire hydrants shall be a maximum of six hundred (600) feet apart in residential areas and three
hundred (300) feet apart in commercial/industrial areas.
The request Is based on the lack of a reasonable connection between the require)
Improvement and the proposed development. This "exaction variance" was
recommended to the City Council after the Commission determined that:
Where the commission finds that the Imposition o' an development exaction pursuant to these
regulations exceeds any reasonable benefit to tho property owner or Is so excessive as to
constitute confiscation of the tract to be platted, it i• iy recommend approval of variances to
waive such 9xactions, so as to prevent such excess, to the city council. Waiver of
developmental exactions shall be approved by the c%, council.
In order to serve the proposed lots with an adequate amount of fire hydrants, the
applicant would need to provide approximately four (4) fire hydrants at the average
cost of $2,500 each. The total cost of installing the fire hydrants would be
approximately $10,000. If the variance to Section 34-116(e) Is approved, it would be
a moot issue to install hydrants without the necessary water lines. A variance
however, must still be approved in order to waive the hydrant requirements.
ATTACHMENT:
1. Final Plat.
PAGE 6
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$lit } ABS: PACT E 761 k Ss au°`.~^~•y,\ ~~♦y
rom YOrriX[ \ \
s ar4413" 1651,77 - 9 <Y
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YICINlTY MAP
/ N. T. S.
u,ur N 01'58'09'E 2467.77 w,,r ! - FINAL PL.rQT
I
THOMAS ADDITION
~,a`"doY 4 p,±~~,A• Lors ! rNRU 5, BLOCKA
"v~aNQnYe'w'~o wr wsaw.r r~~ BEIND !04.901 ACRES OUT OF THE 1
r.YOi 0ron our r "06"N° °
[r
w n,0 ww . eeYw s ra Isnw u,ewn M rrm vmrmYl4 W"^=VA J. THOMAS SURVIY
ABSTRACT NUMPER 114
[ IM Na[1, 4a4 rYl [neOM t AND THE SAMUIL EL LA MAR SURVEY
,R e m rd ruaY er1 1n r iu WWI` nano owtmw Trrr-- ABSTRI CP NUMBER 761
row ma
'p1 ra n" .oar DENTON COUNTY, TEXAS
w x1~Rqq1w1 NMryr~Yr ~arr~r nor rr~iairn',w'~ rw°o 6,n ~w~iu,'°a r~*nw
1[III/~.rw. M>° Mr . rMi. ,v,ram n wnar mean nN.M oow.orl
~
fq rp IMq fwr il. Itlr f~r~i~j~~wu 1[ fR p~~ ,(~aypr~a w~S~ ~w,/.poaraplvpRmr AIM WNTM~rM
1 MI1OIf i111C{.M a6411OL IOY~ MTI IfalYm
A
M4 O ~10r~10rR1 IG TO
..My~
i4~IM . • HAMME'TT & HASH, INC.
BCS 1 X200' per 2 ENDINEERS & SURVE1bR5
w,w, nau ,IVI 0306 DENTON. TEXAS 27J M._ 7nC1MRY
. 0 07/25/96 ~.'y imai • r.wv. nsrt. n1 r. 29659 (5171 J87-_
ONCE KOS04_
s
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w.~
ATTACHMENT 4
P&Z Minutes :f
September 11, 1996 I., '
Page 12 = .
d. Consider approval of the General Development Plan, consisting of 388.4175 acres, and the
preliminary and final plats of Lots I thru 11, Block A of the Vista Ranch Estates, consisting of
70.561 acres.
Ms. Bateman: The next two variances are also exaction variances. The request is based on a lack
w of reasonable connection between the required improvement and the proposed development.
Adequate water capacity could be achieved by connecting at Masch Branch which is approximately
four miles away. Based on a cost of about twenty-five dollars ptr linear foot, the cost would be over
five hundred and twenty-eight thousand dollars to get fire flow to the property. Concerning the fire
hydrants, this is a moot issue unless you require the fire flow. If fire hydrants were required they
would need approximately eight hydrants at a cost of twenty-five hundred dollars each. The General
Development plan and the preliminary plat can be approved. The final plat cannot be approved unless
the variances are approved. The General Development plan consists of three hundred and eighty-eight
acres whereas the preliminary and final plat consist of seventy acres divided into eleven lots.
Improvements include right-of-way dedication and various drainage utility easements. The final plat
could be approved conditioned on City Council approving the exaction variances.
Ms. Russell: Any questions? So we can vote on these all at once if we are in agreement on the
variances, and if we aren't we can vote on them separately?
Ms. Bateman: Yes.
Mr. Jones: I move we approve the whole deal subject to the approval of the variances by City
Council.
Ms. Schertz: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
XI. Thomas Addition - The 104.3 acre tract is located in Division One of the City of Denton's ET), on
F.M. 428.
a. Consider a variance of Section 34-124(e) concerning drainage design standards.
Jerry Drake arrived at 6:35 p.m.
Mr. Salmon: This drainage variance is very similar to the previous case. Again we are talking about
very large acre rural lots for single family development. Again we have an existing drainage course
running through the property which is not associated with a fiordplan, so we have channel lining and
piping requirements. For the same reasons the applicant proposes not to install those drainage
improvements, however they are willing to dedicate drainage easements wide enough to contain a
hundred year storm. They feel it will provide an appropriate level of protection for any homes that
are constructed in the subdivision. This is an exaction variance so you will be making a
recommendation to the City Council. Staff is recommending that the variance be granted. In this
instance we have five lots on a total of a hundred and four acres. This will really have very little
PAGE 8
Q
F
P&Z Minutes
September 11, 1996
Page 13 I'
effect on drainage in the area. It simply does not justify installing pipe systems and lined channels.
Staff agrees with the applicant in this case that providing the drainage easements will provide
appropriate protection for the proposed homes as well as provide for orderly development of the area
in the future.
Ms. Russell: Any questions? Thank you.
b. Consider a variance of Section 34-116(e) pertaining to fire flow.
c. Consider a variance of Section 34-116(e) pertaining to fire hydrants.
d. Consider approval of the preliminary and final plats of Lots 1 thru 5, Block A of the Thomas
Addition.
Ms. Bateman: Adequate water capacity could be achieved by connecting the nearest water line which
is eighteen thousand five hundred feet away. The cost to do this would be four hundred and sixty-two
thousand dollars. They would be required to have approximately four fire hydrants at a total cost of
ten thousand dollars. The preliminary and final plat cannot be approved if you do not approve the
variances. Public improvements would be right-of-way dedication and drainage utility easements.
DRC does recommend approval of the plats if the variances are approved by City Council.
Mr. Jones: I recommend approval of the whole deal subject to the approval of the variances by City
Council.
Ms. Schertz: Second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. Approved. (6-0)
XH. Consider a drainage easement abandonment at the southwest corner of Audra We and Loop 288.
Mr. Salmon: This particular easement abandonment was initiated by our Drainage Maintenance
Division. It is located in the southwest corner of Loop 288 and Audra Lane. What has happened
here is that there was a proposed development eight to ten years ago and they designed their drainage
easement around their development. When the adjacent subdivision developed they granted that
drainage easement by separate document even though they had not constructed their improvements.
That development was never constructed and since then there have been several different owners.
Th: drainage easement has grown up and become unmanageable and it is a very unmanageable shape.
It is very difficult to maintain drainage with all of those crooks and curv es. We have approached the
owner of the property to see if they would agree to dedicate an easement that would be easier to
maintain. They are agreeable with this and they understand that if they need to move the easement
at a later date they will have to go through this process again. It is a grass lined channel right now
so it would be relatively inexpensive to move if someone decides to develop the property at a later
date. Staff is recommending that the easement abandonment be approved.
Mr. Cochran: I move that we approve the drainage easement abandonment at the southwest corner
PAGE 9
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Aptnda Item
Date 14 - 1 - 9tc
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the bcrein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER JlKQ VENDOR AMOUNT
I
1948 ALL PAVEMENT SPECIALIST INC. S",106,00'
1949 ALL ASH PROPERTIES do SCOTT BROWN S1t,072.00
PROPERTIES
SECTION I . That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION In. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
at thorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
1
r3r. .z,s
SECIM [y. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SEC [ON V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this - day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: _
SUPPMORD
2
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DATE: OCTOBER], 1996
.
CITY COTMIM,. B,E,WRT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1948 - CRACK SEALING OF STREETS
HFCOMMENDATION! We recommend this bid be awarded to the lowest bidder, Pavement
Specialists Inc., in the amount of $66,106.00.
SUNMIARY; This bid is for the crack sealing on numerous City of Denton sUuu. This process
is intended to prevent moisture penetration of the asphalt street surface; therefore, extending the life
of the street.
RACKGROIfNn- Tabulation Sheet, List of affected streets.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTFne Engineering, Street Patching
Division, Citizens of Denton.
FISCAL ENACT- Funds for this program are from 1996 1 97 budget funds for Street
Maintenance.
Respectfully submitted:
Ted Bennavviiides
City Manager
Approved by:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
777.AGZNDA
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DESCRIPTION
STREEC NAME FROM TO
Angeline Bend Ban Gabdd Ban Gabdd
Ashcroft Lana Cobblestone Dad-end
Avon Maxim Stretford-
Auburn Parkslde Georgetown
Bel Avenue Windsor Looust
Sant Oeke Loren MOsr Oakhurst
Brandywine Dsedand Cnfde+eo
Cobblestone Loam Evers pal woo
Copper "a 0skahke Brandywine
Oserwood Parkway Orm Parkway SMr Dome
Dover Avon Sherman Dd"
Even Parkway Windew Daad-end
a Was" ldge Hopson Lary a Paco
Grant Parkway Ferris Rd Dewwood
Heather Wallington Stretford
Hickory Crook Rd FM 2181 Bridge pat
school
Indian Ridge Teasley Lane Smokerl" Circle
Londe Lane Cobblestone Dead-end
Mawr North Cktda Cul4be ao
Manor South Circle CuldHao
Mktty Hollow OstNie Brandywine
Marntedto Rd Hknkory Creek ' Dead-end
Moonlight Twilight Moelnpsida
NortMake Trei Anthem O N&* Gram
Oakhurst DO" Bed Drive sentoeks Drive
Oakshlre Mockingbird Dead-end
Parkaide Amherst W4tdror
Peek Groaner Fannin
Piping Root Dallas Drive San GOIN141
RoOrq FWs Clyde Forrestridge Formaki e
San Gabriel pWQ Rock Bend
Skkam Prakie Robartesn
BmokarI CLde Inden Ridge Its a Ridge
Baedntdge Dart MOW stone"
Sphiguallev Highwvy 380 Dead-end
Stons%M 138 Service Rd flSwAos stowgete Pen evimnie stonpate PanneyFvetde e
Btarnagata Southrld"
BUM Rd Wi dsor Tktder Green Code Forreauldge ge
TwOght awkwe"y Westgate Payne Drive west Oak Bonnie Brae s Rd
wan" Newton Hm
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BID # 1948 Crafca Baum D" Pavomont
BID NAME CRACK SEALING OF STREETS Construction Contractors Specialists
OPEN DATE SEPTEMBER 12, 1996 t
PACE 1 OF 2
li DESCRIPTIONVENDOR VENDOR_ VENDOR VENDOR
i 1. ANGELINA BEND No Bid 52,400.001 SIAS0,00! $1,166.00
2. ASHCROFT LANE 5800.00 5800.001 $204.00
3. AVON $1,000.00 $1,100.001 $636.00
i 4. ' AUBURN 51,600.001 5850.001 $396,00
5. BELL AVENUE 53,000.00 52,100.001 $1,512.00
6. t BENT OAKS 511800.00 S1,250.00 $11858.00
7. BRANDYWINE 51,600.001 51,800.001 $1,764.00
8 COBBLESTONE $1,700.00 51,700.001 $1,940.00
9. I COPPER RIDGE SI,200.001 $900.001 $233.00
~ f
10.! DEERWOOD PARKWAY $800.001 51,200.001 5581.00
I I
11. DOVER 5800.00) S1,300.00!I 5898.00
12. I i EVERS PARKWAY $1,600.001 Si,700.00! S2,016.00
' 1 I
13. FORRES77UDGE $2,000.001 $1,675.001 53,725,00
ii I
1 14. GRANT PARKWAY SI,000.00,1 $1,700.00 i 51,344.00
1S. HEATHER _$1,000.001 $1,600.001 546200
16.1 HICKORY CREEK RD. 1
I $4,000.001 32;!00.001 54,029.00
1 i ~ I
17.. INDIAN RIDGE 5800.001 5800.00 5465100
1 I
18. LINDA LANE 5800.001 5800.00' 5204.00
1 I
19. ! MANOR NORTH CIRCLE 1 51,000.00 5800.00 5110.00
i '
I0. MANOR SOUTH CIRCLE 1 ! S1,000.00 5800.001 $220.00
1 j
i
21. MISTY HOLLOW S800.001 51,000.00, 5545.00
22.1 MONTECITORD $1,000.001 S800.00~ 5792.00
' I I
23. MOONLIGHT No Bid 5800.001 $11800.001 5858.00
24. MORNDYGSIDE S1,800.001 511800.001 S1,165.00
25. NORHTLAKE TRAIL I I 53,000.001 s1.T2s.oo' 51,344.00
26. OAKHURST DRIVE S1,600.001 S1,500.001 S1,916.00
27, OAKSHIRE $1,000.001 S1,800.00, S1,092.00
28. PARKSIDE 53,000.00, - 51,665.00S1,344.00
5
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iBID, M 1948
Crafco Beam D&M Pavement
IBID NAM CRACK SEALING OF STREETS Construction Coptncton SpeclalBts
IOPEN DATE SEPTEMBER 12, 19%
PAGE 2 OF 2
A QTY DESCRIMON VENDOR VENDOR VENDOR VENDOR
29. PEAK S800.00 S1,300.00 f 5528.00
130. PIPING ROCK 51,600.00 518100.00 S637.00
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31. ROLLING HILLS CIRCLE $2,000.00 51,225.00, 55,808.00
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32. SAN GABRIEL 51,000.00 52,522.00 52,688.00
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33. ! SKINNER 51,100.001 51,100.001 $616.00
34. SMOKEIME CIRCLE $1,200.00 5111501001 511244.00
35. SOUTHRIDGE i $I,=00 $51800.00, $7,854.00
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36. SPRINGVALLEY $1 00 1 $1,800.00 51,076.00
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37.. STONEGATE J S1,200.00 51,150.00' 5349.00
38. I STONEGATE I 51,800.001 52,500.00 , $465.00
39. I STONEGATE I 52,000.001 52',27100 $704.00
40. STONEGATE I $2,200.001 $2,775.001 $872.00
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41. STUART RD I f 54,200.001 S4,300.00 5779.00
42 TIMER GREEN CIRCLE $2,000.00 I 51,67100. 5`1912.00
43. TWILIGHT I $1,200.001 S1,800.00 I $165.00
44. _ WESTGATE 54,000.001 $1.390.00 $924.00
43. 1 WEST OAK 52,200.001 51,550.00! _ $924.00
46. 1 WIISON _ $2,000.001 $2,950.001 53,742.00
Totals: $76,400.00 3779187.00 2266,106.00
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DATE: OCTOBER 1, 1996
CTT a COUNCH. REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID ii 1949 - LEASE OF OFFICE SPACE
We recommend this bid be awarded to the single respondent, Ash
Properties do Scott Brown Properties in the amount of $1,506.00 per month for 1 year. Total award
$18,072.00.
SUMMA, Y: This bid is for the lease of approximately 1,665 square feet of office space to house
the Community Development Block Grant offices. CDBG has been occupying this location at 205 N.
Locust for some time. They recently absorbed space left by Main Street in their relocation to City Hall
West. TF•e additional square footage increased the lease payments to over S 15,000.00 creating a bid
situation. We have been renting the space on a monthly basis.
The attached lease agreement has been approved by our :egal staff as well as Scott Brown Properties
and will nm from November I, 1997 - October 31, 1998.
BAJIWIROUND. Tabulation Shee'i Lease Agreement
Community Development Block
,)R GROUPS AFFECTED Grant Division.
EISCALIMPAC - 1996 /97 Budget Funds Account #219-050-CDCO-8518 Rent of Buildings.
Respectfully submitted:
Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
776.AGENDA
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BID N 1949
BID NAME LEASE OF OFFICE SPACE SCOTT
BROWN '
'OPEN DATE SEPTEMBER 12,1996
iM Ty DESCRIPTION VENDOR
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1. 12 MO LEASE OF OFFICE SPACE SIAM.00
TOTAL $18,072.00
ALL UTILITIES
I PAID BY
I LANDLOR
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Sap-17-96 03:39P P.01
Lmmz S iE1f =2 C=T or
DiM'POaf, Ymns MM NCB' MOM PROS 717
I.
PXRTXX8. This Lease is between the City of Denton, 215 8.
Maxinney, Denton, Texas, ("Lessee") and Scott Brown Properties, 205
N. Locust, Denton, Texas ("Lessor") to lease property located at
100 N. Oak, Suite 204, 206, 208 and 210 in the Texas Building
("Property„).
II.
MM. The initial term of this Lease shall oassence on the lot
day at November, 1996, and and on the 31st day of October, 1997.
A new Lease Agreement must be signed by both parties 30 days before
the end of the above term, unless written notice of termination is
given by either party.
~P xrl.
AUM-M NOTICE AM EARLY MOU-M. ~ At least 30 days written
notice of intent to move out must be given to Lessor. In no event
say Lessee's move-out notice terminate the Lease sooner than the
end of the Lease tam unless there is substantial malfunction of
utilities or damages by water or fire, or similar cause as apeci-
fied below under section 8, DAMAGES AND DESTRUCTION.
IV.
SENT. Lessee shall pay One Thousand Five Hundred and Six
Dollars ($1,506.00) per month for rental, on or before the first
day of each month (the due date). If all rent is not paid by the
3rd day of the month, Lessee agrees to pay an initial late charge
of Twenty-five Dollars (625.00) plus a late charge of $1.30 per day Losses
a charge of
agrees Twentyrfiva Dollarssi(025. 0) for each r turned chock.
V.
~io OF PR
o be condit at =
t he time fm ov o t an y it is epected waai at thettime of ove-ame
reasonable wear and tear made during occupancy, and improvements
made prior to occupaftay excepted. yesdes agrees to test smoke
detectors before occupying the property, and is responsible for
notifying Lessor if smoke detectors are not functional throughout
Zeno I's occupanay• Batteries for smoke detectors, AC filters, and
light bulbs will be replaced at Lessee's expense.
VI.
Zl13WUUWX. Lessor shall pay for fire and extended coverage on
the Property.
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VII.
LIABILITY, Lessor will not be liable to Lessee or Lessee's
guests for any damages or losses to person or property, including
theft, burglary, assault, vandalism, or other crimes. Lessor'will
not be liable to Lessee or guests for personal in
to+or lose of their personal property from firs, flc*d, waterdleakk,
explosion, interruption of
utilities, or eotherw occurrences winds unless the damages from these
occurrences are attributable in Lessor strongly recommends that Lessee ecure its own ins to Lessor's negli.
protect against all of the above occurrences.
VIII.
and services AND writing so, Lessee a except Cosa request all repairs
telephone call will be accepted, porkers shall have thecrighht to
temporarily turn off equipment and interrupt utilities to perform
repairs or maintenance which require such interruption. Lessor
I shall keep the foundation, the exterior walls, and the roof in good
repair except that Lessor shall not be required to make any repairs
occasioned by the negligence of Lessee, its employees, subtenants,
licensees and concessionaires. Lessor will make all repairs within
a reasonable time of Lessee's
request.
IR.
DAXW$ AND DESTRUMON. In case of malfunction of utilities or
damage by fire, water or similar cause, Lessee shall notify Lessor
immediately. The Lease shall continue and rent shall not abate
during such periods, unless the damages are substantial. If
damages are substantial, Lessor or Lessee may terminate this Lease
in writing. In this case, rent shall be prorated and the balance
and deposits refunded.
X.
REIMURSUMT. Lessee shall promptly reimburse Lessor for any
loss, property damage, or coat of repairs or services caused to the
Property by negligence or improper use by Lessee or guests. This
includes damages to doors, windows, or screens, repair costs and
damages from plumbing stoppages in lines exclusively serving
Property, and damages from windows or doors left open. Lessor's
failure or delay in demanding damage reimbursement, late-payment
charges, returned checks or other sums due shall not be deemed a
waiverp and Lessor may require payment at any time. wtssor may
require advance payment of repairs for which Lessee is liable,
I .
WMCN LESSOR MAY ENTER, Lessor may enter Property when and if
the rent is more than seven {7} days delinquent
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XII.
CoNTRACTUAL L2EDi AND ABATZMENT. All personal property on the
premises is subjected to a contractual lien to secure payme;Lt of
delinquent rent. In order to exercise contractual lien rights,
Lessor may enter the premises and remove and store all such
' property, provided the resident be present or written notice of
entry must be left afterward.
XIII.
CLZANMG. Upon move-out, the property must be cleaned
thoroughly. If Lessee fails to clean, reasonable charges to
complete such cleaning shall be deducted.
XIV.
PMWM AL. Lesseeps telephone number is (817) 383-7726.
EXECUTED this day of
1996.
C-TTY OF DENTON, TEXAS
BY:
TED BENAVIDES, CITY MANA~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED As TO Lmm FORM:
HERBERT .Zj.-- PROUTY;-cI ATTORNEY
• 1
SCOTT BROWN PROPERTIES
BY:
SCOTT BROWN, OWNER
p \MlDOCi%K%C=. LL%
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Abu idd No,
' Agenda Item
ORDINANCE NO. Date fQ 9~
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND DIf.KERSON CONSTRi fCTlON;
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on 3_5_95, the City awarded a contract for UDA 184Q . SCRIPTi IR E
SIR RPT 20" AND R" WATFR! M in the amount of 51,056,897 and
WHEREAS, the City Manager having recommended to the Council that a change order
be authorized to amend such contract with respect to the scope and price and said change order
being in compliance with the requirements of Chapter 252 of the Local Government Code;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the change order increasing the amount of the contract between the
City and DICKERSON CONS1Rt fM r copy of which is attached hereto, in the amount of
SEVENTEEN TFIOlJSAND SFVFI`rTY THRFF an 75/I Dollars (517, 7 t 75~is hereby
approved and the expenditure of funds therefor is hereby authorized. The contract amount is
amended to read $1,092,936.25.
SECTION I! That this ordinance shall become effective immediately upon its passage
and approval,
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HEBERT L. PROUTY, CITY ATTORNEY
BY:
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DATE: OCTOBER I, 1996
CITY CoIJNCII. R EpDRT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: PLRCHASE ORDER #64553 - SCRIPTURE STREET 20" AND 8"
WATERLINE - CHANGE ORDER #2
RECOMMF&DA LON We recommend that change order #2 in the amount of $17,073.75 be
approved and that the contractor, Dickerson Construction, be authorized to proceed.
S tMMAR3L This change order increases the contract by a total of $36,038.75 (change order #1
518,965.00 approved by Council July 2, 1996; change order 42 $17,073.75 proposed). The new total
will be $1,092,936.25.
This change order will allow for the replacement of an existing 4" waterline on Ponder Street with a
6" waterline consisting of approximately 442' of 6" line with appurtenances.
During the construction of the 20" waterline it was determined that the existing 4" line on Ponder
Street was in very poor condition. Replacement of this line will leave the Panhandle/Egan and
Scripture area with all new lines.
Public Utility Board recommends approval.
BACKGRO aM- Purchase Order #64553 for Dickerson Construction, location map, Minutes from
Public Utility Board.
MUR City of Denton Utility Department,
Dickerson Construction Company.
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El&CALIMPACT; Funds for this change order are available from Water and Sewer Bond Account
#662.081-RB89-R205-9138 and brings the project 3.1% overestimated budget.
Respectfully submitted:
Ted Benavides
City Manager
Approved By:
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Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
774.AdENDA
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CITY Of DENTON CHARGE MEN
D v t on (Oeparttmant) Purchase Order No. J. Change Order No.
Erginserirg S Transportation 64553 2
4. Vase of Project S. Project Acet No. 6. Date Prepared
Scripture-Fulton Upgrade 662-Gal, RS89-1205.9130 July 31, 1996
Name Grid rest o Contractor
Dickerson Construction - P.O. Box 101 - Glen, Tx 55009
0. Oeacription of Work included in contract
Install rwm end upgrade waterline
9. Charges ordared and reason ordered (Litt individual changes as: A, B, C. D, etc.
Install now SIX inch waterline and replace old four inch waterline
10. Sid Original Contract Revised Mepot ated Original Revised
Contract Itaa Estimated Unit Estimated C.O. Unit Istisated Estimated
Chsngea No. quantity Price quantity Price cost cost
A. -B 948 L' $ 1390 LF S 32.75 $30.%8.75 1. 2.16-A 61 EA $500.00 63 EA 1500.00 $30,500.00 !31,500.00
C. 2.13.1-C 12 EA 5450.00 14 EA $450.00 5 5,400.00 S 6,300.00
D. SP-43 27 EA $100.00 28 EA $100.00 5 2.700.00 S 2.000.00
SP-42 8 EA $500.00 9 EA 5500.00 S 4,000.00 S 4,500.00
Total Total
As of Change Order #I
11. OH Strait Contract Price _51.07S.d62.50 Increase in Contract Price _-S 17.073.75
New Contract Price 51.092.936.25 Decrease in Contract Prins N/A
12. Contract time JXXt1tWdtcreeaed by 5 days. New contract teas 105 days.
THE AFOREMENTIONED CHANGE, AND YORK AFFECTED MEREST, 18 SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
13. ISSUED FOR REASONS INDICATED PAM-.
7err~G. ~
an Superv war gate
14. ACCEPTED SY CITY ENGINEER:
tune Title Date
15. ACCEPTED By commAcroa,
Signature f tae Date
16. ASSISTANT CITY MANAGER
S gneture Title Date
DIRECTOR OF UTILITIES:
Signature title Date
CONDITIONS OF APPROVAL:
17. PtMRCNASIMG/FINANCES _
Signature Title Dote
COUNCIL APPROVAL (If needed)
AEE00399 Date
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CITY OF DENTON, TEXAS
901-B TEXAS STREET oENTOV. TX 1620:
.NUMBER PURCHASE ORDER
DATE/VENDOR NO. DOCUMENT Ty?c
64553 04-10-96 C25 S
DIC52500
DICE RSON CONSTRUCTION INC CONFIRMATION ONLY C25
ENGINEERING
P.O. BOX 181 221 N. ELM
CELINA TX 75009 DENTON, TX 76201
NOTE: THIS ORDER WAS MODIFIED
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUNT
Of 662 081 8889 R205 9138 0.00 SCRIPTURE - FULTON UPGRADE 1,056,897.5w'
WATERLINE CONSTRUCTION
02 662 081 R889 R205 9138 0.00 CHANGE ORDER N1 18,965.00
03 662 081 R889 R205 9138 0.00 CHANGE ORDER #2 17,073.75
TOTAL FOR P.O. 1,092,936.25
The City of Denton, Texas is tax exempt-House Bill No. 20.
Reference PA. Number on all B/l. Shipments and Invoices.
Shipments are F.O.B. City of Denton. or as indicated. By
Purchasing Division
R.R. Number Items Received Date Voucher Number Amount
PURCHASING
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SHEET II
6" WATERLINE
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co C4}ANGE OR"R
wo. 2.
4 SHEET 12 \41A-re RL!NE
EkTeN51oN
:CA, orVR 6 8 WATER LAA
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PUBLIC UTILITIES BOARD
MINUTES EXCERPT
10. CONSIDER APPROVAL OF CHANGE ORDER NO.2 FOR THE 20 INCH
WATER LINE PROJECT ON SCRIPTURE IN THE AMOUNT OF $17,000 .
Mr. Coplen made a motion to approve the item. Mr. Norton seconded the
motion, all ayes, no nays, motion passed unanimously.
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Agenda item__~
ORDINANCE NO, Date
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STAT.S LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE EMS; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding S 15,000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public
health or .safety of the citizens of the city, or in case of unforeseen damage to public property,
machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary to
purchase goods or services due to the following emergency conditions outlined in the memorandum
attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECUOLII. That the City Council hereby determines that there is a public calamity that makes
it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve
the property of the city, or to protect the public health of the citizens of the city, or to provide for
unforeseen damage to public property, machinery or equipment, and by reason thereof, the following
emergency purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
67400 MIDWEST TOWER, INC. $13,507.00
SECTIQNII. That because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the Pmounts therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such purchases
by the City from the requirements of competitive bids.
T
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TIO~C iJI. That this ordinance shall become a :fective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of _ , 1996.
JACK MILLER, MAYOR
ATTEST:
JEN14IFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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DATE: OCTOBER 1, 1996
C1TV rp nvrn FR pnRT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER #67400 - MIDINEST TOWERS INC.
CHANGE ORDER. tj
RECOMMENDATInN" We recommend this change order #1 be approved to Midwest Tower Inc. in the
amount of S 13,507.00 and the contractor be authorized to proceed.
SI1T1MAHY., During a severe storm, Sunday, August 11, 19%. Unit Four cooling tower sustained damage
to the 4-2 cell fan stack. The stack was destroyed beyond repair and a new stack was installed under
purchase order #67400 in the amount of $14,989.00 with Midwest Towers Inc. The repair was expedited
to restore unit capability.
During installation of the stack contract crews discovered damage to the blades of the fan assembly. Cracks
were identified on the upper surface of the blade foil. Operad)n under those conditions is not tecommended
as employee safety and damage to the new stack are at risk.
Fan repair options include replacement of the fan blade elements or installation of a new fan assembly.
Replacement of the original configuration blade assembly or installation of a new fan assembly could be
supplied by Marley, the supplier of the tower. An altermarket fan assembly is available at cost less than
either Marley option. Midwest Towers Inc. has access to the aRennarket fan assembly and can provide
expedited shipment and installation. Midwest performed the stack installation and is under contract under
a separate purchase order to perform extensive structural repairs to this tower. This r range order will fund
an atiermarket fan assembly and expedite necessary repairs to allow restoration of unit capability.
The new contract amount will be $28,496.00. The repair of this unit has been determined to be an
emergency repair and exempt from the bid process as per Chapter 252 of the Texas Local Cwy=mmentat
Cade.
BACKGROUND: Quote from Midwest Tower inc.
PROD AM , D PARTMEN1S OR CROIrPS AFFECT ,n, City of Denton Electric Production
Facility; Midwest Towers Inc.
FISCAL IMPACT This change order will be funded from 1995/96 budget fund for maintenance of the
Electric Production Facility, Account #610-101.1011-5130-8339.
Respectfully submitted:
Ted Benavides
Approveed-Br City Manager
Name: Tom D. Shaw, C.P.M.
Title: Purchasirg Agent
775.AGENDA
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Midwest Towers, Inc.
"Quality and Service with Integrity"
Hwy. 19 East P.O. Box 1465
Chiclmshs, OK 73023
4054244622 Fax: 405MA 4625
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FAX TRANSMITTAL
Name: Jim Thane Com : City of Denton
DAte: September 13 19% Number ofRam: 1
Phone: 817-383-7551 Fax: 817-383-7555
Sub ect: Hudson Fan Assembl Pro MT-R-6109
In response to your tVW for supply and installation of a Hudson fan aas=bly
for the Wit 4 cooling tower, we submit t}.e following.
Supply and install one (1) each Hudson products model APT-28H•8 blade, high
efficiency fiberglass fan assembly complete. Iacluded will be HDG hub custom
bored to fit Marley Sear box, 8 each fiberglass fan blades, fiberglass carter seal
disk and all necessary attaching hardware.
Materials S 99592.
Freight S 375.
Labor 8t Hoisting S 3,540.
TOTAL INSTALLED PRICE S 13v507.
If you should have any questions, please do not hesitate to give me a call.
Regards,
TERRY G. OGB
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Agenda No,
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Agenda Item
Date-
CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E WKINNCY • DENTON, TEXAS 76201
(817) 566-8200 • DFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor snd Members of the City Council
FROM: 'Fed Bezovides, City Manager
DATE: October 1, 1996
SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE APPLYING FOR MEMBERSHIP IN
THE ELECTRIC RELIABIL.iTY COUNCIL OF TEXAS.
RECOMMENDATION-
The Utility staff recommends approval.
SUMMARY:
The Electric Reliability Council of Texas (ERCOT) has recently amended and restated its arti.les of
incorporation and adopted a new set of bylaws. This action rquires that all electric systems who are
to be part of the new restructured electric industry in Texas reapply for ERCOT membership under
the new aiticles of incorporation and bylaws. Denton has been a member of ERGOT since its
inception in approximately 1968.
BACKGROUND:
ERCOT has been the organization responsible for statewide coordinated electrical generation and
transmission planning and operation assuring Texas a reliable electric system. ERCOT will take on
the added role of serving as the statewide Independent System Operator (ISO) which will be
responsible for dispatching and scheduling electrical power transactions in the state beginning
approximately January 1, 1997.
Tire existing ERCOT Governing board consisted of 14 members, four of which were municipal
electric systems-Austin, San Antonio, Denton (1'MPA) and Brownsville. The new board will have
18 members which will include power marketers, independent power producers, and transmission
dependent entities in addition to the existing membership classifications of investor-owned utilities,
manic;pal and rural cooperative generation and transmission utilities. The munic; )al system's goal is
to retain four members on the governing board in order to he a part of the decis'on processes that will
affect how the restructured electric system in Texas will operate in the future. 'the municipal systems
and most of the existing ERCOT members want to have operating rules to assure a reliable electric
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"Dedicarcd to Quality Sen•ice"
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City Council Report
Page 2
service, unlike the blackouts in the Western Coordinating Council area of the U.S. (California and the
Pacific Northwest) this past sr.mmer which were caused by poor operating rules.
The cost of membership in ERCOT is $10,000 plus Denton's proportionate share of the $5 million
operating budget which is $14,113.54. It is anticipated that much of the $14,113.54 share cost will
be covered in future years by dispatch transaction fees of $.IS per megawatt.
FISCAL IMPACT:
Membership fee of $10,000.00
Budget residual $14.113.54
$24,113.54
RESPECTFULLY SUBMITTED:
Prepared by: Ted Benavides
City Manager
Bob Nelson
Executive Director of Utilities
Attachment:
AAA04BAB
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~ t IfADOCf \OAD ~ A cor . awm
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY OF
DENTON, TEXAS TO EXECUTE AN ELECTRIC RELIABILITY COUNCIL OF TEXAS,
INC. MEMBERSHIP/FUNDING AGREEMENT, BETWEEN THE ELECTRIC RELIABILITY
COUNCIL OF TEXAS, INC. AND THE CITY OF DENTON, TEXAS; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; RESOLVING OTHER MATTERS
INCIDENTAL AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has been a member of the
Electrio Reliability Council of Texas, Inc. ("ERGOT") since 1969.
ERCOT is a Texas non-profit corporation formed for the purpose of
promoting the reliable operation of power systems; generally by
exchanging information concerning the planning and operation of
generation, transmission and distribution facilities; and
WHEREAS, on September 12, 1996, the membership of ERGOT voted
to adopt proposed changes in the ERGOT Articles of Incorporation
and Bylaws that require existing members to complete a now
application for membership, in the form of an Electric Reliability
menCoutncil of
ERCOT at that time made dramatic charges relative N to its
:member voting and the funding of its operational and
WHEREAS, the City of Denton derives substantial benefit and
advantage from its continued membership in ERGOT; and
WHEREAS, the City desires to continue its membership in ERGOT
and accordingly desires to approve the Agreement as presented to
the City Council at the meeting at which this Resolution is
considered; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION I. That the Electric Reliability Council of Texas
Inc., Membership/Funding Agreement, a copy of which is attached
h
between ereto as Exhibit`. "A" and incorporated herein for all purposes,
substantiallyr the ad the form and t content as set forth in hereby A; and
that the Mayor is authorized to execute the same.
SECTION Ir That the expenditure of funds as authorized in the
agreement is hereby authorized.
SECTION IiI. That this ordinance shall become effective
immediately upon its passage and approval.
c
PASSED AND APPROVED this the day of , 1996.
r
JACK MILLER, YOR
ATTEM
JENNIFER WALTERS, CITY SECRETARY
BYc
APPROVED AS TO LEGAL FORMt
HERBERT L. PROUTY, CITY ATTORNEY
BY: rrr r"~
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ELECTRIC RELIABILITY COUNCIL OF TRXAS, INC.
MBMBSR6HIPIPUNDINCi AGRE&MENT
This Agreement is made, enured into, and effective this dos of _ ._.,199, by
and between Electric Reliability Council of Texas, Inc. (heredbr "ERGOT') and
- (hereafter oalled 'Membee), whose address is
In consideration of
the mutual oovenanu contained herein, the parties hereby Agree that Member shall be eligible for
memberslap status in ERGOT subject to the following terms and condition:
1. Membership. Matttbarshlp In ERCOT is open to any entity which assets say
of the nwkot group definitions set forth in the Bylaws, A corporation or other legal
busleees wOUy n*y apply for membership through an authorised officer or agout.
L }Ending, ERCOT Mall be funded by all wholesale market partlo1pswt. In the
access fees, fill) "np~nnad tro({Wanton lae*6
TraamfMiennh► Y"Wlon rNetwork voting and
and (iv) load ratio share alloeatlona, all of which wIA be fined from tone to time by the
Hoando}Directors In accordance with theprovtrfonsw it forth in the Bytom
A Voting and Non-Voting !Membership PkY. M initial voting membership fie to
1 10,000 per year and the nonvoting membership foe 4 0900 per year. TAa Posing or
billed atnnuot~ a doskatl be paid
Mile t rrotntant, T7tPfaftarrmth#firl year embeership fires will afmambershlip
within thirty (60) days fouow(rtg rewtpe of a seatsrme„t. or as othoreelse jamma-lbod by eke
*hwas,
d, ETIN Acme Foe. The initial ETIN accent fee is 6)AM per year pr oath
regivirod @Ilo Skeniew. Subscribers ;*he, for
multiple altos, wRi pay a~accesstAd of 110,000 a per dte.r no required desire ateeoe fee
shall bepayable In twelve (1R) squat monthly fnotalimentei the firatof which shall be trade
upon itmollon of Shia Agreement. Rea"aly accen will be avalleble pursuant to
applicable FBRC guidelines. 11 to intended that the ETfN stall, to the maximum octet
practicable, be ntf-funding, and It Is hW intended that RTlN access fees will oabstdlse
o0arENCOT operotlona Therefore, If. as, and whenpotd-In BTIS aoeeea fns exceed the
mmuel ETIN budget during any, fiscal year, monthly ETIN access loss forth* rrraaindor of
that fiscal year may, in the Hoard of Dlrectore'sofe discretion, be eliminated or reduced an
ith 1#eapotd 6 ~unexfoe t rob rlbera),
elimin io baste (litenass who wfltpay a prorated aueesos fee conrlete t period
6. Unplatatd Tlauaclion Fat. An unplanned tra aattlat for of IS cents (10.16)
per megawatt hour shall be assewd against all unplanned tronsactlono. Vnptarsned
transactions are defined as any unplanned transactions except utility purchases of non-
firm power (as that term fa used In PVC Rvia 14.66) from qualiMag facilitloa At the time
an unplanned transaction to scheduled, the parties to the transaction shall advise the
Independent 9yosom Operator ('1190") of the name of the party having rave for
payment of she unplanned transaction fee.
6 goad Ratio Share Allocation. In addition to the feregolng fees and charges,
funding shalt also be provided by atilittee in the form of load ratio share aliocatlons. Such
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payments will Initially be reeponelble for funding that portion of the Board-approved
budget that is not collected through the fees described in paragraphs 4 d, and 6 above. All
unplanned transaction fees up to, but not exceeding, one-thb+d of the annual Boand-
optoroved budge! shall 1w uredlood back to the utilities on a load ratio short boats as an
offset to the utillites' load ratio than allocations. Unplanned transaction fees exceeding
one-third of the budget will be allocated between credits to tht utilities (80 percent on a
load ratio share basis) and the MN budget (8O psnent).
7. CAcwges is Bea. The Board of Directors will be rownsible for setting the
maembaship fees, $TIN acerna feeat unplanned transaction fees, and load ratio share
ollotatlonh and may raise or lower the ;as and charges at any time, subject to the
restrictions set forth in the Bylain Such increases or decreases shall automatlcolly
beoomo effeclfce as to all Members without the necesfily of amending IhlsAgrtement.
d. ApplimWit for MunberoUp. The applying entity will submit the 161towlng
lams with the application for nwmbership: a completed nt mbershlp application fount
and (H)parysunt of the voting or nonvoling memberohip fees for the fish year of
memberahlp. Upon approval of the applkation, the Secretary will promptly ne tJy the
applicant of the some and will issue a certificate of membership on which the some of the
dsslgnatfd rwAmantottve of the Member will be rioted.
A Change of 1lesisrtated Repneentat w. A manber may change Its representative
at any time by written rovuetl (signed by a duty authorised representative of the Member) to
the Searle".
10. Biliiiag. lkwo and feet assoned and charges Incurred by a Member shall be
billed to the X mW.
11. Suspension oral Ezpuisan, Any Memeor who willfully Wolusta arty proofalon of
this Agrevownt;, the *Iow4 or any other rule or regulation duly adopted by IM Board of
Dhwlor% ntgy be reprlmanakd, ouvended, an"r expelled by "it of the board of
Directors. Sack action will affect all persons dtrlving msmbn441p privileges through such
Nesaber.
10, Amendment. Thee Agreemont may be amended, moc(4U4 ewpsrstdod,
canceled, ronowed, or oxientled and the forms and conditions hereof may be waived only by
a written Instrument executed by both partial hrrtto or, In the can ofa wefven by the party
malviag compliance,
IN WITNESS WHEREOF, tha partina have caused this Agreement to be oxecuted as of the
day aid year first aeritun above.
RLtCmtle RiLtmuTY COUNCIL or Twm,
Im (Company) -
By: H1.
ntk: Executive Diroctor Title: _
k
Aqenda No.
9.4
Agenda Rem
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CITY COUNCIL REPORT FORMAT Data
DATE: September 16, 1996
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Amendment to Sections 34-41, 42 and 43 of the Code of Ordinances
concerning development contracts
RECOMMENDATION,
Planning and Zoning Commission recommends adoption of the proposed ordinance
SUMMARY BACKGROUND;
Amendment to Sections 34-41, 42 and 43 will extend the life of the required
performance bond concerning public improvements to one year after completion of
the improvements and eliminate tkie requirements for a payment bond and
maintenance bond. Also limits the use of an escrow accrunt in lieu of
performance bonds to projects under $15,000. Making these amE.idments will make
our ordinance compatible with state law. It eliminates the requirement for
maintenance and paymfrt bonds thus reducing developer costs. These changes will
also reduce paper wort clarifying and simplifying escrow requirements.
PROGRAMS. DEPARTMENT3, OR GROUPS AFFECTED::
Engineering and Tra,iaportation Department
Contractors
Developers
FISCAL, IMPACT
Reduction in cost to contractors and developers dui to lesser bonding
requirements..
RESPECTFULLY SUBMITTED:
Te Benav es
City Manager
Prep d by:
\ Dav Sa m
Senior Civil Engineer 1J
Approved:
A C ar -
tor o Engineering & Transportation
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ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 34-41, 34-42, AND 34-43 OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE A NEW PROCEDURE FOR
DEVELOPMENT CONTRACTS ELIMINATING THE REQUIREMENT OF A PAYMENT BOND
AND A PERFORMANCE BOND; AND TO PROVIDE FOR A ONE YEAR WARRANTY ON
PUBLIC IMPROVEMENTS FROM THE DATE OF FINAL COMPLETION AND FOR OTHER
CONDITIONS AS STATED HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has recommended that various
changes be made to the standard development contract and the de-
velopment procedure to expedite the process, including the eli-
mination of the payment bond and the maintenance bond; and
WHEREAS, the City Council has determined that these changes in
procedure are in the public interest and are consistent with the
competitive bidding laws and wishes to amend subchapter C, "De-
velopment Participation in Contracts for Public Improvements" of
the Code of Ordinances of the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section 34-41 "Contents of Development Con-
tract" of the Code of Ordinances of the City of Denton is hereby
amended to read as follows:
Sea. 34-41. Contents of Development Contract.
i The development contract shall be in a form and contain provisions
deemed necessary by the city engineer, as approved by the city
attorney, to ensure proper construction and completion of the im-
provements, that payment is made therefor and compliance with the
provisions of this chapter. The contract shall contain, but not be
limited to, the following provisions:
(a) Description and coat. A description of the improvements,
their location and the contract price thereof or, if
there is no contract amount yet determined, the estimated
cost thereof certified by a registered engineer and ap-
proved by the city engineer. The contract must establish
the limit of participation by the city at a level not to
exceed thirty percent (30k) of the total contract price,
in accordance with Tex. Loc. Gov't Code 5212.072.
(b) Specifications. That the improvements will be construct-
ed in accordance wit% the provisions of this chapter and
the standards and specifications applicable to the city's
puvlic works projects.
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(c) Inspection and orders. That the contractor and subcon-
tractors will cooperate with and abide by the orders of
the city engineer, executive director of utilities, and
city inspectors in constructing the improvement. All the
developer's books and records related to the project
shall be available for inspection by the city.
(d) insurance. That the owner or contractor will comply with
the insurance requirements applicable to the city's
public works project and provide certificates evidencing
such insurance coverages to the city engineer.
(e) Performance bond. That the owner or contractor shall
provide a performance bond as required by Tex. Gov't Code
Ann. 52253.021 (Vernon Supp. 1996, as amended) and
5212.073 Tex. Loc. Gov't Code ann. (Vernon Supp. 1996, as
amended) and in conformance with the most current edition
of the Standard Specifications for Public Works construc-
tion adopted by the North Central Texas Council of
Governments (NCTCOG), as amended by City, in the amount
of one hundred (100) percent of the cost of constructing
the public improvements. The bond shall be furnished on
the form provided by the City of Denton which shall in-
clude a provision insuring the repair and replacement of
all defects in the improvements due to faulty materials
and workmanship that appear within a period of one (1)
year from the date of acceptance of the improvements by
the City. The performance bond shall be issued by a
surety company authorized to do business in the State of
Texas and acceptable to the City of Denton. If the cost
of constructing the improvements is $15,000 or less, the
City may execute an escrow agreement with the owner or
developer instead of a bond conditioned on the faithful
performance of the improvements and insuring the repair
and replacement of all defects in improvements due to
faulty materials and workmanship that appear within a
period of one year from the date of acceptance of the
improvements by the City. Cash money in the amount of
the cost of completing the improvements and sufficient to
fully insure the City against defects in materials and
workmanship, as determined by the city engineer, may be
deposited with a bank as escrow agent pursuant to an
agreement, the form and provisions thereof to be approved
by the city engineer and city attorney, to insure
completion of the improvements and to insure the City
against defects in materials and workmanship.
{f) Require^P7ts of sureties. That the requirements for
sureties to i9sue bonds and the standards for additional
or substitute bonds as set forth in NCTCOG standards
referenced above are incorporated into this section for
all purposes and shall be controlling in all aspects
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unless in conflict with the terms set forth in this
section.
SECTION Ii. That Section 34-42 "Miscellaneous Documentation
Requirements" of the Code of Ordinances of the City of Denton is
hereby amended by amending subsection (a) thereof to read as
follows:
Sec. 34-42. Miscellaneous Documentation Requirements.
(a) Affidavit of contractor. The city engineer may require
the owner or contractor or both to furnish a list of all
contractors and subcontractors who performed labor on or
persons supplying material for the improvements and shall
require a written release of all claims from any such
person prior to acceptance of the improvements.
SECTION III. That Section 34-43 "Construction Inspection" of
the Code of Ordinances of the City of Denton is hereby amended by
amending subsection (a) thereof to read as follows:
Sec. 34-43. Construction Inspection.
(a) Construction inspection and acceptance. The developer
shall cause his engineer to design, stake, and help
interpret the plans during construction of improvements
and shall cause his contractor to construct the improve-
ments in accordance with the chapter and engineering
plans. The approved engineering plan shall be so marked
on the face by the city engineer. The city engineer
shall inspect any and all phases of the construction of
improvements for subdivisions and shall make a final
inspection at least thirty (30) days before the one year 1
warranty period on the performance bond expires. If
defects in materials and workmanship are discovered as a
result of this final inspection, the engineer shall im-
mediately, in writing, notify the developer, the develop-
er's contractor, and the surety on the performance bond
of the defects. The subdivider or his contractor should
maintain daily contact with the city engineer during con-
struction improvements. No sanitary sewer, water, or
storm sewer pipe shall be covered without approval of the
city engineer. No flexible base material, subgrade
material, or stabilization shall be applied to the street
subgrade without the approval of the city. No concrete
may be poured nor asphaltic surface applied to the base
without the approval of the city. The city engineer may
at any time cause any construction, installation,
maintenance, or location or improvements to cease when,
in his judgment, the requirements of this chapter or the
standards and specifications as hereinbefore provided
have been violated and may require such reconstruction or
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other work as may be necessary to correct any such
violation.
SECTION IV. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof 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 the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION V. That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict only. The non-conflicting sections, sentences,
paragraphs, and phrases shall remain in full force and effect.
SECTION Vi. That save and except as amended hereby, all the
sections, sentences, and clauses of Chapter 34 of the Code of
ordinances of the City of Denton, Texas shall remain in full force
and effect.
SECTION Vii. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 2996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. P?R-ODUTY, CITY ATTORNEY
BY: / C~~t~E WL
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MEMORANDUM
DATE: August 20, 1996
TO: Planning & Zoning Commission
FROM: David Salmon, P.E., Senior Civil Enginee 41
SUBJECT: Amendment to Chapter 34 of the code of Ordinances
concerning Development Contracts and Bonding Requirements
Due to an Attorney General's opinion and in a continuing effort to
streamline the City's development process, staff is recommending
several changes to the City's Development Contract process.
Section 212.071 of the Texas Local Government Code requires the
execution of a development contract whenever a contractor is
proposing to construct public improvements that will be dedicated
to the public. The parties involved are the contractor, the
owner/developer and the City.
In the case of a new subdivision, the plat may not be filed until
the development contracts have been executed and bonds provided.
Under Texas Government Code 2253 subchapter C, the City must
require a performance bond in an amount not less than 100% of the
cost of construction of the public improvements. A payment bond
may be required, but it is not a must. An affidavit of payment may
be substituted for the payment bond; however does not provide the
same level of protection as the payment bond. If the performance
bond and contract are drawn properly, the surety on the performance
bond must correct any defects in workmanship for a period of one
year from final completion of the project. In that instance, a
separate maintenance bond becomes redundant.
Attached is a chart comparing current development contract
requirements with the proposed requirements as well as a draft
ordinance, a copy of the revised Development contract, Bond and
Escrow documents. The reasons behind the changes are as follows:
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P & Z Amendment to Code of Ordinances
page 2 of 3
1. The current performance bond is only held until the project
is complete and is not required if building permits are not
issued prior to completion of improvements. By extending the
performance bond to one year after completion of the
construction, the maintenance bond may be eliminated. The
100V performance bond affords the citizens of Denton much
more protection than the 10V maintenance bond. The
contractor has one less bond to purchase. According to the
Texas Government Code, cities must require performance bonds
to guarantee construction in all cases. Our current practice
of not requiring them under certain circumstances is
inconsistent with state law.
2. Reducing the escrow agreement limit from $50,000 to $15,000
will eliminate concern with a possible conflict with the
State's competitive bidding law. Realistically, any
contractor or developer that can put over $15,000 in escrow
shouldn't have a problem obtaining bonds. History has shown
us that most of the contractors or developers that have used
the escrow option use it for projects of less than $5,000.
on only a few occasions has an escrow over $15.000 been used.
3. Payment bonds protect the citizens of Denton in the event
that a contractor does not pay a material supplier or
subcontractor. State Law does not require that cities
receive a payment bond. In addition, the affidavit of
payment certifies that the contractor has paid all applicable
parties. Eliminating this bond saves the contractor money.
As long as the City receives the affidavit of payment, the
City can demonstrate that it made a reasonable effort to
ensure that all parties were paid. This does not afford the
citizens the same level of protection, but the City's legal
staff feel the risk is slight.
In summary, although the purpose and life of one bond is
being extended, two other bonds are being completely
eliminated which will save time and cost associated with
processing development contracts. Requiring performance
bonds in all cases and reducing the escrow limit to $15,000
will bring our process in compliance with state law. All
changes combined will make the City of Denton's development
contract process more consistent with other cities in Texas.
ABE00797
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P & Z Amendment to Code of Ordinances
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Document Current
Proposed
Development Contract Required for all
developments that Same as current except
propose public wording changes in
im rovement reference to associated
bonds
Performance Bond Worth loot of
construction cost of Worth 1 of
public construccti construction coat of
improvements. Public improvements.
Held until project is Held for 1 year after
complete. completion of
project.
Escrow agreement may be Escrow agreement may be
substituted if cost of substituted if cost of
improvements is less improvements is leas
than $50,000. than $15,090.
Not required if no Required for all
building permits are projects.
issued before public
improvements are
com late
Payment Bond Worth loot of
construction coat of Eliminated
public improvements.
Held until project is
complete and affidavit
of payment provided.
Escrow agreement may be
substituted if coat of
improvements are less
than $25,000,
Not required if no
building permits are
issued before public
improvements are
complete,
Maintenance Bond Worth lot of
construction cost of Eliminated
public improvements.
Held for one year after
completion of project.
Escrow agreement may be
substituted if cost of
improvements are leas
than $25,000.
Required for all
ro ects.
Affidavit of Payment Required for all
projects Required for all
projects
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August 28, 1996
Page 8
Mr. Robbins: Yes for Council, by charter. That is not state law, it is our charter.
Mr. Cochran: I move we recommend approval to the City Council on proposed annexation of a
96.78 acre tract located north of Mingo Road and west of Cooper Creek Road, A-72.
Mr. Moreno: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
VII. Hold a public hearing and consider making a recommendation to the City Council with regard to the
proposed annexation of a 29.115 acre tract located north of Blagg Road and east of Geesling Road.
(A-73)
Ms. Russell opened the public hearing.
Mr. Persaud: This twenty-nine acre tract has been platted into seven lots earlier this year and
according to our Subdivision Regulations any IaM that is platted into five of more lots must then have
an annexation study done. We did that study and took it to Council and Council felt that we should
proceed with annexation. We have had the first two public hearings with the City Council and I have
met with the landowners. We are here for your recommendation tonight.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition? We will close the public hearing.
Mr. Cochran: I move we recommend approval of the proposed annexation to the City Council of
29.115 acre tract located north of Blagg Road and east of Geesling Road, A-73.
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Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
VIII. Hold a public hearing and consider making a recommendation to the City Council regarding
amending Section 34-41, 42, and 43 of the Code of Ordinances concerning Development
Contracts.
Ms. Russell opened the public hearing.
Mr. Salmon: As most of you are aware when someone comes in with a plat and there are public
improvements associated with the plat, before that plat can be filed they are required. to enter into a
development contract with the city. Sometimes that process is somewhat confusing especially if the
contractor and developer have not done them before. Our process is relatively consistent with other
cities In the metroplex. Even so, sometimes it can be very untimely and sometimes the developers
forget about the development contract until they come in to get a building permit. With that in mind
and with a recent attorney general's opinion, we felt that it was necessary to make some changes to
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our development contract process. We are trying to make it be more in line with state law and to also
making it a little quicker, easier, and less expensive to do for the developer and contractor. I would
like to highlight the differences between our current process and what we are proposing.
Development contracts are required for all developments that have public improvements associated
with them. The actual contract is going to have to be changed somewhat in terms of the wording as
it refers to the different bonds that we require. We are also changing some of the bonding
requirements. We currently have a practice of not requiring any bonds if a developer builds all of
the public improvements and has them accepted and completed prior to asking for any building
permits. Not very many peopie use that option. That is probably the biggest thing addressed in the
attorney general's opinion and his opinion is that cities are supposed to require development bonds
in all cases, so we can not offer that as an option for the developer. They simply have to supply us
with a performance bond, whether or not they intend to request building permits. The performance
bond is worth 100% of the construction costs of the public improvements. Currently we hold that
performance bond for a period until the improvements have been completed and accepted by the city.
We are proposing that we hold it for one year after the completion of the project. That is one major
change. We do allow a developer and/or contractor to put up an escrow account in place of a
performance bond if the amount of public improvements is less than fifty thousand dollars. On a
recommendation from our legal staff we are proposing to reduce that amount to fifteen thousand
dollars, so there still is an escrow option, however it would only be used if the amount of
improvements was less than fifteen thousand dollars. We currently require a payment bond in
addition to a performance bond which is also worth 100% of the construction cost. Again we hold
that until the end of the project. Developers can put up an escrow account also in lieu of that bond.
We currently don't require that if they are not going to request building permits. We don't have to
require that bond. State law doesn't require it so we are proposing to eliminate the requirement to
post that bond or escrow. We currently require a third bond called a maintenance bond which is
nominally put up at the end of the project. It is worth ten percent of the total construction costs and
we hold it for one year after the project has been completed. The developer can put up an escrow
account in place of the maintenance bond if they wish to do so as long as they fall under the twenty-
five thousand dollar limit. We require that on all projects that have public improvements involved.
Because we are proposing to keep the performance bond for one year we are proposing to eliminate
the maintenance bond. One thing that somewhat takes the place of the maintenance bond is an
affidavit of payment which we currently require. We will still require an affidavit of payment at the
end of the project. Basically an affidavit of payment is a form that we have where the contractor
certifies that all of the materials suppliers and all of the subcontractors have been paid. If a contractor
or developer doesn't pay his suppliers or subcontractors and the city accepts the project, there have
been cases where those suppliers and subcontractors have sued the city for that payment. We feel that
we have to have something for the city's protection and the citizens' protection. We have some
reasonable assurance because the affidavit of payment at least shows that the city has made an effort
to make sure that it was done. Staff is recommending that these changes be made to our process.
Mr. Cochran: Can you think of any examples of worse case scenarios where the suppliers and
subcontractors were not paid?
Mr. Salmon: I don't think that has happened in Denton in recent years. Typically that is what a
payment bond Is for. The city holds the payment bond until it knows that everyone has been paid.
A payment bond provides more protection than an affidavit of payment does. An affidavit of
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August 28, 1996
Page 10
payment doesn't really provide protection, it just shows that the city has gone to the effort of trying
to make sure that the developer has paid everyone and he is certifying that he has. So if a
subcontractor or a supplier tries to come back at the city then we could at least show where the
developer has certified that he has paid his people,
Mr. Drake: Part of the issue that we are trying to deal with here is to include a warranty and an
indemnification in the language of the development contract itself to help mitigate that impact.
Clearly it would be best to continue to require the maintenance and the payment bond. The issue is
that staff is trying to streamline the process and trying to minimize the burden aaJ expense upon
developers. I think that when the city attorney reviewed this he felt that provided we ;rake a number
of changes to the performance bond to bring it more in line with perfommance bond requirements,
make a number of changes to the ordinance itself and to the development contract to proN ide for these
warranties, and to provide for a one year warranty period afterwards, that it v outd mitigate the
impact of eliminating some of these other bonds.
Mr. Cochran: I think that the goat of streamlining the process is a good one. I would hate to see us
exposed in any way though.
Ms. Russell: This has gone by legal?
Mr. Salmon: Yes, we met with Herb Prouty. We discussed the basic concepts and the legal
department has prepared the draft ordinance that you have in your backup. They have also helped
prepare the bond documents and the contract documents.
Mr. Cochran: Where did this proposal come from? Did it come from citizens or staff?
Mr. Salmon: It is a combination of things. A lot of developers and contractors really don't like
doing development contracts. Staff has recognized that it can be a real pain to deal with and staff
initiated streamlining this. When our new city attorney came on board we sent some development
contracts for review and our city attorney pointed out that we needed to have a performance bond on
all of the projects. We pointed out that it is not required in all cases by our ordinance and he
suggested that our ordinance does not comply with state law and that we needed to look at that.
Mr. Drake: There were additionally certain circumstances under which there were some deficiencies
legally with our performance bond and with our development contracts.
Mr. Cochran: How long has this policy been in effect?
Mr. Salmon: We have been using this form for the past fifteen years and there have been some minor
modifications within the last ten years.
Mr. Cochran: How does it compare with surrounding cities?
Mr. Salmon: By bringing it into compliance with state law it makes it more consistent with some of
the metroplex cities. Some cities require payment bonds and some don't. It is optional, the state
doesn't require it like they do a performance bond. It just depends on the city and how cautious they
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P&Z Minutes
August 28, 1996
Page II
want to be. Not all cities require payment bonds.
Ms. Russell: Is there anyone to speak in favor? Is there anyone to speak in opposition? We will
close the public hearing. Any final remarks?
Mr. Salmon: What we are considering this evening is the proposed change in the ordinance which
you have in your backup. There are some typos in those documents that we will work out with the
legal department. We really just need to look at the ordinance in terms of recommending it to the
City Council.
Mr. Powell: I move that we recommend to City Council that they amend Sections 3441, 42, and
43 of the Code of Ordinances concerning development contracts per staff's request.
Ms. Schertz: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
IX Consider the street closure and right-of-way abandonment of Avenue E from Eagle Drive south to
1-35E access road.
Mr. Salmon: As most of you know the University of North Texas is proposing to construct a new
Music and Fine Art Education Building at the intersection of Avenue E and I-35 and Eagle Drive.
In order for the building to be built the right-of-way for Avenue E that runs between I-35 and Eagle
Drive will have to be abandoned and the street actually removed. The University has requested that
this be done. The right-of-way that is being abandoned has been acquired over several years. In
1989 the city reconstructed Ave E to align the intersection so that you could exit I-35 and enter Ave.
E. We are proposing to abandon all of the right-of-way including any utility easements that are in
that area. According to the Utility Department any utilities that are currently in that area are simply
being used by the University and can simply be relocated or abandoned as the University needs them
to be. No other property owner is dependent on any utilities that are in these areas. The University
and the city are both going to participate in the reconstruction of the streets in the area. The
University is going to dedicate any right-of-way that is needed in order to accomplish the
reconstruction of the streets In the area. Staff is recommending that the right-of-way be abandoned
with the condition that any existing utilities are either abandoned or relocated as needed by the
University.
Mr. Cochran: Are there any plans to spruce up their entrance from the 1-35 access road?
Mr. Salmon: I believe that a portion of this road will be a divided road with a median and
landscaped.
Mr. Cochran: 1 move approval of the Ave E street closure and right-of-way abandonment from Eagle
Drive south to I-35E access road.
Ms. Gamer: Second.
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Abehda No., - ~q/
Agenda Item_
Dare f_D /-9l„
ORDINANCE N0.
AN ORDINANCE ORDERING AN EMERGENCY ELECTION TO BE HELD IN THE CITY
OF DENTON, TEXAS, TO FILL A VACANCY IN PLACE 2, ON NOVEMBER 23,
996, SUBJECT TO GOVERNOR PROCLAIMING THIS AS AN EMERGENCY ELECTION
UNDER SECTION 41.0011 OF THE TEXAS ELECTION CODE, AND, IF A RLPiOFF
ELECTION IS REQUIRED, ON DECEMBER 21, 1996, FOR THE PURPOSE OF
ELECTING A COUNCILMEMBER TO PLACE 2 OF THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS; PROVIDING RESCINDER OF THIS ORDINANCE IN THE
EVENT THAT THE GOVERNOR DECLINES TO AUTHORIZE THE ELECTION; DESIG-
NATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING
FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC
VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Councilmember Jeff Krueger has submitted his resigna-
tion as Councilmember for Place 2 and, by Resolution No. R96-057
passed by the City Council on September 24, 1996, the Council has
accepted Councilmember Krueger's resignation; creating a vacancy in
Place 2 under Section 201.023 of the Texas Election Code; and
WHEREAS, the City Council has re
Bush authorizes the City to hold this elects nh on aodateopriorrto
the next uniform i
laiming
election date by n under section 41.0011 of the Texas procthis an emer
THEREFORE,
Code geNOW
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT14N~. That an emergency municipal election is ordered to
be held in the City of Denton, Texas, on Saturday, November 23,
1996, for the purpose of electing a Councilmember for Place 2,
subject to Governor George Bush proclaiming this as an emergency
election under Section 41.0011 of the Texas Election Code. In the
event a runoff is required, the runoff election shall be held on
Saturday, December 21, 1996.
SIyI That, in the event that the Governor declines to
authorize the special election, all declared action in this
ordinance shall be thereby rescinded, and this ordinance shall
become null, void, and of no legal consequence.
SECT! I N111. That the polling places, which shall be open from
7:00 a.m. to 7:00 p.m, shall be as follows:
Voters residing in District No. 2 shall vote at:
FIRE STATION NO. 4
2110 SHER14AN DRIVE
DENTON, TEXAS
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SECTION IV. That the election officials for the election and
the runoff, if any, shall be as follows:
For District No. 2: Presiding Judge and
, Alternate Judge.
Jennifer Walters, City Secretary, shall conduct early voting
under the Texas Election Code.
shall be Presiding Judge for the Early
Ballot Board.
The presiding judges are authorized to appoint a sufficient
number of clerks as necessary to assist them in the election,
including bilingual assistants as required by law. The rate of pay
for election judges and clerks shall ba the maximum amount provided
for by state law.
SECTION V. That early voting shall be conducted for thA
election, and the runoff election if necessary, by the Office of
the City Secretary in the Municipal Building at 215 East McKinney
Street in the City of Denton, Texas. The polls for early voting by
personal appearance shall be open between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday, commencing on November 4,
1996, and ending on November 19, 1996. In addition, early voting
shall be held on Saturday, November 9, 1996, between the hours of
10:00 a.m. and 3:00 p.m., at the same location as weekday early
voting.
SECTION VI. That the Mayor is hereby directed to provide
notice of the election, and the runoff election if necessary, in
accordance with Sections 4.002 and 4.003 of the Texas Election
Code, the notice to be printed in the Spanish language and the
English language.
g TION VII. That an electronic voting system, meeting the
requirements of Chapter 124 of the Texas Election Code, shall be
used for said election.
SECTION VIII. That the City Secretary is authorized to prepare
the official ballot for the election and perform every act required
by the Charter and laws of the Sate of Texas for holding elec-
tions.
SECTION IX. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
I
JACK MILLER, MAYOR
PAGE 2
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LE~AI,-gpRPt
HERBERT L"---PR Y, OTCITY ATTO Y
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JideNtla Na. ~
Agenda Item
Date
CITY of DENTON, TEXAS MUNICIPAL BUILDING 0215E MCKINNEY 9 DENTON, TEXAS 76201
(817) 566.6200 a DFW METRO 434.2529
MEMORANDUM
DATE: September 25, 19%
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Call for Public Nearing
RECOMMENDATION:
It is recommended that the City Council approve a resolution calling for a public hearing to be
held November 5, 1996, regarding the conveyance of 13.08 acres more or less, being a portion
of South Lakes Park, to the Denton Independent School District (DISD) for the construction of
a middle school and related improvements.
S M ARY:
In its Executive session on September 23, 1996, the City Council directed staff to place this item
on the October I agenda.
BACKGROUND:
The City of Denton and the DISD wish to facilitate the development of DISD's third middle
school, parking, recreational and related improvements on a 13.08 acre tract of land in the
northeast corner of South Lakes Park. State law requires that the City shall receive land of equal
value from DISD in exchange for the 13.08 acres of park land. DISD has proposed to convey
to the City a 5.105 acre tract of land adjacent to Evers Park in exchange. An independent fee
appraisal has established equal values for both tracts.
I
"Dedicated to Quality
Senice"
. W ttypL
State law also requires that prior to the exchange, a public hearing shall be held, after which the
City Council must determine that there is no feasible or prudent alternative for the use or taking
of park land, and that all reasonable planning has been exercised to minimize harm to the park.
The hearing must be publicly noticed at least 30 days in advance, once per week for at least three
consecutive weeks, with the last notice appearing no more than two weeks and no less than one
week prior to the hearing date.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Denton Independent School District.
FISCAL IMPACT:
No impact.
RESPECTFULLY SUBMITTED:
ed Benavides, City Manager
Prepared by:
~I
Ed Hodney, Director
Parks and Recreation Department
Approved:
Betty eKean, Exec uti Director
Municipal Services/Economic Development
$027 Page 2
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E:\NPDOCS\RES\PAAx.LND
RESOLUTION NO.
A RESOLUTION CALLING A PUBLIC HEARING AND REQUIRING THAT NOTICE OF
THE PUBLIC HEARING BE GIVEN IN ACCORDANCE WITH CHAPTER 26 OF THE
PARKS AND WILDLIFE CODE TO OBTAIN PUBLIC COMMENT CONCERNING THE
PROPOSED EXCHANGE OF APPROXIMATELY 13.08 ACRES IN ABSTRACT 616 AND
1007 OUT OF SOUTH LAKES PARK FOR APPROXIMATELY 5.105 ACRES IN
ABSTRACT 186 NEAR EVERS PARK FROM THE DENTON INDEPENDENT SCHOOL
DISTRICT FOR THE PURPOSE OF FACILITATING THE CONSTRUCTION OF A
MIDDLE SCHOOL ON THE 13.08 ACRES OUT OF SOUTH LAKES PARK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton Independent School District ("DISD") needs
approximately 13.08 acres out of South Lakes Park to construct a
new middle school and related improvements; and
WHEREAS, since both the City of Denton ("City") and the DISD
are governmental entities having the power of eminent domain, there
is no requirement for an election to be held prior to the exchange,
subject to Tex. Loc. Gov't Code §253.001, nor is there a require-
ment for competitive sealed bidding in accordance with Tex. Loc.
Gov't Code 5272.001; and
WHEREAS, the 13.08 acres was purchased with funds from the
Land and Water Conservation Fund of the Texas Local Parks,
Recreation, and Open Spaces Fund, requiring that notice be puki-
lished and a public hearing be held regarding this project prior to
the actual consummation of same, in accordance with Chapter 26 of
the Parks and Wildlife Code; and
WHEREAS, both DISD and the City, in accordance with the Joint
Use Agreement which the parties entered into on December 20, 19830
propose to jointly use the school and park facilities for both
school and recreational purposes; and
WHEREAS, the City Council deems it in the public interest to
call a public hearing and to require that notice be posted in
accordance therewith; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council hereby calls a public
hearing, in accordance with Chapter 26 of the Parks and Wildlife
Code, to take place in the City Council chambers at 7:00 p.m. on
November 5, 1996 for the purpose of receiving public comments con-
cerning whether the City should exchange 13,08 acres out of South
Lakes Park, being in abstract 616 and 1007 in the City and County
of Denton, Texas, and being more fully described in the attached
public notice, for approximately 5.105 acres out of abstract 186
near Evers Park from the Denton Independent School District for the
purpose of constructing a new middle school and related improve-
ments and to meet the requirements of said Chapter 26.
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SECTI`TT That the
give notice of such ublic heaCity ring is hereby directed to
p g as follows;
1. To give notice in writing to the
department, or agency that has supervision rof nthetland
purposed to be used or taken at least 36 days before the
date of the public hearing.
2. To publish notice in the Denton Record-Chronicle once a
webeklicatforionthreenot consecutive weeks, with the last day of
pu being less than one week or more than two
weeks before the date of the hearing, in substantially
the form of the attached Exhibit "A^, which is made a
part of this resolution for all purposes.
immediate) u That this resolution shall become effective
y pon its passage and approval.
PASSED AND APPROVED this the
day of
1996.
I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY; 1
APPROVED AS TO LEGAL FORM: L. PROUTY, CITY ATTORNEY
BY:
All
S
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held in the
City Council chambers of the City of Denton, Texas at 215 East
McKinney, Denton, Texas, beginning at 7:00 p.m. on the 5th day of
November, 1996 during its regularly scheduled City Council meeting.
The hearing will be held pursuant to Chapter 26 of the Texas Parks
and wildlife Code concerning the following program or projects on
City park property:
The City proposes to transfer approximately 13.08 acres out of
South Lakes Park, being in abstract 616 and 1007 in the City and
County of Denton, Texas for approximately 5.105 acres in abstract
186 in the City and County of Denton, Texas, near Evers Park from
the Denton Independent School District. This action would allow
the Denton Independent School District to construct a middle school
and related improvements on the 13.08 acre tract, while the City
would utilize the 5.105 acre tract for park and recreational
purposes. The City and the Denton Independent School District
propose joint use of the 13.08 acre tract for school and park and
recreational purposes under their existing Joint Use Agreement.
Any member of the public may make arrangements to inspect schematic
drawings showing the exact location of the tracts proposed to be
exchanged and contains additional information on the project by
contacting Ed Hodney, Director of Parks and Recreation at (817)
566-8271.
All members of the general public are invited to attend and provide
comments.
fi~\NPDDCS \NDAK\PDB. NDT
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a,enda No..___
Agenda Item ~O
Date . l ~
October 1 , 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TED BENAVIDES, CITY MANAGER
SUBJECT: CONSIDER ADOPTION OF A RESOLUTION CONSENTING TO THE EXERCISE OF
POWER OF EMINENT DOMAIN BY THE UPPER TRINITY REGIONAL WATER
DISTRICT (UTRWD) NECESSARY FOR THE CONSTRUCTION OF A REGIONAL
WATER TRANSMISSION SUPPLY LINE IN THE CITY OF DENTON FOR SERVICE
TO THE CITY OF CORINTH AND LAKE CITIES MUNICIPAL UTILITY
AUTHORITY (LCMUA).
RECOMMENDATION:
The staff recommends approval of the resolution consenting to UTRWD's exercise of eminent domain,
if necessary, to secure easements in Denton, for a regional water transmission line to the City of Corinth
and Lake Cities Municipal Utility Authority.
SUMMARY:
When Denton entered into contract with the UTRWD for water treatment and transmission services in
March 1992 it was contemplated that Denton would transport water from UTRWD's pipeline on FM
2181 into Denton's distribution system and deliver the water to Corinth and Lake Cities Municipal Utility
Authority meters on IH•35E and on Shady Shores Road. During this past year, UTRWD has decided
that the cost to build a receiving water tank with water quality monitoring equipment and repump the
water into Denton's water distribution in the FM 2181/Ryan Road area was more expensive than
extending their own water transmission pipeline to the Corinth and LCMUA meters. UTRWD plans to
run the pipeline along TMPA's high voltage electrical transmission line as shown in Exhibit A.
In accordance with the legislation that created the UTRWD, they are required to obtain Denton's consent
before they can exercise the power of eminent domain in acquiring right-of-way easements within a
member city. This resolution grants the UTRWD this consent for their proposed pipeline in the southern
part of Denton. Addendums to the existing contracts with the UTRWD regarding Denton being relieved
from it's previous contractual obligation to transport water for the UTRWD will be brought to the
Council at a later date.
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CITY COUNCIL AGENDA ITEM
UTRWD EMINENT DOMAIN
PAGE 2
FISCAL IMPACT:
The UTRWD will pay for all easements they acquire.
Respectfully Submitted:
Ted Benavides, City Manager
Prepared by,
R. E. Nelson, Executive Director Utilities
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C:\WVMS\RES\UPPERT.RES
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE
UPPER TRINITY REGIONAL WATER DISTRICT NECESSARY FOR THE CONSTRUC-
TION OF A REGIONAL TREATED WATER TRANSMISSION SUPPLY LINE IN THE
CITY OF DENTON FOR SERVICE TO THE CITY OF CORINTH AND FOR LAKE
CITIES MUNICIPAL UTILITY AUTHORITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Upper Trinity Regional Water District (the was thEet71st)Texas creeaistedlapursuant to H.B. 03112 (the Act) in Regular Session
(1989); andassed by
WHEREAS, the Act authorizes the District to exercise the power
of eminent domain in a municipality in Denton County upon receipt
of prior consent of the municipality as evidenced by a written
resolution; and
WHEREAS, the City of Denton is a member of the District and is
represented on the Board of Directors of the District; and
WHEREAS, on July 11, 1996 the District,'s Board of Directors
approved an alignment for a regional water transmission pipeline to
supply the City of Corinth and Lake Cities Regional Municipal
Utility Authority (LCMUA); and
WHEREAS, the proposed regional water transmission pipeline
anrequires
property ands District
within the eboundaries ofgthe Cityaof
Denton; and the cit council has no pipelineEand is agreeable to giving its consent objection
the District proposed
exercise the power of the eminent domain within the City, if
necessary, to obtain the required lands, easements, rights-of-way,
and other property to construct a regional water transmission
pipeline to supply the City of Corinth and LCMUA as generally
depicted on Exhibit "A", a copy of which is attached hereto; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
UCTION Z That all recitations contained in the above
Preamble are found to be true and correct and are hereby incorpo-
rated in the body of this Resolution by reference, as if copied in
their entirety.
SECTION IZ~L That the City of Denton does hereby
consent to the Upper Trinity Regional Water District to exercise
its power of eminent domain within the city limits of the City of
3
T
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Denton to obtain the necessary land, easements, rights-of-way, and
other property and improvements to carry out the referenced portion
of the Regional Treated Water Project in accordance with the
pipeline alignment recommended by Alan Plummer Associates, Inc. and
approved by the District Board of Directors on July 11, 1996 as
generally depicted on Exhibit "A".
SECTION III. That this Resolution shall become effective
immediately upon its passage.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
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Agenda No. ' 04
Agenda Item
Date_- /0-/- 76
CITY & DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201- TELEPHONE 817.566-8309
4 Office of the City Secretary
MEMORANDUM
{
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DATE: September 25, 1996
TO: Mayor and Members of the City Council
FROM: Jennifer Waiters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of current Board/Commission
vacancies/nominations:
Plumbing and Mechanical Code Board - Robert Courtney has resigned.
This is a nomination of a mechanical engineer for Mayor Miller.
Building Code Board - Mary McCain has resigned. This is a
nomination of an architect for Mayor Pro Tem Brock.
If you :equire any further information, please let me know.
J e W ers
y secr ary
ACCOOOF4
'Dedicated to Qwrity Service"
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MOUNT MILLER McCAIN architects
717 WEST SYCAMORE STREET DENTON. TEXAS 762G1 (817) 387.1659 `
September 19,1996
City Council, City of Denton
Municipal Building, 215 McKinney
Denton, Texas
i
To Members of the City Council:
Due to the sudden death of a sister, family obligations have accelerated
my schedule to move from Denton back to my home town, and therefore I
regretfully submit my resignation from the Building Code Board.
i
I enjoyed serving on this board and commend the city for its excellent
F
Inspection Department. As an architect working here, I have particularly I
appreciated the help I've always been able to get from Mr. Doyle. To me, r
` one of the nicest things about living in Denton is the pleasure it has
been to live in a well managed city.
r
Sincerely,
Mary A. HcCain
ISAaEL MOUNT MILLER TOR1 POLK MILLER MARY MCCAIN
r
6
7
COMPREHENSIVE
ZONING ORDINANCE
CITY OF DENTON, TEXAS
OCTOBER, 1996
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CITY OF DENTON
I
COMPREHENSIVE ZONING ORDINANCE
TABLE OF CONTENTS
ARTICLE I GENERAL PROVISIONS
Sec. 35-1 Purpose 1
Sec. 35-2 Compliance required 1
Sec. 35-3 Applicable conditions of prior ordinances 1
Sec. 35-4 Effect of adoption of this ordinance I
Sec. 35-5 Penalty for violations I
Sec. 35-6 Zoning districts established .......................................................................2
Sec. 35-7 Zoning district map ....................................................................................3
Sec. 35-8 Zoning district boundaries ........................................................................4
Sec. 35-9 Creation of building site ............................................................................5
Sec. 35-10 Certificate of occupancy and compliance 5
Sec. 35-11 Nonconforming uses and structures .........................................................6
Sec. 35-12 Platting property not permanently zoned 7
Sec. 35-13 Zoning of annexed territory 8
Sec. 35-14 Classification of new and unlisted uses 8
See. 35-15 Table of permitted uses ...........................................................................10
ARTICLE II DEFINITIONS
See. 35-16 Definition of terms 23
ARTICLE III RESIDENTIAL DISTRICTS
Sec. 35-20 Single Family Estate (SF-E) 44
Sec. 35-30 Agricultural District (A) 49
Sec. 35-40 Single Family (SF-16) 55
Sec. 35-50 Single Family (SF-13) 60
Sec. 35-60 Single Family (SF-10) 64
Sec. 35-70 Single Family (SF-7) 69
Sec. 35-80 Single Family (SF-3.5) 73
Sec. 35-90 Two Family (2-F) 79
See. 35-100 Multi Family (MF-R) 84
Sec. 35-110 Multi Family (NIF-1) 89
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Sec. 35-120 Multi Family (NIF-2) 94
Sec. 35-130 Manufactured Housing and Mobile Home (MH) ................................100
ARTICLE IV NONRESIDENTIAL DISTRICTS
Sec. 35-140 Parking District (P) 103
Sec. 35-150 Outdoor Amusement and Recreation District (OAR) 107
Sec. 35-160 Office District (O) ..................................................................................112
Sec. 35-170 Neighborhood Services District (NS) ...................................................117
Sec. 35-180 General Retail District (GR) .................................................................122
Sec. 35-190 Commercial District ( C) .......................................................................128
Sec. 35-200 Central Business District (CB) ..............................................................135
Sec. 35-210 Light Industrial District (LI) ................................................................141
Sec. 35-220 Heavy Industrial District (HI) ..............................................................149
Sec. 35-230 Heavy Environmental Impact District (110) 157
ARTICLE V SPECIAL DISTRICTS
Sec. 35-239 Declaration of Policy ..............................................................................163
Sec. 35-240 Denton Airport Zoning Regulations ...................................................163
Sec. 35-260 Historic Landmark Preservation and Historic Districts ....................176
Sec. 35-280 Historic Landmark Commission ..........................................................185
Sec. 35-290 Procedures for Establishing Historic Districts ....................................187
Sec. 35-300 Oak-Hickory Historic District ..............................................................192
Sec. 35 310 Planned Development District (PD) ....................................................198
ARTICLE VI SUPPLEMENTAL REGULATIONS
Sec. 35-321 Accessory Uses, Buildings and Structures 209
Sec. 35-322 Antennas, Satellite Dishes and Support Structures 210
Sec. 35-323 Mixing and Sale of Concrete 213
Sec. 35-324 Mobile Home Parks 213
Sec. 35-325 Occasional Sales 238
Sec. 35-326 Recycling Collection Center 238
Sec. 35-327 Special Access Regulations 239
Sec. 35-328 Temporary Buildings 240
Sec. 35-329 Temporary Uses .....................................................................................240
Sec. 35-330 Lighting Standards Adjacent to a Residential Use or District......... 245
Sec. 35-331 Alcohol Uses 246
Sec. 35-332 Parking and Loading Regulations 250
Sec. 35-333 Handicap Parking Regulations 257
Sec. 35-334 Shared Parking Methodology 259
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Sec. 35-335 Parking Requirements for New and Unlisted Uses 260
Sec. 35-336 Off-Street Loading Regulations ............................................................260
Sec. 35-340 Sexually Oriented Businesses ................................................................262
ARTI`;LE VII PROCEDURES
Sec. 35-350 Zoning Amendments ............................................................................264
Sec. 35-360 Conditional Zoning ..............................................................................266
Sec. 35-370 Specific Use Permit 268
Sec. 35-380 Board of Adjustment 272
ARTICLE VIII APPENDICES ........................................................................................280
Appendix A Measuring Lot Dimensions
i
Figure 1 Lot Width
Figure 2 Lot Depth
Figure 3 Yards
Figure 4 Corner rots
Figure 5 Method of measuring front yard
Figure 6 Double frontage lots
Figure 7 Front yard zoning changes in a block
Figure 8 Interpretation average front yard depth varies
Figure 4 Side yard standards for attached single family dwellings
Figure 10 Corner lot with driveway on side street
Appendix B Building Variables
Figure 1 Floor area ratio
Figure 2 Setback standards for high-rise apartment and similar
structures
Figure 3 Special apartment spacing on same lot
Appendix C Parking Lots
Figure 1 Space dimensions and maneuvering areas
Figure 2 Compact parking spaces
Figure 3 Compact parking spaces
Figure 4 Compact parking spaces
Figure 5 Minimum stacking distance requirements
Figure 6 Handicap parking access aisle
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Appendix D Special Exemption Area
Appendix E Denton Municipal Airport
Figure 1 Map of Airport Height Hazard District
Figure 2 Map of Airport Compatibility Land Use Subdistricts
Figure 3 Noise Mitigation Standards
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ARTICLE I GENERAL PROVISIONS
Sec. 35-1 PURPOSE
The zoning regulations and districts established in this chapter have been made in accordance with
a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare
of the city. They have been designed to lessen the congestion in the streets; to secure safety from
fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. They have been made with
reasonable consideration, among other things, for the character of the district and its peculiar
suitability for the particular uses specified and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the city consistent with a comprehensive
plan.
Sec. 35-2 COMPLIANCE REQUIRED
No building, structure or land shall hereafter be used, and no building or structure or part thereof
shall be erected, reconstructed, converted, enlarged, moved, or structurally altered unless in
conformity with the regulations set forth in this ordinance.
See. 35-3 APPLICABLE CONDITIONS OF PRIOR ORDINANCES.
With the exception of all prior planned development ordinances and specific use permits, the
provisions of this ordinance shall supersede all other prior zoning ordinances and all prior zoning
ordinances are expressly repealed.
Sec. 35-4 EFFECT OF ADOPTION OF CHAPTER
By the passage of the ordinance from which this chapter is derived, no illegal use shall be deemed
to have been legalized unless specifically such use falls within a use district where the actual use is
a conforming use. Otherwise, such uses shall remain nonconforming uses, where recognized, or an
illegal use, as the case may be.
Sec. 35-5 PENALTY FOR VIOLATIONS
Any person violating any of the provisions of this chapter shall, upon a conviction, be punished as
provided in section 1.12 of this Code. In addition to the penalty provided for, the right is hereby
conferred and extended upon the city and upon any property owner owning property in any district,
where such property owner may be affected or invaded by a violation of the terms of this chapter,
to bring suit in such court having jurisdiction thereof and obtain such remedies as may be available
at law and equity in the protection of the rights of such property owner.
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Sec. 35-6 ZONING DISTRICTS ESTABLISHED
A. The twenty two (23) zoning districts established in this chapter shall be known as:
Abbreviated Designation Zoning District Name
SF-E Single Family detached
A Agricultural
SF-16 Single Family detached
SF-13 Single Family detached
SF-10 Single Family detached
SF-7 Single Family detached
SF-3.5 Single Family detached
2F Two-family dwelling
MF-R Multifamily restricted
MF-1 Multifamily dwelling 1
MF-2 Multifamily dwelling 2
MH Manufactured Housing/Mobile Home
P Parking
OAR Outdoor Amusement and Recreation
O Office
NS Neighborhood Service
GR General Retail
C Commercial
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Sec. 35-335 Parking Requirements for New and Unlisted Uses 260
Sec. 35-336 Off-Street Loading Regulations ...........................................................260
Sec. 35-340 Sexually Oriented Businesses.... ............................262
ARTICLE VII PROCEDURES
Sec. 35-350 Zoning Amendments .............................................................................264
Sec. 35-360 Conditional Zoning 266
Sec. 35-370 Specific Use Permit 268
Sec. 35-380 Board of Adjustment ............................................................................272
ARTICLE VIII APPENDICES ........................................................................................280
Appendix A Measuring Lot Dimensions
Figure 1 Lot Width
Figure 2 Lot Depth
Figure 3 Yards
Figure 4 Corner Lots
Figure 5 Method of measuring front yard
Figure 6 Double frontage lots
Figure 7 Front yard zoning changes in a block
Figure 8 Interpretation average front yard depth varies
Figure 9 Side yard standards for attached single family dwellings
Figure 10 Corner lot with driveway on side street i
Appendix B Building Variables
Figure 1 Floor area ratio
Figure 2 Setback standards for high-rise apartment and similar
structures
Figure 3 Special apartment spacing on same lot
Appendix C Parking Lots
Figure 1 Space dimensions and maneuvering areas
Figure 2 Compact parking spaces
Figure 3 Compact parking spaces
Figure 4 Compact parking spaces
Figure 5 Minimum stacking distance requirements
Figure 6 Handicap parking access aisle
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Appendix D Special Exemption Area
Appendix E Denton Municipal Airport
Figure 1 Map of Airport Height Hazard District
Figure 2 Map of Airport Compatibility Land Use Subdistricts
Figure 3 Noise Mitigation Standards
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council or whenever such area is franchised for building purposes, the zoning district line
adjoining each side of such street, alley or other public way shall be automatically
extended to the centerline of such vacated street, alley or way, and all area so involved
shall then and henceforth be subject to all regulations of the extended districts.
H. Where physical features of the ground are at variance with information shown on the
official zoning district map or when there arises a question as to how or whether a parcel
h of property is zoned and such question cannot be resolved by the application of
subsections A. through G. of this section, the property shall be considered as classified
"A," agricultural district, temporarily in the same manner as provided for newly annexed
territory, and the issuance of a building permit and the determination of permanent zoning
shall be in accordance with the provisions contained in this section for temporarily zoned
areas .
Sec. 35-9 CREATION OF BUILDING SITE
No permit for the construction of a building upon any tract or plot shall be issued until a building
site, building tract or building lot has been created by compliance with all applicable codes and
ordinances.
See. 35-10 CERTIFICATE OF OCCUPANCY AND COMPLIANCE
A. All land, buildings, structures or appurtenances thereto which are located within the city
of Denton, and which are hereafter used, occupied, erected, altered or converted shall be
used, occupied, erected, altered or converted in compliance with the provisions of this
ordinance; the zoning regulations for the district in which such land, structure, use or
occupancy is located; the building codes, and all other applicable codes and ordinances of
the City of Denton.
B. Except for any single family, duplex, townhouse dwelling, multifamily or any single
apartment unit, no use shall hereafter be established, and no building erected or
structurally altered, nor any tenant or lease space, shall be used, occupied or changed in
use, tenant or occupant until a Certificate of Occupancy shall have been issued by the
Building Official stating the use, building or proposed use of a building or premises
complies with the building codes or the provisions of this ordinance. A new Certificate
of Occupancy shall be required when a change of ownership or tenancy of an operating
business occurs. The business may continue to operate until a Certificate of Occupancy
is issued. Such business shall be inspected in a timely manner by the Building Official
or designee and the owner or tenant shall correct any code or ordinance violations with in
a time period considered to be reasonable by the Building official.
C. A record of all Certificates of Occupancy shall be kept on file in the office of the
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Building Official and copies may be furnished to any person upon request.
D. No Certificate of Occupancy for any building shall be issued before application has been
made, and a fee paid in an amount establishcd by the City Council for a Certificate of
Occupancy.
E. The Building Official may, in writing, suspend or revoke a Certificate of Occupancy
issued under the provisions of this ordinance whenever the Certificate is issued in error,
or on the basis of incorrect information supplied, or when it is determined that the
building, structure or use is in violation of any provision of this ordinance or the
provisions of any other ordinance of the city of Denton.
Sec. 35-11 NONCONFORMING USES AND STRUCTURES
A. A nonconforming status shall exist under one of the following circumstances:
1. When a use or structure which does not conform to the regulations prescribed in
the district in which such use or structure is located was in existence and lawfully
operating prior to the adoption of the ordinance from which this chapter is
derived;
2. When, on the effective date of the ordinance from which this chapter is derived,
the use or structure was in existence and lawfully constructed, located and
operating in accordance with the provisions of the prior zoning ordinance or
which was a nonconforming use thereunder and which use or structure does not
now conform to the regulations prescribed in this chapter for the district in which
such use or structure is located;
3. When a use or structure which does not conform to the regulations prescribed in
the district in which such use or structure is located was in existence at the time of
annexation to the city and has since been in regular and continuous use.
B. Any nonconforming use of land or structures may be continued for definite periods of
time subject to such regulations as the board of adjustment may require for immediate
preservation of the adjoining property prior to the ultimate removal of the nonconforming
use.
C. The building official may grant a change of occupancy from one (1) nonconforming use
to another when:
1. The change of the use does not prolong the life of the nonconforming use; and
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2. The change of the use is to a more restrictive classification. When a
noncorforming use is changed to a nonconforming use of a more restrictive
classification, the building or structure containing such nonconforming use shall
not later be reverted to the former lower or less restricted classification. The
board may establish a specific period of time for the conversion of the occupancy
to a conforming use.
D. When a nonconforming use of a building is changed to another nonconforming use of
more restricted classification, it shall not later be changed to a less restrictive
classification of use, and the prior less restrictive classification shall be considered to
have been abandoned.
E. Ifa structure occupied by a nonconforming use is destroyed by fire, the elements or other
cause, it may not be rebuilt except to conform to the provisions of this chapter. In the case
of partial destruction of a nonconforming use not exceeding fifty (50) percent of its
reasonable value reconstruction will be permitted, but the size or function of the
nonconforming use cannot be expanded.
F. No nonconforming use may be expanded or increased on the lot or tract upon which the
nonconforming use is located or on an adjoining lot or
tract as of the ordinance from which this chapter is derived, except to provide off-street tarking orofff.
street loading space upon approval of the board of adjustment.
G. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease end
the use of the premises shall henceforth be in conformance to this ordinance. A
nonconforming use shall be considered abandoned if.
(1) The intent of the user or owner to discontinue the nonconforming use is apparent;
(2) The characteristic equipment and furnishings of the nonconforming use have been
removed from the premises and have not been replaced by similar equipment within six
months;
(3) The nonconforming building, structure, or land has remained vacant for a continuous
six (6) months period; or
(4)The nonconforming use has been replaced by a conforming use.
See. 35-12 PLATTING PROPERTY NOT PERMANENTLY ZONED
The planning and zoning commission shall not approve any plat of any subdivision within the
city limits until the area covered by the proposed plat shall have been zoned by the city council.
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See. 35-13 ZONING OF ANNEXED TERRITORY
(a) All territory hereafter annexed to the city shall be temporarily classified as "A"
agricultural district, until permanent zoning is established by the city council. The
procedure for establishing permanent zoning on annexed territory shall conform to the
procedure established by law for the adoption of original zoning regulations.
(b) In an area temporarily classified as "A" agricultural district:
(1) It shall be unlawful for any person to erect, construct or proceed or continue with the
erection or construction of any building or structure or add to any building or structure or
cause the same to be done in any newly annexed territory to the city without first
applying for and obtaining a building permit or certificate of occupancy therefor from the
building official or the city council as may be required in this chapter.
(2) No permit for the construction of a building or use of land shall be issued by the
building official other than a permit which will allow the construction of a building
permitted in the "A" agricultural district, unless and until such territory has been
classified in a zoning district other than the "A" agricultural district, by the city council
in the manner provided by law, except as provided in subsection (b) (3) of this section.
(3) An application for a permit for any use other than that specified in subsection (b)(2) of
this section shall be made to the building official and by him referred to the planning and
zoning commission for consideration and recommendation to the city council. The
planning and zoning commission in making its recommendation to the city council
concerning any such permit shall take into consideration the appropriate land use for the
area and the comprehensive land use plan for the city. The city council, after receiving
and reviewing the recommendations of the planning and zoning commission, may by
majority vote authorize the issuance of a building permit or certificate of occupancy or
disapprove the application.
Sec. 35-14 CLASSIFICATION OF NEW AND UNLISTED USES
It is recognized that new types of land use will develop over time. In order to provide for such
changes and contingencies, a determination as to the appropriate classification of any new or unlisted
form of land use shall be made as follows:
A. The Building Official shall refer the question concerning any new or unlisted use to the
Planning and Zoning Commission requesting an interpretation as to the zoning classification
into which such use should be placed. The referral of the use interpretation question shall
be accompanied by a statement of facts listing the nature of the use and whether it involves
dwelling activity, sales, processing, type of product, storage, and amount and nature thereof,
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enclosed or open storage, anticipated employment, transportation requirements, the amount
of noise,, odor, fumes, dust, toxic material and vibration likely to be generated and the
general requirements f,)r public utilities such as water and sanitary sewer.
B. The Planning and Zoning Commission shall consider the nature and described performance
of the proposed use and its compatibility with the uses permitted in the various districts and
determine the zoning district or districts within which such use should be permitted.
C. The Planning and Zoning Commission shall transmit its findings and recommendations to
the City Council as to the classification proposed for any new or unlisted use. The City
Council shall by ordinance approve the recommendation of the Planning and Zoning
Commission or make such determination concerning the classification of such use as is
determined appropriate based upon its findings.
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See. 35-15 TABLE OF PERMITTED USES
The following table summarizes the permitted uses and uses allowed by specific use permit in the City of Denton zoning districts.
However, such table is for information purposes only and has no regulatory effect. In the event of any conflicts between this table
and the district regulations, the uses listed in the district regulations shall control.
Legend
[X] Permitted use
[S] Specific Use Permit required
[ ] Prohibited use
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TABLE OF PERMITTED USES
ME OF USE SF A SF SF SF SF SF JF Mf MF MF MN D OM 0 NS GR G co 11 NE H FO
E t! U 10 7 7.3 R 1 t I
B. PRIMARY RESIDENTIAL USES
DWELLING, ONE-FAMILY DETACHED 62) X X x x X x x x x x x x x x
DWELLING, ONE FAMILY ATTACHED 61 S S S S S S S X x x S x x
DWELLING, ONE FAMILY RESTRICTED (63) X X x x x x x
Dwelli , two tams (65) x x x x x x
DWELLING, MULTIPLE-FAMILY OR X x x x X
APARTMENT (64) 1
BOARDING OR ROOMING HOUSE 26 x x X x x X X X
DORMITORY 59 X X x x X x x A
HOTEL OR MOTEL 96 ts X x x X X x x
TRAILER CAMP, MOWLC HOME PARK OR S X S S x
MANUFACTURED HOUSING SU9DMSION
11 424
C. EDUCATIONAL, INSTITUTIONAL AND SPECIAL USES
ART GALLERY OR MUSEUM 19 S S S S S S S S S S x S X X X X X X X X X
CEMETERY OR MAUSOLEUM S S S S S S S S S S S S S S S S X X X x x
CHURCH OR RECTORY x x X X X X X X x x X X x x x X X X x x X X
COLLEGE OR UNIVERSITY 40 S S S S S S S S S S X S x x x x x x x x x x
CORRECTIOf1ALFACILMES 45 S S S S X
pqy CAMP 56 S S S S S S S S S S S S X X x x
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TABLE OF PERMITTED USES
SF A SF SF 5F SF SP 2F MF MF MF AM P OAR O NS GR C C9 V HE It PO
TYPE OF USE E to 17 10 7 7.3 R 1 2
x
GAY NURSERY OR KINDERGARTEN S S S S S S S S S X x S % X x x x x X
SCHOOL (55)
S s s x s s s s s s s x
FRATERNITY, SORORITY, LODGE OR CIVIC S
CLUB X
X X X X X X x x % x x x x x x x x x
GROUP HOMES TYPE 1 64
x x x x x x x x x
GROUP HOMES-TYPE It BS)
S s s x x x x x x
GROUP HOMES- TYPE III (86 X X
HOME FOR CARE OF ALCOHOLIC, S s x x x x
NARCOTIC OR PSYCH VITRIC PATIENTS
HOSPITAL (ACUTE CARE 94) S s S S S S X S X x x x x X K X X
HOSPITAL CHRONIC CARE) 95 S S S S S S X x x X X X % x x
INSTITUTIONS OF RELIGIOUS OR S X S S S s S S S S X S X X X x x x x X X
PHILANTHROPIC NATURE
S s x x x x x x x x x x
LIBRARY PUBLIC X
X
HOME, CONVALESCENT MONASTERY OR CONVENT S X S S S S S S S X X S X X X X x % X
OR REIN OENCE HOME FORAGED H SME44 S S S s S S S S S S S S X % X X X X X
x
OCCASIONAL SALES 132 See sea 35-325 x x X x x X X X % X X 1
SCHOOL, PAROCHIAL 163 See see. 35-327 X X X X x x X X X X X X X % x X X
SCHOOL, PRIVATE PRIMARY OR s S S S S S S S S S x S X x x X X X X
SECONDARY (164 See sea 36-327
X X % X X X X X X X X % X X X X % X X
SCHOOL, PUBLIC 165) See see 35 327 Is X
SCHOOL, BUSINESS OR TRADE (162) See sec. 35.327
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TABLE OF PERMITTED USES
TYPE OF USE SF A SF SF SF SF SF 2F MF 61F MF AN P CM O NS OA c ca u me }0 PO
E 16 13 10 7 is R 1 2 I
D. UTILITY, ACCESSORY AND INCIDENTAL. USES
ACCESSORY BUILDING (See See. 35.321) X X X X X X X X X X X X X X X X X X X X X X X
ANTENNA AND SUPPORT STRUCTURE FOR X X X X X X X X X X X X X X X X X X X X X X X
AMATEUR RADIO COMMUNICATION (Sae
Sec 33`322 for nM requimmms)
COMMUNITY CENTER PRIVATE 43 S S S S S S S S X X X S X X X X X X X X X
ELECTRICAL GENERATING PLANT S S S X X X X
ELECTRICAL SUBSTATION S X S S S S S S S. S S S X X X X X X X X X X
ELECTRICAL TRANSMISSION LINE X X X X X X X X X X X X X X X X X X X X X X X
FIELD OR CONSTRUCTION OFFICE OR X X X X X X X X X X X X X X X X X X X X X X X
REAL ESTATE SALES, TEMPORARY I
FIRE STATION OR SIMILAR PUBLIC SAFETY X X X X X X X X X X X X X X X X X X X X X X
BUILDING 152 See Sec. 35 32
GAS TRANSMISSION LINE AND METERING X X X X X X X X X X X X X X X X X X X X X X
X
STATION
HOME OCCUPATION 93 X X X X X X X X X X X X
OFF-STREET PARKING Sec.35-331 X X X X X X X X X X X X X X X X X X X X X X
X
PARK OR OPEN SPACE FOR PASSIVE X X X X X X X X X X X X X X X X X X X X X X X
RECREATION 143
PRIVATE UTILITY SHOP OR STORAGE S 3 S S X X X X
YARD
PUBLIC BUILDING, SHOP, YARD OR LOCAL, S S S S S S S S S S S S S S S S ts X X X X X X
STATE OR FEDERAL GOVERNMENT I50
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TABLE OF PERMITTED USES
TYPE OF USE SF A SF SF SF SF SF 2f MF W VF A(H P OM 0 NS GR c ce u IE H PD
E 1! 13 14 T 1.5 R 1 2
RADIO AND TELEVISION OR MICROWAVE S S S S S S S S S S S S S S S X X X X X X X
TOWER 153See Sec.35.322
SATELLITE DISH See Sea 35.322 X X X X X X X X X X X X X X X X X X X X X X X
SEWAGE PUMPING STATION X X X X X X X X X X X X X X X X X X X X X X X
SEWAGE TREATMENT PLANT S S S S X X X
SWIMMING POOL PRIVATE X X X X X X X X X X X X X X X X X X X X X X
TELEPHONE, BUSINESS OFFICE X X X X X X X X X X
TELEPHONE LINE AND EXCHANGE X X X X X X X X X X X X X X X X X X X X X X
SWITCHING OR RELAY STATION 185
WATER RESERVOIR, WATER PUMPING X X X X X X X X X X X X X X X X X X X X X X
STATION OR WELL
WATER TREATMENT PLANT S +xS S S S S S S S S S S S S S X X X X X X
E. RECREATIONAL AND ENTERTAINMENT USES
AMUSEMENT, COMMERCIAL (IN DOOR) (11 X X X X X X X X
AMUSEMENT, COMMERCWL(OUTDOOR) S X X X X X X X
15
BATTING PRACTICE FACILITIES (INDOOR) X X X X X X
(21
BATTING PRACTICE FACILITIES X X X
OUTDOOR (21
COUNTRY CLUB (PRIVATE) NTH GOLF S jxs S S S S S S S S X X X X X X X
COURSE "
DANCE HALL OR NIGHTCLUB 53 X X X X X X X X
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TABLE OF PERMITTED USES
TYPE OF USE SF A SF SF SF SF M V MF MF MF MH P OM 0 HS OR C C8 u HE H PO
E U 10 1(1 7 2.6 R 1 2 1
DRAG STRIP OR COMMERCIAL RACING S x S x x X x
FAIRGROUND OR EXHIBITION AREA S x S X X X X x x
00-CART TRACK S x S X x x x
GOLF COURSE, LIGHTED FACILITIES 182) S S S S S S S S S S S S X Ix X X X x % X X X
GOLF COURSE, NO LIGHTED FACILITIES x x x x x x X X X X X X X x x x x x x x x x x
er
FIREARM RANGE, OUTDOOR S S S S S S S
FIREARM OR ARCHERY RANGE, INDOOR x x x x x x x
ARCHERY RANGE, OUTDOOR S X x x x x x
PARK OR PLAYGROUND 139) X X x x x x X X x x X X x x X X x x x x x
PASSIVE RECREAT)ON 143 X X X X X X X X X x x X X X x x x x % X X X x
PLAYFIELD OR STADIUM. PUBLIC 119 S S S S S S S S S S X S x x x X x x X X X x
RODEO GROUNDS S x x x x x x
ROLLER OR ICE SKATING RINK S x x x x x X X
SEXUALLY ORIENTED BUSINESS 170 X x x X x x x x
STABLE, PRIVATE CLUB 175 S S S S S S S S S S S S X S X x x x x
STABLE, COMMERCIAL RENTAL 174 S x x X x x x
STABLE, BOARDING 173 S X X X X X x
SNRM OR TENNIS CLUB 1B2 S S S S S S S S S S X S X X X % X X X X X X
THEATER, DRIVE-IN S X S % x x X X
THEATER
OTHER THAN DRIVE-IN TYPE S x x x x x X X
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TABLE OF PERMITTED USES
TYPE OF USE SF A SF SF SF SF SF 2F MF MF MF AIFf P OAR 0 NS OR C CB U N! H PO
E 70 IS 10 7 2.D R 1
F. TEMPORARY USES WITH
PERMIT
EVENTS OF PUBLK) INTEREST (See Sea X X X X X X X X X
55.329
CHRISTMAS TREE SALES See Sea 35.329 X X X ±XX X X %
TEMPORARY CONCRETE OR ASPHALT X X X X X X X X X X X X X X X X X % X X X
BATCHING PLANT See Sea 35-329
G. TRANSPORTATION RELATED USES
AIRPORT LANDING FIELD OR HELIPORT S S S S S S S S S S S S X S S S X X X X X X
12)
BUS STATION OR TERMINAL 29 S X X X X X X
HAULING OR STORAGE COMPANY X X X X X X
MOTOR FREIGHT TERMINAL X X X X X X
RAILROAD FREIGHT TERMINAL X X X X X X
RAILROAD PASSENGER STATION X X X X X X X X
RAILROAD TRACK OR RIGHT-OF-WAY 155 X X X X X X X X X X X X X X X X X X X X X X X
RAILROAD TEAM TRACK 154 S X X X X X X
PARKING LOT. TRUCK X X X X X X
PARKING LOT OR STRUCTURE S X S S X X X X X X X J
COMMERCIAL 141
H. VEHICULAR SERVICE USES
AUTOLAUNDRY X X X X % X X
AUTO PAINTlI:i AND BODY REPAIR X X X X X X
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TABLE OF PERMITTED USES
TYPE OFM SF A SF SF SF SF SF 2F MF w IAF MM P OAR O NS GR C CB U N! K PD
E 11 13 10 1 ZS R I Z 1
AUTO SALES AND REPAIR (INDOOR) X X X X ) X X
AUTO WRECKING OR SALVAGE YARD S S X
GASOLINE SERVICE STATION X X X X X X X
NEW AUTO PARTS SALES STORES X X X X X X X
NEW OR USED CAR SALES OR RENTAL LOT X X X X X X
OUTDOOR
SEAT COVER AND MUFFLER INSTALLATION X X X X X X
SHOP
TIRE RETREADING OR CAPPING X X X X X X
TRUCK STOP 192 X X X X X
USED AUTO PART SALES INDOOR X X X X X X
1. RETAIL AND SERVICE TYPE USES
ANTIQUE SHOP 1T S X X X X X X X
BAKERY OR CONFECTIONERY SHOP X X X X X X X X
(RETAIL)
CAFETERIA(34) S X S S X X X X X X X
CLEANING AND PRESSING MALL SHOP X X X X X X X X
AND PICKUP
CUSTOM PERSONAL SERVICE SHOP (49) X X X X X X X X
DRAPERY, NEEDLEWORK OR WEAVING X X X X X X X X
SHOP
FLORIST OR GAR:eN SHOP S X X X X X X X X
GREENHOUSE OR PLANT NURSERY S X X X X X X X
(RETAIL) 83
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TABLE OF PERMITTED USES
TYPE OF USE SF A SF SF SF SF SF 2F MF MF MF MH P OAR O NS GR C Ca u HE M PD
to 77 10 7 1D R 1 7
HANDICRAFT SHOP X X X X X X X X
HOUSEHOLD APPLIANCE SERVICE AND X X X X X X X
REPAIR
LAUNDRY OR CLEANING, SELF-SERVICE X X X X X X X %
MIMEOGRAPH, STA'ilONERY OR LETTER X X X X X X X
SHOP
MORTUARY OR FUNERAL PARLOR S S X X X X X x x
OFFICES, PROFESSIONAL AND X % X X X X X % %
ADMINISTRATIVE
OFF-PREMISE SALE OF BEER AND/OR X X X X X X %
MANE Sea Sec. 35.331
ON-PREMISE SALE OF BEER AND/OR WINE S X X X X X X X X
Sus See. 331
LICENSED PRIVATE CLUB 101 X X X X X X X X
PAWN SHOP X i s X X X X
RESTAURANT 180 S X S S X X X % X X %
RETAIL STORES AND SHOPS 4,000 X X X X X X X %
SQUARE FEET OR LESS
RETAIL STORES AND SHOPS OVER 4,000 S X X % % X X X
SQUARE FEET
RETAIL STORES WITH GAS PUMPS X X X X X X X
STUDIO FOR PHOTOGRAPHER, MUSICIAN, % X X ax X X ARTIST OR HEALTH
SECONDHAND STORE, USED FURNITURE X X X
OR RUMMAGE SALE
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TABLE OF PERMITTED USES
TYPE OF USE SF A SF Sf SF SF Sf 2F MF ►1F MF M P OArt O NS OR C CS U N! M PO
E 16 13 10 7 7! R 1 7
TOOL OR TRAILER RENTAL X X % X X X
J. AGRICULTURAL TYPE USES
ANIMAL POUND PUBLIC OR PRIVATE 16) S S S X X X X
ANIMAL CLINIC, HOSPITAL OR KENNEL (NO S X X X X X X X X X
OUTSIDE RUNS OR PENS)
ANIMAL CLINIC, HOSPITAL OR KENNEL S
WITH OUTSIDE RUNS OR PENS X X X X %
FARM OR RANCH 0 X X X X X X X X X X % X X X X X X X X X X
GRAIN STORAGE AND MILLING FACILITY X X X
GREENHOUSE OR PLANT NURSERY (63 X S X X X X X X X
HATCHERY, POULTRY X K X X X
LIVESTOCK PROCESSING, SLAUGHTER S X X % X
HOUSE OR POULTRY DRESSING
LIVESTOCK AUCTION 103 S S X X X
LIVESTOCK FEEDING PLANT, PENS OR S S X X X
YARD 104
K. COMMERCIAL TYPE USES
BAKERY PWHOLFSALE) X X X X X %
BUILDING MATERIAL SALES X X X X X X
CASINETAND UPHOLSTERY SHOP X X X X X X
CLEANING AND DYEING PLANT X X X X X X
COMMERCIAL
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TABLE OF PERMITTED USES
SF A SF SF SF SF SF 2F MF MF MF MH P OM 0 NS GR C CS U NE H PO
TYPE OF USE E tE 13 10 J 7.S R 1 Z
CLEANING PLANT, BAGS OR CARPETS X X X x % x
SPECIAL EOUIPME
CLOTHING MANUFACTURE OR LIGHT X X X X x x
COMPOUNDING OR FABRICATION
CONTRACTORS SHOP AND STORAGE X x x x X
YARD
ENGINE AND MOTOR REPAIRING X X X X X x
FEED STORE X X x x x x
FLEA MARKET Z S S S S X
HEAVY MACHINERY SALES AND STORAGE X x x x x x
JOB PRINTING OR NEWSPAPER PRINTING X X X x % X
LAUNDRY PLANT COMMERCIAL X X X x x x
MILK DEPOT, DAIRY OR ICE CREAM PLANT X X X X x x
PAINT SHOP X X X x x x
PETROLEUM PRODUCTS STORAGE x x X X
(WHOLESALE)
PLUMBING SHOP X x x X x x
SAND, GRAVEL OR EARTH SALES OR S S S % x
STORAGE
SCIENTIFIC OR RESEARCH LABORATORIES S S x x x x x x
166
STORAGE AND SALES OF FURNITURE OR X X x x x
APPLIANCES OUTSIDE A BUILDING
STORAGE OR SALES WAREHOUSE % X X X X X
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TABLE OF PERMITTED USES
TYPE OF USE SF A SF SF SF I SF Sf 2F MF w w Aei P OM 0 NS GR C CB V HE H PD
E 1e 13 10 7 29 Ft 1 2 I
TRAILER RENTAL OR SALES X X X X X X
TRANSFER STORAGE AND BAGGAGE X X X X X X
TERMINAL
WHOLESALE OFFICE AND SAMPLE ROOM X X X X X X
L. NATURAL RESOURCE STORAGE AND EXTRACTION
EXTRACTION AND STORAGE OF S S S X X X
SUBSURFACE RESOURCES 164
PETROLEUM OR GAS WELL S S X X X
PETROLEUM COLLECTING OR STORAGE S LES X X X
FACILITIES 145
MINING OR STORAGE OF MINING WASTES S X X
M. SPECIAL INDUSTRIAL PROCESSES
ASPHALT OR CONCRETE BATCHING PLANT X X X
BRICK KILN OR TILE PLANT (27) S S X X X
CEMENT OR HYDRATED LIME S X X X
MANUFACTURE
DUMP OR SANITARY FILL AREA S
S X X X
MD(M0 AND SALE OF CONCRETE ($ee Sec. S X X X X
35-321
RECYCLING COLLECTION CENTER X X X X X X X X X X X X X X X X X X X X X X X
(PUBLIC) 158 Sea 35326 _
RECYCLING COLLECTION CENTER ;FOR X X X X X X
HOUSEHOLD RECYCLABLE MATERLS (96)
See Sea 35326
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A
TABLE OF PERMITTED USES
TYPE OF USE SF A SF SF SF 5F SP 2F MF MF MF AW P OAR O HS GR C OB L HE H PD
E I! 13 10 7 3.5 R 1 t 1
RECYCLING COLLECTION CENTER FOR S S X j( X
HOUSEHOLD METALS (9 See Sec. 35.326
i
SALVAGE YARD OR RECYCLING X X X X
COLLECTION CENTER FOR INDUSTRIAL
METALS, INDOOR See Sea 35-326) 1
SALVAGE YARD OR RECYCLING S S S X
COLLECTION CENTER FOR INDUSTRIAL
METALS, OUTDOOR 99 See Sea 35326
SMELTER OR REFINERY X X X
STEEL FABRICATION AND FINISHING X X X
N. GENERAL MANUFACTURING AND INDUSTRIAL, USES
ANY INDUSTRIAL USE WHICH DUE TO S S X
POSSIBLE EMISSION OF EXCESSIVE
SMOKE, NOISE, GAS, FUMES, DUST, ODOR,
VIBRATION OR THE DANGER OF FIRE,
EXPLOSION OR RADIATION AS AMY BE
DETERMINED BY HEALTH, FIRE OR
BUILDING OFFICIALS TO BE PRESENTLY
OR IN THE FUTURE LIKELY TO BE A
HAZARD OR NUISANCE TO ADJACENT
PROPERTY OR THE COMMUNITY AT LARGE
BUT WHICH MAY BE LOCATED AND
OPERATEO UNDER SPECIFIC STANDARDS
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ARTICLE II DEFINITIONS
Sec. 35-16 Definition of terms
The following words, terms and phrases not otherwise defined in this chapter, when used in this
chapter, shall have the meanings ascribed to them in this section, except where the context clearly
Indicates a different meaning:
1. Accessory use: a use of land subordinate to and customarily Incidental to tha principal use
of the land and located on the same lot or tract and within the same zoning district as the
principal use.
2. Accessory building: ( in a residential district) a detached subordinate building, used for a
purpose customarily incidental to the main structure such as a private garage for
automobile storage, toolhouse, lath or greenhouse as a hobby (no business), home
workshop, children's playhouse, storage house or garden shelter, but not involving the
conduct of a business.
3. Adult arcade: any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically, or mechanically controlled still or motion
picture machines, projectors, or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical areas."
4. Adult bookstore:
A. A commercial establishment which as one of its principal business purposes offers
for sale or rental for any form of consideration any one or more of the following:
1. books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes or video reproductions, Aides, or other i
visual representations distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas"; or
2. instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities."
8. For the purpose of this definition, a commercial establishment shall be considered
to have as "one of its principal business purposes" the sale or rental of the materials
described in (A) above, if:
1. The establishment makes use of a sign visible from any public street,
whether located on or off the property of the establishment, advertising the
availability at the establishment of any material described in (A);
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2. The establishment devotes more than thirty percent (30%) of its total floor
area which is open to the public to the display of items for sale or rental that
are materials described in (A);
3. More than thirty percent (30%) of the total number of items displayed for
sale or rental by the establishment are materials described in (A); or
4. The establishment regularly maintains on the property for safe or rental
materials described in (A) whose total retail value is more than fifty percent
(50%) of the total retail value of all materials kept on the premises for sale
or rental.
5. Adult cabaret: a nightclub, bar, restaurant, or similar commercial establishment which
regularly features:
A. persons who appear in a state of nudity; or
B. live performances which are distinguished or characterized by an emphasis on
"specified sexual activities" or the exposure of "specified anatomical areas"; or
C. films, motion pictures, video cassettes, slides, or other photographic reproductions
which are distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical areas."
6. i alt motel: a hotel, motel, or similar commercial establishment which:
A. offers accommodations to the public for any form of consideration; provides patrons
with closed-circuit television transmissions, films, motion pictures, video cassettes,
slides, or other photographic reproductions which are distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas"; and has a sign visible from the public
right-of-way which advertises the availability of this adult type of photographic
reproductions; or
B. offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. allows a tenant or occupant of a sleeping room to sub rent the room for a period of
time that is less than 10 hours.
7. Adult motion picture theater: a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas."
8. Adulttheater; a theater, concert hall, auditorium, or similar commercial establishment which
regularly features persons who appear in a state of nudity or live performances which are
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-'1 distinguished or characterized by an emphasis on "specified sexual activities" or the
exposure of "specified anatomical areas."
9. Adult video Store:
A. A commercial establishment which as one of its principal business purposes offers
for sale or rental for any form of consideration any one or more of the following:
1. books, magazines, periodicals or otherprinted matter, or photographs, films,
motion pictures, video cassettes or video reproductions, slides, or other
visual representations distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas"; or
2. Instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities."
B. For the purpose of this definition, a commercial establishment shall be considered
to have as "one of its principal business purposes" the sale or rental of the materials
described In (A) above, if:
1. The establishment makes use of a sign visible from any public street,
whether located on or off the property of the establishment, advertising the
availability at the establishment of any material described in (A);
2. The establishment devotes more than thirty percent (30%) of its total floor
area which is open to the public to the display of items for safe or rental that
are materials described In (A);
3. More than thirty percent (30%) of the total number of items displayed for {
sale or rental by the establishment are materials described in (A); or
4. The establishment regularly maintains on the property for sale or rental
materials described in (A) whose total retail value Is more than fifty percent
(50%) of the total retail value of all materials kept on the premises for sale
or rental.
10. Agent: A person authorized by the owner of property to act in their place, for example, to
submit applications under this ordinance, to represent the owner at public meetings, or to
otherwise manage the owner's property.
11. Agriculture research station: a facility whose primary use is the research of agricultural
products including, but not limited to, animals, pastures, crops, grasses, trees, or similar
vegetation; or of processes used for development of these. Such uses may Include raising
of grasses for commercial development, agriculture extension services and similar uses.
12. Airport, landing field or heliport: a landing facility for fixed and rotary wing aircraft, including
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terminal, fueling and repair, and storage facilities and subject to approval by the city.
13. Alley: a public r-;,ace or thoroughfare which affords only secondary means of access to
property abut, 4 thereon.
14. Amusemen'., commercial (indoors): an amusement enterprise wholly enclosed In a building
whit is treated acoustically so that noise generated by the enterprise is not perceptible at
the bounding property line and including but not limited to a bowling alley or billiard parlor.
15. Amusement, commercial (outdoors): an amusement enterprise offering entertainment or
games of skill to the general public for a fee or charge wherein any portion of the activity
takes place In the open, including but not limited to a golf driving range, archery range and
miniature golf course.
16. Animal pound: a facility used for the holding and care of unwanted, surrendered or
confiscated animals, with or without outside runs.
17. Antique shop: an establishment offering for sale, within a building, articles such as glass,
china, furniture or similar furnishings and decorations which have value and significance as
a result of age, design and sentiment.
16. Area of lot: the net area of the lot and shall not include portions of streets and alleys.
19. Art gallery or museum: an institution for the collection, display and distribution of objects of
art or science and which is sponsored by a public or quasi-public agency and which facility
is open to the general public.
20. Basement: a building story which is partly underground, but having at least one-half of its
height above the average level of the adjoining ground. A basement shall be counted as a
story in computing building height.
21. Batting practice facility: a facility designed to simulate baseball's pitcher-batter relationship
by the use of a mechanical pitching machine in an enclosed cage or area.
22. Bedroom: any room in multifamily development other than a kitchen, living-dining room,
bathroom or closet. Extra kitchens, game rooms, living rooms, separate dining rooms, dens,
sun rooms or similar extra rooms shall be considered as bedrooms in computing density
standards for apartment buildings.
23. Bedroom unit: one (1) or more rooms in a dormitory, fraternity or sorority house or multiple-
dwelling structure designed and furnished for the occupancy of not more than two (2)
students.
24. Block: an area enclosed by streets and occupied by or intended for buildings. If the word
is used as a term of measurement, it shall mean the distance along a side of a street
between the nearest two (2) streets which intersect such street on that side.
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25. Board: the zoning board of adjustment as provided for in this chapter.
26. Boardinghouse or rooming house: a building, other than a hotel, where lodging or lodging
and meals for five (5) or more persons are served for compensation and may Include a
one family, attached or detached dwelling unit.
27. Brick tGln or Tile Plant: an operation which takes previously extracted subsurface materials
and transforms them by heat, machinery or other methods Into such items as building
products, clay products, porcelain, ceramics and like materials.
28. Buffer: a method of filtering effects of nuisance factors from adjacent land uses.
29. Bus station: a premise for the loading and unloading of passengers. May include auxiliary
facilities such as an enclosed waiting area and lighted parking lot but excludes the
maintenance and storage of busses.
30. Building: any structure built for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind. When subdivided In a manner sufficient to prevent
the spread of fire, each portion so subdivided may be deemed a separate building.
31. Building ends: those sides of a building having the least dimensions as compared to the
front or rear of a building. As used in this chapter for the building spacing regulations for a
multiple-family dwelling, a building end shall be interpreted as being the most narrow side
of a building regardless of whether it fronts upon a street, faces the rear of the lot or is
adjacent to the side lot line or another building.
32. Building line: a line parallel or approximately parallel to the street lines at a specified
distance therefrom making the minimum distance from the street line that a building may
be erected.
i
33. Building official: the building official or person charged with the enforcement of the zoning
and building codes of the city.
34. Cafeteria: See restaurant
35. Cellar a building story with more than one-half its height below the average level of the
adjoining ground. A cellar shall not be counted as a story In comput;ng building height.
36. Certificate of occupancy and compliance: an official certificate Issued by the city through
the enforcing official which indicates conformance with or approved conditional waiver from
this chapter and authorized legal use of the premises for which it Is Issued.
37. Church or rectory: a place of worship and religious training of recognized religions,
including the on-site housing of ministers, rabbis, priests, nuns and similar staff personnel.
38. Cfeaning shop or small laundry self-service shop: a shop of the customer self-service type
or a custom cleaning shop not exceeding two thousand five hundred (2,500) square feet
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in floor area.
39. Clinic: a group of offices for one (1) or more physicians, surgeons or dentists to treat sick
or injured outpatients who do not remain overnight.
40. of prrograms of academic study and including all buildings and facilities related thereto es
411. Commercial sales: uses in this category may resemble retail uses in size,
and her elements, but generally provide services and products to a non-retail which
typically require frequent deliveries or pickups by heavy vehicles.
42. Common access route: a private way which affords principal means of access to individual
mobile home stands or auxiliary buildings.
43. Community center (private): a facility open to a defined group users for recr, ationall,
athletic, or social events, including but not limited to swimming pools,
fields, picnic areas, auditoriums and meeting rooms, gymnasiums, and similar type uses.
44. from Convalesnt home: a structure used for or customarily occupied by
suffering from infirmities of age (See nursing home #131~rsons recovering ties: a
person
ers used
qua
living
with
charged 45. Correctional
convicted of fcom~mitting alcrim nal offense orrtused to confine juveniles nsacco dancetwith
the provisions of V.T.C.A., Family Code Ch. 51, 52, 53 or 54.
46, clubhouse which is available to a specific recorded membershipaSuch a cub may Include
as adjunct facilities a dining room, private club, swimming pool, cabanas, tennis courts and
` similar service and recreational facilities for the members. unocc
J
space, f 47. Court: an open,
building. An inner courtutsl court entbely surrouon more then hvo (2) sides by the walls nded by the exterior walls of a building. of An
outer court is a court having one (t) side open to a street, alley, yard or other permanent
space.
from
48. Coverage: the percent
eaves to the extent of o two (2) feet from thedwalls hofraobuilding shall be excluded f
coverage computations.
49. Custom personal service: a tailor, dressmaker, shoe shop or similar shop offering custom
service.
50. Cutoff: the point at which all light rays emitted y a larnp, light eliminated (cutoff) at a specific angle above he ground. urce, or luminaire are
completely 51. Cutoff angle: the angle formed by a line drawn from the direction of tight rays at the light
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source and a line perpendicular to the ground from the light source, above which no light
is emitted.
52. Cutoff-type luminaire: a luminaire with elements such as shields, reflectors, or refractor
panels which direct and cutoff the light at a cutoff angle that Is less than ninety (90)
degrees.
53. Dance hall or nightclub: an establishment offering to the general public facilities for dancing
and entertainment for a fee and subject to licensing and regulation by the city.
54. Day camp: a facility arranged and conducted for the organized recreation and instruction
of children including outdoor activities on a daytime basis.
55. Day nursery or kindergarten: a facility for which a person N required to obtain a license from
the state department of human resources, or division i`tiereot' by V.T.C.A., Human
Resources Code Ch. 42, or any successor statute, for the operation of a facility, child care
facility or child placing agency, as defined therein.
56. Decibel: a unit of measurement of sound pressure.
57. Depth of lot: the mean horizontal distance between the front and rear lot lines.
58. District: a section of the city for which the regulations governing the area, height or use of
the land and buildings are uniform.
59. Dormitory: a building used as group living quarters for a student body or religious order as
an accessory use for a college, university, boarding school orphanage, convent, monastery
or other similar institutional uses.
60. Drip line: the periphery of the area underneath a tree which would be encompassed by the
perpendicular lines dropped from the outermost edges of the crown of the tree.
611. Dwelling, one-family (attached): a dwelling which is joined to another dwelling at one (1)
or more sides by a party wall or abutting separate wall and which is designed for occupancy
by one (1) family and is located on a separate lot delineated by front, side and rear lot lines.
62. Dwelling, one-family (detached): a dwelling designed and constructed for occupancy by one
(1) family and located on a lot or separate building tract and having no physical connection
to a building located on any other lot or tract and occupied by one (1) family.
63. Dwelling, one-family (restricted): a one-family dwelling located on nonresidential property
designed to be used by the owner or by an employee to be near the nonresidential use. The
dwelling shall be attached to the nonresidential building, except that a detached dwelling
is permitted in a light Industrial district. This use is not permitted on property used for
electric substations, microwave towers, water treatment plants, painting shops, service
stations, tire retreading shops, animal pounds, livestock feeding plants, poultry hatcheries,
or petroleum storage or collection facilities.
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64. Dwelling, multiple-family: One or more buildings oft cations thereof located on a lot or tract
which Is/are designed, built, rented, leased or le` :o be occupied as three (3) or more
(3) of more dwelling fam t es units or
units dwelling which apartmentsor which s occup ed s a home or residence of thee or
65. Dwelling, two-family: a detached building or two buildings having separate
accommodations for and occupied by not more than two (2) families.
66. Dwelling unit: a building or portion of a building which is arranged, occupied or intended to
be occupied as living quarters and includes facilities for food preparation and sleeping.
67. Efficiency: a unit in multifamily development generally combining the living, sleeping and
kitchen space in one (1) area and being four hundred fifty (450) square feet or smaller in
size.
68. Exterior architectural feature: architectural style and general arrangement of such portion
of the exterior of a structure as is designed to be open to view.
69, Family: any number of individuals living together as a single housekeeping unit, in which
rot more than four (4) individuals are unrelated by blood, marriage or adoption.
70. Farm, ranch, garden or orchard: an area of three (3) acres or more which is used for
growing of usual farm products, vegetables, fruits, trees and grains and for the raising
thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and
including the necessary accessory uses for raising, treating and storing products raised on
the premises, but not including the commercial feeding of offal and garbage to swine and
other animals and not including any type of agriculture or husbandry specifically prohibited
by ordinance or law.
71. Field or construction office: a structure or shelter, subject to removal by order of the
Building Inspector, used in connection with a development or building project for housing ,
on the site of temporary administrative and supervisory functions and for sheltering
employees and equipment.
72. Flea market: a site where space inside or outside a building Is rented to vendors on a
short-term basis for the sale of merchandise. The principal sales shall include new or used
household goods, personal effects, tools, artwork, small household appliances and similar
merchandise, objects or equipment In small quantities. The term shall include personal
services, food and auction establishments.
73. Floor area: the total square feet of floor space within the outside dimensions of a building,
Including each floor level, but excluding ce1ars, carports or garages.
structure
74,
the total square ~ feet of land ibr, the lot oh tract on square whih the structue r is located.
and
75. Footcandle: a unit of illumination produced on a surface, all points of which are one (1) foot
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from a uniform point source of one (1) candle.
76. Food preparation: a business engaged in cooking foods whose odors are directly vented
! to the outside of the structure. Such uses may include, but are not limited to cafeterias,
restaurants, fast food establishments and like facilities.
77. Food processing: a business which is engaged in the slaughtering of livestock; or a
business which is involved in cooking of food stuffs or consumable products as a prelude
to canning, bottling or packaging; or a business engaged in the distilling, brewing,
separating or refining food products by heating.
78. Food services: a business engaged in serving prepared foods to the public, but not
engaged in a cooking process. Such enterprises may Include, but are not limited to salad
bars, sandwich shops and ice cream parlors. This use may include on-site cooking if
measures are taken to prevent odors from being vented to the outside of the structure.
79. Frequency: the number of times per second a vibration or sound wave oscillates.
80. Front area: that part of the mobile home space which abuts the common access or private
drive, if double, the owner shall elect which one is the front, and such an election shall be
stated shown on the final plat.
81. Glare: the effect produced by brightness sufficient to cause annoyance, discomfort, or loss
in visual performance and visibility.
82. Golf course: (1) a golf course may be constructed by a private Individual or group and
operated as a commercial enterprise other than a driving range, miniature golf or similar
golf-oriented commercial amusement or (2) a golf course may be owned and operated by
the city for the use, benefit and enjoyment of the citizens or by some other public agency
such as the state or county.
83. Greenhouse: a building whose roof and sides are made largely of glass or other transparent
or translucent material and in which the temperature and humidity may be regulated for the
cultivation of delicate or out-of-season plants for subsequent safe or for personal
enjoyment.
84. Group home - Type I: a family-based or community-based residential facility providing 24
hour care in a protected living arrangement for not more than eight (8) residents, or six (6)
residents and two (2) supervisors. This classification Includes homes for the handicapped
as defined in 42 U.S.C. § 3602(h), congregate living facilities for persons over sixty (60)
years of age or older, and maternity homes. This classification also Includes foster homes
for not more than six (6) children in addition to the foster parents and the foster parents'
own children.
85. Group home - Type 11: a community-based residential facility providing 24 hour care in a
protected living arrangement for not more than 15 residents plus 1 supervisor per 4
residents. This classification includes homes for the handicapped as defined in 42 U.S.C.
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§ 3602(h), congregate living facilities for persons over sixty (60) years of age or older,
maternity homes, and shelters for victims of crime, abuse or neglect. This classification
also includes foster homes for not more than fifteen (15) children in addition to the foster
parents and the foster parents' own children.
86. Group home - Type III: a community-based residential facility providing 24 hour care In a
protected living arrangement for not more than 15 residents plus 1 supervisor per 4
residents. This classification includes homes for juvenile delinquents, and halfway houses
providing residence in lieu of institutional sentencing.
87. Height: the vertical distance of a building measured from the average established grade
at the street line or from the average natural front yard ground level, whichever is higher,
to (i) the highest point of the roofs deck surface if a flat surface, (i) the deck line of mansard
roofs, or (iii) the mean height level between eaves and ridge for hip and gable roofs and,
in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks,
water towers, radio towers, ornamental cupolas, domes or spires and parapet walls not
exceeding ten (10) feet in height. If the street grade has not been officially established, the
average front yard grade shall be used for a base level.
88. Heavy assembly: Uses include those which require material handling equipment to move
a single finished product and could require specialized transportation needs because of the
weight or size of the finished product. This does not include uses involved in the
manufacturing process.
89. Heavy equipment: generally relates to construction-type equipment not licensed for
continuous operations on streets and roads, material handling equipment (not to Include
material movers operating within an enclosed building), tracked vehicles and similar type
equipment but not to include tractor/trailers used for transportation.
90. Heavy manufacturing: includes those uses involved in the mechanical or chemical
transformation of materials or substances into new products. These processes generally
produce nuisance factors such as noise, odors, dust, late-night operations, glare and
others. These uses could have unique transportation needs due to the size or weight of the
product being shipped or received.
91. Helipad: an area, either at ground level or elevated on a structure for landing, loading,
takeoff or tie-down of a single helicopter, and which does not include auxiliary facilities such
as waiting room, fueling and maintenance equipment. On-site facilities may include a
paved area for landing, paint striping, perimeter lights if required, and a wind direction
devise.
92. Heliport: an area, either at ground level or elevated on a structure, licensed or approved
for the loading and takeoff of helicopters and other rotary wing aircraft, and Including
auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
93. Home occupation: Any occupation or activity which Is clearly incidental and secondary to
the use of the premises for dwelling purposes and Is not detrimental to the enjoyment of
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adjoining property. A home occupation Is an occupation carried on in the main structure,
by a member of the occupant's family without the employment of additional persons, and
without the use of a sign to advertise. This use also allows for Family Home Day Care
which provides care on less than 24-hour basis for 6 children or less under the age of 14
years, excluding the caretaker's own children. A home occupation specifically excludes the
operation of a carpenter's, electrician's or a painters shop or similar contractor's shop, an
appliance, automobile or furniture repair shop or similar repair shop; a barber or beauty
shop; a storage or distribution warehouse; a sign shop and any form or on-premises
merchandising activity. A home occupation also excludes a doctor's office or similar office
that depends upon substantial client traffic to the premise.
94. Hospital (acute care): an Institution where sick or Injured patients are given medical or
surgical treatment intended to restore them to health and an active life, and which Is
licensed by the state.
95. Hospital (chronic care): an Institution where those persons suffering from illness, injury,
deformity, deficiency or age are given care and treatment on a prolonged or permanent
basis and which is licensed by the state.
96. Hotel or motel: a building or group of buildings designed and occupied as a temporary
abiding place of Individuals. To be classified as a hotel or motel, an establishment shall
contain a minimum of six (6) individual guestrooms or units and shall furnish customary
hotel services such as linen, maid service, telephone, use and upkeep of furniture.
97. Household metals: Items that are customarily used In a residential dwelling comprised of
any quantity of ferrous or nonferrous metal and not Included in the definition of Industrial
metals. Examples of household metals include, but are not limited to, kitchen pots and
pans, cooking and serving tools, barbecue equipment, window screens, gardening tools
and aluminum foil.
98. Household recyclable materials: items that are customarily used in a residential dwelling
such as aluminum cans, steel cans, glass, paper, plastics and household metals.
99. Industrial metals: Pipes, wires, coils, condensers, guard rails, automotive parts, bulky
appliances and similar Industrial or construction materials which are comprised of any
quantity of ferrous or nonferrous metal.
100. Kennel: A facility in which dogs, cats, or other household pets are kept and where
grooming, breeding, boarding, training or selling of animals is conducted as a business.
101. Licensed private club: a private club, licensed by the state, which sells or serves beverages
to the membership in accord with state regulation.
102. Light assembly: Includes any use whose single finished product does not, because of its
weight or bulk, require handling by equipment or other devises such as overhead cranes,
forklifts and similar equipment. Finished products may include, but are not limited to
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electronics, wearing apparel, consumer products, business products, piece-good assembly
and packing and other such uses.
103. Livestock auction: Sams, pens and sheds for the temporary holding and sale of livestock.
104. Livestock feeding plant, pen or yard: a facility used for the expressed purpose of
confining livestock as opposed to open grazing, with the end result being safe for food
processing or processing for by-products.
105. Lodge, or civic club: social organizations or any other association of persons, whether
incorporated or unincorporated under the laws of the State of Texas, for the promotion of
some common object or purpose to which membership is by invitation only and entrance
to its meeting place is permitted only to members and their invited guest such as Elks,
Masons, Knights of Columbus, labor unions and other such organizations.
106. Luminaire: a complete lighting unit consisting of a light source and all necessary
mechanical, electrical, and decorative parts.
107. Living unit: the rooms occupied by a family and must Include cooking facilities.
108. Lot: land occupied or to be occupied by a building and its'accessory building and including
such open spaces as are required under this chapter and having its principal frontage upon
a public street or officially approved place.
109. Lot coverage: the percentage of the total area of a lot occupied by the base (first story of
floor) of buildings located on the lot or the area determined as the maximum cross-sectional
area of the building.
110. Lot depth: the distance between the front and rear lot lines.
111. Lot lines: the lines bounding a lot.
112. Lot of record: a lot which is part of a subdivision, the plat of which has been recorded in the
office of the county clerk.
113. Lot width: the width of a lot at the front building line.
114. Main building: the building on a lot which is occupied by the primary use.
115. Reserved.
116. Manufactured Housing: a factory built structure that is manufactured or constructed under
the authority of 42 U,S.C. Sec. 5401 and Is to be used as a place for human habitation, but
which is not constructed or equipped with a permanent hitch or other devise allowing it to
be moved other than for the purpose of moving to a permanent site, and which does not
have permanently attached to its body or frame any axles or wheels.
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117. Manufactured housing subdivision:
1. An area of individual platted lots which meet the requirements of the manufactured
housing and mobile home (MH) district regulations.
2. A united development of lots which have been platted for the purpose of individual
ownership, and which is governed by the provisions of the Subdivision and Land
Development Regulations of the City of Denton.
118. Manufacturing from petroleum related products: a use engaged in the manufacturing of
products or components from those products or components once manufactured, or
created from petroleum resources. Products or components may include, but are not
limited to plastics, man-made fibers for clothing, thinners, paints, glues, synthetic rubber
and other compounds.
119. Manufacturing from raw natural materials: a use which takes a natural resource or element
from the smelting or separation process and employs machinery to manufacture
components used by an Industry or as a finished product. Manufacturing may Include, but
not limited to glass, wood products, steel or Iron products, paper products, ceramics and
related products.
120. Mining: the extraction of minerals including, but not limited to solids, such as coal and ores.
The term also Includes quarrying; well operations; milling, such as crushing, screening,
washing, floatation; and other preparation customarily done at the mine site or as part of
a mining activity.
121. Mixing and sale of concrete: a facility for the mixing and sale of concrete by the yard used
for household and small scale do-it-yourself projects and generally established with, but not
limited to, commercial rental yards and transported to project site by passenger cars,
pickups, vans and vehicles not exceeding one and one-half (1%) tons in weight.
122. Mobile home: a transportable, factory-built home, designed to be used cs a year-round
residential dwelling and built prior to enactment the Federal Manufactured Housing
Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
123. Mobile home lot: a parcel or Tract of land for the placement of a single mobile home and
the exclusive use of its cccupants and which is located in a mobile home subdivision
approved by the planning and zoning commission of the city.
124. Mobile home park:
1. A tract of land designed or being used to accommodate one or more portable
dwelling units originally designed to be moved on wheels from location to location
by automobile, truck or similar prime mover or self-propelled units.
2. An area owned by one or more persons with the purpose of creating lease space
or stands for siting mobile homes or manufactured housing as defined herein.
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125. Modular homes: factory-built housing certified as meeting local and State building codes
as applicable to modular housing. Once certified by the State, modular homes shall be
subject to the same standards as site-built single-family detached homes. For the purpose
of this definition, a modular house is not attached to axles and wheels which require it to
be transported to a site, requires a permanent foundation, and is assembled to two or more
modules to create a single unit.
128. Multiple materials recycling facility: a totally enclosed facility for salvaging scrap or
discarded materials. Scrap or discarded materials Include, but are not limited to metal,
paper, cloth, tires, glass, plastic or aluminum. This definition also Includes facilities for
recycling recoverable resources such as newspapers, magazines, books and other paper
products; glass, metal cans, and other products to return such products to a condition In
which they may again be used In production. This definition does not include operations
involved In dismantling, keeping or storing of scrap or discarded materials; portable
containers used to collect recyclable products; or hazardous or blologica! waste.
127. Nonconforming use: a building, structure or use of land lawfully occupied at the time of the
effective date of the ordinance from which this chapter Is derived and which does not
conform to the use regulations of the district In which it Is situated.
128. Nude model studio: any place where a person whoappears In a state
„ of nudity or displays
"specified anatomical areas" Is provided to be observed,
sketched, drawn, painted,
sculptured, hot ra hed or similarly depicted by other persons who pay money or any
form of consideration.
129. Nudity or state of nudity:
A the appearance of a human bare buttock, anus, male genitals, female genitals, or
female breasts; or
B. a state of dress which fails to opaquely cover a human buttock, anus, male genitals,
female genitals, or areola of the female breast.
130. Nursery: land or greenhouses used to raise flowers, shrubs and plants for sale.
1311. Nursing home or residence home for aged: a home where III or elderly people are
provided with lodging and meals, with or without nursing care.
132. Occasional sales: The intermittent use of property In residential districts for the selling of
tangible personal property Including but not limited to garage, rummage, estate or tag sales
and auctions.
133. Octave band: a portion of the audible sound spectrum.
134. Odor threshold: the concentration of odorous matter In the atmosphere necessary to be
perceptible to the olfactory nerve of a normal person. Determination of the odor threshold
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Is prescribed by A.S.T.M,D. 1391-57, "Standard Method for Measuring Odor in
Atmosphpre."
135. Organized sport facilities: an outdoor, indoor or partially enclosed facility whose primary
function is to provide for athletic games or physical competition to be viewed by an
audience. When a playfield or stadium is privately owned, it shall be considered an
organized sport facility or amusement, commercial outdoor.
136. Outside storage: the keeping of any goods, material, merchandise, or vehicles in the same
place for more than twenty-four (24) hours in an unenclosed area.
137. Occupancy: the use or intended use of the land or building by proprietors or tenants.
138. Open space: the area Included in any side, rear or front yard or any unoccupied space on
the lot that is open and unobstructed to the sky, except for the ordinary projections of
cornices, eaves, porches and plant material.
139. Park or playground: an open recreation facility or park owned and operated by a public
agency such as the city parks and recreation department or school board and available to
the general public.
140. Parking space: a hard-surface area, i.e., concrete or asphalt, that is marked to delineate
individual parking spaces. No parking area or maneuvering space shall encroach on a
public street, and access to all parking areas shall be provided by distinct driveways from
adjacent public streets.
141. Parking lot structure, commercial (auto): an area or structure devoted to the parking or
storage of automobiles for a fee. The term may include, in the case of a parking structure
only, a facility for servicing of automobiles, provided such facility is primarily an Internal
function for use only by automobiles occupying the structure and creates no special
problems of ingress or egress.
142. Particulate matter: finely divided solid or liquid matter, other than water, which Is released
into the atmosphere.
143. Passive recreation: a park whose appurtenances are limited to those facilities which are
used mainly by the immediate neighborhood. Such facilities may include playground
equipment, jogging/nature/sport trails, picnic area, detentionlretention ponds and other such
facilities.
144. Personal services: these uses shall Include, but not limited to barbers, beauty shops, shoe
repair, dry cleaning (not Including dry cleaning plants), florist, tailor, dressmaker, clothes
alterations or similar type service.
145. Petroleum collecting or storage facilities: devises used to collect and/or store petroleum
products as a result of immediate subsurface extraction, which ineudes well heads,
pumping units, storage tanks and necessary piping and appurtenances.
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146. Philanthropic institution: an organization which is not operated for the purpose of carrying
on a trade or business and no part of the net earnings of which are for the benefit of any
individual. Definition shall exclude uses operated as retail and those uses requiring truck
loading docks.
147. Planning and zoning commission: the agency appointed by the city council as an advisory
body to it and which is authorized to recommend changes in zoning.
148. Place for public assembly: a place designated for public use which does not include such
areas as stairways, store rooms, rest rooms, mechanical and like areas. For outdoor
application this would include, but is not limited to pavilions or like areas designed for
meetings and congregating.
149. Playfield or stadium: an athletic field or stadium owned and operated by a public agency or
educational institution for the general public including a baseball field, golf course, football
field or stadium. This definition specifically addresses those field games or events which
Include fixed bleachers for spectator viewing and lighted fields. See organized sport
facility.
150. Public building, shop or yard of local, state or federal government means facilities such as
office buildings, maintenance yards or shops required by branches of local, state or federal
government for service to an area such as highway department yard or city service center.
151. Private garage: an accessory building housing vehicles owned and used by occupants of
the main building; if occupied by vehicles of others, it is a storage space.
152. Public safety building: a building whose primary purpose is to respond to public need for
emergency services which Include, but are not limited to fire station, police dispatch and
ambulance and emergency utility services.
153. Radio, television or microwave towers: structures supporting antennas for transmitting or
receiving any portion of the radio spectrum, but excluding noncommercial antenna
Installations for home use of radio or televisions.
154. Railroad team track: a siding for spotting and unloading or loading box cars or other
railroad cars and which area is connected to a public street by a drive for access.
155. Railroad track or right-of-way does not include railroad stations, sidings, team tracks,
loading facilities, docks, yards or maintenance areas.
156. Recycling collection center. A facility for the collection and temporary storage of household
recyclable materials including such uses as mobile collection centers, mobile redemption
centers, material recycling centers, reverse vending machines and material recycling bins.
157. Religious Institution: a term which denotes a tax-exempt entity created for the purpose of
religious Instruction or training.
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158. Remote off-street parking space: an off-street parking space which is not located on the
same lot pr tract occupied by the building or use being served.
159. Residence: the same as dwelling. When used with district, "residence" means an area of
residential regulations.
160. Restaurant: a business where food service for on-site consumption is limited to a dining
room or patio area.
161. Roominghouse: a building where lodging for five (5) or more persons is provided for
compensation. (See Boarding House #26)
162. School, business or trade: a business organized to operate for a profit and offering
Instruction and training in a service or a. It such as a secretarial school, barbEe college,
beauty school or commercial art school.
163. School, Parochial: a building where persons regularly assemble fo• the purpose of
instruction or education and includes playgrounds, stadia, and other structures or grounds
used in conjunction therewith. Schools may have special educational fact ties in which
students who have physical or learning disabilities receive specialized educ-Minn in lieu of
attending regular classes in a kindergarten or grades one through twelve. A Parochial
school is supported and controlled by a church or religious organization.
164. School, private: a building where persons regularly assemble for the purpose of instruction
or education and includes playgrounds, stadia, and other structures or grounds used In
conjunction therewith. Schools may have special educational facilities in which students
who have physical or learning disabilities receive specialized education in lieu of attending
regular classes in a kindergarten or grades one through twelve. A school operated by an
organization other than the State of Texas, and having a curriculum generally equivalent
to public elementary or secondary schools, but not Including a trade or commercial school
or a parochial school as defined in #163.
165. School, public: a building where persons regularly assemble for the purpose of instruction
or education and includes playgrounds, stadia and other structures or grounds used in
conjunction therewith. Schools may have special educational facilities in which students
who have physical or learning disabilities receive specialized education In lieu of attending
regular classes in a kindergarten or grades one through twelve.
166. Scientific or research laboratory: an establishment or other facility for investigation in the
natural, physical or social sciences, or engineering and development as an extension of
investigation.
167. Screen: a barrier installed to block the visual or nuisance effects of a use from adjacent
uses as required. Screens may be both living and non-living.
168. Screening device: includes, but not limited a solid masonry wall, wooden fence or dense
plantings of shrubs or other vegetation forming a sight screen.
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169. Sexual encounter center: an establishment whose major business is the furnishing of a
location where customers either congregate, associate, or consort with employees who
engage in specified sexual activities" with or in the presence of such customers, or who
display "specified anatomical areas" In the presence of such customers, with the intent of
providing sexual stimulation or sexual gratification to such customers.
170. Sexually oriented business: an adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion pictum theater, adult theater, escort agency, nude model
studio or sexual encounter center.
171. Specified anatomical areas: human genitals in a state of sexual arousal.
172. Specified sexual activities: Includes any of the following:
A. the fondling or other erotic touching of the human genitals, pubic region, buttocks,
anus, or female breasts;
B. sex acts, normal or perverted, actual or simulated, including Intercourse, oral
copulation, or sodomy;
C. masturbation, actual or simulated; or
0. excretory functions as part of or in connection with any of the activities set forth In
(A) through ® above.
173. Stable, boarding: a stable and related open pasture where horses are quartered for owners
on a fee basis.
174. Stable, commercial: an establishment where horses are kept and rented to the general
public for riding.
175. Stable, private club: a paddock, stable and related riding and quartering facilities for horses
owned by a specific number of recorded members and maintained for the exclusive use of
such members and guests.
176. State of nudity:
A. the appearance of a human bare buttock, anus, male genitals, female genitals, or
female breasts; or
B. a state of dress which fails to opaquely cover a human buttock, anus, male genitals,
female genitals, or areola of the female breast.
177. Story: the height between the successive floors of a building or from the top floor to the
roof. he standard height for a story Is eleven (11) feet, six (6) Inches.
178. Street: any thoroughfare or public driveway, other than an alley, more than thirty (30) feet
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in width which has been dedicated or deeded to the public for public use.
179. Street line: a dividing line between a lot, Iract or parcel of land and a contiguous street; the
right-of-way line.
180. Structural alteration: any chanje In the supporting member of a building, such as a bearing
wait, column, beam or girder.
181. Structure: the same as building.
182. Swim or tennis club: a private recreational club with restricted membership, usually of less
area than a country club, but including a clubhouse and a swimming pool, tennis courts and
similar recreational facilities, none of which are available to the general public.
183. Smelting or separating of raw natural materials: the process of taking a natural resource
and separating it, by heat or other method, for the purpose of using one or more of the
resulting elements for further refinement or for export or manufacturing. Raw natural
materials are those materials which have been extracted from the earth.
184. Subsurface materials: to include any naturally occurring substance contained under the top
soil layer of the earth, but excluding water and petroleum related materials.
185. Telephone exchange, switching relay and transmitting equipment does not include public
business facilities, storage or repair facilities.
186. Temporary field or construction office: a structure or shelter, subject to removal by order
of the building official, used in connection with a development or building project for housing
on the site of temporary administrative and supervisory functions and for sheltering
employees and equipment.
187. Temporary use: a use granted a temporary use permit by the building official In accordance
with Section 35-329 of this chapter.
188. Thoroughfare: the same as street.
189. Transfer Stations (Public or Private): a totally enclosed building used for the collection and
temporary storage of solid wash accumulated from residential and nonresidential uses
awaiting transfer to a landfill and equipped with drive-In or drive through facilities to permit
loading or unloading of solid waste. This definkion does not include the collection, handling
or disposal of hazardous or biological waste.
190. Travel Trailer a vehicular, portable structure built on a chassis, designed to be used as a
temporary dwelling, self-propelled or to be towed tehind a motor vehicle, without special
permit being needed, and having an overall length of not more than forty (40) feet. Term
does not Include mobile homes, as defined or like facilities.
191. Travel Trailer or Motor Home Park: a unified development under private ownership
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designed primarily for transient service, on which travel trailers, pickup coaches and
self-propelled motorized vehic;es are parked or situated and used for the purpose of
supplying to the public a parking space for such vehicles. Park may also Includa camping
facilities which include grips, tent pads, tents, cabins, shelters, and other recreation
amenities such as playgrounds, swimming pools, game areas and like facilities.
192. Truck Stop: any building, premises or land in which or upon which a business, service or
industry involving the maintenance, servicing, storage or repair of commercial vehicles is
conducted or rendered including the dispensing of motor fuel or other petroleum products
directly into motor vehicles, the sale of accessories or equipment for trucks and similar
commercial vehicles. A truck stop also may include overnight accommodations and
restaurant facilities solely for the use of truck crews.
193. Variance: an adjustment in the application of the specific regulations of this chapter to a
particular parcel of property which, bacause of special conditions or circumstances peculiar
to the particular parcel, is necessary to prevent the property from being deprived of rights
and privileges enjoyed by other parcels in the same vicinity and zoning district.
194. Vertiport: a facility designed for aircraft which may make use of tilt-wing technology and
which requires a runway for takeoff.
195. Warehousing: The primary use of property which includes, but Is not limited to, handling
commercial fre'ght, with or without maintenance facilities, where goods are deliverer{ and
transferred from a truck or other form of transportation to a temporary storage area or to
other trucks or other forms of transportation for commercial distribution.
Distribution/warehousing use shall not Include the use of property for the rental of storage
space to individuals for household goods or other materials for long term storage,
commonly known as "mini-warehouses."
198. Wrecking or auto salvage yard: a yard or building where automobiles or machinery are
stored, dismantled and/or offered for sale as whole units, as salvaged parts or as
processed metal.
197. Yard, fronts an open, uno%,cupied space on a lot adjacent to a street extending across the
front of a lot between the side lot lines and from the main building line as specified for the
district in which it is located. This front yard shall not be obstructed from a point forty eight
(48) Inches above the general ground level by a fence or other object, except as provided
for roof overhang or similar special architectural features or plant material.
198. Yard, rear: an open, unoccupied space, except for accessory buildings as permitted In this
chapter, extending across the rear of a lot from one (1) side lot line to the other side lot line
and having a depth between the rear of the building and the rear lot line as specified in the
district in which the lot is situated.
199. Yard, side: an open, unoccupied space or spaces on one (1) side or two (2) sides of a main
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building and on the same lot with the building, situated between the building and a side line
of the lot and extending through from the front yard to the rear yard. Any lot line, not the
rear line or a front line, shall be deemed a side line.
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ARTICLE III RESIDENTIAL DISTRICTS
SEC. 35-20 SINGLE FAMILY (SF- E)
Sec. 35.21 PURPOSE
The "SF- E" district is intended as an area for very low density residential development, with a
minimum lot size of one acre.
See. 35-22 PERMITTED USES
The following uses of land are authorized as permitted uses within the Single Family "SF- E" zoning
district:
One-Family Dwelling, Detached (Refer to Article 2; Definition 462)
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec. 35-327 "Access to collector
streets")
Group Home - Type I (Refer to Article 2; Definition #84)
Park or Playground (Refer to Article 2; Definition 4139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #164) (Refer to Sec. 35.327 "Access to collector
streets')
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets')
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition # 143)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition 4185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
See. 35-23 SPECIFIC USE PERMIT
The following uses of land are authorized within the Single Family "SF-E" zoning district upon
issuance of a specific use pemut under the regulations contained in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition #61)
Art gallery or museum (Refer to Article 2; Definition #19)
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College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition #54)
Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition #168) (Refer to Sec. 35-327
"Access to collector streels'~
Electrical Substation
Community center (private)(Refer to Article 2; Definition #43)
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition #150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec. 35-322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; r.efinition #46)
Golf course, Lighted facilities (Refer to Article 2; Definition 482)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition #12)
Sec. 35-24 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Single Family "SF-E" zoning
district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322 )
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition 493)
Satellite Dish (Refer to Sec. 322, C )
Off-street parking (Refer to Sec. 35-332, 8-12 "Parking and loading regulations")
Sec. 35-25 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Single Family "SF-E"
zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control by the Building Official)
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Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
See. 35-26 HEIGHT AND AREA REGULATIONS
A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is inconformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdiyjsio Land
Development Regulations, may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 40 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet lon3, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
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6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure g)
D. Minimum Side Yard Setback (Refer to Appendix A, figure 9)
15 feet
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback
] 0 feet
1 • Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
0. Minimum Lot Size
1 Acre
H. Minimum Lot Width (Refer to Appendix A, figure 1) 150 feet
1. Minimum Lot Depth (Refer to Appendix A, figure 2)
150 feet
I Maximum Building Coverage for all buildings including accessory buildings 20%
K. Maximum Height
3 Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
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2. Water stand pipes and tanks, church steeples, domes or spires may be erected to exceed the
three (3) stories in height, provided that one additional foot shall be added to the width and
depth of side and rear yards for each foot that such structures exceed three (3) stories in
height.
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Sec. 35-30 AGRICULTURAL DISTRICT (A)
Sec. 35-31 PURPOSE
The "A" District is intended to provide for farming, dairying, pasturage, horticulture, animal
husbandry and the necessary accessory uses for the packing, treating or storing of produce. It is
anticipated that all "A" districts will be changed to other zoning classifications as the City is
developed over time.
See. 35-32 PERMITTED USES
The following uses of land are authorized as permitted uses within the Agriculture "A" zoning
district:
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec, 35-327 "Access to collector
streets')
Group Home - Type I (Refer to Article 2; Definition 484)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35.327 "Access to collector streets")
Park or Playground (Refer to Article 2; Definition #139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Substation
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition # 143)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition #46)
Golf Course, no lighted facilities (Refer to Article 2; Definition 482)
Play field or stadium, Public (Refer to Article 2; Definition 4149)
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
Farm or Ranch (Refer to Article 2; Definition #70)
Greenhouse or Plant Nursery (Refer to Article 2; Definition #83)
Hatchery, poultry
Recycling collection center, public (Refer to Article 2; Definition 4156) (Refer to Sec. 35-326)
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Sec. 35-33 SPECIFIC USE PERMIT
The following uses of land are authorized within the Agriculture "A" zoning district upon issuance
of a specific use permit under the regulations contained in Section 35-370 of this chapter.
Hotel or motel (Refer to Article 2; Definition #96)
Trailer camp, mobile home park or manufactured housing subdivision (Refer to Sec. 35.324 )
Art gallery or museum (Refer to Article 2; Definition 419)
College or university (Refer to Ari.cle 2; Definition #40)
Cemetery or Mausoleum
Correctional facilities (Refer to Article 2; Definition 445)
Day camp (Refer to Article 2; Definition #54)
Day nursery or kindergarten school (Refer to Article 2; Definition 455)
Fraternity, sorority, lodge or civic club
Home for care of alcoholic, narcotic or psychiatric patients
Hospital (general acute care) (Refer to Article 2; Definition 494)
Hospital (chronic care)(Refer to Article 2; Definition #95)
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition 4164) (Refer to Sec. 35-327
"Access to collector streets'")
School, business or trade (Refer to Article 2; Definition #162) (Refer to Sec. 35-327 "Access to
collector streets")
Community center (private)(Refer to Article 2; Definition 443)
Electrical generating plant
Private utility shop or storage yard
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition #150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec. 35-322)
Sewage treatment plant
Amusement, Commercial (outdoor) (Refer to Article 2; Definition #15)
Dance hall or night club (Refer to Article 2; Definition #53)
Drag strip or commercial racing
Fairground or exhibition area
Go-cart track
Golf course, Lighted facilities (Refer to Article 2; Definition 982)
Fire arm range, outdoor
Archery range, outdoor
Rodeo grounds
Roller or ice skating rink
Stable, private club (Refer to Article 2; Definition #175)
Stable, commercial rental (Refer to Article 2; Definition #174)
Stable, boarding (Refer to Article 2; Definition 4173)
Swim or tennis club
Theater, drive-in
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Airport landing field or heliport (Refer to Article 2; Definition #12)
Railroad team track (Refer to Article 2; Definition # 154)
Florist or garden shop
Greenhouse or plant nursery (Refer to Article 2; Definition 483)
Animal pound (public or private) (Refer to Article 2; Definition 916)
Animal clinic, hospital or kennel with outside runs or pens
Animal clinic, hospital or kennel (no outside runs or pens)
Livestock processing, slaughterhouse or poultry dressing
Livestock auction (Refer to Article 2; Definition #103)
Livestock feeding plant, pens or yard (Refer to Article 2; Definition #104)
Sand, gravel or earth sales or storage
Scientific or research laboratory (Refer to Article 2; Definition #166)
Extraction and storage of sand, caliche, stone, clay or gravel
Petroleum or gas well
Petroleum collecting or storage facilities (Refer to Article 2; Definition #145)
Brick kiln or tile plant (Refer to Article 2; Definition #27)
Cement or hydrated lime manufacture
Dump or sanitary landfill area
Sec. 35-34 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Agriculture "A" zoning
district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure- for Amateur Radio Station (Refer to Sec. 35-322 )
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35.322)
Off-street parking (Refer to Sec. 35-332, 8-12 "Parking and loading regulations')
Sec. 35-35 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Agriculture "A" zoning
district:
Field or and Construction Office (Refer to Article 2; Definition 471) (Refer to Sec. 35-328 for
approval and control by the Building Official)
Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
Events of Public interest (Refer to requirements in Sec. 35-329)
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Christmas tree sales (Refer to requirements in Sec. 35-329)
Sec. 35-36 HEIGHT AND AREA REGULATIONS
A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted to this district unless such building or structure and the
lot or tract on which it is or is to be located is inconformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Land
Development Regulations, may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 40 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
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6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
' than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
D. Minimum Side Yard Setback (Refer to Appendix A, figure 9) 15 feet
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback 10 feet
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
a. Minimum Lot Size 1 Acre
H. Minimum Lot Width (Refer to Appendix A, figure 1) 150 feet
1. Minimum Lot Depth (Refer to Appendix A-2) 150 feet
J. Maximum Building Coverage for all buildings including accessory buildings 20%
K. Maximum Height 3 Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
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2. Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed the three (3) stories in height, provided that one additional foot shall be added
to the vaidth and depth of side and rear yards for each foot that such structures exceed
three (3) stories in height.
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SEC. 35-40 SINGLE FAMILY (SF-16)
See. 3541 PURPOSE
The "SF-16" zoning district is intended as an area for low density resid-mtial development with a
minimum lot size of 16,000 square feet.
Sec. 35-42 PERMITTED USES
The following uses of land are authorized as permitted uses within the Single Family "SF-16" zoning
district:
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec. 35-327 "Access to collector
streets")
Group Home - Type I (Refer to Article 2; Definition #84)
Park or Playground (Refer to Article 2; Definition # 139)
School, parochial (Refer to Article 2; Definition 4163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
Y: 7 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition # 143)
Telephone tine and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.O.W. (Refer to Article 2; Definition # 155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
Sec. 35-43 SPECIFIC USE PERMIT
The following uses of land are authorized within the Single Family "SF-16" zoning district upon
issuance of a specific use permit under the regulations contained in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition #61)
Art gallery or museum (Refer to Article 2; Definition #19)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition 454)
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Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition #164) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Community center (private)(Refer to Article 2; Definition #43)
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition #150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec, 35-322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition #46)
Golf course, Lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition #12)
Sec. 35-44 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Single Family "SF-16"
zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35.322 )
Occasional Sales (Refer to Article 2; Definition 4132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8-12 "Parking and loading regulations")
Sec. 35-45 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Single Family "SF-16"
zoning district;
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
Sec. 35-46 HEIGHT AND AREA REGULATIONS
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A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or convected for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is inconformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Lan
Development Regulations, may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 35 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
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than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
D. Minimum Side Yard Setback (Refer to Appendix A, figure 9) 10 feet
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback 10 feet; 20 feet for garage portion accessed from rear
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the requ,,ed rear yard.
G. Minimum Lot Size 16,000 sq. ft.
i
H. Minimum Lot Width (Refer to Appendix A, figure 1) 100 feet
1. Minimum Lot Depth (Refer to Appendix A, figure 2) 120 feet
J. Maximum Building Coverage for all buildings including accessory buildings 35%
K. Maximum Height 2%2 Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
2. Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed the two and one half ( 2'/2) stories in height, provided that one additional foot
58
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shall be added to the width and depth of side and rear yards for each foot that such
structures exceed the two and one half ( 2%) stories in height.
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Sec. 35-50 SINGLE FAMILY (SF-13)
Sec. 35-51 PURPOSE
The "SF-13" District is intended as an area for moderate density single family development, with
a minimum lot size of 13,000 square feet.
See. 35-52 PERMITTED USES
The following uses of land are authorized as permitted uses within the "SF-13" zoning district:
One-Family Dwelling, Detached (Refer to Article 2; Definition 462)
Church or rectory (Refer to Article 2; Definition 437) (Refer to Sec. 35-327 "Access to collector
streets')
Group Home - Type i (Refer to Article 2; Definition 484)
Park or Playground (Refer to Article 2; Definition 4139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition #143)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition 482)
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
Sec 35-53 SPECIFIC USE PERMIT
The following uses of land are authorized within the Single Family "SF-13" zoning district upon
issuance of a specific use permit under the regulations contained in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition #61)
Art gallery or museum (Refer to Article 2; Definition #19)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition #54)
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Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary(Refer to Article 2; Definition 4165) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition #150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec. 35-322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition 446)
Golf course, bighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition #12)
Sec. 35-54 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Single Family "SF-13"
zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antemia and Support Structure for Amateur Radio Station (Refer to Sec. 35-322 )
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35.332, 8-12 "Parking and loading regulations")
See. 35-55 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Single Family "SF-13"
zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
See, 35-56 HEIGHT AND AREA REGULATIONS
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A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or convected for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is inconformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Land
Development Regulations, may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
! C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 30 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
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than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
D. Minimum Side Yard Setback (Refer to Appendix A, 1;;ire 9) 8 feet
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback 10 feet; 20 feet for garage portion accessed from rear
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
I
G. Minimum Lot Size 13,000 sq. ft.
H. Minimiun Lot Width (Refer to Appendix A, figuu 1) 80 feet
1. Minimum Lot Depth (Refer to Appendix A, figure 2) 120 feet
J. Maximum Building Coverage for all buildings including accessory buildings 35%
K. Maximum Height 2% Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
2. Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed the two and one half ( 2%, ) stories in height, provided that one additional
foot shall be added to the width and depth of side and rear yards for each foot that
such structures exceed the two and one half ( 2% ) stories in height.
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Sec. 35-60 SINGLE FAMILY (SF-10)
Sec. 35-61 PURPOSE
The "SF-10" District is intended as an area for moderate density single family development , with
a minimum lot size of 10,000 square feet.
Sec. 35-62 PERAIITTED USES
The following uses of land are authorized as permitted uses within the "SF-10" zoning district:
r One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec. 35-327 "Access to collector
streets")
Group Home - Type I (Refer to Article 2; Definition #84)
Park or Playground (Refer to Article 2; Definition #139)
School, parochial (Refer to Article 2; Definition # 163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition 4152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition #143)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.O.W. (Refer to Article 2; Definition 4155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
Sec. 35-63 SPECIFIC USE PERMIT
The following uses of land are authorized within the Single Family "SF-10" zoning district upon
issuance of a specific use permit under the regulations contained in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition #61)
Art gallery or museum (Refer to Article 2; Definition #19)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition 454)
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Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition 4164) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Community center (private)
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition #150)
Radio and television or microwave tower, (Refer to Article 2; Definition #153) (Refer to Sec. 35-
322)
Watcr treatment plant
Country club (private) with golf course (Refer to Article 2; Definition 446)
Golf course, Lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition #12)
See. 35-64 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Single Family "SF-10"
zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition 493)
Satellite Dish (Refer to Sec. 35-322. C )
Off-street parking (Refer to Sec. 35-332, 8.12 "Parking and loading regulations")
Sec. 35-65 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Single Family "SF-10"
zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition #7l) (Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
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Sec. 35-66 HEIGHT AND AREA REGULATIONS
A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is in conformity with all regulations. However,
any lot which is apart of a platted subdivision, in compliance with the Subdivision and Lmd
Development Regulations, may be used for any use permitted in this district.
j B. A lot having less area, width or depth than herein required which was a platted lot prior to
1 January 14, 1969 may be used for any use permitted in this district.
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C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 30 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lets have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a. street right-of-way
line. (Refer to Appendix A, figure 10) .
6. Where existing buildings in a block conform to a setback which is less than the
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minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
than;
23 feet for front entry garages
20 feet for rear entry garages
(Refer tc Appendix A, figure 8)
D. Minimum Side Yard Setback (Refer to Appendix A, figure 9) 7 feet
I. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback 10 feet; 20 feet for garage portion accessed from rear
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
0. Minimum Lot Size 10,000 sq. ft.
H. Minimum Lot Width (Refer to Appendix A, figure 1) 70 feet
1. Minimum Lot Depth (Refer to Appendix A, figure 2) 120 feet
J. Maximum Building Coverage for all buildings including accessory buildings 35%
K. Maximum Height 2'/2 Stories
I. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
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2. Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed the two and one half ( N ) stories in height, provided that one additional
foot shall be added to the width and depth of side and rear yards for each foot that
such structures exceed the two and one half ( 2'/ ) stories in height.
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Sec. 35-70 SINGLE FAMILY (SF-7)
Sec. 35-71 PURPOSE
The "SF-7" District is intended as an area for moderate density single family development, with
a minimum lot size of 7,000 square feet.
Sec. 35-72 PERMITTED USES
The following uses of land are authorized as permitted uses within the "SF-7" zoning district:
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
Church or rectory (Refer to Article 2; Definition 437) (Refer to Sec. 35-327 "Access to collector
streets")
Group Nome - Type 1(Refer to Article 2; Definition 484)
Park or Playground (Refer to Article 2; Definition #139)
School, parochial (Refer to Article 2; Definition #163XRefer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets')
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition #143)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.O.W. (Refer to Article 2; Definition 4155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
Sec. 35-73 SPECIFIC USE PERMIT
The following uses of land are authorized within the Single Family "SF-7" zoning district upon
issuance of a specific use permit under the regulations contained in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition #61)
Art gallery or museum (Refer to Article 2; Definition #19)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition 454)
Day nursery or kindergarten school (Refer to Article 2; Definition #55)
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Hospital , general acute care (Refer to Article 2; Definition 494)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets')
Nursing home or residence home for the aged (Refer to Article 2; Definition 4131)
' School, private, primary or secondary (Refer to Article 2; Definition #164) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Community center (private)(Refer to Article 2; Definition #43)
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition 4150)
Radio and television or microwave tower (Refer to Article 2; Defmidon #153) (Refer to Sec. 35-322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition #46)
Golf course, Lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition #12)
Sec. 35-74 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Single Family "SF-7" zoning
district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8 -12 "Parking and loading regulations")
Sec. 35-75 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Single Family "SF-7" zoning
district:
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt hatching plant (Refer to requirements in Sec. 35-329)
Sec, 35-76 HEIGH I' AND AREA REGULATIONS
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A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is in conformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Lan
Development Regulations, may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 25 feet
1. The front yard shall be measured from the property line to the front face of the
building, covered parch, covered terrace or attached accessory building. Eaves and
roof extensions may project into the required front yard for a distance not to exc2 d
four (4) feet and structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which :he building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
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than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
D. Minimum Side Yard Setback (Refer to Appendix A, figure 9) 6 feet
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and odier architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback 10 feet; 20 feet for garage portion accessed from rear
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
0. Minimum Lot Size 7,000 sq. ft.
H. Minimum Lot Width (Refer to Appendix A, figure 1) 60 feet
1. Minimum Lot Depth (Refer to Appendix A, figure 2) 100 feet
J. Maximum Building Coverage for all buildings including accessory buildings 35%
K. Maximum Height 21h Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
2. Water stand pipes and tanks, church steel-.es, domes or spires may be erected to
exceed the two and one half ( 2'/,) stories in height, provided that one additional foot
shall be added to the width and depth of side and rear yards for each foot that such
structures exceed the two and one half (N) stories in height.
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See. 35-80 SINGLE FAMILY (SF-3.5)
Sec. 35-81 PURPOSE
The "SF-3.5" District is intended as an area for high density single family development with a
minimum lot size of 3,500 square feet.
Sec. 35-82 PERMITTED USES
The following uses of land are authorized as permitted uses within the "SF-3.5" zoning district:
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec. 35-327 "Access to collector
streets')
Group Home - Type I (Refer to Article 2; Definition #84)
Park or Playground (Refer to Article 2; Definition #139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to See. 35-327 "Access to collector
streets")
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition #143)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
See. 35-83 SPECIFIC USE PERMIT
The following uses of land are authorized within the Single Family "SF-3.5" zoning district upon
issuance of a specific use permit under the regulations contai led in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition 961)
Art gallery or museum (Refer to Article 2; Definition #19)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition #54)
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Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Hospital , general acute care (Refer to Article 2; Definition 994)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition #164) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Community center (private)(Refer to Article 2; Definition 443)
Public Building, shop, yard or local, state or federal government
Radio and television or microwave tower (Refer to Article 2; Definition #153)(Refer to Sec. 35-
322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition #46)
Golf course, Lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition # 12)
Sec. 35-84 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Single Family "SF-3.5"
zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35.322)
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8-12 "Parking and loading regulations")
Sec. 35-85 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Single Family "SF-3.5"
zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition 471)(Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt hatching plant (Refer to requirements in Sec. 35-329)
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Sec. 35-86 HEIGHT AND AREA REGULATIONS
A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is inconformity with all regulations, However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision anti and
v lopment Regulations, may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8)23 feet for front entry garages
20 feet for rear entry garages
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or assessor. - •ilding including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
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6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
! A. Minimum Side Yard Setback 5 feet; 10 feet minimum between primary use structures
(Refer to Appendix A, figure 9) For zero lot line, one (1) side may equal 0 feet
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other architectural featuees projecting not to exceed twelve
(12) inches into the required side yard and roof ewes projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback 10 feet; 20 feet for garage portion accessed from rear
I . Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
G. Minimum Lot Size 3,500 sq. ft.
H. Minimum Lot Width (Refer to Appendix A, figure 1) 35 feet
1. Minimum Lot Depth (Refer to Appendix A, figure 2) None
J. Maximum Building Coverage for all buildings including accessory buildings 50%
K. Maximum Height 2 Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
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2. Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed the two ( 2) stories in hei?,ht, provided that one additional foot shall be added
to the width and depth of side and rear yards for each foot that such structures exceed
the two ( 2) stories in height.
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See. 35-87 ZERO LOT-LINE STANDARDS FOR SF-3.5 DISTRICT
A. A zero lot line shall signify a side or rear property line which does not require a specific
setback of structures from the said side or rear property line on one (l) lot abutting said side
or rear property line. A structure erected on a zero lot line may have a building on the
property line. The term, zero lot tine, shall apply to any development concept which fulfills
the above definition.
B. Any side or rear lot line may be designated a zero lot line. When such designation is made,
there shall be a maintenance easement established on the lot adjacent the side designated as
the zero lot line.
C. A maintenance easement shall signify an area not less than five (5) feet in width extending
along the property line of the lot where the adjacent property has designated a zero lot line
at the side or rear lot line. A maintenance easement shall be provided in conjunction with
the adjacent zero lot tine to ensure satisfactory clearance between structures on adjacent
properties and to provide an area in which to repair and maintain a structure erected on a
property line.
D. All maintenance easements, front side and rear building lines shall be shown on the plat of
the property.
F. No doors, windows, or openings shall be allowed along the zero lot line.
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Sec. 35-90. TWO-FAMILY DISTRICT (217)
Sec. 35-91 PURPOSE
The two-family "2-F" district is intended as an area in which two dwelling units are located on the
same lot of record. This district is intended to provide suitable housing in areas allowing for a
transition from low density single family to multi family developments.
Sec. 35-92 PERMITTED USES
The following uses of land are authorized as permitted uses within the two-family "2-F" zoning
district:
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
Two-Family dwelling (Refer to Article 2; Definition #65)
Church or rectory (Refer to Article 2; Definition 437) (Refer to Sec. 35-327 "Access to collector
streets")
Group Home - Type I (Refer to Article 2; Definition 484)
Park or Playground (Refs r to Article 2; Definition 4139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition #143)
Sewage pumping station
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.U.W. (Refer to Article 2; Definition 4155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition 4156) (Refer to Sec. 35-326)
Sec. 35-93 SPECIFIC USE PERMIT
The following uses of land are authorized within the two-family "2-F" zoning district upon issuance
of a specific use permit under the regulations contained in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition 461)
Art gallery or museum (Refer to Article 2; Definition #19)
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College or university (Refer to Article 2; Definition 440)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition 454)
Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Hospital , general acute care (Refer to Article 2; Definition #94)
Hospital , chronic care (Refer to Article 2; Definition #95)
Institutions of religious or philanthropic nature
' Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
' Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition #164) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Community center (private) (Re fer to Article 2; Definition #43)
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition #150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec. 35-322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition #46)
Golf course, Lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition 912)
Sec. 35-94 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the two- family "2-17" zoning
district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8.12 "Parking and loading regulations")
See. 35-95 TEMPORARY USES
The following uses of land are authorized as temporary uses within the two-family "2-17" zoning
district:
Field, construction office or real estate sales (Refer to Article 2; Definition #7l)(Refer to See. 35-
328 for approval and control by the Building Official)
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Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35.329)
See. 35-96 HEIGHT AND AREA REGULATIONS
A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is in conformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Land
Development Regulations, may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to appendix A, figures 3-8) 25 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
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6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
D. Minimum Side Yard Setback (Refer to Appendix A, figure 9) 6 feet
Where a building is designed and constructed as a two-family dwelling or one family
dwelling attached is built across a lot line or a lot on which a two-family dwelling is located
is subdivided or resubdivided, no minimum side yard shall be required on that side of the
dwelling where one living unit adjoins the other living unit along a common wall.
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of windowsills,
belt courses, cornices and other architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. Lots which have been platted before January 14, 1969 with lot widths less than the
required minimum shall provide a side yard setback of 10% of the lot width but not
less than 5 feet.
F. Minimum Rear Yard Setback 10 feet
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
G. Minimum Lot Size 6,000 sf;
3,000 sf, Single-Family Attached;
Not more than 2 single family
attached dwellings per lot.
H. Minimum Lot Width (Refer to appendix A, figure 1) 60 feet
30 feet, Single-Family Attached
1. Minimum Lot Depth (Refer to appendix A, figure 2) 100 feet
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J. Maximum Building Coverage for all buildings including accessory buildings 40%
K. Maximum Height
2%: Stories
I • Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building,
2• Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed two and one-half (2%:) stories in height, provided that one additional foot
shall be added to the width and depth of side and rear yards for each foot that such
structures exceed two and one-half (2 %r) stories in height.
L. Building Separations
There shall be a minimum separation between buildings used as multifamily dwellings,
including canopies and balconies, of twenty (20) feet. However, where neither building wall
contains for windows a minimum separation of ten (10) feet may be provided.
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Sec. 35-100 MULTI FAMILY DISTRICT (MF-R)
Sec. 35-101 PURPOSE
The Multi Family "MF-R" district is intended to accommodate medium density three, four, five and
six unit residential dwellings as alternative housing types in suitable areas of the city.
See. 35-102 PERMITTED USES
The following uses of land are authorized as permitted uses within the Multi-Family "MF-R" zoning
district:
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
One-Family Dwelling, Attached (Refer to Article 2; Definition 46 t)
Two-Family Dwelling (Refer to Article 2; Definition 465)
Multiple-family Dwelling or apartment (Refer to Article 2; Definition #64)
Boarding or rooming house (Refer to Article 2; Definition 926)
Church or rectos,, (Refer to Article 2: Definition #37) (Refer to Sec. 35-327 "Access to collector
streets')
Group Home - Type I (Refer to Article 2; Definition 484)
Group Home - Type 11 (Refer to Article 2; Definition 485)
Park or Playground (Refer to Article 2; Definition #139)
School, parochial (Refer to Article 2; Definition #163)(R.fer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35.327 "Access to collector
streets")
Community Center (private) (Refer to Article 2; Definition #43)
Electrical Transmission Line
Fire station or similar public saf:ty building (Refer to Article 2; Definition # 152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition # 143)
Sewage pumping station
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition 432)
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
Sec. 35-103 SPECIFIC USE PERMIT
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The following uses of land are authorized within the Multi Family "MF-R" zoning district upon
issuance of a spevific use permit under the regulations contained in Section 35-370 of this chapter.
Art gallery or museum (Refer to Article 2; Definition # 19)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition #54)
Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Fraternity, Sorority, Lodge or Civic Club
Group Home - type III (Refer to Article 2; Definition #86)
Hospital , general acute care (Refer to Article 2; Definition 494)
Hospital , chronic care (Refer to Article 2; Definition #95)
Institutions of religious or philanthropic nature
Library (public)
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets')
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition 4164) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Definition #46)
Radio and television or microwave tower (Refer to Article 2; Definition # 153) (Refer to Sec. 35-322)
Water treatment plant
Country club (private) with golf course
Golf course, Lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition # 175)
Swim or tennis club
` Airport landing field or heliport (Refer to Article 2; Definition #12)
See, 35-104 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Multi Family "MF-R"
zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Occasional Sales (Refer to Arti.-le 2; Definition #132) (Refer to Sec. 35.325)
Home Occupation (Refer to Article 2; Definition 993)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8-12 "Parking and loading regulations')
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Sec. 35-105 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Multi Family "MF-R"
zoning district;
Field, constn• u n office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for appro al and control by the Building Official)
Temporary -oncrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
Sec. 35-106 HEIGHT AND AREA REGULATIONS
A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is in conformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Land
Development Regulation , may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 25 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
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^ yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of--way
line. (Refer to Appendix A, figure 10) .
Ii 6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
D. Minimum Side Yard Setback Minimum 10 feet up to 2 stories
Over 2 stories 1 foot for every 2 feet of building height.
Maximum required setback 50 feet
Refer to Appendix B, figure 2
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other architectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
2. On a comer lot, a side yard adjacent to a street for multi-family dwellings not
exceeding two stories in height shall be a minimum of fifteen feet.. (Refer to
Appendix B, figure 3)
F. Minimum Rear Yard Setback Minimum 10 feet up to 2 stories.
Over 2 stories 1 foot for every 2 feet of building height.
Maximum required setback 50 feet
. (Refer to Appendix B, figure 2)
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, landscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
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G. Minimum Lot Size 3,500 sq. ft, Single-Family Detached
2,000 sq. ft, Single-Family Attached
6,000 sq.fi, Two-Family
6,000 sq. ft, up to 3 stories
12,000 sq.ft over 3 stories
H. Minimum Lot Width (Refer to Appendix A, figure 1) 35 feet, Single-Family Detached
20 feet, Single-Family Attached
60 feet, Two-Family
60 feet Multifamily
1. Minimum Lot Depth (Refer to Appendix A, figure 2) 100 feet
1. Maximum Building Coverage for all buildings including accessory buildings 40%
K. Maximum Density
I bedroom unit requires a minimum land area of two thousand three hundred
(2,300) square feet. For each additional bedroom, an additional three
hundred (300) square feet of land area is required.
L. Maximum Height 3 Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
2. Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed the three (3) stories in height, provided that one additional foot shall be added
to the width and depth of side and rear yards for each foot that such structures exceed
three (3) stories in height.
L. Building Separations
There shall be a minimum separation between buildings used as multifamily dwellings,
including canopies and balconies, of twenty (20) feet. However, where neither building wall
contains for windows a minimum separation of ten (10) feet may be provided.
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Sec. 35-110 MULTI FAMILY DISTRICT (MF-1)
Sec.35-111 PURPOSE
The Multi Family "MF-1" district is intended to accommodate higher density residential
development in suitable areas of the city. The "M& V district should be located so that traffic
generated by multi family development may not be routed through low density residential
neighborhoods. Large multi family complexes should have direct access to an arterial or collector
sized street capable of accommodating the additional traffic that is generated.
Sec. 35-112 PERMITTED USES
The following uses of land are authorized as permitted uses within the Multi-Family "MF-I" zoning
district:
One-Family Dwelling, Detached (Refer to Article 2; Definition 462)
One-Family Dwelling, Attached (Refer to Article 2; Definition #61)
Two-Family Dwelling (Refer to Article 2; Definition f'65)
Multiple-family Dwelling or apartment (Refer to Article 2; Definition #64)
Boarding or rooming house (Refer to Article 2; Definition 926)
Dormitory (Refer to Article 2; Definition 426)
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec. 35-327 "Access to collector
streets")
Day Nursery or Kindergarten School (Refer to Article 2; Definition #55)
Group Home - Type I (Refer to Article 2; Definition #84)
Group Home - Type If (Refer to Article 2; Definition 485)
Park or Playground (Refer to Article 2; Definition #139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition 4153) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
Home occupation (Refer to Article 2; Definition 493)
Park or open space for passive recreation (Refer to Article 2; Definition 4143)
Sewage pumping station
Swimming pool (private)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition 4185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
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Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35.326)
Sec. 35-113 SPECIFIC USE PERMIT
The following uses of land are authorized within the Multi Family "MF-1" zoning district upon
issuance of a specific use permit under the regulations contained in Section 35-370 of this chapter.
Art gallery or museum (Refer to Article 2; Definition 419)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition #54)
Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Fratemity, Sorority, Lodge or Civic Club
Group Home - Type III (Refer to Article 2; Definition #86)
Hospital , general acute care (Refer to Article 2; Definition #94)
Hospital , chronic care (Refer to Article 2; Definition 495)
Institutions of religious or philanthropic nature
Library (public)
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
School, private, primary or secondary (Refer to Article 2; Definition # 164) (Refer to Sec. 35-327
"Access to collector streets")
Electrical Substation
Public Building, shop, yard or local, state or federal government (Refer to Article 2; Defmition #150)
Radio and television or microwave tower (Refer to Article 2; Defmition # 153) (Refer to Sec. 35-322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition #46)
Golf course, Lighted facilities (Refer to Article 2; Definition 482)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition #12)
Sec. 35-114 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Multi Family "MF-1"
zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec, 35.321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322 )
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Occasional Sales (Refer to Article 2; Definition 4132) (Refer to Sec. 35.325)
Home Occupatign (Refer to Article 2; Definition 493)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332.8-12 "Vehicle parking regulations"
Sec. 35-115 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Multi Family "NIF-1" zoning
district:
Field, construction office or real estate sales (Refer to Article 2; Definition 071) (Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
Sec. 35-116 HEIGHT AND AREA REGULATIONS
A. Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is in conformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Land
Development Reeulalion , may be used for any use permitted in this district.
B. A lot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3.8) 25 feet
1. 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 structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.. (Refer to
Appendix A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage.. (Refer to
Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by this ordinance for
the district in which the building line is located, the required front yard shall comply
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with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only one (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street right-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then a. average setback of buildings on the block,
on the same side of the street, may be used. flowever, the front yard shall not ba less
than:
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
D. Minimum Side Yard Setback Minimum 10 feet up to 2 stories
Over 2 stories 1 foot for every 2 feet of building height.
Maximum required setback 50 feet
Refer to Appendix B, figure 2
I. Every pan of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, rorrilces and other architectural features projecting not to exceed twelve
(12) inches into the requ., red side yard and roof eaves projecting not to exceed
twenty-four (24) inches Into the required side yard.
2. On a corner lot, a side yard adjacent to a street for multi-family dwellings not
exceeding two stories in height shall be a minimum of fifteen feet. (Refer to
Appendix B, figure 3)
F. Minimum Rear Yard Setback Minimum 10 feet up to 2 stories.
Over 2 stories 1 foot for every 2 feet of building height.
Maximum required setback 50 feet
(Refer to Appendix B, figure 2)
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
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accessory buildings, landscaping, fences and similar appurenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
G. Minimum Lot Size 3,500 sq. ft, Single-Family Detached
2,000 sq. fl, Single-Family Attached
6,000 sq. ft, Two-Family
6,000 sq.ft, up to 3 stories
12,000 sq.ft over 3 stories
H. Minimum Lot Width (Refer to Appendix A, figure 1) 35 feet, Single-Family Detached
20 feet, Single-Family Attached
60 feet, Two-Family
60 feet Multifamily
I. Minimum Lot Depth (Refer to Appendix A, figure 2) 100 feet
J. Maximum Building Coverage for all buildings including accessory buildings 40%
K. Maximum Density
(1) An efficiency unit requires a minimum land area of one thousand (1000) square
feet.
(2)A one bedroom unit requires a minimum land area of one thousand two hundred
(1,200) square feet. For each additional bedroom, an additional three hundred(300)
square feet of land is required.
L. Maximum Height 3 Stories
1. Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional
height not to exceed forty-five (45) feet above the average grade line of the building.
2. Water stand pipes and tanks, church steeples, domes or spires may be erected to
exceed the three (3) stories in height, provided that one additional foot shall be added
to the width and depth of side and rear yards for each foot that such structures exceed
three (3) stories in height.
M. Building Separations
There shall be a minimum separation between buildings used as multifamily dwellings,
including canopies and balconies, f twenty (20) feet. However, where neither building wall
contains for windows a minimum separation of ten (10) feet may be provided.
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Sze. 35-120 MULTI FAMILY DISTRICT (MF-2)
See, 35-121 PURPOSE
The Multi Family "MF-2" district is intended to accommodate highest density residential
development in suitable areas of the city where additional requirements for streets, water, sewer, fire
protection, drainage and open space requirements are met. The "MF-2" district should be located
so that traffic generated by multi family development may not be routed through low density
residential neighborhoods. Large multi family complexes should have direct access to an arterial
or collector sized street capable of accommodating the additional traffic that is generated.
Sec. 35-122 PERMITTED USES
The following uses of land are authorized as permitted uses within the Multi-Family "MF-2" zoning
district;
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
One-Family Dwelling, Attached (Refer to Article 2; Definition #61)
Two-Family Dwelling (Refer to Article 2; Definition 465)
Multiple-family Dwelling or apartment (Refer to Article 2; Definition #64)
Boarding or rooming house (Refer to Article 2; Definition #26)
Dormitory (Refer to Article 2; Definition 426)
Hotel or motel (Refer to Article 2; Definition #96)
Art gallery or museum (Refer to Article 2; Definition # 19)
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec. 35-327 "Access to collector
streets")
College or university (Refer to Article 2; Definition #40)
Day Nursery or Kindergarten School (Refer to Article 2; Definition 455)
Group Home - Type I (Refer to Article 2; Definition #84)
Group Home - Type II (Refer to Article 2; Definition #85)
Hospital , general acute care (Refer to Article 2; Definition #94)
Institutions of religious or philanthropic nature
Library (public)
Monastery or convent (Refer to Sec. 35-327 "Accesi to collector streets")
Occasional sales (Refer to Article 2; Definition # 132) (Refer to Sec. 35-325 )
Park or Playground (Refer to Article 2; Definition #139)
School, private, primary or secondary (Refer to Article 2; Definition #164) (Refer to Sec. 35.327
"Access to collector streets")
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35.327 "Access to collector
streets)
School, public (Refer to Article 2; Definition 4165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Transmission Line
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Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets
Gas transmission line and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition #143)
Sewage pumping station
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Swim or tennis club
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
Farm or Ranch (Refer to Article 2; Definition 470)
Recycling collection center, public (Refer to Article 2; Definition 4156) (Refer to Sec. 35-326)
Sec.35-123 SPECIFIC USE PERMIT
The following uses of land are authorized within the Multi Family "MF-2" zoning district upon
issuance of a specific use permit under the regulations contained in Section 35.370 of this chapter.
Trailer camp, mobile home park or manufactured housing subdivision (Refer to Article 2; Definition
#195)(Refer to Sec.35-324" Additional Regulations")
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition #54)
Fraternity, Sorority, Lodge or Civic Club
Group Home - Type III (Refer to Article 2; Definition #86)
Hospital , chronic care (Refer to Article 2; Definition 495)
Nursing home or residence home for the aged (Refer to Article 2; Definition #131)
Electrical Substation
Public Building, shop, yard or local, state or federal government afar to Sec. 35-322}
Radio and television or microwave tower (Refer to Article 2; Definition #153) (R
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition #46)
Golf course, Lighted facilities (Refer to Article 2; Definition 082)
Stable, private club (Refer to Article 2; Definition 9175)
Theater, other than drive-in type
Airport landing field or heliport (Refer to Article 2; Definition #12)
Bus station or terminal (Refer to Article 2; Definition #29)
Parking lot or stnuture, commercial (Refer to Article 2; Definition #141)
Cafeteria (Refer to Article 2; Definition #34)
Restaurant (Refer to Article 2; Definition #160)
See. 35-124 ACCESSORY USES
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The following uses of land are authorized as accessory uses with in the Multi Family "MF-2"
zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Occasional Sales (Refer to Article 2; Definition 4132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8-12 "Vehicle parking regulations"
Sec. 35-125 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Multi Family "MF-2" zoning
district:
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35.329)
Sec. 35-126 HEIGHT AND AREA REGULATIONS
A Except as herein provided, no building or structure or part thereof shall be erected, altered
or converted for any use permitted in this district unless such building or structure and the
lot or tract on which it is or is to be located is in conformity with all regulations. However,
any lot which is a part of a platted subdivision, in compliance with the Subdivision and Land
Development Regulations, may be used for any use permitted in this district.
B. A tot having less area, width or depth than herein required which was a platted lot prior to
January 14, 1969 may be used for any use permitted in this district.
C. Minimum Front Yard Setback (Refer to Appendix A, figures 3-8) 25 feet
I. 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
tour (4) feet and structures with a subsurface component may not project into the
required front yard to a height greater than forty eight (48) inches.(Refer to Appendix
A, figure 5)
2. Where the frontage on one side of a street between two (2) intersecting streets is
divided by two (2) or more zoning districts, the front yard shall comply with the
requirements of the most restrictive district for the entire frontage. (Refer to
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Appendix A, figure 7)
3. Where a building line has been established by plat or ordinance approved by the
Planning and Zoning Commission, or enacted by the City Council, and such line
requires a greater or lesser front yard setback than is prescribed by Os ordinance for
the district in which the building line its located, the required front yard shall comply
with the building line so established by such ordinance or plat.
4. Where lots have more than one frontages, a required front yard shall be provided on
all streets unless a building line for accessory buildings has been established along
the frontages on the plat or by ordinance, in which event only ore (1) required front
yard need be observed. (Refer to Appendix A, figure 6)
5. Driveway access to a street shall be at least twenty (20) feet long, measured in a
straight line and perpendicular to the street ri ght-of-way from any structure, building
or accessory building including a fence, garage or carport, to a street right-of-way
line. (Refer to Appendix A, figure 10) .
6. Where existing buildings in a block conform to a setback which is less than the
minimum required for the district then an average setback of buildings on the block,
on the same side of the street, may be used. However, the front yard shall not be less
than;
23 feet for front entry garages
20 feet for rear entry garages
(Refer to Appendix A, figure 8)
7. In the MF-2 district, the distance from the centerline of the street on which a
building fronts to the front face of a building shall not be less than on half the height
of the building. (Refer to Appendix B, figure 2)
D. Minimum Side Yard Setback Minimum 10 feet up to) stories
Over 2 stories I foot for every 2 feet of building height.
Maximum required setback 50 feet
Refer to Appendix B, figure 2
1. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of window sills,
belt courses, cornices and other arclritectural features projecting not to exceed twelve
(12) inches into the required side yard and roof eaves projecting not to exceed
twenty-four (24) inches into the required side yard.
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2. On a comer lot, a side yard adjacent to a street for multi-fa nily dwellings not
exceeding two stories in height shall be a minimum of fifteen feet.(Refer to Appendix
B, figure 3)
F. Minimum Rear Yard Setback Minimum 10 feet up to 2 stories.
Over 2 stories 1 foot for every 2 feet of building height.
Maximum required setback 50 feet
(Refer to Appendix B, figure 2)
1. Every part of a required rear yard shall be open and unobstructed to the sky from a
point thirty (30) inches above the general ground level of the graded lot, except for
accessory buildings, la-dscaping, fences and similar appurtenances and the ordinary
projections of window sills, belt courses, cornices and roof overhangs, and other
architectural features projecting not to exceed four (4) feet into the required rear yard.
G. Minimum Lot Size 3,500 sq. ft, Single-Family Detached
2,000 sq. ft, Single-Family Attached
6,000 sq.ft, Two-Family
6,000 sq.ft, up to 3 stories
12,000 sq.ft over 3 stories
H. Minimum Lot Width (Refer to Appendix A, figure 1) 35 feet, Single-Family Detached
20 feet, Single-Family Attached
60 feet, Two-Family
60 feet Multifamily
1. Minimum Lot Depth (Refer to Appendix A, figure 2) 100 feet
J. Maximum Building Coverage for all buildings including accessory buildings 40%
K. Maximum Density
(1) An efficiency unit requires a minimum land area of nne thousand (1000) square
feet.
(2) A one bedroom unit requires a minimum land area of one thousand two hundred
(1,200) square feet. For each additional bedroom, an additional three hundred(300)
square feet of land is required.
(3) Each unit requ,.es a minimum of three hundred (300) square feet when building
exceeds four (4) stories.
L. Maximum Height None
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M. Building Separations
There shall be a minimum separation between buildings used as multifamily dwellings,
including canopies and balconies, of twenty (20) feet. However, where neither building wall
contains for windows a minimum separation of ter: (10) feet may bv provided.
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See. 35-130 MANUFACTURED HOUSINGIMOBILE HOME DISTRICT
"MH"
Sec. 35-131 Purpose
The Mobile Home/Manufactured Housing (MH) district is intended to provids the necessary
standards for the development of manufactured housing subdivisions, mobile home parks and travel
trailer/motor home parks within suitable areas of the City.
See. 35.132 PERMITTED USES
The following uses of land are authorized as permitted uses within the "MH" zoning district:
One-Family Dwelling, Detached (Refer to Article 2; Definition #62)
Trailer camp, mobile home park or manufactured housing subdivision (Refer to Article 2; Definition
#I95)(Refer to See. 35-324 "Additional Regulations")
Church or rectory (Refer to Article 2; Definition #37) (Refer to Sec. 35-327 "Access to collector
streets"}
Group Home - Type I (Refer to Article 2; Definition #84)
Park or Playground (Refer to Article 2; Definition #139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Electrical Transmission Line
Fire station or similar public safety building (Refer to Article 2; Definition #152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission tine and Metering Station
Park or open space for passive recreation (Refer to Article 2; Definition # 143)
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or Well
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Railroad Track or R.O.W. (Refer to Article 2; Definition # 155)
Farm or Ranch (Refer, o Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
Sec. 35-133 SPECIFIC USE, PERMIT
The following uses of land are authorized within the "MH" zoning district upon issuance of a
specific use permit under the regulations contained in Section 35-370 of this chapter.
Dwelling, one family attached (Refer to Article 2, Definition #61)
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Art gallery or museum (Refer to Article 2; Definition 419)
College or university (Refer to Article 2; Definition #40)
Cemetery or Mausoleum
Day camp (Refer to Article 2; Definition 454)
Day nursery or kindergarten school (Refer to Article 2; Definition #55)
Hospital , general acute care (Refer to Article 2; Definition #94)
Hospital , chronic care (Refer to Article 2; Definition #95)
Institutions of religious or philanthropic nature
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged (Refer to Article 2; Definition 4131)
School, private, primary or secondary (Refer to Article 2• Definition 4164) (Refer to Sec. 35-327
"Access to collector streets") '
Electrical Substation
Community center (private)(Refer to Article 2; Definition #43)
Public Building, shop, yard or local, state or federal govemnent (Refer to Article 2; Definition #150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec. 35-322)
Water treatment plant
Country club (private) with golf course (Refer to Article 2; Definition 446)
Golf course, Lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium, Public (Refer to Article 2; Definition #149)
Stable, private club (Refer to Article 2; Definition #175)
Swim or tennis club
Airport landing field or heliport (Refer to Article 2; Definition #12)
See. 35.134 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the "MN" zoning district:
Accessory Buildings (Refer to Article 2; Definition 42) (Refer to Sec. 35-321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Home Occupation (Refer to Article 2; Definition #93)
Satellite Dish (Refer to Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8-12 "Parking and loading regulations")
See, 35-135 TEMPORARY USES
The following uses of land are authorized as temporary uses within the "MN" zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition 471)(Refer to Sec. 35-
328 for approval and control by the Building Official)
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Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
Sec. 35-136 HEIGHT AND AREA REGULATIONS
( Refer to Sec. 35-324 "Additional Regulations"
(Refer to Appendix A, figures 1-9)
A. Minimum setback from any public Street or ROW 25 feet
(Measured from the front of the mobile home to the front of the mobile home stand)
B. Minimum Side Yard Setback 10 feet
C. Minimum Rear Yard Setback 10 feet
D. Minimum Lot Width 35 feet
E. Minimum Lot Depth IM feet
F. Minimum Lot Area 3,500 sq.
0. Maximum Lot Coverage 45%
H. Maximum Height 35 feet
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ARTICLE IV NONRESIDENTIAL DISTRICTS
Sec. 35-140 PARKING DISTRICT (P)
See. 35-141 PURPOSE
The parking district "P" is intended to provide for adequate off-street parking and remote off-street
parking in suitable areas of the city.
See. 35-142 PERMITTED USES
The following uses of land are authorized as permitted uses within the Parking "P" district.
Electrical transmission line
Gas transmission line and metering station
Park or open space for passive recreation (Refer 1-3 Article 2: Definition 4143)
Railroad track or Right-of-way (Refer to Article 2: Definition #155)
Off- Street parking ( Refer to Sec. 35-332, 8-12 "Parking and loading regulations"
Parking lot or structure, commercial (Refer to Article 2: Definition 414 1)
Recycling collection center, publ`.c (Refer to Article 2: Definition #156)(Refer to Sec. 35-326 "
Supplemental regulations")
Sewage pumping station
Sec.35-143 SPECIFIC USE PERMIT
The following uses of land are authorized with in the "P" district upon the issuance of a specific use
permit under the regulations contained in Section 35-370 of this chapter.
Public building, shop, yard, or local, State or Federal Government (Refer to Article 2: Definition
#150)
See. 35-144 ACCESSORY USES
The following uses of land are authorized as accessory us--s within the "P" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321 )
Accessory use (Refer to Article 2: Definition #1) (Refer to Sec35-321 )
Antenna and Support Stnuture for Amateur Radio Station (Refer to Sec. 35.322)
Satellite dish (Refer to Sec. 35-322, C )
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Sec. 35-145 TEMPORARY USES
The following uses of land are authorized as temporary uses within the "P" zoning district:
Temporary concrete or asphalt batching plant ( Refer to requirements in Sec. 35-329)
Field, construction office or real estate sales (Refer to Article 2; Definition #71)(Refer to Sec. 35-
328. for approval and control of building official)
Sec. 35-146 HEIGHT AND AREA REGULATIONS
Minimum Front Yard Setback Distance from front center line
not to be less than '/S building
height or minimum 25 feet, whichever
is greater
Minimum Side Yard Setback Minimum 10 feet for 2 stories, or
I foot for every 2 feet of building
height, not to exceed 50 feet
Minimum Rear Yard Setback Minimum 10 feet for 2 stories, or
1 foot for every 2 feet of building
height, not to exceed 50 feet
Maximum Building Coverage 40%
Maximum Height 3 Stories
Sec. 35-147 ADDITIONAL HEIGHT REQUIREMENTS
A. Cooling towers, roof gables, chimneys and vent stacks nay extend for art additional height
not to exceed forty-five (45) feet above the average grade line of the building.
B. Water stand pipes and tanks, church steeples, domes or spires may be erected to exceed the
three (3) stories in height, provided that one additional foot shall be added to the width and
depth of side and rear yards for each foot that such structures exceed three (3) stories in
height.
Sec. 35-148 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
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greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building line
so established by such ordinance or plat.
B. The front yard shall be measured from the property line to the front face of the building,
covered port h, 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
sub-surface structures may not project into the front yard to a height greater than forty (40)
inches. (Refer to Appendix A, figure A-5)
C. Where lots have street frontage on opposite ends of the lot, a required front yard shall be
provided on both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a plat or by ordinance. ( Refer to
Appendix A, figure 6).
D. On a comer lot, a side yard of not lees than fifteen (15) feet may be established on plat along
one of the frontages. (Refer to Appendix A, figure A-4)
E. Driveway access to a street shall be at least twenty (20) feet long, measured in a straight line
and perpendicular to the street right-of-way from any structure, building, accessorv building
including a fence, garage or carport, to a street to street right-of-way line. (Refer to
Appendix A, figure A-10)
F. Where the frontage on one side of a street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to Appendix A, figure A-7)
a. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimension than the minimum front yard established in
the district, then the average front yard of all buildings in the block shall establish the
minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building to observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to Appendix A, figure 8)
H. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district or a Planned Development District designated for residential uses.
1. Every part of a required side yard shall be open and unobstructed except for accessory
buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not to exceed twelve (12) inches into the
required side yard and roof eaves projecting not to exceed twenty-four (24) inches into the
required side yard.
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t. No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common.district line, whether separated by an alley ur not, dividing the district from a
residential district or a Planned My^lopment District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
K. Every part of a required rear yard shall be open and unobstructed to the sky from a point
thirty (30) inches above the general ground level of the graded lot, except for accessory
buildings, landscaping, fences and similar appurtenances and the ordinary projections of
window sills, belt courses, cornices and roof overhangs, and other architectural features
projecting not to exceed four (4) feet into the required rear yard.
L. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
lot line abuts a residential use or residential zoning district.
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Sec. 35-150 OUTDOOR AMUSEMENT AND RECREATION DISTRICT (OAR)
Sec. 35-151 PURPOSE
` The "OAR" district is intended to provide for outdoor amusement and recreational land uses in
suitable areas of the city.
Sec. 35-152 PERMITTED USES
The following land uses are authorized as permitted uses within the "OAR" district.
Art gallery or museum (Refer to Article 2: Definition 419)
Church or rectory (Refer to Article 2: Definition #37) (Refer to Sec.35-327 " Access to collector
streets')
College or university ( Refer to Article 2: Definition #40)
Day camp (Refer to Article 2: Definition #54)
Day nursery or kindergarten school ( Refer to Article 2: Definition #55)
Fraternity, sorority, lodge or civic club
Hospital, general acute care (Refer to Article 2: Definition 494)
Hospital, chronic care (Refer to Article 2: Definition #95)
Institutions for religious or philanthropic nature
Library
Monastery or convent (Refer to Sec.35.327 " Access to collector streets")
Nursery home or residence home for the aged (Refer to Article 2: Definition #132)
School, private primary or secondary (Refer to Article 2: Definition 4164) (Refer to Sec-35-327 "
Access to collector streets")
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, Public (Refer to Article 2: Definition #165) (Refer to Sec.35-327 " Access to collector
streets' )
School, business or trade (Refer to Article 2: Definition 4162) (Refer to Sec.35.327 " Access to
collector streets")
Community center, private (Refer to Article 2: Definition 443)
Electrical substation
Electrical transmission line
Fire station or similar public safety building(Refer to Article 2; Definition #152) (Refer to Sec.35-
327 " Access to collector streets")
Gas transmission line and metering station
Park or open space for passive recreation (Refer to Article 2: Definition #143)
Sewage pumping station
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition #185)
Water reservoir, water pumping station or well
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Amusement, commercial (indoor) (Refer to Article 2: Definition #14)
Amusement, commercial (outdoor) (Refer to Article 2: Definition #15)
Batting practice i&iluies, indoor (Refer to Article 2: Definition #21)
Batting practice facilities, outdoor (Refer to Article 2: Definition #21)
Country club (private )with golf course (Refer to Article 2: Definition #46)
Dance hall or night club (Refer to Article 2; Definition #53)
Drag strip or commercial racing
Fairground or exhibition area
Go-cart track
Golf course, lighted facilities (Refer to Article 2: Definition #82)
Golf course, no lighted facilities (Refer to Article 2: Definition 482)
Firearm or archery range, indoor
Archery range, outdoor
Park or playground (Refer to Article 2: Defirution 4139)
Playfield or stadium (Refer to Article 2: Definition #149)
Rodeo grounds
Roller or ice skating rink
Sexually oriented business (Refer to Article 2: Definition #170)
Stable, private club (Refer to Article 2: Definition #175)
Stable, commercial rental (Refer to Article 2: Definition #174)
Stable, boarding (Refer to Article 2: Definition #173)
Swim or tennis club (Refer to Article 2: Definition #182)
Theater, drive-in
Cafeteria (Refer to Article 2: Definition 434)
Restaurant (Refer to Article 2: Definition 4160)
Theater, other than drive-in
Airport landing field or heliport (Refer to Article 2: Definition 412)
Railroad freight terminal
Railroad passenger station
Railroad track or Right-of-way (Refer to Article 2: Definition 4155)
On-premiscs sale of beer and/or wine (Refer to Sec. 35-331 " Supplemental regulations')
Licensed private club (Refer to Article 2: Definition #101)
Farm or ranch (Refer to Article 2: Definition #70)
Recycling collection center, public (Refer to Article 2: Definition #156)(Refer to Sec. 35-326 "
Supplemental regulations")
Sec. 35.153 SPECIFIC USE PERMIT
The following uses of land are authorized within the "OAR" zoning district upon the issuance of a
specific use permit under the regulations contained in Section 35-370 of this chapter.
Cemetery or mausoleum
Public building, shop or yard, Local, Stale or Federal Government (Refer to Article 2: Definition
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#150)
Sand, gravel or @arth sales or storage
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec.35-322)
Water treatment plant
Firearm range, outdoor
Scientific or research laboratories (Refer to Article 2: Definition #166)
Sec. 35-154 ACCESSORY USES
The following uses of land are authorized as accessory uses within the "OAR" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321)
Accessory use (Refer to Article 2: Definition #1) (Refer to Sec.35-321 )
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Occasional sales (Refer to Article 2; Definition#l32) (Refer to Sec. 35-325 }
Home Occupation (Refer to Article 2; Definition # 93)
Satellite dish (Refer to Sec. 35-322, C )
Swimming pool, private
Off- Street parking ( Refer to Sec. 35-332, 8-12 "Parking and loading regulations"
Sec. 35-155 TEMPORARY USES
The following uses of land are authorized as temporary uses with in the "OAR" zoning district:
Events of public interest (Refer to requirements in Sec.35-329)
Christmas tree sales (Refer to requirements in Sec. 35-329)
Temporary concrete or asphalt hatching plant (Refer to requirements in Sec. 35-329)
Field or and construction office (Refer to Article 2; Definition #71) (Refer to Sec. 35-328 for
approval and control of building official)
Sec. 35-156 HEIGHT AND AREA REGULATIONS
Minimum Front Yard Setback 50 feet
Minimum Side Yard Setback 10 feet; 50 feet abutting residential district
Minimum Rear Yard Setback none; 50 feet abutting residential district
Minimum Lot Size none
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Minimum Lot Width none
Minimum Lot Depth none
Maximum Building Coverage none
Maximum Height 3 Stories
Sec. 35-157 ADDITIONAL HEIGHT REQUIREMENTS
A. Cooling towers, roof gables, chimneys and vent stacks may extend for an additional height
not to exceed forty-five (45) feet above the average grade line of the building.
B. Water stand pipes and tanks, church steeples, domes or spires may be erected to exceed the
three (3) stories in height, provided that one additional foot shall be added to the width and
depth of side and rear yards for each foot that such structures exceed three (3) stories in
height.
See, 35-158 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building line
so established by such ordinance or plat.
B. 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
sub-surface structures may not project into the front yard to a height greater than forty (40)
inches. (Refer to Appendix A, figure A-5)
C. Where lots have street frontage on opposite ends of the lot, a required front yard shall be
provided on both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a ple: or by ordinance. ( Refer to
Appendix A, figure 6).
D. On a comer lot, a side yard of not lees than fifteen (15) feet may be established on plat along
one of the frontages. (Refer to Appendix A, figure A-4)
E. Driveway access to a street shall be at least twenty (20) feet long, measured in a straight line
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and perpendicular to the street right-of-way from any structure, building, accessory building
including a fence, garage or carport, to a street right-of-way line. (Refer to Appendix A,
figure A-10) .
F. Where the frontage on one side of a street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to Appendix A, figure A-7)
0. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimension than the minimum front yard established in
the district, then the average front yard of all buildings in tha block shall establish the
minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building to observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to Appendix A, figure 8)
H. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district or a Planned Development District designated for residential uses.
1. Every part of a required side yard shall oe open and unobstructed except for accessory
buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not to exceed twelve (12) inches into the
required side yard and roof eaves projecting not to exceed twenty-four (24) inches into the
required side yard.
J. No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common district line, whether separated by an alley or not, dividing the district from a
residential district or a Planned Development District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
K. Every part of a required rear yard shall be open and unobstructed to the sky from a point
thirty (30) inches above the general ground level of the graded lot, except for accessory
buildings, landscaping, fences and similar appurtenances and the ordinary projections of
window sills, belt courses, cornices and roof overhangs, and other architectural features
projecting not to exceed four (4) feet into the required rear yard.
L. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
lot line abuts a residential use or residential zoning district.
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Sec. 35-160 OFFICE DISTRICT (O)
Sec. 35-161 PURPOSE
The office "O" district is intended to provide suitable sites for lodging, hospitals, professional,
administrative and general office uses in the City.
Sec, 35.162 PERMITTED USES
The following land uses are authorized as permitted uses within the "OAR" district.
One family dwelling, restricted (Refer to Article 2: Definition #63)
Boarding or rooming house (Refer to Article 2; Definition 426)
Dormitoty (Refer to Article 2; Definition #26)
Hotel or motel (Refer to Article 2; Definition #96)
Art gallery or museum (Refer to Article 2; Definition #19)
Church or rectory (Refer to Article 2; Definition 437) (Refer to Sec. 35-327 "Access to collector
streets')
College or university (Refer to Article 2; Definition #40)
Day Nursery or Kindergarten School (Refer to Article 2; Definition #55)
Group Home - Type I (Refer to Article 2; Definition 484)
Group Home - Typc 11 (Refer to Article 2; Definition #85)
Hospital, acute care (Refer to Article 2; Definition #94)
Hospital, chronic care (Refer to Article 2; Definition 495)
Institutions of religious or philanthropic nature
Library (public)
Monastery or convent (Refer to Sec. 35-327 "Access to collector streets")
Nursing home or residence home for the aged(Refer to Article 2; Definition #131)
School, business or trade(Refer to Article 2; Definition #162) (Refer to Sec. 35.327 "Access to 1
collector streets")
Park or Playground (Refer to Article 2; Definition 4139)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access to collector
streets)
School, private, primary or secondary (Refer to Article 2; Definition #164) (Refer to Sec. 35.327
"Access to collector streets")
School, public (Refer to Article 2; Definition #165) (Refer to Sec. 35-327 "Access to collector
streets")
Community Center (private) (Refer to Article 2; Definition #43)
Electrical Transmission Line
Electrical Substation
Fire station or similar public safety building (Refer to Article 2; Definition 4152) (Refer to Sec. 35-
327 "Access to collector streets")
Gas transmission line and Metering Station
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Park or open space for passive recreation (Refer to Article 2; Definition #143)
Sewage pumping station
Telephone, business office
Telephone line and Exchange Switching or relay Station (Refer to Article 2; Definition #185)
Water Reservoir, water pumping station or well
Country club, private with golf course Refer to Article 2; Definition #46)
Course, lighted facilities (Refer to Article 2; Definition #82)
Golf Course, no lighted facilities (Refer to Article 2; Definition #82)
Play field or stadium (Refer to Article 2; Definition #149)
Swim or tennis club
Offices, professional and administrative
Studio for photographer, musician, artist or health
Railroad Track or R.O.W. (Refer to Article 2; Definition #155)
Animal clinic, hospital or kennel (no outside runs or pens)
Farm or Ranch (Refer to Article 2; Definition #70)
Recycling collection center, public (Refer to Article 2; Definition #156) (Refer to Sec. 35-326)
Sec. 35-163 SPECIFIC USE PERMIT
The following uses of land are authorized within the Office "0" zoning district upon issuance of a
specific use permit under the regulations cc ntained in Section 35-370 of this chapter.
Cemetery or Mausoleum
Fraternity, Sorority, Lodge or Civic Club
Group Home - Type III (Refer to Article 2; Definition #86)
Home for the care of alcoholic, narcotic or psychiatric patients
Public Building, shop, yard or local, state or federal government(Refer to Article 2; Definition #150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec. 35-322)
Water treatment plant
Airport landing field or heliport (Refer to Article 2; Definition #12)
Parking lot or structure, commercial (Refer to Article 2; Definition # 141)
Cafeteria (Refer to Article 2; Definition #34)
Mortuary or funeral parlor
Restaurant (Refer to Article 2; Definition #160)
Scientific or research laboratories (Refer to Article 2; Definition #166)
Sec. 35-164 ACCESSORY USES
The following uses of land are authorized as accessory uses with in the Office "0" zoning district:
Accessory Buildings (Refer to Article 2; Definition #2) (Refer to Sec. 35.321)
Swimming Pool, Private
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
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Occasional Sales (Refer to Article 2; Definition #132) (Refer to Sec. 35-325)
Satellite Dish (Refer 13 Sec. 35-322, C )
Off-street parking (Refer to Sec. 35-332, 8.12 "Vehicle parking regulations"
Sec. 35-165 TEMPORARY USES
The following uses of land are authorized as temporary uses within the Office "0" zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition 471) (Refer to Sec. 35-
328 for approval and control by the Building Official)
Temporary concrete or asphalt batching plant (Refer to requirements in Sec. 35-329)
Sec. 35-166 HEIGHT AND AREA REGULATIONS
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback none; 10 feet abutting residential district
Minimum Rear Yard Setback none; 10 feet abutting residential district
Minimum Lot Size none
Minimum Lot Width none
Minimum Lot Depth none
Maximum Building Coverage none
Maximum Height Any Legal Limit except as regulated by Denton Airport
Zoning Regulations Sec. 35.240
Sec. 35-167 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building he
so established by such ordinance or plat.
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B. 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
sub-surface structures may not project into the front yard to a height greater than forty (40)
inches. (Refer to Appendix A, figure A- 5)
C. Where lot: have street frontage on opposite ends of the lot, a required front yard shall be
provided orr both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a plat or by ordinance. ( Refer to
Appendix A, figure A, figure 6).
D. On a comer lot, a side yard of not lees than fifteen (15) feet may be established on plat along
one of the frontages. (Refer to Appendix A, figure A-4)
E. Driveway access to a street shall be at least twenty (20) feet long, measureu in a straight line
and perpendicular to the street right-of-way from any structure, building, accessory building
including a fence, garage or carport, to a street right-of-way line. (Refer to Appendix A,
figure A-10) .
F. Where the frontage on one side of a street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to Appendix A, figure A-7)
0. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimension than the minimum front yard established in
the district, then the average front yard of all buildings in the block shall establish the
minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building to observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to Appendix A, figure 8)
H. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district or a Planned Development District designated for residential uses.
1. Every part of a required side yard shall be open and unobstructed except for accessory
buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not to exceed twelve (12) inches into the
required side yard and roof eaves projecting not to exceed twenty-four (24) inches into the
required side yard.
J. No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common district line, whether separated by an alley or not, dividing the district from a
residential Jistrict or a Planned Development District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
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K. Every part of a required rear yard shall be open and unobstructed to the sky from a point
thirty (30) inches above the general ground level of the graded lot, except for accessory
buildings, landscap,ng, fences and similar appurtenances and the ordinary projections of
window sills, belt courses, cornices and roof overhangs, and other architectural features
projecting not to exceed four (4) feet into 0 t required rear yard.
L. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
lo! line abuts a residential use or residential zoning district.
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Sec. 35-170 NEIGHBORHOOD SERVICES DISTRICT (DNS)
Sec. 35-171 PURPOSE
The neighborhood service "NS" district is intended to accommodate small retail and service uses
located in close proximity to residential neighborhoods for the purpose of supplying the day-to-day
retail needs of residents such as food, drugs and personal services.
Sec. 35-172 PERMITTED USES
The following uses of land are authorized as permitted uses within the "NS" zoning district:
One family dwelling, restricted (Refer to Article 2: Definition #63)
Boarding or rooming house (Refer to Article 2: Definition #26)
Dormitory (Refer to Article 2: Definition #59)
Art gallery or museum (Refer to Article 2: Definition #19)
Church or rectory (Refer to Article 2: Definition #37) (Refer to Sec35-327 " Access to collector
streets')
College or university ( Refer to Article 2: Definition #40)
Day nursery or kindergarten school (Refer to Article 2: Definition #55)
Group homes-type 1 (Refer to Article 2: Definition 484)
Group homes-type II (Refer to Article 2: Definition 485)
Group homes-type III (Refer to Article 2: Definition #86)
Hospital, acute care (Refer to Article 2: Definition #94)
Hospital, chronic care (Refer to Article 2: Definition #95)
Institutions for religious or philanthropic nature
Library, public
Monastery or convent
Nursing home or residence home for the aged (Refer to Article 2: Definition #131)
School, parochial (Refer to Article 2; Definition # 163)(Refer to Sec. 35-327 "Access to collector
streets)
School, Private primary or secondary (Refer to Article 2: Definition #164) (Refer to Sec.35-327
Access to collector streets")
School, Public (Refer to Article 2: Definition #165) (Refer to Sec35-327 Access to collector
streets')
School, business or trade (Refer to Article 2: Definition #162) (Refer to Sec.35-327 " Access to
collector streets')
Community center, private (Refer to Article 2: Definition #43)
Electrical substation
Electrical transmission line
Fire station or similar public safety building (Refer to Article 2: Definition #I52)(Refer to See. 35-
327 " Access to collector streets")
Gas transmission line and metering station
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Park or open space for passive recreation (Refer to Article 2: Definition #143)
Sewage pumping station
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition #185)
Country club (private )with golf course (Refer to Article 2: Definition 446)
Golf course, lighted facilities (Refer to Article 2: Definition 482)
Golf course, no lighted facilities (Refer to Article 2: Definition #82)
Park or playground (Refer to Article 2: Definition #139)
Playfield cr stP ium (Refer to Article 2: Definition #149)
Swim or tenni~.:,lub (Refer to Article 2: Definition #182)
Railroad track or Right-of-way (Refer to Article 2: Definition #155)
Bakery or confectionery shop, retail
Cleaning and pressing small shop and pickup (Refer to Article 2: Definition #38)
Custom personal service shop (Refer to Article 2: Definition #49)
Drapery, needlework or weaving shop
Florist or garden shop
Handicraft shop
Offices, professional and administrative
Retail stores and shops 4,000 square feet and less
Studio for photographer, musician, artist or health
Animal clinic, hospital or kennel, no outside runs or pens
Farm or ranch (Refer to Article 2: Definition #70)
Recycling collection center, public (Refer to Article 2: Definition #I 6)(Refer to Sec. 35.326 "
Supplemental regulations")
See. 35-173 SPECIFIC USE PERMIT
The following uses of land are authorized within the "NS" zoning district upon the issuance of a {
specific use permit under the regulations contained in Section 35.370 of this chapter,
Cemetery or mausoleum
Public building, shop or local, State or Federal government (Refer to Article 2: Definition #150)
Radio andteievision or microwave tower (Referto Article 2; Definition #153)(Refer to Sec. 35-322)
Water treatment plant
Airport landing field or heliport (Refer to Article 2: Definition #12)
Correctional facilities (Refer to Article 2: Definition 045)
Parking lot or structure, commercial (Refer to Article 2: Definition #141) j
Antique shop (Refer to Article 2: Definition # 17)
Cafeteria (Refer to Article 2: Definition #34)
Mortuary or funeral parlor
Restaurant (Refer to Article 2: Definition # 160)
Retail stores and shops over 4,000 square feet
Greenhouse or plant nursery (Refer to Article 2: Definition #83)
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Sec. 35-174 ACCESSORY USES
The following uses of land are authorized as accessory uses within the "NS" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321)
Accessory use (Refer to Article 2: Definition #1) (Refer to Sec.35-321)
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Satellite dish (Refer to Sec. 35.322, C )
Swimming pool, private
Off- Street parking ( Refer to Sec. 35-332, 8-12 "Parking and loading regulations"
Sec. 35-175 TEMPORARY USES
The following uses of land are authorized as temporary uses with in the "NS" zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition 471)(Refer to Sec. 35-
328 for approval and control of building official)
Temporary concrete or asphalt batching plant (Refer to Sec. 35-329 for permit requirements)
Sec. 35-176 HEIGHT AND AREA REGULATIONS
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback none; 10 feet abutting residential district
Minimum Rear Yard Setback none; 10 feet abutting residential district
Minimum Lot Size none
Minimum Lot Width none
Minimum Lot Depth none
Maximum Building Coverage none
Maximum Height 2 stories
Sec. 35-177 ADDITIONAL HEIGHT REGULATIONS
A. Cooling towers, roof gables, chimneys and vent stacks may extend for an additional height
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not to exceed forty-five (45) feet above the average grade line of the building.
B. Water stand pipes and tanks, church steeples, domes or spires may be erected to exceed the
three (3) stories in height, provided that one additional foot shall be added to the width and
depth of side and rear yards for each foot that such structures exceed three (3) stories in
height.
Sec. 35-178 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building line
so established by such ordinance or plat.
B. 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
sub-surface structures may not project into the front yard to a height greater than forty (40)
inches. (Refer to Appendix A, figure A-5)
C. Where lots have street frontage on opposite ends of the lot, a required front yard shall be
provided on both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a plat or by ordinance. ( Refer to
Appendix A, figure 6).
D. On a corner lot, a side yard of not lees than fifteen (15) fee, may be established on plat along
one of the frontages. (Refer to Appendix A, figure A-4)
E. Driveway access to a street shall be at least twenty (20) feet long, measured in a straight line
and perpendicular to the street right-of-way from any structure, building, accessory building
including a fence, garage or carport, to a street right-of-way line. (Refer to Appendix A,
figure A-10)
F. Where the frontage on one side of a street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to Appendix. A, figure A-7)
0. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimension than the mi:Aimum front yard established in
the district, then the average front yard of all buildings in the block shall establish the
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minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building to observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to Appendix A, figure 8)
}I. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district or a Planned Development District designated for residential uses.
1. Every part of a required side yard shall be open and unobstructed except for accessory
buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not to exceed twelve (12) inches into the
required side yard and roof eaves projecting not to exceed twenty-four (24) inches into the
required side yard.
I No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common district line, whether separated by an alley or not, dividing the district from a
residential district or a Planned Development District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
K. Every part of a required rear yard shall be open and unobstructed to the sky from a point
thirty (30) inches above the general ground level of the graded lot, except for accessory
buildings, landscaping, fences and similar appurtenances and the ordinary projections of
window sills, belt courses, cornices and roof overhangs, and other architectural features
projecting not to exceed four (4) feet into the required rear yard.
L. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
lot line abuts a residential use or residential zoning district.
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Sec. 35-184 GENERAL RETAIL DISTRICT (GR)
Sec. 35-181 PURPOSE
The general retail "GR" district is intended to accommodate higher intensity retail and service uses
for an area encompassing one or more neighborhoods.
Sec. 35.182 PERMITTED USES
The following uses of land are authorized as permitted uses within the "GR" zoning district:
One family dwelling, restricted (Refer to Article 2: Definition 463)
Boarding or rooming house (Refer to Article 2: Definition #26)
Dormitory (Refer to Article 2: Definition #59
j ry ( )
Hotel or motel (Refer to Article 2: Definition #96)
Art gallery or museum (Refer to Article 2: Definition #19)
Church or rectory (Refer to Article 2: Definition #37) (Refer to Sec.35-327 " Access to collector
streets")
College or university ( Refer to Article 2: Definition #40)
Day nursery or kindergarten school (Refer to Article 2: Definition #55)
Group homes-type I (Refer to Article 2: Definition #84)
Group homes-type II (Refer to Article 2: Definition 985)
Group homes-type III (Refer to Article 2: Definition #86)
Home for care of alcoholic, narcotic or psychiatric patients
Hospital, acute care (Refer to Article 2: Definition #94)
Hospital, chronic care (Refer to Article 2: Definition 495)
Institutions for religious or philanthropic nature
Library, public
Monastery or convent
Nursing home or residence home for the aged (Refer to Article 2: Definition #131)
School, parochial (Refer to Article 2; Definition #I63)(Refer to Sec. 35-327 "Access to collector
streets)
School, Private primary or secondary (Refer to Article 2: Definition #164) (Refer to Sec.35-327 "
Access to collector streets")
School, Public (Refer to Article 2: Definition 4165) (Refer to Sec.35-327 " Access to collector
streets")
School, business or trade (Refer to Article 2: Definition #162) (Refer to Sec.35.327 " Access to
collector streets")
Community center, private (Refer to Article 2: Definition #43)
Electrical substation
Electrical transmission line
Fire station or similar public safety building (Refer to Article 2: Definition #152) (Refer to Sec.35-
327 "Access to collector streets")
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Gas transmission line and metering station
Park or open space for passive recreation (Refer to Article 2: Definition 4143)
Radio and television or microwave tower (Refer to Article 2: Definition #153) (Refer to Sec.35.322)
Sewage pumping station
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition #185)
Water reservoir, water pumping station or well
Amusement, commercial (indoor)(Refer to Article 2: Definition #14)
Batting practice facilities (indoor)(Refer to Article 2: Definition #21)
Country club (private )with golf course (Refer to Article 2: Definition #46)
Dance hall or nightclub (Refer to Article 2: Definition 453)
Golf course, lighted facilities (Refer to Article 2: Definition #82)
Golf course, no lighted facilities (Refer to Article 2: Definition #82)
Park or playground (Refer to Article 2: Definition #139)
Playfield or stadium (Refer to Article 2: Definition #149)
Sexually oriented business (Refer to Article 2: Definition #170)
Swim or tennis club (Refer to Article 2: Definition #182)
Theater, other than drive-in type
Railroad passenger station
Railroad track or Right-of-way (Refer to Article 2: Definition #155)
Parking lot or structure, commercial (Refer to Article 2: Definition # 141)
Auto laundry
Auto sales and repair, indoor
Gasoline service station
New auto parts sales stores
Antique shop (Refer to Article 2: Definition 4 17)
Bakery or confectionery shop, retail
Cafeteria (Refer to Article 2: Definition 434)
Cleaning and pressing small shop and pickup (Refer to Article 2: Definition #38)
Custom personal service shop (Refer to Article 2: Definition 449)
Drapery, needlework or weaving shop
Florist or garden shop
Greenhouse or plant nursery, retail (Refer to Article 2: Definition #83)
Handicraft shop
Household appliance service and repair
Offices, professional and administrative
Laundry or cleaning, self service
Mimeograph, stationery or letter shop
Mortuary or funeral parlor
Off-premise sale of beer and or wine (Refer to Sec. 35.331 " Additional use regulations')
On-premise sale of beer and or wine (Refer to Sec. 35-331 " Additional use regulations")
Licensed private club (Refer to Article 2: Definition #101)
Restaurant (Refer to Article 2: Definition #160)
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Retail stores and shops 4,000 square feet and less
Retail stores and shops over 4,000 square feet
Retail stores with gas pumps
Studio for photographer, musician, artist or health
Animal clinic, hospital or kennel, no outside runs or pens
Farm or ranch (Refer to Article 2: Definition #70)
Green house or plant nursery (Refer to Article 2: Definition #83)
Recycling collection center, public (Refer to Article 2: Definition # 156)(Refer to Sec. 35-326 "
Supplemental regulations")
Recycling collection center for household recyclable materials (Refer to Article 2: Definition
#98)(Refer to Sec. 35-326 " Supplemental regulations")
See. 35-183 SPECIFIC USE PERMIT
The following uses of land are authorized within the "OR" zoning district upon the issuance of a
specific use permit under the regulations contained in Section 35-370 of this chapter.
Cemetery or mausoleum
Fraternity, sorority, lodge or civic club
Private utility shop or storage yard
Public building, shop or local, State or Federal government (Refer to Article 2: Definition #150)
Sewage treatment plant
Water treatment plant
Fairground or exhibition area
Stable, private club (Refer to Article 2: Definition #175)
Theater, drive-in
Airport landing field or heliport (Refer to Article 2: Definition 412)
Recycling collection center for household metals (Refer to Article 2: Definition 497) (Refer to Sec.
35-326 " Additional use regulations")
Sec. 35-184 ACCESSORY USES
The following uses of land are authorized as accessory uses within the "GR" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321 )
Accessory use (Refer to Article 2: Definition #l) (Refer to Sec.35-321 )
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Satellite dish (Refer to Sec. 35-322, C )
Swimming pool, private
Off- Street parking ( Refer to Sec. 35-332, 8-12 "Parking and loading regulations"
Sec. 35-185 TEMPORARY USES
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The following uses of land are authorized as temporary uses with in the "GR" zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control of building official)
Temporary concrete or asphalt batching plant (Refer to Sec. 35-329 for permit requirements)
Events of public interest (Refer to Sec.35-329 for permit requirements)
Christmas tree sales (Refer to Sec. 35-329 for permit requirements)
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Sec. 35-186 HEIGHT AND AREA REGULATIONS
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback none; 10 feet abutting residential district
Minimum Rear Yard Setback none; 10 feet abutting residential district
Minimum Lot Size none
Minimum Lot Width none
Minimum Lot Depth none
Maximum Building Coverage none
Maximum Height 3 stories
Sec. 35-187 ADDITIONAL HEIGHT REGULATIONS
A. Cooling towers, roof gables, chimneys and vent stacks may extend for an additional height
not to exceed forty-five (45) feet above the average grade line of the building.
B. Water stand pipes and tanks, church steeples, do!nes or spires may be erected to exceed the
three (3) stories in height, provided that one additional foot shall be added to the width and
depth of side and rear yards for each foot that such structures exceed three (3) stories in
height.
Sec. 35-188 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
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greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building line
so established by such ordinance or plat.
A. The front yard shall be measured from the property litre 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
sub-surface structures may not project into the front yard to a height greater than forty (40)
inches. (Refer to Appendix A, figure A-5)
C. Where lots have street frontage on opposite ends of the lot, a required front yard shall be
provided on both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a plat or by ordinance. ( Refer to
Appendix A, figure 6).
D. On a comer lot, a side yard of not lees than fifteen (15) feet may be established on plat along
one of the frontages. (Refer to Appendix A, figure A-4)
E. Driveway access a street shall be at least twenty (20) feet long, measured in a straight line
and perpendicular the street right-of-way from any structure, building, accessory building
including a fence, garage or carport, to a street right-of-way line. (Refer to Appendix A,
figure A-10) .
F. Where the frontage on one side of a street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to Appendix A, figure A-7)
G. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimension than the minimum front yard established in
the district, then the average front yard of all buildings in the block shall establish the
minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to Appendix A, figure 8)
H. Gasoline service station pump islands shall not be located nearer than eighteen (18) feet the
front property line. Pump island canopies may extend within ten (10) feet of the front
property line provided such canopies are not enclosed and remain unobstruacd from the
ground the roof of such canopies.
1. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district or a Planned Development District designated for residential uses.
3. Every part of a required side yard shall be open and unobstructed except for accessory
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buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not exceed twelve (12) inches into the
required side yard and roof eaves projecting not exceed twenty-four (24) inches into the
required side yard.
K. No rear yard is specified for nonresidential uses except where a %onresidential use abuts a
common district lino, whether separated by an alley or not, dAviding the district from a
residential district or a Planned Development Dist,icc designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
L. Every part of a required rear yard shall be open and unobstructed the sky from a point thirty
(30) inches above the general ground level of the graded lot, except for accessory buildings,
landscaping, fences and similar appurtenances and the ordinary projections of window sills,
Spelt courses, cornices and roof overhangs, and other architectural features projecting not
exceed four (4) feet into the required rear yard.
M. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
lot line abuts a residential use or residential zoning district.
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Sec-35-190 COMMERCIAL DISTRICT (C)
Sec. 35-191 PURPOSE
The commercial"C" zoninv district is intended provide adequate space and site diversification
accommodate most types of commercial uses.
Sec. 35-192 PERMITTED USES
The following uses of land are authorized as permitted uses within the "C" zoning district:
One family dwelling, restricted (Refer to Article 2: Definition #63)
Boarding or rooming house (Refer to Article 2: Definition 426)
Dormitory (Refer to Article 2: Definition #59)
Hotel or motel (Refer to Article 2: Definition #96)
Art gallery or museum (Refer to Article 2: Definition #19)
Cemetery or mausoleum
Church or rectory (Refer to Article 2: Definition #37) (Refer to Sec.35-327 " Access collector
streets")
College or university ( Refer to Article 2: Definition #40)
Day camp (Refer to Article 2: Definition #54)
Day nursery or kindergarten school (Refer to Article 2: Definition #55)
Group homes-type I (Refer to Article 2: Definition 484)
Group homes-type II (Refer to Article 2: Definition #85,
Group homes-type III (Refer to Article 2: Definition #86)
Home for care of alcoholic, narcotic or psychiatric patients
Hospital, acute care (Refer to Article 2: Definition 494)
Hospital, chronic care (Refer to Article 2: Definition #95)
Institutions for religious or philanthropic nature
Library, public
Monastery or convent
Nursing home or residence home for the aged (Refer to Article 2: Definition # 131)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access collector
streets)
School, Private primary or secondary (Refer to Article 2: Definition #164) (Refer to Sec.35-327
"Access collectorstreets')
School, Public (Refer to Article 2: Definition #165) (Refer to Sec.35-327 "Access collector
streets")
School, business or trade (Refer to Article 2: Definition 9162) (Refer to Sec.35-327 " Access
collector streets")
Community center, private (Refer to Article 2: Definition #43)
Electrical substation
Electrical transmission line
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Fire station or similar public safety building (Refer to Article 2: Definition #152)(Refer to Sec35-
327 "Access collector streets")
Gas transmission line and metering station
Park or open space for passive recreation (Refer to Article 2: Definition #143)
Public building, shop, yard or local, State or Federal Government (Refer to Article 2: Definition
#150)
Radio and television or microwave tower (Refer to Article 2: Definition #153) (Refer to Sec35-
322)
Sewage pumping station
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition #185)
Water reservoir, water pumping station or well
Water treatment plant
Amusement, commercial (indoor)(Refer to Article 2: Definition #14)
Amusement, commercial (outdoor)(Refer to Article 2: Definition #15)
Batting practice facilities (indoor)(Refer to Article 2: Definition #21)
Country club (private )with golf course (Refer to Article 2: Definition #46)
Dance hall or nightclub (Refer to Article 2: Definition #53)
Fairground or exhibition area
Golf course, lighted facilities (Refer to Article 2: Definition #82)
Golf course, no lighted facilities (Refer to Article 2: Definition 482)
Firearm or archery range, indoor
Archery range, outdoor
Park or playground (Refer to Article 2: Definition # 139)
Playfield or stadium (Refer to Article 2: Definition #149)
Rodeo grounds
Roller or ice skating rink
Sexually oriented business (Refer to Article 2: Definition #170)
Stable, private club (Refer to Article 2: Definition #175)
Stable, commercial rental (Refer to Article 2: Definition #174)
Stable, boarding (Refer to Article 2: Definition #173)
Swim or tennis club (Refer to Article 2: Definition #182)
Theater, drive-in
Theater, other than drive-in t}pe
Airport landing field or heliport (Refer to Artiste 2: Definition #12)
Bus station or terminal (Refer to Article 2: Definition #29)
Hauling or storage company
Motor freight terminal
Railroad freight terminal
Railroad passenger station
Railroad track or Right-of-way (Refer to .'article 2: Definition #155)
Railroad team track (Refer to Article 2: Definition #154)
Parking lot, truck
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Parking lot or structure, commercial (Refer to Article 2: Definition #141)
Auto laundry
Auto painting and body repair
Auto sales and repair, indoor
Gasoline service station
New auto parts sales stores
New or used car sales lot, outdoor
Seat cover and muffler installation shop
Tire retreading or capping
Truck stop (Refer to Article 2; Definition # 192)
Used auto parts sales, indoor
Antique shop (Refer to Article 2: Definition #17)
Bakery or confectionery shop, retail
Cafeteria (Refer to Article 2: Definition #34)
Cleaning and pressing small shop and pickup (Refer to Article 2: Definition #38)
Custom personal service shop (Refer to Article 2: Definition 449)
Drapery, needlework of weaving shop
Florist or garden shop
Greenhouse or plant nursery, retail (Refer to Article 2: Definition 483)
Handicraft shop
Household appliance service and repair
Offices, professional and administrative
Laundry or cleaning, self service
Mimeograph, stationery or letter shop
Mortuary or funeral parlor
Off-premise sale of beer and or wine (Refer to Sec. 35-331 " Additional use regulations')
On-premise sale of beer and or wine (Refer to Sec. 35.331 " Additional use regulations')
Licensed private club (Refer to Article 2: Definition #101)
Pawn shop {
Restaurant (Refer to Article 2: Definition # 160)
Retail stores and shops 4,000 square feet and less
Retail stores and shops over 4,000 square feet
Retail stores with gas pumps
Studio for photographer, musician, artist or health
Secondhand store, used furniture or rummage sale
Tool or trailer rental
Animal clinic, hospital or kennel, no outside runs or pens
Animal clinic, hospital or kennel, with outside runs or pens
Farm or ranch (Refer to Article 2: Definition #70)
Green house or plant nursery (Refer to Article 2: Definition #83)
Bakery, wholesale
Building material sales
Cabinet and upholstery shop
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Cleaning and dyeing plant, commercial
Cleaning plant, bags or carpet, special equipment
Clothing manufacture or tight compounding or fabrication
Contractors shop and storage yard
Engine and motor repairing
Feed store
Heavy machinery sales and storage
Job printing or newspaper printing
Laundry plant, commercial
Milk depot, dairy or ice cream plant
Paint shop
Plumbing shop
Scientific or research laboratories (Refer to Article 2: Definition 4166)
Storage and sales of furniture or appliances outside a building
Storage or sales warehouse
Trailer rental or sales
Transfer, storage and baggage terminal
Wholesale office and sample room
Recycling collection center, public (Refer to Article 2: Definition # I56)(Refer to Sec. 35-326 "
Supplemental regulations')
Recycling collection center for household recyclable materials (Refer to Article 2: Definition
#98)(Refer to Sec. 35-326 " Supplemental regulations")
Sec. 35-193 SPECIFIC USE PERMIT
The following uses of land are authorized within the "C" zoning district upon the issuance of a
specific use permit under the regulations contained in Section 35.370 of this chapter.
Trailer camp, mobile home park or manufactured housing subdivision (Refer to Article 2: Definition
# 124 and 4117)
Cemetery or mausoleum
Fraternity, sorority, lodge or civic club
Electrical generating plant
Private utility shop or storage yard
Sewage treatment plant
Drag strip or commercial racing
Go-cart track
Firearm range, outdoor
Animal pound, public or private (Refer to Article 2: Definition #16)
Flea market (Refer to Article 2: Definition 472)
Extraction and storage of subsurface resources (Refer to Article 2: Definition #184)
Mixing and sale of concrete ( Refer to Sec. 35-323 )
Recycling collection center for household metals (Refer to Article 2: Definition #97) (Ref '.o Sec.
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35-326 Additional use regulations')
Sec. 3! ACCESSORY USES
The fo ises of land are authorized as accessory uses within the "C" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321 )
Accessory use (Refer to Article 2: Definition #1) (Refer to Sec.35-321 )
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Satellite dish (Refer to Sec. 35-322, C )
Swimming pool, private
Off- Street parking (Refer to Sec. 35-332, 8.12 "Parking and loading regulations"
Sec. 35-195 TEMPORARY USES
The following uses of land are authorized as temporary uses with in the "C" zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition #71)(Refer to Sec. 35-
328 for approval and control of building official)
Temporary concrete or asphalt batching plant (Refer to Sec. 35.329 for permit requirements)
Events of public interest (Refer to Sec.35-329 permit requirements)
Christmas tree sales (Refer to Sec. 35.329 for permit requirements)
Sec. 35-196 HEIGHT AND AREA REGULATIONS
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback none; 10 feet abutting residential district
Minimum Rear Yard Setback none; 10 feet abutting residential district
Minimum Lot Size none
Minimum Lot Width none
Minimum Lot Depth none
Maximum Building Coverage none
Maximum Height 20 stories; except as regulated in Sec.
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Sec. 35-197 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building line
so established by such ordinance or plat.
B. The front yard shall be measured from the property line 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 exceed four (4) feet and
sub-surface structures may not project into the front yard a height greater than forty (40)
inches. (Refer to Appendix A, figure A-5)
C. Where lots have street frontage on opposite ends of the lot, a required front yard shall be
provided on both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a plat or by ordinance. ( Refer to
Appendix A, figure 6).
D. On a comer lot, a side yard of not lees than fifteen (15) feet may be established on plat along
one of the frontages. (Refer to Appendix A, figure A-4)
E. Driveway access a street shall be at least twenty (20) feet long, measured in a straight line
and perpendicular the street right-of-way from any structure, building, accessory building
including a fence, garage or carport, to a street right-of-way line. (Refer to Appendix A,
figure A-10)
F. Where the frontage on one side of a street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to Appendix A, figure A-7)
a. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimension than the minimum front yard established in
the district, then the average front yard of all buildings in the block shall establish the
minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to Appendix A, figure 8)
H. Gasoline service station pump islands shall not be located nearer than eighteen (18) feet the
front property line. Pump island canopies may extend within ten (10) feet of the front
property line provided such canopies are not enclosed and remain unobstructed from the
ground the roof of such canopies.
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1. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district qr a Planned Development District designated for residential uses.
1. Every part of a required side yard shall be open and unobstructed except for accessory
buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not exceed twelve (12) inches into the
required side yard and roof eaves projecting not exceed twenty-four (24) inches into the
required side yard.
K. No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common district line, whether separated by an alley or not, dividing the district from a
residential district or a Planned Development District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
L. Every part of a required rear yard shall be open and unobstructed the sky from a point thirty
(30) inches above the general ground level of the graded lot, except for accessory buildings,
landscaping, fences and similar appurtenances and the ordinary projections of window sills,
belt courses, cornices and roof overhangs, and other architectural features projecting not
exceed our (4) feet into the required rear yard.
M. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
lot line abuts a residential use or residential zoning district.
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^ Sec, 35-200 CENTRAL BUSINESS DISTRICT (CB)
Sec. 35-201 PURPOSE
The commercial business "CB" zoning district is designed accommodate businesses in the
"downtown area" and encourage appropriate development, rehabilitation and redevelopment. The
"CB" district is intended accommodate a wide range of uses including residential, offices, retail and
commercial developments -
Sec. 35-202 PERMITTED USES
The following uses of land are authorized as permitted uses within the "CB" zoning district:
One family dwelling, detached (Refer to Article 2: Definition 462)
One family dwelling, attached (Refer to Article 2: Definition #61)
One family dwelling, restricted (Refer to Article 2: Definition 463)
Two-family dwelling (Refer to Article 2: Definition #65)
Multiple family dwelling or apartment (Refer to Article 2: Definition #64)
Boarding or rooming house (Refer to Article 2: Definition #26)
Dormitory (Refer to Article 2: Definition #59)
Hotel or motel (Refer to Article 2: Definition 496)
Art gallery or museum (Refer to Article 2: Definition #19)
Church or rectory (Refer to Article 2: Definition #37) (Refer to Sec.35-327 " Access collector
streets')
College or university ( Refer to Article 2: Definition 440)
Day nursery or kindergarten school (Refer to Article 2: Definition #55)
Group homes-type I (Refer to Article 2: Definition #84)
Group homes-type 11 (Refer to Article 2: Definition #85)
Group homes-type III (Refer to Article 2: Definition #86)
Home for care of alcoholic, narcotic or psychiatric patients
Hospital, acute care (Refer to Article 2: Definition 994)
Hospital, chronic care (Refer to Article 2: Definition #95)
Institutions for religious or philanthropic nature
Library, public
Monastery or convent
Nursing home or residence home for the aged (Refer to Article 2: Definition 9131)
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access collector
streets)
School, Private primary or secondary (Refer to Article 2: Definition #164) (Refer to Sec.35-327
"Access collector streets")
School, Public (Refer to Article 2: Definition #165) (Refer to Sec.35-327 " Access collector
streets')
School, business or trade (Refer to Article 2: Definition 4162) (Refer to Sec.35-327 " Access
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collector streets")
Community center, private (Refer to Article 2: Definition #43)
Electrical substation
Electrical transmission line
Fire station or similar public safety building (Refer to Sec.35-327 " Access collector streets')
Gas transmission line and metering station
Park or open space for passive recreation (Refer to Article 2: Definition # 143)
Public building, shop, yard or local, State or Federal Government (Refer to Article 2: Definition
#150)
Radio and television or microwave tower (Refer to Article 2: Definition #153) (Refer to Sec.35-
322)
Sewage pumping station
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition 4185)
Water reservoir, water pumping station or well
Water treatment plant
Amusement, commercial (indoor)(Refer to Article 2: Definition #14)
Amusement, commercial (outdoor)(Refer to Article 2: Definition #15)
Batting practice facilities (indoor)(Refer to Article 2: Definition #21)
Country club (private )with golf course (Refer to Article 2: Definition #46)
Dance hall or nightclub (Refer to Article 2: Definition #53)
Fairground or exhibition area
Golf course, lighted facilities (Refer to Article 2: Definition #82)
Golf course, no lighted facilities (Refer to Article 2: Definition #82)
Firearm or archery range, indoor
Park or playground (Refer to Article 2: Definition #139)
Playfield or stadium (Refer to Article 2: Definition #149)
Roller or ice skating rink
Sexually oriented business (Refer to Article 2: Definition #170)
Swim or tennis club (Refer to Article 2: Definition 4182)
Theater, other than drive-in type
Airport landing field or heliport (Refer to Article 2: Definition #12)
Bus station or terminal (Refer to Article 2: Definition #29)
Hauling or storage company
Motor freight terminal
Railroad freight terminal
Railroad passenger station
Railroad track or Right-of-way (Refer to Article 2: Definition 4155)
Railroad team track (Refer to Article 2: Definition #154)
Parking lot, truck
Parking lot or structure, commercial (Refer to Article 2: Definition #141)
Auto laundry
Auto painting and body repair
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' Auto sales and repair, indoor
Gasoline service station
New auto parts sales stores
New or used car sales lot, outdoor
Seat cover and muffler installation shop
Tire retreading or capping
Used auto parts sales, indoor
Antique shop (Refer to Article 2: Definition #17)
Bakery or confectionery shop, retail
Cafeteria (Refer to Article 2: Definition #34)
Cleaning and pressing small shop and pickup (Refer to Article 2: Definition 438)
Custom personal service shop (Refer to Article 2: Definition 449)
Drapery, needlework or weaving shop
Florist or garden shop
Greenhouse or plant nursery, retail (Refer to Article 2: Definition #83)
Handicraft shop
Household appliance service and repair
Offices, professional and administrative
Laundry or cleaning, self service
Mimeograph, stationery or letter shop
Mortuary or funeral parlor
Off-premise sale of beer and or wine (Refer to Sec. 35-331 " Additional use regulations")
On-premise sale of beer and or wine (Refer to Sec. 35-331 "Additional use regulations")
Licensed private club (Refer to Article 2: Definition 4101)
Pawn shop
Restaurant (Refer to Article 2: Definition #160)
Retail stores and shops 4,000 square feet and less
Retail stores and shops over 4,000 square feet
Retail stores with gas pumps
Studio for photographer, musician, artist or health
Secondhand store, used furniture or rummage sale
Tool or trailer rental
Animal clinic, hospital or kennel, no outside runs or pens
Green house or plant nursery (Refer to Article 2: Definition #83)
Bakery, wholesale
Building material sales
Cabinet and upholstery shop
Cleaning and dyeing plant, commercial
Cleaning plant, bags or carpet, special equipment
Clothing manufacture or light compounding or fabrication
Engine and motor repairing
Feed store
Heavy machinery sales and storage
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Job printing or newspaper printing
Laundry plant, commercial
Milk depot, dairy or ice cream plant
Paint shop
Plumbing shop
Scientific or research laboratories (Refer to Article 2: Definition #166)
Storage or sales warehouse
Trailer rental or sales
Transfer, storage and baggage terminal
Wholesale office and sample room
Recycling collection center, public (Refer to Article 2: Definition #156)(Refer to Sec. 35-326 "
Supplemental regulations')
Sec. 35-203 SPECIFIC USE PERMIT
The following uses of land are authorized within the "CB" zoning district upon the issuance of a
specific use permit under the regulations contained in Section 35-370 of this chapter.
Fraternity, sorority, lodge or civic club
Electrical generating plant
Private utility shop or storage yard
Animal pound, public or private (Refer to Article 2: Definition #1•;)
See. 35-204 ACCESSORY USES
The following uses of land are authorized as accessory uses within the "CB" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321 )
Accessory use (Refer to Article 2: Definition # 1) (Refer to Sec.35-321 ) {
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Satellite dish (Refer to Sec. 35-322, C }
Swimming pool, private
Off- Street parking ( Refer to Sec. 35-332, 8-12 "Parking and loading regulations"
Sec. 35.205 TEMPORARY USES
The following uses of land are authorized as temporary uses with in the "C" zoning district:
I
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control of building official)
Temporary concrete or asphalt batching plant (Refer to Sec. 35-329 for permit requirements)
Events of public interest (Refer to Sec. 35-329 for permit requirements)
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Christmas tree sales (Refer to Sec. 35-329 for permit requirements)
See. 35-206 HEIGHT AND AREA REGULATIONS
Minimum Front Yard Setback none
Minimum Side Yard Setback none
Minimum Rear Yard Setback none; 10 feet abutting residential district
Minimum Lot Size 2,000 square feet
Minimum Lot Width 20 feet
Minimum Lot Depth 100 feet
Maximum Building Coverage 40%
Maximum Height none
See. 35-207 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the. City Council, and such line requires a
greater or lesser setback than is prescribed by this ordinance for the district in which the
building line is located, the required front yard shall comply with the building line so
established by s,rch ordinance or plat.
B. Gasoline service station pump islands shall not be located nearer than eighteen (18) feet the
front property line. Pump island canopies may extend within ten (10) feet of the front
property line provided such canopies are not enclosed and remain unobstructed from the
ground the roof of such canopies.
C. No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common district line, whether separated by an alley or not, dividing the district from a
residential district or a Planned Development District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
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D. Every part of a required rear yard shall be open and unobstructed the sky from a point th rty
(30) inches above the general ground level of the graded lot, except for accessory buildings,
landscaping, fences and similar appurtenances and the ordinary projections of window sills,
belt courses, cornices and roof c vrrhangs, and other architectural features projecting not
I exceed four (4) feet into tine required rear yard.
E. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
° lot line abuts a residential use or residential zoning district.
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Sec. 35-210 LIGHT INDUSTRIAL DISTRICT (LI)
Sec. 35-211 PURPOSE
The light industrial "LI" zoning district is designed provide adequate sites for light manufacturing,
processing, assembling, warehousing and research and development in suitable areas of the City.
Sec. 35-212 PERMITTED USES
The following uses of land are authorized as permitted uses within the "LI" zoning district:
One family dwelling, restricted (Refer to Article 2: Definition #63)
Hotel or motel (Refer to Article 2: Definition 496)
Art gallery or museum (Refer to Article 2: Definition #19)
Cemetery or mausoleum
Church or rectory (Refer to Article 2: Definition #37) (Refer to Sec.35-327 " Access collector
streets')
College or university (Refer to Article 2: Definition #40)
Day camp (Refer to Article 2: Definition 454)
Day nursery or kindergarten school (Refer to Article 2: Definition #55)
Group homes-type I (Refer to Article 2: Definition #84)
Group homes-type If (Refer to Article 2: Definition #85)
Group homes-type III (Refer to Article 2: Definition #86)
Home for care of alcoholic, narcotic or psychiatric patients
Hospital, acute care (Refer to Article 2: Definition #94)
Hospital, chronic care (Refer to Article 2: Definition #95)
Institutions for religious or philanthropic nature
Library, public
Monastery or convent
Nursing home or residence home for the aged (Refer to Article 2: Definition #131)
School, parochial (Refer to Article 2; Definition 4163)(Refer to Sec. 35-327 "Access collector
streets)
School, Private primary or secondary (Refer to Article 2- Definition #164) (Refer to See.35-327
" Access collector streets")
School, Public (Refer to Article 2: Definition #165) (Refer to Sec.35-327 " Access collector
streets")
School, business or trade (Refer to Article 2: Definition #162) (Refer to Sec.35-327 " Access
collector streets')
Community center, private (Refer to Article 2: Definition 44))
Electrical generating plant
Electrical substation
Electrical transmission line
Fire station or similar public safety building (Refer to Article 2: Definition #152)(Refer to Sec.35-
141
327 "Access collector streets")
Gas transmission line and metering station
Park or open space for passiN a recreation (Refer to Article 2: Definition #143)
Private utility shop or storage yard
Public building, shop, yard or local, State or Federal Government (Refer to Article 2: Definition
#150)
Radio and television or microwave tower (Refer to Article 2: Definition # 153) (Refer to Sec.35-
322)
Sewage pumping nation
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition #185)
Water reservoir, water pumping station or well
Water treatment plant
Amusement, commercial (indoor)(Refer to Article 2: Definition #14)
Amusement, commercial (outdoor)(Refer to Article 2: Definition #15)
Bating practice facilities (indoor)(Refer to Article 2: Definition #21)
Batting practice facilities (outdoor)(Refer to Article 2: Definition #21)
Country club (private )with golf course (Refer to Article Definition 446)
Dance hall or nightclub (Refer to Article 2: Definition #53)
Drag strip or commercial racing
Fairground or exhibition area
".)-cart track
Golf course, lighted facilities (Refer to Article 2: Definition #82)
Golf course, no lighted facilities (Refer to Article 2: Definition #82)
Firearm or archery range, indoor
Archery range, outdoor
Park or playground (Refer to Article 2: Defiaitior,#139)
Playheld or stadium (Refer to Article 2: Definition 4149)
Rodeo grounds
Rolls or ice skating rink
Sex!aally oriented business (Refer to Article 2: Definition #170)
Stable, private club (Refer to Article 2: Definition #175)
Stable, commercial rental (Refer to Article 2: Definition #174)
Stable, boarding (Refer to Article 2: Definition #173)
Swim or tennis club (Refer to Article 2: Definition #182)
Theater, drive-in
neater, other than drive-in type
Airport landing fie!d or heliport (Refer to Article 2: Definition #12)
Bus station or terminal (Refer to Article 2: Definition #29)
Hauling or storage company
Motor freight terminal
Railroad freight terminal
Railroad passenger station
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Railroad team track (Refer to Article 2: Definition #154)
Parking lot, truck
Parking lot or structure, commercial ,Refer to Article 2: Definition #141)
Auto laundry
Auto painting and body repair
Auto sales and repair, indoor
Gasoline service station
New auto parts sales stores
New or used car sales lot, outdoor
Seat cover and muffler installation shop
Tire retreading or capping
Truck stop (Refer to Article 2; Definition #192)
Used auto parts sales, indoor
Antique shop (Refer to Article 2: Definition 417)
Bakery or c, infectionery shop, retail
Cafeteria (Refer to Article 2: Definition 434)
Cleaning a1d pres9irg small shop and pickup (Refer to Article 2: Definition #38)
Custom perse,: al service shop (Refer to Article 2: Definition #49)
Drapery, needlework or weaving shop
Florist or garden shop
Greenhouse or plant nursery, retail (Refer to Article 2: Definition #83)
Handicraft shop
Household appliance service and repair
Offices, professional and administrative
Laundry or cleaning, self service
Mimeograph, stationery or letter shop
Mortuary or funeral parlor
Off-premise sale of beer and or wine (Refer to Sec. 35-331 " Additional use regulations') ~
On-premise sale of beer and or wine (Refer to Sec. 35-331 " Additional use regulations')
Licensed private club (Refer to Article 2: Definition #101)
Pawn shop
Restaurant (Refer to Article 2: Definition #160)
Retail stores and shops 4,000 square feet and less
Retail stores and shops over 4,000 square feet
Retail stores with gas pumps
Studio for photographer, musician, artist or health
Secondhand store, used furniture or rummage sale
Tool or trailer rental
Animal pound, public or private (Refer to Article 2: Definition 416)
Animal clinic, hospital or kennel, no outside runs or pens
Animal clinic, hospital or kennel, with outside runs or pens
Farm or ranch (Refer to Article 2: Definition #70)
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Green house or plant nursery (Refer to Article 2: Definition 483)
Hatchery, poultry
Livestock processing, slaughter horse or poultry dressing
Bakery, wholesale
Building material sales
Cabinet and upholstery shop
Cleaning and dyeing plant, commercial
Cleaning plant, bags or carpet, special equipment
Clothing manufacture or light compounding or fabrication
Contractors shop and storage yard
Engine and motor repairing
Feed store
Heavy machinery sales and storage
Job printing or newspaper printing
Laundry plant, commercial
Milk d<l ot, dairy or ice cream plant
Paint shop
Petro leur,r products storage (wholesale)
Plumbing shop
Scientific or research laboratories (Refer to Art; -le 2: Definition #166)
Storage and sales of furnidire or appliances outside a building
Storage or sales warehouse
Trailer rental or sales
Transf°:, storage and baggage terminal
Wholesale office and sample room
Mixing and sale of concrete (Refer to Sec. 35-323 )
Recycling collection center, public (Refer to Article 2: Definition # 156)(Refer to Sec. 35-326 "
Supplemental regulations")
Recycling collection center for household recyclable materials (Refer to Article 2: Definition
#98)(Refer to Sec. 35-326 " Supplemental regulations")
Recycling collection center for household metals (Refer to Article 2: Defutition #97)(Refer to Sec.
35-326 " Supplemental regulations")
Salvage yard o: recycling collection center for industrial metals, indoor (Refer to Article 2:
Definition #99)(Refer to Sec. 35-326 " Supplemental regulations")
Sec. 35-213 SPECIFIC USE PERMIT
The following uses of land are authorized within the "Ll" zoning district upon the issuance of a
specific use permit under the regulations co:itained in Section 35-370 of this chapter.
Trailer camp, mobile home park or manufactured housing subdivision (Refer to Article 2: Definition
# 124 and # 117)
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Correctional facilities (Refer to Article 2: Definition #45)
Fraternity, sorority, lodge or civic club
Sewage treatment plant
Firearm range, outdoor
Livestock Auction (Refer to Article 2: Definition #103)
Livestock feeding plant, pens or yard (Refer to Article 2: Definition #104)
Flea market (Refer to Article 2: Definition 472)
Sand, gravel or earth sales or storage
Extraction and storage of subsurface resources (Refer to Article 2: Definition # 184)
Petroleum or gas well
Petroleum collecting or storage facilities (Refer to Article 2: Definition #145)
Mining or storage of mining wastes
Brick kiln or tile plant
Dump or sanitary fill area
Salvage yard or recycling collection center for industrial metals, outdoor (Refer to Article 2:
Definition #99)(Refer to Sec. 35-326 " Supplemental regulations'
Sec. 35-214 ACCESSORY USES
The following uses of land are authorized as accessory uses within the "LI" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321 )
Accessory use (Refer to Article 2: Definition #1) (Refer to Sec.35-321 )
Antenna and Support Structure fo.- Amateur Radio Station (Refer to Sec. 35-322)
Satellite dish (Refer to Sec. 35-322, C )
Swimming pool, private 1
Off- Street parking ( Refer to Sec, 35-332, 8-12 "Parking and loading regulations"
Sec. 35-215 TEMPORARY USES 1
The following uses of land are authorized as temporary uses with in the "LI" zoning district:
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Sec. 35-
328 for approval and control of building official)
Temporary concrete or asphalt batching plant (Refer to Sec. 35-329 for permit requirements)
Events of public ir,„rest (Refer to Sec. 35-329 for permit requirements)
Christmas tree sales (Refer to Sec. 35-329 for permit requirements)
Sec. 35-216 HEIGHT AND AREA REGULATIONS
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Minimum Front Yard Setback
Minimum Side Yard Setback none; 10 feet abutting residential district
Minimum Rear Yard Setback none; 10 feet abutting residential district
2,000 square feet
Minimum Lot Size
Minimum Lot Width 20 feet
'
Minimum Lot Depth 100 feet
40%
Maximum Building Coverage
Maxim-am Height none, as regulated in Section
Sec. 35-217 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building line
so established by such ordinance or plat.
B. The front yard shall be measured from the property line the front face of the building,
covered porch, covered terrace or attached acc sssory building. Eaves and roof extensions
may project in!o the required front yard for a distance not exceed four (4) feet and
sub-surface structures may not project into the front yard a height greater than forty (40)
inches. (Refer to Appendix A, figure A-5)
C. Where lots have street frontage on opposite ends of the lot, a required front yard shall be
provided on both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a plat or by ordinance. ( Refer to
Appendix A, figure 6).
D. On a comer lot, a side yard of not lees than fifteen (15) feet may be established on plat along
one of the frontages. (Refer to Appendix A, figure A-4)
E. Driveway access a street shall be at least twenty (20) feet long, measured in a straight line
and perpendicular the street right-of-way from any structure, building, accessory building
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including a fence, garage or carport, to a street right-of-way line. (Refer to Appendix A,
figure A-10)
F. Where the frontage on one side of a street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to Appendix A, figure A-7)
G. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimens;nn than the minimum front yard established in
the district, then the average front yard o,* all buildings in the block shall establish the
minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to Appendix A, figure 8)
H. Gasoline service station pump islands shall not be located nearer than eighteen (18) feet the
front property line. Pump island canopies may extend within ten (10) feet of the front
property line provided such canopies are not enclosed and remain unobstructed from the
ground the roof of such canopies.
1. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district or a Planned Development District designated for residential uses.
J. Every part of a required side yard shall be open and unobstructed except for accessory
buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not exceed twelve (12) inches into the
required side yard and roof eaves projecting not exceed twenty-four (24) inches into the
required side yard.
K. No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common district line, whether separated by an alley or not, dividing the district from a
residential district or a Planned Development District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
L. Every part of a required rear yard shall be open and unobstructed the sky from a point thirty
(30) inches above the general ground level of the graded lot, except for accessory buildings,
landscaping, fences and similar appurtenances and the ordinary projections of window sills,
belt courses, cornices and roof overhangs, and other architectural features projecting not
exceed four (4) feet into the required rear yard.
M. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
lot line ab.its a residential use or residential zoning district.
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Sec. 35-218 ADDITIONAL REGULATIONS
A. No building permit shall be issued until the applicant has complied with all applicable
Federal, State and City regulations.
B. When "HEV zoning classification is sought for a tract of land adjacent a residential use or
district, the City shall impose conditions and restrictions on such zoning pursuant the
provisions contained in Sec. 35-360.
C. The City Engineer may require a Traffic Impact Analysis (TIA) based on the type of use and
mode of transpoiLltion. A TIA sha'.l be required when existing streets do not have "adequate
capacity" accommodate the traffic be generated by the property at full development.
"Adequate capacity" shall mean a level of service C, as defined by the latest edition of the
Highway Capacity Manual, as published by the Transportation Research Board of the
National Research Board.
D. The City Engineer may require streets providing access the site be sized and strengthened
accommodate commercial truck traffic. If more than five (5) heavy trucks per week access
the proposed use, the streets shall be sized and strengthened according the standards
provided in the Subdivision and Land Development Regulations. For the purpose of this
provision, a heavy truck is defined as a truck with a wheel load over 18,000 pounds.
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Sec. 35-220 HEAVY INDUSTRIAL DISTRICT (111)
Sec. 35-221 NOTICE AND GRANDFATHER STATUS
Uses which were authorized under the City's Heavy Industrial "Hl" zoning district regulations in
effect immediately prior adoption of the Heavy Environmental Impact "HEI" zoning district for
which no rezoning is requested, may be established on land zoned for such district on the existing
zoning map in accordance with the prior district regulations contained in this subsection, providing
that all developments shall conform the supplemental regulations contained Section 7.0 of this
chapter. However, after the effective date of these revised zoning regulations no further rezoning
of property the Heavy Industrial (HI) zoning district classification shall be allowed.
Sec. 35-222 PERMITTED USES
The following uses of land are authorized as permitted uses within the "HI" zoning district:
Art gallery or museum (Refer to Article 2: Definition #19)
Cemetery or mausoleum
Church or rectory (Refer to Article 2: Definition #37) (Refer to Sec.35-327 " Access collector
streets')
College or university ( Refer to Article 2: Definition #40)
Home care for alcoholic, narcotic or psychiatric patients
Hospital, general acute care (Refer to Article 2: Definition 494)
Hospital, chronic care (Refer to Article 2: Definition 495)
Institutions for religious or philanthropic nature
Library
School, parochial (Refer to Article 2; Definition #163)(Refer to Sec. 35-327 "Access collector
streets)
School, Public (Refer to Article 2: Definition 9165) (Refer to Sec.35-327 " Access collector
streets')
School, business or trade (Refer to Article 2: DeEnition #162) (Refer to Sec.35-327 " Access
collector streets")
Community center, private (Refer to Article 2: Definition 443)
Electrical generating plant
Electrical substation
Electrical transmission line
Fire station or similar public safety building (Refer to Article 2: Definition #152) (Refer to Sec.35-
327 "Access collector streets")
Gas transmission line and metering station
Park or open space for passive recreation (Refer to Article 2: Definition 4143)
Private utility shop or storage yard
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Public building, shop or yard, Local, State or Federal Government (Refer to Article 2: Definition
#150)
Radio and television or microwave tower (Refer to Article 2; Definition #153) (Refer to Sec.35-
322)
Sewage pumping station
Sewage treatment plant
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition #185)
Water reservoir, water pumping station or well
Water treatment plant
Amusement, commercial (indoor) (Refer to Article 2: Definition #14)
Amusement, commercial (outdoor) (Refer to Article 2: Defirition 415)
Country club (private )with golf course (Refer to Article 2: Definition #46)
Dance hall or night club (Refer to Article 2; Definition #53)
Drag strip or commercial racing
Fairground or exhibition area
Go-cart track
Golf course, lighted facilities (Refer to Article 2: Definition 482)
Golf course, no lighted facilities (Refer to Article 2: Definition #82)
Firearm or archery range, indoor
Archery range, outdoor
Park or playground (Refer to Article 2: Definition #139)
Playfield or stadium (Refer to Article 2: Definition #149)
Rodeo grounds
Roller or ice skating rink
Sexually oriented business (Refer to Article 2: Definition #170)
Stable, private club (Refer to Article 2: Definition #175)
Stable, commercial rental (Refer to Article 2: Definition #174)
Stable, boarding (Refer to Article 2: Definition #173)
Swim or tennis club (Refer to Article 2: Definition #182) I
Theater, drive-in
Theater, other than drive-in
Airport landing field or he'.iport (Refer to Article 2: Definition. #12)
Bus station or terminal (Refer to Article 2: Definition #29)
Hauling or storage company
Motor freight terminal
Railroad freight terminal
Railroad passenger station
Railroad track or Right-of-way (Refer to Article 2: Definition # 155)
Railroad team track (Refer to Article 2: Definition 4154)
Parking lot, truck
Parking lot or structure (Refer to Article 2: Definition 4141)
Auto laundry
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" Auto painting and body repair
Auto sales and repair, indoor
Gasoline service station
New auto parts sales stores
' New or used car sales lot (outdoor)
Seat cover and rnuffler installation shop
Tire retreading or capping
Truck stop (Refer to Article 2; Definition #192)
Used auto parts sales (indoor)
Antique shop (Refer to Article 2: Definition #17)
Bakery or confectionery shop, retail
Cafeteria (Refer to Article 2: Definition #34)
Cleaning and pressing small shop and pickup (Refer to Article 2: Definition #38)
Custom personal service shop (Refer to Article 2: Definition #49)
Drapery, needlework or weaving shop
Florist or garden shop
Green house or plant nursery, retail (Refer to Article 2: Definition 483)
Handicraft shop
Household appliance service and repair
Laundry or cleaning, self-service
Mimeograph, stationery or letter shop
Mortuary or funeral parlor
Offices, professional and administrative
Off-premises sale of beer and/or wine(Refer to Sec. 35-131 " Supplemental regulations")
On-premises sale of beer and/or wire (Refer to Sec. 35-331 " Supplemental regulations')
Licensed private club (Refer to Article 2: Definition #101)
Pawn shop
Restaurant (Refer to Article 2: Definition #160)
Retail stores and shops 4,000 square feet and less
Retail stores and shops over 4,000 square feet
Retail stores with gas pumps
Studio for photographer, musician, artist or health
Secondhand store, used furniture or rumage sale
Tool or trailer rental
Animal pound, public or private (Refer to Article 2: Definition #16)
Animal clinic, hospital or kennel, no outside runs or pens
Animal clinic, hospital or kennel, with outside runs or pens
Farm or ranch (Refer to Article 2: Definition #70)
Grain storage and milling facility
Green house or plant nursery (Refer to Article 2: Definition 483)
Hatchery, poultry
Livestock processing, slaughter house or poultry dressing
Livestock auction (Refer to Article 2: Definition # 103)
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Livestock feeding plant, pens or yard (Refer to Article 2: Definition #104)
Bakery, wholesale
Building material sales
Cabinet and upholstery shop
Cleaning and dyeing plant, commercial
Cleaning plant, bags or carpets, special equipment
Clothing manufacture or light compounding or fabrication
Contractors shop or storage yard
Engine and motor repairing
Feed store
Heavy machinery sales and storage
Job printing or newspaper printing
Laundry plant, commercial
Milk depot, dairy or ice cream plant
Paint shop
Petroleum products storage, wholesale
Plumbing shop
Sand, gravel or earth sales or storage
Scientific or research laboratories (Refer to Article 2: Definition 4166)
Storage and sales of furniture or appliances outside a building
Storage or sales warehouse
Trailer rental or sales
Transfer, storage and baggage terminal
Wholesale office and sample room
Extraction and storage of subsurface resourc:stRerer to Article 2: Definition #184)
Petroleum or gas well
Petroleum collecting or storage facilities (Refer to Article 2: Definition #145)
Mining or storage of mining wastes
Asphalt or concrete hatching plant (Refer to Sec. 35-329 " Supplemental regulations")
Brick kiln or tile plant (Refer to Article 2: Definition #27)
Cement or hydrated lime manufacture
Dump or sanitary landfill area
Mixing and sale of concrete (Refer to Sec. 35-323 " Supplemental regulations")
Recycling collection center, public (Refer to Article 2: Definition # 156)(Refer to Sec. 35.326 "
Supplemental regulations")
Recycling collection center for household recyclable materials (Refer to Article 2: Definition
#98)(Refer to Sec. 35-326 " Supplemental regulations")
Recycling collection center for household metals (Refer to Article 2: Definition 497)(Refer to Sec.
35.326 " Supplemental regulations")
Salvage yard or recycling collection center for industrial metals, indoors (Refer to Article 2:
Definition 499)(Refer to Sec. 35-326 " Supplemental regulations")
Smelter or refinery
Steel fabrication and finishing
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Sec. 35-223 SPECIFIC USE PERMIT
The following uses of land are authorized within the 'W' zoning district upon the issuance of a
specific use permit under the regulations contained in Section 35-370 of this chapter.
Correctional facilities (Refer to Article 2: Definition #45)
Fraternity, sorority, lodge or civic club
Firearm range, outdoor
Auto wrecking or salvage yard
Flea market (Refer to Article 2: Definition #72)
Salvage yard or recycling collection center for industrial metals, outdoors (Refer to Article 2:
Definition #99) (Refer to Sec. 35.326 " Supplemental regulations")
Any industrial use which due possible emission of excessive smoke, noise, gas, fumes, dust, odor,
vibration or the danger of fire, explosion or radiation as may be determined by health, fire or
building officials be presently or in the future likely be a hazard or nuisance adjacent property or
the community at large but which may be located and operated under specific standards
Sec. 35-224 ACCESSORY USES
The following uses of land are authorized as accessory uses within the "HI" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35.321 )
Accessory use (Refer to Article 2: Definition #1) (Refer to Sec.35-321 )
Antenna and Support Structure for Amateur Radio Station (Refer to Sec, 35-322)
Satellite dish (Refer to Sec. 35-322, C )
Swimming pool, private
Off- Street parking ( Refer to Sec. 35-332, 8.12 "Parking and loading regulations"
Sec. 35-225 TEMPORARY USES
The following uses of land are authorized as temporary uses with in the "HI" zoning district:
Events of public interest ( Refer to requirements in Sec,35.329 )
Christmas tree sales ( Refer to requirements in Sec. 35-329)
Field, construction office or real estate sales (Refer to Article 2; Definition #71) (Refer to Article
2; Definition #71)( Refer to requirements in Sec. 35-328)
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.Sec. 35-226 11EIGHT AND AREA REGULATIONS
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback none; 10 feet abutting residential district
Minimum Rear Yard Setback none; 10 feet abutting residential district
Minimum Lot Size 2,000 square feet
Minimum Lot Width 20 feet
Minimum Lot Depth 100 feet
Maximum Building Coverage 40%
Maximum Height none
Sec. 35-227 ADDITIONAL AREA REGULATIONS
A. Where a building line has been established by plat or ordinance approved by the City
Planning and Zoning Commission, or enacted by the City Council, and such line requires a
greater or lesser front yard setback than is prescribed by this ordinance for the district in
which the building line is located, the required front yard shall comply with the building line
so established by such ordinance or plat.
B. 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 c.-tensions
may project into the required front yard for a distance not exceed four (4) feet and
sub-surface structures may not project into the front yard a height greater than forty (40)
inches. (Refer to Appendix A, figure A-5)
C. Where lots have street frontage on opposite ends of the lot, a required front yard shall be
provided on both streets, unless an accessory building line or yard has been established on
the lot and the same side of the lot on adjacent lots on a plat or by ordinance. (Refer to
Appendix A, figure 6).
D. On a comer lot, a side yard of not lees than fifteen (15) feet may be established on plat along
one of the frontages. (Refer to Appendix A, figure 4)
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E. Driveway access a street shall be at least twenty (20) feet long, measured in a straight line
and perpendicular the street right-of-way from any structure, building, accessory building
including a fence, garage or carport, to a street right-of-way line. (Refer to to Appendix A,
figure A-10)
F. Where the frontage on one side ofa street between two (2) intersecting streets is divided by
two (2) or more zoning districts, the front yard shall comply with the requirements of the
most restrictive district for the entire frontage. (Refer to to Appendix A, figure A-7)
G. If buildings along the frontage of any street in a single block have observed an average
setback which is greater or lesser in dimension than the minimum front yard established in
the district, then the average front yard of all buildings in the block shall establish the
minimum front yard; however, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building observe a setback exceeding ten (10) feet
greater than that observed on any adjacent lot. (Refer to to Appendix A, figure 8)
H. Gasoline service station pump islands shall not be located nearer than eighteen (18) feet the
front property line. Pump island canopies may extend within ten (10) feet of the front
property line provided such canopies are not enclosed and remain unobstructed from the
ground the roof of such canopies.
I. A ten (10) feet side yard shall be required where a nonresidential use abuts a residential
district or a Planned Development District designated for residential uses.
J. Every part of a required side yard shall be open and unobstructed except for accessory
buildings as permitted herein, and the ordinary projections of window sills, belt courses,
cornices and other architectural features projecting not exceed twelve (12) inches into the
required side yard and roof eaves projecting not exceed twenty-four (24) inches into the
required side yard.
K. No rear yard is specified for nonresidential uses except where a nonresidential use abuts a
common district line, whether separated by an alley or not, dividing the district from a
residential district or a Planned Development District designated for residential uses, in
which case a ten (10) feet rear yard shall be provided.
L. Every part of a required rear yard shall be open and unobstructed the sky from a point thirty
(30) inches above the general ground level of the graded lot, except for accessory buildings,
landscaping, fences and similar appurtenances and the ordinary projections of window sills,
belt courses, cornices and roof overhangs, and other architectural features projecting not
exceed four (4) feet into the required rear yard.
M. Accessory buildings and structures may be located in the rear of the main building on a lot
except that a minimum rear yard setback of ten (10) feet shall be maintained when the rear
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lot line abuts a residential use or residential zoning district.
Sec. 35-228 ADDITIONAL REGULATIONS
A. No building permit shall be issued until the applicant has complied with all applicable
Federal, State and City regulations.
B. When "HEP zoning classification is sought for a tract of land adjacent a residential use or
district, the City shall impose conditions and restrictions on such zoning pursuant the
provisions contained in Sec. 35.360.
C. The City Engineer may require a Traffic Impact Analysis (TIA) based on the type of use and
mode of transportation. A TIA shall be required when existing streets do not have "adequate
capacity" accommodate the traffic be generated by the property at full development.
"Adequate capacity" shall mean a level of service C, as defined by the latest edition of the
Highway Capacity Manual, as published by the Transportation Research Board of the
National Research Board.
D. The City Engineer may require streets providing access the site be sized and strengthened
accommodate commercial truck traffic. If more than five (5) heavy trucks per week access
the proposed use, the streets shall be sized and strengthened according the standards
provided in the Subdivision and Land Development Regulations. For the purpose of this
provision, a heavy truck is defined as a truck with a wheel load over 18,000 pounds.
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SEC. 35-230 HEAVY ENVIRONMENTAL IMPACT DISTRICT (HEI)
See. 35-231 Purpose
This district is intended allow for heavy industrial uses, manufacturing activities and other such uses
whose proximity residential uses and nonresidential uses of lesser intensity than those listed herein
require special consideration due nuisance factors associated with these uses.
Areas zoned the "HEP' district are intended locate close major transportation sources such as
freeways, arterials, collectors and railroads where appropriate, including direct access arterial or
collector sized streets.
Sec. 35-232 Permitted Uses
The following uses of land are authorized as permitted uses within the "HEI" zoning district:
One family dwelling, restricted (Refer to to Article 2: Definition #63)
Cemetery or mausoleum
Church or rectory (Refer to to Article 2: Definition #37) (Refer to to Sec,35.327 " Access collector
streets")
College or university (Refer to Article 2: Definition #40)
School, business or trade (Refer to Article 2: Definition 4162) (Refer to to Sec,35-327 " Access
collector streets")
Electrical generating plant
Electrical substation
Electrical transmission line
Fire station or similar public safety building (Refer to Article 2: Definition #152) (Refer to Sec.35-
327 " Access collector streets")
Gas transmission line and metering station
Park or open space for passive recreation (Refer to Art icle 2: Definition # 143)
Private utility shop or storage yard
Public building, shop or yard, Local, State or Federal Government
Radio and television or microwave tower (Refer to Article 2; Definition # 153) (Refer to Sea35-322)
Sewage pumping station
Sewage treatment plant
Telephone, business office
Telephone line and exchange switching or relay station (Refer to Article 2: Definition #185)
Water reservoir, water pumping station or well
Water treatment plant
Amusement, commercial (indoor) (Refer to Article 2: Definition #14)
Amusement, commercial (outdoor) (Refer to Article 2: Definition 415)
Country club (private )with golf course (Refer to Article 2: Definition #46)
Dance hall or night club (Refer to Article 2; Definition 953)
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Drag strip or commercial racing
Fairground or exhibition area
Go-cart track
Golf course, lighted facilities (Refer to Article 2: Definition #82)
Golf course, no lighted facilities (Refer to Article 2: Definition #82)
Firearm or archery range, indoor
Archery range, outdoor
Playfield or stadium (Refer to Article 2: Definition 4149)
Rodeo grounds
' Roller or ice skating rink
Sexually oriented business (Refer to Article 2: Definition #170)
Stable, private club (Refer to Article 2: Definition 4175)
Stable, commercial rental (Refer to Article 2: Definition # 174)
Stable, boarding (Refer to Article 2: Definition #173)
Swim or tennis club (Refer to Article 2: Definition #182)
Theater, drive-in
Theater, other than drive-in
Airport landing field or heliport (Refer to Article 2: Definition #12)
Bus station or terminal (Refer to Article 2: Definition 929)
Hauling or storage company
Motor freight terminal
Railroad freight terminal
Railroad passenger station
Railroad track or Right-of-way (Refer to Article 2: Definition #155)
Railroad team track (Refer to Article 2: Definition #154)
Parking lot, truck
Parking lot or structure (Refer to Article 2: Definition #141)
Auto laundry
Auto painting and body repair
Auto sales and repair, indoor
Gasoline service station
New auto parts sales stores
New or used car sales lot (outdoor)
Seat cover and muffler installation shop
Tire retreading or capping
Truck stop (Refer to Article 2; Definition # 192)
Used auto parts sales (indoor)
Cafeteria (Refer to Article 2: Definition 434)
Cleaning and pressing small shop and pickup (Refer to Article 2: Definition #38)
Custom personal service shop (Refer to Article 2: Definition 449)
Drapery, needlework or weaving shop
Handicraft shop
Household appliance service and repair
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Laundry or cleaning, self-service
Mimeograph, stationery or letter shop
Mortuary or funeral parlor
Offices, professional and administrative
Off-premises sale of beer and/or wine(Refer to Sec. 35-33I " Supplemental regulations')
On-premises sale of beer and/or wine (Refer to Sec. 35-331 " Supplemental regulations')
Licensed private club (Refer to Article 2: Definition 4101)
Pawn shop
Restaurant (Refer to Article 2: Definition #160)
Retail stores and shops 4,000 square feet and less
Retail stores and shops over 4,000 square feet
Retail stores with gas pumps
Secondhand store, used furniture or rumage sale
Tool or trailer rental
Animal pound, public or private (Refer to Article 2: Definition #16)
Animal clinic, hospital or kennel, no outside runs or pens
Animal clinic, hospital or kennel, with outside runs or pens
Farm or ranch (Refer to Article 2: Definition #70)
Grain storage and milling facility
Green house or plant nursery (Refer to Article 2: Definition #83)
Hatchery, poultry
Livestock processing, slaughter house or poultry dressing
Livestock auction (Refer to Article 2: Definition #103)
Livestock feeding plant, pens or yard (Refer to Article 2: Definition # 104)
Bakery, wholesale
Building material sales
Cabinet and upholstery shop
Cleaning and dyeing plant, commercial
Cleaning plant, bags or carpets, special equipment
Clothing manufacture or light compounding or fabrication
Contractors shop or storage yard
Engine and motor repaVng
Feed store
Heavy machinery sales and storage
Job printing or newspaper printing
Laundry plant, commercial
Milk depot, dairy or ice cream plant
Paint shop
Petroleum products storage, wholesale
Plumbing shop
Scientific or research laboratories (Refer to Article 2: Definition #166)
Storage and sales of furniture or appliances outside a building
Storage or sales warehouse
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Trailer rental or sales
Transfer, storage and baggage terminal
Wholesale office and sample room
Extraction and storage of subsurface resources(Refer to Article 2: Definition 9184)
Petroleum or gas well
Petroleum collecting or storage facilities (Refer to Article 2: Definition # 145)
Asphalt or concrete hatching plant (Refer to Sec. 35-329 " Supplemental regulations")
Brick kiln or tile plant (Refer to Article 2: Definition #27)
Cement or hydrated lime manufacture
Dump or sanitary landfill area
Mixing and sale of concrete (Refer to Sec. 35-323 " Supplemental regulations")
Recycling collection center, public (Refer to Article 2: Definition #156)(Refer to Sec. 35-326 "
Supplemental regulations")
Recycling collection center for household recyclable materials (Refer to Article 2: Definition
498)(Refer to Sec. 35.326 " Supplemental regulations")
Recycling collection center for household metals (Refer to Article 2: Definition 497)(Refer to Sec.
35-326 " Supplemental regulations")
Salvage yard or recycling collection center for industrial metals, indoors (Refer to Article 2:
Definition 499XRefer to Sec. 35-326 " Supplemental regulations'?
Smelter or refinery
Steel fabrication and finishing
Sec. 35.233 SPECIFIC USE PERMIT
The following uses of land are authorized within the "HEI" zoning district upon the issuance of a
specific use permit under the regulations contained in Section 35.370 of this chapter.
Correctional facilities (Refer to Article 2: Definition #45)
Fraternity, sorority, lodge or civic club
Firearm range, outdoor
Auto wrecking or salvage yard
Flea market (Refer to Article 2: Definition #72)
Sand, gravel or earth sales or storage
Mining or storage of mining wastes
Salvage yard or recycling collection center for industrial metals, outdoors (Refer to Article 2:
Definition #99) (Refer to Sec. 35-326 " Supplemental regulations')
Any industrial use which due possible emission of excessive smoke, noise, gas, fumes, dust, odor,
vibration or the danger of fire, explosion or radiation as may be determined by health, fire or
building officials be presently or in the future likely be a hazard or ouisance adjacent property or
the community at large but which may be located and operated under specific standards
Sec. 35-234 ACCESSORY USES
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The following uses of land are authorized as accessory uses within the "FIEI" zoning district:
Accessory buildings (Refer to Article 2; Definition#2) (Refer to Sec. 35-321)
Accessory use (Refer to Article 2: Definition #1) (Refer to Sec.35-321)
Antenna and Support Structure for Amateur Radio Station (Refer to Sec. 35-322)
Satellite dish (Refer to Sec. 35-322, C }
Swimming pool, private
Off- Street parking ( Refer to Sec. 35-332, 8-12 "Parking and loading regulations"
Sec. 35-235 TEMPORARY USES
The following uses of land are authorized as temporary uses with in the "HEI" zoning district:
Events of public interest ( Refer to requirements in Sec.35-329 )
Christmas tree sale-, ( Refer to requirements in Sec.35-329 )
See. 35-236 HEIGHT AND AREA STANDARDS
A. Street Yard Building Setbacks
Minimum Setback 25 feet
B. Interior Side and Rear Yard Building Setback
1 foot of setback per 1 foot of building height
Minimum setback 15 feet.
Maximum required setback 200 feet.
C. Maximum Height
No height standard has been established for this district except for those restrictions contained in the
Denton Municipal Airport Zoning Regulations ( Refer to Article 6 "Special Districts" as amended.
See. 35-237 ADDITIONAL REGULATIONS
A. No building permit shall be issued until the applicant has complied with all applicable
Federal, State and City regulations.
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B. When "HEV zoning classificatia: is sought for a tract of lend adjacent a residential use or
district, the City shall impose conditions and restrictions on such zoning pursuant the
provisions contained in Sec. 35.360.
C. The City Ergineer may require a Traffic impact Analysis (TIA) based on the type of use and
mode of transportation. A TIA shall be required when existing streets as do not full have "adequate
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capacity accommodate the traffic be generated by the property development
"Adequate capacity" shall mean a level of service C, as defined by the latest edition of the
Highway Capacity Manual, as published by the Transportation Research Board of the
National Research Board.
D. The City Engineer may require streets providing access the site be sized and strengthened
accommodate commercial truck traffic. If more than five (5) heavy trucks per week access
the proposed use, the streets shall be sized and strengthened according the scan-lards
provided in the a ~~c~n and t and Development Re¢utations. For the purpose of this
l rovision, a heavy truck is defined as a truck with a wheel load over 18,000 pounds.
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ARTICLE V SPECIAL DISTRICTS
Sec. 35-239 DECLARATION OF POLICY
The city council hereby finds and declares as a matter of public policy that specific neighborhoods
and areas within the City of Denton may be identified and designated as special districts. The
purpose of a special district is to promote a unique design, development concept or specific area plan
or policy in a defined area or neighborhood. Special district regulations may include, but not
limited to development standards, architecture, layout and design, density, intensity, landscaping
and the provision of public services and infrastructures intended to protect a specific area, enhance
or promote physical development in the interest of the culture, prosperity, education and general
welfare of the people. The purposes of this Section are to:
A. Protect, enhance and perpetuate important elements of the city's and or state's architectural,
archaeological, cultural, social, economic, ethnic and political history and to develop
appropriate settings for such places;
B. Safeguard historic and cultural heritage;
C. Stabilize and improve property values in such locations;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Protect and enhance the city's attractions to tourists and visitors and provide incidental
support and stimulus to business and industry;
F. Strengthen the economy of the city and or neighborhood;
0. Promote planning and development activities to conserve natural resources, accomplish a
unique design concept, strengthen and diversify the local economy and to implement the
policies of the Denton Development Plan.
Sec. 35-140 DENTON AIRPORT ZONING REGULATIONS
Sec. 35-241 Purpose and Intent
It is the purpose and intent of this article to regulate and restrict the height of structures and objects
of natural growth and the use of property in the vicinity of the Denton Municipal Airport. The
regulations are intended to prevent the encroachment of noise sensitive or otherwise incompatible
land uses which may endanger the health, safety, and welfare of the owners, occupants, or users of
the land to prevent the creation or establishment of obstructions that are a hazard to air navigation.
The regulations also are intended to implement state and federal rules pertaining to the regulation
of land uses in the vicinity of airports.
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See. 35-242 Definitions
The following words, terms or phrases, when used in this article, shall have the meanings attached
to them in this Section:
(1) Airport means the Denton Municipal Airport.
(2) Airport hazard means any structure or object of natural growth, or use of land, which
obstructs the air space required for the taking off, landing and flight of aircraft, or
that interferes with the visual, radar, radio or other systems for tracking, acquiring
data relating to, monitoring or controlling aircraft.
(3) Approach surface means a surface longitudinally centered on the extended runway
centerline and extending outward and upward from each end of the primary surface.
An approach surface is applied to each end of each runway based upon the type of
approach available or planned for that runway end.
(4) Board ofAdjusiment or Board means the Airport Board of Adjustment.
(5) Conical surface means a surface which extends outward and upward from the
periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of four
thousand (4,000) feet.
(6) Directormeans the Director for Planning and Development for the City of Denton,
or his designee.
(7) Height means, fo: the purpose of determining height limitations in all zones
established in this article and shown on the zoning map, the vertical distance of an
object above mean sea level elevation unless otherwise specified.
(8) Horizontal surface means a horizontal plane one lurndred and fifty (150) feet above
the established airport elevation of, the perimeter of which is constructed by
swinging arcs of ten thousand (10,000) feet radii from the center of each end of the
primary surface of runways 17L-35R and 17R-35L of the airport, and connecting the
adjacent arcs by lines tangent to those arcs.
(9) Nonconforming use or structure means any pre-existing use or structure, inOriing
an object of natural growth, which is inconsistent with th; provisions of this article.
(10) Obstructionmeans any structure, growth, or otk.r object, including a mobile object,
which exceeds a limiting height set forth in Section 35.244 of this article.
(11) Person means an individual, firm, partnership, corporation, company associations,
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joint stock association or body politic and includes a trustee, receiver, assignee,
administrator, executor, guardian or other representative.
(12) Political subdivision means any municipality or county.
(13) Precision Instrument Runway means a runway having an existing instrument
approach procedure u•'ili '
.zing an Instrument Landing System (ILS) or a Precision
Approach Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout plan or any other
planning document.
(14) Primary Surface means a surface longitudinally centered on a runway. When the
runway has a specially prepared hard surface, the primary surface extends 200 feet
beyond each end of that runway; but when the runway has no specially prepared hard
surface or planned hard surface, the primary surface ends at each end of that runway.
The elevation of any point on the primary surface is the same as the elevation of the
nearest point on the runway centerline.
(15) Runwaymeans a defined area in an airport for landing and take-off of aircraft along
its length.
(16) Transitional Surface means a surface extending outward and upward at right angles
to the runway centerline at a slope of 7:1 from the sides of the primary surface and
from the sides of the approach surface. Transitional surfaces for those portions of the
precision approach surface which project through and beyond the limits of the
conical surface, extend a distance of five thousand (5,000) feet measured horizontally
from the edge of the approach surface and at right angles to the runway centerline.
See. 35-243 Nature and Effect of Regulations
(a) Generally. This article shall be known as the Denton Airport Zoning Regulations.
Regulations addressing airport compatible land uses generally are applicable within
an area located outside the airport boundaries and within a rectangle bounded by
lines located no farther than one and one-half (1.5) statute miles from the centerline
of an instrument or primary runway and no farther than five (5) statute miles from
each end of the paved surface of precision instrument runways.
(b) Inside City Limit. The Airport Zoning Regulations impose two types of overlay
zoning districts inside City limits that combine with existing and future zoning
district regulations. The first type of overlay zoning district, delineated in Appendix
E, figure I, establishes height limitations on structures and natural objects within an
area generally traversed by the flight tracks of aircraft using the Denton Municipal
Airport. This type of overlay zoning district shall be known as the Airport Height
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Hazard District (AHHD). The second type of overlay zoning district, delineated in
Appendix E, figure 2, establishes land use compatibility regulations that prohibit
certain types of land uses and that impose performance standards on other land uses
that potentially are subject to noise impacts from aircraft operation in the vicinity of
the airport. This type of overlay zoning district shall be known as the Airport
Compatibility Land Use District (ACLUD).
(C } Regulations in Extraterritorial Jurisdiction. This article applies to lands lying within
the City's extraterritorial jurisdiction (TTY)as well as to lands within City
boundaries. For properties in the ET3, the Airport Height Hazard District and the
Airport Compatibility Land Use District regulations constitute zoning district
regulations that shall be administered through the permit system established by this
article.
(d) Applicability and Conflict With Other Laws and Regulations. Except as otherwise
expressly provided herein to the contrary, the regulations established in this article
shall apply in addition to those regulations and standards applicable to the use of land
and structures which are made applicable by the City of Denton's zoning or other
development regulations or those of any other political subdivision. Where there
exists a conflict between any standard, restriction, limitation, requirement or
regulation prescribed by this article and any other applicable regulation, the
provisions of this article shall govern and prevail; provided that the more stringent
limitation or requirement shall control in the event of a conflict with respect to the
height of a structure or object of natural growth. In the event of a conflict between
the requirements of this ordinance and any provision of state law, state law
requirements shall prevail.
(e) General Prohibition on Airport Hazards, Notwithstanding any other provisions of
this article, no person shall use land or water within any zone established by this
ordinance in such a mariner as to create electrical interference with navigational
signals or radio communication between the airport and aircraft; make it difficult for
pilots to distinguish between airport lights and other lighting; result in glare in the
eyes of pilots using the airport; impair visibility in the vicinity of the airport; create
bird strike hazards; or otherwise in any way endanger or interfere with the landing,
taking off, or maneuvering of aircraft intending to use the airport.
(f) Split Parcels. When a parcel of land lies within more than one airport zoning
subdistrict, or only a portion lies within an airport zoning district, the provisions of
the most restrictive regulations apply to the use of land and structures for the entire
parcel, except when:
(1) it is determined by the Director that a structure is located within a single
airport zoning subdistrict, then the provisions of that subdistrict shall apply
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to such structure; or
(2) it is determined by the Director that a structure is located outside any airport
zoning district, then the provisions of the standard zoning district in which
the structure is located shall apply.
(g) Federal Standards. Consistent with Tex.Loc.Gov't Code Section 241.012, it is the
intent of this Section that federal laws or rules controlling the use of land located
adjacent to or in the immediate vicinity of an airport, as they may be amended from
time to time, that impose more stringent limitations than are imposed under
provisions herein set forth, shall be applied to any permit application submitted under
this article until such time as the City is able to conform its airport zoning regulations
to such law or rules.
Sec. 35-244 Airport Height Hazard District
(a) District Established. There is hereby established an Airport Height Hazard District
(AHHD) within that area lying beneath the Approach Surfaces, Transitional Surfaces,
Horizontal Surface and Conical Surface of the Denton Municipal Airport. The
AHHD consists of the following subdistricts, which are depicted on a map prepared
by Coffman & Associates, a copy of which appear as Appendix E, figure 1 attached
hereto and incorporated by reference herein and which constitutes the zoning map for
the district.
Subdistrict Descriptions. The AHHD
(b) consists of the following subdistricts, that are
described by reference to definitions, rules, restrictions and regulations, as may be
amended from time to time, by the Federal Aviation Administration ("FAA"), as
follows:
(1) Approach Zones. Approach Zones for runways 17L-35R and 17R-35L
hereby are established beneath the approach surfaces at each runway end on
the Denton Municipal Precision Instrument Airport for landings and takeoffs.
The inner edge of the approach zone shall have a width of one thousand
(1000) feet which coincides with the width of the primary surface at a
distance of two hundred (200) feet beyond each end of each runway,
widening thereafter uniformly to a width of sixteen thousand (16,000) feet at
a horizontal distance of fifty thousand (50,000) feet beyond each end of the
primary surface, its centerline being the continuation of the centerline of the
runway.
(2) Transitional Zones, Transition zones hereby are established beneath the
transition surface adjacent to runways 17L-35R and 17R-35L, and to each
approach surface as indicated on the zoning map. Transition surfaces,
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symmetrically located on either side of runways, have variable widths as
shown on the zoning map.
(3) Horizontal Zone. The horizontal zone hereby is established at the area
beneath the horizontal surface of the airport.
(4) Conical Zone. The conical zone hereby is established as the area beneath the
conical surface of the airport.
{ c) Height Limitations. Except as otherwise provided in this article, no person shat{
erect, alter or maintain a structure, and no person shall allow a tree or other natural
object to grow in excess of the applicable height limitations established herein for
each Airport Height Hazard Subdistrict.
(1) Approach Zones. For runways 17L-35R and 17R-35L:
( I) beginning at the end of and at the elevation of the primary surface,
one (1) foot in height for each fifty (50) feet in horizontal distance;
and
(ii) beginning at a point ten thousand (10,000) feet from the end of the
primary surface and extending an additional forty thousand (40,000)
feet along the extended runway centerline, one (1) foot in height for
each forty (40)feet in horizontal distance.
(2) Transitional Zones.
( I) beginning at the sides of and at the same elevation as the primary
surface and the approach surface, and extending to a height of one
hundred and fifty (150) feet above the airport elevation (six hundred
and sixty (660) feet above mean sea level), one (I)foot in height for
every seven (7) feet in horizontal distance;
(ii) beginning at the sides of and at the same elevation as the approach
surfaces, and extending to where they intersect the conical surface,
one (1) foot in height for every seven (7) feet in horizontal distance;
and
(iii) where the precision instrument runway approach zone projects
beyond the conical zone, and beginning at the sides of and at the
same elevation as the approach surface, and extending a horizontal
distance of five thousand (5,000) feet measured at ninety (90) degree
angles to the extended runway centerline, one (1) foot in height for
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every seven (7) feet in horizontal distance.
(3) Horizontal Zone. Within the horizontal zone, one hundred and fifty (150)
feet in height above the airport elevation, or a height of eight hundred and
ten (810) feet above mean sea level.
(4) Conical Zone. From the periphery of the horizontal zone and at heights
between one hundred and fifty (150 ) feet and three hundred and fifty (350)
feet above the airport elevation, one (I)foot in height for every twenty (20)
feet in horizontal distance.
See. 35-245 Airport Compatibility Land Use District
(a) District Established. There is hereby established an Airport Compatibility Land
Use District (ACLUD), consisting of two subdistricts (ACLUD-1 and ACLUD-2),
the boundaries of which are shown on the Airport Compatibility Land Use District
map, a copy of which appears as Appendix B, figure 2, which is attached hereto and
incorporated by reference herein, and which constitutes the zoning map for the
district.
(b) Prohibited Uses in Airport Compatibility Land Use District. The following uses are
prohibited within the Airport Compatibility Land Use District:
(1) Educational Uses. All educational uses, including but not limited to, public
and private schools, kindergartens, and child care facilities, colleges and
universities, and vocational schools, are prohibited within the ACLUD;
provided, however, that the following educational facilities are permitted
within the district:
(I) schools for flight instruction or for vocations associated with the
airport, airplanes or aviation related activities; and
(ii) facilities for employee or client training or instruction related to
services or products associated with the business of the entity
providing such training or instruction and which is not the primary
business of such entity.
(2) Health care facilities, Health care facilities, including specifically hospitals,
nursing homes, institutions or any other facilities providing convalescent or
rehabilitative care; establishments for the care, treatment or rehabilitation of
alcoholic, narcotic or psychiatric patients; residence homes for the aged; and
institutions, homes or rehabilitation centers for persons convicted of crimes
are prohibited within the ACLUD; provided, however that the following
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health care and other facilities are permitted within the district:
{ I) medical, dental or optical clinics for the examination, consultation or
treatment of patients as out patients;
(ii) medical laboratories;
(iii) establishments for the sale or rental of or industrial facilities for the
manufacture of medical or optical supplies and equipment;
(iv) pharmacies, veterinarian clinics and related facilities; and
(v) public safety or emergency medical facilities operated by or in
connection with the Airport.
See. 35-246 Subdistrict ACLUD-1 Regulations
The following regulations apply within the ACLUD-I Subdistrict:
(a) Compatible Land Uses. All land uses allowed within the underlying zoning district
or, within the ET), any land use not otherwise prohibited by this article, is allowed
within the ACLUD-1 Subdistrict, except for new residential uses, which are
expressly prohibited.
(b) Non-conforming Residential Uses. Any residential structure that was established
prior to the effective date of this article may not be reestablished or reconstructed
except in accordance with the provisions of Section 35-249.
( c) Noise Mitigation Standards. Any residential structure that was established prior to
the effective date of this article and that is permitted to be repaired, rebuilt or
remodeled in accordance with the provisions of Section 35-249 shall be repaired,
rebuilt or remodeled in compliance with the noise mitigation standards set forth in
Appendix E, figure 3, of this article and incorporated by reference herein.
See. 35-247 Subdistrict ACLUD-2 Regulations
(a) Compatible Land Uses. All land uses allowed within the underlying zoning district
or, within the ETJ, any land use not otherwise prohibited by this article, are allowed
within the ACLUD-2 Subdistrict.
(b) Performance Standards for Residential Uses. Property owners who propose to
construct a new residential building, or who propose to repair, rebuild or remodel an
existing residential structure within the boundaries of the district, must do one of the
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following:
(1) Noise blitigation Standards. Construct, repair, rebuild or remodel the
residential structure in accordance with the noise mitigation standards in
Appendix E, figure 3, or
(2) Avigation Easement. Execute an avigation easement, approved as to form by
the City Attorney, conveying to the City of Denton an unobstructed right-of-
way for the passage of all aircraft and rights to cause within such easement
such noise, vibration, fumes, dust, fuel particles and all other effects that may
be caused by the operating or aircraft landing at, taking off from, or operating
at, the Denton Municipal Airport.
Sec. 35-248 Administration
(a) Designated Official. The Director for Planning and Development (Director) for the
City of Denton, or his designee, shall be the official responsible for administration
of the Airport Zoning Regulations.
(b) Permit Required--New Uses. Except as specifically provided otherwise in this
article, no person shall make a material change in the use of land, and no person shall
erect, establish, or allow to be erected or otherwise established any structure, and no
person shall plant or allow to be planted any natural object in any zoning district
hereby created unless a permit for such use, structure, or plant has been granted by
the Director applying regulations established in this article. No permit for use
inconsistent with the provisions of this article shall be granted unless a variance has
been approved in accordance with Section 35-350
( c) Permit Required--Change in Existing Use. A person shall apply to the Director for
a permit for any substantial repair of an existing structure, or replacement thereof, or
substantial change in existing use, in order to detetmine compliance with the
requirements of this article. No permit shall be granted that would allow a
nonconforming use, structure or tree to be more or become higher, or become a
greater hazard to air navigation, than it was on the effective date of this ordinance or
any amendments thereto or than it is when the application for a permit is made.
(d) Application and Decision. Each application for a permit shall be submitted to the
Director upon a form published for that purpose. The application shall indicate the
purpose for which the permit is desired, with sufficient particularity to permit the
Director to determine whether the resulting use, structure, or natural object would
conform to the regulations herein prescribed. The Director shall promptly review
and grant or deny applications required by this ordinance to be submitted to the
Director. If the application meets the standards in this article, the application shall
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be granted. Applications for variances shall be made to the Board of Adjustment by
first filing said application for variance with the Director who shall forthwith
transmit said application to the Board of Adjustment for determination.
(e) Exceptions. No permit is required for the following uses:
{ 1) In the area lying within the limits of the horizontal zone and conical zone,
any natural object or structure less than seventy five (75) feet of vertical
height above the ground, except when, because of terrain, land contour, or
topographic features, such object or structure would extend above the height
limits prescribed for such zones.
(ii) in areas lying within the limits of the approach zones, but at a horizontal
distance of not less than four thousand, two hundred (4,200) feet from each
end of the runway, any natural object or structure less than seventy five (75)
feet of vertical height above the ground, except when such object or structure
would extend above the height limit prescribed for such approach zones.
(iii) Nothing contained in any of the foregoing exceptions shall be construed as
permitting or intending to permit any construction, or alteration of any
structure, or growth of any natural object in excess of any of the height limits
established by this ordinance.
(f) Enforcement. It shall be the duty of the Director to administer and enforce the
regulations prescribed herein.
Sec. 35-249 Non-conformities
(a) Regulations Not Retroactive. The regulations prescribed by this article shall not be
construed to require the removal, lowering, or other change or alteration of any
structure or natural object not conforming to the regulations as of the effective date
of this ordinance, or otherwise interfere with the continuance of any nonconforming
use. Nothing herein contained shall require any change in the construction, alteration
or intended use of any structure, for which a complete application was accepted for
filing prior to the effective date of this ordinance, which is consistent with existing
regulations and for which construction is diligently pursued.
(b) Marking and Lighting. Notwithstanding the preceding provision of this Section, the
owner of any nonconforming structure or area is hereby required to permit the
installation, operation, and maintenance hereon of such markers and lights as shall
be deemed necessary by the Director, in order to indicate to the operators of aircraft
in the vicinity of the airport, the presence of such airport hazards. Such markers and
lights shall be installed, operated, and maintained at the expense of the City or the
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(c) Aoonconforming Uses Abandoned or Destroyed and Applicability of Other
Regulations. Whenever the Director determines that a nonconforming structure or
natural object within the area subject to this article has been abandoned or more than
fifty (50) percent tom down, physically deteriorated, or decayed, no permit shall be
granted that would allow such structure or natural object to exceed the applicable
heights limit or otherwise deviate from the zoning regulations of this Chapter. In all
other cases, the continuation, repair, reconstruction or remodeling of non-confomting
uses or structures shall be governed by Section 35-11 of Chapter 35 of the City Code
of Ordinances; provided, however, the Director shall apply the standards in this
article.
See. 35-250 Variances
(a) Application for Variance. Any person desiring to erect or increase the height of any
structure, or permit the growth of any natural object, or use his property, in violation
of the Airport Zoning Regulations prescribed in this article, shall first apply to the
Board of Adjustment for variance from such regulations. The application for
variance shall be accompanied by a determination from the Federal Aviation
Administration as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace.
(b) Criteria. Such variances shall be allowed where it is duly found that:
(1) a literal application or enforcement of the regulations will result in a practical
difficulty or unnecessary hardship; and
(2) the relief granted would not be contrary to the public interest, but do
substantial justice, and be in accordance with the spirit of this ordinance.
( c) Conditions. The Board may impose any reasonable conditions on the variance that
it considers necessary to accomplish the purposes of this article.
(d) Procedures. The Board of Adjustment shall consider the variance application at
a public hearing in accordance with its regular procedures.
See, 35-251 Board of Adjustment
(a) Appointment of Board and Posvers. The City's existing Board of Adjustment, as
constituted under article VII of Chapter 35 of the City of Denton Code of
Ordinances, and as may be reconstituted from time to time, hereby is designated as
the Airport Board of Zoning Adjustment to have and exercise the following powers:
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(1) To hear and decide appeals from any order, requirement, decision, or
determination made by the Director in the administration of this article;
(2) To hear and decide such special exceptions as the Board may be required
` expressly to pass upon under the terms of this article; and
(3) To hear and decide specific variances pursuant to Section 35-250.
(b) Composition, Procedures and Rules. The Airport Board of Adjustment shall be
constituted and shall govern itself in the same manner as provided for the Board of
Adjustment under Article VII of this Chapter, except as expressly provided
otherwise in this article.
(C) Findings. The Board of Adjustment shall make written findings of fact and
conclusions of law stating the facts upon which it relied when making its legal
conclusions in reversing, affirming, or modifying any order, requirement, decision,
or determination which comes before it under the provision of this ordinance.
(d) Decision. The concurring vote of four members of the Board of Adjustment shall
be necessary to reverse any order, requirement, decision, or determination of the
Director or to decide in favor of the applicant on any matter upon which it is required
to pass under this ordinance, or to effect any variation in this ordinance,
(e) Appeals.
(1) A decision of the Director in administering the Airport Zoning Regulations
may be appealed by:
( I) any person who is aggrieved by the decision;
(ii) a taxpayer who is affected by the decision; or
(iii) the governing body of a political subdivision, including the City
Council of Denton, Texas
(2) All appeals hereunder must be taken within a reasonable time as provided by
the rules of the Board of Adjustment, by filing with the Director a notice of
appeals specifying the grounds thereof. The Director shall forthwith transmit
to the Board of Adjustment all the papers constituting the record upon which
the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed
from, unless the Director certifies to the Board of Adjustment, after the notice
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of appeals has been filed with it, that by reason of the facts stated in the
certificate, a stay would, in the opinion of the Director cause imminent peril
to life or property. In such case, proceedings shall not be stayed except by
order of the Board of Adjustment on notice to the Director and on due cause
shown.
(4) The Board of Adjustment shall fix a reasonable time for hearing appeals, give
public notice and due notice to the parties in interest, and decide the same
within a reasonable time. At the hearing any party may appear in person or
by agent or by attorney.
(5) The Board of Adjustment may in conformity with the provisions of this
ordinance reverse or affirm, in whole or in part, or modify the order,
requirement, decision or determination appealed from and may make such
order requirement, decision or determination, as may be appropriate under the
circumstances.
Sec. 35-252 ' ppendices
The following appendices hereby are made a part of this Section and incorporated by
reference in Appendix E:
Fig. I Map of Airport Height Hazard District
Fig. 2 Map of Airport Compatibility Land Use Subdistricts
Fig. 3 Noise Mitigation Standards
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SEC. 35-264 HISTORIC LANDMARK PRESERVATION AND HISTORIC DISTRICTS
Sec. 35-261 Defialtion.
As used in this article, the term "historic landmark" shall mean any building, structure, site,
district, area or land of architectural, historical, archaeological or cultural importance or value
which the city council determines shall be protected, enhanced and preserved in the interest of the
culture, prosperity, education and general welfare of the people.
Sec. 35-261 Declaration of policy.
The city council hereby finds and declares as a matter of public policy that the protection,
enhancement, preservation and use of historic landmarks is a public necessity and is required in
the interest of the culture, prosperity, education and general welfare of the people. The purposes
of this article are to:
A. Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive
and important elements of the city's and state's architectural, archaeological, cultural,
social, economic, ethnic and political history and to develop appropriate settings for such
places;
B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such
historic landmarks by appropriate regulations;
C. Stabilize and improve property values in such locations;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Protect and enhance the city's attractions to tourists and visitors and provide incidental
support and stimulus to business and industry;
F. Strengthen the economy of the city;
G. Promote the use of historic landmarks for the culture, prosperity, education and general
welfare of the people of the city and visitors of the city.
Sec. 35-262 Penalty
(a) It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore,
demolish, raze or maintain any building, structure or land in an historic landmark designation
in violation of the provisions of this article, and the city in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful construction,
restoration, demolition, razing or maintenance to restrain, correct or abate such violation to
prevent any illegal act, business or maintenance in and about such premises.
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(b) Any person violating any provision of this article shall be guilty of a misdemeanor, and shall
be punished as provided in section 1-12 of this Code.
(Ord. No. 80.30, § ](App. B, Art. 28A, § 28A-15), 4-1-80)
Sec. 35-263 Notices.
Any notice required to be given under this article, if not actually delivered, shalt be given by
depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to
whom such notice is to be given at his last known address. When notice is required to be given to
an owner of property, such notice, delivered or mailed by certified or registered mail, may be
addressed to such owner who has rendered his property for city taxes as the ownership appears on
the last approved city tax roll.
(Ord. No. 80-30, § ](App. B, Art. 28A, § 28A-16), 4-1-80)
Sec. 35.264 Designation of landmarks.
(a) The city council may designate buildings, structures, sites, districts, areas and lands in the city
as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H"
shall indicate the zoning designation of those buildings, structures, sites, districts, areas and
lands which the city council designates as historic landmarks. Such designation shall be in
addition to any other use designation established in this chapter. The zoning map shall reflect
the designation of an historic landmark by the letter "H" as a suffix to any other use designation
established under this chapter.
(b) In making the designations as set forth in subsection (a) of this section, the city council shall
consider but shall not be limited to one (1) or more of tho following criteria:
(1) Character, interest or value as p_rt of the development, heritage or cultural characteristics
of the city, state or the United States;
(2) Recognition as a recorded state historic landmark, a national historic landmark or entered
into the National Register of Historic Places;
(3) Embodiment of distinguishing characteristics of an architectural type or specimen;
(4) Identification as the work of an architect or master builder whose individual work has
influenced the development of the city;
(5) Embodiment of elements of architectural design, detail, materials or craftsmanship which
represent a significant architectural innovation;
(6) Relationship to other distinctive buildings, sites or areas which are eligible for
preservation according to a plan based on architectural, historic or cultural motif;
(7) Portrayal of the environment of a group of people in an area of history characterized by
a distinctive architectural style;
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(8) Archaeological value in that it has produced or can be expected to produce data affecting
theories of historic or prehistoric interest;
(9) Enemplification of the cultural, economic, social, ethnic or historical heritage of the city,
state or United States;
(10) Location as the site of a significant historic event;
(11) Identification with a person who significantly contributed to the culture and development
of the city, state or United States;
(12) A building or structure that because of its location has become of value to a neighborhood,
community area or the city;
(13) Value as an aspect of community sentiment or public pride.
(Ord. No. 80-30, § 1(App. B, Art. 28A, 28A-3, 28A-4), 4-1-80)
Sec. 35-265 Hearings
(a) The city planning and zoning commission shall hold public hearings as provided for in
V.T.C.A., Local Government Code § 211.007 to consider any historical landmark designation
ordinance after receiving a recommendation from the historic landmark commission. The
notices provided for in V.T.C.A., Local Government Code § 211.007 shall be sent to all
owners of property which is proposed for "Ii" designation as well as to the adjoining property
owners specified in such article.
(b) Within thirty (3U) days after the hearing, the city planning and zoning commission shall set forth
in writing its recommendation, including the findings of fact that constitute the basis for its
decision, and shall transmit its recommendation concerning the proposed ordinance to the city
council along with the recommendation of the landmark commission. a
(Ord. No. 80.30, § 1(App. B, Art. 28A, § 28A-7), 4-1-80)
Sec. 35.266 Recording of designation.
Upon passage of an historic landmark designation ordinance by the city council, the city secretary
shall file a copy of the ordirance with the city and county tax assessors, together with a notice briefly
stating the fact of the designation, and shall send a copy of such notice to the owner of the affected
property by certified mail.
(Ord. No. 80-30, § 1(App. B, Art. 28A, § 28A-8), 4-1-80)
Sec. 35-267 Amendments.
The regulations, restrictions and boundaries of this division may from time to time be amended,
supplemented, changed, modified or repealed. In case, however, of a written protest against such
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change signed by the owners of twenty (20) percent or more either of the area of the lots or [and
included in' such proposed change or of the lots or land immediately adjoining the change and
extending two hundred (200) feet therefrom, such amendment shall not become effective except by
the favorable vote of three-fourths of all members of the city council.
(Ord. No. 80-30, § ](App. S, Art. 28A, § 28A-14(h)), 4-1-80)
Sec, 35-268 Exterior alterations and changes; ordinary maintenance; appeals,
(a) Certificate of appropriateness. No person shall alter, change, maintain, expand, restore,
remove or demolish any exterior architectural feature of a designated historic landmark unless
application is made in compliance with this section for a certificate of appropriateness and such
a certificate is granted. As used in this section, the term "exterior architectural feature" shall
include but not be limitrd to architectural style and general arrangement of such portion of the
exterior of a structure as is designed to be open to view from a public way. A certificate of
appropriateness shall be obtained prior to the issuance of any building permit, although the
certificate of appropriateness reAew and building permit and other required permit review
processes may be conducted simultaneously. A certificate of appropriateness may also be
required for work not otherwise requiring a building permit. The certificate of appropriateness
shall be required in addition to, and not in lieu of, any required building permit.
(1) Application. Prior to commencement of any work, the owner shall file an application for
a certificate of appropriateness with the city preservation officer. The application shall
contain shall contain such information as is requested from a form prepared by the
preservation officer, the provisions of which have been approved by the city attorney.
(2) Determination of procedure, Upon receipt of an application for a certificate of
appropriateness, the preservation officer shall determine whether the application is to be
reviewed under the ordinary maintenance review procedure, the minor exterior alteration
procedure or the standard procedure for certificate of appropriateness review.
(b) Ordinary repair. Ordinary repair shall be defined as the process of stabilizing deteriorated or
damaged architectural features (including but not limited to roofing, windows, columns and
siding), and will include any work that does not constitute a change in design, material, color
or outward appearance, and include in-kind replacement or repair.
(1) If the applicant is seeking a certificate of appropriateness to authorize only ordinary
maintenance, the officer shall review the application to determine whether the proposed
work complies with the regulations contained in this section and all applicable ordinances
and approve or deny the application within five (5) days of its receipt,
(2) If no action is taken within five (5) working days a certificate of appropriateness is deemed
to be approved. The applicant may appeal the preservation officer's decision to deny by
submitting to the preservation officer a written request for appeal within ten (10) days of
the decision. The written request for appeal starts the standard certificate of
appropriateness review procedure by the historic landmark commission.
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( c) Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or
alteration to awnings, fences, gutters and downspouts; incandescent lighting fixtures;
hardscaping comprising more than twenty-five (25) percent of the front or side yard; restoration
of original architectural features that constitute a change from existing condition; painting of
wood or other appropriate elements that constitutes a change in color from existing color; and
additions and changes not visible from any street to the rear of the main structure or to an
accessory structure,
(1) If the applicant is seeking a certificate of appropriateness to authorize only minor exterior
alterations, as defined in this section, the executive director of planning and development
shall review the application to determine whether the proposed work complies with the
regulations contained in this section and all applicable ordinances and approve or deny the
application within five (5) working days of its receipt.
(2) If no action is taken within five (5) working days of its receipt, a certificate of
appropriateness is deemed to be approved. The applicant may appeal the decision to deny
by submitting to the staff a written request for appeal within a ten (10) day wait after
approval. The written request for appeal starts the standard procedure certificate of
appropriateness review by the historic landmark commission.
(d) Standard procedure for certificate ofoppropriatenesr review.
(1) If the applicant is seeking a certificate of appropriateness to , uthorize work that is not
ordinary or a minor exterior alteration, the officer shall forwatl the application to the
historic landmark commission for review. The commission stall deny, approve, or
approve with conditions any certificate of appropriateness application within thirty-five
(35) days of receipt of a completed application. The historic landmark commission shall
conduct a public hearing on the application to allow applicants and interested persons to
present their views.
(2) All decisions of the commission shall be in writing, stating its approval or the specific
reasons for denying or modifying any applications. A copy of the certificate shall be sent
to the applicant and a copy filed with the planning and development department.
(3) If a certificate of appropriateness has been approved by the historic landmark commission:
a. It shall issue the certificate to applicant; and
b. If a building permit is required for the proposed work, a copy of the certificate of
appropriateness shall be forwarded to the building official.
(4) If a certificate of appropriateness has been denied, the applicant may appeal the decision
in writing to the city council by filing a written notice with the city secretary within ten
(1) days of receiving notice of the denial.
(5) After a final decision is reached denying a certificate of appropriateness, no further
applications may be considered for the subject matter of the denied certificate for one year
from the date of the final decision unless:
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a. The historic landmark commission waives the time limitation because the historic
landmark commission finds that there are changed circumstances regarding the
property sufficient to warrant a new hearing. A simple majority vote by the historic
landmark commission is required to grant the request for waiver of the time
limitation. If the historic landmark commission denies the request, the applicant may
appeal in writing to the city council by filing written notice with the city secretary
within ten (10) days of receiving notice of the denial.
(6) If final action has not been taken by the landmark commission within sixty (60) days of
the preservation officer's receipt of the application:
a. The preservation officer shall issue a certificate of appropriateness to the applicant
for the proposed work; and
b. If all other requirements of the city code are met and a building permit is required
for the proposed work, the building official shall issue a building permit to the
applicant for the proposed work.
(e) Criteria for denial of certificate of appropriateness. A certificate of appropriateness must be
denied if there is a final decision that the proposed work will have an adverse effect on:
(1) The external architectural features of the historic landmark;
(2) The external architectural features of the properties in the block or in the historic district
as a whole; or
(3) The future preservation, maintenance and use of the historic landmark and the historic
district.
(f) Amendments to a certificate of appropriateness. A certificate of appropriateness may be
amended by submitting an application for amendment to the preservation officer. The
application shall then be subject to the standard certificate of appropriateness review procedure.
(g) Emergency procedure. If a landmark is damaged and the building official determines that the
landmark will suffer additional damage without immediate repair, the building official may
allow the property owner to temporarily protect the landmark. In such a case, the property
owner shall apply for a certificate of appropriateness within ten (10) days of the occurrence
which caused the damage. The protection authorized under this subsection must not
permanently alter the architectural features of the landmark.
(Ord. No. 80-30, ¢ 1(App. B, Art. 28A, $ 28A-9), 4-I-80)
Sec. 35-269 Demolition or removal of historic landmarks.
(a) If an application is received for demolition or removal of a designated historic landmark, the
building official shall immediately forward the application to the historic landmark commission.
The landmark commission shall hold a public hearing on the application within thirty (30) days
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after the application is initially filed with the building official. The applicant shall be given ten
(10) days' written notice of the hearing. The landmark commission shall consider the state of
repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or
potential usefulness, including economic usefulness of the building, the purposes behind
preserving the structure as an historic landmark, the character of the neighborhood and all other
factors it finds appropriate. If the landmark commission determines that in the interest of
preserving historical values the structure should not be demolished or removed, it shall notify
the building official that the application has been disapproved, and the building official shall so
advise the applicant within five (5) days therefrom. If the landmark commission determines that
the interest of preserving historical values will not be adversely affected by such demolition or
removal or that the interest of preserving historical values can best be served by the removal
of a structure to another specified location, it shall issue its certificate of demolition or its
certificate of removal, as may be appropriate, to the building official, and the building official
shall so advise the applicant within five (5) days therefrom.
(b) If no action has been taken by the landmark commission within sixty (60) days of original
receipt by the landmark commission of the application, a certificate of demolition or a certificate
of removal shall be deemed issued by the landmark commission and the building official shall
so advise the applicant.
( c) After a decision is reached by the landmark commission denying an application for a certificate
of demolition or a certificate of removal, a resubmittal of an application for such a certificate
will not be accepted for additional hearing within a twelve-month period from the date of final
decision.
(d) Any applicant or tht. owner of any property located within three hundred (300) feet of any
landmark who is aggrieved by a ruling of the landmark commission concerning the landmark
under the provisions of this section may, within sixty (60) days after the ruling of the landmark
commission, appeal to the city council. Following a public hearing to be held within thirty (30)
days of the filing of a notice of such appeal with the city secretary, the city council may, by a
simple majority vote, uphold or overturn any ruling of the landmark commission made pursuant
to this section.
(Ord. No. 80-30, § l(App. H, Art. 28A, § 28A-10), 4-1-80)
Sec. 35-270 Procedures for obtaining permits pending designation as historic landmark.
(a) From and after the date on which the question of whether or not any building, stricture or site
within the city should be designated as an historic landmark is placed upon the agenda for any
special or regular meeting of the historic landmark commission or from and after the date on
which such agenda is posted in accordance with the provision of Vernon's Ann. Civ. St. art.
6252-17, as amended, or from and after the date that the historic landmark commission
approves or recommends a preservation plan or any amendment of any existing preservation
plan which embraces or includes the building, structure or site within the city, whichever date
first occurs, no building permit allowing the construction, reconstruction, alteration, change,
restoration, removal or demolition of any exterior architectural feature of any building or
structure then existing included or embraced in whole or in part within the scope of such agenda
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consideration or such preservation plan or such amendment thereof, as the case may be, and
no permit allowing the demolition or removal of all or any part of any such building or structure
may be issued by any official of the city nor, if no such permit is required, may any person or
entity construct, reconstruct, alter, change, restore, remove or demolish any exterior
architectural feature of any such building or structure until the earliest of the following
conditions have been met:
(1) A final and binding certificate of appropriateness, removal or demolition, as may be
appropriate, has been issued by the landmark commission;
(2) The landmark commission fails to make a recommendation that some part or all of any
such building or structure be designated an historic landmark or be included within an
historic landmark or within a preservation plan or an amendment thereof within sixty (60)
days following the earliest of the dates described in subsection (a) of this section activating
this section, under the circumstances: or
(3) A final and binding decision has been made by the city council that no part of any such
building or structure shall be designated an historic landmark or shall be included within
any designated historic landmark. However, should the city council fail to act within
ninety (90) days from the date an appeal is filed, the requested permit shall be granted.
The ninety-day time limitation may be waived by the appellant to allow the city council
an additional thirty (30) days in which to act.
(b) It shall be the duty of the landmark commission to furnish the building official with a copy or
written notice of each such written order or such agenda or such preservation plan or
amendment thereof, as the case may be, as promptly after the preparation thereof as is
practicable. The failure to so furnish the building official with a copy or written notice thereof,
however, shall not have the effect of validating any building permit, removal permit or
demolition permit issued in ignorance of any such written order or agenda. In any instance in
which any such permit may not be required, it shall be the duty of the landmark commission
to give notice of any such written order or such agenda or such preservation plan or amendment
thereof to the owner of any building or structure included within the scope thereof, which notice
shall be deemed complete when actually given, orally or in writing, to such owner or when
written notice thereof is deposited in the United States mail, postage prepaid, certified or
registered, with return receipt requested, addressed to such owner, whichever event first occurs.
( c) Any permit issued to any person from or after the date of any such written order or such agenda
or the approval or recommendation of such preservation plan or amendment thereof, as the case
may be, shall be null, void and of no force or effect until the earliest of the events described in
subsections (a)(1), (a)(2) and (a)(3) of this section occur.
(d) Notwithstanding any other provision of this article, no building permit, removal permit or
demolition permit shall be issued by the building official for any structure located in a national
register district except as authorized by this subsection. The building official shall notify the
landmark commission immediately of any application requesting a building permit, removal
permit or demolition permit for a structure located in a national register district. No such
permit shall be issued by the building official before the landmark commission has made a
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recommendation or scheduled the structure on its agenda or before the expiration of forty (40)
calendar days, whichever is sooner. If a structure is made an agenda item it shall be scheduled
for a public hearing as soon as adjacent property owners are notified. For purposes of this
subsection, "national register district" is defined as a designated area possessing a significant
concentration, linkage or continuity of sites, building structures or objects which are separated
geographically but are linked by association or history, provided that no area may be considered
a national register district for purposes of this subsection unless it has been designated in the
Federal Register pursuant to the National Preservation Act of 1966, as amended, prior to the
effective date of the ordinance from which this section is derived and until maps depicting such
area are made available for inspection by the public in the office of the building inspection
department. Notwithstanding any provision hereof, this section shall not apply to geographical
areas designated as historic districts under the provisions of this article.
(Ord. No. 80-30, § 1(App. B, Art. 28A, § 28A-11), 4-1-80)
Sec. 35-271 Maintenance; omission of repairs.
(a) The exterior of a designated historic landmark shall be maintained to ensure the structural
soundness of such landmark.
(b) If the landmark commission finds that there are reasonable grounds to believe that a designated
historic landmark is structurally unsound or in imminent danger of becoming structurally
unsound, the historic landmark commission shall notify in writing the owner of record of the
designated historic landmark of such fact.
( c) Upon the giving of ten (10) days' written notice to the owner of record of such designated
historic landmark, the landmark commission shall hold a public hearing to determine if the
designated historic building is structurally unsound or in imminent danger of becoming
structurally unsound. The landmark commission's report may includ° evidence of economic
hardship or willful neglect.
(d) At the conclusion of the hearing, if the landmark commission finds that the designated historic
building is structurally unsound or in danger of becoming structurally unsound and that no valid
reason exists as to why the owner cannot or should not undertake to safeguard the structural
soundness of the building, it shall in writing notify the owner of record of the finding,
(e) The owner of record of a designated historic landmark who has been notified by the landmark
commission that such landmark is structurally unsound or in danger of so becoming shall within
ninety (90) days of receipt of such notice, satisfy the historic landmark commission that
reasonably necessary repairs to safeguard the structural soundness of the landmark have been
effected.
(f) If the landmark commission determines that the building is structurally unsound but there are
valid reasons why the owner cannot or should not undertake to safeguard the structural
soundness of the building, it shall forward to the city council its recommendation as to what
action, if any, should be taken on the structure.
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(g) Any applicant or interested person aggrieved by a ruling of the landmark commission under the
provisions of this section may, within thirty (30) days after the date of such ruling, appeal to
the city council,
(Ord. No, 80-30, § 1(App. B, Art. 28A, § 28A-12), 4-1-80)
Sec, 35-272 Effect of zoning district use classification.
Use classifications as to all property which may be included in an historic landmark designation shall
continue to be governed by this chapter and the procedures herein established.
(Ord. No. 80-30, § 1(App. B, Art. 28A, § 28A-13), 4-1-80)
Sec. 35-280 HISTORIC LANDMARK COLII[M1SSION•
Sec. 35-281 Created; appointment; membership.
(a) There is hereby created a commission to be known as the historic landmark commission of the
city, hereinafter called the "landmark commission," composed of nine (9) members appointed
by the city council. The landmark commission shall include at least one (1) representative from
each of the following organizations or professions:
(1) County historical commission;
(2) The county bar association;
(3) An architect;
(4) A certified public accountant;
(5) An owner of real property in the city.
(b) The other members of the landmark commission shall be appointed from such other individuals
and organizations as the city council may in its discretion wish to consult or consider; provided
that no one (1) business or professional interest shall constitute a majority membership of the
commission,
( c) In addition to the nine (9) members appointed by the city council, the following persons or their
designees shall sit on the landmark commission as ex officio members:
(1) The director of pia,tning of the city;
(2) The building official of the city;
(3) The chairman of the county historical commission.
None of the ex officio members shall have voting power, but shall assist the landmark
commission in its various functions.
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(e) The fact that one (1) or more representatives from the five (5) fields of expertise may not at any
given point be a member of the landmark commission, for whatever reason, shall not affect the
j validity of any decision or act of the commission.
Sec. 35.282 Terms; vacancies.
Members of the historic landmark commission shall be appointed for two-year staggered terms.
Vacancies in an unexpired term shall be filled by the city council for the remainder of the term,
Sec. 35-283 Legal advisor.
The city attorney shall be the legal advisor for the historic landmark commission.
Sec. 35-284 Meetings; quorum; rules.
The historic landmark commission shall meet as often as necessary to dispose of the business of the
commission or upon call by the commission chairman or upon petition of a simple majority of
commission members. Five (5) members present shall constitute a quorum for the transaction of
business, and all issues shall be decided by a majority of those members present and voting, except
that in those instances where only a quorum of five (5) is present at a meeting, all issues shall be
decided by at least four (4) affirmative votes. The commission shall adopt appropriate rules and
regulations for the conduct of its business and the election of its chairman and other officers. The
minutes of each meeting shall be filed in the office of the city secretary.
Sec. 35.285 Duties.
(a) The historic landmark commission shall thoroughly familiarize itself with buildings, structures,
sites, districts, areas and lank within the city which may be eligible for designation as historic
landmarks and shalt prepare an historic landmark preservation plan, hereinafter referred to as
the "preservation plan," which shalt:
(1) Establish criteria to be used in de,: nnining whether certain buildings, structures, sites,
districts, areas, lands and other objeLw should be designated as historic landmarks;
(2) Establish guidelines to be used in determination of whether to grant or deny certificates
of appropriateness and certificates of demolition or removal;
(3) Formulate a program for private and public action which will state the role of various city
agencies in preservation of historic landmarks;
(4) Suggest sources of funds for preservation and restoration activities and acquisitions, to
include federal sources, state sources, private and foundation sources, as well as municipal
sources;
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(5) Recommend to the proper agencies incentives designed to encourage historic preservation.
(b) The peeservation plan shall be presented to the city planning and zoning commission for
consideration and recommendation to the city council for inclusion in the comprehensive plan
of the city.
( c) The landmark commission shall recommend to the city planning and zoning commission
ordinances designating certain buildings, structures, sites, districts, areas and lands in the city
as historic landmarks. The landmark commission shall hold a public hearing on all proposed
ordinances and the owner of any land included in the proposed ordinance shall be given at least
ten (10) days' written notice of the public hearing.
(d) If the landmark commission finds that buildings, structures, sites, districts, lands or areas cannot
be preserved without acquisition, the landmark commission may recommend to the city council
that the fee or a lesser interest of the property in question be acquired by gift, devise, purchase,
eminent domain or otherwise, pursuant to the Charter and state and federal law.
(e) Where there are conditions under which the required preservation of an historic landmark would
cause undue hardship on the owner, use district changes may be recommended by the landmark
commission.
(f) The designation of an historic landmark may be amended or removed using the same procedure
provided in this article for the original designation.
(g) The landmark commission shall provide information and counseling to owners of designated
historic landmarks.
(h) Any person making application to have any building, structure, site, district, area or land
designated as an historic landmark pursuant to the provisions of this article shall pay to the
department of planning and community development a filing fee in an amount determined and
as from time to time amended by ordinance approved by the city council, a copy of which
ordinance is on file with the department.
Sec. 35.190 PROCEDURES FOR ESTARLISHING HISTORIC DISTRICTS
Sec. 25.291 Historic districts
Districts which may be designated historic landmarks pursuant to this Article shall be referred to as
"historic districts" and shall mean geographically definable areas possessing significant concentration,
linkage or continuity of buildings, structures, sites, areas or land which are united by architectural,
historical, archaeological or cultural importance or significance.
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Sec. 35-292 Restrictions.
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All buildings, structures, sites, areas or lands located within a designated historic district, whether
individually designated historic or not, are subject to these regulations. No person shall constntct,
reconstruct,'alter, change, restore, remove or demolish in any way the exterior features of such
building, structure or site, area or land until a permit has been granted by the building official of the
city. Furthermore, no public improvements, including but not limited to street construction, signs,
lighting, sidewalk construction, parking facilities and traffic system changes, except traffic-control
signs and devices, shall be made within or affecting an historic district without approval of the city
council after recommendation has been submitted by the historic landmark commission and
appropriate city departments.
Sec. 35-293 District boundaries.
The boundaries of historic districts shall be drawn so as to include all buildings, structures, sites,
areas or lands which meet one (1) or more of the criteria set out in section 35-294 or which directly
affect or relate to such buildings, structures, sites, areas or lands meeting one (1) or more of the
section 6.3.3 criteria, provided that at least fifty-one (51) percent of the total structures within the
boundaries are of architectural, historic, archaeological or cultural importance or value.
Sec. 35-294 Establishment of historic districts.
(a) Applications for consideration of an historic district shall be based upon architectural, historical,
archaeological or cultural importance or value and accompanied by a report to the landmark
commission containing the following information:
(1) A list of specific buildings, structures, sites, areas or lands of importance or value located
within the proposed district boundaries and a description of the particular importance or
value of each such building, structure, sire, area or land;
(2) A map showing the boundaries of the proposed historic district drawn to a scale of one (I)
inch equals two hundred (200) feet, and the location of each structure of importance or
value identified by a number or letter designation;
(3) Sufficient photographs of each building, structure, site, area or land of importance or
value showing the condition, color, size and architectural detail of each; and
(4) A description of each building, structure, site, area or land of importance or value
showing the condition, color, size and architectural detail of each, and where possible;
a. Date of construction;
b. Builder or architect;
c. Chain of uses and ownership;
d. Architectural style;
e. Materials;
f. Construction technique;
g. Recognition by state or national government as architecturally or historically
significant, if so designated.
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(b) Application for establishment of an historic district on the basis of cultural or archaeological
importance or value shall be accompanied by a report containing the following information:
(1) A map showing the boundaries of the proposed district drawn to a scale of one (1) inch
equals two hundred (200) feet;
(2) A description of the cultural or archaeological importance or value of the building,
structure, site, area or land being proposed for historic designation; and
(3) Any evidence which would show recognition by either the state and/or the national
government.
( c) Applications to increase the boundaries of an historic district may be made if one (1) or more
of the following conditions are met:
(1) When buildings, structures, sites, areas or lands of importance or value related to the
district are requested for inclusion;
(2) When facts previously undisclosed to or unknown by the landmark commission are
revealed which indicate that a particular building or site is possessed of special
architectural, archaeological, cultural or historical importance or value.
(d) Applications to reduce the boundaries of an historic district may be made when one (1) or more
of the following conditions have been met:
(1) When it can be shown that a particular building, structure, site, area or land has no
historic, architectural, archaeological or cultural importance or value to the viability of
the district;
(2) When exclusion of buildings, structures, sites, areas or lands is necessary for major new
development that would support either the architectural, historical, archaeological or
cultural character or economic viability of the district;
(3) When it can be shown that no degradation of the district, either physical, historical,
architectural, archaeological or cultural, will result from exclusion of property from the
district.
(c) Application for inclusion or exclusion may be made when either continued exclusion or
inclusion of property within the district would render it an economic hardship for reasonable
continuation in its present exterior form. In order to establish such economic hardship, the
owner must show that no reasonable alternative use exists which allows the exterior of the
building to remain in its original style. In evaluating economic return, the commission may
request the owner to document the value, rents, returns, tax burden and/or contracts pertaining
to the property.
Sec. 35.295 Criteria for designation of historic districts.
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In evaluating applications for historic districts, the historic landmark commission shall consider
sections 63.3 and 6.5.4 of this article. If the landmark commission recommends the establishment
of an historic district, it shall cause to be prepared an historic district designation ordinance which
shall contain, but not be limited to, the following;
(1) A statement of purpose setting forth the commission's reasons for recommending designation
of the district;
(2) A legal description of the boundaries of the district;
(3) Maps, charts and photographs of the buildings, structures, sites, areas or lands located within
the district;
(4) Findings that support the criteria required in sections 35-264 and 35-294, if applicable, that
establishes the particular importance or value of the district;
(5) Recommendations for the protection and preservation of the district referred to as the district
preservation plan.
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Sec. 35-2% District preservation plan.
The district preservation plan for the protection and preservation of the historic district shall include
but shall not be limited to the following:
(1) Zoning classification of uses. The historic landmark commission may examine the uses existing
within the district in terms of their individual and continued effect upon the character, safety,
economic and physical impact of the district and may recommend such changes in zoning,
height and area regulations.
(2) Building code requirements. The commission may review and recommend any amendments to
the building regulations it feels necessary to preserve the architectural and historic integrity and
authenticity of structures within each such district.
(3) Sign regulations. The commission may review the provisions of the sign regulations that are
permissible within each such district and recommend such alterations in size, location, type and
construction they feel appropriate. In preparing such recommendations, the commission shall
consider existing signs as well as criteria for future signs. If an existing sign is deemed to have
a negative impact on the character of the district, the commission may recommend a method
of removal or improvement of such sign, reviewing such sign changes with owners or tenants
prior to such recommendation.
(4) Parking regulations. The commission may review the parking regulations in existence in the
district and recommend any changes in numbers or location of on-street and off-street parking
requirements it feels necessary to enhance the district, It shall review the adequacy of parking
facilities in or affecting the district and may offer recommendations for such public and/or
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Private parking lots, garages or structures it deems to be in the best overall interest of the
district.
(5) Architectural regulations. As a guide for those seeking a certificate of appropriateness pursuant
to section 6.3.7, the historic landmark commission may, in conformance with the applicable
zoning classification, height and area limitation and in keeping with the significant architectural,
historical, archaeological or cultural elements of each such district, recommend regulations
affecting the exterior of the building, including but not limited to the following:
a. Acceptable materials for new construction such as stucco, masonry, metal and glass
curtain;
b. Appropriate architectural character, scale and detail for new construction;
c. Acceptable appurtenances to new and existing structures such as gables, parapets,
balconies and dormers;
d. Acceptable textures and ornamentation such as paint colors and types, use of wood, stone,
metal, plaster, plastics and other manmade materials, use of shutters, wrought and cast
iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other
details or architectural ornamentation;
e. Acceptable accessories on new or existing structures such as light fixtures, gas lights,
canopies, exterior carpentry, tile or wood, banners, flags and projections; and
f. For those properties which are sites, areas, lands, buildings, structures or vacant lots
which are not of historical, architectural, archaeological or cultural importance or value,
development or redevelopment may be at the owner's discretion as long as there is no
variance from the historic district preservation plan as to materials, scale and detail,
appurtenances, textures, ornamentation and accessories and the owner complies with
existing regulations. In these instances, no review by the landmark commission would be
required, and no certificate of appropriateness would apply.
(6) Transit and traffic operations. The commission may review the transit and traffic operations in
and through the district and provide recommendations to the urban transportation department
and city council on routes, schedules, one-way and two-way street patterns, park and rise,
shuttle services and pedestrian facilities that will enhance and preserve the character of the
district.
(7) Public improvements. The landmark commission may recommend to the city council acceptable
public architectural and engineering designs including street lighting, street furniture, signs,
landscaping, utility facilities such as electric poles and wires, telephone lines; design textures
of sidewalks and streets such as brick, stone and tile; and such other elements as deemed
necessary for enhancement sad preservation of the district.
Sec. 35-297 Administrative requirements of landmark commission.
(a) When the historic landmark commission considers an area as a possible historic district, it shall,
prior to rendering its final recommendation and report, submit its report, including the district
preservation plan or any proposed ordinance amendments, to all city departments, boards and
commissions and other public agencies directly affected.
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(b) In addition, it shall prior to rendering its final recommendation make the plan available to the
landowners in the proposed district. If the area under consideration has established an historic
district committee, the commission may include the comments of sc^h comr. ;ttee in its final
report. If appropriate and desired, the commission should recommend that the city council adopt
the restrictions to ensure that future public investment complies with the term of the district.
(c) Commission-approved medallions for designated structures within the district shall be prepared
and, subject to the approval of the owners, may be affixed to the "H" designated structures.
Sec. 35-300 OAK-HICKORY HISTORIC DISTRICT
Sec. 35-301 purpose,
The purpose of this division is to ensure the protection and preserv-.lion of the Oak-Hickory Historic
District by providing regulations for the use, construction, alteration, repair, improvement and
alteration of buildings, structures, properties and sites within the district.
Sec. 35-302 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Commission means the historic landmark commission authorized and appointed in accordance with
Section 35-280 of this Article.
District means the area encompassed in the Oak-Hickory Historic District as established b and
described in Ordinance Y
No. 87-224, as amended which is on file to the office of the city secretary.
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Sec. 35-303 Applicability; conflicts with other provisions.
(a) Other regulations applicable to the Oak-Hickory Historic District as contained in any other
section of this chapter or Code shall continue to apply to the district, except as specifically
modified in this division.
(b) If any provision of this division conflicts with any other provision of this Code, the provisions
of this division shall govern and control.
( c) Where any provision of this division modifies any provision of any other ordinance applicable
to the district, the words used in this division shall have the meaning as defined in the provisions
of the ordinance modified, unless the definition is otherwise provided for in this division.
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Sec. 35-304 Certificate of appropriateness.
(a) It shall -be unlawful for any person to do or to allow or cause any other person to do any of the
following acts on any property located wiftl the Oak-Hickory Historic District without first
applying for and receiving a certificate of appropriateness from the historic landmark
commission:
(1) Constructing a new building or making an addition to an existing building;
(2) Reconstructing, altering, changing or restoring the exterior facade of any existing
building;
(3) Placing or locating any building;
(4) Performing any act for which a certificate of appropriateness is required by this article.
(5) Constructing or erecting a fence, wall sign or other permanent improvement which is
subject to regulation by this division.
(b) Any construction, alteration or improvement made on any property within the district which
would not require a certificate of appropriateness by reason of it not being visible from any
public street as provided in this article shall be submitted to the commission prior to the
beginning of the work for its determination of whether the improvement would be visible from
a public street.
( c) The requirements and procedures of section 35-268 providing for application and issuance of
certificates of appropriateness shall apply and be followed for any certificate of appropriateness
required in this division; provided, however, that no certificate of appropriateness required by
section 35-268 or this division shall be granted except upon compliance with the additional
C regulations of this division, where applicable.
Sec. 35-305 Architectural requirements.
Architectural requirements in the Oak-Hickory Historic District shall be as follows:
(1) Main building . Main buildings must be compatible in scale with structures existing in the
district.
(2) Accessory buildings. Accessory buildings which are visible from any public street, other than
an alley, as determined by the historic landmark commission, must be compatible with the scale,
shape, roof form, materials, detailing and color of the main building.
(3) Architectural derail. Materials, colors, structural and decoration elements and the manner In
which they are used, applied or joined together must be compatible with nearby and adjacent
structures.
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(4) Awnings. Metal and corrugated plastic awnings are only permitted on an accessory building
or the rear facade of a main building, if not visible from any public street, other than an alley,
as determined by the commission. ::her awnings must be typical of any proposed structure and
the character of the main building.
(5) Building placement. All buildings must be placed so as to not adversely affect the rhythm of
spaces between buildings on the block.
(6) Chimneys. All chimneys must be compatible with the style of the proposed building. Chimneys
must be constructed of brick, stucco, stone or other materials compatible in texture, color and
style with the proposed main building,
(7) Additions. All additions to a building must be compatible with the dominant horizontal or
vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing
building.
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(8) Color.
a. Certain colors prohibited. Fluorescent, metallic colors are not permitted on the exterior
of any structure in the district.
b. Dominant and trim colors. All structures must have a dominant color which shall not be
of vivid saturation. The colors of a structure must be complementary to each other and
the overall character of the main building.
c. Gutters and downspouts. Gutters and downspouts must be of a color that matches or
complements the color scheme of the main building.
d. Roof colors. Roof colors must complement the style and overall color scheme of the
structure.
e. Masonry and brick surfacer. Masonry and brick surfaces not previously painted must not
be painted unless it is determined that:
1. The painting is absolutely necessary to restore or preserve the masonry or brick; or
2, The color and texture of replacement masonry or brick cannot be matched with that {
of the existing masonry or brick surface.
f. Stain. The use and color of stain must be typical of the style and period of the structure.
(9) Facade materials.
a. Generally. The only permitted facade materials are brick, wood siding, wood, stone and
stucco. All facade treatments and materials must be typical of the style and period of the
main building.
b. Wood facades. Existing wood facades must be preserved as wood facades.
(10) Front entrances and porches.
a. Detailing. Railings, moldings, tile work, carvings and other detailing and architectural
decorations must be typical of the style and period of the main building.
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b. Enclosures. A front entrance or porch may not be enclosed with any material, including
iron bars, glass or mesh screening.
c. Facade openings. Porches must not obscure or conceal any facade openings in the main
buildings.
d. Floor coverings. Carpeting is not permitted as a porch floor or step covering.
e. Style. Each proposed main building must have a front porch or entry treatment with a
shape, roof form, materials and colors that are typical of the style of the proposed main
building. A front entry or porch must reflect the dominant horizontal and vertical
characteristics of the proposed main building.
(11) Roofforms.
a. Material and colors. Roof material and colors must complement the style and overall
color scheme of the structure.
b. Patterns. Roof patterns must be typical of the style and period of the main building.
c. Slope and pitch. The degree and direction of roof slope and pitch must be typical of the
style and period of the main building.
d. Skylights and solar panels. The commission may allow skylights and solar panels on a
building if their placement does not have an adverse effect on the architecture of a
building or the district as a whole.
(12) Windows and doors.
a. Front facade openings. The location and size of windows and doors in proposed facades
must be compatible in scale with the typical style and period of the main building.
b. Glass. Reflective, tinted and mirrored glass and plastic are not permitted in any opening.
c. Screens, storm doors and storm windows. Screens, storm doors and storm windows may
be permitted if:
1, Their frames are painted to match or complement the color scheme of the main
building; and
2. They do not obscure significant features of the windows and doors they cover.
d. Security and ornamental bars. Security and ornamental bars are only permitted on the
exterior of an accessory building, the rear facade of the main building and the interior of
the building.
e. Shutters. Shutters must be typical of the style of the proposed main building and appear
to be installed in a manner to perform their intended function.
f. Style. All windows and doors in the front facade of the main building must be
proportionally balanced in a manner typical of the style and period of the building.
g. Site. The size and proportion of window and door openings located on the front and sides
of the main building must be typical of the style and period of the main building.
It. Frames. The frames of the windows must be trimmed in a manner typical of the style and
period of the building.
L Openings. All windows, doors and lights in the front and side facades of the main
building must be typical of the style and period of the building. Sidelights must be
compatible with the door.
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(13) Outdoor lighting. Outdoor light fixtures must be compatible with the style and period of the
main building and not obscure or conflict with significant architectural details of the building.
Sec. 35-306 Fences.
Fences in the Oak-Hickory Historic District shall comply with the following requirements:
(1) Form.
a. Fences must be maintained in a vertical position.
b. The top edge of a fence must be along a line that is either horizontal or substantially
parallel to grade.
(2) Height. The maximum permitted height for a fence shall be as provided by this Code.
(3) Materials. A fence must be constructed of one (1) or more of the following materials. cast
metal, wrought iron, wood, stone, brick, patterned concrete or stucco. Exposed concret:
blocks are not permitted.
(4) Color and style. Fences must be of a color, style and material which is compatible to the main
building.
(5) Masonry columns and bases. The color, texture, pattern and dimensions of masonry and the
color, width, type and elevation of mortar joints in a fence column or base must match the
masonry and mortar joints of the main building as nearly as practicable,
(6) Wooden fences.
a. All wooden structural posts must be at least four (4) inches in diameter.
b. The side of a wooden fence facing a public street must be the finished side.
c. Wooden fences may be painted or stained a color that is complimentary to the main
building.
Sec. 3S-307 Signs,
All signs located within the Oak-Hickory Historic District shall be subject to the provisions of chapter
33 of this Code, except as modified as follows:
(1) Signs permitted. Stake and wall signs are permitted. Ground, roof, projecting, portable and
off-premises signs are prohibited, except for wind device signs used as ground or projecting
signs as specifically permitted in this section.
(2) Wall and stake sign regulations.
a. Number of wall signs. Only one (1) wall sign per premises is permitted.
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b. Size. No wall sign shall have a maximum dimension which is greater than two (2) feet,
measured along the greater distance of any one (1) line which defines the effective area
of the sign. No stake sign shall have an effective area greater than ten (10) square feet.
(3) Wind device signs. No wind device signs are permitted in the district, except that one
(1) national, one (1) state and one (1) registered corporate logo flag may be displayed on any
one (1) premises as a ground sign, wall sign or projecting sign. If a flag is displayed as a
ground sign or projecting sign, the setback requirements applicable to ground signs in
residential districts shall apply. A corporate logo flag may only be displayed on a premises
owned or controlled by the corporation. No flag shall have a dimension, as t% viy one (1) side,
which is greater than six (6) feet.
(4) Address or name signs. The sign regulations of this section shall not apply to the signs or
numbers which are used solely to identify the street address of the premises or to identify by
name the occupants of a residential building.
(5) Approval procedure for wall signs. No new wall signs shall be constructed or located and no
existing wall sign shall be altered, until a certificate of appropriateness is issued by the historic
landmark commission in accordance with the procedures applicable to alterations or changes
of the exterior architectural features of buildings, as provided for in this article.
Sec. 35-308 Parking.
The provisions of section Sec. 35-332 shall apply to the Oak-Hickory Historic District, except as
modified as follows:
(1) Location. All off-street parking spaces for any building used as a multifamily dwelling or for
a nonresidential use shall be located between the building fronting the public street and the rear
property line.
(2) Number of parking spaces. Each specified use shall provide the following number of parking
spaces:
a. Multifamily buildings shall have a minimum of two (2) parking spaces for each dwelling
unit.
b. Nonresidential uses shall provide one and one-half (1'h) the number of parking spaces
required for that use by section Sec. 35-332
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Sec. 35-310 PLANNED DEVELOPMENT DISTRICT "PD"
Sec. 35-311 Purpose
The purpose of this section is to provide for the creation of Planned Development zoning districts.
These districts are intended to provide for the development of land as an integral unit for single
or mixed use in accordance with a plan that may vary from the established regulations of other
zoning districts. They are intended to fulfill the intent of the Denton Development Plan of
encouraging a diversity of land uses. They are also meant to encourage flexible and creative
planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands
to meet the current needs of the community, and to provide for a development that is superior to
what could be accomplished in other zoning districts by meeting one or more of the following
purposes.
A. Provides for a superior design of lots or buildings;
B. Provides for increased recreation and/or open space opportunities for private or public use;
C. Provides for amenities or features that would be of special benefit to the property users or
community;
D. Protects or preserves natural amenities and environmental assets such as trees, creeks,
ponds, flood plains, slopes or hills and viewscapes;
E. Protects or preserves existing historical buildings, structures, features or places;
F. Provides an appropriate balance between the intensity of development and the ability to
provide adequate supporting public facilities and services.
The Planned Development District must be consistent with and implement the policies of the
Denton Development Plan.
Sec. 35-312 Application To Existing Undeveloped Districts
A. The provisions requiring the submission and approval of a development plan prior to
approval of a detailed plan shall apply to any part of the land in any PD district for which
development has not begun and for which no development plan has been approved in
substantial conformity with the requirements of this article. The City Council may deny or
condition approval of a development plan submitted under this section if it determines that
the plan is inconsistent with the Denton Development Plan or with the purposes of this
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article, or if the plan does not meet the criteria for approval of a development plan under
section 35-314.
B. The provisions requiring the submission and approval of a detailed plan prior to development
of the district or part thereof shall apply to any part of the land in any district for which
development has not begun and for which no detailed plan has been approved in substantial
conformity with the requirements of this article.
Sec. 35-313 Notice, Hearing, and Written Protests
The provisions of Chapter 211 of the Local Government Code relating to notices, public hearings,
and written protests for changes in zoning districts or regulations shall apply to requests for
approval or amendment of general concept plans, development plans and detailed plans, except
detailed plans over which the Commission has final approval authority. The Commission may
consider, without notice or a public hearing, detailed plans for which Council has approved a
development plan without notice or a public hearing, and no rights or written protest shall apply
to consideration of such detailed plans.
Sec. 35-314 Approval of Districts and Plans
A. ; iyrict Plans. There are three types of plans that may be used in the planned development
process. The general purpose and use of each plan is described as follows:
1. G@r&xal Concept Plan. This plan is intended to be used as the first step in the planned
development process for larger or long term developments. It establishes the most
general guidelines for the District by identifying the land use types, approximate
thoroughfare locations and project boundaries and illustrates the integration of these
elements into a master plan for the whole District.
2. Develop ept pla . This plan is intended to be used most often as the second step of the
PD process. The development plan contains all the information of a general concept
plan, but includes more detailed information as to the specific land uses and their
boundaries. The purposes of a development plan are to assure that the development
project proceeds in an orderly fashion consistent with the approved concept plan and to
assure that the standards applicable with in the district are met for each phase of the
project.
3. Detailed Plan. The detailed plan is the final step of the planned development process.
It contains the details of development for the property. For smaller tracts or where final
development plans are otherwise known prior to rezoning, the detailed plan may be
submitted in conjunction with the general concept or development plan and may be
processed simultaneous with such plan.
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B. ESTABLISHMENT OF DIS_T$ICT.
1 The City Council may, after receiving the report of the Commission, approve by
ordinance the creation of a planned development district based upon a general concept
or development plan prepared in accordance with the provisions of this Section and
processed in accordance with the procedures for establishing zoning districts. The
approved plan shall be made part of the ordinance establishing the district. Any
amendments to a general concept plan or development plan must be in harmony with the
plan for the entire district and must be approved by the City Council by ordinance. An
amendment to a council approved plan, whether it be a General Concept or
Development Plan will be considered an amendment to the PD zoning district and
processed in accordance with zoning amendment procedures.
The Council shall have full legislative discretion in its consideration of any type of plan.
2. In determining whether a PD district should be established and the general concept plan or
development plan should be approved, the commission in making its recommendations and
the council in making its decision shall consider the following criteria.
(a) The plan of the development is consistent the future land use policies and the map in the
Denton Development Plan.
(b) Proposed uses and project design are compatible with existing and planned adjoining
uses.
(c ) Adequate public facilities, including open space, will be provided in a timely manner
to support each phase of the development.
(d) Proposed uses and development standards are consistent with the purposes and standards
of these district regulations.
(e) The proposed timing of the development is consistent with the overall growth and
development of the City.
Where establishment of the district is to be based on a development plan, in addition to the
above considerations for the establishment of the district, the development plan must meet
the criteria specified in subsection C.
3. The ordinance establishing a PD district shall set forth the following provisions. The
general concept plan, or the development plan, as th.; case may be, shall be incorporated as
an exhibit to the ordinance.
(a) A statement as to the purpose and intent of the district.
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(b) General land uses and acreage of each use authorized in the district, by use category,
the location of such uses, the residential densities and nonresidential intensities
associated with phases of the project, in conformance with the approved concept plan;
(c ) General conditions and standards applicable to development within the district; and
(d) Required dedications or public improvements, if any.
C. CONSIDERATION OF DEVELOPMENT PLAN.
1. If a District is establishment based upon a general concept plan, the Council may thereafter
approve by ordinance a development plan for all or part of the District, a copy of which shall
also be attached to the ordinance creating the District. Approval of the development plan
shall be in accordance with procedures for amending the zoning ordinance and shall be
considered as an amendment to the PD district that supplies additional standards and
conditions which must be met prior to approval of a detailed development plan and prior to
approval of any building permit or certificate of occupancy within that part of the district
subject to the development plan.
2. The Planning and Zoning Commission in making its recommendations to the City Council
and the City Council in acting upon the development plan, shall determine whether the plan
meets the following general standards for the phase of the project to which the development
plan is applicable:
(a) The development plan generally is consistent with the approved general concept plan
and the standards and conditions set forth in the adopting ordinance.
(b) The plan provides for a compatible arrangement of buildings and land uses and would
not adversely affect adjoining neighborhoods or properties outside the plan.
(c ) The plan protects and preserves important topographical features, environmental and
natural resources such as slopes, viewscapes, trees, flood plains and wetlands;
(d) The plan protects important manmade resources such as historic districts, places and
landmarks;
(e) The plan provides for adequate utilities, roads, drainage, and other infrastructure and
provides for their orderly extension elsewhere;
(f) The plan provides adequate nuisance prevention measures to prevent or control
offensive odor, fumes, dust, noise, vibration, and glare from external lighting.
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3. The ordinance approving the development plan shall set forth the following provisions. The
development plan shall be incorporated as an exhibit to the ordinance.
(a) A detailed list of permitted and conditional land uses, consistent with information
concerning acreage, numbers of residential units and floor-to-area ratios for non-
residential uses, as specified in the general concept plan.
(b) Boundaries of different land uses and boundary dimensions,
(c ) Dimensional and area standards for land uses authorized with in the district for each
tract, including minimum lot area, minimum lot width and depth; minimum front, rear
and side yard areas, maximum building height, maximum building coverage, maximum
floor-to-area ratio for nonresidential uses; and minimum parking standards for each
land use.
D. CONSIDERATION OF DETAILED PLAN
1. The Commission is delegated the authority to approve or deny a detailed plan or the
zmendment of a detailed plan for property for which a development plan has been approved
v the City Council. In the event the developer elects to process the detailed plan in
unction with approval of a development plan, however, the Commission shall forward
,-ecommendation on the detailed plan, together with its recommendation of the
de. -lopment plan, to the City Council for final action. In either case, the approved detailed
plan shall be attached to the ordinance establishing the district and to the ordinance
approving the development plan for the area covered by the detailed plan.
2. The Commission or Council in approving or denying a detailed plan shall consider the JI
following criteria :
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(a) The plan complies with the development plan approved for that portion of the PD
district.
(b) The plan provides for the adequate and safe circulation of motoring, Ndestrian, or
bicycling public traffic;
(c ) The plan is in substantial compliance with the landscape, sign, subdivision and other
regulations of the City, or, if not, the plan offers corresponding benefits that merit
deviation from those regulations;
(d) The plan provides for fire safety and adequate measures for fire control and dealing with
fire or explosive hazard.
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(e) The plan adequately arranges buildings so as to reduce visibility of service areas, such
as dumpsters, loading docks, metering and utility junction areas, roof mounted
mechanical units, from streets, public plans, and adjacent properties.
(f) The plan provides adequate off-street parking and loading facilities for the uses
specified;
(g) The plan provides for appropriate ingress and egress points for access, parking and
loading, including existing and proposed ingress/egress/access easements and internal
circulation, and protection of the public health by surfacing on all parking areas to
control dust;
(h) The plan provides for adequate landscaping and screening provisions ac.:ording to the
Denton Development Plan policy and the 1lndscape and tree preservation ordinance;
(1) The plan provides for a pleasing streetscape in terms of signage, landscaping, and
buildings; and
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E. DEVIATION FROM GF~_ IN AL SIGN REGULATIONS
1. Deviations from the general sign standards may be considered if the continuous street
frontage in the planned development district is less than that required for consideration
of a special sign district,
2. Deviations from the ground sign standards may be approved as long as the deviations
equally meet the objectives of the sign regulations and such deviations are necessitated
by the design of the development within the planned developmert district, and if such
deviations are found to meet the same criteria as that for creation of a special sign
district.
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3. Approval of deviations from general sign standards shall be supported by written
findings approved by the city council or the planning and zoning commission.
F. CONDITIONS MPOSM. The Commission or the City Council may recommend or impose
conditions concerning the location, use, arrangement, construction or development of the
District, including conditions related to the timing and phasing of development, as are
necessary to ensure the appropriate use of the District and to protect surrounding properties.
G. EXPIRATION OF DETAILED PLAN. Any detailed plan approved after February 15,
1991, shall be valid :nr twenty-four (24) months from the date of its approval. If no
construction begins pursuant to a building permit issued for the property within the
24 months, the detailed plan shall automatically expire and no longer be valid. The
Commission may, prior to expiration of the detailed plan, for good cause shown and upon
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written application submitted prior to expiration of detailed plan, extend for up to 360 days
the time for which the detailed plan is valid. The request for extension shall be considered
by the Commission in the same manner as for approval of detailed plan. If the detailed plan
expires and no extension is granted, the Commission or the City Council may institute
proceedings in order to determine what actions should be taken with respect to the PD
district.
H. APPEALS FROM COMMISSION A T~ IAN.
If the Commission disapproves a detailed plan over which it has final approval authority, or
imposes conditions, or refuses to grant an extension of time for which a detailed plan is valid,
the applicant may appeal the decision to the City Council by filing a written request with the
Department within ten (10) days of the decision.
Sec. 35-315 Minor amendments to a detailed plan
A. Upon request of the applicant, the director of planning and development, or his designee,
may authorize minor amendments, correct errors, or correct omissions to a detailed plan so
long as such minor amendments do not change the land use or substantially change the
character, development standards or design of the development as shown on the approved
detailed plan. For the purposes of this provision, a substantial change shall mean a change
which will increase the number of proposed dwelling units; increase the floor-to-area ratio,
size of structure, height, lot coverage or number of stories or buildings; reduce lot, yard, or
space size, decrease the amount of required off-street parking space; change types of
buildings, setbacks, street access points, or lots; or increase density, change traffic patterns
or alter the basic relationship of the proposed development to adjacent properties, or lessens
any standard or condition imposed on development within the district by the development
plan.
B. Any changes to the standards or conditions imposed by the development and/or general
concept plan require enactment of an amendatory ordinance pursuant to the procedure for
changing zoning districts.
Sec. 35-316 Applications and Submissions
A. ,Application Fee and Plan Required. Any person requesting rezoning to a planned
development district, or the amendment of a District plan, shall submit an application, the
fee and the required plan and information to the Department. All plans, studies, maps, and
other information which the petitioner wishes to be considered by the Commission or Council
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should be submitted to the Department at least two weeks prior to the public hearing on the
request. Should the petitioner submit additional information after that time, the Commission
or Council may defer consideration to allow the Department and the public time to review
the additional information.
B. Form and Mariner, To properly process applications and administer this article, the
Department is authorized to specify the form and manner in which all required information
and plans are to be submitted. Requests for amendments to part of a District must take into
account the approved plan for the whole District. The applicant may be required to show the
remainder of a District not included in the petition in order to determine whether the
amendment would be in harmony with the plan for the entire District.
C. Required information to be submitted with the plan on two separate documents as follows:
1) Information required on the plan which if approved would become all or part of the
district ordinance.
2) Evaluation information required to properly evaluate the proposed district plan or
amendment to a district plan. This shall be called evaluation information provided on
separate document(s) or map(s) from plan information.
D. Additional Information Required or Waived. The Department, Commission, or Council may
require the submission of additional plans, statements, or other information not specified in
this article if necessary to properly evaluate the petition. The Commission or Council may
also waive any required information it finds it unnecessary for proper consideration of the
petition.
E. General Concept Plan Information. A general concept plan shall contain the following
information:
i. Plan information:
a. Survey. An accurate survey of the boundaries of the District with a metes and bounds
description shown on the boundaries of the plan map and a separate written metes and
bounds description or name of platted lot(s) recorded with the County.
b. Land Uses. Proposed general land uses and the acreage for each use, including open
space. For residential development, the total number of units and the number of units
per acre. For non-residential development, the maximum floor-to-area ratios for each
general land use.
c. General Thoroughfar 1 ou . Proposed streets, as a minimum to arterial street level.
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2. Evaluation information: ,
a. Relati~ n to the Master Plan. A general statement setting forth how the proposed District
will relate to the Denton Development Plan and the degree to which it is or is not
consistent with that plan.
b. Acreage. The total acreage within the proposed District.
C. Exi tineConditions. On a scaled reap as specified by the Department, the following
shall be shown for the area within and adjacent to the proposed District-
(1) Topographic contours of ten (10) feet or less.
(2) Existing streets.
(3) Existing 100 year floodplain, floodway and major drainage ways.
(4) City limits and E.T.J. boundaries.
(5) Zoning districts.
(6) Land use.
(7) Utilities, including water, wastewater, and electric lines.
F. Development Pl n I formation. The development plan application wall contain all the
information required for a general concept plan, plus the following plan information:
a. Permi ted ses. A table listing the specific permitted uses proposed for the property
to the detail specified by the Department.
b. Boundaries. A map showing the boundaries of the different land uses and the boundary
dimensions.
c. Development standards: Development standard for each proposed land use, as follows:
1. Minimum lot area.
2. Minimum lot width and depth
3. Minimum front, side and rear yard areas.
4. Maximum height of buildings
5. Maximum building coverage
6. Minimum parking standards for each general land use.
G. Detailed Plan Information. The detailed plan shall contain the following information:
1. Plan information provided on a site plan:
a. Survev . The acreage in the plan and metes and hounds description shown on the
plan, as certified by a registered surveyor.
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b. Land Use Permitted uses, specified in detail as determined by the Department,
the acreage for each use, and their location.
c. Traffic and T an%mrtation. The location and size of all streets, alleys, parking lots
and parking spaces, loading areas or other areas to be used for vehicular traffic;
the proposed access and connection to existing or proposed streets adjacent to the
District.
d. Buoldings. The location on the site plan, maximum height, and minimum setbacks
for all buildings, and if nonresidential, the maximum total floor area. Building
footprints or the outline of buildings are not required to be shown on a proposed
detailed plan for single family residential development, but may be required by the
Department, the Commission, or Council.
e. Residential Development. The number, location, and dimensions of the lots, the
minimum setbacks, the number of dwelling units, and number of units per acre
(density), maximum lot coverage.
f. Water and Drainaee. The location of all creeks, ponds, lakes, flood plains or other
water retention or major drainage facilities and improvements that will remain.
g. Utilities. The location and route of all major sewer, water, or electrical lines and
facilities necessary to serve the District.
h. Trees and Landccaoine. The location of ail protected trees and a landscape plan
as required by the City's landscape ordinance.
1. Onen,Space. The approximate location and size of greenbelt, open, common, or
recreation areas, the proposed use of such areas, and whether they are to be used
for public or private use.
j. Screening. The location, type, and size of all fences, berms, or screening features
proposed between different land uses or adjacent properties.
k. Sigm. Location, type, and size of all signs regulated by the City's sign ordinance.
1. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or
bicycle use.
2. Evaluation information:
Off-Site Information. Adjacent or surrounding land uses, zoning, streets, drainage
facilities and other existing or proposed off-site improvements, as specified by the
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Department, sufficient to demonstrate the relationship and compatibility of the
District to the surrounding properties, uses, and facilities.
Sec. 35-317 Development of the PD District
A. ConTliam ith proved Plan. No development shall begin and no building permit shall
be issued for any land within a District until a detailed plan has been approved for that land.
All Districts shall be developed, used and maintained in compliance with the approved
detailed plan for the District. All other plans, maps, drawings, pictures, written statements
or other representations on which the City Council or Commission relies in approving a
detailed plan shall be considered part of the approved detailed plan and shall be binding upon
the property.
B. pe itted Um. The permitted uses for a District shall be specified in the approved detailed
plan, as well as in the general concept plan and the development plan. No person shall have
the right to make use of any property within a District for any permitted use except upon
approval of the detailed plan showing the location and layout of the permitted use.
C. Regulations Applied: Omissions. All conditions, regulations, and development standards for
the district shall be contained in the ordinance or approved detailed plan for the district. If
any regulation or restriction applied in other zoning districts by Appendix B-Zoning is
omitted in the development plan ordinance or approved detailed plan, the regulation
applicable in the most comparable zoning district, as determined by the Department, shall
apply to the property. Any person aggrieved by the Department's decision may appeal the
determination to the City Council after recommendation by the Commission.
D. Variances-, The Board of Adjustment may not grant variances or special exceptions
to a detailed plan
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ARTICLE VI SUPPLEMENTAL REGULATIONS
The following supplemental regulations apply to particular uses as authorized in the district
regulations contained in articles M through V of this chapter. The standards set forth in this part
apply to the designated uses whether such uses are authorized as permitted or accessory uses or
with a specific use permit.
Sec. 35-321 Accessory Uses, Buildings and Structures
A. In the O, NS, OR, C, CB, LI, HI and HEI zoning districts, an accessory use not otherwise
permitted shall be allowed if the accessory use:
1. Is clearly related to the principal use of the lot;
2. Does not occupy, when added together with all other accessory uses located on the same
lot or tract, an area in excess of twenty (20) percent of the total gross floor area of all
permitted uses located on the lot or tract which are not accessory use; and
B. Accessory buildings and structures in the residential districts
1. Accessory buildings in the residential districts may be attached or detached, and used
for a purpose customarily incidental to the main structure such as a private garage for
automobile storage, toolhouse, lath or greenhouse as a hobby (no business), home
workshop, children's playhouse, storage house or garden shelter not involving the
conduct of business. (Refer definition of home occupation #93 )
2. In single family districts accessory buildings and structures including swimming pools
shall be located in the rear yard of the main building on a lot, providing that a minimum
setback of three (3) feet is maintained to any lot line. Accessory buildings in multi
family districts shall maintain three (3) feet setback from the side and rear lot lines and
may not be in the required front yard.
3. Air conditioning units and similar appliances and structures including a swimming pool
serving one and two family dwellings may be located on either side of the main building
on a lot, providing that such structures or appliances are no closer than three (3) feet to
a side lot line.
C. Accessory buildings and structures in the non-residential districts:
1. Accessory buildings and s(mictures may be located on either side of the main building
on a lot except that a minimum side yard setback of ten (10) feet shall be maintained
when a side lot line abuts a residential use or residential zoning district.
2. Accessory buildings and structures may be located in the front of a main building on a
lot providing that the nunirram front yard setback as required for the zoning district is
maintained.
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3. Accessory buildings and structures may be located in the rear of the main building on
a lot, except that a minimum rear yard setback of ten (10) feet shall be maintained when
the rear lot line abuts a residential use or residential zoning district.
Sec. 35-322 Antennas, satellite dishes and support structures
A. Radio, television and microwave communication towers, commercial
' I. No commercial radio, television or microwave reflector antenna support structure shall be
closer to any residential use or district, than a distance equal to the sum of the required yard
specified for the zoning district in which such building or structure is located, plus twenty-
five (25) feet, plus twice the height of the portion of the structure above thirty (30) feet.
Such distance shall be measured as the shortest possible distance in a straight line from the
structure to the closest point of such residential use or district.
2. The location of commercial radio, television, or microwave reflectors, antennas, or support
structures and associated foundations and any support wires shall be prohibited within any
required front, side, or rear yard as required by that zoning district.
3. All commercial signs, lights, flags and attachments other than those required for
corn-runications operations, structural stability, or as required for flight visibility by the
Federal Aviation Administration (FAA) and Federal Communications Commission (FCC)
shall be prohibited.
4. Fence or Anti-Climb Device Required
(a) Every part or portion of a support structure, including anchor points for guy wires
where applicable, shall be enclosed by a wall or fence of not less than six (6) feet +
in height. The wall or fence shall be constructed in such a manner so that there are
no gaps or openings, other than gates or doors, larger than four (4) inches
measured in any direction. If a picket fence is used, such measurement sh', 11 be
made in a horizontal direction. A dwelling or other structure of at least six (6) feet
in height may be used as part of the fence or enclosure. Any 6upport structure,
including anchor points for guy wires where applicable, located in an area already
enclosed by a wall or fence which meets the criteria of this paragra,;,: shall not be
required to provide an additional enclosure.
(b) An anti-climb device, affixed to the support strucf.ure, may be utilized in lieu of the
fence requirement in subsection 4 (a) above; pro ilded, however, that such device
shall have an effective height of not less than eight (8) feet, shall cover all sides of
the support structure, and shall be constructed of P. solid, rigid material which
prevents climbing upon the support structure.
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All publicly-owned antennas or communications structures shall comply with the
requirements in this Subsection.
B. Antenna and support structure for amateur radio communications
1. No minimum separation between a supporting structure and a building on the same lot
shall be required. However, the supporting structure shall not be located with in the
required front yard of the lot and no closer than 3 feet to a property line.
2. The maximum cumulative height of the support structure and antennas shall be seventy (70)
feet above the grade at the base of the support structure. The cumulative height of the
support structure and antennas for an amateur radio communications antenna may exceed
seventy (70) feet in height only upon approval of a variance by the Board of Adjustment.
3. The cumulative height of the support structure and antennas shall comply with all applicable
regulations of the Federal Aviation Administration (FAA) and Federal Communication
Commission(FCC)
4. A guy wire shall not extend in the front yard of any building. The anchor point of any guy
wire shall not be located closer than three (3) feet to any side or rear property line, unless
such anchor point is located in an area which is enclosed by an opaque wall or fence not less
than six (6) feet in height.
5. Anchor points shall not exceed eight (8) feet in height above the grade at the base of the
anchor point, unless such anchor points are attached to the main building. The height of any
anchor points not attached to the main building shall not exceed the height of the of the fence
or wail enclosure which may be provided pursuant to this section.
6. The support structure and antennas for amateur radio communications shall be
installed in accordance with the manufacturer's specifications.
7. No element, part or portion of any antenna or supporting structure shall extend into the
required front yard of any building.
8. No element, part or portion of any antenna or supporting structure shall be closer than five
(5) feet to an easement, alley, street or other public way; nor shall any element, part or
portion of any antenna or supporting structure or self supporting ground mounted antenna
extend closer than three (3) feet to any property line which does not abut an easement, alley,
street or other public way. Anchor points for the guy wires shall be situated in accordance
with subsection 35.322 B (5)
C. Satellite dish
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L A satellite reception dish shall not be located in the required front yard and shall not be
erected within three feet of any property line.
2. Ground mounted satellite reception dishes, located on any lot or tract shall be visually
screened on all sides by a solid opaque fence or wall not less than six (6) feet in height
measured at the highest finished grade.
3. When a ground mounted satellite reception dish is located in a non-residential zoning district
adjacent to any residential use or district, the maximum overall height of the dish at any
position measured at ground level, shall be in accordance with Subsection 35-322 A.
4. A satellite reception dish which meet the following requirements shall be exempted from
these regulations
(a) A satellite reception dish which is two (2) meters or less and located in a
nonresidential zoning district or PD zoning district which is not residential in
character or function and not adjacent to an existing residential use or district other
than agriculture;
(b) A satellite reception dish which is one (1) meter or less and located in a residential
zoning district or a PD zoning district which is residential in character or function.
D. Permit required
1. To ensure compliance with the provisions of Section 35-322 no antennas, satellite dishes or
support structures (other than those which are exempted under Section 35-322, C, 4) shall
hereafter be erected, constructed or placed on any lot until a building permit has been
obtained from the Building Official. Erection, construction or placement of an antenna,
satellite dish or support structure without receipt of a building permit shall constitute a
violation of this ordinance.
2. An application for a building permit shall be accompanied by plans and specifications
demonstrating compliance with the provisions of this ordinance. Such plans or specifications
shall clearly delineate and identify the dimensions, size, type and location of the support
structure and, if applicable, guy wires; the location, type and depth of guy anchors, if
applicable; the type, size, number and weight of the maximum antennas or apparatus to be
attached to, or supported by, the support structure; or any other information deemed
necessary by the Building Official to ensure compliance with this ordinance, and provide for
the health, safety and welfare of the surrounding property or its residents.
3. A building permit shall not be required for the substitution, modification, addition or
alteration of any antenna, provided that such substitution, modification, addition or alteration
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r is within the specifications described in the original building permit, and meets all other
provisions of this Article.
E. Attachments prohibited
No item, appurtenance or appendage shall be attached, secured or otherwise connected to a
support structure other than an antenna and such accessory appurtenances specifically
necessary for the use and operation thereof. Guy wires, anti-climbing devices, and other
support or safety devices may be attached to the support structure.
F. Fees
An application and plan review fee shall be charged as approved by the City Council from
time to time. However, the total fees charged for a permit to install an antenna for amateur
radio communication under subsection 35-322, B shall not exceed five (5) dollars.
Sec. 35-323 Mixing and sale of concrete
A. Maximum land area covered by facilities for mixing and sale of concrete, excluding
storage and parking of trailers used for hauling purposes, shalt be limited to six-hundred
(600) square fwt;
B. Maximum capacity of trailer used for transport of concrete to project site shall not
exceed two (2) yards or eight-thousand four-hundred (8400) pounds;
C. Maximum height of silo and all related equipment shall not exceed twenty (20) feet;
D. Paved or concrete parking for one (1) space for each six-hundred (600) square feet of
land area with a minimum of five (5) parking spaces for customers shall be provided;
E. A solid fence at least ten (10) feet in height shall be erected at the facility for screening
purposes;
F. The facility must comply with all applicable pollution and noise control standards.
Sec. 35-324 Mobile Home Parks
The following additional regulations apply to ci eation and operation of mobile home parks. Any
development, redevelopment, alteration or expmuion of a mobile home park within the city limits
of Denton shall be done in compliance wi'h the following requirements. (Refer Sec, 35-324.38
for Travel Trailer or Motor Home Parks)
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Sec. 35-324.1 Additional Regulat ons
A. Hitches, axles and wheels, where provided, shall be removed.
B. Foundation:
1) The home shall be attached to a foundation approved by the Building Official.
2) The foundation must be either a slab or contain a solid perimeter wall in all installations
in which the finished floor is more than six (6) inches above finished grade at any
point.
3) The perimeter wall shall be masonry or conform to other foundations comparable to
conventional single-family dwellings in the area.
C. Exterior Treatment:
3) The exterior covering material shall extend within three (3) inches of the ground
except that, when a solid concrete or masonry perimeter foundation is used, the
exterior covering material need not extend below the top of the foundation.
Sec. 35-324.2 Plot Plan Required
The plot plan shall be filed with the Building Official and shall show the following:
A. The area and dimensions of the proposed park with identification of location and
boundaries;
B. The number, location and size of all mobile home stands;
C. The location and dimension of driveways, roadways and walkways;
D. The location and size of water and sewer lines and riser pipes;
E. The location and details of lighting, electrical and gas systems and semi-public telephone
locations;
F. The location of all water and sewer main lines and electrical lines and the dedication to
the City of Denton of all necessary easements;
G. The locations of all existing and proposed buildings and structures;
H. Existing and proposed topography of the proposed park;
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I. The locations of fire mains, including the size, the hydrants, and fire extinguishing
equipment;
J. Such other reasonable information as may be required by city officials.
Sec. 35-324.3 Required Screening
There shall be constructed and maintained a permanent screening device not less than six (6) feet
in height on all sides of the park except where natural barriers exist to form all or part of such a
screen. Any permanent screening device shall comply with the requirements of Sections 18-
196, 18-197 and 18-198 of the code of ordinances with regard to the intersection visibility triangle.
Sec. 35-324.4 Soil and Ground Cover
Exposed ground surfaces in all parts of every park shall be paved or protected with a vegetative
growth that is capable of preventing soil erosion and dust.
Sec. 35-324.5 Drainage
The ground surface in all parts of a park shall be graded and equipped to drain all surface water
in a safe, efficient manner. The adequacy of drainage facilities shall be verified by a licensed
professional engineer. There shall be an analysis and design of the one hundred (100) year flood
improvements to meet FEMA requirements.
Sec. 35-324.6 Design and Location of Storage Facilities
Storage facilities with a minimum capacity of two hundred (2vO) cubic feet per stand may be
provided on the stand, or in compounds located within one hundred (100) feet of each stand.
Storage facilities shall be designed in a manner that will enhance the appearance of the park and
shall be faced with masonry, porcelaned steel, baked enameled steel or other material equal in fire
resistance, durability and appearance, or of an equal material approved by the building official.
Sec. 35-324.7 Mobile Home Stalls
The area of the mobile home stall shall be concrete to provide adequate support for the placement
of the mobile home.
Sec. 35-324.8 Parking
Every mobile home stand shall have two (2) off-street parking spaces. Travel trailer stands shall
have one.
Sec. 35-324.9 Access and Traffic Circulation
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Internal streets shall be privately owned, built, and maintained, and shall be designed for safe and
convenient access to alt stands and parking spaces and to facilities for common use of park
residents.
A. Internal Streets or Common Access Routes.
1. An internal street or common access route shall be provided to each stand. All internal
streets or common access routes shall be a minimum of thirty-one (31) feet in width
from back of curb to back of curb. The internal streets shall be continuous and connect
'I with either outer streets in the park, public streets or, in the citernative, shall be
provided with a cul-de-sac having a minimum radius of forty (40) feet. All other streets
shall have a minimum radius at intersections of thirty (30) feet. No internal street
ending in a cul-de-sac shall exceed one-thousand (1,000) feet in length.
2. All streets shall be constructed of at least two (2) inches of asphalt, six (6) inches of
lime sub-grade and with standard or surmountable curbs. (Alternative materials for
street construction may be approved by the City Engineer as long as the alternative
exceeds the standards in this section.)
B. Surfacing, Location of Off-Street Parking.
Off-street parking for at least two (2) vehicles per mobile home stand shall be concrete and
all other parking areas shall be constructed of all weather materials and located to eliminate
interference with access to parking areas provided for other mobile homes and for public
parking withir the park.
C. Minimum Parking Area for Vehicle Storage.
A minimum parking area of one hundred and sixty (160) square feet per mobile home space
shall be provided for storage of boats or vehicles in excess of two (2) per mobile home unit
to minimize on-street parking and to facilitate the movement of emergency vehicles into and
through the park.
D. Maintenance of Internal Streets.
Internal streets shall be maintained free of cracks, holes and other hazards at the expense of
the licensee. Inspection of the streets shall occur at least yearly in conjunction with other
City of Denton inspections of the mobile home or travel trailer park. The Inspections shall
be made by the city engineer a,id shall cover the hazards listed above.
E. Numbering, Naming of Streets.
All streets within each park shall be numbered or named in an approved manner.
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F. Intersecting of Interior Streets Adjoining Public Streets.
Interior streets shall intersect adjoining public streets at ninety (90) degrees and at locations
which will eliminate or minimize interference with the traffic on those public streets. Design
of the interior streets shall be approved by the City Engineer with respect to horizontal and
vertical alignment, access points to city streets, parking locations and internal access for
emergency vehicles.
G. Posting of Signs.
At each entrance to the park, an eighteen (18) inch by twenty-four (24) inch sign shall be
posted, stating "Private Drive, No Through Traffic". The licensee may also post a speed
limit sign on this same post.
Sec. 35-324.10 Area Lighting
Adequate lighting shall be provided in a manner approved by the Electric Utility Department.
Sec. 35-324.11 Installation of Telephone Lines, Semi-Public Telephone
All telephone lines meeting the requirements of the telephone company shall be installed
underground, A minimum of one semi-public telephone shall be provided in an easily accessible
location twenty-four (24) hours a day, seven (7) days a week,
Sec, 35-324.12 Recreation Area
All parks shall have at least one recreation area, located as to be free of traffic hazards, easily
accessible to all park residents, and centrally located where topography permits.
A. Extent.
Recreation areas and facilities, such as playgrounds, swimming pools, and community
buildings shall be provided which in the judgment of the park licensee will meet the
anticipated needs of the clientele the park is designed to serve. Provision of separate adult
and tot lot recreational areas is encouraged.
B. Size.
Not less than eight (8) percent of the gross park area shall be devoted to recreational
facilities, generally in a central location. In large parks this may be decentralized.
Recreation areas include space for community buildings and community use facilities such
as adult recreation and child play areas and swimming pools but not including vehicle
parking, commercial, maintenance and utilities areas,
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C. Playground Location.
When playground space is provided it shall be so designated and shall be protected from
traffic, thoroughfares and parking areas. Such space shall be maintained in a sanitary
condition and free of dangerous conditions and hazards.
Sec. 35-324.13 Water Supply
A. Generally.
An accessible, adequate, safe, and potable supply of water meeting state standards shall be
provided in each park. Connection shall be made to the public supply of water in accordance
with the Denton Code of Ordinances.
B. Water Distribution System.
I, The water supply system of the park shall be connected by pipes to all mobile home
stands, buildings, and other facilities requiring water.
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2. All water piping, fixtures, and other equipment shall be constructed and maintained in
accordance with state and city regulations and requirements.
3. A master meter will be placed at the property line to serve the park or individual water
meters will be provided for each mobile home stand. If individual water meters are
used then the water system must be built in accordance with City of Denton subdivision
requirements.
4. A back-flow preventer or vacuum break will be required :o be placed at the property
line on the discharge side of the master meter if the property is master metered. Beyond
the master meter, the City of Denton has no maintenance responsibility.
C. Individuai Water Riser Pipes and Connections.
1. Individual water riser pipes shall be located within the confined area of the outside
perimeter walls of the mobile home at a point where the water connection will
approximate a vertical position.
2. Water riser service pipes shall extend at least four (4) inches above ground elevation.
The pipe shall be at least three-quarter ( `,4) inch The water outlet shall be capped in
an approved manner when the stand is unoccupied.
3. Adequate provisions shall be made to prevent freezing of service lines, valves and riser
pipes. Surface drainage shall be diverted from the location of the riser pipe.
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4. A shutoff valve below the frost line shall be provided near each water riser pipe.
5. Underground stop and waste valves shall not be installed on any water service.
Sec. 35-324.14 Sewage Disposal
A. General Requirements.
An adequate and safe sewage system shall be provided in all parks for conveying and
disposing of all sewage. The sewer system for a park shall be constructed in accordance with
the plumbing code. All proposed sewage disposal facilities shall be approved by the city
building official prior to construction except that the use of septic tanks for the disposal of
sewage shall not be approved. Effluent from sewage treatment facilities shall not be
discharged into any waters of the State except with prior approval of the appropriate
regulatory agency of the State. The City of Denton has no maintenance responsibility for
sewage disposal facilities inside the mobile home park.
B. Individual Sewer Connections.
1. Each mobile home stand shall be provided with at least a four (4) inch diameter sewer
riser pipe. The sewer riser pipe shall be so located on each stand that the sewer
connection to the mobile home drain outlet will approximate a vertical position.
2. The sewer connection from the mobile home to the sewer riser pipe shall have a nominal
inside diameter of at least three (3) inches, and the slope of any portion thereof shall be
at least one-fourth (1/4) inch per foot. The sewer connection shall consist of one pipe
line only without any branch fittings. All joints shall be water tight. All sewer
connections shall comply with the requirements of the city and shall be inspected by the
city plumbing inspector.
3. All materials used for sewer connections shall be in accordance with the plumbing code
and specifications in the building official's office.
4. Provision shall be made for capping the sewer riser pipe in an approved manner when
the stand is unoccupied. Surface drainage shall be diverted away from the riser. The
rim of the riser pipe shall extend at least four (4) inches above ground elevation.
Sec. 35-324.15 Electrical Distribution System
A. Installation.
All electrical wiring in the park shall be underground, and installed in accordance with the
electrical code and specifications of the City of Denton.
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B. General Requirements.
Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment
and appurtenances which shall be installed and maintained in accordance with applicable
codes and regulations for such systems.
C. Power Distribution Lines.
Main power lines shall be in approved conduit. Such conductors shall be located not less
than one foot radial distance from water, sewer, or gas lines. The location of all such
underground lines shall be clearly marked by surface signs at approved intervals.
Individual Electrical Connections.
I. Each stand shall be served and metered the same as a single-family residential lot, with
an underground service line, and be provided with an approved disconnecting device
and over-current protective equipment. The minimum service per outlet shall be
120/240 volts AC, 50 amperes.
2. Outlets (receptacles or pressure connectors) shall be housed in an Underwriters
Laboratory approved weather proof outlet box, and shall be located not more than
twenty-five (25) feet from the over-current protective device in the mobile home. Two
(2) three pole, four-wire, grounding type receptacle shall be used.
3. Receptacles shall be in accordance with American Standard Outlet Receptacle C-73-1,
or equivalent.
4. The mobile home shall be connected to the outlet box by an Underwriters Laboratory
approved type of flexible supply cord with a male attachment plug or with pressure
connections. If the distance from the receptacle to the mobile home exceeds three (3)
feet the cord shall be installed underground.
E. Required Grounding.
All exposed non-current-carrying metal parts of mobile h )mes and all other equipment shall
be grounded by means of an approved grounding conductor with branch circuit conductors.
The neutral conductor shall not be used as an equipment ground for mobile homes or other
equipment; the grounding conductor shall be attached to a permanent ground in an approved
manner.
Sec. 35-?"+.16 Service Building and Other Community Service Facilities
A. General.
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^ The requirements of this section shall apply to service buildings, recreation buildings and
other community service facilities including but not limited to the following:
1. Management offices, repair shops and storage areas;
2. Sanitary facilities;
3. Laundry facilities;
4. Indoor recreation areas; and
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5. Commercial uses supplying essential goods or services for the benefit and convenience
of park occupants.
B. Structural Requirements for Buildings.
1. All portions of the structure shall be properly protected from damage by ordinary uses
and by decay, corrosion, termites, and other destructive elements. Exterior portions
shall be of such materials and be so constructed and protected as to prevent entrance or
penetration of moisture and weather.
2. All structures shall be constructed in conformance with the building code.
C. Barbecue Pits, Fireplaces, Stoves and Incinerators.
Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incia, rwors shall be
located, constructed, maintained and used as to minimize fire hazards and smoke nuisance
both on the property on which used and on neighboring property. No open fire shall be
permitted except in facilities approved by the fire marshal. No open fire shall be left
unattended. No fuel shall be used and no material burned which emits dense smoke or
objectionable odors.
Sec. 35.324.17 Refuse and Garbage Handling
A. Mobile homes shall be considered as an "individual family unit" which require them to abide
by the City of Denton Code of Ordinances, pertaining to residential sanitation collection.
B. Any owner, occupant, tenant or lessee of any mobile home in the city shall have garbage,
trash and rubbish regularly removed by the city sanitation division.
C. The charges for such service shall be included on the monthly utility bill of the applicant, as
determined by the utility deposit or service application, and all utility service may be
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suspended upon failure to pay the required charges within ten (10) days from the due date of
the bill.
D. The charge for collecting g~.rbage, trash and rubbish from each individual family unit is
established in the City of Denton Code of Ordinances.
E. All individual family units shall use plastic bags and shall place such bags on the curb or
alley line on collection days as specified by the city.
Sec. 35-324.18 Insect and Rodent Control
A. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and
infestation.
B. Parks shall be maintained free of accumulations of debris which may provide rodent
harborage or -ding places for flies, mosquitoes and other pests.
C. The growth of brush. weeds and grass shall be controlled to prevent harborage of noxious
insects or other pests. "arks shall be so maintained as to prevent the growth of noxious
weeds detrimental to healti, in accordance with the Code of Ordinances.
Sec. 35-324.19 Fuel Supply and Storage
A. Natural Gas System
1. Natural gas piping systems shall be installed underground anu i;iaintained in accordance
with applicable codes and regulations governing such systems.
2. Each stand provided with piped gas shall have an approved manual shutoff valve
installed upstream of the gas outlet. The outlet shall be equipped with an approved cap
to prevent accidental discharge of gas when the outlet is not in use.
B. Liquefied Petroleum Gas System
1. Individual liquefied petroleum gas systems may be used, but, when used, shall be
installed and maintained in accordance with applicable codes of the city and regulations
oi the Texas Railroad Commission pertaining thereto.
2. Liquefied petroleum gas containers shall be installed on an individual sp! ^e to serve
only that mobile home or travel trailer occupying that space.
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3. No liquefied petroleum gas vessel shall be stored or located outside or beneath any
storage cabinet, carport, mobile home, or any other structure, unless such installations
are approved by the building official and the fire marshal.
Sec. 35-324.20 Fire Safety Standards
A. Storage and Handling of Liquefied Petroleum Gases.
In parks where liquefied petroleum gases are stored or dispensed, their handling and storage
shall comply with requirements of the plumbing code, the fire code, and the Texas Railroad
Commission regulations.
B. Storage and Handling of Flammable Liquids.
In parks in which gasoline, fuel oil, or other flammable liquids are stored and/or dispensed,
their handling and storage shall comply with the fire code.
C. Access for Fire Fighting.
Approaches to all mobile homes shall be kept clear for fire fighting.
D. Water Supply Facilities for Fire D;;ya:+ment Operations.
Water supply facilities for fire department opetations shall be connected to the City of Denton
water supply. Water mains for fire protection purposes are to be sized six (6) inches ID or
larger with standard City of Denton hydrants located within three hundred (300) feet of all
mobile home sites, measured along driveways or streets, and such water supply systems shall
meet the minimum standards for fire fighting purposes as required by the State Board of
Insurance. Fire hydrants will be subject to periodic inspections by the fire department. It
shall be the responsibility of the park licensee to insure that the fire hydrants in need of
immediate repair shall be repaired in a satisfactory manner within twenty-four (24) hours.
Non-emergency repairs shall be made within fourteen (14) days upon receipt of notification.
Non-emergency, for purposes of this paragraph, shall mean of a nature not impairing the
actual use intended.
E. Collection, Disposal of Rubbish.
The park licensee or agent shall provide an adequate system of collection and safe disposal
of rubbish, approved by the fire marshal.
F. Dry Brush, Limbs, Leaves and Weeds.
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The park licensee or agent shall be responsible for maintaining the entire area of the park free
of dry brush, leaves, limbs and weeds.
Sec. 35-324.21 Miscellaneous Requirements
A. Responsibilities of the Park Management
1. All responsibilities set out elsewhere in this article as apply to licensee or agent.
2. The licensee or his agent shall operate the park in compliance with this and other
applicable articles and shall provide adequate supervision to maintain the park, its
facilities and equipment in good repair and in a clean and sanitary condition.
3. The licensee or agent shall notify each and every park occupant of all applicable
provisions of this article and inform them of their duties and responsibilities hereunder.
4. The licensee or agent shall maintain a register of park occupancy which shall contain
the following information:
(a) Name and stand number of all park residents.
(b) Mobile home registration data, including make, length, width, year of manufacture
and identification number.
(c) Make, model, and the license number.
(d) Location of each mobile home within the park by stand number.
(e) Dates of arrival and departure of each mobile home.
(f) Name and address of business or individual who installed each mobile home.
A new register shall be initiated on January first of each year, and the old register
may thereafter be retired but shall be retained on the premises for at least th-a !3)
years following its retirement. Registers shall be available for inspection at all
reasonable times by any official of the City of Denton whose duties may necessitate
access to the information contained therein.
5. The licensee or agent shall furnish to the tax assessor-collector for the City of Denton,
within ten (10) days after the first day of January of each year, a list of all mobile homes
in the park on the first day of January. The list shall contain the owner's name and
address; the make, length, width, year of manufacture and identification number of the
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1 mobile home; and the location of each mobile home within the park. Said lists shall be
prepared using forms provided by the tax assessor-collector of the city.
6. Every park operator shall keep a valid certificate of occupancy for the park.
7. The licensee, or his agent, shali insure the proper placement of each mobile on its stand
by each park occupant and insure the installation of all tie downs in accordance with
state standards.
B. Responsibilities of Park Occupants
1. All responsibilities set out elsewhere in this article.
2. The park occupant shall comply with all requirements of this article and shall maintain
his stand and its facilities and equipment in good repair and in a clean and sanitary
condition.
3. The park occupant shall be responsible for proper placement of his mobile home on its
stand and proper installation of all utility connections in accordance with the instruction
of the park management.
4. Fire resistant skirting or an equal substitute approved by the building official shall be
required on all mobile homes and shall be installed within sixty (60) days after
emplacement of the mobile home.
5. Skirting, porches, awnings, and other additions, when installed, shall be maintained in
good repair. The use of space immediately underneath a mobile home for storage shall
be permitted only under the following conditions:
(a) The storage area shall have a base of impervious material.
(b) Stored items shall not interfere with the underneath inspection of the mobile home,
nor be a fire hazard.
6. The park occupant shall be responsible for proper placement of the mobile home on its
standard and proper installation of all tie downs in accordance with state standards.
Sec. 35-324.22 Permit Required
It shall be unlawful for any person to construct, alter or extend any mobile home park within the
limits of the City of Denton unless he holds a valid permit issued by the building official in the
name of such person for the specific construction, alteration or extension proposed.
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Sec. 35-324.23 Permit Exceptions
No permit shall be issued for the construction or occupancy of a permanent residential structure
in any mobile home subdivision or mobile home park, with the following exceptions:
(a) One existing residential structure may be retained or one new residential structure may
be constructed for the occupancy of the owner or agent of the park or subdivision.
(b) An existing residence may be converted to a clubhouse, community center or service
building for use by the residents of the mobile home subdivision, mobile home park.
Sec. 35-324.24 Appeal From Denial Of Permit By The Building Official
Any person affected by the refusal of the building official to issue a permit under the provisions
hereof, may request and shall be granted a hearing on the matter before the board of adjustment;
provided that such person shall file within ten (10) days after the day the permit was refused, in
the office of the building official, a written petition requesting such hearing and setting forth a
brief statement of the grounds therefore. Upon receipt of such petition the building official shall
forward it to the city secretary who shall set a time and place for such hearing and give the
petitioner written notice thereof. At such hearing the petitioner shall be giver, an opportunity to
be heard and to show why such permit should be issued.
Sec.7.1.4.25 License Required
It shall be unlawful for any person to operate any mobile home park within the limits of the City
of Denton unless he holds a valid license and certificate of occupancy issued for the current year
by the city building official in the name of such person for the specific park. All applications for
licenses and certificate of occupancy shall be made in writing on forms furnished by the city
building official.
Sec. 35-324.26 Application For Original License
Application for the original license shall be in writing signed by the applicant, accompanied by
an affidavit of the applicant as to the truth of the application and by the deposit of the license fee
hereinafter provided, and shall contain:
(a) The name and address of the applicant.
(b) The location and legal description of the park.
(c) A plot plan of the park showing all mobile home stands, stivctures, roads, walkways,
and other service facilities.
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Before the original license or renewal is issued for the operation of any mobile home park, the city
building official-shall be assured of compliance with all provisions of this article. Mobile home
parks in existence and lawfully operating prior to the effective date of this ordinance may continue
to operate as nonconforming parks upon application for and receipt of a park license in accordance
with the above application procedures. The provisions of the Code of Ordinances of the City of
Denton relating to nonconforming uses and structures shall apply to nonconforming parks licensed
hereunder. Such parks shall be inspected at least once a year to insure the safety, health and
welfare of the occupants of the park.
Sec. 35-324.27 Application For License Renewal
Application for renewal of licenses shall be made in writing by the licensee on forms furnished
by the city building official, on or before October first of each year. Such application shall contain
any change in the information occurring after the original license was issued for the latest renewal
granted.
Sec. 35-324.28 License Fee
All original license applications or renewals thereof shall be accompanied by a fee as determined
by the City Council The original fee shall be prorated on the nearest quarterly basis between the
date of the original license and October first of that fiscal year. All renewal fees shall be due on
October first of each year.
Sec.35-324.29 Licenses Not Transferable
Licenses issued under the provisions of this article shall not be transferred. A new license will
be issued to any new owner upon compliance with the provisions hereof.
Sec.35-324.30 Violations; Notice; Suspension Of License
Whenever, upon inspection of any mobile home park, the city building official, after consultation
with the city official or officials he deems competent to judge, finds that conditions or practices
exist which are in violation of any provision of this article he shall give notice in writing, to the
licensee that unless such conditions or practices are corrected within a reasonable period of time
specified in such notice, the license shall be suspended, At the end of such period of time, the city
building official shall reinspect such park, requesting assistance from other city departments as
may be required and if such conditions or practices have not been corrected he shall immediately
suspend the license and give notice in writing of such suspension, to the licensee. Upon receipt
of notice of such suspension, licensee shall cease operation of such park, except as provided
above.
Sec.35.324.31 Inspections Required
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The building official, the fire chief, the fire marshal, the police chief, the city engineer, the
director of utilities, and the tax assessor-collector or their representative are hereby authorized and
directed to make such inspections as are necessary to determine compliance with this article.
Sec. 35-324.32 Entry On Premises
The building official, the fire chief, the fire marshal, the police chief, the city engineer, the
director of utilities, and the tax assessor-collector, or other city official shall have the power to
enter at reasonable times upon any private or public property for the purpose of inspecting and
investigating conditions relating to the enforcement of this article and for the maintenance of the
utilities.
Sec. 35-324.33 Inspection Of Register
The building official, the fire chief, the fire marshal, the police chief and the tax assessor-collector
shall have the power and authority in discharging their official duties to inspect the register
containing a record of all residents of the mobile home park.
Sec. 35-324.34 Duty of Occupants
It shalt be the duty of every occupant of a mobile home within a licensed park to give the licensee,
his agent, or authorized employee access to any part of such park at reasonable times for the
purpose of making such repairs or alterations as are necessary to effect compliance with this
article.
Sec. 35-324.35 Notice of Violations; Requirements of Notice
Whenever it is determined that there are grounds to believe that there has been a violation of any
provision of this article, the city building official shall give notice of such alleged violation to the
licensee or agent, as hereinafter provided. Such notice shall:
(a) Be in writing;
(b) Include a statement of the reasons for its issuance;
( c) Allow a reasonable time for the performance of the act it requires;
(d) Be served upon the licensee or his agent; provided that such notice or order shall be
deemed to have been properly served upon such licensee or his agent when a copy
thereof has been sent by mail to his last known address, or when he has been served
with such notice by any method authorized or required by the laws of this state; and
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Before the original license or renewal is issued for the operation of any mobile home park, the city
building official,shall be assured of compliance with all provisions of this article. Mobile home
parks in existence and lawfully operating prior to the effective date of this ordinance may continue
to operate as nonconforming parks upon application for and receipt of a park license in accordance
with the above application procedures. The provisions of the Code of Ordinances of the City of
Denton relating to nonconforming uses and structures shall apply to nonconforming parks licensed
hereunder. Such parks shall be inspected at least once a year to insure the safety, health and
welfare of the occupants of the park.
Sec. 35-324.27 Application For License Renewal
Application for renewal of licenses shall be made in writing by the licensee on forms furnished
by the city building official, on or before October first of each year. Such application shall contain
any change in the information occurring after the original license was issued for the latest renewal
granted.
Sec. 35-324.28 License Fee
All original license applications or renewals thereof shall be accompanied by a fee as determined
by the City Council The original fee shall be prorated on the nearest quarterly basis between the
date of the original license and October first of that fiscal year. All renewal fees shall b: due on
October first of each year.
Sec.35-324.29 Licenses Not Transferable
Licenses issued under the provisions of this article shall not be transferred. A new license will
be issued to any new owner upon compliance with the provisions hereof.
Sec.35-324.30 Violations; Notice; Suspension Of License
Whenever, upon inspection of any mobile home park, the city building official, after consultation
with the city official or officials he deems competent to judge, finds that conditions or practices
exist which are in violation of any provision of this article he shall give notice in writing, to the
licensee that unless such conditions or practices are corrected within a reasonable period of time
specified in such notice, the license shall be suspended. At the end of such period of time, the city
building official shall reinspect such park, requesting assistance from other city departments as
may be required and if such conditions or practices have not been corrected he shall immediately
suspend the license and give notice in writing of such suspension, to the licensee. Upon receipt
of notice of such suspension, licensee shall cease operation of such park, except as provided
above.
Sec.35-324.31 Inspections Required
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(e) Contain an outline of remedial action which, if taken will effect compliance with the
provisions of this article.
Sec. 35-324.36 Appeal From Notice Issued By The Building Official
Any person affected by any notice which has been issued in connection with the enforcement of
any provision of this article, by the building official may request and shall be granted a hearing
on the matter before the board of adjustment, provided that such person shall file within ten (10)
days after the day the notice was served, in the office of the city secretary, a written petition
requesting such hearing and setting forth a brief statement of the grounds therefore. The filing
of the request for a hearing shall operate as a stay of the notice and of the suspension. Upon
receipt of such petition, the city secretary shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
Sec. 35-324.37 Penalties
Any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum
not exceeding Two Hundred Dollars ($200.00); and each day and every day that the provisions
of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in
addition to and cumulative of, any other remedies available at law and equity.
Sec. 35-324.38 Travel Trailer or Motor Home Parks
A travel trailer or motor home park shalt also allow for the location of mobile homes. However,
a travel trailer, motor home or mobile home located within the travel trailer park for longer than
sixty (60) days shall be required to comply with all regulations contained under Regulations
Governing Mobile Home Parks.
A travel trailer or motor home park proposing to locate within the Agriculture (A) district shall
be required to obtain a Specific Use Permit.
For the purpose of this regulation, the term "travel trailer" shall be used synonymously with
"motor home".
Minimum Setback From Any Public Street or ROW 25 feet
Maximum Height:
The maximum height of any structure within the area defined as the travel trailer park shall
comply with applicable district standards.
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Sec. 35-324.39 Required Screening
There shall be constructed and maintained a permanent screening device not less than six (6) feet
in height on all sides of the travel trailer park except where natural barriers exist to form all or
part of such a screen, or where roadways exist to create a traffic hazard. A minimum twenty five
(25) foot visibility triangle shall be maintained at juncture of travel trailer park entrance road and
public street.
Sec. 35-324.40 Soil and Ground Cover
Unpaved areas within all parts of every travel trailer park shall be paved or protected to prevent
soil erosion and dust.
Sec. 35-324.41 Drainage
The ground surface in all parts of a travel trailer park shall be graded and equipped to drain all
surface water in a safe, efficient manner. The adequacy of drainage facilities shall be verified by
a licensed professional engineer.
Sec. 35-324.42 Parking
Every travel trailer stand shall have one (1) off-street parking space.
Sec. 35-324.43 Access and Traffic Circulation
A. Internal streets shall be privately owned, built, and maintained.
B. Intersecting of Interior Streets Adjoining Public Streets.
Interior streets shall intersect adjoining public streets at ninety (90) degrees and at locations
which will eliminate or minimize interference with the traffic on those public streets. Design
of the interior streets shall be approved by the City Engineer with respect to horizontal and
vertical alignment, access points to city streets, parking locations and internal access for
emergency vehicles.
C. Posting of Signs.
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At each entrance to the park, an eighteen (18) inch by twenty-four (24) inch sign shall be
posted, stating `Private Drive, No Through Traffic". The licensee may also post a speed
limit sign on this same post.
Sec. 35-324.44 Area Lighting
Adequate lighting shall be provided in a manner approved by the Electric Utility Department.
Sec. 35-324.45 Installation of Telephone Lines, Semi-Public Telephone
All telephone lines meeting the requirements of the telephone company shall be installed
underground. A minimum of one semi-public telephone shall be provided in an easily accessible
location twenty-four (24) hours a day, seven (7) days a week.
Sec. 35-324.46 Water Supply
A. Generally.
An accessible, adequate, safe, and potable supply of water meeting state standards shall be
provided in each travel trailer park. Connection shall be made to the public supply of water
in accordance with the Denton Code of Ordinances.
B. Water Distribution System.
1. All water piping, fixtures, and other equipment shall be constructed and maintained in
accordance with state and city regulations and requirements.
2. A master meter will be placed at the property line to serve the travel trailer park. If
individual water meters are used then the water system must be built in accordance with
City of Denton subdivision requirements.
3. A back-flow preventer or vacuum break will be required to be placed at the property
line on the discharge side of the master meter if the property is master metered. Beyond
the master meter, the City of Denton has no maintenance responsibility.
Sec. 35-324.47 Sewage Disposal
A. General Requirements.
An adequate and safe sewage system shall be provided in travel trailer park for conveying
and disposing of all sewage. The sewer system for a travel trailer park shall be constructed
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in accordance with the plumbing code. All proposed sewage disposal facilities shall be -
approved by the city building official prior to construction except that the use of septic tanks
for the disposal of sewage shall not be approved. Effluent from sewage treatment facilities
shall not be discharged into any waters of the State except with prior approval of the
appropriate regulatory agency of the State. The City of Denton has no maintenance
responsibility for sewage disposal facilities inside the travel trailer park.
' Sec. 35-324.48 Electrical Distribution System
A. Installation.
All electrical wiring in the travel trailer park shall be underground, and installed in
accordance with the electrical code and specifications of the City of Denton.
B. General Requirements.
Every travel trailer park shall contain an electrical wiring system consisting of wiring,
fixtures, equipment and appurtenances which shall be installed and maintained in accordance
with applicable codes and regulations for such systems.
C. Power Distribution Lines.
Main power lines shall be in approved conduit. Such conductors shall be located not less
than one foot radial distance from water, sewer, or gas lines. The location of all such
underground lines shall be clearly marked by surface signs at approved intervals.
Sec. 35-324.49 Service Building and Other Community Service Facilities
Ancillary and auxiliary facilities shall comply with the standards of the district located within.
Buildings and similar structures shall comply with applicable building codes adopted by the City.
Sec. 35-324.50 Refuse and Garbage Handling
A. Refuse and garbage receptacles shall be provided by the park owner. Receptacles shall be
conveniently located throughout the park.
B. The owner of a travel trailer park shall have garbage, trash and rubbish regularly removed
by the city sanitation division.
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^ Sec. 35-324.51 Insect and Rodent Control
A. Grounds, buildings and structures wall be maintained free of insect and rodent harborage and
infestation.
B. Travel trailer park shall be maintained free of accumulations of debris which may provide
rodent harborage or breeding places for flies, mosquitoes and other pests.
C. The growth of brush, weeds and grass shall be controlled to prevent harborage of noxious
insects or other pests. Travel trailer park shall be so maintained as to prevent the growth of
noxious weeds detrimental to health in accordance with the Code of Ordinances.
Sec. 35-324.52 Fuel Supply and Storage
A. Natural Gas System
1. Natural gas piping systems, if natural gas is used, shall be installed underground and
maintained in accordance with applicable codes and regulations governing such systems.
Sec. 35-324.53 Fire Safety Standards
A. Storage and Handling of Liquefied Petroleum Gases.
In a travel trailer park where liquefied petroleum gases are stored or dispensed, their
handling and storage shall comply with requirements of the plumbing code, the fire code, and
the Texas Railroad Commission regulations.
B. Storage and Handling of Flarrunable Liquids.
In a travel trailer park in which gasoline, fuel oil, or other flammable liquids are stored
and/or dispensed, their handling and storage shall comply with the fire code.
C. Access for Fire Fighting.
Approaches to all travel trailers shall be kept clear for fire fighting.
D. Water Supply Facilities for Fire Department Operations.
Water supply facilities for fire department operations shall be connected to the City of Denton
water supply. Water mains for fire protection purposes are to be sued six (6) inches ID or
larger with standard City of Denton hydrants located within three hundred (300) feet of all
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travel trailer sites, measured along driveways or streets, and such water supply systems shall
meet the minimum standards for fire fighting purposes as required by the State Board of
Insurance. Fire hydrants will be subject to periodic inspections by the fire department. It
shall be the responsibility of the travel trailer park owner to insure that the fire hydrants in
need of immediate repair shall be repaired in a satisfactory manner within twenty-four (24)
hours. Non-emergency repairs shall be made within fourteen (14) days upon receipt of
notification. Non-emergency, for purposes of this paragraph, shall mean of a nature not
impairing the actual use intended.
E. Collection, Disposal of Rubbish.
The travel trailer park owner shall provide an adequate system of collection and safe disposal
of rubbish, approved by the fire marshal.
F. Dry Brush, Limbs, Leaves and Weeds.
The travel trailer park owner shall be responsible for maintaining the entire area of the travel
trailer park free of dry brush, leaves, limbs and weeds.
Sec. 35-324.54 Permit Required
It shall be unlawful for any person to construct, alter or extend any travel trailer park within the
limits of the City of Denton unless he holds a valid permit issued by the building official in the
name of such person for the specific construction, alteration or extension proposed.
Sec. 35-324.55 Permit Exceptions
No permit shall be issued for the construction or occupancy of a permanent residential structure
in any travel trailer park, with the following exceptions:
(a) One existing residential structure may be retained or one new residential structure may
be constructed for the occupancy of the owner or agent of the park or subdivision.
(b) An existing residence may be converted to a clubhouse, community center or service
building for use by the resijews of the travel trailer park.
Sec. 35.324.56 Appeal From Denial Of Permit By The Building Official
Any person affected by the refusal of the building official to issue a permit under the provisions
hereof, may request and shall be granted a hearing on the matter before the board of adjustment;
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provided that such person shall file within ten (10) days after the day the permit was refused, in
the office of the building official, a written petition requesting such hearing and setting forth a
brief statement of the grounds therefore. Upon receipt of such petition the building official shall
forward it to the city secretary who shall set a time and place for such hearing and give the
petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to
be heard and to show why such permit should be issued.
Sec. 35-324.57 License Required
It shall be unlawful for any person to operate any travel trailer park within the limits of the City
of Denton unless he holds a valid license issued for the current year by the city building official
in the name of such person for the specific park. All applications for licenses shall be made in
writing on forms furnished by the city building official, who shalt issue a license unless the
applicant is a valid holder of a certificate of occupancy. When a certificate of occupancy is
revoked, the license is automatically void.
Sec. 35-324.58 Application For Original License
I
Application for the original license shall be in writing signed by the applicant, accompanied by
an affidavit of the applicant as to the truth of the application and by the deposit of the license fee
hereinafter provided, and shall contain:
(a) The name and address of the applicant.
(b) The location and legal description of the park.
( c) A plot plan of the park showing all travel trailer stands, structures, roads, walkways,
and other service facilities.
Before the original license or renewal is issued for the operation of any travel trailer park, the city
building official shall be assured of compliance with all provisions of this article. Travel trailer
parks in existence and lawfully operating prior to the effective date of this ordinance may continue
to operate as nonconforming parks upon application for and receipt of a park license in accordance
with the above application procedures. The provisions of the Code of Ordinances of the City of
Denton relating to nonconforming uses and structures shall apply to nonconfornng parks licensed
hereunder. Such parks shall be inspected at least once a year to insure the safety, health and
welfare of the occupants of the park.
Sec. 35-324.59 Application For License Renewal
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Application for renewal of licenses shall be made in writing by the licensee on forms furnished
by the city building official, on or before October first of each year. Such application shall contain
an ongfinal license was issued for the latest renewal
any change in the information occurring after the
granted.
! Sec. 35-324.60 License Fee
All original license applications or renewals thereof shall be accompanied by a fee as determined
by the Building Official and from time to time amended for each travel trailer stand. The original
fee shall be prorated on the nearest quarterly basis between the date of the original license and
October first of that fiscal year. All renewal fees shall be due on October first of each year.
Sec. 35-324.61 Licenses Not Transferable
Licenses issued under the provisions of this article shall not be transferred. A new license will
be issued to any new owner upon compliance with the provisions hereof.
Sec. 35-324.62 Violations; Notice; Suspension Of License
Whenever, upon inspection of any travel trailer park, the city building official, after consultation
with the city official or officials he deems competent to judge, finds that conditions or practices
exist which are in violation of any provision of this article he shall give notice in writing, to the
licensee that unless such conditions or practices are corrected within a reasonable period of time
specified in such notice, th. license shall be suspended. At the end of such period of time, the city
building official shall reinspect such park, requesting assistance from other city departments as
may be required and if such conditions or practices have not been corrected he shall immediately
suspend the license and give notice in writing of such suspension, to the licensee. Upon receipt
of notice of such suspension, licensee shall cease operation of such park, except as provided
above.
Sec.7.1.4.63 Inspections Required
The building official, the fire chief, the fire marshal, the police chief, the city engineer, the
director of utilities, and the tax assessor-collector or their representative are hereby authorized and
directed to make such inspections as are necessary to determine compliance with this article.
Sec. 35.324.64 Entry On Premises
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The building official, the fire chief, the fire marshal, the police chief, the city engineer, the
director of utilities, and the tax assessor-collector, or other city official shall have the power to
enter at reasonable times upon any private or public property for the purpose of inspecting and
investigating conditions relating to the enforcement of this article and for the maintenance of the
utilities.
Sec. 35-324.65 Notice of Violations; Requirements of Notice
Whenever it is determined that there are grounds to believe that there has been a violation of any
provision of this article, the city building official shall give notice of such alleged violation to the
licensee or agent, as hereinafter provided. Such notice shall:
(a) Be in writing;
(b) Include a statement of the reasons for its issuance;
( c) Allow a reasonable time for the performance of the act it requires;
(d) Be served upon the licensee or his agent; provided that such notice or order shall be
deemed to have been properly served upon such licensee or his agent when a copy
thereof has been sent by mail to his last known address, or when he has been served
with such notice by any method authorized or required by the laws of this state; and
(e) Contain an outline of remedial action which, if taken will effect compliance with the
provisions of this article.
Sec. 35-324.66 Appeal From Notice Issued By The Building Official
Any person affected by any notice which has been issued in connection with the enforcement of
any provision of this article, by the building official may request and shall be granted a hearing
on the matter before the board of adjustment, provided that such person shall file within ten (10)
days after the day the notice was served, in the office of the city secretary, a written petition
requesting such hearing and setting forth a brief statement of the grounds therefore. The filing
of the request for a hearing shall operate as a stay of the notice and of the suspension. Upon
receipt of such petition, the city secretary shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
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Sec. 35-325 Occasional Sales
Occasional sales of tangible personal property at retail, shall not exceed two (2) in number
during any twelve-month period, provided that:
A. Safes of tangible property shall be sold only on the premises of a residential dwelling
unit by the owner or leasee of such dwelling unit;
B. The owner or leasee must be the legal owner or acting in concert with another legal
owner of such tangible personal property at the time of sale;
C. No new merchandise, i.e. merchandise acquired for the purpose of resale, shall be sold
at such occasional sale;
D. Such sale shall be confined to the garage, patio, driveway or residence on the premises;
and
E. The duration of each such sale not exceed three (3) consecutive calendar days.
Sec. 35-326 Recycling collection center:
A. It shall be the responsibility of the owner of the property upon which such facilities are
located to ensure that the provisions of this subsection are complied with.
B. Such facilities shall meet all front, rear and side yard setback requirements of the district
in which such facilities are located.
C. Such facilities may be located on parking spaces, provided that such spaces are not
necessary to meet the minimum parking requirements of the main use of the lot or tract.
D. Such facilities shall not be located within nor encroach upon a fire lane, maneuvering
aisle, vehicle stacking space or required landscaping areas. The location of such
facilities shall comply with all other applicable codes and ordinances of the City of
Denton.
E. Where a recycling facility constitutes the principal use of a lot or parcel, such facility
shall comply with the requirements of the district in which it is located.
F. A recycling collection center for household recyclable materials and household metals
shall be limited to one trailer and a container capacity of not exceeding one hundred and
twenty (120) cubic yards.
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G. The mechanical processing of recyclable materials is prohibited on the site of a
recycling collection center for household recyclable materials and a recycling collection
center for household metals.
H. Materials stored at a collection center must be removed at least once a week or before
reaching capacity.
1. A trailer may have one sign on each side, not exceeding one hundred and twenty five
(125) square feet. No sign on a container may exceed thirty (30) square feet. No other
sign is permitted for this use.
J. This use must be located at least one thousand (1,000) feet from another recycling
collection center. The distance shall be measured from site to site, by the most direct
route along a street and on the same side of the street.
K. Recycling collection centers shall be located no closer than seventy five (75) feet to the
nearest residential use or residential zoning district.
L. The sale or leasing of goods collected or stored at a recycling collection center shall be
prohibited.
M. A minimum of one parking space is required, When the facility is operated by an
attendant an additional parking space is required.
Sec. 35-327 Special Access Regulations.
A. Access to lots and buildings
Only one (1) building for one-family or two-family use and permitted accessory
buildings may be located upon a lot or unplatted tract, except where building
arrangements have been approved in accordance with planned development procedures.
More than one (1) main building for multifamily, retail, commercial or industrial use
may be located on platted lot or tract. Each lot or tract shall have at least one (1)
vehicular access with a minimum width of twenty four (24) feet to a public street or
private street. All lots must have frontage on a public street or private street except
when shown on an approved planned development detailed plan.
B. Access to streets
Churches, Monasteries, Convents, Schools, Fire Stations, and similar public safety
buildings shall have access to not less than a collector-size streets.
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Sec. 35-328 Temporary buildings
A. Temporary buildings and temporary building material storage areas to be used for
construction purposes may be permitted for a specific period of time in accordance with
s permit issued by the building official and subject to periodic renewal by the building
official for cause shown. Upon completion or abandonment of construction or
expiration of the permit, such field offices and buildings shall be removed at the
direction of the building official.
Sec. 35-329 Temporary uses
A. Purpose.
The purpose of this article is to authorize the building official to permit certain specified
uses in certain specified zoning districts and use classifications for limited periods of
time, upon application for permit and satisfaction of predetermined criteria. The
decision of the building official may be appealed to the board of adjustment, pursuant
to article 8 of this chapter.
B. General provisions.
1. Applicant. The applicant for a temporary use permit, if a natural person, shall
be at least eighteen (l8) years of age. If the applicant applies for a permit on land
belonging to another, the applicant must provide the building official with a
notarized copy of the owner's written consent. The applicant must be domiciled
in Texas or provide a registered agent for service of process within Texas.
2. Location. No temporary use shall be allowed in the visibility triangle, as
defined in Sec. 18-196 of the code.
3. Required information. The applicant shall provide the building official with the
following information.
(a) Boundaries and dimensions of site.
(b) Distance to nearest buildings.
( c) Distance to adjacent streets and curbs.
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(d) Details of on-site traffic circulation and parking.
(e) Locations and detailed specifications of necessary electrical sources.
(g) Locations of available permanent or portable sanitary facilities.
(h) Locations, types and sizes of temporary structures.
(1) Estimates of daily attendance.
0) Such other information as requested by the building official, reasonably
related to the protection of public health, welfare and safety.
4. Revocation of temporary use permit. The building official may revoke a tempo-
rary use permit if he or she determines that:
(a) The applicant has misrepresented any material fact on his or her
application, or supporting materials.
(b) The temporary use fails or ceases to comply with applicable standards
or criteria for issuance of a permit.
(c ) The operation of the temporary use violates any statute, law, ordinance
or regulation.
(d) The operation of the temporary use constitutes a nuisance or poses a real
or potential threat to the health, safety or welfare of the public.
5. The building official may prescribe reasonable conditions upon a temporary use
permit to protect the public health, safety, morals, and general welfare of the
community, with particular attention to areas proximately located to the permitted
temporary use. Such conditions may include, specific performance standards,
noise mitigation measures, lighting restrictions, restrictions on hours of operation,
odor control measures, off-street parking requirements, traffic restrictions, and
other standards designed to minimize adverse impacts upon surrounding areas.
6. The applicant may appeal the building official's decision regarding, or
revocation of, a temporary use permit to the board of adjustment within ten (10)
days of the decisio,,, by making written application to the city secretary. Alter-
natively, either the applicant or the building official may apply directly to the
board of adjustment for a special exception, pursuant to section 35-380 of this
chapter and consistent with the standards established within this division.
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7. Upon expiration or revocation of a temporary use permit, the applicant shag
clean the site of all debris, whether generated by the temporary use or not.
8. The owner's or applicant's violation of any requirement of this division may be
prosecuted or enjoined as a zoning violation. Such remedies are cumulative of,
and in addition to, other remedies which may exist at law or equity.
9. Neither the grant of a temporary use permit, nor the permittee's compliance
with its terms, shall constitute a defense to prosecution under any law or
ordinance, other than as stated in this subsection. A temporary use permit serves
only to conditionally permit the temporary use of property in a manner which
might otherwise constitute a violation of Section 35-2 of this chapter, provided
that the permittee strictly complies with all permit requirements and restrictions.
Despite the fact that a temporary use permit may prescribe standards which are
either more restrictive or less restrictive than those imposed by other laws or
ordinances, it is the permittee's responsibility to fully comply with all such laws
and regulations, whether addressed by the permit or not. The city does not war-
rant that compliance with a temporary use permit will ensure compliance with any
other law or ordinance.
C. Events of public interest,
1. Description. Events of public interest include outdoor concerts, carnivals,
circuses, and sirn lar temporary events, intended to appeal to the public at large,
rather than any specific, targeted group. Permitting decisions shall be made
without regard to the content of protected speech.
2,Eligible zoning classifications. Events of public interest are limited to the A,
OAR, OR, C, CB, LI and HI zoning districts, as well as PD zoning districts which
are not residential in character or function.
3. Maximum duration of permit. A permit for an event of public interest may not
exceed 21 days in duration and may not be renewed. Only one permit may be
issued per event.
4. Permit criteria. The building official may grant a temporary use permit if the
applicant demonstrates that the temporary use will comply with all applicable laws,
ordinances and regulations.
D. Christmas tree sales.
1. Description. Christmas tree sales encompass the sale of healthy, non-
hazardous, cut or live evergreen trees, wreaths, and tree stands,
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2. Eligible zoning classifications. Permits for temporary Christmas tree sales are
limited to the A, OAR, GR, C, CB, LI and HI zoning districts, as well as PD
zoning districts which are not residential in character or function.
3. Maximum duration of permit, Permits for Christmas tree sales may be
effective for any time period between Thanksgiving Day and December 31 of any
calendar year.
4. Permit criteria. The building official may grant a temporary use permit if the
applicant demonstrates that the temporary use will comply with all applicable laws,
ordinances and regulations.
E. Temporary concrete or asphalt batching plants.
1. General Requirements
(a) Applicants for a permit to operate a temporary concrete or asphalt
batching plant must submit a letter from the Texas Natural Resources
Conservation Commission (TNRCC) indicating that the proposed facility is
exempt from the permitting procedures under the standard exemption, as
adopted and amended from time to time.
(b) All stockpiles shall be sprinkled with water or dust suppressant
chemicals, or both, as necessary to achieve maximum control of dust
emissions. The stockpile sprinkler system shall be operable at all times.
(c ) The facility shall be operated in a manner which eliminates unnecessary
dust, noise and odor (including, without limitation, covering trucks, hoppers
and chutes loading and unloading devices and mixing operations; and
maintaining driveways and parking areas free of dust).
(d) The facility must produce concrete or asphalt for the specific subdivision
or project site upon which it is located, and may not produce concrete or
asphalt for any other unrelated subdivision or project.
(e) Spilled cement and fly ash used in the batch shall be cleaned up
immediately and contained or dampened to minimize dust emissions due to
wind erosion and vehicle traffic.
(f) All open-bodied vehicles transporting material from a dry batch plant to
the paving mixer shall be loaded with a final layer of wet sand, and the truck
shall be covered with a tarp to minimize the emission of dust under existing
conditions.
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(g) Temporary concrete hatching plants (including associated stationary
equipment and stockpiles) shall be located at least 300 feet from any
recreational area, school, residence or other structure not occupied or used
solely by the owner of the property upon which the facility is located. This
distance limitation does not apply to structures within the boundaries of the
project for which the facility is to pour concrete, provided that the facility is
located on or contiguous to the project.
(h) Temporary asphalt batching plants shall be located at least one half mile
from any recreational area, school, residence or other structure not occupied
or used solely by the owner of the property upon which the facility is located.
0) Applicant shall clear the site of all equipment, material and debris upon
completion of the project.
2. Maximum duration of permit.
A permit shall be valid for a period not to exceed 60 days. No more than three permits
may be issued for the same site or project within the twelve month period following the
original date of issuance.
3. Hours of operation.
The facility may operate only between the hours of: 6:00 a.m. and 8:30 p.m., Monday
through Friday, from June 1 to September 30; 7:00 a.m. and 8:30 p.m., Monday
through Friday from October 1 to May 31; 8:00 a.m. and 8:30 p.m. on Saturdays; 1:00
p.m, and 8:30 p.m. on Sundays.
4. Eligible zoning classifications.
Temporary batch plants are eligible for permitting in all zoning districts.
5. Revocation of permit.
In addition to the reasons enumerated in Sec. 35-329, B, the Building Official may
terminate or revoke a permit for any of the following reasons.
(a) The facility fails to comply with any of the requirements as listed in this
Section.
(b) The facility violates any of the standards as listed on the standard exemp-
tion list adopted by the Texas Natural Resources Conservation Commission
and amended from time to time.
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Sec. 35-330 Lighting standards adjacent to a residential use or district
All private lighting fixtures or facilities located on a lot shall be designed and configured
to reflect illumination away from an adjacent lot used for residential purposes or zoned
for residential uses (other than Agriculture) Lighting fixtures or facilities which
distribute more than two-tenths (0.2) of one (1) foot candle of light upon an adjacent
lot used for residential purposes or zoned for residential uses (other than agriculture)
are prohibited.
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Sec. 35-331 ALCOHOL USES
A. On-Premise Sale of Beer and/or Wine
Conditions regarding on-premise sale of beer and/or wine
Except as otherwise provided for restaurants in subsection C, the sale for consumption on the
premises where sold of vinous and malt liquors and beer shall be subject to the following
conditions:
1. A building utilized for such consumption shall be inspected and shall comply with all
local building codes, fire codes and ordinances.
2. All sales and consumption on the premises must be within the permanent walls covered
by the permanent roof of said building.
3. The sale of any vinous and malt liquors or beer by any dealer where the place of
business is within three-hundred (300) feet of any hospital, public school, or church is
prohibited. The separation requirement of this subparagraph shall not apply to the
University of North Texas, Texas Woman's University, or between a dealer's place of
business and a hospital, public school, or church, if both are located within the Special
Exemption Area. Refer to Appendix D.
4. The sale of any vinous and malt liquors or beer by any dealer where the place of
business is within one-hundred (100) feet of any residential dwelling district is
prohibited, unless the dealer's place of business and the residential dwelling are both
located within the Special Exemption Area. For the purpose of this condition,
"residential dwelling unit" shall mean any single-family, two-family or multifamily
dwelling. The measurement of the distance shall be along the property lines of the
street fronts and from front door to front door, and in direct line across intersections.
5. Where the business property servir,~, vinous and malt liquors or beer abuts a residential
property or zoning district, a solid fence at least six (6) feet high shall be erected for the
full distance between the two (2) properties.
6. A dealer selling vinous and malt liquors or beer shall use no signs advertising the
existence of ouch business other than those authorized by the Texas Liquor Control Act.
B. Sale of beer and/or wine in restaurants
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1. The sale of any -vinous and malt liquors or beer by any dealer where the placed of
business is within three-hundred (300) feet of any hospital, public school, or church is
prohibited. The separation requirement of this subparagraph shall not apply to the
University of North Texas, Texas Woman's University, or between a dealer's place of
business and a hospital, public school, or church, if both are located within the Special
Exemption Area as depicted in Appendix D of this ordinance.
2. The sale of any vinous and malt liquors or beer by any dealer where the place of
business is within one-hundred (100) feet of any residential dwelling district is
prohibited, unless the dealer's place of business and the residential dwelling are both
located within the Special Exemption Areas as shown in Appendix D of this ordinance.
For the purpose of this condition "residential dwelling unit" shall mean any single
family, two family or multi family dwelling. The measurement of the distance shall
be along the property lines of the street fronts and front door, and in direct line.
3. Any restaurant serving vinous and malt liquors or beer abuts a residential property or
zoning district, a solid fence at least six (6) feet high shall be erected for the full
distance between the two (2) properties.
4. A restaurant shall not advertise on any sign (except on the menu) the fact that it sells
vinous and malt liquors and/or beer.
5. The word "restaurant" in this section shall mean any establishment which is clearly
utilized for service of food as its primary function, and where more than seventy (70)
percent of its gross revenues are derived from the sale of food, as opposed to revenues
derived from the sale of vinous and malt liquors and/or beer. The word "restaurant"
shall not include an eating establishment, commonly known as a drive-in, in which food
and beverages are delivered to the customer outside of the building, or in which food
and beverages purchased within the establishment are taken outside for consumption,
unless consumption outside is on the premises in an area adjacent to the restaurant and
not visible from any public street or way. The measurement of the distances referred
to above shall be along the property lines of the street fronts and from front door to
front door, and in direct line across intersfction.
C. Property Owned by the North Texas State F;Or Association
On-premises sale of beer and/or wine shall be permitted at the property owned by the
North Texas State Fair Association and more fully described in the deed to the Denton
County Agricultural Fair Association and recorded in Volume 346, page 199 of the
Deed Records of Denton County, Texas. The on-premises sale of beer and/or wine on
the fair property will be pursuant to the other conditions in this subsection and the state
Alcoholic Beverage Code, including the issuance of a temporary permit for the
on-premise sale of beer and/or wine.
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D. License to Manufacture, Sell, Distribute, Etc.
No person shall manufacture, sell, distribute or store any vinous and malt liquors and/or
beer or other alcoholic beverages, or engage in any other activity with relation to same
for which a permit is required by the state Alcoholic Beverage Code, within the city,
without first obtaining a license to do so from the city. The fee for such license shall
be an amount equal to one-half ('fr) the permit or license fee charged by tl.: state
Alcoholic Beverage Code.
E. Approval of Certificate; Fee for Signing Certificate
Before the City Secretary shall sign any certificate for an applicant for a permit or
license under the state Alcoholic Beverage Code, such certificate shall be submitted to
the Department of Community Development to assure that the application complies with
this article. A fee of twenty-five dollars ($25.00) shall be charged by the City Secretary
for signing any such certificate to defray the costs to the city.
F. Licensed Private Club
The operation of licensed private clubs will be permissible in the zoning districts listed
in Section 35-6 upon the following conditions:
1. A building utilized for the licensed private club shall be inspected and shall comply with
all local building codes, fire codes, and ordinances.
2. All sales and consumption must be within the establishment or in an area immediately
adjacent to the building and not visible from any public street or way.
3. A licensed private club may not operate within three hundred (300) feet of any hospital,
public school, or church. The separation requirement of this subparagraph shall not
apply to the University of North Texas, Texas Woman's University, or between a
dealer's place of business and a hospital, public school, or church, if both are located
within the Special Exemption Area. (Ord. No. 90-124)
4. A licensed private club may not operate within one hundred (100) feet of any residential
dwelling district, unless the dealer's place of business and the residential dwelling are
both located within the Special Exemption Area. For the purpose of this condition,
"residential dwelling unit" shall mean any single-family, two-family, or multifamily
dwelling.
5. The measurement of the distance shall be along the property lines of the street fronts and
from front door to front door, and in direct line across intersections.
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6. Where the a licensed private club abuts a residential property or zoning district, a solid
fence at least six (6) feet high shall be erected for the full distance between the two (2)
properties.
G. Nonconforming Uses
L. Any neighborhood grocery store or convenience store existing in a neighborhood
service (NS) zoning district as of May 4, 1976 shall be eligible for the off-premise safe
of beer and/or wine.
2.. Wholesalers and distributors of beer and/or vinous and malt liquors will be considered
as and fall within the "Storage or Sales Warehouse" use as contained in Section 35-15
of this Chapter.
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Sec. 35-332 PARKING AND LOADING REGULATIONS
A. Vehicle Parking Regulations
1. Except as provided in this section, no building or structure or part thereof shall be erected,
altered or converted for any use permitted in the district in which it is located, unless there
f shall be provided on the lot or tract off-street parking in the ratio of vehicle spaces for the
uses specified in the designated districts as provided in this section. An existing use lawfully
existing as of October 14, 1996, need not provide vehicle parking as set forth in this section,
and no existing vehicle parking in connection with the use as of October 15, 1996, may be
reduced below the minimum number of spaces as required in this section.
2. Parking lots shall conform to the specifications set forth in the Denton Development Code.
The parking spaces required to be provided shall be exclusive of any space required for solid
waste containers. In determining the number of parking spaces required to meet the
requirements of this article, no more than ten percent of the parking spaces meeting the
design standards for "compact" parking spaces, as set forth in the Denton Development
Code, shall be counted toward the total number of required parking spaces. Compact parking
spaces shall be reserved for compact vehicles. The parking lot's compact parking spaces
shall be visibly and distinctly marked as compact parking spaces.
3. In computing the off-street parking requirements for any development which includes more
than one distinct class of use (i.e. retail centers with restaurants, multifamily developments
with public convenience facilities, etc.) the total parking requirement shall be the sum of the
specific parking requirements for each class of use except as provided in Sec. 35-334. This
provision shall apply only when the uses are separate and distinct and shall not be construed
to exclude store room or offices from retail requirements. In all cases where two (2) or more
uses co-exist to perform a singular function within a structural unit, the parking requirement
shall be based on the gross area using the highest minimum parking requirement applicable.
4. Minimum parking requirements for an accessory use which is clearly related to the principal
use of a building, lot or tract and does not exceed twenty (20) percent of the total gross floor
area of all permitted uses in a building, lot or tract, shall be based on the parking
requirements as set forth in this Section for the primary use or the accessory use whichever
is less.
5 in the 2-F, MF-R, MF-l, MF-2, SF-3.5, SF-7, SF-10, SF-13, SF-16, SF-E and Planned
Development (PD) districts, no parking space, garage or carport or other automobile storage
space or structure shall be used for the storage of a:iy truck, truck trailer or van except panel
and pickup trucks not exceeding one ton capacity.
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b. For bench-type seating, a seat shall be determined by one (1) seat measuring eighteen (18)
inches widt.
7. The floor area of structures devoted to off-street parking of vehicles shall be excluded in
computing the off-street parking requirements of any use.
8. Off-street parking to serve a building or use of land may be provided on a tract or parcel of
land other than on which the building or use being served is located under the following
conditions:
a. The tract of parcel of land on which the building or use is located has been developed
so as to provide as much parking space thereon as could reasonably be used for such
purpose.
b. The building or use being served by any remote off-street parking space which is
necessary to meet parking requirements shall not be occupied or used until the owner
of the parcel or tract of land to be used for remote off-street parking space has executed
and recorded a declaration of restriction, legally binding, to restrict the use of the tract
of parcel of land for remote off-street parking space for parking purposes for so long
as the site being served shall require such parking space.
c. Once any off-street parking space has been provided to meet the requirements of any
zoning ordinance, such parking space shall not thereafter be reduced, eliminated, or
made unusable in any manner so long as such parking space is required by any
ordinance. Should such parking space be reduced, eliminated, or made unusable, the
Building Official may issue an order revoking any rertifrcate of occupancy issued for
the use of the building or use being served by the parking space.
d. Required off-street parking space shall be within five hundred (500) feet of the building
or use being served and shall provide convenient pedestrian access to the building or use
being served.
9. Parking incidental to the main use may include property immediately adjacent to property
occupied by the main use under the following conditions:
a. Parking incidental to the main use, and serving a nonresidential or multifamily use, is
not permitted to locate within single-family detached or two-family zoning districts.
b. If parking incidental to main use or remote parking is proposed adjacent to single-family
detached or two-family uses or zoning district, the following additional standards shall
apply:
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(1) Lighting facilities shall not distribute more than two-tenths (0.2) of one footcandle
across the property line shared with the single-family detached or two-family use
or zoning district.
(2) The parking lot shall be screened to prevent any glare or lights from vehicle
headlights to reflect upon a single-family detached or two-family use or zoning
district. The method used to accomplish this may include, but is not limited to a
six (6) foot fence or wall; dense planting of evergreen shrubs whose height is four
(4) foot at time of planting, or; a combination of plants and berms.
10. Off-street parking incidental to the main use shall be restricted to the following permitted
circumstances, subject to all other requirements specified by ordinance:
(a) On a lot or tract encompassing only one zoning classification, off-street parking incidental
to the inain use is permitted on the same lot or tract as the main use.
(b) On lots encompassing two (2) or more zoning classifications, off-street parking incidental
to a main use is permitted as follows:
1. Off-street parking may be located within MF-1, MF-2, P, OAR, 0, NS, GR, C, CB,
LI, HE] or HI zoning districts, if located within the same lot or tract as the main use.
2. Off-street parking incidental to nonresidential or multifamily (other than MF-R) main
uses may not be located in agricultural, single family, two family or multifamily
restricted zoning districts.
11. Due to the unstructured nature of temporary and occasional use of on-site facilities for rodeo
grounds and fairgrounds, parking for those uses is permitted on unpaved, grassy areas. The
area allocated for parking must confirm to the space requirements for paved parking as
required by the Denton Development Code. The number of spaces will be as required by
this article.
12. Compliance with the requirements of this section shall be considered a condition precedent
to the receipt of a Certificate of Occupancy from the City of Denton for any use. When
parking spaces are intended to serve two or more buildings, tracts or land uses, the number
of parking spaces may be calculated in accordance with the shared parking methodology in
section Sec. 35-334 of this ordinance.
B. Residential uses
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Single-family. two amity and Two (2) spaces for
each dwelling uOt.
Multifamily dwel iw:
One (1) space for each efficiency unit.
Two (2) spaces for each one and two bedroom unit.
Three (3) spaces for each three-bedroom or larger unit.
One space for each bedroom unit in dormitories, rooming houses, or other group housing
structure.
NxjiU& ome: One (1) space per six (6) beds plus one (1) space per employee on the largest
shift.
RptUCMCnt Home: One (1) space per bedroom, plus one (1) space per employee on the largest
shift.
planned Develoompnt district: Parking standard for dwelling units shall be established on the
detailed plan.
C. Institutional uses
Schools:
Elementary - One (1) space per employee, plus ten (10) spaces for visitors.
Junior High - One (1) space per fifteen (15) students
Senior High - One (1) space per one and three-quarters (1.75) students.
Colleges or InivergW- One (1) space per three (3) students and employees combined.
Fraternity or Sorority: One (1) space per bedroom, plus six (6) space per one-hundred (100)
square feet of assembly area.
Trade School: One (1) space per seventy (70) square feet of gross floor area.
Church: One (1) space per three (3) seats in sanctuary.
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Day Care or Preschool: One (1) space per ten (10) enrolled, plus one (1) space per employee.
A circular drive, which will adequately serve the same traffic load, approved by the Director of
Engineering, may be substituted for the required parking.
Library: Ten (10) spaces, plus one (1) space per three-hundred (300) square feet of gross floor
area.
Post Office: One (1) space per three-hundred (300) square feet of office and customer service
area; for a free-standing building minimum of five (5) spaces.
Correctional Facilities: One (1) space per ten (10) inmates.
Hospital: One (1) space per two (2) beds.
Funeral parlor:
Chapel area with fixed seats - One (1) space per three (3) fixed seats.
Chapel area without fixed seats - One space per forty (40) square feet of assembly area.
D. Recreational uses
Art Gallery or Museum: One (1) space per one-thousand (1,000) square feet of gross floor area;
minimum of five (5) spaces.
Country Club or Golf Course: Five (5) spaces per green area, plus one (1) space per two-hundred
fifty (250) square feet of public assembly area. Twenty-five percent (25%) of parking may be in
a pervious material.
Golf Driving Range: One (1) space per tee area.
Stables, boarding rental o private: One (1) space per two (2) stalls.
Rodeo Grounds: One (1) space per three (3) fixed seats. Due to the unstructured nature of the
use and the temporary or occasional use of the on-site facilities, parking is permitted on unpaved,
grassy areas. The area allocated for parking must conform to the space requirements for paved
parking as required by the Denton Development Code. The number of spaces will be as required
by this article.
Fairgrounds: One (1) space per one-thousand (1,000) square feet of gross site area. Due to the
unstructured nature of the use and the temporary or occasional use of the on-site facilities, parking
is permitted on unpaved, grassy areas. The area allocated for parking must conform to the space
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t~ requirements for paved parking as required by the Denton Development Code. The number of
spaces will be as required by this article.
Stadium. Auditorium or Assembly Hall: One (1) space per three (3) fixed seats.
Community Center or Recreation Center: One (1) space per one-hundred (100) square feet of
gross building area, plus one (1) space per three-thousand (3,000) square feet of gross site area.
Health Club: One (1) space per one-hundred fifty (150) square feet of gross floor area.
Bingo Parlor: One (1) space per three (3) fixed seats, or one (1) space per one-hundred (100)
square feet of gross floor area, which ever is greater.
Bowling A11ev: Six (6) spaces per lane.
Skating Rink: One (1) space per one-hundred fifty (150) square feet of skating area.
Dance Hall: One (1) space per one-hundred (100) square feet of gross floor area.
Amusement (outdoor l: One (1) space per one-thousand (1,000) square feet of gross site area,
AMu,;e=nl (indoorl: One (1) space per one-hundred (100) square feet of gross floor area.
Swimming Pool: One (1) space per seventy-five (75) square feet of pool surface area deck area.
Racquetball or Tennis Court: Four (4) spaces per court, plus one (1) space per three (3) fixed
seats.
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Theater (indoor One (1) space per three (3) fixed seats.
Private Club or Fraternal Lodge: One (1) space per one-hundred (100) square feet of gross floor
area.
E. Retail and service uses
Hotel or Motel: One (1) space per guest suite.
Food Preparation or Food Service: One (1) space per three (3) seats or one (1) space per one-
hundred (100) square feet of gross floor area, whichever is greater.
Retail Sales: One (1) space per two-hundred (200) square feet of gross floor area; in a
freestanding building a minimum of five (5) spaces, j
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Personal Services: One (1) space per two-hundred (200) square feet of gross floor area. For a
freestanding building a minimum of five (5) spaces.
Eurniture or Appliance Store (cxcl udi home electronic stores): One (1) space per five-hundred
(500) square feet of gross floor area.
Service Station or Auto Repair: Three (3) spaces per service bay, plus one (1) space per
employee.
h Car Wash )attendant): One (1) space per employee. Minimum of six (6) spaces.
Car Wash (self-service): One (1) space per wash bay.
Car Wash (self-service): One (1) space per washing module.
Automobile Sales: One (1) space per six-hundred (600) square feet of gross floor area, plus one
(1) space two-thousand (2,000) square feet of remaining site area.
Car Truck or frail r Rental: One (1) space per two-hundred (200) square feet of gross floor
area. Minimum of five (5) spaces.
Green House or Nursery: One (1) space per two-hundred (200) square feet of gross floor area,
plus one (1) space two-thousand (2,000) square feet of remaining site area.
Mini-Storage Warehouse: One (1) space per twenty (20) storage units. Minimum of four (4)
spaces.
Farmgrs Market: Two (2) spaces per vendor stall.
Flea Market: One and one-half (11h) spaces per two-hundred (200) square feet of gross site area.
F. Offices including medical
Offices. General: One (1) space per three-hundred (300) square feet of gross floor area. For a
free-standing building minimum of five (5) spaces.
Ranks and Similar Financial LtitutiQns: One (1) space per three-hundred (300) square feet of
gross floor area. For a free-standing building minimum of five (5) spaces.
Medical or Dental Offices: One (1) space per two-hundred fifty (250) square feet of gross floor
area. For a free-standing building minimum of five (5) spaces.
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Anima! Ciinic: One (1) space per two-hundred fifty (250) square feet of gross floor area. For
a free-standing Uuilding minimum of five (5) spaces.
Places of Public Assembly not listed:
With fixed seats - One (1) space per three (3) fixed seats.
Without fixed seats - One space per one-hundred fifty (150) square feet of assembly area.
G. Wholesale, industrial and miscellaneous
Distribution or Storaag}M r ho s : Four (4) spaces per one-thousand (1,000) square feet of
gross floor area.
Manufachtring Plan : One (1) space per two (2) employees or one (1) space per one-thousand
(1,000) square feet of gross floor area, whichever is greater.
Research Laboratory or Facility: One (1) space per one-thousand (1,000) square feet of gross
floor area.
Recycling collection center: A minimum of one parking space is required. When the facility is
operated by an attendant an additional parking space will be required.
Sec. 35-333 Handicap Parking Requirements
A. In each parking facility, a portion of the total number of parking spaces shall be specifically
designated as accessible parking spaces and reserved for the vehicles licensed by the State for
use by the handicapped. The following parking and passenger loading standards shall a, ;-ly
to any new construction within the City, as required by Federal $cg' ter / yol. 56. No. i44
as amended.
REQUIRED
TOTAL PARKING MINIMUM NUMBER
IN LOT OF ACCESSIBLE SPACES
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
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101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 ! of total
1001 and over 20 plus 1 for each
100 over 1000
B. Parking spaces and facilities intended for use by the handicapped shall be designed and
constructed in accordance with standards established by State Law, County and City
Ordinances and the Americans with Disabilities Act (ADA)
C. Accessible parking spaces shall be at least one hundred and eight (108) inches wide and shall
be served by an access aisle at least sixty ( 60) inches wide. The access aisle shall be part
of an accessible route to the building or facility entrance. Two accessible parking spaces may
share a common access aisle. Accessible parking spaces and access aisles shall be level with
surface slopes not exceeding 2% in all directions.
D. One in every eight accessible spaces but not less than one shall be served by an access aisle
not less than one hundred and eight (108) inches wide and provide a minimum vertical
clearance of ninety eight (98) inches at the parking space and along at least one vehicle access
route to such parking space from site entrance and exit. All such spaces shall be designated
"van accessible" and may be grouped on one level of a parking structure.
E. Accessible parking spaces shall be designated as reserved by a sign showing a symbol of
accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in
the space.
F. At least one accessible route within the boundary of a site shall be provided from public
transportation stops, accessible parking and accessible passenger loading zones, and public
streets or sidewalks to the accessible building entrance. The accessible route shall, to the
maximum extent feasible coincide with the route for the general public.
G. At least one accessible route shall connect accessible buildings, facilities, elements and
spaces that are on the same site.
H. An accessible route shall have a minimum clear width of thirty six (36) inches and provide
adequate space for turn around.
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I. If an accessible route has less than sixty (60) inches clear width, then passing spaces of least
sixty (60) inches by sixty (60) inches shall be located at reasonable intervals not to exceed
two hundred (200) feet. A T-intersection of two corridors or walks is an acceptable passing
place.
Sec. 35-334 Shared Parking Standards and W6,hodoiogy
Parking lots intended for a mix of uses may use the following:
A. Parking adjustment percentages by time of day
TQ14E OF DAY OFFICE RETAIL RESTAURANT TIE EATER HOTEL
6am - 12 noon 1.00 0.97 0.50 0.30 1.00
12 noon -1 m 0.90 1.00 0.70 0.70 0.30
Iprn - 4 pm 0.97 0.97 0.60 0.70 0.45
4 -6 0.47 0.82 0.90 0.80 0.70
6 -8 0.07 0.89 1.00 1.00 1.00
SET-12 midnight 0.03 0.61 1.00 1.00 1.00
S. Sampl° mixed use development comprised of.
Office at 50,000 sq. ft.
Retail at 20,000 sq. ft.
Restaurant at 8,000 sq. ft.
C. Individual Parking Requirements:
Office at I space per 300 sq. ft. x 50,000 sq. ft. = 167 spaces
Retail at 1 space per 200 sq. ft. x 20,000 sq. ft. = 100 spaces
Restaurant at 1 space per 100 sq. ft. x 8,000 sq, ft. =-p spaces
Total spaces required = 347
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D. Shared Parking Calculations for the sample are as follows:
TIME OF DAY OFFICE RETAIL RESTAURANT TO-
TAL
6am- 12 noon 1.00x167=167 0.97x100=97 0.50x80=40 304
12 noon - 1 m 0.90.,x167=150 1.00x100=100 0.70x80=56 306
1 m-4 m 0.97x167=162 0.97x100=97 0.60x80=48 307
4 m-6 m 0.47x167=79 0.82x100=82 1.00x90=80 241
6 m-8 m 0.07x167=12 0.89x100=89 1.00x80=80 181
8 em - 12 midnight 0.03x167=5 0.61x100=61 1.00x80=80 146
E. Solution to Example Calculation:
307 spaces required, i.e the highest total for any time period. Shared parking allows
for a 11.5 % savings from the 347 spaces.
Sec. 35-335 Parking Requirement For New or Unlisted Uses
A. Where questions arise concerning the minimum off-street parking requirement for any use
not specifically listed, the requirements may be interpreted as those of a similar listed use.
B. Where a determinati )n of the minimum parking requirements cannot be readily ascertained
for new or unlisted uses or where uncertainty exists, the minimum off-street parking
requirements shall be established by the same process as provided for classifying new ar-d
unlisted uses.
Sec. 35-336 Off-Street Loading Regulations
All retail, commercial, industrial and service structures except for existing buildings within the
Central Business District, shall provide and maintain off-street facilities for receiving and loading
merchandise, supplies and materials within a building or on the lot or tract adjacent to the main
use. Such off-street loading space may be adjacent to a public alley or private service drive or
may consist of a truck berth within the structure. Off-street loading space or truck berth shall
consist of a minimum area of ten (10) feet by forty five (45) feet, and such spaces or berths shall
be provided in accordance with the following schedules:
A. For normal retail, commercial sales service or industrial use buildings and establishments,
off-street loading facilities shall be provided in accordance with the following schedule:
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SQUARE FEET OF GROSS FLOOR MINIMUM REQUIRED
AREA IN STRUCTURE SPACES OR BERTHS
0 to 10,000 None
10,001 to 50,000 1
50,001 to 100,000 2
100,001 to 200,000 3
Each additional 100,000 1 additional
B. For hotels, office buildings, restaurants and similar establishments, off-street loading
facilities shall be provided in accordance with the following schedule:
SQUARE FEET OF GROSS FLOOR MINIMUM REQUIRED
AREA IN STRUCTURE SPACES OR BERTHS
0 to 10,000 None
10,001 to 150,000 1
150,001 to 300,000 2
300,001 to 500,000 3
Each additional 350,000 1 additional
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Scc. 35-340 SEXUALLY ORIENTED BUSINESSES
Sec. 35-341 Purpose
It is the purpose of this section to regulate sexually oriented businesses to promote the health,
safety, morals, and general welfare of the citizens of the City, and to establish reasonable and
uniform regulations to prevent the concentration of sexually oriented businesses within the
City. The provisions of this section have neither the purpose nor effect of imposing a
limitation or restriction on the content of aw,, communicative materials, including sexually
oriented materals. It is not the intent nor effect of this section to restrict or deny access by
.,duns to sexually oriented materials protected by the First Amendment, o• to deny access by
the distributors and exhibitors of sexually oriented entertainment to their intended market.
Sec. 35-342 Classification of Sexually Oriented Businesses
Sexually oriented businesses are classified as follows:
(a) adult arcades;
(b) adult bookstores or adult video stores;
( c) adult cabarets;
(d) adult motels;
(e) adult motion picture theaters;
(f) adult theaters;
(g) escort agencies;
(h) nude model studios; and
0) sexual encounter centers.
Sec. 35-343 Location of sexually oriented businesses
A sexually oriented business shall not be located within 1,000 feet of any of the
following:
1. a boundary of a residential zoning district;
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3. a church or rectory, as defined in this ordinance;
4. a public or private school, as defined in this ordinance;
5. a day nursery or kindergarten, as defined in this ordinance; or
6. a park or playground, as defined in this ordinance, if any portion of the park or
playground, or a street abutting any portion of the park or playground, is within
or abuts a residential district.
B. For purposes of Subsection A, measurement shall be made in a straight line, without
regard to intervening structures or objects, from the nearest portion of the building
or structure used as a part of the premises where a sexually oriented business is
conducted, to the nearest property line of the premises of a church or rectory, public
or private school, day nursery or kindergarten, or to the nearest boundary of an
affected public park or playground, residential district, or lot devoted to a residenti al
use.
C. No sexually oriented business shall be located within 1,000 feet of another sexually
oriented business. The distance between two sexually oriented businesses shall be
measured in a straight line, without regard to intervening structures or objects, from
the closest exterior walls of the structures in which the businesses are located.
D. No more than one sexually oriented business shall be located in any one building or
structure.
Sec. 35-344 Enforcement
Any person violating any provision of this article, upon conviction, shall be punished as
provided in section 1-12 of this code.
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ARTICLE VII PROCEDURES
Sec. 35-350 ZONING AMENDMENTS
A. Generally. Any person having a proprietary interest in any property may petition the city
council or the planning and zoning commission for a change or amendment to the provisions
of this chapter, or the planning and zoning commission may on its own motion or on request
from the city council institute study and proposal for changes and amendments in the public
interest.
B. Procedure. The following procedures shall be used in amending this chapter.
I. The city council may, from time to time, amend, supplement or change by ordinance the
boundaries of the districts or the regulations established in this chapter as provided by the
statutes of the state,
2. Before taking action on any proposed amendment, supplement or change, the city council
shall receive a report and recommendation from the planning and zoning commission.
3. The planning and zoning commission shall hold a public hearing on any application for
any amendment or change prior to making its recommendation and report to the city
council. If the commission recommends denial of the zoning change, such request shall
not be referred to the council unless the applicant, within ten (10) days of the commis-
sion's decision, shall file a request in writing with the planning and zoning commission
or the city council, requesting that the council review the commission's recommendation.
Written notice of all public hearings before the planning and zoning commission on a
proposed amendment or change shall be sent to all owners of real property within the area
proposed for a change in zoning and lying within two hundred (200) feet of property on
which the change is requested. Such notice shall be given not less than ten (10) days
before the date set for hearing by posting such notice property addressed and postage-paid
to each taxpayer as the owner on the last approved city tax roll or the owner as stated in
current Denton County Appraisal District records.
4. A public hearing shall be held by the city council before adopting any proposed
amendment, supplement or change. Notice of such hearing shall be given by publication
in the official newspaper of the city stating the time and place of such hearing, which time
shall not be earlier than fifteen (15) days from the date of publication.
5. In case of a written protest against such change signed by the owners of twenty (20)
percent or more of either the area of the lots er land included in such proposed change or
of the lots or land immediately adjoining the proposed change and extending two hundred
(200) feet therefrom, such amendment shall not become effective except by the favorable
vote of three-fourths of all members of the city council. A withdrawal of a written protest
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must be made in writing. Furthermore, a favorable vote of three-fourths of all members
of the city council is required to overrule a recommendation of the planning and zoning
commission that a proposed amendment, supplement or change be denied.
6. No petition for a change in a zoning district shall be heard for a particular parcel of
property if within twelve (12) months prior to the date of such petition: (a) a petition for
a change of zoning for the same or a less restrictive zoning district for the same property
was denied by the city council; or (b) the petition is withdrawn after the Planning and
Zoning Commission bearing and a recommendation is made for denial; or (c ) there is no
appeal of the Commission's recommendation to deny the change ar amendment;
provided, however, that the city council, upon finding that there has l een a substantial
change in conditions in the area in the twelve month period that would warrant a
reconsideration of the prohibited rezoning request, may allow such petition to be heard.
For purposes of this subsection, the Single Family "SF-E" zoning district listed first in the
heading of the schedule of uses shall be considered the most restrictive zoning district, and
each zoning district thereafter listed in succession in such schedule shall be considered to
be less restrictive than the prior listed zoning district. The provisions of this subsection
shall not apply to applications for more restrictive zoning districts or applications for more
restrictive conditioned zoning.
C. Filing fees. Any person petitioning for a change or amendment to the provisions of this chapter
or amendments to this chapter, pursuant to this subsection, shall pay to the department of
planning and development a filing fee in an amount determined, and as from time to time
amended, by ordinance approved by the city council, a copy of which ordinance is on file with
such department.
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See, 35-360 CONDITIONED ZONING
Sec. 35-361. PURPOSE
This article allows the City Council to impose conditions and restrictions on the use of land and
buildings when approving a change in zoning district classification when necessary to mitigate
adverse impacts or incompatibilities of land uses which might otherwise result at a specific site.
Sec. 35-362. GENERAL, PROVISIONS
A. Every condition or use restriction established under this article shall be considered an
amendment to the regulations of the district and shall be incorporated in the ordinance
providing for the change in zoning.
B. The procedures applicable to a request for a change in zoning district classification, including
notice, public hearings and written protests, shall apply to any modification of any condition
or restriction imposed under this article.
C. This article does not authorize a land use which is not a permitted use in a zoning district and
no requirement of any ordinance shall be waived or made less strict through the application of
this article. The Council may prohibit a land use otherwise permitted in a zoning district if
necessary to insure the compatibility of land uses.
D. The Department, Commission, or Council may require the applicant to submit plans, a site
layout, maps, sketches, drawings, written statements, impact analyses or other information if
determined necessary to review, make a recommendation, or decision on the application.
Sec. 35-363 CONDITIONS AND RESTRICTIONS
In order to safeguard public safety and welfare of citizens, protect properties from adverse impacts
and incompatibilities and to implement the policies of the Denton Development Plan, the Planning
and Zoning Commission may recommend and the City Council may impose conditions and
restrictions on the property being rezoned, including, but not be limited to, one or more of the
following matters:
(a) Setbacks for buildings or structures.
(b) Public street access.
(c ) Drainage.
(d) Vehicular traffic circulation, parking lots or spaces.
(e) Screening or buffers.
(f) Hours of operation.
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(g) Activities permitted on the property.
(h) Building or structure heights.
(1) Landscaping.
` Q) Impervious surface area.
(k) Floor area ratio.
(1) Pedestrian circulation.
(m) Signs.
(n) Mitigation of noise fumes, odors, vibration, or airborne particles.
(o) Exterior lighting.
(p) Building facades and exterior construction materials.
(q) Special fire protection measures.
(r) Outside storage and display of merchandise.
(s) Refuse and waste storage.
(t) Other conditions or restrictions as shown on a site plan.
Sec. 35-364 ZONING DISTRICT MAP
Any property approved for a change of zoning district classification with conditions or restrictions
as authorized by this article shall be shown on the zoning district map with the abbreviated
designation of the district followed by (c), to show the property as a conditioned zoning district.
See. 35-365 VARIANCES AND SPECIAL EXCEPTIONS
The Board of Adjustment may not grant variances or special exceptions to any of provisions in the
conditioned zoning regulations.
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See. 35-370 SPECIFIC USE PERMIT
Sec. 35-371 PURPOSE
This section provides the City Council the opportunity to deny or conditionally approve those use
for which specific use permits are required. These uses generally have unusual nuisance
characteristics or are of a public or semi-public character often essential or desirable for the general
convenience and welfare of the community. However, because of the nature of the use, or possible
adverse impact on neighboring properties of the use, review, evaluation and exercise of planning
judgement relative to the location and site plan of the proposed uses are required.
A specific use permit authorizes the specific use of a property as described on the permit, in
addition to the list of permitted uses for that zoning district as provided for in Section 35-15 of this
chapter. The issuance of a specific use permit in no way constitutes a zoning amendment under
Section 35-350 of this chapter.
Sec. 35-372 PERMIT REQUIRED
A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning
district which permits that use only as a specific use unless a specific use permit has first been issued
in accordance with the provisions of this article.
Sec. 35-373 APPLICATION PROCEDURES
An application for a specific use permit shall be filed with the Planning and Development
Department on a form supplied by that department. The application shall be accompanied by a site
plan which, along with the application, will become a part of the specific use permit. In addition to
the site plan requirements, the following additional information shall be reflected on the site plan:
A. Data describing all processes and activities involved with the proposed use;
B. The location of each existing structure in the area covered by the site plan and the location of
all entrances and exits of the proposed building;
C. The location, height and type of each wall, fence, and all other types of screening;
D. The location, height and size of all proposed signs.
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Sec. 35-374 PROCEDURES
1. The planning and zoning commission shall hold a public hearing on any application for
a specific use permit prior to making its recommendation and report to the city council.
I►
If the commission recommends denial of the application, such request shall not be referred
to the council unless the applicant, within ten (10) days of the commission's decision,
shall file a request in writing with the planning and development department, requesting
that the council review the commission's recommendation. Written notice of all public
hearings before the planning and zoning commission shall be sent to all owners of real
property within the area of the specific use permit and lying within two hundred (200)
feet of property on which the specific use permit is requested. Such notice shall be given
not less than ten (10) days before the date set for hearing by posting such notice properly
asdressed and postage-paid to each taxpayer as the owner on the last approved city tax
roll.
2. A public hearing shall be held by the city council before consideration of the specific use
permit. Notice of such hearing shall be given by publication in the official newspaper
of the city stating the time and place of such hearing, which time shall not be earlier than
fifteen (15) days from the date of publication.
3. In no situation shall a super majority vote of the Council be required for the approval of
a specific use permit.
Sec. 35-375 CONDITIO1'S FOR APPROVAL
A specific use permit shall be issued only if all of the following conditions have been found:
A. That the specific use will be compatible with and not injurious to the use and enjoyment of
other property, nor significantly diminish or impair property values within the immediate
vicinity;
B. That the establishment of the specific use will not impede the norm a! :d orderly development
and improvement of surrounding vacant p,operty;
C. That adequate utilities, access roads, drainagt A other necessary supporting facilities have
been or will be provided;
D. The design, arrangement, grid location of all driveways and parking spaces provides for the safe
and convenient movement of vehicular and pedestrian traffic without adversely affecting the
general public or adjacent developments;
E. That adequate nuisance prevention measures have been or will be taken to prevent or control
offensive odor, fumes, noise, dust and vibration;
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F. That directional lighting will be provided so not to disturb or adversely affect neighboring
properties; and
G. That there are sufficient landscaping and screening to ensure harmony and compatibility with
adjacent property.
Sec. 35-376 ADDITIONAL CONDITIONS
In authorizing a specific use permit, The planning and zoning commission may recommend and the
II city council impose additional reasonable conditions necessary to protect the public interes, and
welfare of the community including a time period for which a specific use permit is valid.
Sec.35-377 TIME LIMIT
A specific use permit issued under this section shall become null and void unless construction or use
is substantially underway within one year of the issuance of the permit unless an extension of time
is approved by the city council.
Sec. 35-377 REVOCATION
A specific use permit may be revoked or modified, after notice to the property owner and a hearing
before the city council, for either of the following reasons:
(a) The specific use permit was obtained or extended by fraud or deception; or
(b) That one or more of the conditions imposed by the permit has not been met or has been
violated.
Sec. 35-378 AMENDMENTS
The procedure for amendment of a specific use permit shall be the same as for a new application,
provided however, that the Director of the Planning and Development Department may approve
minor variations from the original permit which do not increase density, change traffic pattems, or
result in an increased external impact on adjacent properties or neighborhoods. Appeal of the
Director's determination may be made to the Planning and Zoning Commission in writing w::'iin
ten (10) days of such determination.
See, 35-379 PROCESSING FEE
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A tY,cson making application for a specific use permit stall pay a fee in an amount determined, and
as from time to time amended.
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See. 35-380 BOARD OF ADJUSTMENT
See. 35-381 ORGANIZATION OF BOARD OF ADJUSTMENT
(a) Membership: The Board of Adjustment (Board) shall consist of five (5) members, each to
be appointed by the City Council for a staggered tenn of two (2) years and removable for cause
by the City Council upon written charges and after public hearing. Vacancies shall be filled for
the unexpired term of any member, whose place becomes vacant for any cause, in the same
manner as the original appointment was made.
(b) Alternates: The City Council shall appoint two (2) alternate members of the Board who
shall serve in the absence of one or more of the regular members when requested to do so by
the Mayor or City Manager, as the case may be. The Mayor explicitly herein delegates the
authority to ask alternate members of the Board to serve, to the Chairman of the Board. The
alternate members, when appointed, shall serve for the same period as the regular members,
which is for a term of two (2) years, and any vacancy shall be filled in the same manner as for
regular members, and shall be subject to removal in the same manner as the regular members.
Sec. 35-382 JURISDICTION OF BOARD OF ADJUSTMENT.
When in its judgment, the public convenience and welfare will be substantially served and the
appropriate use of the neighboring e substantially in)jured the Board may, in
property will not b
specific cases, after public notice and public hearing, and subject to appropriate conditions and
safeguards, act upon the following matters, as identified below.
(a) Review of Administrative decisions. The Board may hear and decide appeals from an
Administrative officer where it is alleged there is error on any order, requirement, decision
or determination made by any officer in the enforcement of this ordinance.
However, the Board has no jurisdiction to resolve uncertainties over zoning district
boundary lines as provided for in Section 35-8 or to resolve uncertainties over authorized
districts for new or unlisted uses as provided for in Section 35-14 of this chapter.
(b) Nonconforming Uses and Structures. The Board may:
(1) Evaluate and cause the termination of nonconforming uses after considering the
actual investment in the structure(s).
(2) Evaluate and consider the change of a nonconforming use to another nonconforming
use.
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(3) Consider the replacement, renovation, remodeling or repair to nonconforming
structure(s).
(c) Variances - The Board may authorize in specific cases a variance from the terms of a
zoning ordinance if the variance is not contrary to the public interest and, due to special
conditions, a literal enforcement of the ordinance would result in unnecessary hardship,
and so that the spirit of the ordinance is observed and substantial justice is done.
(d) Special Exceptions -The board may hear and decide special exceptions to the terms of the
zoning ordinance when the ordinance requires the board to do so.
See. 35-383 RULES OF PROCEDURE; MEETING; RECORDS.
(a) The Board shall adopt rules to govern its proceedings provided, however, that such rules
are not inconsistent with this chapter or state law.
(b) Meetings of the Board shall be held at the call of the chairperson or at such other times
as the B.)ard may 6etermine.
(c ) The chairperson, or in his or her absence, the acting chairperson, may administer oaths
and compel the attendance of witnesses.
(d) All meetings of the board shall be open to the public.
(e) All cases to be heard by the Board will always be heard by seventy five (75) percent of
its members.
(f) The Board shall keep minutes of its proceedings, showing the vote of each member upon
each question, or if absent or failing to vote indicating sukh fact, and shall keep a record
of its examinations and other official actions, all of which shall be immediately filed in
the office of the Board and shall be of public record.
(g) The concurring vote of seventy five (75) percent its members shall be necessary to reverse
any order, requirement, decision or determination of any administrative officer, or to
decide in favor of the applicant ca any matter upon which the Board is required to act
under this chapter or to cause any variance in this chapter.
Sec. 35-384 NOTICE OF PUBLIC HEARINGS
The Board shall hold a public hearing on all applications and appeals made thereto. It shall first send
written notice of such public hearing to the applicant and all other persons who are owners of real
property lying within two hundred (200) feet of the property on which the application fo• variance,
appeal or special exception is made. Such notice shall be given not less than ten (10) days before the
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date set for the hearing to all owners of real property as the ownership appears on the last approved
city tar roll. Such notice may be served by depositing the same properly addressed and postage paid
in the United States Post Office. Notice shall also be given by publishing the same at least one (1)
time in a newspaper of general circulation in the City of Denton at least ten (10) days prior to the
date of such hearing, which notice shall state the time and place of suLa hearing.
Sec. 35-385 APPEALS
(a) Appeals to the Board can be taken by any person aggrieved, or by an officer, department,
or Board of the municipality affected by any decision of any officer relative to the
enforcement of this ordinance. Such appeal shall be taken within fifteen (15) days time
after the decision has been rend.red by an officer, by filing with the officer from whom
the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof,
and upon payment of a fee in an amount determined by the City Council. The board may
waive such filing fee when it appears to the board that the particular property is adversely
affected by circumstances created by the city, not the appellant, and that an exception to
the zoning regulations be granted. The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers constituting the records upon which the
decision of the officer was based.
(b) In exercising its powers, the Board may, in conformity with the provisions of TEX. LOC.
GOVT CODE 211.001 through 211.013 as existing or hereafter amended, reverse or
affirm, wholly or partly, o-., may modify the order, requirements, decision, or determina-
tion appealed from and make order, requirement, decision or determination in the Board's
opinion, as ought to be made and shall have all the powers of the officer from whom the
appeal is taken. The Board shall have the power to impose reasonable conditions to be
complied with by the applicant.
I
(c) An appeal shall stay all proceedings in furtherance of the action appealed from unless the
officer from whom the appeal is taken certifies to the Board, after the notice of appeal
shall have been filed, that in his or her opinion such stay will cause imminent peril to life
or property. In such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board or a court of record on application or notice to
the officer from whom the appeal is taken and on due cause shown.
Sec. 35.386 LIMITATIONS ON RECONSIDERATION OF APPEALS
No appeal to the Board shall be allowed prior to the expiration of six (6) months from a previous
ruling by the Board on any appeal to such body unless other property in the immediate vicinity has
within the said six (6) month period been changed or acted on by the Board or City Council so as
to alter the facts and conditions upon which the previous Board action was based, as determined by
the Board. Such change of circumstances shall permit the rehearing of an appeal by the Board prior
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to the expiration of a six (6) month period, but such conditions shall not have any force in law to
compel the Board, after a hearing, to grant a subsequent appeal, such subsequent appeal shall be
considered entirely on its merits and the peculiar and specific conditions related to the property on
which the appeal is brought.
Sec. 35-387 REMEDIES AVAILABLE FROM AN APPEAL
At a public hearing relative to an appeal, any interested party may appear before the Board in person
or by agent or by attorney. The burden of proof shall be on the applicant to establish the necessary
facts to warrant favorable action of the Board on any matter. Any action granting a variance
authorizing the issuance of a building permit or Certificate of Occupancy shall be valid only for a
period of six (6) months from such action, unless said building permit or Certificate of Occupancy
is secured in the six (6) month period, in which event the action shall be permanent. The Board shall
have the authority to grant a longer period. If said building pemut or Certificate of Occupancy is not
secured within the six (6) months period, or within any extended period granted by the Board, the
cction of the Board shall become void without prejudice to a subsequent appeal and such appeal shall
be subject to the same regulations and requirements for hearing as herein specified for the original
appeal.
See. 35-388 NONCONFORMING USES AND STRUCTURES
(a) Amortization of Nonconforming Uses. The Board may require the discontinuance of
nonconforming uses of land or stricture under any plan whereby the full value uf the
structure and facilities can be amortized within a definite period of time, taking into
consideration the general character of the neighborhood and the necessiryy for all property
to conform to the regulations of this chapter. All actions to discontinue a nonconforming
use of land and structure shall be taken with due regard for the property rights of the
persons affected when considered in the light of the public welfare and the character of
the area surrounding the designated nonconforming use and the conservation and
preservation of property. The board shall, from time to time, on its own motion or upon
cause presented by the City or an aggrieved person, inquire into the existence, continua-
tion or maintenance of any nonconforming use within the city.
(b) Criteria for Determining Amortization Period. Before the Board may determine an
amortization period, it must consider the following factors:
(1) The owner's capital investment in the structures on the property at the time the use
became nonconforming.
(2) The amount of the investment realized to date and the amount remaining, if any, to
be recovered during the amortization period.
(3) The life expectancy of the investment.
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(4) The existence or nonexistence of lease obligations, as well as any contingency
clauses therein permitting termination of such leases.
(5) Removal costs that are directly attributable to the establishment of a termination
date.
(6) Other costs and expenses that are directly attributable to the establishment of a
termination date.
(e) Discontinuation of Nonconforming Uses.
(1) If the board establishes a termination date for a nonconforming use, the use must
cease operations on that date and the owner may not operate it after that date unless
it becomes a conforming use.
(2) The right to operate a nonconforming use terminates if the nonconforming use is
discontinued or remains vacant for six months or more. The Board may grant an
exception to this provision only if the owner can state an extreme circumstance that
demonstrates that there was not an intent to abandon the use even though the use was
discontinued for six months or morn.
(3) A nonconforming use terminates when the structure housing the use is destroyed by
the intentional act of the owner or his agent.
See. 35-389 NONCONFORMING STRUCTURES
4
(a) A person may renovate, remodel, repair or rebuild a nonconforming structure without Board
approval if the work does not increase the degree of nonconformity nor enlarge the
nonconforming structure. A person shall comply with all applicable codes and ordinances
when renovating, remodeling or repairing a structure housing a nonconforming use that has
been approved by the Board.
(b) The right to rebuild a nonconforming structure terminates if the structure is destroyed by
the intentional act of the owner or the owner's agent. If a nonconforming structure is
damaged or destroyed other than by the intentional act of the owner or owner's agent by less
than fifty (50) percent of the replacement cost of the structure on the date of the damage,
a person may restore or reconstruct the structure without Board approval.
Sec. 35.390 Variances.
(a) A variance may be granted when the Board finds;
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(1) That there are special circumstances or conditions applying to the land or building for
which the variance is sought, which circumstances or conditions are peculiar to such
land or building and do not apply generally to land or buildings in the same zone or
neighborhood, and that said circumstances or conditions are such that the strict
application of the provisions of this ordinance would deprive the applicant of the
reasonable use of such land or building; and
(2) That the granting or such variance will not be detrimental to the public welfare or
injurious to the property or improvements in such zone or neighborhood in which the
property is located; and
(3) That the granting of the variance is necessary for &,e reasonable use of the land or
building and that the variance as granted by the Board is the minimum variance that
will accomplish this purpose; and
(4) That the literal enforcement and strict application of the provisions of this ordinance
will result in an unnecessary hardship inconsistent with the general provisions and
intent of this ordinance and that in granting such variance the spirit of the ordinancc
will be preserved and substantial justice done.
(b) In granting any variance under the provisions of this Article, the Board may designate such
conditions in connection therewith which, in its opinion, will secure substantially the
purpose and intent of this ordinance.
(c ) The Board may permit such variance of the front yard, side yard, rear yard, lot width, lot
depth, coverage, minimum setback standards and landscaping where the literal enforcement
of these provisions would result in an unnecessary hardship, and where such variance is
necessary to permit a specific parcel of land which differs from other parcels of land in the
same district by being of such restricted area, shape or slope that it cannot be developed in
a manner commensurate with the development permitted upon other parcels of land in the
same district.
(d) A variation from the standards established by this ordinance shall not be granted to relieve
a self-created or personal hardship, nor for financial reason only, nor shall such modifi-
cation be granted to permit any person a privilege in developing a parcel of land not
permitted by this ordinance to other parcels of land in the district.
Sec, 35-391 SPECIAL EXCEPTIONS
(a) A special exception may be granted when the Board finds that:
(1) the exception is in harmony wM the ordinance;
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(2) the public welfare and convenience are substantially served;
(3) neighboring property is not subsl..ntially injured;
(4) exceptions will not alter essential character of the district and immediate location; and
(5) the exception will not weaken the general purposes of the regulations.
(b) In determining its finding, the Board shall take into account the character and use of
adjoining buildings and those in the vicinity, the number of persons residing or working in
such building or upon such land, traffic conditions in the vicinity, and conformance of such
area to the Official Zoning Map and comprehensive plan.
(c ) In granting any special exception under the provisions of this ordinance, the Board may
designate such conditions in connection therewith which, in its opinion, will secure
substantially the purpose and intent of this ordinance.
(d) The Board may, after public hearing and subject to the conditions and safeguards herein
contained, authorize special exceptions to this ordinance, limited to the following:
(1) A person shall not expand a nonconforming use beyond the lot on which the use is located,
except the Board may permit the person to provide off-street parking or loading spaces on
another lot.
(2) The Board may au,`,ori?e the reconstruction and occupancy of a nonconforming structure,
or a structure containing a nonconforming use, where such structure has been damaged by
fire or other causes to the extent of more than fifty (50) percent, but less than the total, of
the replacement cost of the structure on the date of the damage. The structure must be
restored or reconstructed so as to have the same approximate height and floor area that it
had immediately prior to the damage or de:Wction. The property owner has the burden
of proof to establish the height and floor area of the structure immediately prior to the
damage or destruction. A restoration or reconstruction in violation of this paragraph
immediately terminates the right to operate the nonconforming use.
See. 35-392 SIGNS
The provisions of this Article shall not apply to the regulation of signs. Appeala, variances
and special exceptions involving signs shall be heard by the Sign Board of Appeals.
Sec. 35-193 VARIANCES TO LOT STANDARDS
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Only when the Planing and Zening Commission is considering a plat or a replat which
proposes to create ~ ew lots, the commission may consider variances to lot area, yards,
widths and depth standards of the general zoning ordinance. In considering such
variances, the commission shall follow the same variance procedures and variance criteria
as the zoning board of adjustment. A concurring vote of seventy five (75) percent of the
commission shall be required to approve a variance as specified under this section.
Sec. 35-394 SUDICIAL REVIEW! OF BOARD DECISION
Judicial review of a Board decision shal l be in accordance with TEX. LOC. GOVT CODE
§ 211.011, as amended.
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ARTICLE VIII APPENDICES
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APPENDIX A-MEASURING LOT DIMENSIONS
Figure 1 Lot Width
Illustrations of lot width are as follows:
FRONT YARD FRONT YARD FRONT YARD
BUILDINO LINE BUILDING LINE BUILDING LINE
LOT WIDTH LOT WIDTH 'LOT WIDTH
(A) (8) (C)
d
z
Figure 2 Lot Depth
Illustrations Of'lot depth are as follows:
STREET STREET
S
= F-
0
0. n
lair w °
° r o
0 O J
J '
C;dE fNf ~
ALLEY (C)
ie,
(A)
Figure 3 Yards
Illustrations of yards are as follows: STREET
STREET
D
FRONT YARD It
REA
J5ARFA UILLIINO AREA
RESIDENTIAL
STRUCTURE O% OF THIS BUILDING LINE BE
MAY BE Y
ACOVERFDBY
C AERED BBY ACCESSOR
BUILDING Y LINED~G
LINE INOALL
FYOREASE%1k3NT ;~tMlNt
t
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Figure 4 Corner Lots.
Illustrations of comer lots are as follows:
STREET STREET I f
FRONT OF LOT FMiT YAAD I I I /
IS VOE OF (EAST
' ._..DILBLSlDO._,
p I L
MAY KVAFSED 0 STREET
ON PLAT %
6 W it APPAOVEO BY I 30 C FRONT YARD
al r "°a(; I----r-~~<
c*m1 o J I I `'I
REAR YARO yy~y EE
LOT PLATT ED PRIOR LOT PLATT Ep TO 071cmDATE p p~N4NCE~ ~i c) I FRONT YAADD STAN O • IF
OF OADN"E I APPROVED ON PUT
F I BY PLAMNO AND ZOMNO
2 OOMAIBBION
O
Figure 5 Method of measuring front yard.
The illustration of the method of measuring the front yards is as follows:
5~
SPECIFIED FRONT YARD
I
PROPERTY LINE
I
s
} oa
f;
Figure 6 Double frontage lots.
Illustrations for double frontage lots are as follows:
BUILDING LINE FOR
ACCESSORY BUILDING
STREET PESTABLISHED INANCE
FRONT
YARD
STANDARD
ARDS
YRONT
FRONTAGES I
RR N
YARDT_' I PRDT
STREET
Figure 7 Front yard zoning changes In a block.
The Illustration of a front yard where zoning changes in a block is as follows:
IN SPLIT ZONING FRONT YARD REMAINS
UNIFORM THti000HOUT BLOCK
SF-7 SF-7 E SF-7 SF-7 NS NS NS N5
FRONT YARD
STREET
I
F
Figure 8 Interpretation average front yard depth var`.zs.
The illustratlon for the interpretation of the average front yard where depth varied
is as follows:
Basis of Computation
Existing BuRdings Computed M?almum Setbacks
A 31.25' average
Lots Set Back B 25' need not set beck over 10? from C
C 15' C 15' existing
D 3s' D as, existing
E 35' E 35' existing
F 31.25' average
G 41.25' need not set back over 10 from F
H 65' H 65' existing
'Other foie by 35.91(f)(2)a, 4 = 25' Average Line = 31.25'
Wyk
2
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~r A e C 0 E F G
` Hey
WUA
_
x x 3535' x x 65~
I~
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Figure 9 Side Yard standards for attached single-family dwellings.
The Illustrations for side yard standards for attached single-family dwellings
Is as follows:
N MAXIMUM 200'-l SIDE YARD
~I l i l l l r l l l~
w SIDE YARD
N
L-L -1
STREET
r
r7!.ac•w~
f
r~
Figure 10 Corner Lot With Driveway On Side Street
r~
STREET F 1 i~LENGTH OF ORIVEW:.Y
MUST BE A MIN. 20,
E
0
6
4
E
.F
r
APPENDIX B-BUILDING VARIABLES r-
Figure 1 Floor area ratio.
The Illustration for floor area ratio Is as follows;
EACH DRAWING ILLUSTRATES FLOOR AREA RATIO OF CI
Figure 2 Setback standards for high-rise apartm ant and similar struut!ires.
The Illustration for high-rise apartment and similar structures Is as follows;
U3
a
WW
G
N W a
A(a)
WHEN HEIGHT EQUALS 2gl FRONT YARD MEASURED FROM
STREET CENTERLINE MU BE MINIMUM OF (a). SIDE AND
MIN MUM DIMENSION OF (al) WHEN HEIGHT 1S 2(a) ~RN NO CASE
NEED {a) EXCEED 50 FEET.
S
aaa
4
t'
f.
Figure 3 Special apartment spacing on same lot.
The Illustratloh for special apartment spacing on the same lot Is as follows:
10` 10~
i5~ 10~ 10'
20, 2d
r`
m
W
15~ t0! 10~
rn
251 25~
STREET
ONE OR TWO STORY BUILDING
a. a Separation between buMdng walls which do not have windows or openings
!or Wjht or air.
b. 20 Separation between bulld g walls which do hats windows or openings
for Oght or air.
s
F
t
APPENDIX C-PARKING DOTS
Figure 1 SPACE USED FOR VARIOUS PARKING
SPACE DIMENSIONS AND MANEUVERING AREAS
22' 22' 22' 22' w
N
PARALLEL z N= ~
z
J
v
z
L 18..
18 18 18• 18'
H 14- 2,1•
-it
w
30° co
a N= L-2
co 0
~B • N Z
O
z
L 18
12.72 12.72' 12.72' 12.7 2,7 ' 6.36
w
45° °i a N= L-6
gyp. -
M Z
~ J
U
z
b
F
L
21
10.4' 10.4' 10.4
\,,I
w
60° O
N
N
N a , 6.40
M Z
9 D
i
J
U
z
L
9. 9.0 9.0 9.0 ~29Nam
90° co w
N
a
N z
~ Z
O
J
U
z
N - NUMBER OF PARKING SPACES
L - LENGTH OF PARKING SAYS
r
4
Y,
COMPACT PARKING SPACES
Figure 2
I9'-o" Is'-d' I9'-o,l
zW m
t0 N 5y
~a
2
i
FIrgure 3
I !8' 24' (AISLE) 18'
o; I
=
I O1
I UI
6" RAISED CU
o z io, 02
C%l
N 9 \ Q P
09 24' `L~
R
F
Figure 4
MT;?71
PARKING AISLE
c~
z_
k J
a
z
HI >
0
STREET
Figure 5 MINIMUM STACRi[NG DISTANCE REOU REMENTS
TOTAL NUMER OF PARKING SPACES MIN MMf STACKING DISTANCE IN FEET
0-50 20'
51-100 40'
101-250 &Y
251 -500 87
$01 and Over Traffic Study Required
•4 f.a
Figure 6 HANDICAP PARKING
ACCESS AISLE
ACCESS AISLE e
m
i
VAN VAN
j ACCESSIBLE ACCESSIBLE c
~ Ios_ + Er f Ioa• Ioa• Ioa•
~J
E
APPPNM D
SPECIAL. EXEMPTION AREA
MO~TM
~ N • 4L~ ~ ~ y ; ' f• ~
t r ~ f4 X03 t i >.•~'i
14 13 L
L 3 ! i°~,~ m
it 10 I 11 10
+ 126 , Q sa3 I 10 1
t3 f r r t 3
1
42 _
"JUGAN
:0-41 4 1 17
~ s j I I = 1 ~ • s r
• r r t tt i V II+1
4 F ,•q ~ f 18
238 U KOX I
e M I
T-
• 4 n i 17.vc,1 1 11346 Or ti I t 3 l 3.4
~ 1 I
ti 1 f r• 1 t 22S
I q
F( ~.]l
11M L ff AMT
r r,rtT r- t
t ~I 1 ~ r 1 /.:1 l
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APPENDIX E
Figure 1 map or Airport Height Hazard District. Page 1 of 2
Aft .:7
111 jli' r , ]Qf~ O
' 1T. f.• I i. I I~ a I 1 J a
>s-:-' ~ , . III , ~ J~~II. i
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j 7~ 'I ~ r• ,III II -Y,.- VIII ~i~' ,
I j I ^ '
rI
F
g~ NOTE: THIS ISOMETRIC IS FOR ILLUSTRATION
PURPOSES ONLY AND IS NOT AN ACTUAL
gyp' REPRESENTATION OF THE RUNWAY(S)
DEPICTED ON THIS PART 77 AIRSPACE
DRAWING.
/ PRECISION
rINSTRUMENT APPROACH
5 I
VISUAL OR NONPRECISION
APPROACH
CONICAL SURFACE
V,
I Ndf
HOM10"TAL SUMAC[
A ISW AbAIRPORr aFVATONN ..t
y, ~~za I
V. w DIMENSION VARIES ACCORDING
TO TYPE OF RUNWAY APPROACH
PRECISION, NDNPRECISION, VISUAL) RUNWAY
CENTERLINES
J~
ro
r'°o
ISOMETRIC VIEW OF SECTION
f.1
THRU CENTERLINE OF RUNWAYS
N.T.S.
ru
3`-
yi
y
V
t'
~I
APPENDIX E
Figure 2 map or Airport Compatibility Land Use Subdistricts
f r.. ' .
to - n ~t
t ACLUD-2
University Dr.
• i ` j - ` fs• ,j ,.1`' 1, , i. % ~ ~ 111, ,
a 4 `oo,y iJ JirdX"lal 1CQ 1
% ACLUD-1~°+; .1 V.
I rr - 111 _ lv '
Alrpozi d.
O
JM 1,x49:
I
• _ t I
~ I.
I
11/
t
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F
Y
APPENDIX E Page 1 of q
Figure 3 IVoise~ illitreat;on Standards
The following standards are intended to provide for the insulation of the interior of
buildings to an Ldn 45 or less from outside noise levels over Ldri 6S. The Building Official
may approve of alternative standards upon the submission of plans signed by a qualified
acoustical engineer certifying that the alternative standard will reduce outside noise levels
to 45 Ldn or less inside the building. The standards shalt be applied to construction of new
residential or noise-sensitive commercial uses, and for reconstruction or remodeling, to
existing buildings of the types mentioned above when the value of the improvement
exceeds SO percent of the value of the existing structures. The standards, however, shall
apply to any addition to an existing residential or noise sensitive commercial structure.
Where noise-sensitive activities are carried on in only a portion of new or reconstructed
commercial buildings, only those areas judged noise-sensitive need be protected.
REQUIREMENTS FOR NOISE MITIGATION
A. General
1. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed
airtight. All joints shall be grouted or caulked airtight.
2• At the penetration of exterior walls by pipes, ducts, or conduits, the space
between the wall and pipes, ducts, or conduits shall be caulked or filled with
mortar.
3. Window and/or through-the-wall NVAC type units shall not be used.
4. Operational, vented fireplaces shall not be used.
S. All sleeping spaces shall be provided with a sound-absorbing ceiling and
carpeted floor.
6. Through-the-wall/door mailboxes shall not be used.
B. Exterior Walls
I • Masonry walls having a surface weight of at least 40 pounds per square foot do
not require a furred interior wall. In areas over 70 Ldn, masonry walls having
a surface weight of at least 75 pounds per square foot do not require a furred
interior wall. At least one surface of concrete block wall shall be plastered or
painted with heavy "bridging" paint.
Page 1
s
92 kl~
4
yl
i„
2. Stud walls shall be at least four inches iri nominal depth and shall be finishPag ed e 2 0 4
on the outside with siding on sheathing, stucco, or brick veneer.
a. Interior surface of the exterior stud walls shall be of gypsum board or
plaster at least 1/2-inch thick, installed on the studs. The gypsum board
or plaster may be fastened rigidly to the studs if the exterior is brick
veneer or stucco. If the exterior is siding-on-sheathing, the interior
gypsum board or plaster must be fastened resiliently to the studs.
b. Continuous composition board, plywood, or gypsum board sheathing shall
cover the exterior side of the wall studs behind wood or metal siding.
The sheathing and facing shall weigh at least four pounds per square foot.
C. All edges of the sheathing shall be sealed with resilient caulking,
d. insulation material at least two inches thick shall be installed continuously
throughout the cavity space behind the exterior sheathing and between
wall studs. Insulation shall be glass fiber or mineral wool.
C. Windows
1. Glass of double-glazed windows shall be used and at least 1/8-inch thick.
1 2. Double-glazed windows shall employ fixed sash or efficiently weatherstripped
operable sash. The sash shall be rigid and weatherstripped with material that
is compressed airtight when the window is closed,
3. Glass of fixed-sash windows shall be sealed in an airtight mariner with a
nonhardening sealant, or a soft elastomeric gasket or glazing tape.
4. The perimeter of the window frame shall be sealed airtight to the exterior wall
construction with a resilient sealant.
5. The total area of glass of both windows and exterior doors in sleeping spaces
shall not, exceed 20 percent of the floor area.
D. Doors
1 • All exterior side-hinged doors shall be solid-core wood or insulated or hollow
metal at least 1.75 inches thick and shall be fully weatherstripped.
2• The glass of double-glazed sliding doors shall be at least 3/16 of an inch thick
and separated by a minimum 1/2-inch airspace. The frame shall be provided
with an efficiently airtight weatherstripping material.
3. The perimeter of door frames shall be sealed airtight to the exterior wall
Page 2
a
F
a
Page 3 of 4
construction.
4. Glass in doors shall be set and sealed in an airtight nonhardening sealant, or a
soft elastomeric gasket or glazing tape.
E. Roofs
1. With an a :;c or rafter space at least six inches deep, and with a ceiling below,
the roof shall consist of 1/2-inch composition board, plywood, or gypsum board
sheathing topped by roofing as required.
2. If the underside of the roof is exposed, or if the attic or rafter space is less than
six inches, the roof construction shall have a surface weight of at least six
pounds per square foot, except that, in areas over 70 Ldn, the roof construction
shaU have a surface weight of at least nine pounds per square foot. Rafters,
joist, or other framing may not be included in the surface weight calculation.
3. Window or dome skylights shall be double glazed and separated by minimum
1/2-inch airspace. In areas over 70 Ldn, skylights are not permitted.
F. Ceilings
1. Gypsum board of plaster ceilings at least 1/2-inch thick shall be provided where
required by Section S.0(A)(5). Ceilings shall be substantially airtight, with
mmimurn number of penetrations.
2. Glass fiber or mineral wood insulation at least six inches thick shall be provided
above the ceiling between joists.
G. Floors
The floor of the lowest occupied rooms shall be slab on grade, below grade, or over
a fully enclosed basement. All doors and window openings in the fully enclosed
basement shall be tightly fitted.
H. Ventiladon
1. A mechanical ventilation system shall be installed that will provide the
minimum air circulation and fresh air-supply requirements for various uses in
occupied rooms, without need to open any windows, doors, or other openings
to the exterior.
2. Gravity vent openings in the attic shall not exceed code minimum in number
and size. The openings shall be fitted with transfer ducts at least three feet in
length, containing approved internal sound-absorbing duct lining. Each duct
shall have a line 90-degree bend in the duct such that there is no direct line of
Page 3
0
s
i
F
Pay• 4 0[ ~
sight from the exterior through the duct into the attic.
I If a fan Is used for forced ventiladon, the attic inlet and discharge
shall be fitted with sheet metal transfer ducts of at least MSauge steek which
shall be h'ned with one-inch thick approved duct linter, and shall be at least Fve-
feet long with one 90-degree bend. In areas over 70 Ldn, the duct lining shall
be at least 10 feet long.
4. AU vent ducts connecting the interior space to the outdoors, excepting domestic
range and dryer exhaust ducts, shall contain at last a 10-foot length of approved
internal sound-absorbing duct lining. Each duct shall be provided with a line
9o-degree bend in the duct such that there is no direct line of sight tl'sougb the
duct.
S• Duct lining shall be a coated glass tuber duct liner at least one-inch th;'ck,
approved and suitable for the intended use.
6. Domestic range and dryer exhaust ducts connecting the interior space to the
outdoors shall contain a baffle plate across the exterior termination that allows
proper venn7adom The dimensions of the baffle plate should extend at least
one diameter beyond the line of sight Into the vent duct. 'The baffle plate shall
be of the same material and thickness as the vent duct material and shall have
the same free area as the vent duct.
7. Building heating units with flues or combustion air vents shall be located in a
closet or room closed off from the occupied space by doors.
S. Doors between occupied space and mechanical equipment areas shall be solid.
core wood or 20-gauge steel hollow metal at least OS inches thick and shall
be fully weatherstripped.
Page 4