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SAOur Documents\Ordinances\03\SI03-0023.doc
ORDINANCE NO. --;7? 4fi4 M
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 5 (ZONING DISTRICTS AND LIMITATIONS AND SUBCHAPTER 23
(DEFINITIONS) OF THE DENTON DEVELOPMENT CODE, PROVIDING FOR A PENALTY
CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (SI03-0023)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law on December 17, 2003, the
Planning and Zoning Commission recommended approval of certain changes to Subchapters 5 and
23; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subchapter 5 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other
provisions of subchapter 5 not inconsistent with the amendment shall remain in full force and effect.
SECTION 2. The definition of Major Event Entertainment, in Subchapter 23 of the
Development Code is hereby amended to:
Major Event Entertainment: A structure or area with a capacity of greater than 1,000 seats
for public performances and sporting events. Major event entertainment facilities include concert
halls, stadiums, and arenas.
All other provisions of subchapter 5 and 23 not inconsistent with the amendment shall
remain in full force and effect.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
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SAOur Documents\Ordinances\03\SI03-0023.doc
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the /t 7' day of , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
m
PAGE 2
Subchapter 23
.....................................
Development Code
EXHIBIT A
Subchapter 5 — Zoning Districts and Limitations
35.5.1 Rural Districts
Sections:
35.5.1.1 Purpose.
35.5.1.2 Permitted Uses.
35.5.1.3 General Regulations.
35.5.1.1 Purpose.
The purpose of a Rural District is to maintain an area of rural use within the City of Denton. Application of
this district will ensure that the farming, forest, environmental and scenic values of these areas are protected
from incompatible development that may result in a degradation of their values. Land Use categories within a
Rural District include:
RD-5 Rural Residential
RC Rural Commercial
35.5.1.2 Permitted Uses.
The following uses and their accessory uses are permitted as contained in the use table below:
Residential Land Use Categories
Agriculture
RD-5
P
RC
P
Livestock
L(7)
L(7)
Single Family Dwellings
P
P
Accessory Dwelling Units
P
P
Attached Single Family Dwellings
N
N
Dwellings Above Businesses
N
P
LiveMork Units
P
P
Duplexes
N
N
Community Homes For the Disabled
P
P
Group Homes
SUP
SUP
Multi -Family Dwellings
N
SUP
Manufactured Housing Developments
P
P
Subchapter 23
.....................................
Development Code
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Commercial Land Use Categories
Home Occupation
■
P
P
Sale of Products Grown on Site
P
P
Hotels
N
N
Motels
N
N
Bed and Breakfast
L(10)
P
Retail Sales and Service
N
N
Movie Theaters tress than 1,000-seats
N
N
Restaurant or Private Club
N
L(11)
Drive -through Facility
N
N
Professional Services and Offices
N
L(15)
Quick Vehicle Servicing
N
N
Vehicle Repair
N
P
Auto and RV Sales
N
N
Laundry Facilities
N
N
Equestrian Facilities
P
P
Outdoor Recreation
P
P
Indoor Recreation
N
N
Major Event Entertainment
N
SUP
Commercial Parking Lots
N
N
Administrative or Research Facilities
SUP
Q15)
Broadcasting of Production Studio
SUP
P
Sexually Oriented Business
N
SUP/
L(32)
Temporary Uses
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
23
Development Code
Subchapter 23
...............................de..................................................................................................................................................................................................................
Development Code
Industrial Land Use Categories
Printing / Publishing
RID-5
N
RC
N
Bakeries
N
L(21)
Manufacture of Non -odoriferous Foods
N
N
Feed Lots
SUP
N
Food Processing
N
N
Light Manufacturing
N
SUP /
L(24)
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
P
P
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Kennels
L(14)
L(14)
Veterinary Clinics
P
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Gas Wells
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
.....................................
Development Code
Institutional Land Use Categories
Basic Utilities
RD-5
P
RC
P
Community Service
N
P
Parks and Open Space
P
P
Churches
P
P
Semi-public, Halls, Clubs, and Lodges
N
P
Business / Trade School
N
N
Adult or Child Day Care
P
P
Kindergarten, Elementary School
P
P
Middle School
N
N
High School
N
N
Colleges
N
N
Hospital
N
N
Elderly Housing
N
N
Medical Centers
N
N
Cemeteries
N
N
Mortuaries
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
.....................................
Development Code
35.2.1.3 General Regulations.
General regulations within the Rural District are as follows:
Subdivision of less than 10 acres, and all lots that are adjacent to the perimeter of a subdivision:
General Regulations
RD-5
RC
Minimum lot area
5 acres
2 acres
Minimum lot width
200 feet
100 feet
Minimum lot depth
250 feet
200 feet
Minimum front yard
50 feet
50 feet
Minimum side yard
10 feet
10 feet
Minimum side yard adjacent to street
50 feet
50 feet
10 feet, plus 1 foot
Minimum rear yard
for each foot of
building height over
20 feet
The following limits apply to subdivision of more than 10 acres in lieu of minimum lot size and dimension
requirements:
General Regulations •D
Maximum density, dwelling units per acre
Minimum building separation 30 feet 30 feet
The following limits apply to all buildings:
General Regulations
RD-5
RC
Maximum lot coverage except for
15%
35%
agricultural buildings
Minimum landscaped area
75%
65%
Maximum building height
65 feet
65 feet
Maximum FAR except for single-family
None
0.25
uses
10 feet,
plus 1
Minimum yard when a use other than
None
foot for
each
single family abuts a residential zone
foot of
building
height
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
35.5.2 Neiahborhood Residential
Sections:
35.5.2.1 Purpose.
35.5.2.2 Permitted Uses.
35.5.2.3 General Regulations.
35.5.2.1 Purpose.
The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and
to ensure that any new development is compatible with existing land uses, patterns, and design standards. Land
Use categories within the Neighborhood Residential areas include:
NR-1
Neighborhood Residential 1
NR-2
Neighborhood Residential 2
NR-3
Neighborhood Residential 3
NR-4
Neighborhood Residential 4
NR-6
Neighborhood Residential 6
NRMU-12
Neighborhood Residential Mixed Use 12
NRMU
Neighborhood Residential Mixed Use
35.5.2.2 Permitted Uses.
The following uses and their accessory uses are permitted within the Neighborhood Residential districts:
(Amended 10/15/2002)
Agriculture
P
P
P
P
P
12
P
P
Livestock
L(7)
L(7)
L(7)
L(7)
L(7)
L(7)
L(7)
Single Family Dwellings
P
P
P
P
P
P
N
Accessory Dwelling Units
SUP
L(1)
SUP
Lill
SUP
L(1)
SUP
L(1)
SUP
L(1)
L(1)
N
Attached Single Family Dwellings
N
N
SUP
SUP
P
P
L(40)
Dwellings Above Businesses
N
N
N
N
N
P
P
LIvehVork Units
N
N
N
N
L(16)
P
P
Duplexes
N
N
N
L(3)
P
P
N
Community Homes For the Disabled
P
P
P
P
P
P
P
Group Homes
N
N
N
N
N
SUP
SUP
Multi -Family Dwellings
N
N
N
N
N
p
SUP
L(4)
Manufactured Housing Developments
N
SUP
N
N
SUP
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
Home Occupation
P
P
P
P
P
12
P
P
Sale of Products Grown on Site
N
N
N
N
N
N
N
Hotels
N
N
N
N
N
N
P
Motels
N
N
N
N
N
N
N
Bed and Breakfast
N
N
N
N
N
L(10)
P
Retail Sales and Service
N
N
N
N
N
L(15)
L(17)
Movie Theater
N
N
N
N
N
N
6(44>N
Restaurant or Private Club
N
N
N
N
N
N
L(11)
Drive -through Facility
N
N
N
N
N
N
SUP
Professional Services and Offices
N
N
N
N
N
L(14)
L(17)
Quick Vehicle Servicing
N
N
N
N
N
N
SUP
Vehicle Repair
N
N
N
N
N
N
N
Auto and RV Sales
N
N
N
N
N
N
N
Laundry Facilities
N
N
N
N
N
P
P
Equestrian Facilities
SUP
SUP
N
N
N
N
N
Outdoor Recreation
P
P
P
P
P
SUP
SUP
Indoor Recreation
N
N
N
N
N
N
N
Major Event Entertainment
N
N
N
N
N
N
N
Commercial Parking Lots
N
N
N
N
N
N
N
Administrative or Research Facilities
N
N
N
N
N
N
L(14)
Broadcasting of Production Studio
N
N
N
N
I N
I N
L(14)
Sexually Oriented Business
N
N
N
N
N
N
N
Temporary Uses
L(38)
L(38)
L(38)
L(38)
L(38)
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
23
Development Code
Printing / Publishing
N
N
N
N
N
12
N
7L(21)
Bakeries
N
N
N
N
N
N
Manufacture of Non -odoriferous Foods
N
N
N
N
N
N
N
Feed Lots
N
N
N
N
N
N
N
Food Processing
N
N
N
N
N
N
N
Light Manufacturing
N
N
N
N
N
N
N
Heavy Manufacturing
N
N
N
N
N
N
N
Wholesale Sales
N
N
N
N
N
N
N
Wholesale Nurseries
N
N
N
N
N
N
N
Distribution Center
N
N
N
N
N
N
N
Wholesale Storage and Distribution
N
N
N
N
N
N
N
Self-service Storage
N
N
N
N
N
N
N
Construction Materials Sales
N
N
N
N
N
N
N
Junk Yards and Auto Wrecking
N
N
N
N
N
N
N
Kennels
L(37)
L(37)
N
N
N
N
N
Veterinary Clinics
L(14)
L(14)
N
N
N
N
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
N
N
N
Gas Wells
L(27)
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
Subchapter23
......................................................................................................................................................................................................................................
De................
velopment Code
Institutional Land Use tategoriles
tilities
L(25)
L(25)
L(25)
L(25)
L(25)
12
L(25)
L(25)
Community Service
N
N
N
N
N
P
P
Parks and Open Space
P
P
P
P
P
P
P
Churches
P
P
P
P
P
P
P
Semi-public, Halls, Clubs, and Lodges
SUP
SUP
SUP
SUP
SUP
L(15)
P
Business / Trade School
N
N
N
N
N
N
L(14)
Adult or Child Day Care
SUP
SUP
SUP
SUP
SUP
P
P
Kindergarten, Elementary School
SUP
SUP
SUP
SUP
SUP
P
P
Middle School
N
N
N
N
N
P
P
High School
N
N
N
N
N
N
SUP
Colleges
N
N
N
N
N
N
N
Hospital
N
N
N
N
N
N
N
Elderly Housing
N
N
N
N
SUP
L(13)
P
Medical Centers
N
N
N
N
N
N
P
Cemeteries
N
N
N
N
N
N
N
Mortuaries
N
N
N
N
N
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
.....................................
Development Code
35.5.2.3 General Regulations.
General regulations of the Residential Neighborhood land use zone are contained in the table below:
The following limits apply to subdivision of 2 acres or less:
Minimum lot area (square feet)
32,000
16,000
10,000
7,000
6,000
12
3,500
2.500
Minimum lot width
80 feet
80 feet
60 feet
50 feet
50 feet
30 feet
20 feet
Minimum lot depth
100 feet
100 feet
80 feet
80 feet
80 feet
80 feet
50 feet
Minimum front yard setback
20 feet
20 feet
15 feet
L(2)
20 feet
L(2)
10 feet
10 feet
None
Minimum side yard
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
Minimum side yard adjacent to a street
10 feet
10 feet
10 feet
10 feet
10 feet
10 feet
None
Minimum rear yard
10 feet
10 feet
10 feet
10 feet
10 feet
10 feet
None
The following limits apply to subdivision of more than 2 acres in lieu of minirnum lot size and dimension
requirements:
The following limits apply to all buildings:
12
Maximum lot coverage
30%
30%
50%
60%
60%
60%
80%
Minimum landscaped area
70%
70%
50%
40%
40%
40%
20%
Maximum building height
40 feet
40 feet
40 feet
40 feet
40 feet
40 feet
65 feet
10 feet
10 feet
10 feet
10 feet
10 feet
15 feet
20 feet
plus 1
plus 1
plus 1
plus 1
plus 1
plus 1
plus 1
footfor
footfor
footfor
footfor
footfor
footfor
footfor
Minimum yard when abutting a single-
each
each
each
each
each
each
each
family use or district
foot of
foot of
foot of
foot of
foot of
foot of
foot of
building
building
building
building
building
building
building
height
height
height
height
height
height
height
above
above
above
above
above
above
above
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
23
Development Code
35.5.3 Downtown
Sections:
35.5.3.1
Purpose.
35.5.3.2
Permitted Uses.
35.5.3.3
General Regulations.
Core.
35.5.3.1 Purpose.
The purpose of the Downtown University Core District is to encourage mixed use developments within
specified commercial areas of the district. This district is a pedestrian friendly district. Land Use categories
within this district include:
DR-1
Downtown Residential 1
DR-2
Downtown Residential 2
DC-N
Downtown Commercial Neighborhood
DC-G
Downtown Commercial General
35.5.3.2 Permitted Uses.
The following uses are permitted within the Downtown University Core District: (Amended 10/15/2002)
Residential Land Use Categories
Agriculture
■-
P
P
P
P
Livestock
L(7)
L(7)
L(7)
L(7)
Single Family Dwellings
P
P
N
N
Accessory Dwelling Units
P
P
N
N
Attached Single Family Dwellings
N
P
P
P
Dwellings Above Businesses
N
P
P
P
Live/Work Units
P
P
P
P
Duplexes
P
P
P
N
Community Homes For the Disabled
P
P
P
P
Group Homes
N
N
N
SUP
Multi -Family Dwellings
N
L(5)
L(5)
L(5)
Manufactured Housing Developments
EN
N
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
Commercial Land Use Categories
Home Occupation
D•
P
D•
P
i
P
P
Sale of Products Grown on Site
N
N
N
N
Hotels
N
N
N
P
Motels
N
N
N
N
Bed and Breakfast
L(8)
L(9)
P
P
Retail Sales and Service
N
L(15)
L(17)
P
Movie Theaters
N
N
RSUP
RSUP
Restaurant or Private Club
N
N
L(11)
P
Drive -through Facility
N
N
N
SUP
Professional Services and Offices
N
L(15)
L(17)
P
Quick Vehicle Servicing
N
N
N
SUP
Vehicle Repair
N
N
N
SUP
Auto and RV Sales
N
N
N
L(20)
Laundry Facilities
N
P
P
P
Equestrian Facilities
N
N
N
N
Outdoor Recreation
N
N
N
N
Indoor Recreation
N
N
N
P
Major Event Entertainment
N
N
N
SUP
Commercial Parking Lots
N
N
L(28)
L(28)
Administrative or Research Facilities
N
SUP
L(14)
P
Broadcasting of Production Studio
N
SUP
P
P
Sexually Oriented Business
N
N
N
N
Temporary Uses
L(38)
L(38)
L(38)
I L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Subchapter 23
....................................
Development Code
Industrial Land Use Categories
Printing / Publishing
D-
N
D-
N
N
P
Bakeries
N
N
L(21)
P
Manufacture of Non -odoriferous Foods
N
N
N
N
Feed Lots
N
N
N
N
Food Processing
N
N
N
N
Light Manufacturing
N
N
N
N
Heavy Manufacturing
N
N
N
N
Wholesale Sales
N
N
N
SUP/
L(36)
Wholesale Nurseries
N
N
N
SUP/
L(36)
Distribution Center
N
N
N
N
Wholesale Storage and Distribution
N
N
N
N
Self-service Storage
N
N
N
N
Construction Materials Sales
N
N
N
N
Junk Yards and Auto Wrecking
N
N
N
N
Kennels
N
N
N
N
Veterinary Clinics
N
SUP
L(26)
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
Gas Wells
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
Institutional Land Use Categories
Basic Utilities
■-
SUP
■'
SUP
■
SUP
■
SUP
Community Service
N
N
P
P
Parks and Open Space
P
P
P
P
Churches
P
P
P
P
Semi-public, Halls, Clubs, and Lodges
P
P
P
P
Business / Trade School
N
N
L(26)
P
Adult or Child Day Care
P
P
P
P
Kindergarten, Elementary School
P
P
P
N
Middle School
N
P
P
N
High School
N
N
N
N
Colleges
N
N
SUP
P
Hospital
N
N
P
P
Elderly Housing
N
N
L(13)
P
Medical Centers
N
SUP
P
P
Cemeteries
N
N
N
N
Mortuaries
N
N
P
P
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Subchapter 23
.......................... C",o.....
Development Code
35.5.3.3 General Regulations.
General regulations of the Downtown University Core District are as follows:
General Regulations
D•
D'
Minimum lot are (square feet
4,000
4,000
2,500
None
Minimum lot width
50 feet
40 feet
20 feet
None
Minimum lot depth
80 feet
80 feet
50 feet
None
Minimum front yard setback
10 feet
10 feet
None
None
Minimum side yard
6 feet
6 feet
None
None
Minimum side yard adjacent to a street
10 feet
10 feet
None
None
Minimum rear yard
10 feet
10 feet
None
None
10 feet
10 feet
15 feet
20 feet
plus 1
plus 1
plus 1
plus 1
foot for
footfor
footfor
footfor
Minimum yard abutting a single family
each
each
each
each
use or district
foot of
foot of
foot of
foot of
building
building
building
building
height
height
height
height
over 30
over 30
over 30
over 30
feet
feet
feet
feet
Minimum residential unit size
700 SF
500 SF
500 SF
500 SF
Maximum FAR
0.50
0.75
1.5
3.0
Maximum density, dwelling units per acre
8
30
72
150
Maximum lot coverage
60%
75%
80%
85%
Minimum landscaped area
40%
25%
20%
15%
Maximum building height
40 feet
45 feet
100 feet/
100 feet/
L(33)
L(33)
Subchapter 23
.....................................
Development Code
35.5.4 Community Mixed Use Centers.
Sections:
35.5.4.1 Purpose.
35.5.4.2 Permitted Uses.
35.5.4.3 General Regulations.
35.5.4.1 Purpose.
The purpose of the Community Mixed Use Centers is to provide the necessary shopping, services, recreation,
employment and institutional facilities that are required and supported by the surrounding community. Land
Use categories within the Community Mixed Use Centers include:
CM-G Community Mixed Use General
CM-E Community Mixed Use Employment
35.5.4.2 Permitted Uses.
The following uses are pemvtted within Community Mixed Use Centers:
CategoriesResidential Land Use
Agriculture
P
P
Livestock
L(7)
L(7)
Single Family Dwellings
N
N
Accessory Dwelling Units
N
N
Attached Single Family Dwellings
N
N
Dwellings Above Businesses
P
N
LiveMork Units
P
N
Duplexes
N
N
Community Homes For the Disabled
P
P
Group Homes
N
N
Multi -Family Dwellings
L(6)
L(6)
Manufactured Housing Developments
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, Li = Limited as defined in Section 35.5.8
23
Development Code
Commercial Land Use Categories
Home Occupation
CM-G
N
CWE
N
Sale of Products Grown on Site
N
N
Hotels
P
P
Motels
P
P
Bed and Breakfast
P
N
Retail Sales and Service
P
L(14)
Movie Theaters Less thaR 4,000-seats
RSUP
N
Restaurant or Private Club
P
L(14)
Drive -through Facility
P
P
Professional Services and Offices
P
P
Quick Vehicle Servicing
P
P
Vehicle Repair
P
P
Auto and RV Sales
P
P
Laundry Facilities
P
P
Equestrian Facilities
N
N
Outdoor Recreation
P
N
Indoor Recreation
P
P
Major Event Entertainment
SUP
N
Commercial Parking Lots
P
P
Administrative or Research Facilities
P
P
Broadcasting of Production Studio
P
P
Sexually Oriented Business
N
N
Temporary Uses
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
Industrial Land Use Catego,
Printing / Publishing
I
P
L(25)
Bakeries
P
L(25)
Manufacture of Non -odoriferous Foods
N
L(25)
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
N
N
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
N
N
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Kennels
N
N
Veterinary Clinics
P
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Gas Wells
SUP
L(27)
SUP
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
Institutional Land Use Categories
Basic Utilities
SUP
SUP
Community Service
P
P
Parks and Open Space
P
P
Churches
P
P
Semi-public, Halls, Clubs, and Lodges
P
P
Business / Trade School
P
P
Adult or Child Day Care
P
N
Kindergarten, Elementary School
N
N
Middle School
N
N
High School
N
N
Colleges
P
P
Hospital
N
N
Elderly Housing
N
N
Medical Centers
P
P
Cemeteries
N
N
Mortuaries
P
P
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
.....................................
Development Code
35.5.4.3 General Regulations.
General regulations of the Community Mixed Use Centers are in the table below:
General Regulations
CM-G
CIVI-E
Minimum lot area (square feet)
2,500
2,500
Minimum lot width
50 feet
50 feet
Minimum lot depth
50 feet
50 feet
Minimum front yard setback
None
10 feet
Minimum side yard
None
None
Minimum side yard adjacent to a street
None
10 feet
20 feet,
plus 1
footfor
Minimum yard abutting a residential use
20 feet
each
foot of
or district
building
height
above
30 feet
Maximum FAR
1.5
0.75
Minimum residential unit size
500 SF
None
Maximum lot coverage
80%
85%
Minimum landscaped area
20%
15%
Maximum building height
65 feet
65 feet
Subchapter 23
.....................................
Development Code
3&&5
Sections:
35.5.5.1
35.5.5.2
35.5.5.3
Mixed Use Centers
Purpose.
Permitted Uses.
General Regulations.
35.5.5.1 Purpose.
The purpose of Regional Mixed Use Centers is to create centers of activity including shopping, services,
recreation, employment and institutional facilities supported by and serving an entire region. Land Use
categories within Regional Mixed Use Centers include:
RCR-1 Regional Center Residential 1
RCR-2 Regional Center Residential 2
RCC-N Regional Center Commercial Neighborhood
RCC-D Regional Center Commercial Downtown
35.5.5.2 Permitted Uses.
The following uses are permitted within Regional Mixed Use Centers:
Residential Land Use Categories
Agriculture
RCR-1
P
RCR-2
P
RCC-N
P
■
P
Livestock
L(7)
L(7)
L(7)
L(7)
Single Family Dwellings
N
N
N
N
Accessory Dwelling Units
N
N
N
N
Attached Single Family Dwellings
P
P
P
P
Dwellings Above Businesses
P
P
P
P
Live/Work Units
P
P
P
P
Duplexes
N
N
N
N
Community Homes For the Disabled
P
P
P
P
Group Homes
SUP
SUP
SUP
SUP
Multi -Family Dwellings
P
P
L(6)
L(6)
Manufactured Housing Developments
N
N
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined In Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
Commercial Land Use Categor�ies__
Home Occupation
P
P
P
P
Sale of Products Grown on Site
N
N
N
N
Hotels
N
N
P
P
Motels
N
N
P
N
Bed and Breakfast
L(8)
L(9)
L(9)
P
Retail Sales and Service
L(17)
L(17)
L(13)
P
Movie Theaters6ass than 4;098AAats
NSUP
NSUP
P
P
Restaurant or Private Club
L(11)
L(11)
P
P
Drive -through Facility
N
N
P
P
Professional Services and Offices
L(15)
L(14)
L(14)
P
Quick Vehicle Servicing
N
N
P
P
Vehicle Repair
N
N
N
P
Auto and RV Sales
N
N
N
P
Laundry Facilities
P
P
P
P
Equestrian Facilities
N
N
N
N
Outdoor Recreation
SUP
SUP
N
N
Indoor Recreation
N
N
P
P
Major Event Entertainment
N
N
SUP
SUP
Commercial Parking Lots
N
N
P
P
Administrative or Research Facilities
SUP
SUP
L(14)
P
Broadcasting of Production Studio
SUP
SUP
P
P
Sexually Oriented Business
N
N
N
N
Temporary Uses
L(38)
L(38)
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
Printing / Publishing
N
N
N
N
Bakeries
N
N
L(21)
P
Manufacture of Non -odoriferous Foods
N
N
N
N
Feed Lots
N
N
N
N
Food Processing
N
N
N
N
Light Manufacturing
N
N
N
L(23)
Heavy Manufacturing
N
N
N
N
Wholesale Sales
N
N
N
N
Wholesale Nurseries
N
N
N
N
Distribution Center
N
N
N
N
Wholesale Storage and Distribution
N
N
N
N
Self-service Storage
N
N
N
N
Construction Materials Sales
N
N
N
N
Junk Yards and Auto Wrecking
N
N
N
N
Kennels
N
N
N
N
Veterinary Clinics
SUP
SUP
L(14)
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
Gas Wells
L(27)
L(27)
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
Basic Utilities
SUP
SUP
SUP
SUP
Community Service
P
P
P
P
Parks and Open Space
P
P
P
P
Churches
P
P
P
P
Semi-public, Halls, Clubs, and Lodges
P
P
P
P
Business / Trade School
N
N
L(14)
P
Adult or Child Day Care
P
P
P
P
Kindergarten, Elementary School
P
P
P
N
Middle School
P
P
P
P
High School
SUP
SUP
P
P
Colleges
N
N
P
P
Hospital
N
N
P
P
Elderly Housing
P
P
P
P
Medical Centers
SUP
SUP
P
P
Cemeteries
N
N
N
N
Mortuaries
N
N
P
P
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
35.5.5.3 General Regulations.
General regulations of the Regional Mixed Use Centers are contained in the table below:
General Regulations
RCR-I
RCR-2
Minimum lot area (square feet)
None
None
None
None
Minimum lot width
50 feet
20 feet
20 feet
None
Minimum lot depth
80 feet
60 feet
50 feet
None
Minimum front yard setback
10 feet
10 feet
10 feet
None
Minimum side yard
6 feet
6 feet
6 feet
None
Minimum side yard adjacent to a street
10 feet
10 feet
6 feet
None
10 feet
10 feet
plus 1
plus 1
foot for
footfor
each
each
Minimum rear yard
foot of
foot of
None
None
building
building
height
height
above
above
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
plus 1
plus 1
plus 1
plus 1
foot for
foot for
foot for
footfor
Minimum yard abutting a single family
each
each
each
each
use or district
foot of
foot of
foot of
foot of
building
building
building
building
height
height
height
height
above
above
above
above
30 feet
30 feet
30 feet
30 feet
Minimum residential unit size
600 SF
500 SF
500 SF
500 SF
Maximum FAR
0.50
0.75
1.5
3.0
Maximum Density, dwelling units per
30
40
80
100
acre
Maximum Lot Coverage
55%
75%
85%
90%
Minimum Landscaped Area
45%
75%
15%
10%
Maximum building height
40 feet
50 feet
65 feet
100 feet
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
35.5.6 Emnlovment Centers
Sections:
35.5.6.1 Purpose.
35.5.6.2 Permitted Uses.
35.5.6.3 General Regulations.
35.5.6.1 Purpose.
The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary
uses. Land Use categories within Employment Centers include:
EC-C Employment Center Commercial
EC -I Employment Center Industrial
35.5.6.2 Permitted Uses.
The following uses and their accessory uses are permitted within the Employment Centers:
Residential Land Use Categories
Agriculture
P
P
Livestock
L(7)
L(7)
Single Family Dwellings
N
N
Accessory Dwelling Units
N
N
Attached Single Family Dwellings
N
N
Dwellings Above Businesses
N
N
Live/Work Units
N
N
Duplexes
N
N
Community Homes For the Disabled
N
N
Group Homes
N
N
Multi -Family Dwellings
N
N
Manufactured Housing Developments
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
.....................................
Development Code
Home Occupation
N
N
Sale of Products Grown on Site
N
N
Hotels
P
P
Motels
P
N
Bed and Breakfast
N
N
Retail Sales and Service
P
N
Movie Theaters
RN
N
Restaurant or Private Club
P
P
Drive -through Facility
P
P
Professional Services and Offices
P
P
Quick Vehicle Servicing
P
P
Vehicle Repair
P
P
Auto and RV Sales
P
P
Laundry Facilities
P
P
Equestrian Facilities
N
N
Outdoor Recreation
P
N
Indoor Recreation
P
P
Major Event Entertainment
P
P
Commercial Parking Lots
P
P
Administrative or Research Facilities
P
P
Broadcasting of Production Studio
P
P
Sexually Oriented Business
N
N
Temporary Uses
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
23
Development Code
CategoriesIndustrial Land Use
Printing / Publishing
P
P
Bakeries
P
P
Manufacture of Non -odoriferous Foods
P
P
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
P
P
Heavy Manufacturing
N
N
Wholesale Sales
P
P
Wholesale Nurseries
N
L(32)
Distribution Center
N
P
Wholesale Storage and Distribution
N
L(34)
Self-service Storage
P
P
Construction Materials Sales
N
P
Junk Yards and Auto Wrecking
N
N
Kennels
P
P
Veterinary Clinics
P
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Gas Wells
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
.....................................
Development Code
Institutional Land Use Categories
Basic Utilities
EC-C
P
EC-1
P
Community Service
P
P
Parks and Open Space
P
P
Churches
P
P
Semi-public, Halls, Clubs, and Lodges
P
P
Business / Trade School
P
P
Adult or Child Day Care
P
P
Kindergarten, Elementary School
N
N
Middle School
N
N
High School
N
N
Colleges
P
P
Hospital
P
N
Elderly Housing
P
N
Medical Centers
P
N
Cemeteries
N
N
Mortuaries
P
P
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
23
Development Code
35.5.6.3 General Regulations.
General regulations of the Employment Center are as follows:
General Regulations
EC-C
EC-1
Minimum lot area (square feet)
2,900
2,500
Minimum lot width
20 feet
50 feet
Minimum lot depth
50 feet
50 feet
Minimum front yard setback
None
10 feet
Minimum side yard
None
None
Minimum side yard adjacent to a street
None
10 feet
30 feet,
30 feet,
plus 1
plus 1
footfor
foot for
Minimum yard abutting a single family
each
each
use or district
foot of
foot of
building
building
height
height
above
above
30 feet
30 feet
Maximum FAR
1.50
0.75
Maximum lot coverage
80%
85%
Minimum landscaped area
20%
15%
Maximum building height
100 feet
65 feet
Subchapter 23
................. o...................
Development Code
35.5.7 Industrial Centers
Sections:
35.5.7.1 Purpose.
35.5.7.2 Permitted Uses.
35.5.7.3 General Regulations.
35.5.7.1 Purpose.
The purpose of Industrial Centers is to provide locations for a variety of work processes and employment such
as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial
and industrial operations. Land Use categories within Industrial Centers include:
IC-E Industrial Center Employment
IC-G Industrial Center General
35.5.7.2 Permitted Uses.
The following uses are permitted within Industrial Centers:
Residential Land Use Categories
Agriculture
P
P
Livestock
L(7)
L(7)
Single Family Dwellings
N
N
Accessory Dwelling Units
N
N
Attached Single Family Dwellings
N
N
Dwellings Above Businesses
N
N
LiveNVork Units
N
N
Duplexes
N
N
Community Homes For the Disabled
N
N
Group Homes
N
N
Multi -Family Dwellings
N
N
Manufactured Housing Developments
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
.......................................................................................................................................................................................................................................I....I.........
Development Code
Commercial Land Use Categories
Home Occupation
N
N
Sale of Products Grown on Site
N
N
Hotels
P
N
Motels
P
N
Bed and Breakfast
N
N
Retail Sales and Service
N
N
Movie Theater
N
N
Restaurant or Private Club
L(14)
N
Drive -through Facility
N
N
Professional Services and Offices
P
P
Quick Vehicle Servicing
P
P
Vehicle Repair
P
P
Auto and RV Sales
P
P
Laundry Facilities
P
P
Equestrian Facilities
N
N
Outdoor Recreation
N
N
Indoor Recreation
P
N
Major Event Entertainment
P
N
Commercial Parking Lots
P
P
Administrative or Research Facilities
P
P
Broadcasting of Production Studio
P
P
Sexually Oriented Business
N
SUP /
L(32)
Temporary Uses
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
23
Development Code
Industrial Land Use Categories
Printing / Publishing
IC-E
L(25)
IC-G
L(25)
Bakeries
L(25)
P
Manufacture of Non -odoriferous Foods
L(25)
P
Feed Lots
N
N
Food Processing
N
P
Light Manufacturing
P
P
Heavy Manufacturing
N
SUP
Wholesale Sales
P
P
Wholesale Nurseries
P
P
Distribution Center
SUP
P
Wholesale Storage and Distribution
P
P
Self-service Storage
P
P
Construction Materials Sales
P
P
Junk Yards and Auto Wrecking
N
SUP
Kennels
N
N
Veterinary Clinics
N
N
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
SUP
Gas Wells
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
23
Development Code
Institutional Land Use Categories
Basic Utilities
P
P
Community Service
P
P
Parks and Open Space
P
P
Churches
P
P
Semi-public, Halls, Clubs, and Lodges
P
P
Business / Trade School
P
P
Adult or Child Day Care
L(19)
N
Kindergarten, Elementary School
N
N
Middle School
N
N
High School
N
N
Colleges
P
N
Hospital
N
N
Elderly Housing
N
N
Medical Centers
P
N
Cemeteries
N
N
Mortuaries
P
N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 23
......................................................................................................................................................................................................................................................
Development Code
35.5.7.3 General Regulations.
General regulations of the Industrial Centers are contained in the table below.
General Regulations
IC-E
C-d,
Minimum lot area (square feet)
2,500
5,000
Minimum lot width
50 feet
50 feet
Minimum lot depth
50 feet
50 feet
Minimum front yard setback
10 feet
10 feet
Minimum side yard
6 feet
6 feet
Minimum side yard adjacent to a street
10 feet
10 feet
30 feet,
30 feet,
plus 1
plus 1
footfor
footfor
Minimum yard when abutting a
each
foot of
each
foot of
residential use or district
building
building
height
height
above
above
30 feet
30 feet
Maximum FAR
0.75
0.40
Maximum lot coverage
60%
90%
Minimum landscaped area
20%
10%
Maximum building height
100 feet
65 feet
Subchapter 23
.....................................
Development Code
35.5.8 Limitations
The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but
limited
L(1) = Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback requirements of the
underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not
exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft.
GHFA.
4. One additional parking space shall be provided that conforms to the off-street parking provisions of
this Chapter.
L(2) = For infill lots, the front setback shall be an average of the adjacent lots.
L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots
which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual
common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter
13. Additionally, units must have the appearance of a single family residence from the street.
L(4) = Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with
office, retail or other permitted commercial or institutional uses.
L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units.
L(6) = Permitted only on 2^s story and above, when an office, retail, or other permitted commercial use is on
the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required.
L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be
added at a rate of one per each acre over three.
L(8) = Travelers' accommodations, are permitted, provided that:
1. The business -owner or manager shall be required to reside on the property occupied by the
accommodation, or adjacent property.
2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2
parking spaces. All spaces shall be in conformance with the requirements of the Off -Street Parking
section of this Chapter.
3. That only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated of 4
sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it
does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation.
4. That the number of accommodation units allowed shall be proportional to the permitted density of
the zone. Each travelers accommodation unit shall be counted as 0.6 units for the purpose of
calculating the permitted number of traveler's accommodations.
5. All travelers accommodations shall be within 200 feet of a collector or arterial. Street designations
shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street
or alley access to the site from the arterial.
6. Excluding the business -owners unit and the area of the structure it will occupy, there must be at least
400 sq. ft. of gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest units.
Subchapter 23
....................................
Development Code
L(9) = All restrictions of L(8), but limited to no more than 15 guest units.
L(10) = All restrictions of L(8), but limited to no more than 5 guest units.
L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and
no more than 4,000 square feet of restaurant area.
L(12) =
L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for
additional square footage for Semi -Public Halls, Clubs and Lodges.
L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot.
L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores
may be larger with approval of an SUP.
L(18) =
L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use
is limited to those employees or owners of the business or businesses within the same structure.
L(20) = Permitted, but outdoor storage of autos prohibited.
L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced
required in this zone.
L(22) =
L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000
square feet.
L(24) = light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500
square feet.
L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit.
L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot.
L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L(28) = Use allowed as put of consolidated parking plan.
L(29) =
L(30) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other
permitted commercial, or institutional uses, equal to at least 15% of the floor space of the residential use along
MY avenue, collector, or arterial street, otherwise these uses are not required.
L (31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other
permitted commercial, or institutional uses, equal to at least 25% of the floor space of the residential use along
any avenue, collector, or arterial street, otherwise these uses are not required.
L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest
property line of a sexually oriented business to the nearest property line of any other sexually oriented business,
adult or child daycare, any elderly housing facility, hospital, any residential use, public open space.
L (33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views
of the Historic Courthouse are not blocked by the new structure(s) additional height.
Subchapter 23
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Development Code
L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays
shall be to the rear or side of the structure and not viewable from the street. The buffering standards for
outdoor storage shall apply, both to any outdoor storage activity and to the loading docks.
L (35) =
L (36) = Permitted when combined with retail sales.
L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor
and outdoor runs. A natural buffer strip is required adjacent to any residential use.
L (38) = Must meet the requirements of Section 35.12.8.
L (39) =
L (40) =Limited to a maximum 12 units per acre.
(Amended 10/15/2002)