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HomeMy WebLinkAbout4463 t, n I, f= f I i f I 1 l I ~ S I 1y I I Al, tEa. ~ ~ \ r f ' ~ i e„1 It wMljf: ~ 1N~k reA b~ , , yi1 Y, 1 xR, ~ ~ ' , ~ , v` k { if. 4 'te ' I d 4 ~.l ~ i Vii ~ ~~'1.' r j S V t'1 n ~ir ` rrt, i~ H~, h JY 4~ v~ tL~ ''til i~~; :~j~ ~ i rF r kra~►c NOYC~S a~` ~s11 b 4 2 , h i t{ r t j I, A 1 ,~df y ' .YttEav,! I NOTICE OF PUBLIC HEARING f j 1 N l 'r I t ' i The Planning and Zoning Commission has prepared a pre- liminary report containing and recommending the adoption of j a new comprehensive zoning ordinance for the City of Denton, j Texas, This report, and the full text of the new proposed ordinance, were published in the legal Notice Soction of the j i Dent" Rooord-Chronicle, issue of, Please be advised and take notice that the Planning and Zoning Commission of the City of Denton, Taxes, will hold a public hearing on the aforesaid preliminary report and pro- posed zoning ordinance on at in the Municipal Building of said City, before subrAtting its final report to the City Council of the City of Denton, Texas, Your property, described above, is zoned in the I District under the present ordinance and is proposed for the District under the proposed ordinance. Very truly Ayours, W, D. Buttrill r City Secretary f City of Denton, Texas i, , ORDINANCE NO. 2 AN ORDINANCE AMENDING AND SUPPLANTING ARTICZZO 13,10 THROUGH 13,29 INCLUSIVE OF TO CODE of oRDINANCES of THE CITY OF DWON TEXA,~ BY THE ADOMION OF A NEW AND OOMPREHENS;NE ZQNik ORDIWOE FIVABLISHIN'G ZONING DIS• TRICTS REGt1WING THE. RSTGH'T AND SIZN OF VILDINOS AND OTHER Alma URBS AND THE PERCENI`AGE OF LOT AREA TEAT MAY HE OCOUPIED THE SIZES OF YARDS AND OTHER OPEN ~ SPACES THE DENArrY OP POPULATION, THE LOCATION AND USES OP BUILDINGS, STRUCTURES AND LAND FOR TRADE IN- DUSTRY OOMMEAOE, R''SIDENOE OR OTHER PURPOSES W THE CONSTRUCTION ORL LAND TWIT R&PAIR Ok USE OF SUIT,DfNO3 5THUOT kXX \SUCH DISTRICTS; PROVIDING hK Opp-VRW PARKING; A- MENDING CHAPTER 13 PART III OF THE CODE OF ORDINANCES OF THS CITY OF DENION TEXAS BY ADOPTING A ZONING MAP :a SHOWING THE ACTUAL LOCATION bF SUCH DISTRICTS; PROVIDING M HM$ OF ENFORO NT FOR OERTIFIOATES OF OCCUPANCY AND 00SKIANOS FOR METHODS OF INTERPRETATION OF THE ORD%" N 03l DVINING CERTAIN YIORDS, 1'ROVIDINQ FOR A BQ& OF.A2yJUtINUT; PROVIDING PENALTIES FOR VIOLATIONS) P ! ' PRO» . VIAING FOR ANVORMS AND ORANGES IN THE TERMS OF 1'.0 ORDINA10E1 PJMMINp OONFLIOTING ORDINANCES~~~;i PROVIDING A SAVINGS CLAUSE) AND VZOLARING AN EPPEOTIVE MR. THE COUNCIL OF THE CITY OY DBNTON HEREBY ORDAINSt ' a 4~ 1I,4w That Articled 13.10 through 13,291 inclusive, of she Code of Ordinances of the City of Denton, Texas, are } hereby amended and supplanted, for the purpose of adopting a new and comprehensive coning ordinance for the City of Denton, Texas,, whioh sha11 hereafter read as follows, to wit!. f ART OLIO 13,10 DEFINITIONS Oartain words in Part II of this Chapter are de- fioad for the purpose hereof as follouse (a) or s (1.) Words used in the present tense include the future. (2) Words in the sing++:ar number include the plural number, and words in the plural number include the singular, (3) The word "building" includes the ward "structure" the wordy "lot" inoludos the word Opiot", a~ (I{} The word "shall" is mandatory and not diruntaxy, (b) Aoae Z B d 'r The word l'aoosssory" means a subordinate use or building oustourii~r incident to cad 10- oAted on the lot oooupiad by the main use of building, ' i' rye 116Vi9,yMm.. An alley is a way which extends only secondary meana of acosss to abutting property, (d) AgjLr nt An apartment means a roost or suite of rooms in an apartment house or tenament arranged, desiggned, or oooupiod as the residence of a singgle family, individ+ial or group of in. ' dividuals, (a) Agartment House An apartment house is a building or portion thereof arranged, designed or oooupied bar three or more families living independently of each other, (f) j,~„1 d i H :e A boarding house is a building other than a. hotel whore lodging and meals for five or more persona are served for compensation, ,j fg) to ome Lo -g Ratite t4 oustomary home oooupation Is an oooupation customarily oarried on in the haws by a mon- f bar of the ooou antoo family without structural alterations in the building or any of its rooms,' without the installation of maohine q or addi- tional e¢uipownt other than that customary to nor,:ral household operation, without the employ- went of additional persons, without the sae of l a sigh to advertise the oooupation, and whiob does not cameo the generation of noise, dis- turbanco or additional traffic in the street, h. (h~?4vt or at 3 Ths depth of lot shall be calculated aM the Lean horizontal distance between the front and rear lot lines, (i) DOP h of ear_, ,rd The depth of rear yard shall be calculated as t,* sssv horizontal distance between the rear line of a building other than an aoosaaory ~ bu:.lding and the center line of the alley where ~ an Alley e:tiets, otherwise the rear lot line. A distviat shall. mean a section of the City of Denton nor which the regulations governing the areas, hotght, or uses of buildings are uniform, (k) U011 Io r ti e A multiply dwelling is a building used or de- signed as 0 residence for three or more families or households living independently of each other, 10 P.,. A one-family dwelling is a detoohed building having aooommodwtions for and oooupied by only one family, (m) Awel7lose, Two.-Pamil A two-family dwelling is a detaohod building having separate aooommodations for and ooou- pied as, or to be oooupied as a duelling for only two families, (n) Dwoll i as ..,,Group House group house dwellings area dotaohed or semi- detaohed dwellinggs built on one (1) lob, usuatly in opposing rows sksparated by a walkway or oourt, (o) anvil A family is one or more non-transient persons living to a single, non-profit h,oussksoping unit, as distinguished from a group ooeupying a olub, boarding, lodging or rooming house, or t a fraternity, dororiby or group student kiouse, Frate rnit-zi gorgity or...^,Lou u tr. !~tr..ur ° A building ooou iod by and maintained ex elusively for otudento affiliated with an j aoadomio or professional, oolleggo or university, andrwhoooognregulatedizod (q) Proot Y'Ftrd A front yard is an open and unoaoupied spaoe on the same lot with a building, between the building and tho property line extending aoross he front of the ot. (r) aarape, Private A Ivatn garage is a garage with oapaoity for nob more than ive (5) motor-driven vehioles for storage only and for private use, i (s) aargxo. 1blio A publio garage is any premises not a private ;E! garage, as defined above, used for housing of more than three (3) motor-driven vehioles or where anyy vehioles are repaired for operation, or kept for remuneratioin, hire or sale, (b) garage. .Atora..g,P, A storage garage is any prom,Lses, e:xoept those defined as a private or purblio garage used exolusively for the stor age of automobiles, (u) G a UO 'She gross Tloor area of an apartment house shall be measured by taking; outside dimensions of the sl4rtu nt building at soon floor level, exoludi.ng„ houever the floor area of basso Monts or attios not used for residenos purpo0464 1 ~L OIA He jg~ht (1) The height of a building o1.k portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level if highw or if no street grade has been established, to the higboat point of the roof's surface if a flat surface to the deok line of mansard roofs, and to the mean height level between saves and ridge for hip or gable roofs, (2) In measuring the height of a building, the following s ruotures shall bo sxoludedi chimneys, cooling towers, radio towers, ornamental cupolas, domes or spires, elevator bulkheads, penthouaea, tanks, water towers and pars pot walls not ex- oeeding four feet in height, (w) 1 A hotel is a building; occupied as a mare or less temporary abiding place of individuals i who are lodged with or without w als, is whioh, as r. rulo, the rooms are occupied singly for hire in which provision is not made for cook- ing 1n any individual apartment, and in which there are more than 12 sleeping rooms, a public dining room for the aooommodation of more than 12 gunsbs, and general kitchen, t; (x) Instit_uti r~ n An institution is a building or buildings occupied by a nonprofit organization or, 'i corporation, or any non-profit establishment for such use. A kindergarten is a school for more than six children of pre-sohool age in which oonstruaw tivs endeavors, object lessons or helpful games are prominent features of the curriculum. (a) Lodging Uoulo. A lodging house is a buAlding other than a hotel where lodging for five or more persons is provided for oompensation. (rya) Lot (1) A lot is land occupied or to be occupied by a building or its aoeessory buildings, and including such open's cos as are required under Dart 11 of this dhaptsr, and having its original frontage upon a public street or o fioially approved plaos, (2) A fractional lot is a portion of a lot that has bean out off a corner lot, having the side line of an adjaoent lot as its rear line, and the rear line of the re- mainder of the corner lot as a side line, (3) A front lot line is the ownership line of an interior lot which is adjacent to the street; on corner lots a front lot i rr~rrrr~a■ line is the prolongation of the front ownership line of ad aoanb interior ).ota as originally platte , (4) An interior lot to a lot other than a corner lot, A througgh lot Is a lot having frontage on two (o?) parallel, or approximately parallel streets, (bb) 7Lot~;rl.Oo rper A corner lot is a lot situated at the 3unotion of two or more streets and having a width of no greater t'hvn 100 feet, (oa) Lat Linea Lot linen are the property ownership lines bovndl.ng a lot, as defined herein, i (dd) Notels, Tourist Courts A motel or tourist court is a building or group of buildings designed, arranged or used for terVorary occupancy having accommodations for horsing or parking automobiles U close proxi- m1t7 to the quarters occupied by the owner of such automobiles and providing for three (3) or i more of such quarters, (ee) ggn-Oonfarming Use V on-conforming use moans a building or pre. mines oooupiid by a use that doer not conform { to the regulations of the district in which it is situated, AI A children's nursery is a place where more l than mix children are left for k~ars, 4 (Fell) Gpon„9rKne. The terse open space weans the area included in any rids, rear or front yard or any unoocuried space on a lot tnat is open and unobstruoted to the sky, except for the ordinary projection of oorntoss, saves or porches, (hh) _e son r, The term "person" when used in Part Ir of this dhapter shall mean nny natural person lassooia- tion of persons, artn0,rsh,ip, a0rpcr aU or sooietyl and the term "person" shall include, both singular and plural and shall lnaiude the feminine and masoulins gender, (ii) lace i { A place is an open unoooupied space on the lot that is open and unobstruatbd to Wo sky re- served for the purpose of &00066 to abutting property, 3 (aJ) r$,wi...k-two Q1Mk s A private club is any building, and related grounds, used for social or recreational pur- poems and awned and'oporatod by A private M ~ 1 non-profit institution or organisation for use of its members, from which the general publio is exoluded, and where no activities are carried on for profit, i (kk ea and A rear yard is a space unoooupied except by a building of aeoessory use as herni,n perm witted, extending the full width of the lot between a building other than a building of aooessory use and the rear lot line, j (11) S3everaed Frontage i The term rovorsed fro,bage means a portion of a corner lot fronting the street whioh was originally platted as a side street, (mm) Side Yard (1) A side yard is an open unoooupiod space on the same lot with a building situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear line of the lot, (2) Any lot line not a rear line or a front line shall be deemad a side line, (nn) Stab,las, private A private stable is a stable with a capacity for not more than tour horses, mules or other Momebtio animals. . (ou) t blee ru lio A public stable is a stable with a oapaoity a for more than four horses, mules or other domestio animals, (pp) StOrY A story is that portion of a building included between the surface of any floor and the sury face of the floor next above iti-or, if there be no floor above it, the space between such floor and the oeiling next above it, (aa) .Story, L A half story is a story under a gable, hip or gambrel roof, the wall plates of which are on at least two (2) extevior walls not more than two foot above the front of such story, (rr) street The term street means any public thoroughfare dedioated to the public and not designated as an alley. (ss) t turarat o s struotural alter,itions arc anj~r change in the supporting mombors of a building suoh as bearing walls, oolumns, beams or girder's, «6 C,. (tt) Tr iler ark A trailer park is an area designed, arranged or used for the temporary mooupanoy by auto- mobile trailers and providing for one (1) or more of suoh quarters, whioh are ooou ipped or Intended for oooupanoyy as temporary living quarters by individutslo or families, (uu) Used Oar-Sun k. Arm The term used oar junk area meano an open area other than a street, alley or plaoe used for dismantling or wreaking used auto- mobiles, or for the storage, sale or damping of dismantled or wreoked oars or their parts, (vv) width of Side Yard The width of the side yard shall be oaloulated as the mean horizontal distanoe between a side wall of a building and the side line of the lot. A~xC~ 13.11 rux>yas~ (a) Comvrehenaive Plan The purpose of the regulations provided in parts II and IXx of this Chapter is to zone the entire City of Denton TexaA!, into dts- triots as prov des by Art~oJoe IUlla to and inoluding 101of ah.apter 4, Title 26 of the Revised Civil Statutes of the State of Texas, 1925, as anbnded, in aooordanoe with a oom- prehensive master plan for the purpose of pro- moting the health safaty, morals, and the F ggeneral welfare off' the general publio in the City of Denton, Texas. (b) They have been designed to (1) lessen oongastion in the streetaj (2) secure safety from fire, panic, and other dangers (3) provide adequate light and air; (4) prevent the overorowding of land; (5) avoid undue oonoentration of population; (6) faoilitite the adequate provisions of transportation, water sewerage, oohools, parka, and other publfo requirements, (0) 0 e i d t~9,,, ~.glL They have been made with reasonable oonsi,deraw E tion, among otho r things for the oharaoter of the distriot and for Its partioular autt- ability for partioular uses and with a view to aonserving the value of buildings and en- aouraging the moat appropriate use of the land throughout the City of Denton, Texas. AATxOY,g 13,12 DISTRICTS (a) The City of Denton Is hereby divided into nine (q) 0140061 of use diutriots, termed respeotive- lyx (1) i,Rrr w Dwelling Distri,ot, (2) "D" Dwelling Distrlet, (3) "A„lti Dwelling Dintriot, (4) "AM21' ~ Dwelling Dietriot. (5) tILR" . Looal Retail Distriot, (6) ttLB" - Looal Business Distriot, (7) iiBu Hu.3tn~ss Distriot, Light Industrial Dintriot, (9) "Hill - Heavy Industrial District, ARTIOLE 13.12A ZONING MAP OF THT, CITY Op DENTON, TEXAS, 19614 (a) As tablishment and Adopti f„- U The boundaries of the various dist0 tl sit. forth in Artiole 13.12 are hereby estabS,ished and ado tsd to the same are shown on the "Zoning Map of ~he city of Denton Texas", which is hereby adop ad as fart 17! of chapter 13 and whioh is hereby mads a art or Part 11 of this i Ohaptar as fully at if the sane) were let forth herein. The Zonin~ Map of the City of Denton, Texas, shall be an the same is hereby adopted r( in one original and three duplioate mope to be desi n4&ad by title aooordingly, each of which a shah bear the sisoatura of tthe Mayor and the 's attestation of the City seoretary for identifi- oation and authentloation, and tho same shall bear even date with the final passcoge of this ordinanos. (b) Use of zoning Mape_, (1) The Original Zoning Map of the City of Trenton, TOXall, 19611 sha11 be displayed the ofioo of the of Building of the rCity y in Denton, Texas, (2) One Auplioats Zoning Map of the aity of Denton, Texas, 1961, shall be displayed in the offios of the Director 'of Planning of she City of Denton, Texas, ti ,i (3) one Duplicate Zoning Map of the City of Denton, TeXas, 1961, shall be displa ad in the offioe of the Building InapccTor of the City of Denton, Texas, ' The remaining Ouplioate Zoning Map of the City of nenton, texas, 1961, shall be die- played In the City Oounoil meeting room for the t%oa and benefit of the publio, (o) t , th iSn a q t1he City of s on ~ (11 it shall be the duty of the Dirsotoi% oP Planning of the City of Denton, Texas, to kea,p the original and Duplicate Zoning Maps of the City of Dgnten, Texas, 1961r listed in Artiole 13.12A (b) (1) through and including Artiolo 13.12A (b) (4) up-to- date (%nd to indicate on the Said maps all ohanges, amendments, or additions to, and the Direotor of Planning shall note on oaoh suoh map the ordinanoe number and the date of passage of the ordinanoe authorizing si;oh such ohange or amendment, (2) In the event of a oonfliot t)tween the orig. inal Zoning trap of the pity of Denton, Texas, 1961, and any Duplioate Zoning Map of the City of Denton, Trxas, 1961 the original Zoning Map shall be oonolunively presumed to show the offioial boundaries of the die» trio+:s designated thereon, I AHTXOtA 13,128 REGULATIONS APPLICABLE TO ALI, DISTRIOTS + The following regulations shall apply to all Die- triots 1is"Hd in Artiolo 13,12, and as hereinafter defined in Part II of this Chaptort (a) Use„ No building or struoture shall be ereoted raised, moved plaosd, extonded, enlarged oonverted, con- struoted, reoonstruoted or structurally altered, exoept in oonformity with the regulations pre- soribed or designed to be used or oooupied for an, purposes other than permitted by these rogu- 1& one in the distriot in whioh euoh building, struoture or land is situated. (b) Kej No building or st,ruoture shall bn ereoted, raised, oonatruoted, Wended, enlarged, reoonstruoted or j struoturally altered so as to extend the height limLk established by Part II of this Chapter for tbj distriot in whioh euoh building or struoturs '.a situated, ( o ) A.. a, No lot shall be reduoed or diminished so that the yards or other open spaoss elskll he smaller than pramoribed by Part 11 of this Ohaptsr; nor shall the density of population be inoreased in any manner exoept in oonformity with the area regu- lations herein astabliehed, No side yard arsaa for a building shall be lnoluded as a part of the ;required areas of any other building, No parking Ares, parking spaos or loadin spaoe whioh oxints at the time these re lations be- come effeotive or whioh subeequon~thereto is provided for the purpose of complying with Part 11 of this Chapter shall thereafter be relinquish- ed or reduoud, in any manner below the ra quire- ments established by Part 11 of this Chapter; every building hereafter ereoted shall be looated on a lot an heroin defined and in no oa6a shall there be more than one building or use on one lot, oxoept as hereinafter provided, AM IOLE 13,13 "RIO ~ DWLLLINO DISTRICT The followin ro~u].ntiona shall apply in all nRu - Dwelling nisfric at d (a) Ile a_s_termitte_ (1) one family dwellings. (2 Publio parks play'gr+ounds, ohurohes, publio or denominational, sohools (elementary, 3unior high and high solroola), oolloges and un voro $I ion. f (3) Railway rights-of-way and tracks, passen- ger stations, but not including switch or storage yards or tex,m tracks, (4) Golf courses (excluding, however, minia- ture golf courses and driving ranges operated for commercial purposes), (5) Farms, truck gardens orchards or nurseries for the growing of plants, shrubs and tress, provided no rattail or wholesale sales so- tivities are conducted on the premises, and provided that no livestock or poultry other than houaehold pets shall be housed or re- tained within one hundred (100) feet of any property line. (6) Accessory buildingo, inoluding a private garage and servant quarters, when located riot less than eighty (80) feet from the front property line nor lees than six (6) foot from any other property line, provided that said accessory buildin a shall not occupy in excess of fifty (50) percent of the minimum required rear, yard in the case of a one-story building or forty (40) por- cent of the minimum required rear yard in the case of it two-story building. No such servant quarters, however, shall be leased or rented to anyone other then t,,o the family of a bona fide servant giving more then fifty (50) peroent of said servaht►s time to the family oooupying the premises to which the servant's house is an accessory buildinf. No accessory building in this distrio shall be used for oommoroial purposes (the term "nommeroial purposes" shall include part-time business). ('t) Customary home occupations. (8) Inatal.lati )ns of telephone companies, either p-ablioly or privately owned; fire stational sewalift stations, transformer stations, and transmission lines for all public utilities, either privately or publioly owned. (b) conditional Uses The following uses may be permitted in the "R'r - Dwelling Diatriot only under Oonditional Use Permits granted in the manes r specified in Artiolfl 3.241 (1) Airports or airoraCt landing fields and airport faoilibiea, r (2) 'tublio buildings for use by Oily, aounh,y, V nfo or Federal. Govornmunrs, (3) Medical and dental olinion, private sohools, f day nurseries and kindergartens on mites tt of Otis (1) aore or more: (4) Radio and tolovioion broadoastingg and trans- mittiin stations miorowavo or line"of-sight transm asion stations, arutio transformer and booster rotations, and other public utility nervioo upea when noaeomary duo to oporating roquiromanto. ~a.0- 4 (5) institutions of a religious, educational or philanthropic nature,. (6) Athletic stadiums; commercial amusement enterprises of a temporary nature such as oirouses carnivals, miniature golf ocursea, driving ranges, miniature train and pony rides, and rodeos; athletic fields, (7) Riding aoademies, public stables and t.raoks on Was of five (.K) acres or more, (8) Publicly or privately owned utility installations including water reservoirs, pump stations, water towers and artesian wells. (q) Private clubs and oommunity buildings owned and operated by nonprofit organi- zations on sites of throe (3) acres or more, (10) Mobile home parks'or trailer courts on sites of five (5) acres or more, (11) Hospitals, children's homes, rest homes, convalescent homes, and homes for the aged " on sites of five (5) aores or more. (12) Tomes for tha feeble minded or for the treatment of narcotic addiction, insanity or aloholiem on sites of twenty (20) aores or more, (13) Planned Residential Dovelopmsnty, (o) Area Reguireoj nts ' (1) fi one t Yj~r~--d- There shall be a front yard for 've struoture in the '~R" - Dwelling j bistriut having a,depth of not lose than twenty-five (25) feet trot the front prop- orty lino to t o face of hho building, No covered porch, covered torraoe, or attaohed accessory building shall project Into any required front yard spaos, G (2) Roar Yard There shall be a rear yard for e' ary structure in the 411 - Dwellin District whtoh shall hsve a depth of not lose than twenty-five (24) toot msasu.sd from the back of the structure to the rear property line; provided, however that where such rear hard abuts an alley the required rear yard may be measured From the center line of such alloy6 ' f3} Side Yards There shall be two (2) side s or each struoture in the "R" 1we111ng District, one on each side of ouch structure. No side yard shall be less than six (6) feet measured from the side property line to the side of the structure and no covered porch, cover- ed terrace or attaohed accessory building »1].» , shall projeot into any required side yard spaoe, Al required side yards shall be open and unobstruoted exoept for fenoss and for ordinary projeotions of sills, belt ooursee, oornioes, eto,j but in no oaee shall any suoh projeotion exoeed 24 inohsee. (vor saeoiArtiole al regulations on revereed front- (4) Lot Area The minimum area of an lot used n ,e"R" - Dwelling District shall be 6,000 square .feet, th The (5) Dao~lx"~Yi) foatminimum lot width shall be aocessory buildings shall not (6) tROVvTtr),81Or:Fk1`th., Tho oombined area of the main forty (40) peroent of the total area of any lot in thlo Dwelling Distriot, s; (d) M!,Leblo Limit V. No building in the "R" . Dwelling Distriot shall oxoesd the height of thirty»five (35) feet or two and one-half (2) stories] provided however, that one-family dwellings in the IV - Dwelling Distriot may be inoreased in height by not more than ten (10) feet when two side yards of not less than fifteen (15) foist sash are providad; and provided further that, when permitted, publio j or semi-publio buildings, hospitals, saniariums or sohools may be erooted to a height not ex- deadir,g seventy-five (75) feet when the front, j side and rear y,,:rds are eaoh inoreased an ad- ditional foot for eaoh foot suoh buildings ex- oeed thirty-five, (35) feet, ( (e) paMki~$pass There shall be provided in oonnecition with every Ube permitted in the "R" - Dwelling Distriot off-street parkingg spaoe in aaoordanoe with the provisions of Artiole 15,230 ARTZOM 13,14 "D" - DFIMINO DI'STR'ICT The following regu lations shall apply in all "D" Dwelling Distriotsr {a) Mses armitted (1) Any uso permitted without a Conditional Use Pcomit in an "R" - Dwelling Distriot, (2) Two-family dwellings. (3) 23~19s r buildings (as d:fined in Artiole (4) CustomarV home oooupations, (5) one-famlly nabaYoss pthann eightyp(80) permitted from the front lot 3,iop nor loss than rive (5) foot from either side line, provided, X12.- however, thAt all accessory buildln gs inoludin% the one-family garage-apartment shall not occupy !n exosss of fifty (50) peroent or the minimum required rear yard in the vase of a"one-story building or forty (40%) percent in the case of a two- stur,f building. A one-family garage a art- ment shall not be permitted in con unction with another dwelling on the same unction de- signed for more than one-family, (b) Cond~itio-nom Uses Any uses ermittad by Conditional Use Permits in the R - Dwelling District may be permitted in the "D" - Dwelling District in the manner specified in Article 13,24. (o) Area le_uirements (1) Front Ya d There shall be a frot;'o yard for eve. structure in the I'D" . Dwellin District having a depth of not leas than twenty-rive (2,q) fast from the property line to the face of the buildin , No covered porch covered terrace, or lit ached accessory building shall projeot into any required front yard apace, (2) ear and mare shall be a rear yard for ev ry ruoture in the -Dwelling District which shall have a depth of not less than twenty-five (25) foe measured from the bank of the st,ruoturo to the rear property Unit provided, however that where such Bear yard abuts an &Hey, the required rear yard may be measured from the (ionter Line of such alley. (3) Side Ads There shall be two (2) side yar o oaah structure in the 111)" Dwelling r4striot, one on estoh side of such struuture. go side yard shall be less than six (6) feet measured from the side property lino to the side of the structure and no covered porch, covered terrace or attaehod accessory building shall project into any required side yard opaoe, All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc,) but in no case shall any such projeotion exceed twenty-four (24) inches, (For special regu lations on reversed frontage, pee Arbiele 13.22 ) ()1} of A ea The minimum area of any lot used : e I'D" - Dwelling District shall be 6,000 square feet. (5) Lot Width) feet. minimum lot width shall be y (6) Love. raga 'The combined area of the main bu. g Ana accessory buildings shall not cover more than fort ( ' 1E0) peroetit of thn 1 tot,41 area of any to in the "D't - Dwelling ' District. - 13 - . (d) Height go building in the "D" w Dwelling District shall exceed the height of thirtyotive (35) feet or two and one-half (g}) etorioa, however, one family dwellings ma be increased in height not more than ten (~0) test what two side yards of not lees than f~fteeh (1 ) feet each are provided, In the 'D" - Dwelling District, pub, Ito or semi-publio buildings, hotels, hospital's, sanitariums, or schools may be erected to a height not exceeding savenbyfive (75) feet when the front, side and rear yards are each increased an additional foot for each foot suoh buildingtj exoeed thirty-five (35) feet in height, (e) Parking Space There shall.be provided in connection with every use permitted in the I'D" - Dwelling District, off-street parking space in accord-# shoe with the provisions of Article 13.23. ART ME 13.15 t4-1" - DWELLING DI8THIOT Th,s following regguulations shall apply in all "Aul" 'Dwblling Distriate! (a) Uses Permitted (1) Any use permitted without Conditional Use Permit in any of the foregoing dis- ± trios, t k (2) Children's nurseries when housed wholly in a private residence, tht principal use of which is the operatorts privoto dwelling, (3) Libraries and maaeums. (k) Multiple dwelling for not more than six family units. ' (5) Apartment houses containing not more than six family unite, (b) I7o d it '_0 LUa The following uses may be permitted in the "1„Ml" - Dwelling District only under conditional Us,s Permits ratted in the manner specified in Article 13. t (1) Any uses permitted toy Oonditional Use ' Permits in the "A" and "D" - Dwelling Dietriote which are not permitted an- ,conditionally in the "A-1'' - Dwelling District, (2) Private olubs and oommunity buildings owood and operated by non-profit organi- zations* (3) Mobile home parks or trailer courts. /i r 1 (o) Area Requirements (1) Front YaLdd There shall be a front yard n every structure in the "Awl" . Dwelling District having a depth of not less than twenty-five (25) feet from the property line to the race of the building. No covered porch, covered terraoe, or attaohed aooebsory building shall project into any required front yard space, (2) Near Yard There shall be a rear yard for ovvrq T"ruoture in the "A-III - Dwelling Distriot which shall have a depth of not lose than twenty-five (25) feet measured from the back of the structure to the rear proporty line; provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the center line of such alley, (3) ~.iv,j Lards There shall be two side yards Wiz' aao - structure in the "Awl's w Dwelling Distriot, one on each silo of suoh structure. No side yard shall be leas than six (6) feet measured from the aids property line to the aide of the structure and no covered porch, covered terrace or attached accessory building shall project into any required side yard space, All required side yards ;shall be open and unobstructed except for fshoes and for ordinary projections of sills, belt oourses, oornioes, etc., but in no care shall any suoh projection exceed twenty- four (214) inches. For the purpose of side yard regulations, two or more detached one or two family dwellings shall be bonsidered as one building when occupying one lotj provided, however, there shall be a minimum of ten (10) feet between the sides of the buildings on the same lot, In the case of group houses or court apartments, when buildinga rear upon the aids yard, the width of the side yard shall be increased by one foot for eaoh building or apartment abutting thereon, If any stairway opens onto or is served by such side yard, the minimum width of such side yard shall be ten (10) feet. Cl+) of rea The minimum area of any lot-used or a ling purposes shall be six thousand (6,000) square feetf provided, however that it) the case of apartment houses or buildinggss arranged or designed for more than two fami- lies, the minimum area shall be six thousand (6,000) square feet plus seven hundred (700) square feet for eaoh family in excess of two, (5) Lot Width The minimum width of any lot used for dwelling purposes shall be sixty (60) feet. (6) iuiq of vera a The combined area of the main nng ang ao0ohnory buildings shall not cover more than fort (!}0 ercent of the total area of any to in ~hps "Awl° • Dwelling District, 15 1 (d) 486 rIcDisieillNexceeddthe 1Seight ofrthirtywfivel~8 (35) feet )r two and one-half (21) stories, how- ever, one fami).y dwellings may be increased in height not more than ten (10) feet when two side yards of not loss than fifteen (15) feet aeon are provided. In t;so "A-111 - Dwelling District, publio or semi-publio built}ings, hotels, hospi- tala, sanitariums, or sohool,s may be erected to a height not exoeeding meventy-five (75) e when the front, side and rear yards are each increased an additional foot for eaoh foot suoh buildings exceed thirty-five (35) feet in height. (e) Parkin S os There shall be provided in oonneo- £i nn over~yy use permitted in the "A-ln Dwelling District, off-street parking space in aooordanoo with the provisions of Article 13.23. ARK' IOLE 13.16 "A-2" - DWSLLINO DISTRICT The following ro Vilations shall apply in all 'tA-2" - Dwelling Distriota! (a) U,,,,ees, permitte~]_ s, (1) PAny use ermit;; In ranytof the without ConditiinsalriUse (2) Boarding or lodging houses, (3) Hospitals and olinias (excepting tubercular and veterinary) and hospitals and olinlas 1 for the treatment of alooholia neurotio insane feeble minded or narooios-addicted s patlenE19, (4) Motels In whi.oh buoinesm may be oonduetcd for the sole oonvsnisnoe of the occupants of the buildings provided, however, that there shall bb no entronoe to any suoh of athe of bm in eek; a eldt from the inside r` (5) Multiple dwellings for more than six family units, (b) Apartment houses for more tkian six family units. (7) Private clubs, fraternities, sororities, group student houses, 1009919; excepting, however, any of suoh uses of whose ahief aotivitas are customarily carried on as a business, t (6) K indergartena; private schools teaching similar aubjeots as are taught in elementary sohoole, provided the building, or buildings are not back from all required yard lines two (2) :eeet for everyy foot of building heigght and provided all off street parking faoilities consistent with requirements of tho use are provided on the site, In the instance of private schools and kinder* artons, a minimum building area of thirty ;)0) equaro feet por student and a minimum site area of two hundred (200) square feet per student shall be provided, ..1.6- (b) Conditional Uses Any uses permitted bly Conditional Use permits in the "R", "Dt' and [A-l" Dwelling Districts ma be permitted in the "A-2'}. - Dwelling Dis- Mot in the manner specified in Article 13,24, unless such used are permitter? unconditionally in the "D" or "A•1" Dwelling Districts, (o) Area Re uiroments (1) Front yard There shall be a front yard orb' ev ry struoture in the "A-2" , Dwelling District Navin$ a depth of not lass than twenty-five (25) feet from the property line to the face of the building. No covered poroh, covered terrace, or attached aooessory building shall project into any required front yard space, (2) hear ya d There shall be a rear yard fcr every structure in the "A.20 - 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 lina) provided, however, that l where such rear yard abuta an allay, the required rear yard may be measured from ' the center line of suoh alley. E (3) Side Yards There shall be two side yards j or eac struoture in the "A-2" - Dwelling District, one on each side of such structure, No side yard shall be less than six (6) foist measured from the side property line to the side of the structure and no oovered poroh, covered terrace or attaohed accessory building shall pro sot into any required side yard apace. A 1 required side-yards shall be for n orand dinaricbatrunted except for fosses and y projeotions of sills, belt oouresa, oornioes, eto,, but in no oase shall any such pro~aotion exceed twenty- four (24) inohed. Tor bhe purpose of aide yard regguulations, two or more detaohed one e or two family dwellings shall be considered as one building when oocupying one lotj 44 1 provided however, there shall be a minimum of tap (fo) feet between the sides of the buildings on the same lot. In the oaae of group houses or court apartments, when buildings rear upon the side yard, the width of the aide yard shall be increased Xl~ b ona fool; for each building or apartment { abutting thereon, If any stairway opeps onto or Is served by such aide yard the minimum width of such side yard shall be ! ten (10) feet. Where a building is ereoted or struoturally altered for dwelling pur- poses for buildings more than throe (3) stories in height, but not, exoeeding eight (6) stories in height, eaoh of the two side yards shall be increased one foot in width for eaoh additional story above the third, lror dwellings mire than eight stories or one hundred (100) foot in heigght, the front, aide and rear yards shall be increased an additional foot for eaoh foot sunh buildings exceed one hundred feet in height, . l7 , (4) Lot Area The minimum area of any lot osed or wo ling purposes shall be six thousand (6,000) square feet providedi however, that in the ease of apartment housos or buildings arranged or designed for more than two families, the minimum area shall be six thousand square feet plus seven hundred (700) square foot for each family in exoess of two, (5) Lod Wi_d_tU The minimum width of any lot used . or3r`we Wing purposes Shall be sixty (60) feet, (d} Parkintt 3paoe_ There shall be provided in connection with avory use permitted in the "A«211 - Dwelling District, off-street parking space in accordance with the provisions of Article 13-23. ARTICLE 13.17 "LR" - LOCAL RETAIL DISTRICT The following regulations shall apply in all "T,Rl' - Local Retail Distriotat (a) Uses Permitted s (1) Any uses permitted withuutyConditional Use Permit in the 10HIlf D, A l or "A-211 Dwelling Districts, ti r, (2) Banks, offices, studios, postal stations, ,f (3) Restaurants, or cafes when operated ox- elusively within an enclosed building and i not including drive-in services. (4) Piok-up stations for pressing, cleaning and laundry. t (5) Retail scores such as grocery, drug, appliance, variet , bakery' sales, shoe repair, flowers, t, apparel, barber shop, beauty parlor, and i other shops for custom work or the making N of articles to be cold at retail on the premised provided, that no "seoondhand oods" store or yard shall be permi"ted !.n the "LR11 - Local Retail District, i (6) Antique shops, art gallery, books or sta. bionery store. (7) Candy, otgars and tobaooo, retail. sales only, (8) Hv.rdware, sporting goods, paints and wall 3 paper, } (9) Professional offices for architects, attorneys, engineers and real estate, r (10) Sales and diuplay of ohina, art objeots, glassware-, draperies and 610th, (11) Washateria equipped with and using fully k automatic washing and drying machines where customers may personally supervise the washing and drying of laundry, provided no washing machine shall have a napaoity in oxcess of twenty (20) pounds and no dryer or extractor shall have a capacity in exaess of sixty (60) pounds, and that tho aggregate number of ffiaohines of all types used ahT not eroeed twenty-five (25). No dry cleaning or pressing equipment or facilities shall be permitted. 16 (b) tonal Uses Ally uses permitted by Oonditional Use permits in the ties, iDii, IIA-1 and "A-2l' - Dwelling Districts may be permitted in the 1ILR11 - Local Retail Dia- triot in the manner speoified it) Artiole 13.24, unless such uses are permitted unconditionally in the "Dti, °A-1" or nA-211 - Dwelling Districts. (a) Area Requirements (1) Fro t Ynrd There shall be a front yard for every structure in the "LRt' - Local Retail Distriot having a depth of not less than twenty-five (25) feet from the property line to the face of the building. No covered porch covered terrace or attached accessory j building shall project into any front yard space, (2) eRear Yard very `sTruoture~e in the ' be rear yard Diatriot which shall have a depth of not logs than fifteen (15) feoti provided, how- ever, that where such rear and abiita an alley the required roar yard may be measured from the center line of suoh alley. (3) Side Yards No yids yards are required in the ll'LR":7 sal Ratall District except in in- stances where a building is erected or atruo- turally altare6 ft,o dwelling pur oses in which oases, there shall b~3 two 2) side yards, one on each side of the building, of not leas than six (6) feet for each side, if property in the LR - Local Retail Distriot is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling district purposes, there shall bn allowed a minimum apace of twelve (12) feet in width between buildings; provided, however, that the side yard of the property Zoned for %R" - Local Retail District shall not be required to I exceed six (6) feet, Lot tea The minimum area of any lot used or we ling purposes shall be six thousand (61000) square feet) provided, however, that in the case of apartment houses or buiidinga arrangetl or designed for more than two,- > famillsa the minitnum area shall be six ?v thousand square feeh plus seven hundred (100) square feet for each family in exoems o two. (5) Lot Width The minimum width of anyg~ lot used or we ing purposes ohall be silcty (60) teat. s (d) Hei,~{ht_Limit No building in the I'LR g " Local Retail District shall exceed the height oil thirty-five (35) feet or two and one-half 2j) atoriee however, one famiI dwnYlin s may be increased in height not more hen tonlU) feet when two side yards of not less than fifteen (15) feet each are provided, in the "LR" - Local Retail District public or semi- ; i publ-to buildings, hotels, hospitals, sanitariums, or schools may be erected to a height not oxoseding seventywfive (75) feet when the front, side or rear yards are oaah increased an additional foot for each foot such buildings exceed thirty-fivo (35) foot in height, (a) inn S aoa Thoro shall be provided in connection with every use permitted in the "lino - Local Rotai.l Diatriot - ~9 off-street parkingg spade in aooordanoe with the provisions of Ar11iclo 13,23, (f) Outside Display$ of ~t~rohandise Prohibited There shall be no outside display of merohandise in oonnootion with any of the permitted uses within the °TaR" - Looal Retail. Distriot, ARMLE 13,18 "LB" - LOCAL BUSINESS DISTRICT The following regulations shall apply in all "LB" - Looal Business Distriots; i (a) Uses Permitted (1) Any uses permitted without Conditional Use Permits in the "R", "D", "A-1" or "A-2" Dwelling Uistriots or the %R" - I',ooal.Retail Distriot, (2) Auto sales and repair work; provided, that' storage faoilities shall be purely incidental to the prinoipal use; and provided further, that the area allowed for the repairs of oars shall be within an enclosed building, ` (3) Retail stores suoh as supermarkets, restau- rants, Cafes, delioatessens drive-in food and drink stands, department stores, and other ; shops for ouetom work or the making of i artioles to be sold at retail on the pre. miles; provided, that no "seoondhandn goods store or yard shall be permitted in the II nlg" - Looal Business Distriot. Bakery, washateria, Meaning, pressing and dying shops, i; (5) Mortuary, greenhouse, or nursery office, (6) Hotels madioal and dental olinios, veteri- nary chnios (provided animals are not kept over night), } (q) Publio auto storage garage, (8) Gasoline filling station (providing mayor re airs on automobiles ahall be performed s wNhin an enolosed building). j (9) Theatres, moving pioture shows, bowling 3 alleys (within an enolosed building). (10) .Wholesale office and sample room. (11) Job printing, (12) Frozen food looker, retail. (13) Auto laundry without heating and steam oleaning faoilities, and without boiler, and in whioh all washing operations are performed within a buildin&, (114) Auto repair garage whore all work in or formed within a building, and not, inoluding the open storage of truoks, trn'L1er8 or vend, (15) Beat oover salon and installation, W 20 (16) n rnituro repair and upholstering (retail only) and where all display and storage is oonducted within an enclosed building, (17) Catering and wedding service) camera shop; curtain cleaning shop; electrical goods, retail; film developing and printing. (18) )lootrioal repairing of domestic equipment and autos (retail only), (19) Tsxterminating company.. (20) Elootri.cal goods (retail only), (21) FJx-it shops, bicycle repairs, lawn mower I sharponing, saw filing and tool sharpening (retail only and only within an enolcsod building). (22) Letter service and mimeograph shop, { (23) furnishingsiandeappliances~(retailoonly)1. (24) Jewelry, photographic supplies, and optioal goods (retail only). (25) Oardon store, including retail sales of mood, small tools, and gardening equipment, (26) musical instruments (retail only), (27) Any retail sales use which s not permitted in any of the preoeeding b striotet provided, however , that all atoms fo sale are dis- played entirely within an nnolosed building; and provided further, that suoti use is not noxious or offensive by reason of the rmis- sion of odor, dust, gas fumes, noise or vibration and that no type of manufacture or treatment shall be permitted on any pro mines in the "LB" - Local Business District r other than the manufacture of products clearly incidental to the conduct of a .re- tail business on the premises. s` (b) Oonditional Uses Any uses ermitted by Conditional Use Permits in the "R,, "D", "A-1" and "A-2" - Dwelling Districts or in the "LR" - Local Retail Distrioi. may bn permitted in the "LB's District in the }5 mannor specified in Article 13.240 unless such uses „are permitted iDisrriotsiortIn the' A l or A-2 "U" - Local Retail District, (o) Area R uir (i.) Front and if any building is erected ore oral ly altered for dwelling pur- poses in tho "Lg" - Local Business District, a front yard of not less than twenty-f ivs (25) feet in depth is required, Otherwise, ' no front yard is required in the "LB" - rjooal iusiness District; but any building r on any 3roporby (except where used for redden is purposes) shall be met back thin (30} feet from the oonj,,sr lino of the s rest fronting the property, except that In the case of property Vrording streets one hundred (100) feet in width, the sot back shall be fir' y (50) feet (such distanoo being measured from the oontor lino of the street to the front 11no of tho Wilding, - 21. - oovered porch, covered terrace or attached aooOnsory building, (2) Rear 'ard 'c'hore shall be a rear yard for every i£ructure in the fB1 - Local Business Diatrio` which shall have a depth of not less than fi..ftcon (15) foot, provided, however, that where such rear yard abuts an alley the required rear line may be measured from the center line o` such alloy, (3) Side Yards No side yards are required in the cal Business Distriot except in in- stances where a building is erected or struo- aurally altered for, dwelling purposes in which cases, theme shall be two (2) side yards, one on each side of the building, of not lose than six (6) feet for each aide. If property in the "LB° - Local Businoas District in not used for dwelling purposes, but abuts upon the si.do of a lot zoned for dwelling district purponos, there shall be allowed a minimum apace of twolve (12) foot in width between buildings; provided, how- ever, that the side yard of the pro eras zoned for '"LBtt - Local Busineas Di,sr.cot shall not be required to exceed six ('6) feet, LUt Area The minimum area of any lot used t:4 or we ling purposes shall be six thousand (61000) square feet. (5) Lot Width The minimum width of any lot used z{ or we ing purposes shall be sixty (60) feet, l (d) Nei t Limit No building in the "ILB"" - Local Business District ~ shall exceed the height of forty-five (45) feet or three (3) stories, In the ""LB° - Local Business District, public or semi-public buildings, hotels, I hospitals, saritariume or sohools nay be erected to a height net exceeding seventy-five (75) feet I whets the front, aide or rear yards are ouch in- creased an additional foot for each toot such t buildings exceed forty-five (45) feet in height. (e) Parking 9,paoe There shall be provided in connection with any use permitted in the ""LB" - Local Business Distriot .I off-street parking spade )n accordance with the provisions of Articlo 13,2,3, MIMI 13.19 ""B"t - BU52N288 DVORIOT The following regulations shall apply in all "B" Business Districts; r (a) uses Form ttod t (1) Any uses permitted without 0onditionel Use r Permits in the "R"", I"D" , ""A-1'" or t'A-2 - Dwell- ing Districts, the ""LR"" - Local Retail Distriot or the "tLB"" - Local Business District, (2) Automobile laundry] automobile painting and a. holstering; awning manutaoturing (cloth, wood' or metal), (3) Book bindingj printing) bottling works; bus and truck s or&gej bowling a'ileysj bum pas- songor al;ationn and terminal_-i billboard or advertising nigns. 2 2 - ` 1 (4) Clothing manufaoturing; carpet cleaning (if dust oollcotion equipment i+i provided); coramic produota and handicraft products; cold storage plants; oomtt,creial amusement;, cleaning and dry gloar,ing,, plants, ( ) Dry goods (wholooale or storage); dance halls; driving range; dyeing plant, (6) TOleotri.eal repairing and 01.00t'rioal oqui.p' mont sales; olec:roplating and typing; on- graving. (7) Feed storage and mixing rif dust collection equipment is provided wholoselo); food product's mnnufaoturo and e~:ovago; food whole- sale salon; florist (wholosale and retail); furniW ro auotian sales. (6) Grocery (Aolosa.lo and storage), (9) ifouschold goodn (:storage and wholoW.o); hauling (heavy and light). (10) loo manufacturo and storage; Sao aroam mailufao turo . (11) Lithographing; loading and storago trpoks and dooke; laboratories (industrial bating); Ions grinding, for optical goods; laundry dyeing and Moaning, (12) studics forrcomrieroialrfillms) motion moving iandre storage; mattross manufacture (if dust oolleotore are provided), (13) Newspaper printing and publishing. (llt) Publishing house; printing shop; printer's supply equipment sales and repairs; photo ongravi.ng; paint mixing (excluding baking and ooo'ci.ng of taints and lacquers; public garage; pecan aholling, (15) iRubber nvolving stamp processing manufacture of crude (natural or synthetic 3 (16) second-hand furniture sales; auto sales lob; storage warehoused; second-hand goods store (when housed within an enclosed building)i skating rink; schools (all, types including commercial, and trade schools); seod sales and storage; shoe stores (whc'loaal.e, retail or storage); storage of trucks and vans; sales and stora a of auto parts and acuesso» rigs (when with n a building and when no pa)~ta of automobiles for sale are utorod or diaplayod in the open), (l'1) Toam tracks and unloading docks; railroada; tiro retreading and rooarr??pinP;bransfor haulm and bagi ggapa haulitlg (warehouse and atorago); tolevsion salon, Aorvioo and storago (Wholenalo and rotall.); typo setting. (16) Vanetiah blind manufacture,(storago and saloa), (19) WNrohouson. (20) Any oommcroial, recreational or, nmusomont uao not inoludoo in any of the precooding olasaificationa; provided, such uklea ara not noxioutj or offonnivo by reason of the Otllinsi.on of Oder, dust, amoicb, gas funwll, - 23 I lIiY4 ok noise or vibration] and provided further that no type of manufacturo or produot treatment not speoifloally mentioned in the foregoing list of permitted uses in a 111311 Business Distriot shall be permitted other than the manufacture or treatment of pro- dt.iots o1narly inoidental to the aonduot of a biisinrns on the promisen, (b) Conditional Uses Any uson permitted by Conditional Use Permits in the "fl', "D° "A-l" and "A-211 - Dwelling Din- triots, the "LR1' - Looal Retail Distriot, or the I'L1311 - Local Buoino sa District may be permitted in the "B" - Business District in the manner specified in Artiole 13,211, unless suoh uses are Permitted unconditional) in the ''D", °A-1" or 'A-2" Dwelling Distriot, the IILRii - Looal Retail Distriot, or the 'ILB" - I,ooal Busim se Distriot, (o) Aroo 1t~csuirements (i) Front 'Card If any building is oreated or s ruo'ura ly altorad for dwelling purposes in the "B" - Business Distriot, a front yard of not less than twenty-five (2111) feet in depth is required. Otherwise, no front yard is required in the I'D" . Business District; but any building on an property (except where used for roaiden)ial purposes) shall be set back thirty (30) fee. from the oenter line of the streob fronting the property a; except that in the case of property fronting ~ streets one hundred (100) feet in width, the set back shall be fifty (50) feet (such " diatanoe being measured from the oenter line of the street to the front line of the building, ooverad porch, oovorod t;orraoo or attaohed aooessory building, (2) Roar Y rd There shall be a rear yard for eve'""ery as ruoture in the "B" M Business Distriot which shall have a depth of not less than ten (10) feet, except where an alley is provided and the dis,once from the building line to the center line of I the alloy is not less than ten (10) feet, i ~ (3) Side Yards No side yards are required in The -Business District exosppt in in- stanoss where a building i~ ex+eotod or etruoturally altc,red for dwelling pu oses, In which nasos, there shall be two (21 side yards, one on each lido of the building, of not loss than six (6) feet for each side, ' 11' p.ropsrtf in the IIB,i . Ausiness District to not ueod for dwelling purposes, but abuts t upon the silo of a lot vaned for dwelling distriot purposes there shall be allowed a minimum space off' twelve (12) feet In width botweon buildings providoct however, that " the side yard of he px+opsrtyy zoned foil "B" Business nistriat shall not be required to exceed six (6) foot, Whern a building is oreetod or struoturelly altered for dwelling purposes for buildings more than throe (3) 9torieg in height but not exoseding$ eight (8) stories in height, oaoh of' the two side yardn shall be inoreasod one Coot; in width for eaoh additional story above the third, r'or dwellings more than eight stories or one hundred (100) Cant in height, the front, side and roar yardn shall be inoreased an addi- tional foot for aaoh foot suoh buildings exooed one hundrsd foot in hoipht, r (11) Lot Area The minimum area of any lot used ar we1'ling purposos shall be six thousand (6,000) square feet; providod, however, that in the ease of apartment houses or buildings arranged or designed for more than two fami. lies, the minimum area shall be six thousand feetrfor eeachl family seven in hundred excess of0twogquare (5) Lot Width The minimum width of an lot used Y oz`dwolfing purposes shall be six y (60) foot, (d) Pnz~kin~ awe Thereeshall be iprovidnduin connootion with any street parking spathe oe in j acooidanaas wiithtthe offer visions of Article 13.23, pro. ARTICLE 13,20 "Ll" W LIGfIT INDUSTRIAL DISTRICT T he Vollowi.ng regulations shall apply in all }ELI" Light Industrial Dist,rictsc (a) Uses Permitted (1) Any use permitted in any of the foregoing distr,tota exoep t that no buildin8 shall be ` t' erooted or oonverted for dwelling purposes; provided, however, that dwelling quarters may be established in oonnsotion with any industrial plant for oontraotors and waboh■ men employed on the promisea; and further provided that 11 any existing dwelling struoture within an LI W Tight Industrial biatriot may be repaired and altered, i (2) Artifioial limb manufaoture; automobile assembly; automobile agenoy; automobile repair, f (3) Baggage transfer e.nd storage warehouse) bakery (wholesale or employing five or more i persona)) bioyole manufacture; blaoksmithing; book publishing; boot and shoo manufRobure) broom manufaoture; building materials yard; bus barn or oentrol yard storage or terminal. (1t) cabinet maker) oand reserving maufaot.iirejpoapoat)d hat manufao-d ure; oarpenter shop; carpet oleanin ; ohicken hatohery; oloanin and ressin t 1116 manufaoture; 0041 yard) ooffplant) oloth- oold storage warehouse; oommiasinn house; oondensod milk manufaotture; oont aotors} btorago ard; aosmetio manufaoture; 01164mory (whollesala) , + (5) Dairy (wholesale); dsiital laborato manufaoturej dry oloaning (industrial); drug ing and cleaning plant, dye Y (6) >ileotrioal power plant; eleotrioal sign manu- faoture, enameling and painting; engraving plant; exproso storage and delivery atati on, (7) Food manufaoture; food sales (who)esalo)j flour and grain storage elevators; fruit and vegletable drying) fuel distributing station; fue gas storage; fur warehouss; furniture ware houne or 0forage, W P5 W 1 uL (6) Garage (repair); garment factory; gas (heating storage); geophysical laboratory; rain elevator; gravol pit; grocery store ( 5ahole sale) , (9) Hat oleaning; hatchery; hay, grain and feed sales (wholosale); horse shoeing, (10) dewolry manufaoturo; laundry; light and power substation; limo and cement warehouse; livery stable; lumber yard, (11) Mattress manufaoture; macaroni manufaoturo; medicine manufacture; milk bottling plant; milk depot (wholesale); millinery and arti- Pioial flower making; mineral water- dis- tillation and bottling; motorcycle .repair; moving company (with storage facilities), (12) Noon sign manufacture, (13) Vfice building in conjunction with and on site of industry or factory; office equip- ment and supply manufaoture; optical goods manufaoture; organ manufacture; overall or r pants manufacture, (1!;) Paint shops papa;, box manufacture; paper can, oontainsi- and tub manufaoture; paper KA products manufaoture; penoil manufaoture; perfume manufaoture; pharmaoeutioal products manufaoture; piano manufaoturo; printing; produoe warehousa; publio utilities plant; t publishing oompany; pump station, s3 (15) fladio and television manufaOture; refrigora- for mam,tfactura; rug oleani.ng, (16) Sand and gravol pits, yards or storage; sorew and bolt manufaoture; sheet metal shop; shirt faotory) sign painting shop; silk manufacture; soda water manufaoture; sporting goods manual r facture; stable; storago warehouse, (17) Tailor shop; taxicab storage and repair; telephone exohange or substation; television manufaoture or aerial manufaoture; television wending or rely thormometbr or tharmoetat manufaoture; tin produots (wholoaala); tin shop or tinsmith; fire repair shop; transfer oompany, baggage storage; trunk manufaotiara, (18) Upholstery manufacture, (19) Votorinary hospital] vulounizi.ng shop (rubber), (20) Wagon or trailer shop; wall paper manufaoture) warehouse; washing maohins manufaoture; watch manufaoture; water company appurtananoes; waterproofing treatment and manufaoture; welding shop; wholesale produoe storage or market; 'window shade manufacturo; wire brush manufaoturo; wood pr-oduots manui'aoture; wood- Working shop, small) woven goods manufaoture) worsted goods manufacture, (~.ft Manufaotura of any kind not listed under "Hill Heavy Industrial Distriot; provided, that euoh use is not noxious or offensive by reason of dmissinn of dust, nmokn, gas, noise or vibration. : ~ 2b r (b) Conditional Uses Any f1sos}rpermitted by Oonditi-)nal Uso Permits in the R , D , IIA-111 and A-2 - Dwelling Districts, the "LRc - Local Retail District the "U" - Vocal Business District, or the rrgs - Business District may be permitted in the 11111 - Light Industrial. District in the manner specified in Article 13,26, unless such uses are permitted unconditionally in the "D", "A-1" or "A»21' Dwelling Districts, the "L,R" - Local Retail Dis- trict, the "LB" - Local Business District, or the rrBn - Business District, (c) Area Requirements (1) Front Yard No front yard is roquirod in Light Industrial Di.striot, 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 arty fronting tho street one hundred (100r foot in width, the set back shall be fifty (50) foot, such distanoe being measured from the ooni.er line of the street to the front line of the f1 building, covered porch, ooverod terrace or attached accessory building, (2) Side Yards If propperty in the "LI" ; Lighb n us r a Diobriot is not used for dwelling i 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 sido yard of the progorty zoned for Light Industrial use shall not be required 1 to exceed six (6) foot, (d) >?arkin~t Space There shall be provided in connection with any use pormitted in the "LI" - Light Industrial ? District, off-street parking space in accordance s with the provisions of Article 13,2,3, ARTIOLE 13,21 "H1" » HEAVY INDUBTRIAI, D1STRTOT ti g The following re l.ationa shall apply in all "HI" Heavy Industrial Di.atriotst (a) uses Pomitted (1) Any use permitted in any of the foregoing districts, except that no building shall be erootod or oonverted for dwelling purposoai provided however, that dwelling quarters may be eatabiished in connection with any in- dustrial plant for contractors and watihmen employed on the promiucsl and further pro. vidod that ,,nor existing dwelling structure within an "]ir' Heavy Industrial District may be repaired and altered, ( ) Abattoir or paok7,ng house t seetylone gas manufa"tuvo; acid manufaotural agriau aural implemornts manufnoturo; air products manuw fao Nro; airplane repair and mnnufacturei aluminum manufacture; ammonte manufacturo; nsh dumptil asphalt manui'aoture; refinery av storages automobilo manufa,^ture, 27 (3) Bag cleaning; bag manufacture; bank equip- ment manufsoturel barrel manufacture; belting manufaoture; bicycle manufaottirel blast fur- naoe; bleachery; bleaching powder manufaoture; boat manufacture; boiler works; bolt and nut manufr:cturo; box manufaoture; brass foundry; brewery; brick yard and kiln; bronze mane- facture; brush ranufaoture; business equip- ment manufacture, Calcimine manufacture; can manufaoture; candle manufacture; oar manufaoture; oar wheel manufacture; oarborundum manufacture; carriage an6 wagon manufacture; cast iron pipe manufaoture; casting foundry; cattle shed; eAuntio soda manufacture; celluloid manufac- tv,re; chalk manufaoture; charcoal manufacture; charcoal manufacture and pulverizing; choose manufacture; chemioal manufacture; chlorine manufacture; chocolate and cocoa prodcts# cider and vinegar manufacture; clay products manufacture; coffee roasting; ooke ovens; concrete batohing or reedy-mix plants; con- orate products manufacture; copperago works; copper manufacture; corrugated instal manu« facture; cotton ginning; cotton yarn manu- facture; cottonseed oil manufaoture; o:'ema- tory; orsosote treatment and manufacture, ;t ,~t (5} Distillation of coal, wood, bones; dumping stations; dye-Stuff manufaoture) d,sinfeo- tart and insecticide manufaoture, } (b) Mleotrioal Supply manufaoture; elevator manufaoturel emery cloth manufaoture; engine manufaoture; exoelsior manufaoture; exter- minator or insect poison manufaoture Felt clay products fmantifaoturoj fireworks firs clay manufaoturo or otoragel fish our.ing; fixture manufaoture; flour and grain milling; forge works; foundry; fuel gas manufacture; fur- niture manufacture, Oasoline storago wholesale or bulk station; gelatine manufaoture) g1aSS manufaoturo; glucose manufacture glue and fertilizer goase manufaoture; graph, a manufacture) gunpowder and tr,11ow manufaoture; g manu ototure; gUtta poroha manufaoture; gypsum manufacture, (q) flair prhduots manufaoture; hardware manu- faoturo heatingg appliance and supplies manufao,ur.e; hido banning and tallow manufaoture; hosiery mill; hydroohlorlo acid and derivatives manufaoture, (10) iron works; inoinorator; insect poison manu-, facture; iron (ornamental.) works, (ll) aaptanning and shollaolting wor.ksl junk yard; ju a manufacture, (12) Ko rose no manufacture and storago; knit goods manUfao t+:."e (13) Lampblaok manufacture; livoatook barns and auction Belem pons; lard manufacture; lath manufacture; livestook loading and shipping yards, laundry machinery manufacture; lead manufacture; leather and leather gjudo manu- facture; leathor during and tanning; light and power plants; limo manufaoture; linen goods manufacture; linoleum manufacture; linsoed oil manufaoture; locomotive manUfao- tire; lubricating oil manufaature; lumber mill. (14) Machine shop; machinery manufacture; malle- able oasting manufacture; marble quarry; match manufacture; most paolcing plant; metal polish manufacture; metal products manufac- ture (except light products); metal weather stripping manufaoture; milling plant; molasses manufacture; monument works. (15) Nail manufacture; noodle manufaoturo; nitrating of ootton or other materials; nitric said or other derivatives manufacture. (16) oil manufacture; oil refinery; oilcloth manu- facture; oleomargarine manufacture,- ordnance manufaoturo; ore dumps and elevators; ore reduotion; oxygon gas manufacture, (17) Packing plant (meat and poultry); paint manu. facture; paper or paper pulp manufaoture; poultry slaughtering and processing; pattars shop; petroleum refining; petrpleum storage (wholesale); petroleum wells; pickle manu- faoturef pierio acid or derivatives manufaa» tune; pin manufacture; pipe (oonoreto or metal) manufacturej planing mill; plaster of Mario manufaoture; plating works; plow manufao lures plumbing supply manufaoture pole and - shaftt m~tnutaobturel potash manufacture; poultry I food maanufaoture; printing ink manufaoture; publio utilities plant; proxyline manufaoture. (18) quarry (stone, gravel or sand); quilt manu- ; faoture, s s (14) Railroad shops and rouOhouses; radiator manufacture; rag treatment or manufacture of rag produors; raw hides and skins (treatment and Atorage);'reductian o1' ore; ggarbage, i offal, eta.; refuse dump; riot ol,eaning ells s potishingi rivet manufacture; rook orushin l rolling mill; rope manufacture; rubber Sol or rubber manufaoture; ruE manufacture, (20) Salt manufaoture; salvage storage yard; nand paper manufaoturo; satterkraut manufacture; sausage or sausage oasisg manufaoture; saw- dust manufaotu ro; saw m1llj uorap iron storage yard; scrap metal reduotionj sewer pipe manufaoture; sewage disposal ;,last; shell 8pindin8; shingle manufacture; shoe blacking manufao,uras shoe manufaoture shovel maouw faoture; smelting metals plan ; snuff manu- faoturej soap manufaoture; soda, and washing compound manufaaturej soybean oil manufrrf•.Ne; otampin , metal; starch marufaot' a ur steel mill; stockyards; stone crushing) atone outting and screening; atone munufsotu.ro; structural steel and iron manufaoture; su are refining; sulphur, sulphurto acid manuft aturo; syrup and preserve manufaoture; nales of used auto parts and auto wrecking yard, 29 t fi\ 1 (21) Tallow manufaoture; tanning and curing of hides; tar distillation; tar paper manufao- ture and tar produote; torra ootta manufao- ture; textile manufacture; tile manufaoture; tin foil manufaoture; t.tn products manufae- ture; tin refining; tiro manufaoture; tobacco rnanufactura; tool manufaoture; turpentine manufaa'Luro; typewriter manufacture, (22) Used automobile Junk yards, (23) Varnish manufacture; vinegar manufacture. (24) Waste paper produote manufaoture; wire and cable manufaoture; wagon and trailer manu- faoturo; washing powder manufaoture; wool scouring or pulling; wood preserving treat- ment; wreoltiny material yard, (25) yeast manufaoturo; zinc products manufacture. (26) Any other use not prohibited by city ordi- a nuisance, nanoe an (b) Conditional Upon Any uses ormitted by donditional Use Permits in the uRii ,Dit, "A-l1 and 1A-21 - Dwelling Din triots, the IfLRA - Local Retail District, the "Wl - Local Business District, the "B" - Business Din- triot, or the "Ll" - Light Industrial District l,,r may be armitted in the "HI" Heavy Industrial t; Dist.riJ in the manner specified in Article k 13. 24, unions %asee are permitted unconditionally in the OD1, "A-111 or 1A-2" - Dwelling Districts, the "LR" - Local Retail District, the "n" Looal Business District, the ItB" - Business Dim- 1' triot, or the 1%111 - Light Industrial District, ;t (a) Qrea Requirements. ` , ti (1) Front X rd No front yard is rewired in Th-e-ITI11 - Heavy Industrial D Mriot, but any building on any property (exoept where used for residential purposes) shall be sat ` 1 back fifty (50) feet from the center line of the street fronting the propert+~; exuept € that in the case olt property fronJn'g the street one hundred (],~0) 1,80 in width, the dot bank shall, be fifty (50) feet, such distance being measured t'rom the center line of the street to the Vront line of the j building, covered porch, covered tarraoe or attached accessory building, (2) We Yards xf property in the "H1'1 - Heavy .n us r a Distrio its not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling purposes therw shall be allowed a minimum spaoo of twelve (12) feet in width between buildings; provided, however, that the Elido yard of the property zoned for Heavy Industrial usb shall not be required to oxaoad nix (6) feet, (d) Parkin__ g jme xixore shall be proviuod in oonneotion with any use permitted in the 1}111 - Heavy Industrial Dintriot, off-street parking spaoo in accordance with the provisions of Article 13,23, -30- ARTICLE 13, 22 11'.j.01111 IMA AND SPACE REGULATIONS APPLI-- CABLE tTO ALL AlSTRIcTS (a) Hej hts of Misoellaneoun Struaturon Chimneys, ',iter towers, pent houses, soonery Lofts, sus 11 refineries, monuments, ollrolas, domes, spires, standplpes, false mansards, parapet walls, similar structures and nooes- 3Ary'y moChanical appurtenances may be ereoted as ro their height in accordance with oxiati.ng or hereafter adopted ordinanoes of the City, (b) Hasof i_ t~ i ht_teaour~ emonLs On through logs one hundred and fifty (150) foot; or loss in depth, tho hr4rzht of a build- ing may be measured from tho ourb level on either street, On through `its more than one hundred and fifty (150) foot in depth, the height regulation and basis of height measure- mont for the otreet permitting the greater height: shall, rpply ":o a de th of not morn than one hundred and fifty (1;U foot from the street, (0) From dp i Whore the frontage o7 one side of a street in the same blook is zoned for two olasses of ra distriots, the o:)t-baok on the most restricted ,t. dintriot, shall apply to the entire blook, (d) Rear Yards (l) In oomputing the required depth of a 1 rear yard for an building whore suoh yard abuts an alley, tho depth of lot; may be oansiderod to the oenter of tho alley, and the required depth of rear yard measured from the oenter of push alloy. ! (2) In all disi:rtots where a buildin ig orooted or stritoturally altered for dwe?ling purposes, thove shall be a 1 raar yard having a depth of not, loss than twenty-fivo (?.y) feet, e ' ( ) 8100 Yards r (1) For the purpose of side yard regulations, two or more dotaohod one or two family dwol.li.ngs shall De oonsidored do one building whom oooupying one lotj provided, however, there shall be a minimum of hom ' (10) tout botwoon tho sides of the build- ing on the samo lot, (2) Tn 11110 oaso of group lzousoti or ODUrt apartments, when building rear upon the side yard the width of e lido yard shall be inoreasad by one loot per eaoh building oil apartmont abutt'ing t.horoon, If any stairway opon onto or is soilvoe by su0h side yard, tho minimum width of rnioh 0;10 yard shall. be (-,on (10) toot, Tho width of a plaoe or oourt shah, be not ltios I.han forty (110) foot measured 31 - f""41 , between bui.ldinge or from buildings to the opposite property line, provided that open or unenoloned porohos may pro- Jeot into the required place or court not more than twenty (20) percent of the width of such plano or oourt. All other requirements including front, side or rear, yards shall be complied with in sooordanoo with the distriot in whi,oli group houAos or court apartments are located. (3) Cvory part of a required yard or court shall be open from its lowest point to the sky unobstruoted except; for the ordi- nary projections of sills, belt courses, cornices, Ea*o,; provided, however, the above projeotions shall not extend into a oourb more than twenty-four (21J) inches nor into a minimum side yard more than twenty-your (24) inches. (jt) The aide and front yard requirements for dwellings shall be waived where dwellings i,. are erected above stores and shops. s„ (r) On aarnor lots the side yard regulations r; shall be the dame as for interior exoept in the oase of side street or reversed frontage (where corner lot faces an inter- sooting street) in which case there shall also be a 8166 yard on the street side 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 regulation shall not be so i.nterpret,ed as to reduce the buildable width of a oornar lot facing an intereeoting street, and of record at the time of passage of ' this ordinance to less-than twenty-eight (28) foot nor to prohibit tho erection ii of an aooesuoryy building where the regu- lation cannot be reasonably oomplie6 with. (f) Lot red s On any lot held v)nder separate district owner- ship from adjoining lots at the time of passage of this ordiruinoe, such separately owned prop- { arty being of record at the time, a single family dwelling may be erected even though the lot bo of less area than required by the rcgu- lations rolati,ngg to lot area in the District in whioh it in locatodi provided, however, that in any event %o combined area of the dwelling and aaoomsory building ehall not cuvor more than forty (1~0) percent of the total, area of the lot, - 32 0 ro r I I N to I- d a 7.3 N '1 N W M y NI rr to o ❑ IS rt w n t F c~ O, H 1.4, 0 p' { It h, w N 2~. E y to Eo (D yy J C y w N $ t6 W m n, N N tot t7, F•) M 13 U I' CIL III W H' a t. , I,. 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I Y rt rM r+ O pQp Y ,t r+ rM 00 0 M ~i 000 o o y 't 4nOOOy tt77 0 1~ C~ M d W N f' F•' O o; ~W ak G O tlb p~~lliriv~ b0~i y , p pp b O sy pp a~j cli rµh 0000 0 O A +QOC~7 P Fy, µ 13 'd VN t-+ 111 W N N 1-~ N I•~ ~11F' W N F-' m m 4A~ co w a .µh Y CD 1A µ 1= , 6£ Fa v~ 0mr F7~ ~ 0 to clN~ j to (µi A W t et pf rFQ4. ti m0 za ! y A W f+ s ~ a ~1 b 1-Y 1~i m I ~ ay o, 9 hi d t~ 0 t "2e1 000 Y V 4 08800§ ,y 0000011 t t, fa (~QQdO ~ p~~. µr000 C µ ~ ~ ro P) 0 10, w 0 n - ~i c~ (c) raving Requiroments, Group ParJtii,nk Areas, and A"xaop"rions - (1) In the 19LRf1 - Local Retail Distriot, the "LB" - Local Business Distriot the +18" Business District, the "LI" » Ltight Sn. dustrial Distriot, and the "iii" - Heavy Industrial Distriot opon parking areas and berths shall be paved with a dust proof or hard surfaoo meeting the standard specifications or the City of Denton, Texas, for such aroas. (2) croups of uses requiring vehicle parking space mayy join in seta61Iahing parking aroas with total oapaoity aggregating that roquiped for each participating use, (3) Vehicle parking apace requirements and loading and unloading space requirements shall not apply to a block fifty (50%) percent or mare of the area of which was occupied by bucinecs or industrial structures at the time of passage of Part 11 of this Chapter, (d) Special Exceptions for Vehicle Off-Street ~r in order to meet requirements for vehicle off-street pparkin, space, where such space is not availabls on the property occupied by a business or industrial uae, in a 11LR" r Local Retail. District, TMLB" Local Business 1Diso trios "B" - Business District, "LIf' - Light Industrial District, or "RI" » fIeavy Industrial District, the Board of Adjustment may, after conferring with ant rooeiving a favorable report from the Planning and Zoning 0omminsion on a proposnl and, further, after public notice and heoring, grant a permit for the establishment of an off-street parking area, as an auxiliary use an a lot or lots in the 'fft", "i)'!P 1'A-1." or ~1A-21P - IJwellinistricts, provided ths)t the entire area for fhDe off- street parking area is within five hundred (500) feet df the businees or industrial use property involved and when the proposed area adjoins or is across an alley from said use in a "LR" » Local Rote,il Distriat, 11LB if Local Business District, 1113" Business we. triot, "LI" r Light Industrial Distriot, or "HI" - Heavy Industrial Diatrio t or, in the case of a church or place of congregation of people or automobiles in a Dwelling Distriot, immediately adjacent to aura ohurah or place of congregation, and provilod tltatt (1) there shall be no sales, dead storage, repair work, dismantling or servicing of any kind in said parking area; (2) entrances and exits shall. be upprovod as to location by the planning Commission; and zontng (3) no parking shall bn permitted tetwooc, the front and line and the front lot lino as established for they dwo:(ling- zoned property, r 110 (4) oxcc,pt for approved ontranoes and exits, a masonry wall not more than five (5) feet in height, and not less than four (ix foot in height and not leas than mix (a) inches in thickness may be required along the boundaries of tho parking lot by the Planning and Zoning Commission for the protection of adjoining dwelling- zoned or used property, and if erected, much wall shall oonform tohe required front. yard line, f5) the lot shell be paved with a dustproof or hard surface meeting the standard spoo'.fications of the City; (b) no advertising signs may be erected upon such lot, but signs may be erected upon each stroet side to indicate the operator or purpose of the lot and to indicate entrances and exits, direction of traffic flow and conditions for parkin S, Such signs shall not exceed twenty (20) square feet in area and shall not extend more than ten (10) feet in overall height above tho ground, (7) lighting facilities, if provided, shall be so arranged as to be reflected away front dwelling-zoned or used property, ARTICLE 13.24 CONDTTIONAL USE PERMITS (a) Conditional Use Permits Authorized The uses listed or -referred to in Articles 13,13 b , 13,11}(b~, 13.15(b~, 13.16(b}, 13,11 b , 13.1 b 13,19(b , 13,20 b and 19.21 b may be authorized or permitted in the indicated Districts by Conditional Use Permits Whioh may be granted, upon applioa- tion to the Board of Adjustment, in the manner hereinafter described in this Article. (b) Apn1109tion and Procedure (1) Upon receipt of an application for a Conditional Use Permit by the Board of Adjustment, such application shall be re erred to the Planning and Zoning commission for investigation as to the effect of the proposed location and character of the conditional use on the master city Plan for the City of Denton, 4. (Z) The Planning and Zoning Commission shall report the results of its study of said application to the Board of Adjustment, and, if suoh report is fnvorab a toward the application the Board of Adjustment may, after public notice and hearing according to law, grant such conditional Use Permit, inoluding therein such specific conditions of use as the Planning and Zoning Commission may deem a0sontSa3. to preserve, the integrity, of the Mastor City Plan, and suoh additional speo.al oooditiona as the Hoard of Adjustment may doem essential to protect neighboring property. - ,11 M dA,1 /Mi`` (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 Board shall find from the evi.denoe presented that suoh oonditional use; (i) is oonsistant with the spirit, pur- pose and intent of Parts II and III of this Chapter; (ii) will not substantially and permanent- ly injure the appropriate use of neighboring propertyi and i (iii) will substantially serve the publio oonveni.onoe and welfare, (a) violation of Conditions Violation of any of the oonditiona oontained in a Conditional Use Permit by ony person, assooiation of persone, firm or oorporation using or oooupying property under suoh permit shall oonstitute a violation of thin Artiele, and any auoh violation hall be punishable as provided in Artiolo 13."w, (d) Disoontinuanoe of Conditional Use Upon the disoontinuanoe of a conditional use on any property, the regulations applicable to the DistriA in sihioh suoh property is looated shall apply as if suoh permit had not been granted. (e) Planned Residential ,Reyelopmernts The authorization of a planned Residential Development, as doooribed in Artiole 13.13 (a) (13) shall be subjeot to the following additional oonditionse (1) Tho report of the Planning and Zoningg Commission to the Board of Adjustment shall be in writing and shall ino'lude the finding as to whether the proposed development is oonaistent with the Master City Plan of the City of Denton. In E. addition, the applicant may be required to make suoh dedioations of land and utilities for publio use in aooordanae with the polioies and oontrol ordinenoes i of the City ggovorning he same and may y be required to restriot oertain areas of the development perpetually (or for the y duration of the development) as open spnoe for oommon use. The development as auth- ovized shall be subjeot to all oonditiona so imposod and shall, be exoep*ed from other provisions of this ordinanoe only t'o t tho extent speoified in the authorization, 1 {2) The applioabion must be aonompanled by an overall development plan showing t1lo use or uses, dimensions and locations of pro. posod stroots, parks, playgrounds, sohool sites, and other open spapes, with suoh other portinont informs. ion as may be nooosaary to determine whether the oon- tomplated arrangement or use makes it 112 r desirable to apply regulations and re- quirements differing :.'rom those ordinarily applicable. The applicant shall obtain written comments on the proposed develop- ment from the Publto Works Department, Fire Department, Health and Sanitation Department, Building Inspector, Parks and Recreation Department and postmaster and submit those with the application. (3) The tract or parcel of land involved must be either in one ownership or she subject of an application filed ointly by the owners of all the proper y inoluded (the holder of a written option to purchase land txnd a redeveloper under contract with the City+s official redovelopment agency to acquire land by purchase or lease shall, for purposes of such apply- cation, be deemed to be an owner of such land) or by any governmental agency in- eluding the City's redevelopment aggenoy. The site must include an area of at least three (3) coves or be bounded on all sides by streets public open spaces or the boundaryy lines of less restrictive use diatriota. The application may include a proposed subsequent division of the in- volved tract or parcel of land into one or more separately owned and operated units. Such proposed subsequent division, if approved along with the planned de.: velopment, shall be permissible without further approvals otherwise any subse- quent diviaton of the planned development shall be permitted only upon application to the Board of Adjustment as provided in this At,tiole. (4) The proposed planned development must be s designed to pxwduoe an environment of stable and desirable character not out of harmony with its surrounding neighbor- hood, and must provide open .spaoo and off-street parkin gg facilities for the occupancy propoood, The proposed develop- ment must provide for park and recreation arras to satisfy the needs of tho area's antioipaied population as specified or recommended in the Master City Plan. (j) A conditional use of this oats cry may contain commercial and profesnf.onal uses as an in"Osral part of a planned reef.- dential development, However, such use shall be planned and based upon the we- quired service and convenience of resi- dents and employees working with, al- though not residents of, the planned residential development, ano bhall be authorized only to the extent that such uses are not available to the residenrs in close proximity of the planned devel- opmont. (6) Upon the abandonmont of any particular planned residential development projoot authorized under this subsection, or upon the exViration of the time limit that may have been iiet by the board o1 Y43~ Adjustment) as recommended by the Planning and Zoning Commission, for completion of the project (unless oommenoed and an ex- tension of time for oompletion has been granted), the authorization shall expire and the land and structures upon the site may be used without such approval for any other lawful purpose permitted within the zoning district in which the planned resi- dential development in question is located. ARTICLE 13.25 ZONING OF NEWLY ANNEWO TERRITORY All territory hereafter annexed to the City of Den- ton Texas, shall be classified as "R11 - Dwelling Die riot property until permanently zoned under the provioLons of Part 11 of this Chapter. The Planning and Zoning Commission shall, as soon as practicable after the annexation of any territory to the pity, institute proceedings on its own motion to perma- nently zone such newly annexed territory, and the Planning and Zoning Commission shall make a written recommendation to the C2ty Council as to the proper zoning for such territory. The procedure to be followed for the permanent zoning of newly annexed territory shall be the same as is provided by law for zoning changes. ARTICLE 13.26 NON-CONFORMING USES (a) Fxietin Uses Any use of property existing at the time of thepasnage of Part 11 of this Chapter which dogs not oonform to the regulations prescribed in the preoeeding Artioles of Part 11 of this Chapter shall be deemed a nonwoonforming use, (b) lteretion of Existing Properr,3r (1) The lawful use of a building at the time of the passage of Part 11 of this Chapter may be continued although such use does not conform to the provisions of Part TI of this Chapter; And any such ups may be extended throughout the building provided no structural alteration except those required by law or ordinance are rude therein, (2) If no structural alterations are made, a non-conforming use of a building may be changed to another nonooonforming use of the same or a more restricted olassi- fixation; provided, however, that in the event a non-oonforming use of a building is once changed to a non-oonformi.ng use of a higher or more restricted classifi- cation, it shall not later be changed to a lower or less restricted olassifi- cation. (3) f such non-conforming building is re m.)vod, every future use of the land or promises shall be in Conformity of the provisionn of Part 11 of this Chapter. t1~X (o) Resr~ ~orAtibn i,.f Da^___maRed Pro art Nothing in Part 11 of this Chapter shall be construed as preventing the restoration of a building destroyed to the extent of no more than seventy (70) percent of its reasonable value by fire, explosion, casualty, act of Clod, or a public enemy, nor the continued occupancy or use of such building or pert thereof, which existed at the time of such partial destruction, (d) R latio_ ~~,n of Noce-C~onfoming Ue_s_ The right to oonvinue a non-oonforming use shall be subject to 6uoh regulations as to maintenance of +ho premises and conditions of operation as may, at the discretion of of the 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 the purposes of this Artiolo, abandonment or discontinuance shall be designed as followst (1) when land being used for it non-oonforming usu without a building or structure shall cease to be used in a bona fide manner for one (1) calendar month; (2) when a building or structure is designed or arranged for a non-oonforming use and shall cease to be used in a bona fide manner as a non-conformins use fo(2a continuous period of twen y consecutive calendar months; (3) when a building or structure is designed or arranged for a oonforming use and shall cease to be used in a bona fide manner as a legal non-oonforming use for it period of twelve (12) oonsaoutive ! oalendar months. { The Board of Adjustment shall have the author- ity, upon substantial hardship, to extend the above limits not to exceed six {6) months. Certificate legal non-oonforming huses. issued for all 3 ARTICLE 1 3 27 ZONING MAP DESIGWAT IONS ( a) Dista~,n_ac~.~ d .Scale } (1) When definite distances in feet are not shown on thsZoning Map, the District j' boundaries of the Zoning.Map are intended to be alongg existing strest,Aalley, or property lines,or extensions of or from the same. (2) When the location of the District line in not otherwise determined, it shall be determined by the scalo of the map moastired from a given line, (b) Va~ir~tt G__,r__"ro~ur~c1_Muasur~,,, Whore the ctroet lay-out actually on the ground varies from the BoardtofaAdjustmontitmay applyo Zoning Map,.. . 45 the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular area in question, ARTICLE 13,29 coMPLETior, of Exif;TINa BUILDINGS (a) Construotion Nothing `herein shall require any change in the plans, oonstruotion, or desiggnated use of a build ng actually under oonsfruotion at the time of the pasne.ge of Part 11 of this Chapter, and which enttro building shall be completed' within one your from the dato of the passage of Part II of this Chapter. (b) Change Nothing herein contained shall require any change in plans, oonstouotion, or designated use of building for which a building permit has heretofore been issued, and which entire i' building shall be completed within six (6) months from the date of the passage of Part II of this Chapter. {a) Futur~o Changes If' an amendment it Part II of this Chapter is hereaftor adopted, changing the boundaries of districts, the provisions of Part 11 of r' this Chapter with regard to buildings or promisee existing or buildings under con- atruction, or building permits issued, at the time of the passage of Part II of this Chapter shall apply to buildings or premises existing, or buildings under construction, or building permits issued in the area affected by such amendment, at the time of the passage of such amendment. AV ICLE 13.29 BNYORCEWNT (a) Building Inspector The provisions of Part 11 of this Chapter shall be administered by !.he Building Inspector of ± the City of Dnjiton, Texas. (b)&tm All applications for building permits shall { be accompanied by a plat in duplicate, drawn to scale show in the aotual dimensions of the lot to be built upon, the size of the building to hl erected, and its pposition on the lot, and .,uoh other infolrmation as may be necessary to provide for the enforcement of these .regulations, do (a) Record" A oarofol. record of auoh applications and plats shall be maintainod by the Building Inspoot:or. ell 116 ARTICLE 13,30 ENFORCEMENT INTERPRETATION (a) Uses Prohibited by Other Ordinances Nothing in this ordinance shall be construed as repealing any existing ordinance of the City regulating nuisances or permitting uses which are now prohibited by ordinance, (b) Deed Restriotiens No provision or application of Part 11 of this C'zapter shall be oonstrued as affecting in any manner the rights of individual property owners to privately enforce deed restriotiono upon the use of any property zoned under the terms of this ordinance if such restrictions are of higher or more rostriotive olassifica- tion than the provisions contained herein. ARTICLE 13.31 GEWIFICATE OF OCCUPANCY AND COMPLIANCE (a) Certificate Required No existing building and/or no building here- after erected or structurally altered shall be used, occupied or changed in use until a Certificate of Occupancy and Compliance shall have been issued by the Building Inspector stating that the building or proposed use of a building or promisos complies with the build- ing laws and the provisions of these regula- tions. Y' (b) Application for Certifio~te s' (1) Certifloated of occupancy and Compliance shall be applied for ooineident, with the application for a building permit and shall be issued within ten (10) days after the oreotion or structural alteration of such buildings shall have boon oompleted ! in conformityy with the provisions of these regulations, s (2) A record of all certificates shall be kept on file in the office of 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 hOgUired No permit foci excavation for any building shall be issued before application has been made for a Certificate of Occupancy and Com- pliance. ARTICLE 13.3' ORANGES AND AMENDMENTS (a) Authority to Amend The City Council may from time to tirta on its own motion, or on petition of an interested property owner ar owners, amend, supplomont or ohanBo by ordinance the boundaries o'' the District's or the regulations herein established. (b) FinI~ei;tion;_Fee- Much and every= petition to the City Council, as provided in subsoolion (a) of this Article, shall. be Mod with the City Secretary prior ~~7 - to being presented to the City Council, and shall. be accompanied pby a ayable to ethe Thirty-fivo Dollars ($35.00), pay Texas, no part of whioh shall be returnable regardless of the action taken on the petition. (c) Referral to Planning and Zoning Commission Before taking any action on any proposed a.nend- ment, supplement or change, the City Council shall submit the same to the Planning and Zoning commission for its public hearing, recommendation and report. j (d) Public Hearing. and Notice (1) A public hoaring shall be hold by the City Council bofore adopting any suoh amendment, supplement or change, (2) Notice of such hearing shall be given in the manner prescribed by law, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication. (e) Amendment Over Protest Unless such proposed amendment, supplement or change has been approved by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change, has been filed with the City Secretary, duly signed and acknowledged byy the owners of twenty (20) per cent or more oithor of the area or the lots included in such proposed changes or those immediato'y adjacent in the rear thereof extend- ing two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of suoh opposite lots, such amendment supplement, or change shall not become effective xcembeby of three fourths (3/4) vote of all the the City Council. ARTME 13.33 BOARD Or ADJUST MM (a) A oaintmen.t and ~q~aliflloah The Board of Ad3ustment shall be appointed and qualified in accordance with Section 10,07(a), of the Charter of the City of Denton, Texas. (b) Powe, .~rs,_Qopreral, The Board of Adjustment may, in appropriate oases and subject to appropriate conditions and safeguards, make speoial exceptions to the terra of part 11 of this Chapter in harmony with the general purpose and intent herein expressed, and in accordance with tho general or specific rules herein contained, (c ) Etu The Board of Adlustmant may adopt rules governing its proceedings; provided, however, that such rules are not inconsistent wLt;t any provi.rii.on Of PfkVt* 11 of this Chapter, w7;CM (d) S roc if is Yow©r..i of the Board of Ad a,g ttmo nt The Board of Ad,ju'3tment shall have the following potoers t (1) to hoar and decide appeals whore it is alleged there is error in any order, re- quirement, decision, or determination made by an administrative official of the city of Denton in the enforcement of the provisions of Part 11 of this Chapterj (2) to hoar and decide special exceptions to the terms of :Cart II of this Chapter upon which the Doard is required to pass u!.ider the provisions of Part II of this Chapter, and (3) to authorize upon appeal in npoolfic oases such variance from the terms of Part rI of this Chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforoement of the provisions of part 11 of this Chapter will result' in unnecessary hardohip, atlb so that the spirit of Part Il of thle Chapter shall be observed and substantial justice done. (e) 8 ooial Exoeptione Tile Board of Adjustment may, as Special Exceptions to the regulations established in Part II of this Chapter,: (1) grant Conditional Use Permits in the manner specified in Article 13,24; (2) permit the reconstruction of a building oooupiea by a non-conforming use, or permit the extension of a non-o onforming use of a building upon the lot oooupled bby such building at the time of the ado tion of this ; ! Artiolej provided, however', tha, no such Special Exception shall be granted after a period of twelve (12) months from the adop- tion of this Article; {g) permit in any district such modification of the requirements applicable to the said district as the Board of Adjustment may degm necessary to seoure an appropriate develop- is ment of a lot where adjacent to such lot on i two or more sides there are buildings which I' do not conform to such regulations; (4) permit such modification of the yard and open space or lot area or lot width regu- lations as may bn deemed necessary to seoure an appropriate improvement of a parcel of land where such parcel of land was separately f owned or was subdivided prior to the effective date of the provisions of part 11 of this Chapter and where the granting of such appli- cation would not work un undue hardship on the landowners in the neighborhood and would not cause an undue fire hazard and would not mpterially or adversely affect pub.tio health, and where the refusal of the application would i4orlo an undue and unjust hardehi.p on the ap- ri].i.oantj the term "subdivided" ttm used in Y {his sutseotion shall mean such property as . )j9 . 'e shall Have been dividod in{;o lot's by separate deod€>, rocordod plaits or maps showing the ef.ze and l.ooat ion of e1011 lot, or by being separat;oly rendorod for taxation with the Oity Tax Assessor-Co.lloctor; or (5) permit the extension of a building, existing at the timo of the effectivedate of the provisions of Part II of this Chapter, by the oonstruotion of additional stories above the hoight limit established for the distriot in which atich building is looetod,, if the original plans provided for such additional stories and such building was actually de signed and constructed to carry such addi- tional stories. ARTICLE 1.3, 314 PENALTY FOR VIOLATION (a) Vir.'ations Any person, assooiatiaj of persons, firm or corporation violating any of the provisions of Part II of this Chapter, or failing to comply therewith, or with any of the requirements there. of, or building or altering any building or structure in violation of any detailed statement or plan submitted and approved horeunder, shall be guilty of a misdemeanor and, upon conviction, shall be fined any sum not loss than Five Dollars ($5.00) nor more than Two Hundred Dollars (€p200.00), and each day any such violation continues shall constitute a separate offonse, (b) Persw oa Rosj2pnsible for Violations The owner or owners of any building, structure i or promises, or, parr thereof, where anything in violation of Part: 11 of this Chapter shall be plaoed or shall exist, and any arohiteot, bvilder, oontraotor, agent, person, firm or corporation employed in oonnection therewith and who assisted in the commission of any such violation shall each be guilty of a separate offense, and, upon conviction thereof, shall be fined as provided in subseolion (a) of this Artiols. SECT That all ordinances ur parts of ordinances in force wham the provisions of thie ordinance bocome effective which are in- oonsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict, ECfP2 N 3. That if an Section Article Y , , paragraph, sentence, clause or phrase contained in this ordinance, or if the application thereof to any person or oiroumstanoes, is held invalid by a court + `.1 of oompetont jurisilotion, such invalidity shall not affect' any ;1 othor provisions or applicatior$ of this ordinance whioh can he given effeot without the invalid provision or application, and the provisions of this ordinlnce are hereby declared to be severable, SECTION . That a descriptive onp"ion of this ordinance stating in summary the purpose of this urdinancai and the penalty for violation hereof shall be published twioe in the Denton Reoord•.0hron14:t10 within tqn (10) days after thu final passage, hereof. tit o i r!; $I9CT2(1N; That this ordinance shall bocor,ie <ffectivo foulrtoon (1)4) days from the dato of Its final passage. PASSED AND PINALI,X APPROVED] this day of A. D. 1961. yof Denton, Texas CiTr ATTRlei Ila 1 'L~~'y~eare ary ` City of Denton, Texan APPfiDV "T TC/j EPAL FORMt City of Denton, Texas r' I .tl z a z r 4 i i. .S i 51 4 f i e i F Fl LE F