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EY i iI i 6{i N r f 1+~11i k I k i. + r fry , x.. rF yI 1 Jf1 1 !.i, a ) Zoning ol Mss 1171 vW-M i PMMIMINAAY ZONING BOAT OF THE PLAMINO AND ZONINO OOltMIB$ION OF THE OITY OF DENTON, TkXAs TO THE H0N0RAU2 OI'1"« 60UNOIL OF THg OxTY OF DNNTOX T&Wt WE, the undersigned Nklmnsrs of the Planning and Zoning. Oomission of the 04 of Denton, Texao, ,do hereby sake this ; r proliaiinary report ro`oommonding the adoption of a new and oet rehtasive aoaing ordioanoe for the 0ity of Denton, Texas, the full boat of uhiah to in6luded herein. PUblio hearings on'thie Preliminary report have beta scheduled and will be held on June 30, 1961, at 3:00 pow, in { the Mtaloipal Bmtxldiag of the Oity of Denton, prior to the submission of our final report to your Honorable Body, NWXOTMUY SUMMED this OLL.day of Karl ADD, 1961 Planning and Zoning Oownission e PI g a nipg<~ i io s~ pie or Planning and Zon g Ooaimiasion Plolll and Zoning Commission ; r Planning and Zoning Commiueion ~r■ TABLE OF CONTENTS Article 13-10 Definitions 1 Artiol#, 13411 Purpose 7 Artiolo 13,12 Districts 7 Article 13,12A Zoning Hap of the dity of Denton, boa 19b1 8 Article 136128 Regulations Applioable'to All Diutriots 9 Article 13.13 mill - Dwelling District 9 r Article 13-14 "p" - Dwelling Dist#iot 12 a' Article 13615 "A-1" - Dwelling Diitriob 114 Article 13,16 "A"2" " Dwelling District 16 Article 13,17 Local Retail Dittriot 18 Article 13418 "Le" - Looi1 Business District 20 Article 13,19 "8" - Businsis b6triet 22 Article 1320 ."LY" - Light 1ndUitrial District 25 Article 13#21 "MI" - Heavy Industrial District 27 Article ''3,22 Hsi,t, Area &nd 3paae Regulations Applicable to A11 Distriots 31 Article 13,23 Off-Street Parking and Loading Space. Require- vents 33 Article 13,24 Conditional Use Porxits 41 Article 13,25 zoning of Newly Annexed Territory 44 Article 13,26 Non-Conforming Uses 44 Article 13,27 zoning Hop besignations 45 Article 13,28 completion of 2xisting Buildings 46 ; t Article 11,29 Enforcement 146 Article 13.30 Hnforae1116nt Intorprdtation 47 f Article 13631 Oertifioate of Occupancy and Conwlianot+ 47 Article 13,32 Ohanges and Amendments 47 Article 13,33 4 oord of Adjustment 48 Artiole 13,34 Penalty for Violation 49 s' r~ Fi r ORDINANOE N0. AN ORDINANOE AMENDING AND SUPPLANTING ARTICLES 13,10 THROUGH 13.29, INCLUSIVE 0? THA CODE OF ORDINANd OP THE CITY OF DEN'SOjd, TEXA~, By THE ADOPTION OF A NEW COMPREHENSIVE ZONING ORDINANCE; ESTABLXSHTNG ZONING DIS- TRICTS REGULATING THE HEIGHT AND SIZE OF BUILDINGS AND OTHEC 6TRUCTURES AND THE PEROENTAGE OFT LOT AREA THAT MAY BE OCCUPIED, THE SUNS OF YARDS AND OTHER OPEN SPACES, THE DBN1TY OF POPULATION, THF, LOCATION AND VSES OF BUILDINGS, STCJOTURES AND LAND FOR TRADE IN- DVSTRY OOMMEROF< RESIDENOE OR OTHER PURPOSES F6 THE ER OMN OorsTi'OTION REOONSTRUOTION0 AmRATION REPAIR CA USE, OF BUILD GS, STRUOTURES OR LAND WIRIN SVUH DISTRIOTSi PROVIDING FOR OFF'-STRFLT PARKXNOt A- MENDING CHAPTER 13 PART III OF THE CODE OF ORDINANOES OF THE CITY OF DWON TEXAS BY ADOPTING A ZONING MAY SHOWING THE ACTUAL L66ATION aF SUCH DISTRIOT$i PROVIDING METHODS OF ENFOROEMINT. FOR OHR'TIFIOATM OF 00OUPANOY AND OOMPLIANOR FOR MMOIJS OF INTERPRETATION OF THE ORDI» NANCE; DEPlyriG owAIN woms PROVIDING FOR A BOARD OF ADJVSTMENTi PROVIDING PENALTIft TOR VIOLATIONSJ PROM VIDIIIO FOR AMMMMWS AND CHANGES IN THE TERMS OF THE ARSAV OS1OYR,EAUSE1 AND ODEOLAA NG AN EFFECTIVE DAT24 ',"Hg COUNCIL OF THE CITY OF DENTON REMY ORDAINSI TQ„lt That Artioles 13.10 through 13,29, inalusive, of the Cade of Ordinances of the City of Denton, Texaa, are hereby amended and supplanted, for the purpose of adopting a new and ooegyrehensivs coning ordinance t'or the City of Denton, Texas, which shall hereafter read as follows, to Witt ARTICLE 13,10 DEFINITIONS Certain words in Part II of this Chapter are de fined for tie purpose hereof as followst (a1 or s (1) Words used In the present tense inolude the , (2) Words in the singular number include the plural number, and words in the plural number include the singular. (3) The Word "building" inoludOs the word "gtruotura" the word "lot" includes the word "plot", (~1) The word "shall" is mandatory and not directory, (b) oo 8ZLs'jU ,d mean orebui.ldinNg"ountomarily incident to andelo-b oated on the lot occupied by the main use of building, a"' T ~r k'r A An alley is a wa which extends only secondary means of access to abutting property, (d) Al&rtwt; An apartment means a room or suite of rooms in an apartment house or tenement arranged, designed, or oooupied as the residence of a singgle Family, individual or group of in- dividuals, (e) A"t re An &?a%:twent house is a building or portion thereof arranged, designed or occupied b thm a or more families living independently of each other, (f) ~4 Edina FgHee A boarding house is a building other than a hotel where lodging and meals for five or more perebns are served for compensation, (s) gstefta, g°p!e cc ationu A ouetomary home nooupatioo is an occupation customarily carries., on in the hom by a mos- ber of the oooupant+s family without structural alterations in the buildin or any of its rooms without the installatiAm nr machinery or addi. j tional equipment other than that customary to normal household operation, without the eaaploy" went of additional persons, without the use of a sign to advertise the ocoupation, and which does not cause the generation of noire, die- turbaooe or additional traffic in the street, (h) Denth or Lot. The depth of lot shall be calculated ae the mean horiaontal distance between the front and rear lot lines, (1) Do yth of Rear Yard The depth of rear and shall be calculated as { the man horizontal distance between the rear line of a building other th4w an accessory building and the center line of the alloy where an alley exists, otherwise the rear lot line, Platt Us. A district shall mean a section Af the City of Denton for which the regulations governing the areas, height, or user of buildings are uniform, (k) Dwellingt1 Multiple A multiple dwelling is a building used or dew signed as a residence for three t3) or more families or households ''Jiving independently of each other. (wii (1) Dwe lin n + a~k~ A one«fsMily dwelling is a detaohed building having Accommodations for and oooupied by only one family, (m) Dwellinst, Two-Fa_mmilz A two-family dwelling is a detached building having neparate aooommodationa for and oeou- pied as, or to be oooupied as a dwelling for only two families, (n) e e oroup, Ho se droup house dwellings are detached or semiw detaohed dwellings built on one (1) lot, usually in opposing rows separated by a walkway or court, (c) A family is one or more non+transient persons living as a single, non-profit housekeeping unit, as distinguished from a group occupying a olub, boarding, lodging or roomin house, or a fratsrnity, sorority or group stuunt house, (p) ~`raerniv,_Sororitr or Gxoun Student House A building ocou lad by and maintained eze elusively for students affiliated with an academic or professional ooliege or university, or recognised institution of higher learning, and when regulated by such institution, (4) ont,L"~j A front Bard is an open and unoccupied space on the same lot with a building, betwoea the building and the property line extending across the front or the lot, (r) parase,.Private A pprivate gr►raggss is a garage with capacity for nat more than five (5) motor -driven vehicles for storage only and for private use, (a) ~Sra.$„ubl}o A public garage is any premises not a private garage, as defined above, used for housing of more than three (3) motordriven vehicles or where any vehicles are repaired for operation, or kept for remuneration) hire or sale, (t) ar $t a e A storage garage is any premises, except those defined as a private oe publio garage used exalusively for the storage of automokles, (u) grgAL e„a The ggross floor area of an epartmont house sha11 be measured byy' taking outside dimensions of the apartment buildingg at each floor level, exoluding, however the floor area of bhsew ar ments or attics no~ used for residence purposes, 5, !S. ~4 (v) Hei t (1) The height of a building or portion of a building shall be measured from the average estab:i.shed grade at the street lot line or M,w the average natural ground level street as bo eatabiished, tofthe hi astgpointrade then roof +e onr.taoe if a flat tiurfaos to the Cook lino of mansard roofs, and 6 the mean hol.got level between eaves and ridge for hip or gable roots, (2) Xn m5aeurin$ the height of a building, the toil.owing s ruptures shall be exoludedt ohimnts`rn, cooling towers, radio towers, ornRmeri'JAl oupolas, domes or spires, e7.evator bulkheads, penthouses, tanks, not ex- water towers oeeding four feetp in eight. (w) A hotel is a building oooupied as a more or leso temporary abiding place of individuals who are lodged with or without mile, in which, as a rule, the rooms are occupied singly for hire in which provision is not TWO for cook. ink In any individual apar}went, and in which there are more than 12 slespin• rooms, a public dining room for the aooommodatV6n of more than 12 guests, and general kitchen. UA% oooupied t by i a nnon-profi, t Is a building or buildings any non-profit establishmet,t for such use. (y) lSinde rtes A kindergarben is a school for more than six children of pre-school age in which oonstruo- tine endeavors, objeob lessons or helpful gx»ws are prominent features of the curriculum, odging 42200 A lodging house is a 1~,uilding other than a hotel where lodging for five or more persons is provided for compensation, (aa) (1) A lot is land occupied or to be occupied by a building or its aoesseory buildings, and including such open spaoss as are required under Tart XX of this bhapter, and Having its original frontage upon a publio street or offioially approved plane, (2) A fraotional lot is a portion of a lot that has been out off a oorner lot, having the side line of an adjacent lot as its i. rear line, and the rear line of the re- mainder of the oornor lot ae a side line. (g) A front lob line is the ownership line lot theastreetiiion corneriliotss aafronit loto ~ ~L line is the prolongation of the front ownership line of ad aoant interior lots as originally plat to , (4) An interior lot is a lot other thhn a corner lot. (5) A through lot to a lot having frontage on two 2) parallel, or approximately parallel streets, (bb} LPtrner, A oorner lot is a lot situated at the unotion of two or moronstreets and having a wi th of no greater than 100 feet, (oc) Lot i es Lot lines are the property ownership lines boitAng a lot, as defined herein, (do) xotejj., ourlst.0ou is A motel or tourist court is a building or group of buildings domigoed, arranged or used for tes~porary ooouppanoy having aooomimodations for housing or parking automobiles in close proxi• laity to the quarters occupied by the owner of such automobiles and providing for three (3) or more of suoh quarters, (ea) lion«OOnforming Ilse I Non*oonforming use %some a building or pre- mtses oooupi• by a use that does not conform to the regulations of the district in which it is eituatsd, A ohildren►s nursery is a place where more than six 'children are left for care. (66) Con- 03.0-goo. The term P)peu space w a4 the area included in any side, rear or front yard or any unoccupied spaoa on a lox dolt is open and unobstruobed to the sky, except for the ordinary projection o of cornioss, eaves or porches. (hh)~ The term "person" when used in part Ir of this Chapter shall mean any natural perton associaw ttoo of persona, partnership, corpora nion or society; and the term "person" shall include both singular and lural and shall include the feninine and mason ine gender, (ii) 1 oe A place to an open unoooupisd space on the lot that is open and unobstruuted to the skyy rem served for the purpoee of access to abubting property, 0j) J) riv 'e A private club is any building, and rolahod grounds, used for social or recreational purer posed and owned and operated by a private 4 non-profit institution or organization for use of its members, from whioh the general publio it exoluded, and where no aotivities are oarried on for profit, (kk) ear and A rear yard is a spaoe unoooupied exoopt by a building of aooessory time as herein per- mitted, extending the full width of the lot between a building other than a building of aooessory use and the rear lot line, (11) everosd Frontage The term reversed frontage means a portion of u oorner lot fronting the street which ~:sas originally platted as a side street. (M) Side YArd (1) A aide yard is an open unoooupied spade on the same lot with a buildin situated 1 be'oween the building and the s?de line of the lot and extending through from the street or from the front yard to the rear line of the lot, (2) Any lot line not a rear line or a front line shall be deemed a side line, { (nn) t b es vats ' A private stable is a stable with a oapaoity for not morn than four horses, mules or other domestio animals, i (oo) tabl c ablio A publio stable is a stable with a napaoity for more than four horses, mules or other domestio animals. (PP) for A story to that portion of a building included between the surf&o of any floor and the sur- faoe of the floor next above itt or, if there be no floor above it, the spade between suoh floor and the veiling next above it, NO Atom _ ILa1f i A halt story is a story under a gable, hip or gambrel roof, the wall plated of which aro on at least two (a exterior walls not more than two feet above the front of suoh story, (rr) g,, The term street means any publio thorou ~sfare dedioated to the publio and not designated as an alley, (db) tru tural_.Altaration~„ gtruatural alterationm are any ohangd in the suppopting members of a building such as bearing walla, ooiumns, beams or girders. i (tt) Tr filer ark A trailer park is an area designed, arras ed or used for the temporary oooupanoy by au o.. mobile trailers and providing for one (1) or more of suoh quarters, whioh are oooupied or intended for oooupanoy as temporary living quarters by indiv dua s or families, (uu) Used Car Junk Area The term used oar ,)uok areu means an open area other than a street, alley or plaoe used for dismantling or wreaking used auto. mobiles, or for the storage, saws or dumping of dismantled or wreoked oars or their parts, (vv) Width of Side Yard The width of the side yard shall be oaloulated as the mean horizontal distanoe between # side wall of r, building and the side line of the lot, ARTICLE 13,11 PURPOSE (a) Co re ensi„ve plan The purpose of the regulations provided in Parts XT and X11 of this Chapter is to zone the entire City of Denton Texas into dis- j triots as pprovided by Artioles 1611a to and inoludidg 1011 of Chapter 4 Title 28 of the Revised Civil itatutes of the State of Texas, ? 19251 as amended, in aooordanoe with a amo prehensive maater plan for the purpose of pro- moting the heal h) safety, morals, and the oneral welfare of the general pubLio in the ity of Denton, Texas, (b) es They have been designed tot (1) lessen Congestion in the streetsl (2) seoure safety from tire, panto, and other danger; (3) provide adequate light and air; (4) prevent the overorowding of land; (5) Avoid undue oonarntration of population; (6) faoilitats the adequate provisions of tr*nxportation, water sewerage, sohools, parks, and other p~>bl~o regv,iremants+ OmkeLt Liam They have been made with reasonable oonsideraw tion, amongg other things for the oharaater of the din riot and for Its pa,rtiou%ar suit- ability for partioular uses and with a view to oonserving the value of Luildingo and enA ooutvaging the most appropriate use of the land tthrouihout the City of Denton, Texas, AOXOM 13.12 DISTnICTO (a) D t at The City of Denton is hereby divided into mine (9) glasses of use dist.riots, terwad respeetivs. r (1) "R" Dwelling Dietriot, (2) "D" . Dwelling Distrlot, (3) "A-1" - Dwelling Dietriot, (4) "A-?_" - Datolling District, (y) iir,Rif « vocal Rotail District, (6) +Tr,Dil . Local E31.1131,nFOa Distriote (7) "B" 13uainnas District, (8) "Ll" U ght IndufTtrial District, (9) "FII" Floavy industrial Dietriot, AFTICITE 13.12A ZONINO Mp,t' OF THE CITY OF DENTIOt3, TEXAS, 1961, (r►) Eptablishn,ent and AtP, Mai The boundaries of the various districts not, forth in Artiolo 13,12 are hereby established and adopted as the same are shown on the "Zoning Map of the pity of Denton Texas", whioh is hereby adop ed as part lit of Chapter 13 and whioh is hereby made a part of Part Tx of this Chapter as fully as is the same were set forth heroin, The Zoning Map of the Oita of Denton, Texas, shall be and the dame is hereby adopted in one original and three duplioateer4aof whine designated by title aooordiny, shall bear the signature of he tsagor and the attestation or the city Secretary for identifi- 1 oation and authentication and the same shall bear even date with the final passage of thin, ordinanoe, { (b) Ube o f Z rn i n maps (1) The original Zoning Map of the City of Denton, Texas, 1961, shall be displayed in the office of the City Seoretary ifr the Munioipal Building of the City of nenton, Texas. (2) One Duplioate Zoning Hap of the City of I)enton, Texas, 1961, shall be displayed in the office of the D ireotor of Planning of the City of Denton, Texas. (3) One DuplTicaxabate x1161, g sMa of hall behdiepla ed Denton, In the of,floo of the Building Inspeo or of the City of Denton, Texas, (4? The remaining puplioate Zoning Map of the City or Denton, Texas, 1961, shall be disc- fox' theiusehandibanofitcof thetpublio. (o) mend mente to the oni a or the lty~qf a On exae (1) it shall be the duty of the Direotor of Planning of the City of Denton, Texas, to keep the Original and Dupliaats Zoning listedf the Cit of, 111.12Ao(b)iT(1)gthrough and including Artiole3,l2A (b) (4) u date and t:o Indicate on the said map) all o~ ohangee, amendments, or additions to, and the Direotor~ of Planning shall note on each suoh map the ordinance number and the date of passage of the ordinanoe authorizing eaoh suoh change or amendment, (2) In the event of a oonfliet betweon the Or g« anal 'Zoning Map of the City of Denton, Texas, 1961, and any Niplioate Zoning Map of the City of Denton, Texas, 1961 the original Zoning Map shall be oonol+islvely presumed to show tho offioial boun0arios of the die* triote designated thereon. ARTICLE 13.111 REGULATIONS APPLIOADLE TO ALL DISTRIOTS The following regulations shall apply to all Die, trtots liated in Article 13.12, and a$ hereinafter defined in Part Ir of this Ohaptort (a) Use 1' a ~ M No building or structure shall be erected raised, moved plaoed, extended, enlarged oonver, eon- struo ad, reconstructed or struo urally altered, exoept in conformity with the regulations pre- scribed or designed to be used or occupied for ag ,purposes other than permitted by those regu.. la .ions in the district in which suoh building, structure or land in situated, (b) H•=:l&ht No buildingg or atruoture shall be erected, raised, oonstruoted, extended, enlarged, reconstruoted or struoturally altered so as to ertend the height limit established by part II of this Ohaptbr for the district in which suoh building or structure is situated, (o) re t No lot shall be reduced or diminished so that the yards or other open spaoes sha~.l be smaller than prasoribed by Part II of this Chapterl nor shal?. bhe densit of y population be increased in any manner except in conformity with the area regu- lations .,drsin established, No side yard areas for a building shall be included as a part or the required areas of any other building,, No parking area, parking apace or loadingg space which exists a the ime those re latione be- come effective or which subaequenf;,teroto is provided for the purpose of oomplyi:,t with Part { 1I of this Chapter shall ,hereafter be relinquish. ed or reduauC in any manner below the require» manta established by pert XI of this Ohapterl every building hereafter er.eoted &hill be lootctod on a lot as herein defined, and in no case shall there be more than one building or use an one lot, except as hereinafter provided, ARTIOLL 13,13 "R" DWELLING DISTRICT The following regulations shall apply in all On" Dwelling Disfriotst (a) Vpes Permitted (1) One family dwellings. (2) public parka playgrounds, ohurldhes; publie or denominational schools (sled ntary, unior high and high schools), colleges and univera elY~iea, 1, f3) Railway rightu•of-way and tracks, passen- gar stations, but not including switch or storage yards or team tracks, (4) colt covrmes (exoiudin , however, minia- ture golf courses and riving ranges operated for oommeroial purposes). (5) Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale sales so- tivities are conducted on the premises, and provided that no livestock or poultry other than household pets ehall be housed or re- tained within one hundred (100) feet of any property line. (6) Accessory buildings, itjoluding a private garage and sexwan quarters, when located not leas than eighty (90) feet from the front property line nor lose than six (6) feet from any other property line provided that said accessory buildin s shaft not occupyy in exaesa of fifty (0) percent of the minimum required rear yard in the case of a one-story building or forty (40) per- cent of the akinimum required rear yard in the oats of a two-story building No such servant quarters, however, mhali be leased or rented to anyone other than to the family of a bona ride servant giving more than fifty (50) percent of said servant's time to the family occupying the promisee to which the servant+a house is an acoesaory building. No accessory building in this distriot shall be used for commercial purposes (the testa "oomaeroial purposes". shall include partmtime business), (7) Customary home occupations, Installations of telephone oompaniss, either publicly or privately ownedl fire stational sawaggo lift stations, transformer stations, and transmission lines for all public utilities, either privately or publicly owned, (b) CondMonal Uses The following uses may be permitted in the "R" Dwelling District only under Conditional use Permits granted in the manner speol,fidd In Article 13.24! (1) Airports or, aircraft landing fields and airport facilities, (2) public buildings for use b~ City, Bounty, State or Federal Covernmen e. (3) Hospitals private schools day nurseries and kindorgar~eno on sites of two (2) acres or more (4) Radio and television broadcasting and trana- mittingg stations miok+nwave or line-or-of.ght transmission stations, static transformer and booster stations, and other public util- i,ty service uses when necessary due to oporat« ing requirements. (5) Institution, of a religious, educational or philanthropic nature, (6) A.hl6tio stadiums; commercial smusearent ant, n,;•iees of a tompporarryy nature such as circuses oarnivala, miniature golf oourses, driving rangea, miniature train and pony rides, and rodeos; athletic fields, (7) Riding academies, public stables and tracks on sites of five (5) sores or Mora, i (8) Publicly or privately owned utility installations including water Y servoira, pump stations, water towers and artesian wells. (9) Private clubs and community buildings owned and operated bq non-profit orgeni. nations on sites of three (3) aarea or more. (10) Mobile home poxks or trailer courts an Sites ox fifteen (15) sores or afore, (11) Ncapitais, medical and dental clinics, children's homes, rest homes, oonvalea. oast homes, and homes for the aged on sites of ten (10) acres or more, (12) Homes for the feeble minded or for the tr,atment of narootio addiotior insanity or aloholism on sites or twenty (20) acres or more, (13) Planned Residential Developments, (a) Oren Ae~uirements (1) P'r of Yard There shall be a front I"cr e e structure In the "R11 yard District Navin a de th of not lebee~hang twentyy five (9 ) feet from the front prop. erty,],ine to tie face of tha buildin No ooverod porch, covered terrace, or attached accessory building shall project into any required front yard space, (2) Rear and There shall be a rear yard for every a rupture in the "all Dwelling District which shall have a depth of not lees then twenty-five (25) fees measured from the back of the sbruotur6 to the r where ear property line; provided, however that required crearayardrmay besmnasuredyfrome the center line of such allay, (3) ids Ards There shall be two (2, side a s or each structure in the Rfi a elling District, one on each side of such structure. No side yard shall be lard than Vix (6) feat maastured from the side property line to the side of add terrace u or attachedcacc ssoryobuildin w g shall proJeot ~-nto any required aide yard spaoe. All required side yards shall be open and unobstruoted exoept for fenoes and for ordinary proleotions of sills, belt oourses, oornioes, eto.3 but in no oase shall sry suoh projeotion exoeed M1 inohes. (For seeota r regulations gulations on reversed front-13, agoo Trot Area The minimum area of any lot used ~n 1A rtRn - Dwelling Distrint shall be 6,000 square feet. (r) Lot Wyidth) h rest. lot width shall be (6) Lot Coverage The oombioed area of the main %7UjjaI ng an gooeeeory buildinngsshall tnot oover more than forty (40) p p total area of any lot in the 1IR11 - Dwelling Distriot. (d) Height Limit, No building in the nRs' - Dwelling Distriot shall exoesd the heigght of thirty-five (35) feet or two and oneohalf (2~}) stories) provided however that one-family dwellings in the IIRM - Dwelling Distriot may be inoreased in height by not more than ten (10) feet when two side yards of not loss than fifteen (15) feet eaoh are providedl and provided further that, when permitted publio I or semi-publio buildin s, hospitals, sanitariums or sohools may be ereofed to a height not ex- oesding seventy-five (75) feet when the front, side and rear yards are eaoh inoreaseo an ad- df.tional foot for eaohfoot suoh buildings ex- osed thirty-five (35) feet, (e) k kin _ aoe 'there shall be provided in oonneotion with every use permitted in the "Rct - Dwelling Distriot off"strest parking spaos in sooordanoe with the provisions of Art ole 13, xRTIOLE 13,14 "D" - DWELl,UG DISTRICT The following regguulations shall apply in all "D" - Dwelling Distriotst (a) uses ormitted (1l Any use permitted without a Conditional Use permit in an "Ru . Dwelling Distriot, (2) Two-family dwellings, (3) Acoessor buildings (as defined in Artiole G 13.13 (a) (6)). (4) Customary home oooupatione; (5) A one-family garagge apartment is rermitted when looated no* Less than eighty (80) feet fthe rom from front oilot bher line, side nor lose thin line, provldediva (5) foot however, that all accessory buildings including the .)no-family garage apartment shall not oooupy in excess of fifty (50) percent of the minimum required rear yard in the case Of a one-story building or forty (40%) percent in the case of a two- story building. A one-fawlly garage apart- ment shall not be permitted in conjunction with another dwelling on the same lot de- signed for more that) ones-family, (b) Conditional Uses A ny uses permitted by Oonditional Vas Permits in the ItRII - permitted in the I'D" . Dwelling District iny the manner specified in Article (o) Ares Requirements (1) Pront Yard There shall be a front yard for every s ruoture in the "D" - Dwellin District having a depth of not less than tweny-five (25) feet from the property line to the face of the building. No covered porch covered terrace, or attached accessory building shall project into any required front yard space. (2) M84" r and There shall be a rear yard for s ruoture in the "Dn - Dwelling trict whioh shalt have a depth of not less than twenty-fivb (2,5) feet measured from the back of the structure to the rear property line, provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the center line of such alley, (3) 112e Yards There shall be two (2) aide yar ""T-6F-saoh structure in the "D" Dwelling Disbriot, one on eao't side of such structure, No side yard shall be less than six (6) feet measured from the side proper'-1 line to the side of the structure and no oovered porch, covered terraos oil attached accessory building shall project into any required side yard space, All required aide yards shall be open and unobstructed exoept for fences and for ordinary projections of sills, belt courses, cornices, eto.j but in no ones shall an such projection exceed twAnty-four ( 4) inohes. (por special regulations on reversed frontage, nee Artiole 13, (4) r,ot rea FThe minimum area of any lot used i .h e D - Dwelling District shall be 61000 square feet. (5) Lot Width The minimum lot width shall be s x y ) fe9t. (6) L~_Overage~ The combined area of the main u r5g to accessory buildings shall not Dover more than forts (40) percent of the total area of any IN in the "D+i - Dwelling District. ~ra< (d) Hei t Limit No building in the "D" - Dwelling District shall exceed the height of thirty-five (35) feet or two and one-half (2j) stories, however, one family dwellings may be increased in height not more than ten (10) feet when two side yards of not less than fifteen (la) feet eaoh are provided. In the "D" - Dwelling District, pub- ,lio or semi-publio buildings, hotels, hospitals, c,anitariums, or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet in height, (e) Parking Space There shall be provided in connection with every use permitted in the "D" - Dwelling District, off-street parking space in accord-' anoe with the provisions of Article 13,23. t ARTICLE 13.15 "A-y" - DWELLINO DISTRICT The followingg regu 7atiotns shall apply in all "A,,1" - Dwellipg Distriotse (a) uses ft mittod } (1) Any use permitted without ponditibnal Use Permit in any of the f,regoing dis- triots. (2) dhildrents nurseries when housed wholly in a private residence, the principal we of which is the opdrator's } private dwelling, (3) Libraries and museums, (4) Multiple dwelling for not more than six family units, containing not more than (Y;) six r family vent house units, (b) 02nd„ it a~-1..Ur„M The following uses may be permitted in the OA41" - Dual ling District only under 0ondit4onal Use Permits ranted in the manner specified in Article 13.21 (1) Permitssine het"N" andtlI'D"itiDwellina Districts which are not permitted un- oonditionatly in the "A-1" - Dwelling Distria? (2) owned tandl community nonaprofibdorgani- cations , (3) Mobile home parks or trailer oourts, (o) Area Requirements to (1) Front Yard There shall be a front yard o"+ every structure in the "A-1" - Dwelling Distriot having a depth of not leas than twenty-five (25) feet from the property line to the face of the building, No covered porch, covered terrace, or attached aooessory building shall project into any required front yard apace. (2) Rear X rid There shall be a rear yard for evens rructure in the 9A-111 - Dwelling District which shall have & deppth of not lose than twenty-five (25) Seas measured from the book of the structure to the rear property line; provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the center line of such allay, (3) Side Yards There shall be two aide yards or sacstructure in the "A-1" - Dwelling District, one on each aide of such structure, No side yard shall, be lose than six (6) feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached aooeemory building shall project into any required side yard space. All required side yards ,shall be open and unobstructed except for fenoea and for ordinary projeotions of sills, belt oouress, cornices, eta,, but io no case shall an such projection exceed twenty- four (24) inches, For the purpose of side yard regulations, two or more detached one or two family dwellings shall be bonsidered so )me building when occupying one lot; provided, however, there shall be a minimum of ten (10) feet between the sides of the buildings on the same lot, In the case of group houses or eou^ t aparteents, when buildinggs rear upon tht side yyard, the width of the side yard shall be increased by one foot for each building or apartment abutting thereon. If any stairway opens onto or, is served by such side yard, the minimum width of such side yard shall be ten (10) Feet. (1;) Dot re The minimum area of arjr lot-used or we ling purposes shall be six thousand (6,000) square feet; provided, however that In the case of apartment houses or buiidinga arranged or designed for more than two famlo lies, the minimum area shall be mix.the+asand square)tootaforfeachpfamsilyvIn excess doftwo, (5) W idth The minimum width of any lot used for dwelling purposes shall be sixty (60) feet. (6) at Covergge The combined area of the main g and aocessory buildings shall not cover more than forty (40) percent of the total area of any lot in the OA«11' - Dwelling District, (d) Hei ht Limit No building in the "A,111 - Dwelling s rTo't sfaall exceed the height of thirty-five (35) feet or two and one-half (2j) stories, how- ever, one family dwellings may be increased in heisht not more than ten (10) feet when twa side yards of not less than fifteen (15) 1'eet eitoh are provided. In the "A-111 - Dwelling Distrio", public or semi-publio buildings, hotels, hospi- tals, sanitariums, or schools may be ereoted to a hei ht not exceeding sevjnty-five (75) feet when ?he front, aide and roar yards are each increased an additional toot for sash foot such buildings exceed thirty-five (35) feet in height. (e) Parkt.n SS aoe There shall be provided in oonneo- ~jj'wi evory use permitted in the "A-1" - Dwelling District, off-street parking space in aecordanoe with the provisions of Article 13.23. ARTIOLE 13.15 "A-2" - DWELLING DISTRICT The followin reg~ulations shall apply in all "A-211 Dwelling Disfriotat (a) Uses Permitted } (1) Any use permitted without Conditional Use Permits in any of the foregoing districts. 1 (2) Boarding or lodging houses. f (3) Hospitals and olinioa (exoepting tuberoular and veterinary) and hospitals and olinios i for the treatment of alooholio neurotic, insane feeble minded or naroo tam-addicted { patients. ()4) #otela in which business may be conducted 3 for the sole oonvenienoe of the oooupants of the buildingj provided, however, that there shall be no entrance to any such place of business except from the inside of the buildingj motels. (5) Multiple dwellings for more than six family units. (6) Apartmont houses for more than six family units, (7) Private clubs, fraternities, sororities, 'j group student houses, lodgesf excepting, however any of such tses off' whose ohisf activities are oustoyArily parried on ae a business. (6) Kindergartens; privdte schools teaching similar subjects a,s are taugght in elementary schools, provided the 'building, or buildings are set bank from ttli required ;card lines two (2) feet sor every foot of building heigght and provided all oft-street parking faoilitiet oensistent with requirements of the usu are provided on the site. In tho instance of private schools and kinder. ggartehK, a minimum building area of thirty (30) square feet per student and a minimum site area of two hundred (200) square feet per student shall be provided. - 14, Wk i (b) Uonditiona„1 Usae Any uses permitted by Oonditional Use Permits in the IIRI$ "D" and 'A~1" Dwelling Districts may bo permf.tted in the "A-2" Dwelling Din- trtot i.n the manner apeoified in Articlo 13.2}, unless such usay aloe permittod unconditionally in the "D" or "A-1" Dwelling Districts, (o) AreA Requirements (1) Front Yard There shall be a front yard or ever"y atrstoturo in the 'IA-2" _ Dwelling District having A depth of not less than twenty-five (25) feet from the property line to the face of the building. No covered poroh, covered terrace, or attached accessory building shall project into any required front yard space, f (2) Roar Yard There shall be a rear yard for i eve'~"""ry lMrruoture in the "A-2" - Dwelling District which shall have a depth of not less than twenty-rive (25) fast measured from the back of the structure to the rear property line; provided, however, that where such rear yard abuts an alley the required rear yard may be measured From the center line of nuoh alley, (3) Bids, Yards There sh-All be two side yards or each etruoturc in the "A-2" - Dwelling District, one on each side of such structure, No side yard shall be less than six (6) feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached aoaessory building shall project into any required side yard space. Al required side ',bards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, eta,, but in no case shall any such projection oxosed twenty- four (24) inches, For the purpose of side yard regulations, two or more detached one or two family dwellings shall be considered as one building when occupying one lot; provided however, there shall be a minimum of ten (N feet between the aides of the buildings on the same lot, In the _came of ! ! oup houses or court apartments, when ildingd rear upon the side yard, the width of the side yard shall be Increased by one foot for each building or apartment abutting thereon, If any stairway opens onto or is served by such sills yard, the minimum width of such side yard shall be ton (10) foot, Where a building is erected or structurally altered for dwelling pur- poseM for buildings more than three (3) stori.oa in height, but not exoseding eight stories in heighu, each cf the wo side yards shall he increased one foot in width for each additiGnal story above the third. Vor dwellings more than eight stories or onn hifndred (100) foot in height, the front, .,!iJA and rear yards shvJ? bo increased an RUI.Lt tonal foot for oeoh fo^.t suol- buildings aAoeed one hUhi.red f W in height. Y u L (4) Lob Area The minimum area of any lot used a we ling purposes shall be six thousand (6,000) square feet provided; however, that in the case of apartment houses or buildings arranged or designed for more than two families, the minimum area shall be six thousand square feet plus $evon hundred (700) square feet for oaoh family in excess of two. (5) ]'jot Width Tho minimum width of anyr lot used , o`r~"welding Purposes shall be sixty (60) feet, (d) ~ark_~ ins 3T~aoe There shall be provided in oonneotion with every use permitted in the "A-2" - Dwelling District, off-street parking space in accordance with the provisions of Article 13,23, ARTIOLZ 13.17 "LR" - LOCAL RETAIL DISTRICT The following regulations shall apply in all "L'R" Local Retail Distriotst f, (a) tats Permitted (1) Any uses permitted without Conditional Use Permit in the 411$ "D"A-1" or "A Dwelling Districts, (2) Banks, offices, studios, postal stations, (3) Restaurants or oafes when operated ex- ' olusive•ty within an enclosed building and not including drive-in services, I Piok-up stations for pressing, cleaning and laundry. r C51 Retail stores such as grocery, drug, appliance, vartetyj bakery sales; shoe repair, flowers, apparel barber shop, beauty parlor, and other mops for ous on work or the making of articles to be sold at retail on the promises provided, that no "secondhand the%R" c3'LocalyRetailaDistriot ibted in (6) Antique shops, art gallery, books or ate- tionery store, (7) Candy, oigars and tobacco, retail sales only, Cg) Hardware, sporting good., paints and wall paper, (9) Professional offices for arohiteots, attorneys, engineers and real estate. (10) Sales and display of ohina, art objects, glameware, draperies and cloth. (11) Washateria equipped Vith and usingg fully autortatio washing and drying Mach inea where uuatomers may porennally supervinn the washing and drying of laundry, provided no washing moohine shall have a capacity in excess of twenty (20) pounds end no dryer or extraobor shall have a oapaoity in excess of sixty (60) ppounds! and that the aggreggate number of mkohinos ot~ all typos used shall not exoeed twenty-five (25). So dry cleaning or pressing oquipmenb or faoilities shall be permitted, /J' - Aak, (b) Conditional uses Any uses pey,nitted by Conditional Use permits in the "R", trill, "A-1" and "A-2" - Dwelling Districts may be Hsr.nittod in the "MI - Loca:. Retail Dis- triot in the manner specified in Artiole 13.24, unless such uses are permitted unoonditionally in the "D", "A-1" or "A-2" - Dwelling Districts. (o} ~re,~Regui,-rementa (l.) wont Yard There shal'. be a front yard for every e'E"ruoturc in the "LR" - Local Retail Distriot having a depth of not less than twenty-five (25) foot from the property line to the face of the building. No covered por.nh, covered terrace or attached aooessory building shall project into any front yard space, (2) Rear Yard There shall, be a rear yard for eve` ruoture in the "LR" - Local Retail District which shall have a depth of not less than fifteen (15) feotj provided, how- ever, that where such rear yard abuts an alley the required rear yard may be measured from the oenter line of suoh alley, (3} Side ards No aide yards are required in the Lo al Retail District except in in- stances where a building is erected or strut- turally altered for dwelling purposes, in whioh oases, there shall be two (2) side yyarda, one on eaoh side of the building, of not lees ' than six (6) feet for each aide, It property in the "LR" - Local Retail District is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling district purposes, there shall be allowed a minimum space of twelve (12) feet in width between buildingaj provided, however, that the side yard of the property zoned for "LRII Local Retail. District shall not be required to exceed six (6) feet, (4) Lot re The minimum area of an lot used t 77rr" we ing purposes shall be six thousand 6,000) square feet] provided, however that In the case of apartment houses or buildings arranged or designed for more than two.- families, the minimum area shall be six w thousand square foot plus seven hundred (700) square feet for each family in excess of two, (5} of idth The minimum width of any 1q~ t used or dwelling purposes shall be sixty (60` feet, (d) J!.I {tit...,1Lim_it No building in the "LH" Local Retail Distriot shall exceed the hoi ,r, of thirty-five (35) feet or two and one*half (2h) stories, however, one family dwellings may bi increased in height not more than ten (10) foot when two aide yards of not loss than fifteen (15) foot each are provided, In the uLR" 0 Local Retail histriot, public or somi- public buildingay hotels, hospitals, sanitariums or schools ma be erected to a height not exceeding seventy-five T75} feet when the front side or roar yarda are eaoh increased an additional foot for eaoh foot such buildings oxooed thirty-five (35) feet in height. There shall be provided in connection with every use parmittod in the "LR" - Local Retail District gel off-street paricing spade in accordance with the provisions of Art,iolo 13.23, (f) Outside DLPpla a of Merohand.ise Prohibited Thero shu'll be no outside display of merchandise in oonnection with any of the permitted uses within the "u" r Looal Retail Dietriot, AraroI',E 13,18 'ALB" - LOCAL MIIIESS DISTRICT The following regulations shall apply in all "LBtt « Looal Business Dist.:'lotS„ (a) Usen rorW3 'bod (1) Any' tsr,As permitted without Conditional Use rnrntti ti in the "Rn o en" 0 11A W111 or "A„2+t bw~7,;.i,n,r 1)J.striot,s or the 'LRtt « xooal.Retail Disfir..ias, (2) Auto sales and repair work; provided, that storage fe,oiliti.es shall be purely inoidental to the prinoipal use; and provided further, that the art.a allowed for the repairs of oars shall be within an enolosed building; (3) Retail stores suoh as supermarkets, restau- rants, cafes, delioatessens drive-in food and drink stands department stores, and other shops for oustom work or the making of articles to be sold at retail on the pre. mises; provided, that no "seoondhand" goods f store or yard shall be permitted in the i "L13" « Looal Business Dietriot, Bakery, washateria, oleaning, pressing and dying shops, (5) Movtuary, greenhouse, or nursery offioe. (b} Hotels, medioal and dental olinios, veteri- nary olinios (provided animals are not kept ' s over night), (7) Publio auto storage garage, (8) Gasoline filling station (providing major t repairs on automobiles shall be performed within an ot',olo;;ed building), (9) Theatres I moving pioture shows, bowling alleys(uithin an enolose,d building), (10) Whojexalb olfios and sample room, (11) fob printing, i (12) Frozen food looker, retail, (13) Auto laundry without heatingg and steam olenuing faoilities, and without boiler, and in whioh all washing operations are performed within a building, (14) Auto repair garage where all work is~ppex~ formed within a building, and not inoluaing the opon otorage of trunica, trailers or vans. (15) Seat oover sales and installation. (16) Purniture repair and upholstering (retail only) and where all display and storage is conducted within an enclosed building, (17) Catering and wedding sorvioe; oamera shop; curtain cleaning shop; electrical goods, retail; film developing and printing, (18) Electrical repairing of domestic equipment and autos (retail only). (19) W o rminatine, company. (20) Eleotrioal goods (retail only), (21) Fix-it shops, bioyyols repairs, lawn mower sharpening, saw filing and tool sharpening (retail only and only within an enclosed building), (22) Letter service and mimeograph shop, (23) office furniture equipment, household and furnishings and appliances (retail only), (24) Jewelry photographic supplies, and optical goods retail only), (25) Gordon store, including retail sales of seed, small tools, and gardening .equipment, (26) Musical instruments (retail only), (27) Any retail sales use which is not permitted in any of the proceeding Districts; provided, however, that all items for sales are dis- played entirely within an enclosed building; and provided further, that such use is not noxious or offensive by reason of U* omis» lion of odor, dust, gas fumes, noise or vibration and that no type of manurtoture or treatment shall be permitted on any Pro" mines in the "LB" - Local Business District other clearlyhincithe dentalto manufacture he c nductdoftsa re- tail business on the premises, {b) Conditional. Uses Any usesermitted by conditional Use Permits in he R 11 D 11 , AM1" "d "A-211 - Dwelling Districts or in the "Wt « Local Retail District may be permitted in the 11LR" District in the mathner specified in Article 13,24, unless such uses are germi.tted unconditionally in the "D", "A-1"'or A-V . Dwelling Districts or in the "LR" - Local Retail Distri.ot, (o) Area Roouirements ' (1) Pront Yard if any building is erected,, or structurally altered for dwelling pur- poses in the "LB" - Local, Business District, a front and of not less than twentyafive (25) foot in depth is required. otherwise, no front yyard is required in the "LB11 Local Suriname District; but any building on any pro erty (except where used for residential purposes) shall be set back fifty (5®) feet from the center line of the street fronting the property, except that in the cage of property fronting atreotn one hundred (100) foot i.n width, the set back shall ba fifty=five (55) ;feet (such distance being measured from t' 'is center line of the street to the front lino of the building, oovered porch covered terrace or attached accessory building, (2) Roar Ward There shall be a roar yard for ovary s'~uot:ure in the "LB" - Local Business District whioh shall have a depth of not less than Vifteen (15) feet; provided, however, that where such rear yard abuts an alley the rpqui~-ed rear lire may be measured from the conter line of nuoh alley, (3) W-de Yard:, No side yards are required in the x15 o~;:-.7. 3usinnss District except in in. stnnoen wt. "'c- e; building iy ereotod or struo- turally a1 :ereci for dwelling purposes in which cases, '•he;'o lielT be two { s~de yardp, ont Do >>aoh aide of the building, of not loss than jix (6) feet for each side. If roporty in the llul: - Local Business Dis riot l.s not used a"n,r dwelling purposes, bu-t abuts upon the side of a lot zoned for dwelling district purposes, there shall be allowed a minimum epaoe of twelve (12) feet in width between buUdingal provide,', how- ever, that the side yard of the pro en"y zoned for "LB" - Local Business District shall not be required to exceed six (6) feet, (4) ?L 2t rea The minimum area of any list used or walling purposes shell be six thousand (60000) square feet, f5) Lot Width The minimum width of any lot used or we kg purpuses shall be sixty (60) test, (d) Fieipht Leh No building in the "LB" w Local Business Distri.ot shall exceed the height or throe (3) storieIn that"LB-five fast " - Local Business District, public or semi-publio buildings, hotels, hospitals, sanitariums or schools may be ereoted to a height not exceeding seventyofive (75) feet when the front, side or rear yards are eaoh in- creased an additional foot for each foot suoh buildings exceed forty-five (4 ) foot in height, (6) Parking ftacse There shall be provided in oonneotion with any use permitted in the '%B" . Local Business District offs-street parkingg space in aooordanoe with the provisions of Art lo 13 23. ARIIOLE 13.19 "B" - BUSINESS DISTRICT The followin regguulations shall apple in an "gig" _ Business Disfriotst + (a) Uses Permitted (1) Any uses permitted without Oonditional Use rarmits in the "R", +rD", "A-111 or "A»2 - Dwell ing Distriots, the ,iLA" . Local Retail District or the "LB" - Local Business Din tzliot, , (2) Automobile laundry, automobile painting and up• holstoringl awning manufaoturing (sloth, wood or metal), (3) g and ook hindin~j printingt bottling worker bun sengerstationsgandbterminals; billboard or advertising signs, (4) dl.othin manufacturing; carpet cleaning (if duN oollcotion equipment is provided); ceramic produots and handioraft products; cold storage plants; commercial amusement;, oleaning and dry gleaning plants. ( ) Dry goods (wholesale or storage); dance halls, driving range; dyeing plant, (6) Electrical repairing and electrical equip- tnent sales; olootropl.ating and typing; dn- graving. (7) Poed storago and nlixin rif dust oolleotion equipment is provided (wholesale); food products manufaoture and storaL,; food whole.. sale sales; florist (Wholesale and retail); furniture auction sales, Grocery (wholesale and storage), (9) Household goods (storage and wholesale); hauling (heavy and light), (10) roe manufacture and storage; Los oroam I{ manufacture, (11) Lithographing] loading and storagge tracks and dooke; laboi!atories (industrialiesting)j lens grinding for optical goods; laundrq dyeing and cleaning. (12) Market; mirror resilvering; motion picture studios for oommercial films; moving and storage; mattress manufacture (if dust collectors are provided), t (13) ;4ewspaper printing and publishing, (14) Publishing house; printing shop; printerls supply equipment sales and repairs; photo engraving; paint mixing (excluding bakingg and cooking of paints and laoquers; publio garage; penan shelling, (15) nubbor stamp manufacture (natural or synthetic inP51ving processing of crude rubber), (16) Second-hand furniture aelesj auto sales lot; storage warehouses; asoond-hand goods store (when housed within an enclosed buildingg); skating rink] sohools (all types inoludl.ng oommeroial and trade schools?; seed sales and storage; shoe stores (wholesale, retail, ,r storage)t storage or trucks and vane; sales and storage of auto parts and aocasmo- ries (when within a building and when no parts of automobiles for sale are stored or dlipla'yed in the open), (17) 'Steam tracks -and unloading dooksj railroads; tire jretreading_and'renappin ;tranerer hauling and beg age hauling (warehouse and storago); tolev.s.on sales, service and storage (pholonale and retail); type setting, (18) Venetiah blind manufaoture,(storage And sales), (19) Warehougea. (20) Any oommorclec rooroaL•ional or amusement ups no 1'. iunludod in any or tho prenoodintt >lanaifioations; provided, much usts arc not, noxious or effensivc by ranoon of the nmineion of odor, dune, smoke, gas i'umns, s M noise or vibration; and provided further that no type of manufaoture or produot treatment not specifioally mentioned in the foregoing list of permitted uses in a "H" - Business Distriot shall be permitted other than the manufaoture or troatment of pro- duets clearly incidental to the conduct of a businesA on the premises, (b) Conditional U,sna Any uses armitted by Conditional Use Permits in the "R', "A-1" and 11A-2" - Dwelling Districts, the Local Rotail Distriot, or the "L 13f' - I,ooal nusinosa Xintriot may be permitted in the "B" - Business District in the manner specified in Artiole 13.24, unless suoh uses are permitted unconditional) it) the "D", "Awln or 'A-2+1 - Dwelling Distriots, the 'rLR" - Local Ao tail Distriot, or the "LB" - Loosl Business Distriot, (o) Area a uq_irsments (1) roont Yard If any building is erected or struZur"Z ly altered for dwelling purposes in the "B" - Business District, a front yard of not less than twenty-flve (25) feet in depth is required, Otherwise, no front yard is required in the }'B" - Business District; but any building on antiproperty (exceppt where used for residenal purposes) shall be set back fifty (50) feet from the center line of the street fronting the property except that in the case of property fronting streetR one hundred (100) feet in width, ff the set back shall be fifty-five (55) feat i (such distanos boin measured from the center line of the street fo the front line of the building, covered poroh, covered terrace or attached aooessory building, j (2) Clear and There shall be a rear yard for eruoture in the "B" - Business District which shall have a deppth of not leas than ten (10) feet, exoe t where an alley is provided and the d I a anoe from the building line to the center line of the alley is not less t;,an ten (10) feet, (3) Bide )Garde No side yards are required in o . usir.ess Distriot exoo t in in. stances where a building is ereo od or structurally altered for dwelling pur saes, in which oased, there shall be two (2 side yards, one on each side of the building, of not lase than six (G) foot for oaoh side, If property in the "B't - Business District is not used for dwelling purposes, but abuts upon the side of a lot zoned 'or dwelling distriot purposes, there shall be allowed ' a minimum space of twelve (12) feet in width between buildings; provided however, that the side yard of the property zoned for "A" Business Distriot shall not bo required to exoeod six (b) feet, Where a building in erected or structurally altered for dwelling purposes for buildings more than three (3 stories in height, but not o,xoeeding aighl stories in height, each of the two side yards shall be incroased one foot in width for each additional story above the third, For dwellings more than eight stories or one ti;tndred (100) feet in height, the front, aide and rear yards, shall be increased an addi- tioaptl foot for oaoh foot such buildings exceed one hundred teat in height, Lot Area mho minimum arelA of any lot used 7ror'r}i•iotlii;? piir)koses shall be six thousand (6,000) gq;t:a?:o feet, provided, havever, that in the oase o apartment houses or buildings ai,rangod or designed for more than two- families, the minimum area shall be six thousand square foot plus seven hundred (700) square feet for oaoh family in exoess of two. (5) Tot Width The minimum width of any lot uuriT Wr dwolling purposes shall be sixty (60) feet, (d) Parking ~>aoo There shall be provided in oonneotion with any use permitted in the 1113" - Business Distriot off-street parking apane in aooordnnoo with the provisions of Ar isle 13.23. AR'T'ICLE 13.20 "LX" - LIGHT INDUSTRIAL DISTRICT i The following regulations shall apply` in all "LI" Light Industrial Distriotat (a) Uses Permitted (1) Any use permitted without Conditional Uje s, rrA.2n Perm'ts in the "Rrr, "Dnp nA„lit or, Dwellingg Distriots, the "LR . Looal Retail Distriot, bho "LB" « Looal Business Distriot, 1 or the "B" - Business Distriot. (2) Artifioial limb manufaoture) automobile assembly; automobile agenoyi automobile repAir. (3) Baggage transfer and storage warehouse; bakery (wholesale or employing five or more pgersons)) bio ole manufaoturei blaokw amithinf; book puLlinhingi boot and shoe manufao ure) broom manufaoturei building materials yard; bua barn or oentral yard storage or terminal. Cabinet maker; oandy manufaoturei oanning s and preserving manufaoturei oap and hat manufaoturei oarpenter shop; oarpet oleaningi ohiokon hatahery; oloaning and pressing plant; olothin$ manufaoturei ooal yard) ooffin manufaa urei oold sborago warehouse; oommission huuse; oondensod milk manufaoturei aontraoborst etora a yard; oosmotio mane- feature; oroamary ?wholesale). ( ) Dairl (whalosale)i dental laboratory= drug mane aoture; dry oleanino (industrial); dyeing and o•loaning plan (6) Elootrioal power plant; eleotrioal sign manufaoturo, enameling and paintingi en- graving plant) express storage and delivery station. (7) Food manufaoturei food sales (whol.enale)i floor and gratin retorago olovatora; fruit; and vegetable drying; fuel distributing atatlon; fuel gas atoragei fur warehoudei rurnituro warehouse or storage. (a) Garage (repair.); garmont faotory; gas (heating, storago}; goophysion.l laboratory) grain oloval;or) gravel pit; grooory store (wholosale`i, (9) flat oloaning; hatohory; hay, grain and feed sales (wholesale); horse shoeing, (10) Jowelry manufaoturo; laundry; light and power substation; lime and oement warehouse; livery stable; lumber yard, (11) Mattress manufacture; macaroni manufacture; modioine manufaoturo; milk bottling plant milk depot (wholesale); millinery and arts. fioial flower malting; mineral water dio- tillation and bottling; motorcycle repair; moving company (with storage faoilities), (12) Neon sign manufaoturo, (13) 0ffioe building in conjunction with and on sits of industry or factory; office equip- ment and supply manufaoture; optical goods manufacture; organ manufacture; overall or pants manufacture, (14) Paint shop] paper box manufacture; paper 1 can, container and tub manufacture; paper t products manufaoturo; pencil ranufacture; perfume manufacture; pharmaoeutioal products manufacture! piano manufaoturo] printing` produce warehouse; public utilities plant; publishing company; pump station, (1.5) Radio and television manufacture; refrigora- for manufaoture; rug cleaning, (16) Sand and gravel its, yards or storage; screw and bolt manufac urs; sheet metal shop; shirt factory; uign p~kinting shop; milk manufacture; soda water manufacture; sporting goods menu- faoture; stable; storage warehouse, (17) Tailor shop; ta;sioab storage and repair; telephone exchange or substation; television manufaoture or lierial manufaoturo; television sending or relay towers; textile manufaoturo; thermometer or 6a rmostat manufaoture; tin products (wholesale)s tin shop or tinsmith; fire repair shop; transfer oompany, baggage storaget trunk manufacture, (18) Upholstery manufacture. (19) Veterinary hospital; vuloaniting shop (rubber). (20) wagon or trailer shop; wall paper manufaoture; warehouse; washing machine manufaoture= watch manufacture; water company appurtenances; waterproofing treatment and manufaoture) welding shop; wholesale produce storage or market; window shads manufaoture; wire brush manufaoture; wood products manufaoturei wood- working nhop, small; woven goods manufaoture; worstod goods manufaoturo. (91) ttianufaoturo of any kind not listed undor "HO Heavy xnduatrlal Diatriot; provided, that mioh use is not noxious or offensive by reason of emission of dust, smoke, gas, noise or vi.bra`aon. (b) 0onditional Uses Any uses ermitted by Conditional Use Permits in the 11811 , uDll 11A~1" and 11A„211 - Dwelling Districts, the 1ILRI' - Local Retail District, the 11LB" - Local Business District, or the 11B" Busitsen.._Distrio t may be permitted in the "Till' - Light Tndusbrial District in the manner spooified in Art;tnle 13.24, unless such uses are permitted unoondf.tionally in the 11D11, "A-V or "A„211 - Dwelling Diutriots, tho 1}LR11 - Local Retail Dis- triot, the 11B1f - IJooa7 Bltiyiness District, or the 11811 - Business District, (c} Ar0ft RPmu iromenis (1) Front Yard No front yard is required in 'tlieY~T - bight Industrial District, but any building on any property (exoept where usod for residential purposes) shall be eat back fifty (50) feet from the center line of the street fronting the property; except that in the case of pro orty frontingg the street one hundred (100 feet in width, the set back shall be .fifty-five (55) feet, ouch distance being measured from the center line of the street to the front line of the ( building, covered poroh, covered terrace or attaohed accessory building. i (2) Side Yards If property in the "LI" Light i'ti8u~' 141 District is not used for dwelling E purposes, but abuts upon the side of a lot zoned for dwelling purposes, there shall he allowed a minimum spade of twelve (12) feet in ( width yarddofgtheproierty howevefr, Light Industrial use shall no be required to exceed six (6) feat, E. L (d) klarkinp, Spada There shall be provided in connection with any { i use permitted in the "Llu _ Liktt Industrial Dtatriot, off-stroet parking space in accordance with the provisions of Article 13, , i + ARTIOLL 1.3.21 11HIIt r r - HSAVY INDUSTRIAL DISTRICT The following regulations shall apply In all "Hill „ Heavy Industrial Districtst os 1'ormi,tted (a) (1) Any uno permitted in any of the,foragoing districts, oxoopt that no building shall be erected or converted for dwelling purposes; provided, however, that dwelling quarters may bo established in connection with any in- dustrial plant for oontraotors and watchmen employed on the premieee; and further provided that any existing dwelling structure within alt ltit:[" - 110avyy Induatrial District may be repairod and altarud. (2) Abat;loir or packing huusoj acetylene gas manufacture; acid manufaoluro; agricultural implumonts manufuoturo; air prodttots menu- Paoturo; airplane repair and manufaoturo; aluminum mantlfacbtlVo; ammonia nlanufaotttre; rill dumps; atiphalt manufacture; refinery or gtoralso; automobile manufacture, i (3) Sag cleaning; bag manufacture; bank equip. Went manufaoturo; barrel manufaoture; belting manufaoture; bioyole manufaatuxle; blast fur- naoe; bleuoh,3ry; bleaohing powder manufacture; boat manufaoturo; boiler works; bolt and nut manufacture; box manufaoture; braes foundry; brewery; brick yard and kiln; bronze manu- facture; bruoh manufaoture; WalmeAa equip- mont maniifnoturo, (4) Calcimine manufaoturo; can manufaoturo; candle manuta oture; oar manufacture; oar wheel manufacture; oarborundum manufacture; carriage and wagon manufaoture; oast iron pipe m:,nufaaoture; CRUting foundry; cattle shed; tlau01o soda raanufaotura'; celluloid manufac- tttro; ohalk manufacture; charcoal manufacture; cha,rc+oal manufaoture and pulverizing; oheeso manufaoture; chemical manufacture; ohlorieto manufaoturo; chocolate and cocoa produoto; cider and vinegar manufaoture; clay products manufacture) coffee roasting; coke ovens; concrete batahing or ready-mix plantm; con- crete products manufacture; eopperage works; copper manufaoture'; corrugated metal manu- faoture; cotton ginning; cotton yarn mane- faoture; oottonseod oil manufaoture; orema- tory; creosote treatment and manufacture, (5) Distillation of coal, wood, bones; dumping stations) dye-stuff manufaoture) disinfeo- tant and irise 0tioide manufacture, (6) Electrical aupply manufacture; slovator manufaoture; emery cloth manufacture; engine manufacture; excelsior manufaoturo; exter- minator or insect poison manufacture, (7) melt manufacture- fertilizer manufacture) fire olay products manufacture; fireworks manufacture or storage; fish ouring; fixture manufaoturo; flour and grain milling; forge works; foundry fuel gas manufacture; fur- ni.turs manufaoture, Gasoline storage wholesale or bulk station; gelatine manufaoturo; glass manufaoture; glucose manufaoturej glue and fertilizer manufacture; grapWe manufaoture; grease and tallow manufaoture; gristmill gunpowder manufaoturo; gutta peiroha i%nufao ure; gypsum manufaoture, (9) Hair products manufaoture; hardware manu- facture) heatingg opplianaa and su pl,ies manufaoturo) hi0 tranning and Calm manufaoture; hosiery mill) hydrochloric aoid and derivatives manufacture, (10) Iron workol incinerator; insect poison manu- faoture; iron (ornamental) worku, (11) A alining and shellacking works; junk yard; JT manufaoturo, (12) Korosano manui'aetu-a and storage; knit gnodc manufaa ttt.t o , (13) Lampblack manufacture; livestock barns and auction sales pens; lard manufacture; lath rVnuf:ofUu o; li.ventook loading and shipping yards, laundry machinery manufacture; lead manufacture; leather and leather goods manu- fn.oture; leather ouring and tanning; light and po;~on n"+.ants; lime manufacture; linon goods maourrif"turs; linoleum muanufaoturo; linseed oil manufaoture; locomotive manufao- turn; lubricating oil manufacture; lumber mill. (14) Maohino shop; mraohinelry manufacture; malle- able pasting manufaoture; marble quarry; matah manufaoture; meat paeking plant; metal polish manufaoture; metal produota manufao- ture (exoept light produots); metal weather stripping manufacture; milling plant; molasses manufaoture; monument works, j (15) Vail manufaoture; needle manufaoture; nitrating of cotton or otber materials; nitrio acid or other derivativem manufaoture, (16) Oil manufaoture; oil refinery; oiloloth menu. facture oleomargarine manufaoture; ordnanoe manufaoture; ore dumps and elevators; ore reduotion; oxygen gas manufaoture, i (17) paoking plant (meat and poultry), pa,l.nt menu. faoture; paper or papor pulp manufaoture; poultry slaughtering and proo6ssing; pattern shop; petroleum refining; petroleum sborage (wholesale); petroleum wells; picky, menu- facture; pieria aoid or derivatives manufao- ture; pin manufacture; pipe (oonorete or metal) manufacture; planing mill; plaster of paris manufaoture; plating works; plow manufao- ture) plumbingg supply manufacture; pale and shaft manufaoturol potash manufaoture; poultry food manufaoture; printing ink manufaoture; publio utilities plant; proxyline manufaoture. (16) quarry (shone, gravel or aand); quilt mane- f ao Lure . (19) Railroad ahops and roundhouses; radiator manufaoture; rag treatment or manufaoture of rag produots; raw hides and skins (treatment and storage); reduotion of ore; garbage, offal, eta.; refuso dump; rice cleaning and polishing; rivet manufaoturo; rook oruahing; rolling mill; rope manufaoturo; rubber goods or rubber manufaoture; rug manufaoturo, (20) Salt manufaoturo; salvage storage yard; sand paper manufaoturo; sauerkraut manufaoture; sausage or satisags oasisgg manufaoture; saw- dust manufaoturo; saw mi.11; sorap irot7 storage yard; sorap metal reduotion; sewer pipe manufaoture; sewage disposal plant; shell. grinding; shinggle manutaoturo; shoe blaoking manufacturo; nlloo manufanturef shovel manu- taoturo; sitioltitig metals plant; ranuff Menu- tnotu,ro; spina manufaoturo; soda and washing aampound manufaoture; soybean oil, manufaoturo; stampin~r„ metal; ptnroli manufaoturo; stool mill; otnok;yardn; stone oruahing; stone outtirigr and sorooning; stone manufaoturo; structural ntr.ol and iron manufaoturo; Ng ar vol'ining; sulphur, aulphurio aold nianufao.iro; syrup and preserve manufaoturo; nal.os of ttsod auto parts And attto wrookinLr yard, (21) Tallow manufacture; tanning and curing of hidoa; top diatillAtion; tar paper manufacture and tar products; terra cotta manufaoturo; texxtllo manufactu.,o; tile manufaoturo; tin- foil. manufacture; tin prnduota manufacture; tin refining; tire manufaoture; tobacco manu- faoture; tool manufaoture; turpentine manu- faoture; typewriter manufacture. (22) Used automobile junk yards, (23) Varnish manufacture; vinegar manufacture. (24) Waste paper products manufacture; wire and a' cable manufc.oture; wagon and trailer manu- faoture; washing powder manufacture; wool scouring or pulling; wood preserving treat- menu wrecking material yard, I (25) Yeast manufaoture; zinc products manufacture. s. (26) Any other use not prohibited by city hrdinanoe as a nuisance, j t (b) Conditional Usou R Anf uses Permitted by Conditional Use Permits in j the "R" tIP) "A-111 and "A-211 - Dwelling Distriots, the "LRh - Local Retail District, the "LB" - Local Business District, the "B" • Business Din- trial, or the "LI" - Light Industrial District may be permitted in the "H V - Heavy Industrial District in the manner specified in Article 13 42t~, unless uses are permitted unconditionally in the "D", "A-1" or "A-2 - Dwelling Distriots, the 11LR11 - Local Retail Dietriet, the "LP" • Local Business District, the "B" - Business Dis- trict, or the "LI" - Light Industrial Distri.ab. (c) Area Reauiremente (l) ont_ ard No front yard is required in e Heavy Industrial District, but any building on any property (exoopt where used for residential purposes)) shall be not back fifty (50) foot from the oonter line of the street frontSng the property; except that in the case, of pro arty fronting the street one hundred (IUU~ feet in width) the not back shall be fifty-rive (55) feet, such distAnac being measured from the center line of the street to the front line of the building, covered paron, covered terrace or attached aouessory building. (2) Side ards If property in the !}kilt Heavy n ue r a bistriob is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling purposes there shall be allowed a minimum space of ~welvo'(12) foot in width between buildings; provided, however, that the side yard of the property zoned for Heavy Industrial use shall not be required to exceed mix (6) foot, (0) Parking Space Them shall be provided in oonnootion with any use pormittod in tho "1[I" - ;ieavy Xndustrial District, off-stroot parking spaoo in aooordanuo with the provini.orM of Artiole 13,23. ARTIOLt) 13, 22 ]F'101ft AREA 4ND SPACE RFt3 LN1'1ONS APPLT- UBLC ~O ALL DISTRIOTS (a) Helghts of Miecellanoous Struotures Chimneya, water towers, pent houses, scenery lofts, sugar refineries, monuments, oupolas, domes, spires, standpipes, false mansards, parapet walls, similar structures and neoes. sary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinanoos of the Oity, (b) axis a Het t eaeurema to On thro,rgh Iota one hundred and fifty (1,50) feet or less in ,depth, the height of a build. in may be measured from the curb level on either street. On throu gh lots more than one hundred and fifty (150) feet in depth, the height regulation and basis of height measure,. ment for the street permitting the greater height shall apply to a de th of nob more than one hundred and fifty (150 feet from the street, (o) . F ont lards 3 Where the frontage on one side of a street in the same block is zoned for two olasnea of distr.iote, the eet.baok on the 'most restrioted dietriot shall apply to the entire blook, (d) Reads (1) In oomputing the required depth of a rear yard for any building where such yard abuts an al]ey, the depth of lot may be considered n the oenter of the alley, and the raquired depth of rear s yard measured from the oenter of suoh alley, (2) In all distriot~s whore a buildingg is erected or struoturally altered for dwelling purposes, there shall be a rear yard having a depth of not less %an twenty-five (25) feet, (e) aide de (1) Vor the purpose of side yard regulations, two or more detaohed one or two family dwellings shall be oonoiderad as one building when oooupying one lotj provided, however, there shall be a minimum of ten (10) feet between the aides of the build- iing on the same lot, (2) In the oase of group houses or oourt M stro nbe, when buildings rear upon the s yard, the width of the side yard shall be inoroasod by one foot ser each building or apartment, abut+'ingg ~horoon, If any stairway open onto or Is served by auoh aido YArdJ tho minimum width of suoh side yard shall bd ten (10) foot, The width of a place rr court shall be not lass rhon forty 1,40) foot measured between buildings or from buildings to the opposite property line, provided that open or unenoloned porohos may pro- 3eot into tho required place or court not more than twenty (20) percent of the width of much place or court, All other requiremnnta including front, side or rear yards ahall be oola~ lied with in accordance with the distriot in which group houses or court apartments are looated. (3) 9very part of a required yard or court shall be open from its lowest point to the Cry unobstructed except for the ordi. nary projections of sills, belt oouraes, cornices, ato,f provided, however, the } above projections shall not extend into a court more than twenty-four (24) inohes nor into a minimum aide yard more then twenty-four (24) inches, The side and front yard requirements for dwellings shall be waived where dwellings are erected above stores and $hope. f5) on corner lots the ride yard regulations shall be the same as for interior except in the case of side street or reversed frontage swhere corner lot faces an inter- sooting street) in which oaee there shall also be a side yard on the street aids equal to the front yard on the lots in i the rear. No aooessory building on said corner shall roject beyond the front yard line on the iota in the rear. This regulation shall, not be so interpreted as to reduce the buildable vidth of a corner lot facing an intersecting street, and of record at the time or pynsage of this ordinance to lese'than twenty-eight (28) feet, nor to prohibit the erection of an sooessory building where the regu» lation cannot be reasonably complied widti t 2 On any lot held under separate district owner- ship from adjoining lots at the time of passagd of this ordinance, such separately oknerl prop- erty being of record at the timh, a sti;,gle f azily dwelling may be emoted even though the lot be of less area than required by the regu- lations relating to lot area to the bistri,ot in which it is l.ooatedl provided, however, that in any event the combined area of the dwelling and acoessory building shall not cover more than forty (40) peroenu of the total, area of the lot, : gr h N tJ 4 rt N O q ~ t N O 1. 0 11 tj (0 11 (D m !h W ma, m 0 rod W H N M 0 H CU tr F-r N a NN- N, B M rb N W H H W C C] t F-~ F+~ i'A Q f~ U] W to k-h N yy y 0N4 UG 04 t(DN d , ~ N1CDN 0 O l7 h H bo C+ W E4 tU N n o ro IV p1 N 1, F'h N + .-t b ct 1+ o r+ ro y h d n ~[ry7t n Qb k!hi FA FA Fft Ilk 1-t (4 93 O h! boo f~l (bp C Ly) lb ~e T M c~4 < opt M M M 't1 t a ct W M h ~~4 p 04 N r} t1 e 1 r{d Ip Ib ttAO W Ow 1 ro t 00 m V+ i i ro p~~ rah)p.~ is a, roo~o wpwp b d p O y O q a R c~ C C7 n p ~dnu 0M n"p~qu oo`w ~ppy~p I~ t dui jd~g7 pypt IA '~yGO n dgpy1 45 ~ W fi CJ. h7 W 'U fU tL N ~ N a a M m M ro m y N 9 ro m w (~P+ i (rt n mr ° c W~~ nro n IP ~I®r LL II ~.cc11 n (D N to tit l-J fu h ^ 13 y 1-I G, f-+ r~F 0 }d, m 1 + M N N t N I a. isJ rF 7 h Ww R° H W M rA N'~ Y rN K) I(-~I W }a N "r ~j d M3 q I Ii W. h 1 pa Ul N I,, ~ ~ 7S ~ ~~1 rokj m o~c~ gamy °n ~'~"tytntw of {~3 ro ron w ~z'Nwcsm mn w~owHmWN~' p c+ N ( N CL N FM y t, rig 1+0 (4 N N F+ +A M w w 7 1- yy a N m p~ N N too p F fp L2 N µ 8 1 Cn +-4 0t4ro0w F! wF7 ~4y 0N° o 01m~ ~ta 04 }GS~c+ o trop ~{e c~ tD W y ~ b l~ CO r@+fto N ~J DH ~ (w+ t6 d C~ ca m poq N~ o H t7 t* 0 mL4 N ro o 0 u t4 ID h y~ ~ 0 10 I" OW w o tD to rp FS~ is~, ~4 Y + sL n1 ry n b u ,t3 0 ~y tr w tmr + d iW n b bkf ~5~ ~ n y ~OH) CIO (D b 000ggq P d4 fp (i w C tb tp hW+~ M~~ y F» 0 r} VA. 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H' 4WD. }F~»3 v' ct . r w Ck, W K C N .-Y 0 a W ~ a G j W µ a En ;i. p A t b v r ~ W Vt~iN N t fS 0~0~ 1JLlSl ~ NY OOp00 n a o~O~- °w c4i 'c`l (a to 0700 60K Q 1 BWN IV my NW% to m a 13 lid wvt~= ~u w r~ ~ (A E w ti9~, 41 a ~ ro N N M d N CD r nr1' [n i (o) Paving_Rac~uiremante,_Group Parking Areas, and EX09 ons (1) In the "LR" Local Retail District, the "LB" - Local Business District, the 11B11 Business District, the "LI" - Light In- dustrial District, and the "HIIi - Heavy Industrial District Open parking areas and bertszs shall be paved with a dust proof or hard aurfaoo meeting the standard specifications of the City of Denton, Texas, for such areas. Groups of users requiring vehiolo parking space may join in ssta6Fishing parking areas with total capacity aggregating that required for each participating use, (3) Vehiole parking space requirements and loading and unloading space requirements shall not apply to a block fifty (50%) peroent or more of the area of whtoh was ooeupied by business or industrial structures at the time of passs.ge of Part II of this Chapter, (d) 82eoial Exooptions for Vehicle Oft-Street Y8+rK1~$pa~e ` In order to meet requirements for vshible off-street parkingg spade, where such spans is not available on fhe property occupied by a business or industrial use, in a 11011 - Local Retail Distriot, "LB" - Local Business Dis- triet, "a" - Business District, ''Ll" Light Industrial District, or "Hx" - Heavy Industrial District, the Board of Adjustment may, after conferring with and receiving a favorable report from the Planning and Zoning Commission on a proposal and, further, after public notice and hearing, grant a permit for the establishment of an off-street parking area, as an auxiliar use on a lot or lots in the "R", "D", "A-1~1 or IIA-2" . Dwelling Distriota, provided that the entire area for the off- street parking area is within five hundred (500) feet of the business or industrial use property involved and when the proposed area adjoins or ie across an alleyy from said use in a "LR" . Local Retail DisYriot, ++LB" Local Businean District, "B" ..'Business Dis- tri o, "LI" - Light Industrial District, or "HI'I a Heavy Industrial District or, in the case of a church or place of congregation of people or automobiles in a Dwelling District, immediately adjaoont to euoll church or plaoa of congregation, and provided that: (1) there shall be no sales, dead storage, repair work, dismantling or servicing o.f any kind in said parking area; (2) ontranooe and oxita shall be approvod as to location by the Planning and Zoning Commiasion; (3) no parking shall be permitted between the front yard line and the front lot 1.1no as em t.ablishod for Cho dwelling- zoned property. (!i) except for approved entrances and exits, a masonry wall not more than five (5) feel; in height, and not less than four W feet in height and not less than six inches in thioknoss may be required along, the boundaries of the parking lot by the Planning and Zoning Commission for the protection of adjoining dwelling- zoned or used property, and if erected, such wall shall conform to the required front yard line, (5) the lot shall be paved with a dustproof or hard surface meeting the standard speoificatione of the City; (6) no advertising signs may be ereoted upon such lot, but signs may be erected upon each street side to indicate the operator or purpose of the lot and to indicate entrances and exits, direction of traffic flow and conditions for parking, Such signs shall not exceed twenty 20) square feet in area and shell not extend more than ten (10) feet in overall height above i the ground, (7) lighting faoilities, if provided, shall be so arranged as to be reflected away from dwelling-zoned or used property, ARTICLE 13.24 CONDITIONAL US> PERMITS (a) 0onditional Use Permits Authorized 3 The uses listed or referred to in Articles 13 13 b , 13.11}(b), 13,15tb), 13,16(b), 13,17 b , 13.1 b 13.1y((b))I 13,20(b and i 13,21 b may be authorized or permitted in the indicated Districts by Conditional Use Permits which may be granted, upon applioa- tion to the Board of Ad jus+,:,:ant, in the manner hereinafter described in this Article, (b) Application and Procedure (1) Upon receipt of an application for a Conditional Uee Permit by the Board of pd,)uatmont, such application shall be referred to the Planning and Zoning Commission for investigation as to the effect of the proposed location and character of the conditional use on the Master city Plan for the City of Denton, (2) The Planning and Zoning Commission shall report the results of its study of said application to the Board of Adjustment, and, if such report is ft,vorablo toward the application, tho Board of Adjustment may, aftor publio notice and hearing according to law, grant suoh Conditional Use Permit, including therein such specific oonditions of use as the Planningg and Zoning Commission may diem essoni~lal to preserve the integrity,, of the Master City Plan, and sltch addii:ional opecial oonditions as the Board of Adjustment may doom essential to protoot neighboring property. (3) No Conditional Use Permit shall be granted by the Board of Adjustment unless a favorable report thereon has !-yen re- oeived from the Planning and Zoning Com- Mission, and unless the Board shall find from the evidence presented that suoh conditional usa; (i) is consistent with the spirit, pur- pose and intent of parts II and III of this Chapter; (i1) will not substantial) and permanent- ly injure the appropriate use of neighboring property; and (iii) wtll substantially serve the public couvenienoe and welfare, (o) Violation of C4ndibiona j Violation of any of the conditions contained in a Conditional Use Permit by any person, association of persons, firm or corporation using or occupying property under such permit shall constitute a violation of this Article, and any such violation shall be punishable as t provie.ed in Article 13, (d) Dispontinu noe of Conditio al Use Upon the discontinuance of a conditional use on any propertyy, the regulations applicable to the District in which such property is lncated shall apply as if such permit had not be,9n granted, (e) Planned Residential beveloponts The authorization of a Planned Residential Development, as described in Article 13.13 (b) (13) shall be subject to the following additional conditional (1) The report of the Planning and Zoning Commission N) the Board of Adjustmon~ shall be in writing and shall include the finding as to whether the.proposed development is consistent with the Master City~ Plan of the City of Denton. In addition, the applicant may be required to make such dedications of land and utilities for publio use in accordance with the policies and control ordinances of the'aity governing he flame and may be required to restrict cetitain areas rf the development perpetuallyY'(or for the duration of the development) as open space for common use. The development as author orizod shall be subject to all conditions co, imposed and shall be oxoep+-ed from other provisions of this ordinance only to the extent specified in the authorisation, (2) The application must be accompanied by an overall development plan showing the use or uses dimensions and locations of pru- posed streets, parks, playgrounds, school sited, and other open spaces, With such other pertinent information as may be necessary to determine whether the con- tomplated arrangement or use makes it , desirable to apply regulations and re- quirements differing from those ordinarily applicable, The applicant shall obtain written comments on the proposed develop-. Mont from the Public Works Department,, Fire Department, Health and Sanitation Department, Building Inspector, Parks and Recreation Department and Postmaster and submit these with the application, (3) The tract or parcel of land involved must be either in one ownership or +'he subject of an Owners of all the property Inclluded~(the holder of a written option to purchase land and a redovelopor under oontract with the City's official redevelopment agency to acquire land by purchase or lease shall, for purposes of such appli- cation, be doomed to be an owner of such land) or by any governmental agency in- oludin the dity's redevelopment agency. The at c must include an are s. of at least three (3) aores or be bounded on all sides by s*reeto public open spaces, or the boundary lines of lass' restrictive use districts, The application may include a proposed subsequon„ division of the in- volved tract or pam~el of land into one f or more separately owned and operated units, Such proposed subsoquent division, if approved along with the planned do.: ve)opment, shall be permissible without f further approval; otherwise any subse- quent division of the planned development shall be permitted only upon application to the Board of Adjustment as provided in this Article, The proposed planned development must be designed to produce an environment of stable and desirable ohuraoter not out of harmony with its surrounding noighbor- hood, ':ijJ i:4,yt provide open space and off-s Greet parking faoilitioa for the occupancy proposed. The proposed develop- ment must provide for park and recreation arsae to satisfy the needs of the areals anticipated population as specified or recommended in the Master City plan, (5) A conditional use of this oatoggory+ may contain commercial and professional uses as an integral part of a planned resi- dential development. However, such use shall be planned and based upon the ro- quired service and convenience of roar dents and employees working with, al- though not residents of, the planned residential dovelopmont, and shall be authorized only to the extent that such uses are not available to the rosiden*e in close proximity of the planned devol- opment, (6) Upon the abandonment; of any particular planned residential development project authorizod under this subsection, or upon the expiration of the time limit that may have boon set by the Board of ;•arr..i.r~ Adjustment, as recommended by the Planning and Zoning Commission, for completion of the pvojeot (unless commenced and an ex- tensi,)n of time for completion has been granted), the authorization shall expire and the land and structures upon the site may be used without such approval for any other lawful purpose permitted within the zoning district in which the planned resi- dential development in question is located, ARTI019 13.25 ZONING OF NEWLY ANNEXED TERRITORY All terrl*nry'hereafter annexed to the City of Den. ton Texas, shall be classified as "R" = Dwelling District property until permanently zoned under the provisions of Part II of this Chapter. The Planning and Zoning Commission shall, as soon as practicable aV er the annexation= of any territory to the City, institute prooeedings on its own motion to perma- nently zone such newly annexed territory, and the Planning and Zoning Commission shall make a written recommendation to the City Council as to the prorctr zoning for such territory, The procedure to be followed for the permanent zoning of newly annexed territory shall be the same as is provided bylaw for zoning changes. ARTICLE 13.26 NON-CONFORMING USES (a) Bxiatinrt Uses Any use of property existing at the time of the passage of Part 11 of this Chapter which does not conform to the regulations prescribed in the preoeeding Articles of Part II of this Chapter shall be deemed a non-oonforming use; provided, however, that any duplex or apart- ment use existing at the time of the passage of Part II of this Chapter shall thereafter be deemed a conforming uae s (b) Alteration of. Existing Property (1) The lawful use of a building at the time of the passage of Part 11 of this Chapter may bo continued although such use does not conform to the provisions of Part II of this Chapter; and Any such use may be extended throughout the building provided no structural alteration except those required by law or ordinance are made therein. (2) If no structural alterations are made, a non-conforming use of a building racy be changed to another non-conform ng use of the same or a more restrioted olasei- fioationj provided, however, that in the event a no,4-oonforming use of a building is once changed to a non-oonforming use of a higher ur more rostrioted olaasifi- cation, it shall not later be cahanged to a lowev or leso restricted olassifi- cation. (3) Ii' such non-conforming building is re- moved, ovory future use of the land or promises shell be In conformity of tho provisions of fart IT of this Che,pter. fµ (c) Restoration of Dama al PrOrtY Nothing in Part II of this Chapter shall be construed as preventing the restoration of a building destroyed to the extent of no more than seventy (70) percent of its reasonable value by fire, explosion, casualty, act of God, or a public enemy, nor the continued occupancy or use of such building or part thereof, which existed at the time of siloh partial dostruction, (d) Regulation of Non-Conforming Uses The right to continue a non-oonforming use shall be subject to such regulations as to maintenance of the promises and conditions of operation as may, at the discretion of of the Board of Adjustment, be reasonably required for the protection of adjacent pro- perry. A non-conforming use, when abandoned or discontinued, shall not be roaeumed. For the purposes of this Arti.ole, abandonment or disoontinuanco shall be designed as followst (1) when land being used for a non-oonforming use without a building or .atruoture shall cease to be used in a bona fide manner for one (1) calendar month; (2) when a building or structure is designed or arranged for a non-oonforming use and shall oease to be used in a bona fide manner as a non-oonforming use for a continuous period of twenty-four (24) consecutive oalondar months; (3) when a building or structure is designed or arranged for a oonforming use and shall cease to be ,used in a bona fide manner as a legal ncn-oonforming use for a period of twelve (12) consecutive calendar months, The Board of Adjustment shall have the author- ity, upon substantial hardship, to extend the above limits not to exceed six (6) months. A Certificate of Occupancy shall be issued for all legal non-oonforming uses, ARTIOLM 13.27 ZONING MAP DE310NATIONS (a) Distances and Scale (1) When definite distances in feet are not shoran on theZoning Map, the District boundaries of the Zoning Mr, are intended to be along existing streov, lley, or property lines or extensions of or frond the same, (2) When the looation of the District line is not otherwiso determined, it shall bo determIned by the soale of tho map mousurod from a given line. (b) Var Ing Ground Measurements Where tho ntroot lay-out actually on tL5 ground vartoa from the stroot lay-out as shown on the Zoning Map, the Board of Adjustment mny apply p the designations shown on the mapped streets in such a way as to carry out the intent and purposa of the plan for the particular area in question, ARTICLE, 13,28 COMPLETION OF EXISTING} BUILDINGS (a) Const~ru, otion Nothing herein shall require any change in the plans, oonstruotion, or deaiggnated`Use, of a building actually under oonstruotion at the time of the passage of kart II of this Chapter, and which entire building shall be completed within one year from the date of the passage of Part II of this Chapter. (b) Ohn~e Nothing herein contained shall require any change in plans, construction, or designated use of building for which a building permit has heretofore been issued, and which entire 1 building shall be completed within six (6) months from the date of the passage of' Part 11 of this Chapter, (o) Puture,_ Cha 4 If an amendment lD part 11 of this Chapter hereafter adopted, changing the boundaries is of districts, the provisions of Part it of this Chapter with regard to buildings or ? premises existing or buildings under oon- ,i struotion, or building permits issued at the time of the passage of Part 11 of this Chapter, shall apply to buildings or prenfiaes existing, ' or buildingm under oonstruotiein, or building ` permits issued in the area affected by such amendment, at the time of the passage of such amendment, ART ICLM 13.24 ENFORCEMENT (a) B„ut.id.inR Inspector The provisions of Part 11 of this Chapter shall be administered by the Building Inspector of the City of Benton, Texas, (b) plats All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale showingg the actual dimensions of the lot to be built upon, the size of the r building to be ereoted, and its position on the lot, and such other information as may be necossary to provide for the enforcement of these rogulations, (c) lteciorda A aaroful record oil such applications and plats shall be mAintainod by the Building Inspector. Ali'i' I CLi 13-30 ENFORCEMENT INTLRPR14;7'ATION (a) Uses Prohibited 121 ether Ordinanoos Nothing in this ordinance shall be oonstrued as repealing any existing ordi.nanoo of the City regulating nuisances or permitting uses which are now prohibited by ordinance, (b) Deed Restrictions No provision or application of Part 11 of this Chapter shall be construed as affecting in any manner the rights of individual property owners to privately enforce dead restrictions upon the use of any property zoned under the terms of this ordinanceif suoh restrictions are of higher or more restrictive claesifioa- tion than the provisions contained heroin, ARTICLE 13,31 CERTIFICATE OV OCCUPANCY AND COMPLIANCE (a) Certifioate Recuired No existing building and/or no building herE,- after ereo,ed or struoturally altered shall be used, occupied or changed in use until a Certificate of Oooupanoy and Compliance ,shall have been issued by the building Inspector stating that the building or proposed use of a building or premises oomplies with the build- ing laws and the provisions of these regale- tions, (b) Application .ro Certificate j - ! (1) Cortifioates of Occupanny and Ccmplisnoe shall be applied for ooineident with the applioation for a building permit (And shall be issued within ten (10) da't'e after the ereotion or struotural alteration of suoh buildings shall have been oompleted in oonformit with the provisions of these regulations, (2) A record of all oertifioatee shall be kept on file in the office of the Building In- speotor, and oopiea shall be furnished on request to any person having a pro- pristory or tenancy interest in the build- ing affected, (c) APRlioatloh Required No permit for exoavation for any building shall be issued before application has been We for o; Cortif.ioato of Oooupanoy and Com. plianoe, ARTICLE 13.32 OHANOES AND AMENDMENTS (a) uthorit to Amend The City Council may from time to time on its own motion, or on petition of an interested property owner or owners, amend, supplement or ohann by ordinance tho boundarios of the Uistric,a or the regulations herein established, (b) Filing petitions Fdo Each and every petition to the City Counoil, as provided in subasation (a) of this Artiole, shall be filed with the City Seeretsry prior to being presented to the City Ceuneil, and shall be aooompanied by a fee of Thirty-five Dollars ($35,00), payable to the City of Denton, Texas, no part of whioh shell be returnable regardless of the aotion taken on the petition. (o) Refo ral to Planning and Zoping_Commmi. sion before taking any aotion on any proposed anend- mont, supplement or change, the City Counoil Zoning shall submit the same to the planning and Commismion for its publio hearing, reoomatendation and report. (d) Publio Hearing. and Notice (1) A publio hearing shall be held by the city Counoil before adopting any such amendment, supplement: or ohange, (2) Notioe of such hearing shall be given in the manner presoribed by law, stating the time and plaoe of suoh hearing, whioh time shall not be earlier than fifteen (15) days from the first date of publioation, (6) Amend Le..~ent Over Protest linless suoh proposed amendment, supplement or ohange has been approved by the Planning and Zoning Commission, or if a protest against suoh proposed amendment, supplement or ohange, has been filed with the city 8earetary, duly signed and aoknowledged by the owners of twenty (20) per oent or more either of the area or the lots S,noluded in such proposed uhangea or those immediately adjacent in the rear thereof extend- ing two hundred (200) feet therefrom or hundreds diveotly opposite thor.eto extending (200) feet from the stroet frontage of suoh opposite lots, suoh amendment, supplement, or ohange shall not beoome o feellvtex0embere of three-fourths (3/4) veto of the City Counoil, ARTICLE 13.33 BOARD OF ADJUSTMENT (a) APPoi. 4,.,ant and Qualifioation The Board of Adjustment shall be appointed and of qualified iCharter Sootion (b) Powers. Gsneral The Board aP Adjustment may, In appropriate oases and subjeot to appropriate oonditions and safeguards, make spooial exoeptions to the terms of fart 11 of this Chapter in harmony with the general purpose and intent horei^ orpspeoifloarules heroinacontaineathe general. (p) Rulos The Hoard of Adjustmentmay adopt rules ovorning its prooeodingn, provided, hat suoh rules are not inoonsistent with any provision of Part 11 of this Chapter. (d) Sponifio Pnors of the Hoard of Ad,iustment The Board of Adjustment shall have the following powers; (1) to hear and decide appeals where it is alleged there is orror in any order, re- quiremont, decision, or determination made by an administrative official of the City of Denton in the enforcement of the provisions of Part II of this Chapter; (2) to hoar and deoide special exceptions to the terms of Part II of this Chapter upon which the Board to required to pass under the provisions of Part II of this Chapter; and (3) to authorize upon appeal in specific cases such variance from the terms of Part 1 of this Chapter as will not bs contrary to the public interest, where, owing t-1 special conditions, a literal enforoemW, of the provisions of Part 11 of this Chapter will result i.n unnooosaary hardship, and oo that the spirit of Part II of this Chapter shall be observed and substantial justice done. AM110LD 13.34 PENALTY FOR VIMATION (a) Violins Any person, association of persons, firm or corporation violating any of the provi- sions of Part II of this Chapter, or failing to comply therewith, or with any of the requirements thereof, or building or altering any buildingg or structure in violation of any detailed'statemEC~ or plan submitted and approved hereunder, shall be gguui.lt~. of a misdemeanor and, upon oonviotion, shall be fined any sum not less than Five Dollars 5,00) not more than Two Hundrod Dollars ~$200,00),,and each day any such violation oontinuos shall constitute a separate offense. (b) Persons Responsible f pr V of Lions The owner or owners of any building, structure or premises, or part thereof, where anything in violation of Part II of this Ohapter shall be placed or shall exist, and an architect, builder, con. - traotor, agent, person, firm or corporation employed in connection therewith and who assisted in the commission of any such vio" laticq shall each be guilty of a sdparpte offense, and, upon oonviotion thereof shall bd fined as provided in subnootion (af of this Artiole. Soot on.2, That all ordinances or parts of_ordtnanoes in force when the provisions of this ordinance booome effective which are inconsistent or in oonfllot with the terms or pro- visions contained in this ordinance are hereby repealed to the extent of any Such conflict. ,oction , That if any Section, Article, paragraph, sontenoe, o ause or phraso oontainod in this ordinance, or if the applioation thereof to any person or ciroumstances, is hold invalid by a court of competent ,jarisdiotion, such invalidity shall not affect any other provisions or application of this ordinanoe which oan be, given effeot without the invalid provision or applioationI and the provisions of this ordinanoe are hereby deolared to be severable, Section That h dosoriptivo oapti.on of this ordinance atat17n6 . su ar" the purpose of this ordinanoe and tho, penal y_for viola ion hereof sha. be published twioe in the Denton Reoord-Chroniole within ten (10) days after the final passage hereof. 3gotion That this ordinanoe shall beoome effective four 11eehhlays from the date of its final passage, PASSED AND FINALLY APPROVED this day of A DS 1961. i a or Ci y of Denton, 'T'exas ATTTST t k ; City of Denton, Texas APPROVED AS To LWAL FORM! orney City of Denton, 'T'exas i is ENE f' 0 iF FILE P,i