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Home My WebLink About4460 -y. I ~ r{ ~4 ik i 4y ri ' ~d~ 1t ,i - ,I 111 rz,I~ y i , i a 1 ; , 'IV'„ ; 1 t Il N , 1 ~ I I ~'Y ytY; >e~~la_ ~ [ I ~lrtt~il t.~,l y' I AA I { je y; ~t r~>~ ~+pp4k't trof~ plwr►ing ebd zaa~ng Oomwieeion on OQmprohensir Zoning Ordinm ee Minutoo at PlfkMiAg & Zoning 0002- i$Sibn for Publio Hearing - res nwppreheneive Zoning Ordinenoe i r r Notioo is hereby given to cell part:icnn in 1.11toroat and oitizone that the City Oounoil of the City of 1)onton, 1,exas, 1jee rbooivod tho Final Report; of the Planning And Toning Oommi.asiIt o.t` t;1ao City of Dont'on, Texas, reoommonding iho adoption of a now and oomprohonn 'vo woning ordinonoo for hho Oity of. Denton, Texas, tho arAid ordi.nnnoo boaring the following onpti,ont ORDINANCE NO, AN OZrNANQFI AMENDINO AND SUPPLANTINO 0XICLES 1.3,10 THROUGH IIo29 INCLUSIVE OF TH1I OODE OF ORDWANORS OF i'm CITY OF I)ANTON, Tioh, 13Y THP, ADOPTION OP A NEW AND TRIIOOT F1~I~OVLATTXG T1m HH;0HTEANDsI~>aSOZ~NSOMI) N06 AND O'!1filk kRt1ltA'V1R'B8 AND T*11; WENTAG9 OF LOT AMA THAT MAY es O0"P13qp THE SIZES OF YARDS AND OTM OPEN SfAQ THE DENSITY OF POl►bUTIONO THE L'00 0109 AND lX U. OP 19CXt,DIX080 ST'YVOTVRES, AND UD '"R, TRADS IN* DIY IW COMM DUOS OR OTRHA t'APOASS AN6 T" EEtECT16N Cox 'L'WDQX01 1t1Or"'TM'TXON, ALTICRATION" 1Rt?.&XA Oh 11M of ILD1006 RTWOTURES Op LAND WXTATH WH nISTRrOT81 PROvrb1V0i hR O1P»!3'r?ftV PANKIN01 Aw KPJMrNG OXAPTRR 11 PART tit OF TIM OobE olr ObOANOZ8 OP,! V, 0M, OF Diidow, Trus 19X' ADOPTING A 7ONXNO NAP t3ROkW THE MAL LOCATION 6P $009 D%ST0r0T8PROVIbINO Mfl HODO 00 1~OoE1' IT 00 OMTVIOATP;B OF 00 AHOY AND OOMPt IANCH FAIR MZT'HO{~t3 OF ERlRE2'ATION 'OF 1'HS ORDIO VAVdF DMir!ffrwa, rXRTAX* WORDSI PROVIriTO ~0?t A DOAPM 010, AD STH(~NT1 PROVIDT%a PENALTIO8 Yb" VIOLATIORS; PROs V4 MG PoR AMLNbWNT'S An ORA US IN Ttm TERMS OF Tim A SAV 0iOLAU91IANDCDMOC,, RINGOA0~P0CdTV9 DA'0NIbINO A publio hearing before the City Oounoil of the City of Denton, Toxar, in (relation to auoh final roport and tho adoption of the said ordinan0e at wh1oh all pprtiox in intoreet and oitl,xons shall have an opportunity to be heard will be hold in tho Munioipal Building, in the City of Denton, Toxan, on July 18, 19610 at 2100 010look P.M. W. D, nuttrill city nr V otary 9~/ city IJonton, 'loxes n MINUT98 OF PLANNING AND %ONYNC COMMISSI011 City of Daman, Texas Special meeting of the Planning and Zoning Commission of the .^,lty of Denton, Texas Juno 20, 1961. 3:00 P.M. Municipal Building Audito" um, city of Denton, Texas, Presoutt Dr. Harold Farmer,{ Chairman; Dr, Paul Young; Mrs, Lonnie Yarbrough; Or, Richard Ragsdale; and Ray Lagledar, T& M N0, 1, Dr, Harold Farmer announced the Planning and Zoning Cotmniusion had prepared a preliminary report: containing and recommnnding the adoption of a now comprehensive zoning ordinance for the City of Denton, Texas to the City Council; reporting this report and the full taxi; of the proposed ordinance ware published in the legal notice section of the Denton Racord Chronicle issue of. May 14 ,1961, Dr, harmer announced the purpose of this meeting was Lj hold a Publin Hearing on the aforesaid prnlitLriary raport and proposed zoning ordinance, CapE~ t1oY 1 r 'ir, and Mrs, B. D. Calvert: present to dtanuss the zoning on property described as Lot 36.1; Block 3508 and Lo L• 2, Block 3508, tbf:) property being p-aced in the "LB" District, Mr, and Mrs. Calvert, requested no change in the classification of this property, case No. 2 c Mrs, L. T. Milliken, 1211 W. Oak St., present, to discuss the zoning on this property, requesting this property be placed in the "R" Dwelling District: rather than the "LB" Local Business District. Ogg Not__,! f A. _J. Roberts requested classification of property described as City Lot. 11, Block 2760, located want of the steam turbine power plant, be eleasifiod "LX" Light 'Industrial District rather tN.A the "R" Singlo Dwelling District as proposed. Mr. Roberta also requested property described so Lot 9, Block 276D be classified in 1 the"A-1" or "A-21' District; rather than the "R" Dwelling District, reporting plans are being made for the construction of apartmunt units on this tract of land, Mr, Roberts also reported his interest in locating an industry on the tract of land described as City Lot 11, Block 276D, f Casa No.!i J. A, Parker requested property described as Lot 5, Block 176V, be classified from the proposal "R" Dwelling District to the "B" Business District, Case No,,5 Mr. Richard Fletcher, 1008 Coit Street, was preaont to request information re- garding zoning rand not with the clasciflaation of hie property which had been placed in the R Dwelling District. 4aa ~ Nu,.~~ Nat Noles requested a triangular tract of land de3lgnated ae City Lot 14 Block 118-0 be classified as part of the "y,R" Local Retail District rather than the proposed "R" Dwelling na triet. Me, holes roport:ed he plane in the future to build an office building on this lot but has no tnrnediate plane, br, Marion DoChazo requested the north side of Egan StreotrbeeplacedcinuthenI'D"tDwellingpDistrictrrrathern than tho proposed "R" pwelliug Aintrict, Dr, Da,9hazp reported this property being located itmnedigtely north of the Flow Hospital, stating there was s ,sad for two-family dwellings in this area to serve thu Hospital needs as wall as ? the C1ini.o needs located in this area and also for ~caohers teaching in the High School, Yuni.or 11igh School, and nearby Klcmentaty schools, Dr. DaShszo ruportad she purehanad thin property soveral yearn Ago for the express purpose of build- ing a two-family dwelling. i 0,1r(s No. 8 Murray Juhtsun of Dallas, 'rexa.3, dl,zoisaef '.'ho proposed :lydl,n.dnuo with ruforence to the rugairntnt~nt: for a 50' a"t h+rn'.,. for front yard rug rivimantc, in the 11P"" Bualneau Dtatrfet. Mr. Johnuun wie infurmA the: Planning and Zoning Jorrcniasion has this manor undo" conaideratlon r.rnd will nor.i.fy him of the incision at such timo as thn atudi.ou are tirii.r+hr-d, r Mrs, b'rtnni.r; Jackson of. 811, Morsr: Strout requested property located on City lot 13, Block 269, bu placad in the "D" Dws121ng Distr{,ct rather than the 'IR" Single r Family Dwelling Dist.ricL, report:'-;g chly lot: to be 54' fronting on Morse Stroelt and rrcCa:ndi.nt 266' to deprh, f No, l0 Bill Holland dl,ecusst:d L'I.I.y Lot's 8 rind J, Block 4u8, reporting l,hi.;v property had been placed In t.lnt "LB" Diatr r.t, and rF:;lirentc:d inforntnt.lou cotiuarntng any cheugns this might: m4ko over }ti, prr,renL zordng in the. gkmfnous D13t.rict, 'u Caect;ch 11 Myrtle Itarroll, 406 llolivar Strent, di.scussod zoning of City Lot 15, Block 425, whir,h has bean planed in the "B" BUR.iI'reas Diatrict. Miss Ilnrroil requnated in- formation with roUtronoo to tcx valuos pla;rr;d on proport:y and dial not protnat znnitIg ill thi.a proposed distrl.cL. Case No. ;.2 j" Miss Julia Jones, 512 Bolivar St.coel:, rcqueat.ed information with reference to inoreaun in value of property tnxes fur Clty Lot: 14, Block. 424, since this t property had been placed in thr. "1,Br, local Business Diatrict, Caliatte No. 13 ' Edward Owotna, John Jhamborlain, anti Johm,y Cratton, rrprcacnt,fng the Phi Kappa 3 Sigma Fratergity, located at 2046 Scripture, rc,quoat:ed inforrttation as to the adding to Cho present facilltlos if title property should remain in the "RIr Dwelling Distriot, and rnquestod r.laseiff.ration of property into some district that would port;it adding additJong t:o Lila present structure for use as a fraternity houriu, v lase_Not 1.4 Randall Cochran, Mrs, Floyd urabarn, and c :h rs from the Highland Park Road- Whippoorwill, Strout area present to uorrmnnd the Planning Lind Zoning Commisaion for their study and the notion, being taken in making r4commendation to thn City Coulutil for adoption of the nompreohonsivn zoning ordfnanwro and map and requested Clint property owned b,/ It i:ratciratty on Cho lltghl.And earl' Road not bo classifind in any alasaifinatiu;r other khan the "RI' Dwelling Diatrict as now proposed, i real, Mrs. Ross Compton, 428 Fulton Strout, roq-seated information noncerning city hots 31, 32, and 33, Btoek 489, which have boon placed Jn the! I'D" Dwelling' J District,, Mrs. Compton roqueelod lniormccta,un as to rnmov(ng u garego apartowtit etruntur•n on nine of into lots and Yopl+e:alra~ r;ne st;ruetuen w.tth a al.itgla family c' dwoll,LnB, L,3ar~ N~t,_l6 James R, Wiley, Attorney) appeared to protprit: aetion of Hic• hoard in ronommund. fug zoning of property. Mr, WI Ley pror.,•,Ht.~d olaaniftc.rat.ion of property located at. 110 W. Collugu, being City Lot 18, Blt,,Uk 4120 in the"A.1" Dwelling District and protesi.ad planing Clity Let: 2, lllocA 430, 409 Parkway Srrr;nl', in the I'D" Dwelling District, raporting thio propetrt,y now has 5 istill.y wri.ta located on this lut. Mr. Wiley rnportud proper- at: 206 Crawford Strent p.lacad In the 11111" DWOlling Diatrict tQ hn in th(; prertrr clavitifica':ion. C^ase No. 1'7 A. L. CalbruW0i rciq,ua3l:rzd inforu(arion aonaurning property locatal on. thsi 2'swtt:h side of Highway 24 and flit, csaer uido. of highway 288, ropurr:lrtg six pn;pl.~ ham acqutroll 41 itorli:t in thin ar(:,z mud rnqutitiLrid zoning !:hmnpoe ftom Hill "Rol 11mil.'I 1ng D1,etrlrt: Lo eomn typn of buvirte.o zoning sincle. the propacrty on I:hr. acerb ttidc, of 111ghway 24 and t:het west: eider of Loop 288 Is pr(is(int:ly c;,cup r:d by at r+urv{en eC?ztaon purl nrht;r bu;)lnta„rul, (;aae No. 18 ,lot 11. Alton) requp.e,IA tll.t:y Lot, 't, Block 117A, locato,d nt. 1619 Urd+,rwoo.l Stt'c,,::c ho p1noed fn u venfntt al-i -,if'lnt i fbaL would pr,rm1e (it(- piopartf b(, m;-.d i~ fc..i' flt,.. r,,,n-.r.rticritu ul' ~p!tt'riun ! h?.cece. a ( v1 No. 19 M"t+. I,rit.Ly 4lntfIn„a and Mr-3. Nary (Jlaud,. c"sloth 1) rtiscnr, w vi 'quusl. prop. r':y lrnataid on I:Itrt north I,,lxltt of UriIvor'tlty Urlvo giou1: front North I-o"lust St:milt , and w'3(. from Bell hvrunttt b; piraood 1r, the zoning dlstrlcr, wlAch would pur. mibuff lnut, t;,r) )pt,raim. Al (~;leU :Yo,. 20 11, N. Ryon, 1801 N. RIM, pretior±t. t:o d.tanuse Ole, zoning usp plra<;ed on (lil:y Illork 419 f;rgm Urt.tvurnll:y Ilrfva arouth to tlolloge 8t:roaL. Mr. Ryyrt rttporl:od ;j hr., wag wtell srzt:IsIl j wIIlIt f,ha IIRu Dwe111ng elae.niftoat:inn p'Inee-3 on I,hIf } propart:y and rr quuc:t:F:d Lho properly not: bu alnostfind in Homo other zoning r1aA81Gl.uation, t, (Iaxti No. 2' i( 5 Mre..W. J. Moor.u retqu:iatod proptircy looaLod at, 305 W. Prafria 5ftfxIt,, bedhg Git.y Lot: 17, Clock 307, be !t,laoeH.Amd in clto+ "LK" or 'tLB" Di,r'trlut:, roporl:Lng a watibal:uria is prnatantly 10"'aCck(I Ill 0110 _L`asc^ No. 22 Mre. IT, L. Owens requrs LCd City Loi. 22, Block 198; bh rllaunl.ftod all a part cA tho "Do' Dwelling' DiroCrier. rut:hor Lhan Lhe "R" Dwelling Ulsl:rl,at: rr.+.porlat,( llttl proport:y watt udjarc,r,t to pruparl:y (mitt; uaud for bueltless and tone not: sultabl( for eingio family dwellingn. It((EiEI l1 ^ 23 henry WHII.euns raqugNCud a zoning rlanaification for 01ty Lot. 6, ulook 2!01), Co some o1+zNSltlcaLSon ot:Jtrir than "Rrt Dwelling D1hLrtttL, reporting j1da lsr,d w+atl mad fr,r fuming purpuaus and he had no plans for futuro dovelopmont, C99n, No, 24 Gcurke lt+man ritquuaLr;d property bnlonging I:o Uri NcLor Roburt,n, (.at',os lnmau, him.)to IL and uOwvF IocatPit] 1.n O1Ly Blocks 23'3 and 233A ht( clsaaallltill aA a part. of Lho "I,i" 1,1911C Itt^luatrlai DIAtriol1, Mr, 7.rtmtna [Aled a wrl(Lom polUirin 4t r6quovAng t:h'!a properly bo olaNaffirid in Lhis ~l1.nl,rl.rc. L'.(an No. 25 .pt'ad(rttk I:o,atntgra(t1LnP.n etl(i Auat'd f."r rtic oneuatill lhi Ll,.t M g. btvlonu of Hu xot,lctg uteip, rtpurt.tiig a roiJ11g ordlnnnao and tu'Ap Into hsott In nn,^.rt or Lho City of Du:nLC^n for It 1onk, lung f1.mo, s w all : t~ 26 1 Miss Nnt,ett 3huIL% and ri0iore pros(ta, to 1) rot.unt znn.tng to th(; "1:9" Dl8t:r.i<,,t of any lord la".1ne hr)-UiL 5t.reift north of 111ghway 24, rpquoot:l^t1; kwo lo+.~ on 1 Mvi wa.-,L sLdti rt4 Nor411 l.au'.rel: stt:tI(A noet,h of 111f,11may 27t w br, al(cwn Irl 0:11r, 1 "I,C" Uisl:rlct: 5j plat.; LJJJod i,tt kha "R" ]hvnlling 3lf.sl:rlr,f: reporting tilt. prrSp"rf.y nn Nnri: Lonust; $I:rgeot north of W,ghway 21; ahould bit In I:hu "Rol DwvtlLng uc,tri.r;l:. M1aa blivlC; -f.afvd Lou mush propriety hAd baetn ala3FIF.Io'l a: }luriLrraG prgpeY'(:y I,tt Lhe. (I,l.t:y CIL VrrII:on, j i fl,~a~ ~_,ko , . 27 Clyde Cxrpttlrta9r t•eproaec,nting Mr, and Mro, Jack Schmitz, prp,semt,c,d plans for tho uoast:rite ti.on of a proposed lodging budding to be located on City Lots: 3,4,5, and 6, Blank 4011, 1,mm,idiaLely west: of Flow Hospital an.i rxiuestad this property bn oJ,assified al, a part of Liu 'U'll Dl;,tricL which would Permit const.ruct.lon of the needod iaoO tt:y to a,comodate overnight guesLa vlelting flow Abspital, Weidon Knight reprwsanting Kappa Alpha Yeaternity requastod Cicy Lots / and 8, Block 3034, located on Highland Park Road be claseffiud from the "RI' Voolling District to Oho "A•-2" Dwalling Dlrt.ri,co: which would pornu.a Lie. ainsttunt. on of a fral:,rnl r,y houein C, 'I t,h prup.:rr Y. Mr. KniBhp roportnd. Cho of t tie lit 1 to b„ 615' by 28:1tApprwdmat.fily 3 ncro;, and ample parking space could bu prbvad,ui. 1 ~ ~ o , 29 Qulnby 8ulf' rnrjufji;ed C.Uy Lot 8, Blatak 140 A be ciasraiffill as "1,811 bugir:uss Dlv~t:ri.ut, ruporl;irrg rro plans for dcwoloprnent at thce present time, Not ;0_ r1r, (fano Lucy Price present: to prouint. tiny business coning around klto Frod Moaru School., pass Nom: :ilil D avid Mulkoy requested prope;rl;y luoatcd on the north side of Withers 9troet between Oakland Avenue wid Bell Avenue be el,assifiud as a part of t:he I'A-211 1lwalling Distri,r,t: ulncu the CLLy Park is located on tho south and thin north one-half of this block or properly 3om;adi+ateely north of this propci-ty is proposed to be zoned "A-2n Dwalling Dietriot. Mr, Mulkny roporOA.. plaola for t eonotrur.tion of a multiple faintly dwoll.l,ag, f dgea No. 'i2 J Jim Tom Bayless present r.u tlf.scuso zoning en West: Sycamoro Street east Crom Alva. D, protesting Oils property being ptaocd in the "A-2" Dwulling Disl:r.irt„ i Casa No, 3j Albert Adkisson roquest.ed hots 1,2,3;4,.5, nr.d 6 of thH W, S, llursL Addition to 4, t:ho CJCy of Dp.nton, to be zoned carmmnrai.al sincn it. loins an 8 nacre @ranl owaod by .Toe We Nickels and J. L, rinntegs which has btlon classified as a part of the "Ls" District. Mr, Adklt,son rejportc,d no'plana for presvttt dovolopmc,t, L3~iU G. 34 Mr} G. 11, Bunhanan reyuet,t•ad 01t:3y Lot 13, Block 4013, be el,assified au a part of the bu93neys dl,at:rl.cl:. Mr; Buuhaean roporLod hn had no plazta for davulop- menL of this property. rt ,r. Mrs, Tom Mflaer, requeat;ed zoning to the 11A-1" bi.etrirst of propetrty l.ooatnd on the south gi4 of Went Sycnnioru oast, from Bernard Street, R, BaldrHile tf.,questc.d Wry Lot: 10, Rtook 4026 located on Av rwo, 1 bu ot(wi Lf.iod tit Nis "A.-I" Dwelling District; raportJng this properly to be 901 by 2591 and prosotttsly has 3 family units located on I:hao property. Mr. BaJ,drldge also raquasUid City Lot: 9) Block 261, toc,ntod on laaktion Street, be calassifled in Lha "A,2" Nulling bf.eitrict:, but reported no plans far dovolopmenL of t,hl,a property, far>0 !a,_37 i L, B, Rundy, rrsqucst.ed inform•tt,iun as I,o the roams for plaatng property looaud all 914 llrlylnk" Sttr601.' ill ills 11D" Dwolhing bl.af:rict, reporting tills property I,o bo a sloglo family dwol).Jng ani It would by impossible to nhahge tltis propetty to a two iarni t.y uni.ts, Caec No, 38, Bon Ivey, rapresentteg the p'airhavan rc:quosted i.nforrnation corwarainn prouar zoning for the construction of I:ha F'airbavon homa on property located on boll Avenun o(f: Sherman Drive, reporting Fairhaven. owns 3.1/3 acres. Mr. Ivoy was unablo to present plans for t114, Lyp•) .sf nonstruet,i.oa or number of unita that. would hn constructed on thi propart}P at this time, It was auggeatad thla property should not bo zoned other than the "R" Dwelling District until such Lima as definite plane could be presented and the property could be properly zoned. Cngc!Lq 39 f nJll Iludaon requested propFn•ly loaaLO,l at 1311 Panhandle Streeti and 12051 1'a,tbandlo StrooL bit deal,gnated as a part of the "D" Dwelling Distrl.,,L, r.c... porting ho had plans in the f.uLura to build two family uniLs on this property. case rro, uo A Letter was presented from property owners on North Elm Stroc:t with a phote- atati.c oopy of,a petition dated August 12, 1960 addressed to tho Planning and 'Coning Uonniasion, requesting property lying between University Drive and College Street on oaoh side of N. Elm Street be designated as business property for future business use on any land use map adopted by the City of Denton, i I Bjd N 2'„ Motion made, seconded and carriee to adjourn and t3ontinue eho Public Ilearirg at 2:00 P.M., June 21, 1961, X Meeting adjourned at. 6130 P.M. 4 , i Spacial moeting of the Planning and Zoning Commission of the City of Doncon, Texas f Juno 21, 1961, 2;00 P.M. present: Dr,, Harold Farmer, Chairman; Dr. Paul Young; Mrs. Lonnic Yarbrough; Dr. Rir,!.drd Ragsdale; and Ray Lagleder. 1~ { 1, 1L Thera being no visitors present for the publiu hearing to offer evidence as to the classification of property the Planning and Zoning Gomm. issioil revlowed information and evidence presented at the Public Hearing June 20, 1961., and other information presented at preliminary haaringa with reference recommendation of:'adoptioa of the now comprehensive zoning ordinance and map of the City of Denton. { Case No, ~1 - Information furnished by Mr, and Mrs. R. D. Calvart with reference to claast- fication of City Lots 36,1 and 2, Block 350E was discuss(A. Motion made, seconded and carried that this proporLy be claasified as part of. t.ho Loual Businogs District, rc I'>"2 CaeE o ' Information furnished by Mra, L, T. Milliken. with reference; to claaeifying property described as 1211 W. oak as a part of the IW' Dwelling D1s1.,rJu1; wds considered. Motton was made, euoondad and aarriod that: thts property ebould be ulaggifled as a pert of the nueinean ms LrieL. us a.~.Ac _.3 Tha evidonen presented by Mr. A, J. Roberta was eongidered anrl 11 was moved, socooded and carried that, City Lot 11, Block 276D Uo cla3sii'ied an part of the. "1,111 Light 'industrial District, It was moved, setiondnd and carried that Cfty Lot 9, Block 276D remain a part of the Dwelling D1,etriet, 1 , y Consideration was givctl to ehn avidonne prosnntod by .1, A. Parker wirh ref- arertan to City Lot 59 Block 116V, requesting this proporty be claeoi.fied as a part: of the Buslnoss District. It was moved, seconded and carried that j this property ramcc.n an a part of the "R" Dwelling Dtetric;, Paso No;5 Tile case of Mr. Ktchard Fletcher, 1008 Colt Street, was considered, It was moved, seconded slid aarriad that this property should romai.n in the "R!' Dwelling District, Cayp Ng~ 6 i Tho property of Net Nolcs, being City Lot 14, Block 1380, loodLed on tiw north aids of Highway 24, was conuidoredl and it was moved, seconded and carried drat thin property ahuuld remain lu Lhu "It" Dioelling DIsLriut. c;nec, No, , 7 Information furnished by Dr. Marlon DeShar.o concr+,rlling property described as City Lot 20, Illock 4002 waN di.Neuseed and the evtdoncu wan din ueNed which was proNanted by Dr, DaShar.o, It was moved, neconded and carried to dnsignato City hots 14 thou 24, Block 4002, City Loth 12 thru 21, Block 4007, City Loth 1 thru 91 Blook 4008, City iota 1 thru 10, block 4009, City hots 1 thru 6, u ' Block 4010, City Lots I and 2, Block 4011, an a part of the "n" Dwelling IIIntrio I:, . il Casc~No, 8 The request of Murray Johnnon for considaration and study be given to the front. yard requirement .in the "B" Business District was diseusaad with _determination to he made later in the mooting, Us ag_ No,_ 9 Consideration wan given ibo requeat of Mra, Irannie Jackson to place City Lot 13, Blook 2690 ill the !'D" Dwelling Di.Ntrict, It wan moved, seco=idad and carried that thin property remain in the "H" Dwelling District, k 0, aaa No;.,_10 Information requested by Bill Holland concerning city Lots 8 and 9, Block 448, was discussed. Motion was made, seconded and carried this property should remain in thu "LB" Local Busi.naes Distrir,c, Caaa &,l Information furnished by Miss Myrtle Harrell with rofercnen to City Lot 15, Block 425, 406 Bolivar Street, was discussed, No chengo was requested by Miss Hartall, It was moved, seconded and carried that this property remain in the B Businaoa Dietriet, (;S .j case No. 12 Information furnished by Miss Julies j ones with reference to City Lot 14, Block 424, was coneidnrnd with no request: in the change of classification being received from Miss longs. It. was moved, seconded ant carried that tho property remain in the '!L8" Local BusineNs District:, r i Cusa_No,, i~ N,vidence presented by the Ynprc+nuttta6lvun from the 111A Kappa 818ma ['rxtornLty I'or propori:y loc+nt"d on Saripturt, Juront, Gctng UP&I 1114 a frat,orutty wao con- aidered, it; was movod,anr.onded and carried that: thit property located at 2046 Soripturo should remain in Lite !'R" Dionlling District, Information furnished by Kendall Cochran and others was considered With reference to zoning of properi;v on ifighiand Park Road in sonic clan siflcati.on which would permit use as n fraternity house, it wan da~atmi.ned consideration would bo given tilts manor Iatar in the mecti.ng, (t:awo No, 15 The request of 14ts, Rena Compton ghat: chn be permitted to construct a single faintly dwelling on property located on the uast aide of l'ulton Street on Lots 31, 32, and ;13, C.i.ty Block 1489, was discussed and it was determined the property was properly zoned in thu "D" Dwelling District and the construction plane Outlined by Mrs, Comp Lon would be permitted in this zoning classification, Case No, 16 Evidence presented by ,'tames It, Wiley, ALtorney, with reference to City Lot 18, Block 412, 110 W, Collogn Street requesting this property be placed in the "R" Dwelling DiaL•rict: was Oonsiderod, it was moved, seconded and carried t:hia 7 property r,hould remairt in Hie "A-l" Zoning Classification, Uonaidaration was glvon to the ruquest that propc-rt:y described as City Lot 2, Block 430, 409 Parkway Street., be. nol claasi,fi,ad to the "D" Dwelling District, sinea this property is now i,riprovort wltt+ five family units, 7t was mevad, seconded and carri-d this property should remain in the "D" Dwelling DisLri.ct, Consider- ation was glvon and evidanot, congi.dnrad concerning propercy located aL 206 Crawford Street, Solomon Pill h1diti on, and it was moved, secondad and carried that this property should remain in the "R" Dwelling Dietrint. Oast~ _No, 17 Evidence wan considered as presented by A. L. Galbreath concerning property located on the south aide of IlIghway 24 east from Loop 288 containing 4~ acres, It was moved, aaeonded and carried that this property should remain ' in the "it" Dwelling Dietrint, ainue no plans have bann made for developing this area, r. Oaso No, 18 'r 'rho request from Joe Akers, rs7uaating City Lot 3, Block 317A, 1619 Underwood Street be classified for apartment: use was considered, It was moved, seconded and carried this property ehould remain in the "ft" Dwelling District, Uasu No, 19 Evidence presented by Mrs, Batty Iluffinea and Mrs, Mary Claude Gambill concerning property located on the north side of University strive east from North Locust Street: was discussed and it was determined this information would be considered lal;or in the mcotiug, 5., Case No, 2Q t f Information furnished by H. B. Ryon, with reference to property on the west t, aide of N. Elm Street between University Drive and West College Street, being City Block 419, was considered, and it was determined this matter would be considered later in the meeting, dare No, 21 Evidence rend information 'urntshed by Mrs, W. J, Moore With referenc8 to City Los: 17, Block 307, requesting this property be classified as ;a part of the Business District was considered, It was determined this property is being used for a washatAria with no plans iior further development, It was moved, seconded and uarried this property should remain in the "D" Dwelling Diot:riot, ,Asir HU, 2-L , Evidenou prusented by Mrs, J, L, Owona with referenda to City Lot 22, ))lack 1380 was conaidered with referonce LL- her request that this properly be placed to the "D" Dwelling Dintrir.t. It was mound, seconded and av,rriod this property should remain in the "R't Dwelling Dintrlrt, .V~JS9a 0._..23 Information presented by Henry W111tams wlrh reforonco to pity Lot 6, Block 276b, was considered It was moved, aenoisdad and carried this property should remain in the "R" Dwelling District. i Cagf, Nu, 24 Evidence prosented by Ceorgo Ixlman for himsolf, B. J, Coliinq, City Lot 4,1 B.laak 233A, Gates hvnart, City Lot 4, 233A, Dr, Entor Roberts, City Lot 2, Rlook 233A; and T. A. McLeod, roquesting proport'es owned by them Wonted in Blocks 233 and 233A be placed in the "LI" Light Indust:ri,al District, was oonsidered, It was moved, seconded and carried thin pr~nerty should be placed in tho "R" Dwelling District, Gaae No, 25 Information furnished by Mr. M, h, Malone with reference to the need for the nomprehensive zoning ordirnnee and snap was discussed with no action being regti,t rod , Ctiou No, 26 Information fur.niehod by Musa Netto Shultz and otthnrs with reforonoo to zoning property on North Looubt Struet north of Highway 24 was discussed. It. was moved, seconded and carried that. City Lots 14 and 13, Block 413, belonging to Mrs, Velan L. Norgaard and Mrs, Oda Jo Whitson be removed from the proposed "LB" Zoning District: and placod in the "R" Dwelling District, AM-Lo , 2Z Evidence presented by Clyde Carpenter was considered with reference to rlassi- fication of City iota; 314,5, and b, Block 4411, It was moved, seconded and carried these lots be placed in the "LR" Local Retail District, Case Nor 28 Information furnished by Weldon Knight, Attorney, representing the Kappa Alpha riraternity, with reforencn to classification of property described no i City Lots 7 and 8, Block :3034, wag consi,derud, it was muved, aeeunded and carried this property ahouid be classified in the "R" Dwelling District, j ( Casg No. 29 Evidence presented by quinby Self requesting City Lot 8, Block 140-A, be classified as a part of tho 41,13" Local Business District was considered, it was moved, seconded and carri.cd this property would remain in the "R" Dwelling r Notriet. Casa No, 3Q~ Information furnished by Mrs. 1•ucy Price with reference to protesting zoning any property around the Fred Moore Bnccol to business was considered, with r..f action being required, eaac No. 31 s; Evidence presented by David Mulkaay with referencn to classifying property { on the north side of Withers Street between Oakland and Bell Avenues was considered, it being moved, seconded and carried to classify this property as part of the "A-2" Dwelling District, kge No, 32 fq r } Information furnishod by Jim 9'om hayleaH with rofnrenen to deal satin n n•West Sycamore Strual, suet train Avonuo if as a "All 8 tirbparty part at offs nwnili"g Diatri.ot, It: wag dlacussod anal moved, gcaonded and earr;.od this property ehould remain in the "A-2" Dwelling, Diatrfot, taeti_No.„33 Information furnished by Albort Adki.ason concerning property located in thn Hurst; Addition was aonsidctied, Tt: was moved, seconded and carried that this property should remain in the ".R" Dwelling District, "l (19s e..K4a.., 34 Evidence presented from o, IT. nuahanan requnn Ling property deseri.bed as city Lot 13, Block 4013, be rlassl,i`ied as business property was considered, it wag moved, seconded and carried t.hls property bo classified in the "A-2" Dwell- ing District, Cate No, 35 'information fu,•niahed by Mrc;. Tom Miller was discussed with determination to be made later, case No. 36 l.vidonee presented by R. H. 11~A.ldridgo, Attorney, with reference to City Lot 16, Block 4026, requesting property be zoned to the "A-l" Dwelling District was considered. It was moved, ec:condad and carriod this property should by classified in the "it" DWOIII ug W'0trlr-t. Considcratiou waa given to Cho ~avidoncu presantr.:d with reiel'aT1ea to Classifying City Lot 81 Block 267, located on Jackson Stroat as a part: of the "A-211 Dwelling Dlztrict, It was moved, seconded and carried this property should be classified as a pert of the "B" Dwelling District, Case No, 37 [nformation furnished by L. B. Ready concerning property located at 914 llayans St:roet was discussed. It was moved, seconded and carried this property should remain in the "D11 Dwelling District. Case tlo. 38 Information and evidence presented by Bon Ivey with reference to property aimed by Fairhaven for Clio proper zoning classification was discussed. It was moved, seoondud and. carri.cid this property should remain in the "R11 Dwelling District until definite plan: aro presented for its development. faM No, 39 Evidence presented by 31.11 lludruu with ~tiferonne to classifyiag property lo- Gated at 1311 Panhandle and 1209 Panhandle Strreet. wan discussed. It was moved, aexondnd and carried Lhi.s property should be alaustf;ied as a part of the "R" t Dwolliug DiaLrict. Cnae, Iv'o, ~+0 Evidence presented fret, property uwaera by letter and petition on North Elm Street for property locatod on aaoh aide of N Elm Street from University Drive south to West College otruet wag d.isausaod. Motion was made, aecondad and carried ghat iota 3 thru 16, City Block 419, be classified as part of the "D" Dwelling Aistrir,t. and City LoCs 20 thru 32, City Block 412, be classified as a pea of the "A-1" Dwelling District, ITEM No. 2, The following cases were considered. Information relating to the caste was presented to t:he l'lnnntng and zoning Commission may 18, 1961, use No. 4). 11.0, Doyle, 920 Bolivar Street, requested that hoL 42) City B1oek 4230 be classified as a parr of the 111,11" Local Residanee Zoning District, reporting ;r this property has been cl.agaified under the present ordinance as a part of the j Business Die lct and it%vicet,tnents Have been made. In a p.ceaenL building which 19 being used for 94IVA and sarvfcp of refrigaratf.cni equipment, Mutton wan madq seconded and earned that 1:1118 property be r,laaoiLled as a part or tho "A,.a" Driveling n1.nt1'LaL. ca a c, No. t._/12 Gi Mrs. Winton Noali, rapt esePting Dr. W,il, Ilodgeon, requested Clty Lots 1, B, and 9, Block 446, be clasaified as a part of Clio "LB" Local Businese District. Mtn, Noah ropor.ted the property lttumetlintely South on the South side of Henry Bt, hds hann placed in the 11LB11 Local. Buninsss District and the property itnmediat:ely West is zoned for "LB" Loyal Buel,xie3a and 0. shopping center has been constructed on this property, It was ,noved, .seconded rend carried, since no evidence of plane for dpvelopment. of this property was presented and since the property is Adjacent to single family rnstdencen loeaved on the Cant, this property should remain in the "it" Dwel.l.i.rtg blstr::t. Case No. 43. Mrs and Mrs. W,C, Boyd, 2024 Beaumont Street, in requesting property des-4pated as City Lot 10, Block 446, be classified as a part of the "LB" LooaL Business Di.atrice, reporting 4..he property is to the immedtuta East of property where the Fair Grounds are located. Mr,.and Mrs. Boyd presented no plans for development of this property, It was moved, seconded and carried that this property be classified as a part: o{ the 11111 Dwelling District, Casa No. 44 Doan Archer presented evtdonce f.nr tlr. expansion of present facilities located on the Ft,. Worth Highwrly, and requented 01ty Lot 3, Block 3501(, be classified an n pore of Lt,e "nl" Ilcivy f"dustrial UiaLrict to permit expansion of present OW t;itl.es, It was moved, .iecondad and carriod that City Lot 5, Block 350K, ce claGsi.Fled as a part of. site "III" Heavy Industrial District. Case Noy 45 Shulton Ryan presented evidence with reference to City Lot 6, Block 1.76V, requesting that this property be classified as a part of the 111,8" Local Business Dis trice. Mr. Rynn reported he purchased this property prior to its being annexed to the corporate ltoll.ts of the City, and is using the property for the storage of plumbing supplies and equipment, and maintains an office on the property. Mr. Rynn reported his plans are to move his present facilities from East McKinney Street to this property, Motion was made, seconded and carried r. that this property be elaenified I.n the "R" Dwolling District, Caen No, 46 r or, J.W, Orooms, 924 N. Llm, requested change in City Lot 12, Block 407, from the 1V' Wailing District to the "L6" Local Business District, Grooms reported this property is being used for operation of hie chiropractic clinic, .X and reported he plans to construct a new olinic on title property, Motion was made, seconded and carried to classify this property as a fart of the "A-211 Dwelling District. f Casa No. 47 Billy Lynch requested ptoporty designated as City Lot 1, Block 3031B,',b~ classified as a part of the 11L1" Lf.ght industrial District. Mr, Lynch presented plans for dovelopmant of this area, Motion was made, seconded and carried to classify this property in the 11LI" Light Industrial District, Case No. 48 R.S, Jeffery reported plans for the construction of o 2-family dwelling on city Lot 4, Block 403, and requonr,ed [hie property be classified as a part of the "D" Dwelii.ng District. Motion was made, seconded and carried tits' '.his property be classified as a part of the. "R" galling District. ti. ITEM NO. 3, The -W owing cams wero considered. Information relating to the cases was presented to the planning and Zoning Commission May 19, 1961. Case o. N 49 R.H. Clem, Dallas, Texas, relluosted City Lot 3, Block 495, 413 ponder Street, ~i be classified as a part or the "A-211 Dwelling Distrl(A, Mr, Clem presented plane for coneLruction of a multi-family dwelling on this property. Motion wita made) j neconded and carried Lo clnsalfy thl,e property as it part.,of the "A-211 bwelli.ng y; District, ti Casa No, 50 Joe Rtuliols discussed future ti-le of. City Lo La 3 to 8, Block 1331. on the West Side of tied Avenue, and requested tKs property be elasoified as part of the 11A-211 Dwut!,,ng District. Motlon was made, seconded and carriod that thls property be cinsslCiei as 11 part: of the 111" Dwelling District, C2se Ne. 51 Dr, Harry McClendon rcqucstod iJt.y Lai 10,3, Block 475, be classified as a part of !-ho "B" Business Dt,;trict. ii, roior t d ho purchaerd this property for thc+ purposo of comcri.ui.ing a D•< tars Okfice or Cliale. Motion was mtds,, seconded and carried that this pt~pt~rty be classl,fled as a part of the 'W-V DwelLing ni,strtc.t. Cnso No. 52 W.P. Davis discgasnd City '.-t. 21, ltlock 498, with reference. to classifying t.hts pr~~iperly as a pfert t i 11r( 'A fuvnllingi District. After consideration by the roam gas i:,~n of evido.ucc• ;lil v! tvd by Mr. Davis and others. M:>Llott w,a!: made, aecond(.d ?lilt cnrri.ed t.,) caaaai(,y ttv,: iwLire block between Oak and Scripture Streets and , Ponder and Pry Streets aj it s,2rt of the ''A-2" Dwelliug District. Case No. 53 Mrs. 'Phoron J. Ft,uts, 2101 W. Oak, requested City Lot 8, Block 3003, be classified as a part of the "D" Dw<O ll.ng District. Mrs, Fouts reported she plans in the future ro construct fi two-family dwe11.1.ng on thin property. Motion was tmde, seconded and carried to cl.r,ssify this property as a'part of the "H" Dwelling District. Case No. 54 Lester Day, repreocnting Louts Dorfman, requested City Lot 1., Block 279A, be classified as Industrial Propurl:y, reporting this to be part of the Shadv Oaks Industrial Park Sub-Div, and requested all of the Shady Oaks Industrial Park All Sub-Division be placed ill the "Ill" High Industrial District. Motion was made, seconded and carried this property be classified as a part of the "LIc' Light Industrial Dtstr.iat. Cauc No, 55 Virgil M, Allen, ltouLe. 1, roquoated a part of City Lot 15, Blonk 4070, be designated as a part of the "Lh" Light Business Dis'tric't.. Mr. Alleu reported hN had no plans for the developmtmt of this property. It was movtid, seconded and cnrriad tltls property tcmaiu in the', 'ilk" Dwelling District until such time as a need for if zoning, could her presenled. 1'1FEM NO, 4, After conside.ttug all information before Commission, it wnn moved, seconded and carried to cln:aslfy City lots 10, 10.3, 10.4, LO.5, 1.0.6, and 10.7, Mock 4750 as a part c1 the. "A.?" Dwelil,tig District, and to classify City Lots L eo 3 and City Lots I t.', 1,2, 1+1.ock 197, as a part of the "A-2." Dwelling District. r rw~rrrr ITEM NO. the following Information was presentod at a meeting of the Planning and Zoning Commlssion May 26, 1961, 3:00 p,m, Caso No, S6 Mrs, Betty HUffi.noe, Howard Davis, D. D, Robertson, P, D, Richey and Mrs. Mary 0. Gambill requested property located on the north side of University Drive east from N, Locust and went from Ball Avenue be classified as a part of the 'ILR" Local Retail District. No platis wero prosented for the development of this property, however, it was pointed out the property was adjacent, to existing business property, and in the center of the block it warehouse or metal burn belonging to iho state houoing vahialy, belonging, to 'IWil dot-racted from the value of the proporty for resldontiat pe,y,odea, -Ind tin: cau,lrus was located imme'liately south of this proper- ty. After consideration by the hoard, it was moved seconded and carried that Oity Lets 22 through 30, City fllock 127, be classified as a part: of the "A-1" Dwelling Dlslrict. Cass No. 5,7 Mrs, Mary Claude Gambill requested City lots 11 Block 4013 be designated as ,a part, of the "LR" Local Retail District. Mrs, Gambill pointed out the property immediately east of this property has been opposed for the "LR" District, and this property is locatad on the corner of what is to become a mayor thoroughfare. After consideration by the Board, it was moved, seconded and carried to classify Chia property as it part of ,he "ILR" Local Retail District. Cane Nu, 58, Annabelle Pritchard d,iscuanod proposed zoning olassifteation for City Lot 23, Block 386, roquebt.lttg propart:y be placed in the "A-21I Dwelling District. After conaiduraLlwt by the Board, It, was moved, seconded and carried that this property be elataaified ae it part of the "A-1" Dwelling District, Case No,-59 14, F. (Pat) Hamilton outlined plans for the c,snatruotion of a multi-family dwell- ing on City Lot 1, Block 393, and requested this property be classified in the "A-2" Dwelling District, After consideration by the Board, it was moved, seconded and carried that this property be alascifed as a part of the "A-1'I Dwelling Dis trio, Cass No, 60 Mr. R, H, Nettle, Sr, roquested property described as City Lot 14, Block 1,571 lo- it eatad on the south side of B, McKinney Street and on the west bide of Nramo Street be claasified as A part of the "Ll" Light. Industrial District, Me, Neale reported this property was presently zoned in the Manufacturing District and was suitable only for industrial purposes, After consideration by the Hoard, it was moved, seconded and carried that this property ba placed in the "LI" Light Industrial Diotri.ct, Case No, 61 F Mra, Nancy Malllcoatta, 1224 W. Oak Street, requasted City Lot 15, Block 4991 be classified us a part of the I4L8" Local Businaaa District, Mrs, Mallicoatte ro- ported all property all the north midis of W. Oak Street from Fry to Bryan Atroeta should bte plrcad in the "LB" 1listrleL, Men, M11111.009t:t(l atilted tic) Niece have been marls for the davnlopmunt: of 0d o proporty, After consideration by the noard, tt, was moved ancondod and narrind that thi- property sbould be classified an a pnrt. (if I.lte "A-2'r bwOling D1s1,rtat.. Case k. jL2 Johii Porter requosted City Lots 1,2, and 3, Block 453A, located at. the intArsoe- t.ion of Fulton 81.ritel and Unt.versity Drivo Wont be classified no a part of the "LB" Local Basinesa DLstrlceL. Mr, Porter reporter! he had purnhaaad thin property for bualnens purposes at a purollaoa lsrieo of 066;000 and at the present time had a cuinstttl.lnrant from t.ht, gulf 011 Company for A portion of this latid. After nousideration by the Board, l.t. was moved, seconded and carried that this property be dlaasttled as a pnrL of the "LB" Local Business Dintrir.t.. Case No, 0 Mrs, Stella Francis requested City Lot 1, Block 397, be classified as a part of the Business District to permit the operation of a trailer park which she has been operating for a number of years. Mrs, Francis reported this property is presently classified as a part of the Business District, After consideration by the Board, it was moved, seconded and carried to classify City Block 397 as a part of the "A-1" Duelling District. Case No.. 64 14. L. Knight requested City Lot 2, Block 377 be classified as a part of the Busi- nnss District:. Mr. Kutsht rnportrad no plaus for the development of this property. AftnL aonsiduration by the Board, it was moved, seconded and carried that this proport,y be classified as a part of the °R" Dwelling District, 1 Case No, 65 Raymond King discussed City Lot 17, Block 453, reporting he had been ,jrantad a permit through the Board of Adjustment to use a portion of this lot for off-street parking in connection with office buildings located on University Drive, Mr. King requested this property be classified as a part of the "LB" Local Business District, which would permit the use of the entire lot, After consideration by the Board, it was moved, Seconded and carried this property be classified as a part of the "R" Dwelling District, Case No, .66 John Tompkins requested City Lot 10 Block 350S be zoned for Commerc:ia.l purposes. Mr. Tompkins presented no evidence for development of this property, After con- aidaration by the Board, it was moved, seconded and carried that this property remain in the "R" Dwelling Classification, Case No. 67 Mrs, Claudia Shaver requested City Lot 21 Block 339, presently Classified as a part of the 'V' Dwelling District, be reclassified as a part of the "A-1" or 'A-2" Dwelling District, which would permit the construction of additional units on her property. After consideration by the Board, it was moved, seconded, and carried that this property should be classified as a part of the "D" Dwelling District, Case No. fig W. R, Stead and John Elam Yarbrough and others presented the request that pro- perties west from,S. Elm Street, classified as Business Districts, that these districts be extended west with the Pecan Creuk branch being the boundary line, Aftur conaideratioe, by tho Board, it was moved, Seconded and carried that OICy Lot 5, Block 306, Lots 1,2,3, 4, and 10, City Block 305, be classified as a part of the "LB" Local Business District, and Lots, 81 91 and 10, Block 324, be classified id the "B" Business District, ITEM NO, 6, The following tnformation,,which was rooei~,od at a meatinf of the Planning and Zoning Commibsion, June 3, 1961, was diactmsad. case No. L9 Forood Hasson requested City Lot 9, Block 379, be classified as a part of the "A-2" Dwelling nlst:rl.aC, Mr. tlasson repovtod he had Constructed a multi-family a,partmer%t unit on this property and hsd future plans for the construction of additional units, which would oxcaed the a1.x units as provided in the "A-1" Dwelling District. After considaration by the Board, it was movc:t, seconded, and carried that this ptoparty tie ofasaified as a part of the 11A,1" Dwelling District, A raqur.nt wars prtiaent.lid for Mr. Nowtorr Rayfoa, raqu..attng City Lol I, Block p0/ 1S he. clasei.fled as ri part of rile Local IOU' P+'a 1)istrtr,r., This lnformatlon waft reported t:o the Board by fhc,. GI.ty.3taert:Cary, Alcor ronci..duriti,on by the Board, it was mavu,l, ser.o•E(lerl and carrlcd that. this Property b" c latst tfdsd as a parr. of tNI "Idl" local aluttlnost. Drttrict. liana No_:_,j l The (Irawford NJ.IJijig Corporation roqucHrrld (11.Ly l.ot: I anu Ilklok 494 be r,iass- j ified er; a Dort of rho "Lli" 7 kcal I?ttalx,ar,1 Ili:-t,rIcIt It III reported 1-111,, IroparLy to prr Frei I Y In!ir:l f t, it ar r parr. .I. the. nu I.IiI DA ;!6rlot, aid plao'a hrroa. bec!I1 prorlaerc'd for +he exprnetetl of Ch" llkIIIor'n's Shopping Contor, After con:idoratton I>y till) B(3arA tI wlI4 tnevc.d, F;0(!0ndLv) and carrted to ala(ssify iots 1, 2, anti 1, Block III al, a p:.u'r of Hitt "Ili" lw;ul lkiwincaarl Drs rrict. a4t~N 12 A requosL was pr«14.t,nt.d by silo Civy Stu:rerary from ll, ill. Plkner, ragilestinll City Lot t.5, Blook 312 ba clat;s fled at; a part of the "IX" Loaal Buttinesa DIsLriot, 7.1- wag reportrid 1-t portion of thts lot Jr, shown on the proposed map to be classified in the 'ILA" Disl:rint. After uunelderat.ion by Hic Board, it: was movad, anconde.d and clael]IIF icd thin propnrl:y sh-iuki bo claseAf.ted as a pria of (lie "LB" District. l A rcque,4 was also preAent d w.lt,h refervaI to property own(Irl by Mr. Pitner on City Block 275 where the Pi.t.raor-Bcnaloy Packing Company fr. located, rcque.oj:fng this erupt+rr,y btt cdlahstfied In a a.IQF;6if1eati0ll which would permit the oporriLlon of a packing company. After consideration by Lilo Board, it was movcfd, seconded y i , and carried, this property remain ill the "R" Dwelting Distrf.ct. ir, ;I;TitM NU, '1. The tul lowLng i.nfonnataon, which wlrl rceeLilt cid In a apnr.lal meeting sr of'tr, Planning and Zoning Commit naton, .Tune B, 1961, waa cons idurod Joe Hobson rslqueiat:ed property which was lonate.d on 'Crnasley Latin brs ulansifie.d as 1 a part of the "LHa Local fluginervs 1)0trlct, Ar. llobsori prcr;entud no plana for tI dnvolopruent: of tills, property, Aft.f:r eonsldtsrntion by the Board, It was moved, seanndod and aarricad this property rhuuld lit, clnenf.find Ins a part of thr "Re I Jr Dwcl.ling uletrlr.t. Case ~Y a Mrs. Willie (I. Smith, 1314 W. Oak Street, roquesiod LbIE property be alagsif.ied in the "LB" Loral Buolttnfis Dlatrtt,t„ 14ra. Smith prc.annlnd no plans for dovelop- mr,ttr of the property. 'dills lot, heated on Hic north aide of W. Oak. Street, s t bot:wcen 1'ry and Brys7n Sf.~er••t.e, After cunnilorntion by tiro Board, it wav moved, aocuivied rind carrk.d Chat thi.e propcrt.y should bn olaastfLed fn 0w "A-2" rwelli,le, District, Mr. & Mrs, Karl Wur0: dittc.ussnd Ci.liy Lot: 26, Blank 414, requesting this proport:y bn cltlanlfied from the proposed "RII Jwolling.Dintrint, to a busttieoe zoning clatip- Ifi.caLIf on. Mr. Wursat. reported tihla propurCy was clastsified In rho Business Us- trirt al the limo lie purchaustd the property, Mating that lhnrra taro n number of ' butinceNea oplarat.lnp,, IIIlhln in Ihr; ;ama bloo.k, Aft.+r contldru-atlon by the board, Lt. 1I mov(li, seabndtyd Iola t.arri.Ed L.tvtt. th).rs pI'opI7%V1y r,beutd ha UlasniIf ied 1:: it hart of I:he "k" bilIO(i l1np; Dl as:rir.f. Gai NO- If, Robttrf liuntyn, rt,pr(:aot+ttng tlurli Nrw.irs, d.rcutshorl 00,y Loa l/, I;lock 3110, 1-r- (I111`61lrtl; ihtri property b( l. /a+ 'a pert: of e110 "D" Dwt:lIHP, 7leirir.t, which would purmiI rile.. contitYUCI.Aolt 1-l( Iwo f;Jill 11y 4 welli,11gI l;vi.r=itttiolyrtiami(IIIrlwrl.littg,v. l+rwln hati plrau fr,,r d(+veleping lilts i!Irnrtor lot 1I url ;d Chat. this After fto;aaidornl.fon by Lilo Board ii: w„ar mound, riul~.cndwl aria a, pz'uFstit't.y t.hDUlrl hn (I11s?I.tl"d In IIII "it" I)1,,ciIIrig, Dl~tIIIt1:. C-3841 No. 7 7 Bruce Davis, Attorney, represent.ing Linwood Robinson, requested City Lot 15, Block 331, be, designated as a part of the "B" Business Di9r-rict, ratht~r than the proposed "A-2" Dwelling District. Mr, Davis reviewed thn history of this lot, and reported thu lot was zoned for business under the present ordlnanee, prior to the time Mr. Robinson built his present Business building on this lot. After consideration by the Board, it was moved, soronded and carried that olty Lot 15, and City Lot 16, Block 331 should be designated a purl. of the "R" nusi- !tess District, i Cayc No; 18, Doyle Walling requested two tots Located on the north side of Westway Street, City'Lots 18 end 19, Block 453, be designated as a part of the "LB" Local Busi,.- nose District, Mr, Walling reported Lot 19, Block 453 belongs to Bryan Mo01OU at.1 roported these t:we lots are adjacent to property being used for busin"ss purposes, After consideration by the Board, it was moved, seconded and aarricd that this property should be claaatfied in the "R" Dwelling District., Case No, 79 Royce Whitten, Attorney, and Dr. L. L, Armstrong, pastor of. First Baptf.st Church, discussed proposed plans for church property at the First Baptist Church and request proportion owned by the First Baptist. Church in Block 429 be classified as part of the "B" Business District. At-tot consider. atinn by the Board, it was moved, seconded and carried to cla8sify all property in City Block 429 as a part of the "B" Business District, F Case No, 80 Mr. Bolerjack, representing the Church of the Nazarene, located at the corner of Congress and Bolivar Streets, being Cit;r Lot 10, Block 431, requested this property be classified as part of the "LB" Local Business District. After. } coxtaideration by the Board, it was moved, seconded and carried that thin property should be classified as a part of the "D" Dwelling District. Case No. 81 Ray Hunt discussed property owned by him on Hwy, 35r, Mr, Hunt presented information from the Humble't)il Company, reporting thuir studies show propertieA on Hwy, 35B through the Corporate Limits of the City of Denton to be ideal location fox establishment of businesgos. Future plane for davetopme.nt of properties on Hwy, 35E which lie owns are under study, but reported he watt not prepared at the present time to develop this areal however, Mr. Hunt requested City Lot 4, Block 3953 be classified from the proposed "R" Dwelling District to either the "LR" or "LB" District, After consideration of, all evidence prp~ rented, it was moved, socondad and carried by the Commission that this property remain aal the "R" Dwelling District, Case Nom 82 401 Robertson Streat, requested information as to what could Hen Y done. iwithd , his proper described as City Lot 14~ Block 247, which had b placed in the "Llr LightYIndustrial District. Mr, Richardson reported thiseto i. be his home and he had no plans £r,t devc1opmant of this proparty for l.ndustrial purposes. After consideration by the Commission, tt was mnved, seconded and cazried this property be planed in the "A•.7" Dwelling Di.etrict. Case No. 83 A letter wag presented from 4l. K. Baldridge requesting proporty located .it 720 Bolivar Street be classified as a part of the "A•i" Dwslli.ug DO(rie.t:, reporting this property nas baan proposed for the "D" Dwelling Dtatttot and contains 5 apartment, dwall.ing units, After ronelderattou by the Couuulltoloc it was mnved, eeoondod and carried that this property ba olass.ified as a , part of tho I'D" livening bist,rict. cr Caso,No. 84 A lottur was presented Ctela Ilsrdy (t, G.)le, Dallas, Texas, requlmsti.og City Loll 6, Black 3031A;, bn claaaified as a part: of the "1,6" Diatric.t, After e.01191der, ation by the Commission, it was moved, seconded and carried this property should be classified as a part of the "1.1" Light Industrial District. Case No, 85 A letter was presented from Johnny Christian requesting City Lots 4 and 5, Block 141A, be classified as a part of the "p" Dwelling District. After consideration by the Commission, it was moved, seconded and carried this property should be classified as a part of the "R" Dwelling District, ITEM No, 8. The following inforinatton was presented to the Planning and Zoo- ing Conunissinn June 13, 1961, Case No. 86 Jack Browton discussed coning for industrial purposes proporty on each sLde of Ilwy, 35E North of Hwy, 24. Mr. Brewton reported no plane for immed. Late development of this property and it wag determined this property should remain in the "R" Dwelling District +mtil such time as a need could be shown for other classification, Case No, 87 Representatives of the Central Freight Line discussed proposed plane for -'1 improvements of City Lot 5, Block 3031A and requested classification of this property to the "LI" Light Industrial DistAct. After consideration by the Commission, it was moved, seconded and carried that this property should be placed in the "LI" Light Industrial District, Case No. 88 Elizabeth Lunday presented a letter to the Commission and requested City Lot 11, Block 388, 1714 W. Sycamore Street, be classified f.n a part of the "R" Dwelling District, After consideration by the Commission, it was moved, seconded and carried that this property should be eiassified as a part'of the r"AM2" Dwelling District, Case No. 89 Mr. and Mrs, William V, Rainey discussed their problem of operating a Nursery or greenhouse on City tot 20 Block 176V, Mr, and Mrs. Rainey' reported that they purchased this property prior to the time It was annexed f! to the City-and requested 300" by 300' out of the northeast corner of this tract of land be classified as a part of the "LB" Local Business District, After` consideration by the Commission, it was moved, seconded and carried that this property 'should remain a part of the "R" Dwelling District. Case No. 90 Plane were discussed which were presented by Mr. Keith Maxwell for the proposed development of City Lot 10, Block 316, containing 16.07 acres, located south of. Ragle Drive and east from Bernard Street, After considoration by the Commission it wag moved, seconded and carried to cLaosify the first 900' south from !;9816 Drive ,as `a part of the "LB'( Local Business 'district, and classify, the ramaindor of City Lot 10, Block 316, au a part of the "A•2" Dwelling District. + Cal=e No. T. L. Caruthers-regueg nd City Lots 9 and 10, Block 9301, located on tho rtt, Wur(:h 10.ghwn; be nlasax,.uki ow a ,)art of the "Ll" Light Yndiiatrinl. nistelot: rather than the proponed "LB" Local Bugineag DiNtriet. After IFOngideratLoll by Lite Comeiselon, it was moved, secunded and carried this property be cla"Bi. fled as a part of Lite "LB" District. Case. No, 92 Mrs, Laura Munn, Gainesville, 'T'exas, requested City Lot 5, Block 233A, and City Lot 2, )Stock 2338, located on Ilwy, 35H be classified as a (cart of `tile "18" Local. Business District, After consideration by the Commission, it was moved; seconded and carried that this property be classified na a Part of the "R" Dwelling District Mince no information wag furnished all to plans for development of Lhi9 property. i Case No,J3 Mrs. It. E. Toombs requested City Lot I, Block 431, located on the south aide of Congress and the east side of Carroll be classified as a part of the 119" District. After consideration by she commission, it was moved, seconded and carried that this property should be classified as a part of the "R" Dwelling District. Case No. 94 Information was presented from J, L, 8urkes requesting City Lot 2, Block 4014, be classified as a part of the "A-1)) Dwelling District. It was pointed out apartment houses are located in this area. After consideration by the Commission it was moved, seconded and carried this proportp should be claasified as a part of the "A-I)) vwelU.ng District and also "ity Lots 3 f.hru 15, Block 4014 to be clasaffled na a part of One "A-I" Dwelling Diotriet. i+ 1? Case Uo. 95 Dr. Joe Holland requested information with reference to construction of a Clinic oil City Lot 7,, Block 4014, requesting this property be classified in Buell a manner for the construction of the proposed clinic, After consideration by the Commaission, It was moved, seconded and carried that this property should be placed in the R Dwelling District. Case No. 96 Information furnished the Commission was considered and motion made, seconded anO carried, to classify City Lots 7 thru 121 Block 3011, Lots 7 thru 15, Block 3010, Lotq 23 thru 26,3 Block 386, and City Lot 5, Block 386, as a part of the "A-111 Owelling District, j' Cate No, 97 Property. Lecated on North Elm and North Lo:Ust Streets were discussed and in- formation coneidured which was presented with reference to this property, After consideration by the Commission, it was moved, seconded and carried Qity,Lots 1 thru 11, Block 423, be classified as a part of the "A-211 Dwelling District; + Lots 1 thru 12,1, Block 407, be classified as a part of the "A-2') Dwelling ( Districty Lots 1 to 6, Block 4060 be classified as a part of the "A.2" Dwelling District; and Lots 18 thr,u 21, Block 406, be classified as a part of the "A-2" Dwelling District. Case No. 98 The Commission considered Information furnished them with reference to ' properties located south of East Prairie Street and east from Wainwright Street, It was reported that this area is improved principally with single family dwe11!,ngs, but it has been proposed for "LL" Light Industrial Classifi- Cation, After consideration by the Commission, it was moved, seconded and carried to classify City Lots I thru 121 Block 229, Lots 1 thru 19, Block 228) Lots I thru 19, Block 217, Lots l thru 20, Block 247, Lots 1 thru 28.1, Block 246, Luca L thru 13, Block 244, Lots 1 to 8, Block 243, Lots 1. thru 18, Block 245, and Lots 7 thru 10, Block 220) as a part of the "A-2" Dwelling District, Case No. 99 tnformation was considered which had been furnished with reference to zoning of property south of t;, Sycamore Street and north of East Prairie straet east of the Railroad. After consideratton by the planning and 'Zoning COSH aaion; It was moved, eecouded and carried that City Lots 1 thru 25, Bloak 261, he clauoifted an a part of, Cha "A-2" Dwelling btatrict. 2-389.-Lo, 100 Information received by the Planning and Zoning Commission with reference to classification of property between Interstate 11wy. 35B and the Santa Fe. Railroad was discussed. After consideration by the Commission, it was moved, seconded and carried to classify fill property brGween Ilwy 35B and the Banta Yd Railroad from Scripture Street scuth to the A4eport Road with the exception of a strip thru which Ilwy, 35W is proposed to do constructed, as n part of the "LI" Light Induatrial classification, ITEM N_0. 9. The. following changes in the text of the proposed Zoning Ordinance ware ~diaCussodl L, Article 13,10 Seetiota.>t - the definition of an institution to be changed to read as follows; An institution is it building of buildings occupied by a Non-profit organ- ization or Corporation or any Non-profit establishment for such use. 2, Article 0,13 Section B Part 3 - to be changed to read as follows; Medical and Dental Cliaiica, Private Schools, Day Nurseries and Kindergartons on sires of one acre or mere, 3. Article 1:3.13 section U Farr. 1.1 - to be changed to read as fcllowat Dospitals, Children's homes, Convalescent Iloutes, and Homes for the Aged on sites of 5 acres or more, It. Article 13.18 Section C Part L - to be changed to read as follows; Front.Yard - If any building is erected or structurally altered for dwelling purposes in the "LB" Local Business District, a front yard of not leas than twenty-five (25) feet in depth is required, Otherwise, no front yard is required in the Lg Local Businons Disdict; but any building on any property (except where used for residential purposes) shall be set back thirty (30) feet from the center line of the street fronting the property, except that in the case of property fronting streets one hundred (100) feet' 3.' Ill width, the set back ,hall be fifty (50) feet (such distance being measured from the center line of the street to the front line of the building, covered porch, covered terrace or attached accessory building,) 5. Article 13,19 Section C - to be changed to read as follows; Front Yard - if any building is erected or structurally altered for dwe..l g purposes in the "B" Business District, a front yart of not less than twenty-five (25) feet in depth is required. Otherwise, no front yard is required in the "B" Bur;inasa District{ but any building on any property (except where used for residential purposes) shall be sot back thirty (30) foot from the center 11ne of the street fronting the property, except that in the case of property fronting streets one hundred (100) feet in width, the set back shall be fifty (50) feet (such distance being measured from the center line of the street to the front line of the building) covered terrace or attached accessory building, 6, Article 13,20 Section C Part I - to be changed to read as followst .'i Front Yard - No front yard is required in the "LI" Light Industrial I' District, but any building oil any property residential purposes) shall be set back thirty (30 foot whore from for the, se OOEntor line of the street fronting the propertyl except that in the ca property fronting the street one hundred (100) feet in 'width, the bat j bark shall be fifty (50) foot, such distance being measured from the center line of the street to the front line of the building, covered porch, cover(Ld terrace or attached accossory building. i. Article 13,21 Section C Part l • to be changed to read as follows! Front Yard - No front yard is required in the "III heavy Industrial. District, buC any building on any property (except whol'a uued for rnsi- P dential purposed) nha1L be eeL buck fifty (50) Rent from His cotiter line of the atreeL L'routing tile prnpetty) except that in rho oaHe of property fronting the street one hundred (100) feet in width, the sot back shall be fifty (50) feet, such digtanco being measured from the celltar line of the street to the front line of the building, eovored porch, covairod terrace or attached acco vaory building, tl, krTAu,le 13,20 Section A to bo Changed to read na full,owui Any use of property existing at the time of the passage of pert 2 of this Chaptor whirh doon not conform to the regulations prescribed in the precoding Arl:Icies, Part 2'of this chapter ahtall be dsewrd.s Non-Conforming ure, v ^ 9, Article 13.33 - the following tocbe-ddded,t6 ArtlcI6,13.33 as Section 1;1 (1) permit the reconstruction of a building occupied by a non-conforming use, or permit the extension of a non-conforming use of a building upon the lot occupied by such use of buildings at the time of the passage of this Article; provided, however, that all such work shall begin within a 12 month period after the passage of this ordinance, (2) permit in any district such modification of the requirements as said Board may doom necessary to secure an appropriate development of a lot where adjacent to such lot on two or more sides there are buildings which do not conform to these regulations; (3) porutit such modification of the yard and open apace or lot area or lot width regulations as may be necessary to secure an appropriate improvement of n parcel of land where such parcel of land we" sopurate- ly owned or whure said parcel of land wee subdivided prior to the effective date of the zoning ordinances and where the granting of such application would not work an undue hardship on the laudowners in the noighborhood and would not cause an undue fire hazsrd and would mater- Lally affect adversely public health and where the refusal of the application would work an undue and unjust hardship on the applicant, and in passing on such application the Board of Adjustment shall in addition consider the matters set out in this paragraph (a)l the term "subdivided" as used in this subsection shall mean such property as shall have been divided into lots by separate deeds, recorded plat or map showing the size and location of such lot, or by being separately rendered for taxes with the City Tax Assessor= (4)` Permit the extension of a building, existing at the time of the passage of this Article, by the construction of additional stories above the height limit horein established, if the original plane pro- vided for such additional stories and such building was actually i designed and constructed to carry such additional storied t II'was moved, seconded and carried that the above changes be adopted. ITEM NO, - It was agreed that the Planning and Zoning Commission would meat wit t;,e City Council Tuesday morning, Juno 27, 1961, to present the final report and make reeonmendations 'for the adoption of the zoning ordi. nance and accompanying map. ITEM NO, 11, It was mot'ed, seconded and carried that the meeting adjourn. Meeting adjourned 6140 P.M, r T' :E N A L R E P O R T I To THE HONORABLE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, Your Planning and Zoning Commission heretofore on the 23rd ,gay of May, 1961, submit,`ed to your [,onorablo Body its Preliminary Roport recommending the adoption of a now and oomprehonsive zoning ordinanoo for tho City of Denton, Toxas, and reoommending the boundaries of the various original dis- triots and the appropriate regulations to be enforced therein, Thereafter, on the 20th day of June, 1961, and after written and published notioe to all affeoted property owners, ;A as required by law, a publio hearing in relation to suoh Pre• liminary Report was held by your planning and Zoning Commission, it NOW THEREFORE, your Planning and Zoning Commission does hereby FINALLY RHPO1* the oompletion of suoh hearing, and doom hereby R90OMMEND the adoption of the attaahod zoning ordinanoo, together with the aooompanying maps roade a part of suoh ordinanoe undor its terms, PASSED AND APPROVED by unanimous vote this ?6th day of t J'urie, 1961, t~X ~lL'yr~1~V rman ' - lanning and Zoning Commission ' City of,_Zpnton, To ? t em er Planning And Zon1.n Commission A•,` Oit of bent on, xxas o er Plan.rking and Zoning Commission it fD tn,T as 1 A lannf,ng and !on g Commission City of Denton,. >'exas m e i, i Zonin Commission { Planning 11 a' r) f City ofDenton) Texas Ab~ TABIZ OP OOKEtdT S ~~oj zam Article 13,10 Definitions l Article 13411 Purpose 7 Article 13,12 Districts 7 Article 13412A Zoning Map of the City of Denton, Texas, 1961 6 Article 13,129 Regulations Applicable to All Districts 9 a Article 13,13 }'R" Dwelling Distriot 9 Article 13,14 "D" Dwelling Distriot 12 Artiols 13x15 "A-1" - Dwelling District 14 Article 13,16 "A40 a Dwelling Distriot 16 Article 13417 "LR" * Local Retail District is > Article 13018 "LB" - Local Business District 20 Article 13,19 "B" - Business District 29 I~ Article 13,20 OLIN « Light Industrial District 25 t Article 13021 "HI" « Heavy Industrial District 27 Article 13.72 Hsi to Area and Space Regulations Applicable to Till Districts 31 Article 13023 trest Parking and Loading Space Require- Monte 33 Article 13.24 Conditional Use PerMits 41 Article 1).95 zoning, of Newly Annexed Territory 44 Article 13426 Nan-Conforming Uses 44 } Article 13.27 Zoning, X&p Nmiplottonr 45 Article 13,28 Complc`ion of Existing Building$ 46 Article 13429 Raforoeaunt 46 Article 19.30 gnforoement Interpretation 47 Article 13.31 Certificate of Oooupaney and Compliance 47 Article 13432 Changes and Am6ndmonts 47 Article 13,33 Board of Adjustment Article 13,34 Penalty for Violation 49 ORDINAN09 N06 AN 4ltA NANCE AMENDING AND SUPPLANT INO A4T IOLES 13.10 HIROUGH 13.29 INCLUSIVE OF THE CODE 0 ORDINAXOSS or THE OITY OF DiViON TEXA6 BY THI ADO?tjO)j OF A NEW AND COMrR8=SXVE ZONjkG ORMANCE ZITAOLISMM ZONING DISM TRXCTS w"INO THE:HEIGHT AND SIZE OF BUILDINGS AND OTHER WO mS AND THE PERCENTAGE OF LOT AREA THAT MAY BE OaOUPIED, THE SIZES OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, THE LOCATION AND USES OF BUILDIN03, STRUCTURES AND LAND FOR TRADE, IN- DUSTRY OOMMEROE, RESIDENaE OR oTHER PURPOSES AND THE EREUT16N OONSTRUOTION R80ONSTRUOTXON, AtMNRATION REPAIR OA 'USE OF BUII.Diy0S STRUCTURES OR WYD WITkrK SUGH DISTRICTS 1 PROVIDING f*R OFF-ST RW PARXING; A- MEND100 CHAPTER 13 PART III OF THE CODE OF ORDINANCES OF THE CITY OF DWON, TEXAS, BY ADOPTING A ZONING MAP SHOWING THE ACTUAL LOCATION OF SUCH DISTRICTS; PROVIDING METHODS OF ENFORCEMENT FOR CERTIFICATES OF OCCUPANCY AND OOMPLIANOR FOR METHODS OF INTERPRETATION OF THE ORDI. NANCE DER N30 CERTAIN WORDS; PROVIDING FOR A BOARD OF OUSTMENT; PROVIDING PENAL22S FOR VIOWXONS; PRO- VIDINO FOR AMFICI T+S AND ORANGES IN THE TERMS OF THE A SAVINGS ; C~ AND CD90LARINO AN EMO` n's DATE* THE COUNOIL OF THE CITY OF DENTON HEREBY ORDAXNSs axono'-L That Articles 13.10 through 13499, inclusive, of the Code of Ordinances of the City of Denton, Texas, are hereby adseoded and supplanted, for the purpose of adopting a new and oomprehenrive caning ordinance for th>o City of Denton, Texas, which shall hereafter read as follows, to wits ARTICLE 13,10 DEFINITIONS the purpose hereof t as this foChapte ilowet are de- timed Certain for words (a) Korb (1) Words used in the present tense include the future, (2) Words in the singular number include the plural number, and words in the plural number inoiude the singular. (3) the word tIbuildinB'l ineludea the word "struoture" the word lot inoludea the word "piot'i. (4) The word "shall" is mandatory and not directory. (b) hogellUX u j,d The wort) "Aooessory" means a subordinate use or building customarily inoident to and lo- oated on the lot occupied by the main use of building. (o) AlIgZ An alley is a way which extends only sedondary means of access to abutting property, (d) rt e An apartment Mean$ a room or suite of rooms in an apartment house or tenement arranged, deeigned, or occupied as the residence of a Dinggle family, individual or group of in. dsviduals, (e) Apartma, n t..9.oup.e! An apartment house is a building or portion Cheroot arranged, designed or occupied b three or more families living independently of each other, (f) Boarding House A boarding house is a building other than a hotel where lodging and meals for five or more persons are served for oompensation, (g) W Cmar ome oou tion E A customary hove occupation is an occupation customarily carried on in the home by a man- box of the oooupant's family without structural alterations in the buildin or any of its rooms, without the installation of maohineq or addi- tional equipment other than that oustoxv7 to norakrl household operation, without the ample) ~rr- Mont of additional persons, without the use of a sign to advertise the occupation, and which does not cause the generation of noise, dia- turbanoe or additional traffic in the street, (h) Ut,_,_h or &ot The depth of lot shall be calculated as the mean horizontal distance between the front and rear lot lines, (1) Depth „oP Rea__r.Yard The depth of rear and shall be calculated as the mean horizontal distance between the rear line of it building other than an accessory building and the center line of the alloy where an alloy oxistn, otherwise the rear lot line, ( 3) District A distriat shall mean a section of the dity of Denton for which the regulations governing the areas, height, or uses of buildings are uniform, (k) D e ling,-M 10 A multiple dwelling is a building used or 66- signed as a residence for three (3) or more families or households lining independently of each other. r (1) Y~well n offing-yam 1 A ono family dwelling is a detaohed building having aooommodations for and oooupied by only one family. (m) n_w,cc).ling. Two-FamIll A two-family dwelling is a detaohed building having separate aooommodations for and ooou- pied as, or to bo oooupiod as a dwelling for only two families, (n) D,.wall~ nu Hn se Group house dwelling& are detaohed or soml- detaohed dwellings built on one (1) lot, izsugliy in oppoei.ng rows separated by a woikway or oourt, A family is one or more non-tranvient persona living as a single, non-profit housekeeping unit, as distinguished from a g."oup oooupyIAK a club, boarding, Lodging or rooming house, or a fraternity, sorority or group student house. (p) a e it go rit r Gruen Btuy d-,-~ oU* A building oooupiod by and maintained ex- olustvely Cor atudents affiliated with an aoademio or professional oolloge or university, andrwhennregulatedibytsuohoinstittutioharning, (q) Fro t Yard A front yard is an open and unoooupisd epaoe on the thole, lob with A building, between the s buildin and the pro arty line extending aoross the front of the lot. (r)l° e, riyate A trivate garage is((a garage with capanityy for for storageaOnlyvan$SPoroprivatevuor~,ehio]es 6 ts) bL o A publio Sara a is any promisee not a private garage, ao de in d above, used for housing of more than three 13) motor-driven vehioles or where any vehtoles are repaired for operation, or kept for remuneration, hire or salon r e t o o (t) A storage garage is any promises, exoept thosh eso eXejntle~,vajy aforitheestoragelof AutOM06iUsed (u) 2.r2gg 1 or.,.&r The groes floor area of an apartment house Nhali be measured by taking outside dimensions or the apartment building at saoh floor level, excluding; however the floor area of base- Monts or attics not used for residenoe purposes. (v) Haiahr (1) The height of a building or portion of a building shall be measured from the averago established grade at the street lot line or from the average natural ground level if higher; or if no s'%reot grade has been established, to the highest poinb of the roof's aurfaoe if a flat mArfa4a to the deok line of mansard roofn, and to the mean height level between eaves and ridge for hip or gable root's. (2) in measuring the height of a building, thc+ following struotures shall be exoludede ohimnnye, oooling towers, radio towers, ornamental oupolas, domes or spires, elevator bulkheads, penthouses, Lanka, water towers and parspet walls not ex- oeeding four feet in height, (w) Alto! A hotel is a building oooupied as a more or less temporary abiding place of Individuals who are lodged vibh or without asale, is which, as a rule, tht+ roomu are oooupied singly for hire in whioh provision it not rands for oook. ing In any individual apartment, and in whioh there are more than 12 sleeping rootss, a public dining room for the aooommodation of more than IP guests, and general kitohsn. An institution is a building or buildings oooupied by a non-profit o:+ganiaation or corporation, or Any non*profit establishment for suoh uae. (y) Kindergarten, A kindergarten is a sohool for more than six ohildren of preysohool ags in whioh aonstruow tive endeavors ob'eot lessons or hsipful names are prominent features of the ourriou um. (z) &odai ' o e A lodging house Is a buAlding other than a hotel where lodging for five or more persons is provided for compensation. (aa) Lot (1) A lot is land occupied or to be oooupied by a building or Its aooessorr buildings, AM including suoh open s aces as are re~qluired under fart 11 or this chapter, anc] having its ortginal frontage upon a publio street or offioiaily approved place, (9) A fractional lot is a portion of a lot thetside line oftAnfadaaoentolotoas itvsing rear line, and the rear line of the rep mainder of the corner lot as a side line. (3) A front lot 1116 is the ownership line Interior lot on corneri lhotss a a frontnl,oto the streat .4N AOL t". line is the prolongation of the front ownership line of adjacent interior lots as originally platted, (4) An intorior lot is a lot other than a oorner lot, (5) A through lot is a lot having frontage on two 2) parallel, or appruximately parallel streets, (bb) Lot, Corn A corner lot is a lot situated at the 3unotion of two or more streets and having a width of no greater than 100 feet. (oc) Lot ines Lot linen are the property ownership lines bounding a lot, as defined herein. NO Motels, Tourist 00urtd A motel or tourist court is a building or group of buildings designed, arranged or used for k temporary occupancy having Accommodations for houaiag or parking automobiles in close proxi- mity to the quarters occupied by the owner of such automobiles and providing for three (3) or more of such quarters, (sO Non-ooMgMi,ng..`j* Non-oonforming use means a building or pre- mimes oooupill by a use that does not conform to the regulations of the district in which it is situated, A ohildrenta nursery is a place where more than six children are left for care, 0e~9ae (6g) The term open space means the area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky, except for the ordinary projection of cornices, eaves or porohes, (hh) s n The term °psrsoO when used in Parf. If of this Ohapter shall mean any nntural person assooiar Lion of persons, partnership, oorpcr ation or soeiatiI and the term 'person" shall include gender~hall include bhu feminine both em nine gao6 r masaulino anral (11) A place is an open unoccupied space an the lot thab is open and unobstructed to the sky re- served for the purpose of access to abutting property. A private club is any building, and rolated owned o and o operated rearoational. pur poUsees a and used nun-profit institution or orga.niwarion for use of its members, from which. the general publio is exoluded, and where no rxotivities are carried on for profit, (kk) ear a d A rear yard Is a rpaae unoccupied except by a building of aooessory use 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, (ll ) Ramer Fr on tawo The term reversed frontage means a portion of a corner lot fronting the street which was originally platted as a side street. (M) Side rd (1) A side yard Is an oppen unoccupied space on the same lot with a buildingg situated between the building and the eido line of the lot and extending through from i the street or from the front yard to the I rear line of the lot, (2) Any lot line not a roar lino or a front line shall be deemed a rids line. (nn) S, tom, lea rivate A private stable is a stable with a capacity for not more than four horses, mules or other domestic animals, (oc) Stables, Public A public stable im a stable with a capacity for more than four horses, mules or other domestio animals. (pp) A story In that portion of a building included between the surface of any floor and the our. face of the floor next above itj or, if there be no floor above it, the space between such floor and the ceiling noxt above it, NO stor a f A halt' story is a store under a gable, hip or gambrel roof, the wall platen of whioh are on at leant two (2) exterior walls hot more than two feat above the front of suoh story, (rr) ht t The term street means any public thoroughfare dedicated to the publio and not designatted as an alley. (so) Lt' .u -11 . Alter~.~ns Structural alterations are an ohangs in the supporbing members of a building such as bearing walls] columns, beams or girders, (tt) Trier Park A trailer park is an area designed, arx~angea or used for the temporary oooupanoy by au c- mobile trailers and providing for one (1) or more of such nuartera, whiolx are occupied or intended for oooupanoy as temporary living quarters by individuals or families. (uu) Vaed 0gr_Junk.Area The term used oar juhk area means an open area other than a street, alley or place used for dismantling or wreoking used autgy mobiles, or for the etortge, sale or dumping of dismantled or wrecked oars or their parts. (vv) Width-of Side and The width of the side yard shall be calculated as the mnsan horizontal distance between a side wall of a building and the side line of the lot, ARTICLE 11.11 PURPOSE (a) Co„irehenaiye Plan The purpose of the regulations provided in parts TI and III of this Chapter is to zone E the entire Olt of Denton Texas into die- triots as molded byy~ Artiolea 1.611a to and including i of Chapter 4, Title 26 of the Revised Civil Statutes of the State of Texas, 1925, as amended in accordance with a oom- prehensive master plan for the purpose oP pro- moting the health, safety, morals, and the general welfare of the general public in the dity of Denton, Texas. (b) Dwe•ian They have been designed tot ;r (1) loosen congestion in the streete; (2) scours safety from tire, panic, and other danger; (3) provide adequate light and air; (u) prevent the ovorerowding of land; {5) avoid undue concentration of population; and (G) fao9,l.itate tho adequate provisions of transportation, water sewerage, schools, parks, and other publio requirements, They have been mass with reasonable oonsidera- tioll amongg other things for the oharaoter of the disbriot and for its partioular suit- ability for particular uses and with a view to conserving the value of tuildings and en- couraging the most appropriate use of the land throughout the Oity of Denton, Texas. ARPTCLE 13.12 D13THICTO (e) Digits The City of Denton is hereby divided into nine (9) olasses of use distriota, termed respeotivo- lyt r• w OYi, (1) "R" - Dwelling Diotriot. (Z) "T)" - Dwelling District. (3) "A„1" - Dwelling Distriet, (4) "A-2" - Dwelling District. (5) "W' - Local Retail District, (6) "LB" - Looai Business District. (7) "B" - Business Uistriat. (8) "LI" - Light Industrial Divtriot, (9) "HI" « Heavy Industrial District, ARTIOLE 13-le'A ZONUO MAC' OF TYig OXTY OP DLNTON, TFZG,q, 1961, x (a) E tabjishment and Adoption of { The boundaries of the various districts pet. forth in Article 13.12 are hereby established and adopted as the same are shown on the "Zoning tap of the ~ity of Denton Texas", which is ereby adop ad ae part Iii of Chapter 13 and which is hereby made a part of Part ii of this Chapter as fully as if the same were set forth herein. The Zoning Map of the City of Denton, Texas, shall be and the same is hereby adopted in one original and three duplicate maps to be designated by title accordingly, each of which shall bear the signature of the Mayor and the attestation of the dity Secretary for identifi- cation and authentication and the same shall bear even data with the final passage of this ordinance. (b) Use of Zoning Mane (1) The Original Zoningg Map of the City of Denton, Texas, 1961, shall be displayed e of thetMunicipal Build ngiof therCity oin Denton, Texas, (2) one Duplicate Zoning Map of the City of Denton, Texas, 19610 shall bs displayed in the office of the Director of Planning of the City of Denton, Texas. (3) one Duplicate Zoning Man of the City of Denton, Texas, 19610 sh611 be displayyed in the offioo of Cho Building Xnspeoi.or of the city of' Denton, Texas, (!t) The remaining Duplicate Zoning Map of the city of Denton, Texas, 1961, shall be did- played in the City Council meting, room for the use and benefit of the pubtiot (o) cNendmenta L-t pin o the 1i, jut-on, (1) It shall ba the duty of the Direotor of Planning of tho city of Denton, Texas, to keep the Original and Duplicate Zoning Maps of the City of Denton, Texas 19611 listed in Article 13 12A (b) (1) through ,S" and including Articlo 13.12A (b) (4) up-to- date and to indicate on the said maps all changes, amendmonts, or additions to, and tho Director of Planning shall note on each such map the ordinance number and the date of passage of the ordinanco authorizing each nuoh change or amendment, (2) In the event of a conflict between the Orig- inal Zoning Map of the City of Donton, Texas, 1961, and any Duplicate Zoning Map of the Cityy of Denton, Texas, 1961 the Original Zoning Map shall be oonolusively presumed to show 4:he offioial boundaries of the dis- triots doaigna+.ed thereon. ARPIOLE 13.128 REGULATIONS APPLICABLE TO ALL DISTRICTS The following regulations shall apply to all Dis- triots listed in Artiole 13.1$, and as hereinafter defined in Part IT of this Ohapter: (a) U i I No building or structure ui-all be erected raised, ( moved plaoed, extended, enlarged converted, con- atruoted, reoonstruotedt or struoturally altered, except in conformity with the regulationa pre- soribed or designed to be used or oooupied for an? purposes other than permitted by these regu- la ions in the district in whioh suoh building, etruoture or land is situated. (b) l~eigh t No buildingg or structure shall be oreotadj raised, oonstruoted, extended , enlarged, roconstruoted or struoturally altered so as to extend the height limit estaRish'ad by Part 1X of this ohsppter for the district in whioh such building or atructure is situated. , (a) Area No lot shall be reduoed or diminished so that the yards or other open spaoee shall be smaller than preeoribed by Part 11 of this Ohapterl nor shall the density of population be inoreased in any manner except in conformity with the area regu- lations herein ostabliahed. No side yard areas for it building shall be inoluded as a part of the required areas of any other building, No parking treat parking space or loading space whioh exists at the time these regulations be. oomo effoofivo or whioh subsequent thereto in provi.dod for the purpose of complying with Part 11 of this Ohaptor shall thereafter be relinquish- ed 01, roduoud. In any manner below the require- manta ostablishod by mart II of this Chapter) ovory building horoafter 61 eabad shall be located on a lot as heroin defined, and in no oars shall there be Moro than one building or use on one loft cxoept as hereinafter provided, ARTICLM 13,1' "R" - b4MLINO I)MRIOT The followirn refulationu shall. apply in all nRn P)wolling J)io .ric dt (a) U on rorjalt d_ (1) One family dvallings, (2) public parks play'Wounda, ohurohes, publio or denominational schools (olementai+y, junior high and high schoola)t oollegea and univer• t ai .its. (3) Railway rights-of-way and traoks, passen- ger stations, but not inoluding switch or storage yards or team traoks, (I4) 001-V oourses (exo'luding, however, minia. Lure golf courses and driving ranges opera ed fur ooinmeroial purposes), {5) Farms, trunk gardens, orohards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale aalea cow tivities are oonduoted on the premises, and provided that no livostook or poultry other than household pets shall be housed or re- tained within one hundred (100) feet of any property line, (6) Aooessory buildin a, inoluding a private garage and servant quarters, when looated not less than eighty (80) feet from the front property line nor lass than six (6) feet from any otter property line, provided that said aooessory buildin a shall not aooupy in exoees of fifty (90) pperoent of the m nimum requited rear yard in the oase of a one-sto building or fusty (40) per- uent of the minimum required rear ;hard in the oase of a two-stori building. No suoh ` servant quarters, however, shall be leased or rented to anyone other than to the family of a bona fide servant giving more than fifty ($0) r,aroentppof said servantle time to in the in pr6miaes buildin , No aoosssory building in this distriot shall be used for oommercial purposes (the term "oommeroial purposes" shall inolude part-time business), (7) Customatly home ooeupations, (8) 7nstallationm of telephone oopaniea, either publiolyy or privately owned; fire stational Sawa a lift stations, transformer stations, and transmission lines for all publio utilities, either prtiratel3* or publioly owned, !b) tiona~ l Us The Vollowin uses may be parmittO in the 11.0 Dwelling Distriot only under pondittonal Una permits granted in the mannor speoUied in Artiolo 13,au, (1) Airports or airoraft 1,anding fields arri airport faailities, (4) 'Publio buildings for use byy 0ity, Counwy, 3*nto or 1'adoral governmunta, (3) Medioal and dental alinios, private schools, day nurseries and kindergartens on sites of orta (.l) gore or Moro, (4) Radio and television broadcasting and trans- mittingg stations miorowave or .line-of-sight tranamission stations, atatio transformer and booster stations, and other publio utility sarvioe uses when neoesnary due to operating requirements, 10 w (5) Institutions of a religious, eduoational or phtlanthropio nature, (G) Athlotio stadiumej oommeroial amusement enterprises of a temporary nature suuh as oirouses, oarnivals, miniature golf oourses, driving ranges, miniature train and pony rides, and rodeosl athletio fields, (7) Riding aoademies, publio stables and traoks on sites of fivo (5) Gores or more, (8) 1Publioly or privately owned u+ility i,nstallo,'~ tons inolUding water reservoirs, pustations, water towers and artesian wells (q) private olubs and oommunity buildings owned and operated b nonprofit organim zations on sites of three (3) aoree or more, (10) Mobile home parks or trailer oourts on sites of five (5) mires or more, a (11) Hospitals, ahildren+s homes, rest homes, oonvelasoent homes, and homes for the aged on sites of rive (,5) aoree or more, (12) Horsed for the feeble minded, or for the treatment of narootio cddioion, insanity or aloholism on sites of twenty (20) aoree i or more, P, (13) Planned Residential Developments, (o) AreaRa_md!2ments (1) Fro t Y ~,d There shall be 4 tra m yard o eery struoture in the nltn M Dwelling Dlstriot havinn depth of not less than twenty-five (21) fee from, the front prop- arty M-1 to the faoe of the building, No oovered poroh, oovered terraoe, or attaohod aooessory building shall, projeot into any required front yard spaos, (2) Rear XIZ d There shall be a rear yard for -ovary a obure in tho nRti - Dwdllingg D istriot which shall have a depth 5 not less than twentyy five r(25) fast measured from tho baok of the abruoture to the rear property linos provided, however, that whore suoh rear yard abutn an alloy the required roar yard may be moasured From the oentor line of suoh alloy, (3} Side ands There shall be two (F) side a s ur eaoh stxioture in the lpsl Dwelling Uistriot, o,ie on eaoh side of suoh etz~uotura, No side yard shall be less than six (6) feet measured from hhe side property line to the side of tlio struoturo and no oovered porch, oover- ad terraeo or attaohod aaoadsory building 11 Il ~sptioo,nrojoct into any required aide yard All required side yards shall be opan and unobgtruoted except for fences and for ordinary pro,)eotiona of sills, belt ooureep, cornices, eta,i but in no vase shall any such projeotion exceed (For special regulations 24 Inches. an reversed front. age, Bee Article 13. Lot Area The mini•.,um area of any lot used p"are - 13well;ug biatriot shall be 6,000 squ feet, (5) Lot Width Ths 7 minimum lot width aha~% be x y ) foot. (6) Lot Coveraga The combined area of the main 7UTrMng anO accessory buildings shall not cover more than ;Corby (40) percent of the total aria of any lot in the "Ri' Dwelling District, (d) H. a xh m No building in the nHi+ - Dwelling District shall exceed the height of thirty-five (35) rest or two and one-half (2j) storiesi d ever { that one-family dwellings InrthedIIHA h Dwelling District ma be inoreased in height by not more than ton (10) feet when two side yards of not less than fifteen (15) feet each are providedi and provided further that, when permitted public or semi-public buildinggs, hospxbals, sanitariums or schools may be ereotad to e, height not ex. needing seventy-five (75) fa:t when the front, side and rear yards are eaoh increased an ad. ditional foot for eeoh root uoh buildings ex- oead thirty-five (35) feet. (e ) Park.iUAW" There shall be provided in connection with every use permitted in the 'IR" - Dwelling Disti+iot off-street parkin pp~~ apaoe in accordance with the provisions of Artiole 13, , AHTrnLE 13414 "}fin - OMLING DIBTRIOT The followin re latlons shall apply in all IFDn Dwelling Dibfriotet 0A) Uses er itte~ (1) Any one pormittod without a Covditional Use rsrmit in an }'13" - nwolling Diatriot. (2). Two-family dwellings, (3) Aooessor buildings (as defined in Article 13,13 fal (6)). (4) Oitatomary home ooaupatinns, (5) A one-family garage apartment Is permitted when located not less bhan eighty (80) feet from the front lot line, nor less than five (5) foot from either hide line, provided, however, that all aooessory buildings ino uding the one-family garage apartment aha l not oo0upy in exoess of fifty (50) percent of the minimum requirod rear yard in the 0400 of a one-story building or forty (40%) poroent in the oars of a two- story building, A oneufamilyy gars e e art- meat shall not be pes,mittod to oonjunoNion with another dwelling on the same of do- signed for more than one-family, (b) Conditional Uses Any useermitted by Oonditional Use Permits in the IV, Dwelling Distriot may be permitted in tha I'D" ; Dwelling Diotriot in the manner speoified in Artiole 13. , I (0) Area Requirements (1) Front Yard There shall be a front yoxd for every r ructure in the ND" - Dwellin Distriot having a depth of not lose than twenty-five (2,5) feet from the property litre to the faos of the building, No covered poreh oovorad terraoo, or att,pohod aooessory building shall projoot into any required front yard spaoo, (2) R _ and There shall be a rear yard for v " oture in the "D" Dwelling Distriot whioh shall have a depth of not less than twenty-five (25) feet measured from the baok of the struoture to the rear property line, provided, however that where suoh rear yard abuts an alley, the required rear yard may be measured from the center line of 0uoh alley, (3) Ride arrds There shall be two (2) side Dwelling Dirtrioto one ran In the of suoh structure, No side yard shall be lose than mix 6) feet measured from the side proper y line to the side of the structure and no oovered poroh oovered terraos or attaohed aooessory wilding shall pro sot into any required side yard space. Ail required side yards shall be open and unobstruoted ex,ospt for fences and for ordinary projeotions of sills, belt courses, oornioea, eta,; but in no onse shall any auoh projeotion exceed twonty-four (24) ,tnohon, (For apooial regulatiohs onrevernod frontago, see Ar 1010 13, ) (b) kLot,Arl a Thai minimum area of anyy lot used n the n - Dwoll f.ng Distrio t ,9 all be 6,000 square Not. (5) Lot Widt T ho minimum lot width shah. be s x y Jbu) feet. (6) Lat Covora o The 0ombined area of the main aiTc7ficT ao0onaory buildings shall not oover more than forty (40 poroent of the total area of any lot in the "D° « Dwelling Distriot, (d) }ei ht T, i.mit No building in tho 11D1I - Dwelling }}istriot sltall exceed the height of thirty-five (35) foot or two and one-half (2j) stories, however, ong family dwelling ma be increased in height not more thann ( 0) feet when two side yards of not less than fifteon (15) feet a oh are provided. 1'n the "D" - Dwelling Distriot, pubQ lio or semi-publio buildings, hotels, hospital's, sanitariums, or schools may be erooted to a height not exceeding sovonty-five (75) feet when the front, aide and rear yards are each increased an additional foot for each foot such bui.ldinge f exceed thirty-five (35) feet in height, (e) Par,..,kkIng g doe There shall. be provided in connection with every use permitted in the °D" - Dwelling Di.etriot, off-street parking space in accord- anoe with the provisions of Article 13,23, { Ate' TOLE 13.15 , '~A ln - Dw>ar.Lxxa DI9TRIfJ'1' The followin regulations Mall apply in all "AI,-I" j Dwelling Disfriotel E (a) Uses rarmitted (1) Any use permitted without Conditibeal Use Permit in any of the foregoing die- triots, (2) Ohildren's nurseries when housed wholly in a private residenoe, the principal use of which is the oporatnrls private dwelling, (3) Libraries and museums. (4) Multiple dwelling for not more than six family units. (5) Apartment houses containing not more them six family units. (b) gogditional, keel, The following uses may be permitted in the "A&ln - Dwelling Ma triot only under Conditional Use Permits ranted in the manner specified in Article 132 t (1) Any uses permitted by Conditional Use Permits in the "RIP and nDu - Dwelling Districts which are not permitted un- oonditionally in thi "A-l" - Dwelling District, (2) Private clubs and oommunify buildings owned and operated by non-profit organi- zations. (3) Mobile home parka or trailer courts, (o) Area Roguiroments (1) Front. Yard There shall. be a front yard Mr evory"structures fn the "A-11' - Dwelling District having a depth of not less than twent -fi.vo (25) feet from the property line to the face of the building. Na covered porch covered terraoe, or attached aooesaory building shall project into any required front yard space, (2) Bear Yard There shall be a rear yard for ev ry`a Fu oturs in the OA-III - Dwelling District which shall have a depth of not lees than twenty-five (25) feet measured from the back of the structure to the rear prororty lines provided, however, that where such rear yard abuts an alley, the required rear yard ma be measured from the oentell line of such alley, (3) aide Yards There shall be tw'o side yards or eao struoture in the "A-lrr Dwelling District, one on each lido of such struoture, No side yard shall be loss than six (6) feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached accessory buildipig 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, eta., but in no case shall ana such projection exceed twenty- foar (241 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 tan (f0) feet between the sides of the buildings on the same lot, Tn the case of coup houses or oo%r t apartments, when ildinggs rear upon the side yard, the width of the aide yard shall be inoraased by one foot for each building or apartment abutting thereon, It any stairway opens onto orin served by such side yard, the minimum width of such side yard shall be ton (10) Pont. (4) Area The minimum area of any lot~uded or ws ling purposes shall be six thousand (6,000) square feeb provided, however that in the oaee of apartment houses or buildinggs arranged or designed for more than two famS- lies tho minimum area shall be six-thousand (6,060) square feet plus seven hundred (700) square foot for ea+h family in exoeas of two, (r) Lib Width The minimum width of any lot used for dwelling purposea shall be sixty (60) feet, (6) t (?er~ggoThe combined area of the main ~,ng and accessory buildings shall not cover morn than for"y tt40) percent of the total area of any lot fn the nA„1" - Dwelling ilisbrict, {d) }Iei t Limit No building in the "A-1" - Dwelling $ 9 r a `E-aal1 exceed the height of thirty-five (95) feet or two and one-half (2j) stories, how- evor, one family dwellings may be increased in height: not more than ten (10) feet when two side yards of not lees than fifteen (15) feet each are provided, in the "A-111 - Dwelling Distriot, public or semi-publio buildings, hotels, hospi- tals, sanitariums, or schools may be oreotvd to a height not exoseding seventy-five (75) feet when the fron*, aide and rear yards are eaoh inoroasod an additional foot for eaoh foot such buildings exceed thirty-five (35) foot in height, (e) arktn SRaoe There shall be provided in connso on with everyy use permitted in the "A-1't - Dwelling Distri.ot, off-street parking space in aooordanoe with the provisions of Artiolo 13.23. ART10TZ 13.16 "A-2" - DWELLING DISTRICT The followingg re i ations shall apply in all "A«2n _ Dwelling Distrio, (a) Uses rermitt d (1) Any use permitted without Conditions' Use Permit:; in any of the foregoing districts, (2) Boarding or lodging houses, (3) Hospltals and clinics (excepting tuberouler and •reterinary) and hospitals and elinios for the treatment of alooholio, neurotic insane feeble minded or narootics-addioted patients, hotels in whioh business may be oonduoted for the sole convenience of the occupants of the building; provided, however, that there shall. be no entranoe to any such place of budineas except from the inside of the building; motels. (5) Multiple dwellings for more than six family units. (6) Apartment houses for more than six family units, (7) Private clubs, fraternities, sororities, group student houses, lodger; excepting, however, any of such uses of whose ohief aetivitso are oustomarily carried on as a business. (0) Kindergartens; private sohools teaching similar subjects an are taught in elementary schools, provided the building, or buildings are sot back from all xlequirod yard lines two (2) feet fnr ovory foot Or building height and provided all off-street parking facilities consistent with requi.roments of the use are provided on the site. In the instanoe of private schools and kinder- gartenno a minimum building area of thirty (30) square foot per student and a minimum site area of two hundred (200) square feet per student shall be provided, (b) conditional Uses Any uses permitted by Conditional Use Permits in the I'R 1i fil" and 'A-1" Dwelling Districts may be permitted in the "A-2" - Dwelling Dis- triet in the manner specified in Artiole 13,2', unless suoh uses are permitted unoonditionally in the "D° or "A-1" Dwelling Districts, (o) Area Requirements (l) Front Yard There shall be a front yard 3or 8very structure in the "A-2" - Dwelling District having a depth of not lose than twenty-five (25) Poet from the property dine to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard npaoe. (2) Rear Yard There shall be a rear yard for --`"ry it oture in the "A-2" - Dwelling District which shall have a depth of not less than twenty-five (25) feet measured from the back of the structure to the rear property line] provided, t.oWaver, 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 side yards rr h atruotura in the "A-V - Dwelling i District, one on eaoh side of such structure, No side yard shall be less than six (F) feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached aooessory building shall project into any required side yard space, All required side-yards shall be s` open and unobstructed except for fenoes and for ordinary projections of sills, belt courses, cornices, eto, but in no case shall an•/ such projection exceed twenty- four (2q) Inches. For the purpose of side yard re lAtions, two or more detached one or two family dwellings ihall be considered as one building when ocoLpying one lot; provided however, there shall be a minimum of tan ({0) feet between the sides of the buildings on the same lot. In the case of group houses or court apartments, when buildings 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 side yard, the, minimum width of suoh side yard shall be tan (10) feet Where a building is erected or struoturally altered for dwelling pur., poses for buildings more than three (3) stories in height, but not exceeding eight (8) stories it) height, each of the two bibs yards shall boo increased one foot in width, for each additional. story abov,o the third. Por dwellings more than eight stories or one hundred (100) feht in height, the front, side and rear yards sha~.l be inoresood are additional foot for each foot such buildings exceed one hundred feet in height. /r { Lot Area The minimum area of any lot used or we ling purposes shall be s.x thousand (6,000) square feet- providedl 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 seven hundred (700) square feet for each family in excess of two. (5) Lot YJidth The minimum width of any lot used . or we ing purposes shall be sixty (60) feet. (d) Parking Space Thore shall be provided in oonnootion with every use permitted in the "A-2" - Dwelling District, off-street parking spaoe in accordance with the provisions of Artiole 13.23• ARTICLE 13.17 "LR" - LOCAL RETAIL DISTRICT The following regulations shall apply in all "T,R" Local Retail Distriotst (a) Uses Permitted (1) Any uses permitted without Conditional Use Permit in the "R", aD", tOA-110 or "A-2" Dwelling Districts. s'< (2) Banks, offioes, studios, postal stations. i (3) Restaurants, or cafes when operated ex- olusively within an enclosed building and f not including drive-in services. i (4) Piok-up stations for prsesing, cleaning and laundry. (5? Retail stores s,.oh as grnoery, drug, applianoe, r variety, bakery sales, shoe repair, flowers, apperai, barber shop, beauty parlor, and ; other shops for custom work or the making of articles to be sold at retail on the promises; rovideap that no "secondhand g the "LR" - Looal Retail District. (6) Antique shops, art gallery, books or sta- tionery store. (7) Candy, oigarn and tobacco, retail sales only. (8) Hardware, sporting goods, paints and wall paper. (q) professional offl.oes for architeots, attorneys, onginears and real estate. (10) Sales and display of china, art objoots, alasswaro, draperies and cloth. (11) Washatoria equippod with and using fully automatic washing and drying machines where oustomors may personally suporviso the washing and drying of laundry, provided no washing machine shall have a oapaotty in excess of twenty (20) pounds and no dryer or extractor shall havo a capacity in excess of sixty (60) pcu~7ds, and that the aggregate number of machines of all types used shall not exceed twenty-five (25). No dry cleaning or pressing equipment or faoilittes shall be permitted. (b) Coro tional Uses Any usesarmitted by Conditional Use Permits iu the "R", rD" "A-1'1, and "A-211 - Dwelling Districts may be permitted in the "LR" - Local Retail Dis- triot in the manner specified in Article 13.24, unless suoh uses are permitted unconditionally in the "D", "A-1" or "A-2" - Dwelling Disi,i,l.ots. (o) Area Requirements (1) Front Yard There shall be a front yard for every 9Tructure in tho "LR" - Local Retail District hRvin a depth of not lase than twenty-five (25) feet from the property line to the face of the building. No oovered poroh, oovered terrace or attaohed aooessory building shall pro'-ot into any front yard sprnoe. (2) Rear Yard There shall be a rear yard for every arruoturs in the %R11 - Looal Retail Distriot which shall have a depth of not less than fifteen (15) feet; provided, how- ever, that where such rear yard abuts an alley the required roar yard may be measured from the oonter line of suoh alley. (3) sioa yards No side yards are required in the nL{t oval Retail Distriot exoept in in- sta!ioes where a building is erected or struo- turally altered for dwelling purposes in which eases, there shall be two (2) side yards, one on eaoh side of the building, of not loan than six (6) Peet for eaoh side, if property k in the "LR" - Looal Retail Distriot is not used for dwelling purposes, but abuts upon k the bide of a lot zoned for dwelling distriot purposes, there shall be allowed a minimum l space of twelve (12) feet in width between d, however, tha buildings, provided, that the eido yard of the property zoned for "LR" - Looal Retail Distriob shall not be required to exceed six (6) f o t. (b) Lot Aiwa The minimum area of any lot used or we ling purposes shall be six thousand (6,000) square fee t provided, however that r in the oase of apartment houses or buildings arrangged or designed for more than two.. femilios, the minimum area shall be six thousand square feet plus seven hundred (700) square feet for eaoh family in excess of two. (5) Lot 4Jidth The minimum width of any lot used or w; Mng purposes shall be sixty (60) feet. (d) H2i&t Limit No building in the 11MV - Loam Retail Dietriat shall exooed the height of Thirty-rive (35) feet or two and ono-half (2k) otorios, however, one family dwellings may be increased in height not more than lien 10) toot when two sido yards of not less than fifteen (15) foot oaoh are provided. In the "LR" - Vocal Retail District, publio or semi- public buildings, hotels, ho"pitalu, nanitariuma, or schools may be created to a height not exceeding noventy-five (75) rest when the front side or rear yards are oanlx increased an addi.tionai foot for each foot such buildings exoood thirty-five (35) feet in height. (e) Parking Spans There shall be provided in connection with every use permitted in the "LR" - Local Retail District off-street parking spade in accordance with the provisions of Article 13.23, (f} Outside Displays of Marchandisa Prohibited There shall be no outside display of merchandise in oonneotion with any of the permitted uses within the 'ILR" - Local Retail District, ARTICLE 13.18 1IL13" - LOCAL BUSIN883 DISTRICT The following reggulations shall apply in all "LB" - Local gusinoss districts; (a) Usos Porinitted (1} Ally uses permitted without Conditional Use Permits in the 1IR" "D"~ "A„ln ox, "A-2" Dwelling Districts or the "LR" - 1,00al.Rotiail t Distviot. Auto stales and repair work; provided, that storage facilities shall be purely inoidental to the principal use; and provided further, that the area allowed for the repairs of oars shall be within at) enclosed building. (3) Retail stores such as supermarkets, restau,', rants, oafes, delicatessens drive-in food and drink stands, department stores, and other shops for custom work or the making of articles to be sold at retail on the pre- miaesj pruvided, that no "soeondhand" goods store or yard shall to permitted in the %B11 - Local Business District, (!t) Bakery, washateria, cleaning, pressing and dying shops. Mortuary, greenhouse, or nursery office, (6) Hotels, medical and dental clinics, voteri- nary olinios (provided animals are not kept over night), (7) Public auto storage garage. ' (8} Gasoline filling station (providing major repairs on automobiles shall be performed within an enclosed building), (9) Theatres, moving picture shows, bowling alloys (within an enclosed building) (10) Wholoaalo off ioo and sample room. (7,1) Job Printing. (12) F'reson food lookor, retail. (13) Auto laundry without heatin and steam cleaning facilities, and without boiler, and in which all washing operations are Performed within a building, (111) Auto repair garage whore all work is per- formad within a building, and not including the open atorago of trucks, trailers or vans. (15) Seat cover sales and installation. (16) Furniture repair and upholstering (retail only) and where all display and storage is conducted within an enclosed building, (17) Catering and wedding service; camera shop; curtain cleaning shop; electrical goods, retail; film dovelopingland printing, (16) Electrical repairing of domestic equipment and autos (retail only), (19) Exterminating company, (20) Electrical goods (retail only). (21) Pix-it shops, bicycle repairs, lawn mower sharponing, saw filing and tool sharpening (retail only and only within an onolosed building) , (22) Letter service and mimeograph shop, (23) office furniture equipment, household and furnishings and appliances (retail only), (214) Jewelry, hotographio supplies, and optical goods (retail only), (25) Garden store, including retail sales of seed, small tools, and gardening equipment, (26) Musical instruments (rett,il only). (27) Any retail sales use which is not permitted in any of the proceeding Districts; provided, however, that all items for sale are dis- played entirely within an enclosed building; and provided further, that such use is not f noxious or offensive by reason of the smis- lion of odor, dust, gas fumes, noise or vibration and that no type of manufaoture or treatment shall be permitted on any pro- mises in the 111,Bf' - Local Business District other than the manufaoture of produots ol.)arly incidental to the oon6vto of a re- t.ail business on the promises, (b) Conditional Uses Any uses ermitted by Conditional Use Permits in the oR I i uDu P eA.111 and "A-211 - Dwelling Districts or in the fILR° - Local Retail District may be permitted in the "LB" District in the manner specified in Article 13, 24, unless such uses are permitted unoonditionally in the "D", "A-lft or ~A-2° - Dwelling Districts or in the "LE11 - Local Rotail. District. (o) Area RoguIromento (1) Pront yard if any building is nraofod or~" tFii orally altered for dwelling pur- poses in the ILB't . Focal Business District, a front yard of not; less i;han twonty-five (25) foot in depth is required, Otherwise, no front yard is required in the I'LB11 - Local Business District; but any building of any property (oxoopt whore used for Y`esidontinl purposes) shall be set back thirty (30) foot from the center lino of t.ho nl:root fronting the property, oxoopt Mint in tho brio of property fronting streets ono hundred (100) feet in width, tho set back shall, be fifty (!)'0) foot (suoh distance being mAasttrod from Min onnf,or line of the ril!iloot to the front ],)nn of I;hc building, covered porch, covered terraos or attached accessory building. (2) Rear Yard 'Share shall be a rear yard for every struoture in the "LB" - Local Business District which shall have a depth of not less than fifteen (15) feet; provided, however, that where suoh rear yard abuts an alley the required rear line may be measured from the center line of such alley. (3) Bide Yards No side yards are required in the 1117 - Business District except in in- stances where a building is erected or struo- turally altered for dwelling purposes, in which oases, there shall be two (2) aide yards, one on each side of the building, of not less than Rix (6) feet for each side. If property in t;~e "LB" -Local business District is not usod 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 build ngei provided, how- ever, that the side yard of tho property zoned for 11LB" - Local Business District shall not be required to exceed six (6) feet, (4) Lot Area The minimum area of any lot used or dwelling purposes shall be six thousand (6,000) square feet, (5) Lot Width The minimum width of any lot used or we ing purposes shall be sixty (60) feet, y (d) Height Limit i No building ir, the "LB" - Local Businesa District shall exceed the height of forty-Pi,ve (45) feet or three (3) stories. In the "LB" - Local Business District, public or semi-publio huildings, hotels, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five (75) feet when the front dide or rear yards are each in- creased an addtional foot for each foot such buildings oxcoed forty-five (45) feet in height, (e) ~'ark._ ing .5 sae There shall be provided in oonneotion with any use permitted in the "LB't - Local Business District off-street parking space in accordance with the provisions of Article 13,23- ART 10 LE 13.19 "B" BUSINESS DISTRICT The following regulations shall apply in all "B" - + Business Districts: (a) uses Formittod (1) Any usos permitted without Oonditional Use Pormife in the "Ril, "D", "A-1" or 11A-2 Dwoll- ing Distriots, the "LR" Local Rotail Distri:ot, or the "LB" - Local Bueinoar District. (2) Automobile laundry; automobile painting and up- holstoringi awning, manufacturing (cloth, wood or metal.). (3) Hook binding= printing; bottling workei bus and truck s oragei bowling alleyei bus pas- ssnger stations and teiminal.o; billboard or advertising signs. ~l (4) n othin manufacturing; carpet oleaning (if due collection equipment is provided); ceramic produots and handicraft produots; cold storage plants; eommoroial amusement;, cleaning and dry gleaning plants, Dry goods (wholesale or storage); dance halls; driving range; dyeing plant, (6) Electrical repairing and electrical equip- ment sales; elootroplating and typing; an- graving, (7) rood storage and mixing cif dust oollaeti.on equipment is provided (wholesale); food products manufacture and storage; food whole., sale sales; florist (wholesale and retail); furniture auction sales, (8) 0rooery (wholesale and storage), (9) Household goods (storage and wholesale); hauling (heavy and light), (10) Toe manufacture and storage; ice oream manufsoturo. (11) Lithographing; loading and storage traoks and docks; laboratories (indust,rialiesting); lens grinding for optical goods; laundry dyeing and cleaning, (12) Market; mirror resilvering; motion pioture studios for oommercial films; moving and storage; mattress manufaoture (if dust eolleotors are provided). + (13) Newspaper printing and publishing, (14) publishing house; printing shop; printer's supply equipment sales and repairs; photo engraving; paint mixing (exoluding baking and oooking of paints and laoqua„s; publio garage; pecan shelling. (15) Rubber stamp mo hufaeture (natural or synthetio involving prooPas ng of orude rubber), (16) ,`leoond-hand furniture sales; auto stiles lot; storage warehouses; aeoond-hand goods store (when housod within an enclosed building); ake.ting rinkf schools (all t es inoludI,ng oommeroial and trade sohools7 seed sales and storage; shoe stores (wholesale, retail or storage); storage of trucks and vane; males and storage of auto parts and aeoesso.. ries (when within a building and when no parts of automobiles for sale are stored or displayed in the open), (17) Team traoks and unloading docks; railroads; tire retreading and rooappin ;transfor hauling and baggatd hauling (warehouse and storago); telov s on salon, service and otorage (;wholesale and retail); type setting, (18) Venetiah blind manufaoture.(storage and sales) (19) Warehouses, (20) Any oommeroial, recreational or amusement use not; inoluded in any of lino proceeding olassifioati.ons; provided, such uses am not noxious or offensive by reason of the emission of odor, dust, smoke, gas fumes, noise or vibration) and provided further that no type of manufacture or product treatment not specifically mentioned in the foregoing list of permitted uses in a nBtI Business Dist)+iot shall be permitted other than the manuPaoture or treatment of pro- ducts clearly incidental to the conduct of a business on the premises. (b) Conditional Uses Any uses permitted by Conditional use permits in the 'IR° "DI} nA-111 and "A-211 - Dwelling Din» triots, the 11LO - Local Retail Distriot,, or the IILBII - Local Business District may be permitted in the "B" - Business District in the manner spoaified in Article 13,24, unless such ueea are permitted unconditionally in the ''D" "A-111 or "A-2" - Dwelling District, the °LRo - Local Retail District, or the I'LBI' - Local Business District, (c) Area Requirements (1) Front Yard If any building is erected or s rue ura ly altered for dwelling purposes in the "Bu - Business District, a front yard of not less than twenty-five (25) feet in depth is required. Otherwise, no front yard is required in the °Bs - Business District; but any building on any property (except where used for residential purposes) shall be set back thirty (30) feet from the center d line of the street fronting the property, except that in the case of property fronting streets one hundred (100) feet in width, the set back shall be fifty (50) feet (such t distance being measured from the oenrar line of the street to the front line of the building, covered porch, covered terrace I € or attached acoossory building, G c (2) Rear Yard There shall be a rear yard for every st*ruoturo in the "B11 - Business District which shall have a depth of not less than ten (10) feet, except where an alley is provided and the distance from the building line to the center line of the alley is not less than ten (10) feet, (3) Side Yards No aide yards are required in the 11911 - Business District except in in- stances whero a building in oreotod or Eitruoturally altore6 for dwc3.ling purposes, Iv which eases, there shall be two (2) side yailds, one on each aide of the building, of not less than six (6) foot for each side, If property in the I+Bn Business District is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling district purposes, thsro shall be allowed a minimum spaoe of twelve (12) feet in width between buildings) provided however, that the silo yard of the proporty zoned for "B" M 13usinosn District shall not be required to exceed six (6) foot:, p)hero a building is o.rected or structurally altered for dwelling purposes for buildings more than chroo (3) storios in hoi.ght, but not oxcoodin aighl; (d) stories in height, each of the two sido yards shall be Increased one foot; in width for each additional story above the third, For dwellings more thari eight stories or ono hundred (100) Poet in height, Lao front, sido and rear yards shall be increased an addi- tional foot for each foot such buildings exceed one hundred foot in height, -24- O}} Lot rea The minimum area of an 1 used or we ling purposes shall be six thousand (6)000) squaro feet; provided, however, that in the ease of apartment houses or bu:tldings aa`ranged or designed for more than two fami- lies, the minimum area shall be si. thousand foootrfoil hundred 010 two, wo, {5) Lot Width The minimum width of any lot used o tds_'e ing purposes shell be sixty (60) f 049 (d) Parking Space There shall be provided in oonnectinr) with any use permitted in the rrs3n Business District off- s visions of treet parkingspaoe accordance with the pro. o 13-23, ARTICLE 13.20 "Ll" - LIGHT INDUSTRIAL DISTRICT The following regulations shall apply in all "LI" Light; Industrial Districtst (a) uses r-ormitted (1) Any use permitted in any of the foregoing districts, except that no building shall be ereoted or converted for dwelling purposes; provided, however, that dwelling quarters may be established in connection with any t industrial plant for contractors and watch. men employed on the premises; and further provided that any existing dwelling structure within an 'ILI" - Light Industrial District € may be repaired and altered, (2) Artificial limb manufacture; automobile i assembly, automobile agency; aut•-;nobile repair, (3) Baggage tvansfa and storage warehouse; bakery (wholesale or employing fj.ve or more persons); bicycle manufacture; blaokemithing; book publishing; boot and stjoe manufacture,* broom manufacture; buildi€, materials yard; bus barn or sensual bard sforago or terminal, i {~I) Cabinet master; oandy man+ufaoturo; canning rind preserving manufacture; cap and hat manufL, Lure; oarpentor shop; carpet oleaning hatchery) cleaning and pressing tj chiak•,n cloth- ing manufaoturo; coal. yard; cof~`pqAmanuturo; € cold storago warehouse; commission houso; condensed mi)•k man(ifc(ohuro; oont actorsr (stwhooragelosaleya)rd; cosmotic manufaoturo; cr(~amory , {5) Dairy (wholosalo); dontal laboratory; drug manufaoture; (illy oloaning (industrlul); dye- ing and cleaning plant, (6) Cl.ootrical power plant; sleotrioal sign menu. .facture, enameling and painL,ng; engraving plant; express storage and dol.•vory station, (7) food manufaoture; food sales (wholesale); flour and grain storage elevators] fruit and vegetable drying; fuol distributing station; fuel gas storage; fur warehouse; furniture warehouso or storage, i (8) (;ELI, a (heatgsi(repairorage); garment faotoryl gas ng st}; geophysical laboratory; pain elevator; gravel pit; grocery store (wholesale (9) Hat cleaning; hatchery; hay, grain and feed sales (wholesale); hor8o shoeing, (10) Jewelry manufaoturq; laundry; light and piovWeerrysubtsbtlateion; lime and cement warehouse; l sa lumber yard, (11) Mattrobs manufacture; macaroni manufacture; medicine manufacture; milk bottling plant, milk depot (wholesale), millinery and arti~ ficial flower making; mineral water dis- tillation Lnd bottling; motoroyole repair; moving company (with storage facilities), (12) Neon sign manufacture, (1.3) office building in conjunction with and on site of industry or factory; office equip- meet and supply manufaoture; optical goods manufacture; organ manufaoture; overall or pants manufacture, (14) Paint she fi can, oonteiner, p and bfu b manufacture ,paper products manufaature, • , paper perfume manufaoture, pencil manufao rod manufacture; piano ~nufaotur pr rse; priproducts nufuatntih ~ ~ produce warehouse; public utilities plant, 1 publishing oompany; pump station, ' (15) Radio and television manufaature; refrigora- for manufacture; rug (loaning, (16) Sand and gravel pits, yards or storage; and bolt manufacture, • sheet metal o ~oirt factor sign shop; shirt y, aint p Sne soda water manufactur;saoortinik manufacture; facture; stable; storage warehouseoods menu- 3 (17) Tailor she p; taxicab storage and repair; telephone exchange or substation; television manufaoture os, aerial manufaoture; television t esnding or rol.ay towers; textile manufaoture; th0'Mometoil or thermostat manufaature } products (wholesale); tin shop or tinsmitin ;th; tiro repair shop; transfer company, baggage storage; trunk manufacture. (16) Upholstery manufacture. (19) Veterinary hospital; vulcanizing shop (rubber), (20) Wagon or trailer shop; wall warehouse; washing machine manufacture;awatch; manufaoture; water company appurtonancos; waterproofing treatment and nranufaott;„o; welding shop; wholosulo produce storage or market; window shade manufacture; wire brush manufacture; wood products manufaature; wood- working shop, small; woven goods manufaoture; woretcd goods manufacture. (21) Manufacture of any kind not listed under "!i" Heavy Industrial, Distriot; provided, that 1 such use Is not noxious or offensive by reason of emission of dust, smoke, gas, noise or vibration, N Conditional Uses Any uses permitted by Conditional Use Permits in the "R"", "'D'", ""A-11" and "A-2" - Dwelling Districts, the %R" - Local Retail Distriot the "LBO" - Local Business District, or the 6B" Business Distriot mayy be permitted in the 1111" - Light Industrial Distriot in the manner specified in Article 13 24, unless such uses are permitted unoonditionally in the "D"", nA-11" or "A-2" - Dwelling Districts, the 'ILR" - Local Retail Dis- triot,the ""LB" - Local: Business District, or the ""S" - Business District, (o) Area Requirements (1) Front Yard No front yard is required in " Light Industrial District, but any building on any property (except where used for residential purposes) shall be set back thirty (30) feet from the center line of the street fronting the property; except that in the case of pro erty fronting the stroet one hundred (100 feet in width, the set back shall be fifty (50) feet, such distance being measured from the confer line of the street to the front line of the building, covered porch, covered terrace or attached aoosssory building, 1 E' (2) side Yards If property in the "ELI" - Light Must r a Distriot 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 twelve (12) feet in width between buildings; provided, however, that the lido yard of the pro erty zoned for Light Industrial use shall no be required to exceed six (6) feet, (d) Parking Space There shall be provided in connection with any use permitted in the "LI" - Light Industrial District, off-street parking space in accordance with the provisions of Article 13,23. ARTICLE 13.21 "HI" - HEAVY INDUSTRIAL DISTRICT The following rogulations shall apply in all ""HI" - Heavy Tnduatria7 Distriotst (a) Uy s permitted I (1) Any use permitted in any of the foregoing districts, except that no building shall be erected or ounverted for dwelling, purposes; provided however, that dwellingg quarters may be estabiishnd in connection wii;h any in- dustrial plant for contractors and watokunon employed on the promises; and fur;her pro- vided that any existing dwelling structure within an ""HI" « Heavy Industrtal District may be repairod and altered. (2) Abattoir or packing house; acotyleno as manufacture; acid manufacture; agriou rural implements manufacture; air products mane- fao+uro; airplane repair and manufaoturoj aluminum manufaoture; ammonia manufacture; ash dumps; asphalt manufaoture; refinery or storage; automobile manufacture, 27 - !ice (3) Bag ololtning; bag manufacture; bank equip- ment manufaoture; barrel manufacture; belting manufacture; bicycle manufacture; blast fur- naoe; bloaohory; bleaching powder manufacture; boat manufacture; boiler works; bolt and nut manufaoture; box manufaoture; brass foundry; brewery; brick yard and kiln; bronze manu- faoturo; brush manufacture; business equip- Mont manufacture, (4) Calcimine manufacture; can manufacture; candle manufacture; oar manufaoture; oar wheel manufacture; oarborundum manufacture; carriage and wagon manufacture; oast iron pipe manufacture; casting .foundry; cattle shed; oaustic soda manufacture; celluloid manufao- tune; chalk manufacture; charcoal manufacture; charcoal manufacture and pulverizing; oMese manufacture; chemical manufacture; chlorine manufacture; chocolate and cocoa products; cider and vinegar manufacture; clay products manufacture; coffee roasting; coke ovens; concrete batohing or ready-mix plants; con- orete produots manufacture; oopperage works; copper manufacture; oorrugated metal menu- facture; cotton ginning; cotton yarn raanu- faoturo; oottonseed oil manufacture; orema- tory; creosote treatment and manufacture. (5) Matillation of coal, wood, boned; dumping stationss dye-stuff manufacture,, disinfeo- tant and insecticide manufaoture. (6) Electrical supply manufaoture; elevator manufaoture; emery cloth manufacture; engine manufacture; excelsior manufacture; exter- minator or insect ;poison manufacture. (7) )welt manufacture; fertilizer manufacture; Piro clay products manufacture; fireworks manufacture or storage; fish curing; fixture manufacture; flour and grain milling; forgo works; foundry; fuel. gas manufacture; fur- niture manufacture, (8) Gasoline storage wholesale or bulk station; gelatine manufacture; glass manufacture; glucose manufacture; glue and fertilizer manufacture; graphite manufaoture; grease and tallow manufacture; gristmill; gunpowder manufacture; gutta poroha manufacture; gypsum manufroture, r (9) fflair products manufacture; acture; heating appliance anddsupplieesu" manufacturo; hide banning and tallow manufacture; hosiory mill; hydroolilor.o acid and derivatives manufaoture, (10) Iron works; inoinerator; insect poison maou- faoturo; iron (crnamontal) works. (11) Japanning and shellacking{ works; junk yard; jute manuf acturo, (12) Korosero manufaoture and storage; knit goods manufacture, (13) i,ampblaok manufacture; livostock barns and auction sales pens; lard manufacture; lath yardss ure; l y ivestock loading and shipping ard; laundry inauhinery manufacture; lead manufacture; leather and leather goods manu- facture; leather curing and tanning; light and power plants; limo manufaoture; linen goods manufacture; linoleum manufacture; linseed oil manufacturo ;locomotive manufac- ture; lubricating oil manufacture; lumber mill, (14) Machine shop; machinery manufacture; malls- ablE oactiog manufacture; marble quarry; match manufaoture; meat packing plant; metal polish manufaoture; metal products manufao- ture (except light products); metal weather stripping manufaoture; milling plant; molasses manufacture; monument works, (15) Nail manufacture; needle manufacture; nitrating of cotton or other materials; nitric acid or other derivatives manufaoture, (16) oil manufaoture; oil refinery; oilcloth manu. facture; oleomargarine manufacture; ordnance manufacture), ore dumps and elevators ore reduction; oxygen gas manufacture. ' (17) packing plant (nest and poultry); paint manu- facture; paper or paper pulp manufaoture; poultry slaughtering and prooessing; gattern shop; petroleum refining; potroleum storage (wholosale); petroleum wells; pickle manu- faoture; piorio acid or derivatives manufao_ ture; pin manufacture; pipe (concrete or metal) manufacture; planing mill; plaster of Paris manufacture; slating works; plow manufac- ture; plumbing supply manufacture, pole and shaft manufacture; potash mo,nufao~ure; poultry food manufaoture; printing ink manufaoture; public utilities plant; proxyline manufacture, ()8) Quarry (stone, gravel or sand); quilt manu.. I (19) Railroad shops and roundhouses; radiator F manufacture; rag treatment or manufacture of rag products; raw hides and skins (treatment and utorage); reduction of ore, ggarbage, offal, oto „ refuse dump; rioo cleaning and polishing; rivet manufacture; rook crushing; rolling mill; rope manufaoture; rubber goods or rubber manufaoture; rug manufacture, (20) Salt manufacture) salvage storage yard; sand paper manufacture; sauerkraut manufaoture; ' sausage or sausage easing manufacture; saw- dust manufacture; saw mill; sorap iron storage yard; sorap metal reduction; sewer pipe manufauture; sewage disposal plant; shell grinding; shingle manufacture; shoe blacking manufacture; shoe manufaoture; shovel manu faoture; smelting metals plant; sn,ufi' manu facture; soap manufaoturo; soda and washing compound matrufacture; soybean oil manufaoture; staapingg0 metal; starch manufacture,, steel mill; stockyards; stone crushing; stone cutting and screening; stone manufacture; structural steel and iron manufacture; sugar refining; sulphur, sulphurio acid manufaoture; syrup ar,d preserve manufacturo; sales of used auto parts and auto wreaking yard. (21) `Sallow manufaoture; tanning and curing of hidos; tar distillation; tar paper manufao- ture and tzar products terra cotta manufao- ture; textile manufacture; the manufacture; tin foil manufacture; tin products manufao- tune; tin refining; tire manufacture; tobacco manufaoture; tool manufacture; turpentine manufaoture; typewriter manufacture, (22) Uoed automobile junk yards, (23) Varnish manufacture; vinegar manufacture, (24) Waste paper products manufacture, wire and E oabl.o manufacture; wagon an-2 trailer manu- facture; washing powder manufacture; wool noouring or pulling; wood preserving treat- ment; wrooking material yard, (25) Yeast manufaoture; zinc products manufacture,,. (26) Any other use not prohibited by city ordi- nonce as a nuisance, (b) Conditional Uses Auy uses permitted by Conditional Use Permits in the ";l" "D't~ "A-ltt and "A-2" - Dwelling Districts, ? the LR Local Retail Distriot, the !tLBtt Local Business Distriob, the "Bit - Business Dis- i triot, or the 111,1" -Light Industrial District may be permitted in the ttHltt - Heavy Industrial Distriot in the manner specified in Article 13,24, unless uses are permitted unoonditionally in the "Du, ttA-ltt or "A-2" - Dwelling Districts the LR - Local Retail Distriot, the itLBtt ' Local Business District, the "B" Business Dis i triot, or the 111,2" - Light Industrial Distriot, (o) Area Roquiroments (1) Front Yard No front yard is required in 77- Heavy Industrial District, but any building on any property (oxoep+ where used for residential purposes) shall, be set back: fifty (50) foot from the oenter line of the street fronting the propertyy; except that in the case of pro erty front ingg the street one hundred (100 feet in width, the j set back shall be fifty (50) ,feet, suoh dtotanoe being measured from the center line of the street to the froO; line of the building, oovered porch, :overed terrace or atkaohed aocesaory building, (2) Elide Yards, if property in the "111" w Heavy n us r e. District is not used for dwelling purposes, but abuts Capon the side of a lot coned for dwelling purposes, there shall be allowed a miiimum apace of twelve (12) foot in width between buildings; provided, however, that the side yard of the property zoood for t Heavy Industrial use shall not be required to exceed six (6) feet, (d) arking Space There ohall. be provided in uonnoction with any use permitted in the "HI" - Heavy Industrial Distriot, O f-stroot parking spaoo in accordance with the provisions of Article 13,23, 30 ANTICLE' 13, 22 H: IG i!' AREA 4ND SPACE REGULAT CONS APPLI- CABLE 1'0 ALL DISTRICTS t0.) 138-he- i of Mi9cellaneous Struotures Chimneys, water towers, Tent houses, soonery lofts, sugar refineries, monuments, oupolaa domes, spires, standpipas) false mansards, parapet walls, similar struotures and neoos- sary meohanioal appurtonanoes may be ereoted as to their height in aooordanoe with existing or hereafter adopted ordinances of the City, (b) Basis _of HeirzhY Measurements On through lots one hundred and fifty (150) foot or lose in depth, the height of a build- ing may be measured from the ourb level on either street, On through lots more than one hundred and fifty (150) feet in depth, the height regulation and basis of height measure- rnont for the atroot permitting the greater height shall apply to a depth of not more than one hundred and fifty (150) feet from the street, (o) Front Yards Where the frontage on one aide of a street in the same blook in zoned for two olassee of ' dist:riots, the set-baok on the most restrioted distriot shall apply to the entire blook. f (d) Ccear Yarda (1) In oomputing the required depth of a J rear yard for any building where suoh 1 yard abuts an RI , the depth of lot I may be oonsidered o the oanter of the j allay, and the required depth of rear yard measured from the oenter of suoh alloy, I 1 (2) In all districts where a building to ereoted or structurally altered for dwelling purposes, there shall be a rear yard having a dopth of not loss than twenty-.five (25) foot, (e) Sir3~ e_ xa~rd4 (1) For the purpose of side yard regulations, ' two or more detaohed one or two family dwellings shall be'ooneidered as one building when oooup~ing one lot= provided, s owever, hero eha]. be a minimum of too (10) foot between the sides of the build- r ,ing on the same lot, (2) In the oAso of group houses or oourt apartmerits, when buildings rear upon the side yard, the width of the aide yard ,f shall be inoroaaed by one foot par eaoh building or apartment abut4ng thoroon, If any stairway open onto or is served by suoh aide yard, the minimum width of suoh side yard shall be ton (10) feet, The width of a plaoe or oouvt shal) ' be not loss I.ban forty (40) feet measured j i ^i Mw between buildings or from buildings to the opposite property line, provided that open or unenclosed porches may pro- jeot into the required place or court not more than twenty (20) percent of the width of such place or aourt:, All other voouirements inoludirg front, side or ro(tr yards shall be complied with in nooordanoe with the district in which group houses or court apartments are located, (3) wary part of a required yard or court shall be open from its lowest point to the alcy unobstructed except for the ordi. nary projections of sills, belt courses, oornioes, eto,l provided, however, the above projections shall not extend into a court mor^ than twenty-;four (24) inches nor into a minimum side yard more than s twenty-four (21I) inches, (4) Tho sido and front yard requirements for dwellings shall be waived where dwellings are erected above stores and shops, (5) On oorner lots tho side yard regulations i shall be the same as for interior except I f in the case of sido street or reversed frontage (where corner lot faces an inter- secting street) in which case there shall also be a side yard on the street aide equal to the front yard on the lots in the rear. No accessory building on said corner shall project beyond the front yard line on the lots in the rear. This 1 regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of passage of this ordinance to less than twenty-eight I (28) teat, nor to prohibit the ero0tion E of an accessory building where the regu« j lation cannot be reasonably oonpliod with, I (f) Lot 1,,,ra a On any lot held under separate district owner- ship from adfoining lots at the time of passage i of this ordinance, auoh separately owned prop- arty being of record at the time, a single S family dwelling may be erected even though the lot be of less area than required by the regu• lations relating to lot area in the District in which it is located) provided, however, that in any event the combined area of the dwelling and aooescory building shall not s cover more than fo;,%tyy (40) percent of the total area of the lot, i 7 y 0 M H a ct (6 O q q ch W O 1 1 hhl d F°' ZS' 1 ii Ol ' N J w ro C~ NQ 1t O (Dm N N h3 f~ HO W dd N N H H W, d a C fd L7 pf I y toy p h 0-+ 04 09 h• N O H CiA i s tl w Oq di m N b t7 ~J 7 ct 17 N ct to (-P C'1 J N ct 0 y N (p N f70 rdrJ (U to P. 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(Hv -all ON t µg° { 94 w Vtila-w N w s` a a LL o 0 A I I Ak (o) Pavia Re uirainentey,,G„au Par ing Areas, and (1) xn the "LR" - Local Retail Distrto tp the "LB" . Local Business Distriot the "F+"' 0 Business Distxiat, the "Ll" « Light Inv, duotrial Distriot, and the "J(l[" » Heavy lnduatrial District open parking k"ka and berths $hall 'oc paved with a dust proof or hard surfaoe meetingg the standard specifications of t4a city of Deslton, Texas, for such areas. (2) o roups of uses requirin vehicle parking space ma join in eatalltshiag parking areas with total, capacity aaggggzr~eegating that required for eaeh participating use. Vehicle parkin space requirem, nts *0 Loading and unloading space requirements shall not apply to a block fifty (50%) Occupied or business the area of or ndaetri iaaloh raaar struoture,i at the time of passage of Part it of this 0hapter, (d) Baeeial~B~~xo~~err.ions for Vehicle Off-St, re In order to most requir•ments for vehicle off-street parkin space, where such space is not available on the property ooouppled b Waal bualiness or industrial, use, in a PER" RO WU Distriot, "Lti" - Local Business Die" triot "Bit « Business Distriot, "i,I" - Light indus6tal District, or "Hi" - heavy lnduotrial Distriotij the Hoard of A3,iustewnt may, after conferring with and reoeiving a favorable report from the planning and Zoning Commission on a proposal and, Surther, after public notice and hearing, grant a permit for the establishment of an offostrest parking area, so an auxiliary use on a lot or lots in the "H"* "D", "A-1 or hA-2" - Dwelling Districts, provided that the entire area for the off- streot parking area is within five hundred (PO) feet of tho busineia or industrial use property involved and ,rhea the proposed area adjoins or is aoross An alley from said use in a "GR" - Looal Retail District, "LB" - Local Husinsms District, "p" Business Dis- triot, "LX" - Light industrial Distriot, or "Hx" - Rosy y Industrial District or, in the case of x church or place of aong"gatlon of people or automobiles in a Dwelling Distriot, im,nbdiately' adjacent to such 6hurdh or place of congregation, and provided thatt (1) there shall be no sales, dead storage, repair work, dismantling or servicing df any kind in said parking, area= (2) totranceslotiatioAondbyexitthesPlanning$hall 00"issivhl (3) no parking shall bo pormitted betsteen the frart lard line and the front tat line as established for the dwelling* coned property. except for approved entrances and exits, a masonry wall not more than five (,5) feov in height and not lees than four (1~) foot in height and not less than six inches in thiokness 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 ersoted,, such wall shall oonform to the required front yard line, the lot shall be paved with a dustproof or hard surface mesting the standard specifications of the Oityi (6) no advertising signs may be erected upon Buoh lot, but signs may be ereoted upon eaoh 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 shall not extend more than ten (10) feet in overall height above the ground. n (7) lighting faoilities, if provided, shall be so arranged as to be refleeted away w from dwelling-zoned or used property, y ARTIOLB 13,24 CONDITIONAL USE PHRM1T5 (a) Conditional Las Permits Aa+hoorized The uses listed or -referred to in Articles 13, 1M , 13.ll(b~, 13.15(b), 13,16(b), 13,17 h , 13.1 (b 13.19 b , 13,20 b and 13.2' o may be authorized or permitted in the j.,idioated Distriots by Conditional Use Permits whioh may be granted, upon applioa- Lion to the Board of Adjustment, in the I manner hereinafter denoribed in this Article, (b) Application and Procedure (1) Upon receipt of an application for a Oonditionkl Use Per,111A, by the "Hoard of Adjustment, Buoh application shah, be referred to the Planning and Zoning Oommission for investigation as io the sffW of the proposed location and character of the oonditional use on the Master City Plan for the City of Denton, (2) The Planning and zoning Oommiesicn shall report the results of its study of said application to the Board of Ad ustment, and, if such report is favorable toward the application, the Board of Adjustment mayp after public notice and hearing aooordingg to law, grant Buoh Conditional Ure Permit, l,naluding therein such apsoifio conditions of use as the Planning And zoning Commission may doom essential to preserve the intogrily' of the Master 03ty plan, and Buoh additional opecial conditions an the Board of Adjustment may deem essential to protect neighboring property. (3) No Conditional Use Permit shall be granted by the Board of Adjustment unless a favorable report thereon has been re- oeived from the Planning and Zoning Com- mission, and unless the Beard shall, find from the evidence presented that s+ioh conditional user (i) is oonsiatant with the spirit, pur- pose and intent of Parts II and III of this Chapter= (ii) will not substantial) and permanent- ly injure the appropriate use of neighboring propertyj and (iii) will substantially serve the publto convenience and welfare, (c) Violation ation~of donditiona 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 constiW A) a violation of this Articles and any such violation shall be punishable as provided in Article 13, a (d) Disoontinuanoo of Conditional Use Upon the discontinuance of a conditional use on any pro art , the regulations applicable to the DiXio in whioh such property is located shall apply as if such permit had not boon granted, (e) Planned Residential vevolo~ments % The authorization of a Planned Residential Development, as described in Article 13.13 (b) (19) shall be subject to the following additional oonditiondx (1) dThe rert of the ommiesion t6 the Boaord of Adjustment shall be in writing and shall include I the finding as to whether the oposed development is consistent with to Master " Cit Plan of the City of Denton, In addition, the applicant may be required to matte suoh dedications of land and utilities for public use in aooordanoe with the olioies and control ordinances of the di y governing he same and may be roquired to restriot certain areas of the development perpetually (or for the duration of the development) as open apace for common use. The development as auth- orized shall be subject to all conditions so imposed and shall be axoap4 d from other provisions of this ordinance only *o the oxtent specified in tho authorization, (2) oThe vora111development planashowingithebusen or uses dimensions and locations of prow posed etxoots, parks, playgrounds, school sites, and other open spaces, with such other pertinent information as may be necessary to dotermino whether the con- templated arrangement or use makes it ,f n'1 desirable, to apply re lations and re- quirements differing from those ordinarily applioable. Tho applioant shall obtain written oomments on the proposed develop- ment from the Publio Works Department, Fire Department, Health and 7anitation Department, Building lospeotor, Parka and Reoreation Department and Postmaster and submit theso with the applioation, i The traot or paroel of land involved must be either in one ownership or the subjeot of an applioation Mod jointly by the owners of all the property inoluded (the holder of a written option to purohase land and a redevelopper under oontraot with the Oity's offioial redevelopment agenoy to aoquire land by purohaae or lease shall, for purposes of suoh appli- y nation, be deemed to be an owner of suoh land) or by anv~ governmental agenoy in. oluding the 01 yts redevelopment agenoy, The site must inolude an area of a least s three (,3 aoeas or be bounded on all sides b;1 s+res s publie open spaoes or the boundaryy lanes of less restrio~ive use distriots, The application may inelude a proposed subsequent division of the in- 5 volved traot or paroel of land into one 9 or more separately owned and operi~ted 6 units. Suoh proposed subsequent division, ~ if approved along with the planned de: velopment, shall be permissible without further approval; otherwise any subse- quent division of the planned development shall be permitted only upon applioation to the Board of Adjustment as provided in this Artiole, The proposed planned development must be designed to produoe an environment of stable and desirable character not out of harmony with its surrounding neighbor hood, and must provide open spaoe and off-street parking ,taoilities for the oooupanoy proposed. The proposed develop. ment must provide fo;, park and recreation areas to satisfy the needs of the area's antioipated population as speoified or recommended in the Master Oity Plan. {5) p oonditional use of this oategory may oontain oommeroial and professional uses as an integral part of a planned resi. dential dovelopment. -However, suoh use shall be plann,9d and based upon the re- dentsd and servioa and employoes c working n with,, algir though not reside,nte of, the planned residential development, and shaft be authorized only to the extent that suoh uses are not available to the reniden+s in olose, proximity of the planned devel- opment, (6) Upon the abandonment of any partioular planned residential development project authorized under this subseotion or upon the expiration of the time limit that may have boon not by the Board of i Adjustment, as reoommended by the Planning and 2cning Commission, for oompletion of the proSoot (unless oommenoed and an ex- tension of time for ooo lotion has been granted), the authorization shall expire and the land and strunturos upon the site may be used without euoh approval for any other lawful purpose permitted within the zoning distriot in whioh the planned reel- de+ntial development in question is loosted. ARTIOLE 13,25 ZONING OF N'EWLY ANNEXED TERRITORY All territory hereafter annexed to the City of Dan- ton Texas, shall be olasoified as 1IR" - Dwellin Distriot proporty until permanently zoned under fhe provisions of Part 11 of this Chapter, The Planning and Zoning Commission shall, as soon as praotioable after the annexation of any territory to the City, institute proooodings on its own motion to perma- nently zone euoh newly annexed territory, and the planning and Zonin Commission shall make a written rooommondation to ~hs City Counoil as to the proper i zoning for suoh territory, The prooodure to be followed for the permanent zoning of newly annexed € territory shall bo the same as in provided by law for zoning ohanges, I ARTIOLE 13,26 NON-CONFORMING USES (a) Existinu Uses. Any use of property existing at the time of thepassage of part 11 of this Chapter whioh y does nob oonform to the regulations prenoribed in the preoeeding Artioles of Part 11 of this Chapter shall be doomed & non-oonforming use,. j (b) Alteration of Existing ProperltX i (1) The lawful use of a building at the time of the passage of part TI of this Chapter ma be oontinued althou suoh use. does nol oonform to the provisions of Part II of this Chapter; and any euoh use may be f extended throughout the building provided no struebural alteration exoept those required by law or ordinanoe are made therein. " (2) if no oti+uotural alterations are made, a non-oonforming use of a buildingg may bo ohsnged to another r.onwoonforming uto of the same or a more rostrioted olpssi- fioationj provided, however, that in the event a non-oonforming use of a building is ones ohanged to a non-oonforming use t of a higher or more restrioted olassifi- oation, it shall not later be ohanged to a lower or lose redbrioted olassifi- oation, I l: (3) If euoh non-oonforming building is re- moved, ovory future use of the land or premises shall be in oonformity of the provisions of fart 11 of this Chapter, - 44 - 'O'h 0`h (o) Restoration of Damaged Property Nothing in Part 11 of this Ohapter 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 thereof, which existed c At building dtime o of part partial destruction, (d) Re u ation of Non-donform~ Uses The right to continue a non-oonforming use shall be subjoot to such regulations as to maintenance of the premises and oonditione r of o oration as may, at the disoration of of he Hoard of Adjustment, be reasonably required for the protection of adjacent pro- party, A non-oonforming use, when abandoned or discontinued, shall not be resumed. For f the purposes of this Article, abandonment or discontinuance shall be designed as followai I (1) when land being used for a non-oonforming j use without a building or structure shall oease 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 cease to be used in a bona lido manner as a non•oonformin use for a continuous period of twenty-four (24) consecutive calendar monthal (3) when a building or structure is designed arranged for conforming use and shall oeasse to be used inabona fide ( manner as a legal non-oonforming use ! for a period' of twelve (12) consecutive oalendar months, ! The Boi,H of Adjustment shall have the author. 1 ity, up:;n substantial hardship, to extend the above limits not to exceed six (6) months. A Certificate of 'Occupancy shall be issued rll for all legal non-oonforming uses. ARl'TUL4 13.27 ZONING MAP DESIGNATIONS i (a) Distances and Soale V. j (1) When definite distances in feet are not shown on theZoning Map, the District boundaries of the Zoning Map are intended to be alongg existing street, allay, or property linas or extensions of or from Lha same. (2) When the looation of the District line is not otherwise determined, it shall be ; doter.minod by the soalo of tho map nteasurod 3 from a given line, (b) Varying Ground Measure on Where tho street lay-out actually on the ground varies from the street lay-out; as shown on the Zoning Map, the Board of A0juatment may apply the designations shown on the mapped streets in suoh a way as to oarry out the intent and purpose of the plan for the partioular area in question $ ARTICLE 13.28 OOMPUTION OF EXISTING BUILDINOS (a) Const , ru~ot„ion Nothing herein shall require an ohange in the plans oonstruotion, or designated use of a building aetually under oonsCuotion at the time of the passage of Part 11 of this Ohaptor$ and whiah entire building shall be oompToted within one year from the dato of the passage t of Part 11 of this Chapter, s (b) Change Nothing herein oontained shall require any ahange in lane, oonstruotion, or designated use of building for whioh a building permit has heretofore been issued, and whioh entire building shall be oomplered within six (6) months from the date of the passage of Part 11 of this Chapter, (a) Putur-e Changes If an amendment b Part 11 of this Chapter is hereafter adopted, ohanging the boundaries of distriots, the provisions of Part 11 of' f this Chapter with regard to buildings or premises existing or buildings under son- struetion, or building permits issued at the time of the passage of Part II of this Chapter shall apply to buildings or premi.es existing, or buildings under oonstruotion, or building permits issued in the area affeoted by such amendment, at the time of the passage of suoh amendment. i j AATIOLE 13,29 MFOROENItM f (a) JtAilding Ins eotor The provisions of Part 11 of this Chapter shall be administered by the Building Inspeotor of the Oity of Denton, Texas. is (b) ILA to All applioations for building permits shall be aooompanied by a plat in duplioote, drawn to Seale showing the aotual dimensions of the lot ;o be built upon, the size of the building to be erected, and its position on the lot, and suoh other loformRtion as may t be neoessary to provide for the enforoement of these regulations, (o) noo A oareful reoord of' suoh applioations and plate shall be maintained by the Building Inspootor. ARTIOLP 13,30 rNPOROEMENT IN'TPRPRR`JN210N (a) Ueos Prohibited by Other Ordinances Nothing in t'hls ordinance shall be oonstrued as repealing any existing ordinance of the City regulating nuisances or permitting uses which are now prohibited by ordinance, (b) Acted Rosbriotions No provision or applioation of Part II of this Ohapter shall be oonstrued as stfd oting in any manner the rights of individual property owners to privately enforce doed restrictions upon the use of any property zoned U,ndor the ` terms of this ordinance if such restrictions are of higher or more restriotive olassirioa- tion than the provisions contained heroin. ARTICLE 13, 31. Ct RTIPWAT8 OP OCCUPANCY AND COMPLIANCE y (a) Certificate Re ucired , No existing building and/or no building here- after ereoted or structurally altered shall be used, occupied or changed in use until a Certificate of Occupancy and Compliance shall have been isaund by the Building Inspector stating that the building or proposed use of a building or premises complies with the build- ing laws and the provisions of those regula- tions. (b) Application for Oartitioato (1) Certificates of Oooupanoy and Complianoe shall be applied for coincident with the application for -a building ermit and after the shall erection issued or structural &Iteration of a such buildings shall have been completed in conformity with the provisions of these regulations, I (2) A record of all certificates shall be kept on file in the office oi' the Building In- spector, and copies shall be furnished on request to any person having a pro- prietory or tenancy interest in the build- ing affected. (o) Application Required No permit for excavation for any building shall be issued before application has been made for a Certificate of Occupancy and Com- plianoo, ' ARTICLE 13,32 CRAMS AND AKMDMSN'P5 (a) Authorit to Amami, The OltqOcuncil may from time to time on its own mo lon, or on petition of an interested property owner or owners, amend, supplement or ohanggs by ordinance the boundaries oP the Districts or the regulations herein established. (b) Ml,e t i,~ i,ion.1 ) e_s Each and every petition to the City Oouncil as provided in subsection (a) of Phis Ar.tiofe, shall be filed with the City Secretary prior to being presented to the City Council, and shall be acoompanicd byy a fee of Thirty-fivo Dollars ($35.00), paysUl.e to the City of Denton, Texas, no part of which shall be returnable regardless of the action taken on the petition, (o) Referral at to Piannin,h and Zoning 0ommi.asion Before taking any action on any proposed aaend- ment, supplement or change, the City Council shall submit the same to the Planning recand Zniion Commission for its publio hearing, and report, (d) Ptitblio Hearing, and Noti a (1) A public hearing shall be held by the City Council before adopting any such amendment, supplement or change, i; (2) Notice of such hearing shall be given in the manner proscribed by law, stating the time and place of such hearingg, which time shall not be earlier than fifteen (15) days from the first date of publio~%tion. (e) Amendment'. Ovsr PrOtOdt j Unless suoh proposed amendment, supplement or change has boon approved by the Planningg and Zoning Commission, or if a protest against such proposed amendment, supplement or change,, has been filed with the City Seoretary, duly signed and acknowledged byyhe owners of twenty (2C) per cent or more'eithor of the area or the lots inoluded in such proposed changes or those immediately adaoent in the rear thereof extend- ing two hundre (204) feet therefrom or of those directly opposite thermto extending two hundred (200) feet from the street frontage of such r opposite lots,' such amendment supplement, or change shall not become effective except by a three-fourths (3A) vote of all the members of the pity Council. ARTYOLV 13.33 HOARD OF AD.TUSTt+PNT (a) Ap22ointment and ual,yloation The Hoard of Adjustment shall be appointed and r qualified in accordance with Section 10,07(x), of the Charter of the City of Denton, Texas, (b) Powers General The Hoard of Adjustment may, in Rppropriate oases and subject to appropriate conditions and safeguards, make special exoept.ions to the terms of Part 11 of this Chapter in harmony with the general purpose and intent herein expressed and in atoordanoe w1th the general or specific rules herein contained. (o) Rules The Hoard of Adjustment may adopt rules governing its proooodi.ngs; provided, however, that such rules are not inconsistent with any provision of Part 11 of thin Chapter, AAA (d) Ieooi.f„to Powers of tho Board of Adjustment Tho Hoard of Adjustment shall have the following powers% (1) to hoar and decide appeals where it is alleged there is error in any order, re- quirement, deoision, or determination made by an administratl,ve orfioial of the Oity of Donton in the enforcement of tho provisions of Part II of this Chapter; (2) to hear and decide special exoepttons to the terms of Part II of this Ohaptdr upon which the Board is required to pass under the provisions of Part XT of this Chapter; and to authorise upon appeal in speoif io oases such variance from the terms of Part II of this Chapter as W11 not be contrary l to the publio interest, where, owing to special conditions, a literal anforsement of the provisions of Part II of this Chapter will result in upneoeseary hardship, and so that the spirit of Part II of this Chapter l shall be observed and substantial justice done. . j (e) Spooial Exceptions The Board of Adjustment ma-y,as Special Exceptions to the regulations oatablished in Part II of this Chapter,t (1) grant Oonditional Use Permits in tho manner specified in Artiole 13.211; (2) permit the reoonstruotion of a building oooupied by a non-oonforming use, or permit the extension of a non-oonforming use of a is building u on the lot occupied by suoh building a the time of the ado ion of this Artiolel provided, however, tha no such Special Exception shall be granted after a eriod of twelve (12) months from tho adop- ion of this Artiole) F (3) ermit in any district such modification of he requirements applicable to the said district as the Hoard of Adjustment may aotm necessary to secure an appropriate develop- ment of a lot where adjacent to such lot on i two or more sides there are buildings which . do not conform to suoh regulations; ' i' (l}) permit much modification of the yard and open space or lot area or lot width regu- lations as may be deemed necessary to secure an appropriate, improvement of a paroel of land where auoh paroel of land was separately owned or was subdi.vidod prior to the effective date of the provisions of Part 11 of this Chapter and wharo the granting of such appli- cation would not work an undue hardship on the landowners in the neighborhood and would not cause an undue firs hazard and would not materially or adversely affect public health, and where the refusal of the application would work an undue and unjust hardship on the ap- nlioant; the term "subdivided" Lis usod in thin subnootion shall mcar, such property as r` ~i shall have boon divided into lots by separate deeds, rooordod plats or maps showing the size and location oi' eaoh lot, or by boing seFarately rondored for taxation with the al iy Tax Assessor-Colleotorl or (5) permit the extension of a building, existing at tho time of the effective date of the provisions of Part 11 of this Chaj.,terI byy the oonstruotion of additional stories above the heigh{l lirait established for the district in whioh such building is loeatod, if the original plans provided fox suoh additional etorion and such building was aotually de- signed and oonstruoted to carry such addi- tional stories, ART ICLE 13,34 PENALTY "TOR VIOLATION Any person, assooiation of persona, firm or oarporation violating any of the provisions of Part 11 of this Chapter, or railing to comply f therewith o:^ with an of the requirements there- of, or buildiog or al ering any bui?,ding or structure in violation of any detailed statement or plan submif,tod and approved hereunder, shall be guilty of P. misdemeanor and, upon oonvietion, shall bo fined any sum not less than Wive Dollars ($5,00) nor more than Two Hundred Dollars ($200,00), and each day any such violation continues shall constitute a separate offense, y { (b) rersons Responsible for Violations The owner or owners of any building, struoturo or promises, or part thereof, where anything in violation of Parr 11 of this Chapter shall be r;. placed or shall exist, and any arohifect, builder, oontractor, agent, parson, firm or oorporation employed in connection therewith and who assisted in the commission of any such violation shall eaoh be guilty of a separate offense, arid, upon oonviotion thereof, shall be'finod as provided in subsection (a) of this Article, 9f 1014 2. That all ordinances or parts of ordinances in force { when the provisions of this ordinance booome effective whioh are in- oonsistent or in oonflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such confliot. i SHOT12N.3. That if any Section, Article, paragraph, sentenoo, r1 !i clause or phrase contained in this ordinance, or if the application thereof to any person or oiroumstarioes, is hold invalid by a court ► x of oompotent jurisdiction, such invalidity shall not affed4A any other provisions or application of this ordinanoo which can be given offeol, without the invalid provision or application, and the provisions of this ordinance are hereby declared to be severable. SHOD N That a descriptive caption of.' this ordi.nanne stating in summary the purpose of 'this ordinanoe anti the ponalty for violation hereof shall be published twice in tho Denton itooord-Ohronf.o.le within ton (10) days after the final passago hereof, E xYON That this ordinanoe shall heoomo effootive fourteen (11~) days from the date of its final passage, PAS-UZ AND FINALLY APPROVED this day of AX. 1961, mayor City of Denton, Texas ATTEaT p or~~ry 3, city of Denton, Texas APPROVED AS TO .LHOAL YORMt 21'£~rnoy 01.ty of Denton, Texas ;i 4, it Fi f } r i { r a1 rl . i i i \ ID I w 1 } i 0 F j j I FILE v i,c ,f h