The URL can be used to link to this page

Home My WebLink About2002-040FILE REFERENCE FORM 1 2002-040 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Ordinance No. 2002-201 - Addition of Subchapter 15 - Signs and Advertising Devices 06/18/02 JR Ordinance No. 2002-322 - Amendment to Subchapter 7 - Addition of Historic Conservation Districts 09/17/02 JR Ordinance No. 2002-347 - Amendment to Subchapter 5 10/15/02 JR Ordinance No. 2002-348 - Amendment to Subchapter 5 10/15/02 JR Ordinance No. 2003-090 - Amendment to Subchapter 5 03/25/03 JR Ordinance No. 2003-165 - Amendment to Subchapter 9 06/03/03 JR Ordinance No. 2003-376 - Amendment to Subchapter 5 11/18/03 JR Ordinance No. 2003-377 - Amendment to Subchapter 12 11/18/03 JR Ordinance No. 2004-009 - Amendment to Subchapters 5 and 23 01/06/04 JR Ordinance No. 2004-059 - Amendment to Subchapters 3, 16, 17 & 22 03/02/04 JR Ordinance No. 2004-125 - Addition of Subchapter 24 04/20/04 JR Ordinance No. 2004-233 - Amendment to Subchapter 7 08/17/04 JR Ordinance No. 2004-332 - Amendment to Subchapters 3,13 & 23 10/19/04 JR Ordinance No. 2005-066 - Amendment to Subchapter 35 02/22/05 JR Ordinance No. 2005-099 - Amendment to Subchapter 35 03/22/05 JR Ordinance No. 2005-100 - Amendment to Subchapters 5 & 23 03/22/05 JR Ordinance No. 2005-176 - Amendment to Subchapter 14 06/21/05 JR Ordinance No. 2005-223 - Amendment to Subchapters 16 & 22 08/16/05 JR Ordinance No. 2005-224 - Amendment to Subchapters 5, 13, 14 & 23 08/16/05 JR Ordinance No. 2005-228 - Amendment to Subchapter 16 08/30/05 JR Ordinance No. 2005-243 - Amendment to Subchapter 12 09/06/05 JR Ordinance No. 2005-244 - Amendment to Subchapter 23 09/06/05 JR Ordinance No. 2005-366 - Amendment to Section 35.13.7 12/06/05 JR Ordinance No. 2006-011- Amendment to Section 35.13.7 01/03/06 JR Ordinance No. 2006-078 - Amendment to Section 35.4.4 03/07/06 JR Ordinance No. 2006-085 - Amendment to Sections 35.5 & 35.7 03/21/06 JR Ordinance No. 2006-125 - Amendment to Subchapter 16 05/02/06 JR FILE REFERENCE FORM 1 2002-040 Ordinance No. 2006-139 - Amendment to Subchapter 7 05/16/06 JR Ordinance No. 2006-201- Amendment to Subchapters 13 and 23 07/18/06 JR Ordinance No. 2006-221- Amendment to Sections 35.13.7 and 35.23 08/01/06 JR Ordinance No. 2006-252 - Amendment to Subchapters 3,13 and 17 09/12/06 JR Ordinance No. 2006-303 - Amendment to Subchapter 35.7 and 35.23 10/17/06 JR Ordinance No. 2006-322 - Amendment to Ordinance No. 2005-224 11/07/06 JR Ordinance No. 2006-349 - Amendment to Subchapters 35.12 and 35.23 12/12/06 JR Ordinance No. 2006-363 - Amendment to Subchapter 35.13 12/19/06 JR Ordinance No. 2007-070 - Amendment to Subchapter 35.16 03/27/07 JR Ordinance No. 2007-095 - Amendment to Subchapter 35.7, 35.13 & 35.23 05/01/07 JR Ordinance No. 2007-096 - Amendment to Subchapter 35.16 05/01/07 JR Ordinance No. 2007-110 - Amendment to Subchapter 35.7.13 05/15/07 JR Ordinance No. 2007-238 - Amendment to Subchapter 35.11.7 10/02/07 JR Ordinance No. 2007-249 - Amendment to Subchapter 23 10/16/07 JR Ordinance No. 2008-018 - Amendment to Subchapter 7.13 01/08/08 JR Ordinance No. 2008-019 - Amendments to Subchapter 35.16 01/08/08 JR Ordinance No. 2008-134 - Amendments to Subchapter 35.15.10 06/17/08 JR Ordinance No. 2008-136 - Amendment to Subchapter 7 06/17/08 JR Ordinance No. 2008-158 - Amendments to Subchapter 14 and 23 07/15/08 JR Ordinance No. 2008-284 - Amendment to Subchapter 35.7.13 11/04/08 JR Ordinance No. 2008-318 - Amendment to Subchapters 5 and 23 12/09/08 JR Ordinance No. 2008-320 - Amendment to Subchapters 18 and 23 12/09/08 JR Ordinance No. 2009-017 - Amendment to Subchapters 3 and 16 01/06/09 JR Ordinance No. 2009-082 - Amendment to Subchapters 12, 13, and 23 04/07/09 JR Ordinance No. 2009-083 - Amendment to Subchapters 13 and 23 04/07/09 JR Ordinance No. 2009-101- Amendment to Subchapters 12 and 23 04/21/09 JR Ordinance No. 2009-115 - Amendment to Subchapters 5 and 23 05/05/09 JR Ordinance No. 2009-116 - Amendment to Subchapter 23 05/05/09 JR Ordinance No. 2009-117 - Amendment to Section 35.7.13 05/05/09 JR Ordinance No. 2009-148 - Amendment to Subchapters 6,12 and 13 06/16/09 JR Ordinance No. 2009-169 - Amendment to Subchapter 35.7.13 07/21/09 JR Ordinance No. 2010-076 - Amendment to Subsection 35.14.3.B 03/02/10 JR Ordinance No. 2010-158 - Amendment to Subchapter 7 06/15/10 JR Ordinance No. 2010-181- Amendment to Subchapters 3, 16, 22 and 23 07/20/10 JR Ordinance No. 2010-182 - Amendment to Section 35.7.5 (Fry Street Special Purpose Overlay District) 07/20/10 JR FILE REFERENCE FORM 1 2002-040 Ordinance No. 2010-183 - Supersedes and repeals Section 4 of Ordinance 2010-181 08/02/10 JR Ordinance No. 2010-195 - Amendment to Subchapter 5 08/17/10 JR Ordinance No. 2010-196 - Amendment to Subchapters 3, 16, 22, and 23 08/17/10 JR Ordinance No. 2011-088 - Amendment to Subchapter 35.5 05/17/11 JR Ordinance No. 2011-089 - Amendment to Subchapters 13, 20 and 23 05/17/11 JR Ordinance No. 2011-125 - Amendment to Subchapters 14 and 23 08/02/11 JR Ordinance No. 2011-225 - Amendment to Rayzor Ranch Overlay District - Section 35.7.15 11/01/11 JR Ordinance No. 2011-235 - Amendment to Subchapter 4 (addition of Section 35.4.4.3) 11/15/11 JR Ordinance No. 2012-155 - Amendment to Subchapter 35.5, 35.12, 35.14 and 35.23 07/17/12 JR Ordinance No. 2012-172 - Amendment to Subchapter 35.12 08/07/12 JR Ordinance No. 2012-335 - Amendment to Subchapter 35.3.8 12/04/12 JR Ordinance No. 2013-014 - Amendment to Subchapter 22 - Gas Well Drilling and Production 01/15/13 JR Ordinance No. 2013-045 - Amendment to Subchapter 35.7 02/05/13 JR Ordinance No. 2013-130 - Amendment to Subchapter 3 (addition of Section 35.3.4.A.6) 05/07/13 JR Ordinance No. 2013-183 - Amendment to Subchapter 35.5.8 (Limitation L(17)) 07/16/13 JR Ordinance No. 2013-197 - Amendment to Sections 35.12 and 35.23 08/06/13 JR Ordinance No. 2013-303 - Amendment to Subchapter 35.13.7.B.2 10/15/13 JR Ordinance No. 2013-313 - Amendment to Section 35.7.6.10D 11/05/13 JR Ordinance No. 2013-352 - Amendment to Subchapter 22 12/17/13 JR Ordinance No. 2014-084 -Subsections 35.12.11.A, 35.22.5.0 and 35.22.6.B.3.q. are repealed, amendment to Subsection 35.22.2 03/18/14 JR Ordinance No. 2014-139 - Amendment to Subchapter 35.5.7.3 05/06/14 JR Ordinance No. 2014-406 - Superseding Subchapter 35.15 12/01/14 JR Ordinance No. 2015-010 - Amendment to Subchapter 35.5 and 35.23 01/06/15 JR Ordinance No. 2015-219 - Amendment to Subchapter 35.5 07/21/15 JR Ordinance No. 2015-233 - Amendment to Subchapter 5, 16, and 22 08/04/15 JR Ordinance No. 2015-252 - Amendment to Section 35.13.7.A.7.e 08/18/15 JR Ordinance No. 2016-017 - Amendment to Subchapter 7.15 01/26/16 JR Ordinance No. 2016-056 - Amendment to Subchapters 3, 5, and 24 02/16/16 JR Ordinance No. 2016-080 - Amendment to 35.7.9.5.I.1, 35.7.10.51, and 35.7.13.5.I.1 03/01/16 JR FILE REFERENCE FORM 1 2002-040 Ordinance No. 2016-311- Amendment to Exhibits B-1 and B-4 of Rayzor Ranch Overlay District in Subchapter 35.7.15 10/11/16 JR Ordinance No. 2016-312 - Amendment to Section 35.7.15 10/11/16 JR Ordinance No. 2017-071- Sections 34-35, 34-36, and 34-37 are repealed and amendment to Subchapter 35.3 02/21/17 JR Ordinance No. 2017-186 - Amendment to Subsection 35.5 06/20/17 JR Ordinance No. 2017-288 - Amendment to Subchapter 35.5 and Subchapter 35.23 09/28/17 TJ Ordinance No. 2017-327 - Amendment to Subchapter 35.7.15 10/17/17 JR Ordinance No. 2017-329 - Amendment to Transportation Design Criteria Manual 10/24/17 JR Ordinance No. 2017-330 - Amendment to Water & Wastewater Design Criteria Manual 10/24/17 JR Ordinance No. DCA18-0001a - Amendment to Subchapter 5 02/20/18 JR Ordinance Z18-0001b - Amendment to Section 35.7.15 and addition of Exhibit C-4 to Ra zor Ranch Overlay District 03/06/18 JR Ordinance No. 18-376 - Amendment to Drainage Design Criteria Manual 03/20/18 JR Ordinance No. 18-430 - Amendment to Transportation Design Criteria Manual 03/20/18 JR Ordinance No. DCA17-0011d - Amendments to Subchapters 35.3, 35.17 and 35.23 04/03/18 JR Ordinance No. DCA18-0002a - Amendment to Subchapter 5 04/17/18 JR Ordinance No. DCA18-0003a - Amendment to Subchapter 35.14 05/22/18 JR Ordinance No. DCA18-0005d - Amendment to Subchapter 35.3.4 12/18/18 JR Ordinance No. DCA18-0008e - Amendment to Subchapters 13 and 17 - Tree Preservation, Landscape Standards, and Environmentally Sensitive Area Standards 03/19/19 JR Ordinance No. DCA18-0007e - Add Subchapter 35.25 The Denton Square District; add Section 35.35.2.1.2.A Design Standards Review Procedures; add Table 35.25.2.10-A Summary of Development Review Procedures; add Section 35.25.2.10 Design Standards Review Procedures; and add Section 35.25.4.10 The Denton Square District 06/04/19 JR Ordinance DCA19-0004e - Amendments to Subchapters 5, 8, 14, and 23 06/04/19 JR s:wor Wcumm�MinmmebEM—lo M e c An.i neogim doc ORDINANCE NO. A D AN ORDINANCE APPROVING AND ADOPTING THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S ZONING AND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE DENTON PLAN, 1999- 2020, AND PURSUANT TO ORDINANCE NO.2001-135, AS AMENDED; PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE OF FEBRUARY 20, 2002. WHEREAS, the Denton City Council pursuant to its home rule powers and Section 213 of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton Plan 1999- 2020; and WHEREAS, the Denton Plan, 1999-2020, contains policies, goals and strategies related to industrial, commercial and residential land use, growth management, housing and open space provisions; and WHEREAS, pursuant to its authority under federal and state law, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, the City Council has previously appointed a City of Denton Code Committee to undergo the process of recommending comprehensive development regulations that are consistent with the policies set forth in the Denton Plan 1999-2020; and WHEREAS, the Denton City Charter and the Code of the City of Denton, Texas do not set forth a procedure for the City of Denton for the adoption of comprehensive development regulations to implement a new comprehensive plan; and WHEREAS, the City has advertised, posted and provided notices of public hearings on the proposed comprehensive development regulations, the Denton Development Code including written notices, to the owners of property within the City of Denton according to the tax rolls of the Denton County Appraisal District; and WHEREAS, during the public meetings and public hearings, the Planning and Zoning Commission and the City Council have received public comment on the Denton Development Code; and WHEREAS, pursuant to Ordinance 2001-135, as amended, a final joint public hearing of the Planning and Zoning Commission and the City Council concerning the adoption of this ordinance was held; and Page 1 s: W n Dxommu`A�Eiom�nlOi�Devnxlopmmt (bde-Fnv neogiouem WHEREAS, after the final joint public hearing, the Planning and Zoning Commission submitted its report with its recommendation and suggested changes to the City Council on the Denton Development Code; and WHEREAS, after receiving the Planning and Zoning report on the Denton Development Code, the City Council made changes in the Denton Development Code warranted by law or in the public interest; and WHEREAS, the City Council of the City of Denton desires to adopt the Denton Development Code, attached as "Exhibit A", the comprehensive rewrite of the City of Denton's development regulations. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated herein as if fully set forth within the body of this ordinance. SECTION 2. The provisions of the Denton Development Code, attached as "Exhibit A" are incorporated as development regulations and standards as permanent revisions to the City's Code of Ordinances of the City of Denton, Texas that implement the policies, goals and strategies contained in the adopted Comprehensive Plan concerning industrial, commercial, and residential land use, growth management, housing and provision of open space. These development regulations shall supersede conflicting provisions of the Code of Ordinances of the City of Denton, Texas, including in particular and without limitation Chapter 34, Subdivisions, and Chapter 35, Zoning. SECTION 3: It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by law. SECTION 4. That this ordinance shall be cumulative of all other ordinances of the City of Denton and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. Page 2 S: W ur Oocummu�ANi�a\OE\Owwelopmml CaticPwal Atlogion.tloc SECTION 7. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 8. That this ordinance shall become effective on February 20, 2002 from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ��c day of 12002. ATTEST: JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: '/'C'✓� EULINE BROCK, MAYOR Page 3 City of Denton Development Code February 20, 2002 Table of Contents .............. ......... .......,,,,..,,,..,...,..,. Development Code TABLE OF CONTENTS SUBCHAPTER 1 — PREAMBLE, PURPOSE, APPLICATION AND ENFORCEMENT ............................. 1 35.1.1 PREAMBLE....................................................................................................................--...,,.,, 1 35.1.2 PURPOSE.................................................................................................................................1 35.1.3 SHORT CHAPTER...................................................................................................................... 1 35.1.4 RULES OF CONSTRUCTION...................................................................................„.,....,,.,.,,..,.,.. 1 35.1.5 APPLICATION OF THIS CHAPTER................................................................................................. 2 35.1.6 INCONSISTENT PROVISIONS....................................................................................,,..........,....... 3 35.1.7 CONFLICT WITH PRIVATE RESTRICTIONS.................................................................................... 3 35.1.8 SEVERABILITY...........................................................................................................................4 35.1.9 EFFECTIVE DATE....................................................................................................................... 4 35.1.10 ENFORCEMENT AND PENALTY................................................................................„,...............,.. 4 35.1.10.1 Compliance Required.....„. ...... .,—.—........ —.............. . -- ... .,. _.. ..,....., 4 35.1.10.2 Notice of Intent to Suspend or Revoke ......................................... ..._..,....... ---- ..,...,................................., 4 35.1.10.3 Suspension and Revocation of a Variance or Special Exception. ........... - ......... ............... .......... ..... . 4 35,110.4 Enforcement and Penalties .................................................... ..................... ..—.,..,,..,,.......,.....—........,._.......... 5 SUBCHAPTER2 — OFFICIAL MAPS ................................................. ............... . .......... ........ ...,......... 7 35.2.1 COMPLIANCE REQUIRED........................................................ ................ .......„,,.,...,„,................... 7 35.2.2 CLASSIFICATION OF DISTRICTS . .................................................. ......................„............. .,......... 7 35.2.3 OFFICIAL ZONING MAP.............................................................................................................. 8 35.2.4 DISTRICT BOUNDARIES....................................................... ........ - ........ ................. .,_, ,,..,,.,,,... 9 35.2.5 DIGITAL MAPPING..................................................................... ---- ..... ......................... „..,... 9 35.2.6 CHANGES TO THE ZONING MAP .......................................................... „.,..,,..,....... ......... .............. 9 SUBCHAPTER3 — PROCEDURES...............................................................................,.......................... 10 35.3.1 PURPOSE...........................................................................................................................„,,.10 35.3.2 PROCEDURES AND APPLICATION REQUIREMENTS.................................................................... 10 35.3.3 DENTON PLAN AMENDMENT PROCEDURE .............................. ......... ...............„„......................... 11 35.3.4 ZONING AMENDMENT PROCEDURE........................................................................................... 12 35.3.5 PLANNING AND ZONING COMMISSION PROCEDURE . ............. --- ...... ................. ..............„.,,.... 14 35.3.6 BOARD OF ADJUSTMENT PROCEDURE..................................................................................... 15 35.3.7 STAFF REVIEW PROCEDURE ................................................... .,,,.,.,.,..................,........ ....,,.,.... 17 35.3.8 LOCAL PERMIT PROCEDURE . ................................................. ............ ....................... ,....... ,...... 18 35.3.9 RELIGIOUS FREEDOM PROCEDURES . .................................... „................. ............. .,.,.,,,.,,...... ,.. 20 SUBCHAPTER 4 — BOARDS, COMMISSIONS AND COMMITTEES ........ ............................................ 21 35.4.1 PLANNING AND ZONING COMMISSION .................................. ............ ............ .....................„..,... , 21 35.4.1.1 Operational Procedures ...... .........._....,.... ....... .,...... ,............ ,.. .. ........... , ,. , .,.,... , ,.. ,,..,, 21 35.4.1.2 Powers and Duties of the Planning and Zoning Commission..._. ....... .......„. ..., ................................ — 22 35.4.2 BOARD OF ADJUSTMENT .......................... ...,. .,...,.„..,...,. .. ......... ........... 22 35.4.2.1 Operational Procedures .................... .......... ...... .... ......... .,....... ,.. .. ,.,..... 23 35.4.2.2 Powers and Duties of the Board of Adjustment ......... .. . ...... ...„,,.. .... ....,..., 24 35.4.3 HISTORIC LANDMARK COMMISSION ........... ......... ......... ........ ......„„ ........,.........., .........,. 24 111 Table of Contents ........................................................ ....„...„..,„,..,............ Development Code 35.4.3.1 Operational Procedures . ............................. ................................._......,..,,._....,,.......,....,.............,..,....,............. 25 35.4.3.2 Powers and Duties of the Historic Landmark Commission...........................................................................„,... 25 35.4.4 DEVELOPMENT REVIEW COMMITTEE.................................................................................„,.,.., 26 35.4.4.1 Operational Procedures. ...... .......... ____ ........... — .......... . .,...... ........ ......... ......... ...... —_.......,.. .... 27 35.4.4.2 Powers and Duties of the Development Review Committee............................................................................. 27 SUBCHAPTER 5 —ZONING DISTRICTS AND LIMITATIONS................................................................... 29 35.5.1 RURAL DISTRICTS ... ........ ........ .................... ................................................................. 29 35.5.1.1 Purpose ............................................ ......... ......... ......... ....... .. .. ....... ......... .. ... .. .. ............. 29 35.5.1.2 Permitted Uses .................... ...... .. ... ...... ......... .. ... .... .. ........ .... ............29 35.2.1.3 General Regulations . „........ ........... .......... ...... _,. ........ ..,,....... ....... , 33 35.5.2 NEIGHBORHOOD RESIDENTIAL ....... .................„.. .....,„.. ............ „.,...,., „..,...,. ,..,....,. 35 35.5.2.1 Purpose.... .,....... ......... . . ........ ......... ........ ...... ..,,..... _........... � 35 35.5.2.2 Permitted Uses ...................................... _........ ...... „ . ,. .,.. ..,... .. .,....... 35 35.5.2.3 General Regulations .......................... ........... ......... ........ . ........... ......... ......... ......... —... 39 35.5.3 DOWNTOWN UNIVERSITY CORE ..... ......... ......... ......... ......... ......... ......... ......... .......... 41 35.5.3.1 Purpose .... ........ .......... ......... ,. ....... ........ ........ ____ .......... ......... ... ........41 35.5.3.2 Permitted Uses . .......................................... ._...,.... .,....., ...,..,..... .. „ .........,,....,,.. _-,,-,... 41 35.5.3.3 General Regulations ......... _.. ... ... .. . ..... ......... ......... 45 35.5.4 COMMUNITY MIXED USE CENTERS........................................................................................... 47 35.5.4.1 Purpose ............................... ......... .......... ,. ,.. , ..,. ,. ..._ ........... ,...... ,. ..., , ,..... 47 35.5.4.2 Permitted Uses ..................................... ..... ,,..,..,..,, . ..... , , ............... .. .. „ ...... ... ,...., ... ,.....,.. 47 35.5.4.3 General Regulations. .............. .. ... ... ....... ....... .. .... _, ,., ,. ..,... ...... _. ,..,. ,,. ........ ___ ... 51 35.5.5 REGIONAL MIXED USE CENTERS............................................................................................. 53 35.5.5.1 Purpose. ,,,....... .............. ..... .... .. .... ... ...... .... ......... ............... .. . ,..,.......,...... . , ..,.. ,.., 53 35.5.5.2 Permitted Uses ................................ ....... , ....... .....-...... ....... ....,..,... ....... ... 53 35.5.5.3 General Regulations ................... .... .......... ........ .... ...... .......,, .... ,. ... .,....... ........57 35.5.6 EMPLOYMENT CENTERS ...., ,.,,..,„. .a,,,..,. ...... ......... ......... ......... .......... ......... 59 35.5.6.1 Purpose ................................ .... .....,.. _ .. ...,...,,. .. _.. , ., .. ,,..... 59 35.5.6.2 Permitted Uses . ........... ..._,...... ......... ............. , ............. ,, ..,.,.., ......... ..... .._...,.....,, .....59 35.5.6.3 General Regulations ............. ........ .. ....._... ................ . ......... .......... .................... ....,. ,.... 63 35.5.7 INDUSTRIAL CENTERS ........ „..,„.,,. ......... ......... ......... ......... ......... .................... 65 35.5.7.1 Purpose .................. ............. ...... ... ... ........... ......... ,....... .... ......... _ ....,.,., .-....,... ......... ,,.65 35.5.7.2 Permitted Uses ....... ....... ......... ............... ... ....................... ........... ....... .. ... ...... ......... - .,,..... ,,. 65 35.5.7.3 General Regulations. ......... ......... ..... — ....... ..,._ .. ..., ..,.. 69 35.5.8 LIMITATIONS ........... .................. ............ .. ......... ......... ......... .,..,........,..... 70 SUBCHAPTER 6 — SPECIFIC USES........................................................... ......... .......... ............ ...... 7 35.6.1 GENERAL........................................................................ ...................... ............. ...... .....73 35.6.4 PLAN REQUIREMENTS............................................................... ___ ... .... ..... ............. ........ _..... 73 35.6.5 APPROVAL CRITERIA................................................................. ...................... .......... ...,......... „ 73 35.6.6 CONDITIONS.............................................................................. ......... ......... ......... 74 35.6.7 REVOCATION; ABANDONMENT ......................................... ......... ......... ......... ......... ......... 7 SUBCHAPTER 7 — SPECIAL PURPOSE AND OVERLAY DISTRICTS.................................... .o. .,..,.,.. 77 35.7.1 PURPOSE...............................................................................................................................77 35.7.2 GENERAL STANDARDS............................................................................................................ 77 35.7.3 CREATION OF SPECIAL PURPOSE AND OVERLAY DISTRICTS ................„...„..,...,....,. 77 35.7.4 DENTON MUNICIPAL AIRPORT OVERLAY DISTRICT........................„..,.„,,,,,,,,,,.,,,a.,,,,,,„,............,. 78 35.7.4.1 Purpose and intent ................. ............ . . .... ...... . ... ........ . ...—. ... ___ .......... . ,..... ................., 78 35.7.4.2 Definitions .................................... .. .. .............. .... ..........7F 35.7.4.2 Nature and effect of regulations .......... .. ...... ... .................... . _........ .._... _... .._...... .. ,_..,.. ,79 IV Table of Contents ......... ............. ... ..................................,.....,..,...........................,... Development Code 35.7.4.4 Airport height hazard district..... .................... ..... ... .. ............ .. .... .......... .......... .... ..:... ,....80 35.7.4.5 Airport compatibility land use district . ..................... .. ... .. .... ........ . ............. ......... ...... ... 81 35.7.4.6 Subdistrict ACLUD-1 Regulations ...... .......... ........ ............... ..... ......... .......... ....... ..... 82 35.7.4.7 Subdistrict ACLUD-2 regulations...... ... ......... .,..... ____ , . ...... ............ 82 35.7.4.8 Administration.. ......... .... _, ... ,......... ....,. ,, ,............. , ... ...........,. , .,..,.. , .............. .... .. 82 35.7.4.9 Nonconformities..... ......... ...... --- ........... ......... ,...... ,,...........,. .,.,, ,., ,. , ... ..... .............. 83 35.7.4.10 Variances. ..... ........ .................. .... ......... .............. . .. ,. ,., ,,, ... .. ,............... ......—, 84 35.7.4.11 Board of adjustment. . ......... ,.. .... ,. ,... ,. ,. _... ........,.. ,. ,,..,.,........ ,....... . 87 35.7.4.12 Noise Mitigation Standards... ................... ......... ................ _ .............. ..........,.,. ,. , 87 35.7.5 FRY STREET OVERLAY DISTRICT..— ... .................. ......... ......... ......... .............. 89 35.7.5.1 Fry Street District Established . ......... ...... ...... . ..... ..... ... .............. ......... .... ... . .. .. ....... . .................. 89 35.7.5.2 Purpose and Intent ................--- ... --...... ........ ....., ... , ,..,,,.,.. ..... ,,,... _. .... ......... .....,..,... 89 35.7.5.3 Off-street parking....... _.......... --- .... . ............ .... ................. .._.... ... ,.. ,,..... ..,.. ,. .....,. 90 35.7.5.4 Area and height requirements. ..... ......... — .... ,... ...., . , ............... ,., ..... ,,, , . ,....... ..,.. _.... ........ .... 90 SUBCHAPTER 8 — GROUP HOMES .................................... ......... .............. .... ......... ............. ...... 92 35.8.1 PURPOSE................................................................................................................................92 35.8.2 USE AND OPERATION.............................................................................................................. 92 35.8.3 QUALIFICATION....................................................................................................................... 92 35.8.4 SPECIFIC USE PERMITS........................................................................................................... 93 35.8.5 LICENSES...............................................................................................................................94 35.8.6 LOCATION OF ASSISTED LIVING FACILITY, GROUP HOME FOR HANDICAPPED PERSONS OR INSTITUTION............................................................................................................................ 97 35.8.7 INSPECTIONS................................................................................................................... ....... 97 35.8.8 NOTICES, HEARINGS AND ORDERS..................................................................................... -- 97 35.8.9 COMPLIANCE REQUIRED.......................................................................................................... 98 SUBCHAPTER 9 — MANUFACTURED HOMES..................................................................................... 100 35.9.1 DEFINITIONS.........................................................................................................................100 35.10.2. GENERAL..............................................................................................................................102 35.9.3. INSPECTIONS........................................................................................................................ 102 35.9.3.1. Entry on premises ..... ..... .... . ......... . ......... ...... ......... ..,...,. ...,,..,,.. ,. ... , . ,. ,....--............ 102 35.9.3.2. Inspection of register---- , ....... ........... .... ...... ....... ............ , .............. 102 35.9.3.3. Duty of occupants. ,, ............. ........ . ....... ......... .... -........ I ... r .,...... , ....... ....,..,....,. ..... 102 35.9.3.4. Violations - Notice of suspension of license ................... ......... ................. ... ......... .... . ... .. ............... 102 35.9.3.5. Violation - Requirements of notice .................................................. ,...............,,............... 103 35.9.3.6. Violation - Appeal from notice issued by the Building Official..... .............. ................... 103 35.9.4 PERMIT...........................................................................—...........................,,............,.........103 35.9.4.1. Required ............. ................... ......—......., .......,.,,.., . , . ........ 103 35.9.4.2. Exceptions... ....,.... ........... ..... .. ....... ............... ........ .... ... ........ .. .... _.. ,. 103 35.9.4.3. Application Requirements ....... ....... .. .. ...... . .... ...... ............... ..,. ,.....,,.,.,.. ......— .......... 103 35.9.4.4. Fees ..... ---- ........ .... ......... .. .-.... .......... ......... ..,. , ..,. .......... — ,. ... ,..... .................. 104 35.9.5 LICENSE ................ ......... ................., ........ ,........ ..,.............., . ...,..... ......,.. ,,.,,,.,, 104 35.9.5.1 License Required, .... ..... ........... .....-.., .....-., .. , .. .. ,. ............ ... ,.. ....... , ................. ,..... 104 35.9.5.2. Application for License... ....... ....... ........ ... . ......... ........... ........... . ................ ..... , 104 35.9.5.3. Fee. 104 35.9.6. TECHNICAL STANDARDS,--.— .......... .................. .......„, .,,,..........,..... ....... ..,..,..,..,...,,... 104 35.9.6.1. General Requirements ..................... ......... . . ... .. ....... ... _. _...,.. , ,,..,, ..,...,. ... _......—.......... 104 35.9.6.2. Access and Traffic Circulation....,,.. ... ...... .... ...... .... .... .......... 105 35.9.6.3. Installation of telephone lines, semipublic telephone........... — ... .......... ............ .............._....,,.,..................... 106 35.9.6.4. Recreation area ................. ........... .. ..... . ............ ...... . ........ ....... .. .............. . ................... 106 35.9.6.5. Water Supply ..................... ......... ..... .......... .......... , ......... 106 35.9.6.6. Sewage Disposal ............... ......... .......... . _... ,.. ...,...,. ,,,.,... ..,,., , ... .._...... ,......... ,, — — 107 35.9.6.7. Electrical Distribution System ......... ......... . ........ ..... ....... ...... ........ ...... ..,.... ,,,, ., ... .., 107 v Table ofContents ----'------- Development Code 35��. Service Buildings and Other Community Service Facilities .......... -----........ ---...... ........ ......... 107 35��.9. Refuse and ....... _-_-...... --------....... _-_--_--_-_i00 35.8�.11. Fuel Supply and Storage .................................. -.... ---- .............. ............. .......... _............ ................. 10W 35.9.7. FIRE SAFETY STANDARDS ........................... ...... ....... .......... -............ ........ ........ .......... iO9 35j0.8. MANAGEMENT AND RESIDENT REGPONG|B|LITY-----... ....... ---- ... ........ ------..1U@ SUBCHAPTER 10-SEXUALLY ORIENTED BUSINESSES ............................................................ ..112 35101 PURPOSE AND INTENT ....................................................................................................... .112 3510.2 LOCATION OFSEXUALLY ORIENTED BUSINESSES ................................................................. ..113 3510.4 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES .............................................................. .114 3510.5 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS ....................................................... .114 3510.8 ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION PICTURE THEATERS. -114 3510.7 ADDITIONAL REGULATIONS FOR ADULT K4OTELS.............. .... --... --- ...... ..---..-.-115 3510.8 REGULATIONS PERTAINING To EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS .......... .... 115 3510.8 DEFENSES To ENFORCEMENT ...................................................................................... ---- 118 SUBCHAPTER 11-NONCONFORMING USES .................................................................................... 117 35111 PURPOSE .................................................. ....... ............ ............. ................ --_--..117 35.11.2 TYPES OFNONCONFORMITY .................... ...... .......... ........ 117 3511.3 SPECIAL EXCEPTIONS .............................. ....... ........... -.................. ............ ................ '118 3511,4 EXEMPTIONS ............................................ -....... .-..--... .............. .......... _-........ --'118 35.11.5 NONCONFORMING LAND USE GTANoAmoG..... -..-~.-....... ...... ............ --........ --..118 35.11.5.1 Compliance for Nonconforming Uses--------, ... ....... 118 35.11.52Changing ............. _-_---_--__-...... __........ __-119 35.11.5.3 Discontinuation ofnonconforming uses ............. --__--_.......................... --..................... ...... ..... 12U 35.11.6 NONCONFORMING STRUCTURES ................... ------.............................................. -... 12O 35.11.61 ........ -_-_-__---_----...... ___._---12O 3511�.2 Changing Nonconforming Structures ................... _----_----------_....... ---- ....... --'121 36117 AMORTIZATION OF NONCONFORMING LAND USES AND STRUCTURES ................... ........ -...... 121 35j1.8 ILLEGAL USES ..................................................................................... ...... ... ... ................ 122 SUBCHAPTER 12-GENERAL REGULATIONS ............................................... --- ... ... .... ....... ...... 123 35121 PURPOSE .................................................................................................. ........ ---........ 123 35.12.2 YARD MEASUREMENTS ............................................................................... ........ ................. 123 3512.3 UTILITIES ....................................................................................... ....... ------_...... 124 3512.5 MINIMUM FLOOR AREA REQUIREMENTS .................................................... .................... ....... 125 3512.6 MINIMUM RESIDENTIAL LOT SIZE ..................................................... ...... ............. ---- ...... 125 35127 OUTSIDE STORAGE .......................................................................... -........ -...... ........... 125 3512.8 WIRELESS TELECOMMUNICATIONS FACILITIES ................................. -....... -....... _-........ 128 35J2.8.1 Definitions ................................ .................. ... .... ............. _------_-_--__-.......... -12r 35.12.82 __-_-------_...... _-------........ --....... ...... _-'---128 35.12.8.3 General Pmvioiono.---------........ _-...... ---- ......... -----_------_-_.......... --.128 35J2.8.4 Telecommunications Tower Gmndardo--_-_...... --_---.... ....... _---_---....... .... _........ 129 3512.8.5 Tower Location Standards .............. ---_----................. ............ --...................................... --130 35.12.8.6 Antenna Mounting 0anUards..... ... ......... _--.............. ---_---------...... .......... ----13O 35.8.8.7 Telecommunications Use Chart ................ ............... ....................... ...................... __....... 132 3512.8.8 Structural Certification .................. --_-.... -........ ---....... -_------_-_--_---_---133 35.12.8.9 Appeal ........ .__-__............. .................. ---__----________-...... -_133 vi Table of Contents ...... ........ ......... ...................... .......,„ .,...,............... ......... ....... -- Development Code 35.12.9 TEMPORARY USES.................................................................. ............................. ,...... .,.,,.,,„, 133 35,12.10 HOME OCCUPATIONS. ............................................................... ............. 5 ..... ......... ......... 13.E 35.12.11 INDUSTRIAL PERFORMANCE STANDARDS ............................................... ...................... ,,,...... .. 138 35.12.12 SALVAGE YARDS & INDUSTRIAL OPERATIONS ............................. ................. ..,,„.,.„ 141 35.12.13 COMMERCIAL EXCAVATION / REMOVAL OF EARTH PRODUCTS.... ... ............... 141 SUBCHAPTER 13 — SITE DESIGN STANDARDS .... ......... ......... ..................... ......... ......... ,.,.,.... 143 35.13.1 PURPOSE AND INTENT............................................................ ._.......... ....,.., .,,,..,,. „......,. 143 35.13.2 APPLICATION.................................................................................. ............ ........ .„,..,„., 143 35.13.3 PROCEDURE / PLANS REQUIRED ..................................... ................... .................... ......... 143 35.13.4 CRITERIA FOR APPROVAL .................................... ........ ........................... 145 35.13.5 ALTERNATIVE DEVELOPMENT PLAN ................................. ......... ......„„ .................... .,..,.,.. 145 35.13.6 STREET TREE REQUIREMENTS ....................................... ........ ......... .............. 146 35.13.7 LANDSCAPE AND TREE CANOPY REQUIREMENTS......... .......... ......... ......... ....„.,,„ ....,.... 146 35.13.8 BUFFER AND SCREENING REQUIREMENTS ...................___ ......... ........ ......... ......... ........: 148 35.13.9 FENCE REQUIREMENTS...................................................... „..,„,.,................. ,........... ,...,.,...,.„. 149 35.13.10 ACCESS, PARKING AND CIRCULATION REQUIREMENTS.,..........., 5 35.13.11 DRIVE -THROUGH USE REQUIREMENTS ........................ ......... .................... ......„,,.,..,................ 151 35.13.12 LIGHT AND GLARE PERFORMANCE REQUIREMENTS..... .... ____ .. ......... .................,,.......... . 151 35.13.13 SITE DEVELOPMENT REQUIREMENTS . .......................... ........... ____ .... ........, ..,...,,, .... „..... 151 35.13.13.1 Residential Buildings ......... ................ ......... ........ _........ ............., .......... .. _ .,,,. 151 35.13.13.2 Multiple Unit Residential Buildings ............................ _____ ...... ....... ____ ....... .. ...,.... ......., 152 35.13.13.3 Multi Family Developments in a Pedestrian District..., ...,.,., _........ ......... .... ............153 35.13.13.4 Nonresidential and Mixed Use Buildings .................... ......... ... ......_._. 154 35.13.13.5 Nonresidential and Mixed Use Buildings in a Pedestrian Oriented District . .......... .............. ....„..... - ........... .... 155 35.13.13.6 Large Scale Development Regulations_, . . ..... .... .... ......... ......... _,......, ......... ,..... ,.. , ......,.. 156 SUBCHAPTER 14 — PARKING STANDARDS ..................... ......... ........ ................................ ......_ 160 35.14.1 PURPOSE ................................................ ......a.. ,.,.„,,,, ,,„,,,... ..............._. ..„,................160 35.14.2 GENERALLY.......................................................... .......................... ......... ...„„„., ..,...... 160 35.14.3 APPLICATION................................................................................................ ......... ......... 160 35.14.4 SPACES REQUIRED .................................. ......... .......... ........ .................... ......... ......... 161 35.14.5 CREDIT FOR ON -STREET PARKING . ............. ...„.,.„................. .,.,,.,,...,,,.,,,.,..,,,,....... ................. 163 35.14.6 PARKING ACCESSIBILITY STANDARDS . ............ ...„,.,,.,.,,.,.,,,............... „,,..,.,.,,..,..,....,,.............. 163 35.14.7 LIMITATIONS, LOCATION, USE OF FACILITIES ........ .......„,___ ....... ,,...,........ ,.... .......,..,,„ ,,.., 164 35.14.8 DESIGN REQUIREMENTS ................................. ......... ......... .......... ........ ......... „,.,,..,, 165 35.14.9 DEVELOPMENT AND MAINTENANCE . ............ ............. ............. ...........„...,„..,,.,.,..................... _ 166 35.14.10 BICYCLE PARKING .......................................... ............................. .........„,,.,„................ 166 SUBCHAPTER 15 — RESERVED FOR SIGNS. ............ .............................. ......... ......... 167 SUBCHAPTER 16 — SUBDIVISIONS ........................... .................... ......... .......... ..................... 169 35.16.1 AUTHORITY...... .... ..„.,,. ,...,,............. ........... . ......... .... _...... ............. .,..., ..,....,, ,....,,,, 169 35.16.2, PURPOSE .............. ......... .....................„........... ,............ ,.... ,.,...,., ...,....., ......... ,,..,,... 169 35.16.3 JURISDICTION, ,,, ............ ......... ,,...... .......... ....,.... 170 35.16.4 APPLICATION. ....................................,.., .,.,,....„..........., .... .......,, ....,,„..,„., ,..........,..., 170 vii Table of Contents ,..... ......... ..,., . .., ......,,,,,,,,.,,.,,,,,,, ........, ,...... ................... ....,,,,, Development Code 35.16.5 COMPLIANCE AND ENFORCEMENT .. ................... _...... ..................... ........„ .................. 171 35.16.6 APPROVAL OF PLAT REQUIRED ................. ........ ...,..,... 171 35.16.7 LOTS, ACCESS AND COMMON AREAS ..... ......... ......................... .............................. ........... _.... 172 35.16.8 APPLICATION AND FEES ............................ ......... ......... ..................... .............. ............... 173 35.16.9 PREDESIGN CONFERENCE ............. ......... ......... ......... ........, ......... ................, 173 35.16.10 GENERAL DEVELOPMENT PLAN—_ ......... ......... ......... .........., ........, ................... 174 35.16.11 PRELIMINARY PLATS ...................... ......... ......... ......... 175 35.16.12 FINAL PLATS............................................................................... ................. ... .................. 177 '35.16.12.1 Construction Plans ...................... .. ... ... ... ........ .. „ .......... . ,.. ,,. ,..,. ..,,,...... .. ,.. .. ,,. _... .,,. ,.... 177 35.16.12.2 Processing Procedure for Final Plat and Construction Plans... .... 178 35.16.12.3 Recordation of Final Plat............................................................................................................................. 180 35.16.13 REPLAT ............................. .................... ......... ... ...... ...... ....,.,., ....., .., .,,..,,....,,,.... 180 35.16.14 AMENDING PLAT ........................ .. ......... ......... ......... ..........,,.,,,., .,,,...,. 180 35.16.15 MINOR PLAT ........... ......................__...............,........ .......... ....... , ......,..,...,.... 180 35.16.16 VACATING PLAT............... .. .................... ........ ___ ...—. ......,.,. .....,.,, 181 35.16.17 CONVEYANCE PLAT ............ ......... ......... ......... ......... ......... ........ ............ ................... 181 35.16.17.1 Effect of Approval . ... ......... .. .... ......... .... ... ..... ...... ..... ...... , 181 35.16.17.2 Conveyance Plat Requirements ............................................. ...... ...... 182 35.16.18 DEVELOPMENT PLATS .......................................... ......... ......... ......... ......,...... ,..... ,,, ....,. 183 35.16.19 GAS WELL DEVELOPMENT PLATS ............................ ......... ........ ......... ......... .................. 183 35.16.20 CONSTRUCTION............................................................... ........ ......... ..................... ........ 184 35.16.20.1 Pre -construction Phase Procedures and Requirements ... ............ ........................................... .............. _,,.,,, 184 35.16.20.2 Development Contract Required..,...,...,,_ ...... . .......... . ........... ... ..... . _,,,,,,, ...... ,,.....,,, . , , , .,,, ,. 185 35.16.20.3 Construction, Inspection, and Acceptance ..... ......... ......... ... 185 35.16.20.4 Cost of Improvements and City Participation .............. . ....... . ......... ..... .... ... .......... ... ...... ..... .._ 185 35.16.20.5 Subdivider to Extend Mains and Streets to Subdivisions ........... ......... ........ ........ ....,. ... 185 35.16.20.6 Plat Required Before Issuance of Building Permits ................... ......... ......... ......... ......... ,,.,, 185 SUBCHAPTER 17 — ENVIRONMENTALLY SENSITIVE AREAS.......................................................... 18 35.17.1 PURPOSE....................................................................... ......... .................... ............. _. 186 35.17.2 APPLICATION................................................................ ......................,...,,...,.,.,....,..,,......,,.... 187 35.17.3 ENVIRONMENTALLY SENSITIVE AREAS REVIEW ........................ ....... ...................... ..... ...... ,.... ,, 187 35.17.4 ENVIRONMENTALLY SENSITIVE AREA CLASSIFICATIONS..........,,,.,,,, .... ........ i........ .., .....__ 188 35.17.5 OFFICIAL MAPS..................................................................... ..... ............... ..... .... .. _......,.... 189 35.17.6 DEVELOPED FLOODPLAIN DEVELOPMENT STANDARDS..... ....... ....... ........ ........... __ ......... 190 35.17.7 UNDEVELOPED FLOODPLAIN DEVELOPMENT STANDARDS ... ........ ..............„,..,,...... ,.,,,, ....... ,. _ 190 35.17.8 RIPARIAN BUFFER AND WATER RELATED HABITAT DEVELOPMENT STANDARDS. .................__ 192 35.17.9 UPLAND HABITAT DEVELOPMENT STANDARDS......................................................................... 193 35.17.10 GENERAL DESIGN AND IMPROVEMENT STANDARDS................................................................. 193 35.17.11 CLUSTERING STANDARDS...................................................................................................... 194 35.17.12 ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLANS .....................................„,,,,,.„<.,,,.... 194 SUBCHAPTER 18 — LAND DISTURBING ACTIVITIES.............................,..,,....,...,...........................,,,,. 195 35.18.1 PURPOSE ................................................... ......... .......... ........ 195 35.18.2 APPROVAL AND PERMIT REQUIRED ............. ......... ......... .......... ......... ......... .................. 195 35.18.3 EXEMPTIONS.........................................................................................................................196 vlli Table of Contents .................................... ............................. ................. Development Code 35.18.4 APPLICATIONS................................................................. ......... ............ .................. ......... 196 35.18.5 STANDARDS......................................................... ......... ......... ....................... ...... .........196 35.18.6 PLAN EVALUATION CRITERIA................................................................................................... 197 SUBCHAPTER 19 — DRAINAGE STANDARDS ......................................... .......................................... 199 35.19.1 PURPOSE........................................................... ......... ......... .......... ........ ......... ......... 199 35.19.2 COMPLIANCE...................................................... .................... .......... .................. ......... 199 35.19.3 DEFINITIONS..........................................................................................................................199 35.19.4 GENERAL DRAINAGE REQUIREMENTS ............................. ....... ......... ......... ......... ......... 199 35.19.5 GENERAL DESIGN STANDARDS ....................................... ......... ......... .............................. 203 35.19.6 SPECIFIC DESIGN CRITERIA ....................................... ......... ......... ............................ 206 SUBCHAPTER 20 — TRANSPORTATION ............................ ......... ......... ......... - ... .......................... 21 35.20.1 PURPOSE...................................................................................................................... ....... 218 35.20.2 STREET STANDARDS............................................................................................................. 218 35.20.3 PEDESTRIAN / BICYCLE FACILITY STANDARDS ................. ......... .................... ......... ......... 226 35.20.4 DRIVEWAY STANDARDS.................................................................................„....,,.., ............. 228 35.20.5 PUBLIC TRANSIT STANDARDS .................................................... ......... .......... ........ ......... 230 SUBCHAPTER 21 — WATER & WASTEWATER STANDARDS ...... ......... .... ......... ...,....., .....,... 232 35.21.1 BASIC POLICY ................................................... ......... .......... ........ ................ ............. 232 35.21.2 EXTENSIONS OF WATER AND SEWER MAINS....,,.,. ................ ......... ......... ......... 232 35.21.3 BASIC DESIGN STANDARDS ............................ .... ................... ......... ......... ....,.,.., 23:3 35.21.3.1 Reference to Design Standards Manual ...... ..--.. .......... .. ....... .. .. ..... ......................... ,.,,.... 234 35.21.3.2 Water Lines ........... ..... .. ... ............. .. .... ..... ...... ............. . .......... ..... . ....... .... .... ... ......... 234 35.21.3.3 Fire Hydrants ............................... ......... ....................... .,,.,.... ,.., ,..,,. , ..,.... , ,...... 234 35.21.3.4 Valves and Fittings ............... -- ............ .............. ...... ---- ,........ _.. ...,._... ,,. ....... 234 35.21.3.5 Booster Pump Stations and Pressure Regulating Valves ........ ......... ........................ 234 35.21.3.6 Sewer Lines ........ ... ... ... ... ....... ... ..... ... ...... .. . ..... . .. ...... ......... ............ ...... ...... .... 235 35.21.3.7 Lift Stations ................................................ . ...... ... .. ......... . .. ..... .. ..... 235 35.21.4 EASEMENT REQUIREMENTS.......... .. ........... ....... .......... ... ........................... 235 35.21.5 WATER CAPACITY REQUIREMENTS ......... .......... .....,.,. .............. ,.,,,,,,, .,..,..,. ......... 236 35.21.6 SEWER CAPACITY REQUIREMENTS ........... ......... ......... ......... ......... ......... ......... ......... 237 35.21.7 IMPACT FEES.— ..... .........,,..,.......................,......,, ..,,..,,,.,,.,..., 237 35.21.8 TAPPING FEES ........... ..... .......... ........ ......... ............................. ......... ......... ......... 237 35.21.8.1 Basic Policy .......... ... ..... .. ........ .. ....... .. ........ ........ . , ..—....... „ ....,. ...... .._....,, ., ....,...,..,..... 237 35.21.8.2 Fee Schedule................................................................ .............. ............_,_.., .. ,,,..,.. , ,,... ....... .. ....237 35.21.8.3 Administrative Procedure ....... .... -- ......... .. ............ ... ....................... ..... ... .. 237 35.21.9 OVERSIZE PARTICIPATION BY THE CITY.. ........... ......... ......... .......... ......... ......... ......... 23 35.21.9.1 Basic Policy .................................... ............ ....... ......., ......, .,. ,..-,.,,......, ... ........— 238 35.21.9.2 Administrative Procedure .............................. .......... —. ............... .......,, ...... ............. ,,.,238 35.21.10 PRO-RATA AGREEMENTS .............. ................. . ......... ... ....................... ........ --,..,,,.. , ... 238 35.21.10.1 Basic Policy ........................... ............ ....... .. _...... ............ .,.....,,..., , .... .,. , ..... ................. ,. — 238 35.21.10.2 Administrative Procedure... —. .. ... ... .. .... . .—.... .......,. ......... ,,. ,... ,. ,.,..., „- .,, ....,, . ......... 240 35.21.11 ALTERNATIVE WATER AND SEWER FACILITIES—, ........... ......... ......... ......... ......... ......... 241 35.21,11.1 Basic Policy .................................... ......... ... ...... .............. ., .,... ., ,..,.... 241 35.21.11.2 Approval Process..—... ... ......... ......... --................... _,...... ......... ........,, 241 35.21.11.3 Individual Water Wells ............................................... ......... .......... ,, ......,. ..... .. ....... ......... ,.241 35.21.11.4 Private Water Systems ............. ...... ,,. ...,...., ... , ........ _...................... 242 Im Table of Contents Development Code.,.,, 35.21.11.5 Land Use Requirements for On -Site Sewage Systems ..,...... 242 35.21.11.5.1 Individual On -Site Sewage Disposal Systems ............... .....„ ...... ,. 243 35.21.11.5.2 Septic Systems .... .... ... .. ............. .... 243 35.21.11.5.3 Aerobic Treatment Systems ,..,..,.. ,. _...... . ....... ... _..... ........ 244 35.21.11.5.4 Wastewater Treatment Systems._. ......... ......... .......... ....................... 244 35.21.12 PLANS AND SPECIFICATIONS ......... ......... ......... ......... ............. ........ ........................... 245 35.21.12.1 Basic Requirements .,,.,,..,. ......., ....,.......... ..... ,,...... 245 35.21,12.2 Construction Plans- ........ ................................ ....,..,.245 35.21,12.3 As Built Drawings ....... .... ......... .. ... ... ...... .... .,.,... ... ,..,....... ,,,...... ...... .,, _ ,. ,....._ .......- 246 SUBCHAPTER 22 — GAS WELL DRILLING AND PRODUCTION .. ...—... ......... ......... .................. 248 35.22.1 PURPOSE.............................................................................................................................248 35.22.2 DEFINITIONS.........................................................................................................................248 35.22.3 GAS WELL DRILLING AND PRODUCTION "BY RIGHT"................................................................ 249 35.22.4 GAS WELL DRILLING AND PRODUCTION BY SPECIFIC USE PERMIT OR PLANNED DEVELOPMENT ZONING DISTRICT; APPLICATION AND REQUIREMENTS............................................................ 249 35.22.5 STANDARDS FOR GAS WELL DRILLING AND PRODUCTION....................................................... 250 35.22.6 DRC RECOMMENDATIONS FOR SPECIFIC USE PERMITS AND PLANNED DEVELOPMENT ZONING DISTRICTS............................................................................................................................ 253 35.22.7 GAS WELL PERMIT REQUIRED............................................................................................... 253 35.22.8 INSURANCE AND INDEMNIFICATION......................................................................................... 254 35.22.9 SECURITY.............................................................................................................................256 35.22.10 REVIEW OF APPLICATIONS FOR GAS WELL PERMIT................................................................ 257 35.22.11 PERIODIC REPORTS.............................................................................................................. 258 35.22.12 NOTICE OF ACTIVITIES........................................................................................................... 258 35.22.13 AMENDED GAS WELL PERMITS.............................................................................................. 259 35.22.14 TRANSFER OF GAS WELL PERMITS........................................................................................ 260 35.22.14 REMEDIES OF THE CITY......................................................................................................... 260 35.22.15 ENFORCEMENTS, RIGHT OF ENTRY........................................................................................ 260 35.22.16 ENFORCEMENTS, RIGHT OF ENTRY........................................................................................ 261 SUBCHAPTER 23 — DEFINITIONS......................................................................................................... 262 35.23.1 GENERAL ....................... 35.23.2 DEFINITIONS AND TERMS 262 262 X Subchapter I be-v- e-l'o"p, ... m ... e'n—t-C' ... o ... de" Subchapter I — Preamble, Purpose, Application and Enforcement Sections: 35.1.1 Preamble. 35.1.2 Purpose. 35.1.3 Short Chapter. 35.1.4 Rules of Construction. 35.1.5 Application of this Chapter. 35.1.6 Inconsistent Provisions. 35.1.7 Conflict With Private Restrictions. 35.1.8 Severability. 35.1.9 Effective Date. 35.1.10 Enforcement and Penalty. 35.1.1 Preamble. This Chapter establishes comprehensive development regulations for the City of Denton, Texas, 35.1.2 Purpose. Pursuant to the Texas Local Government Code, Chapters 211, 212, and 213 of the State of Texas, the City Council hereby enacts into law the following Denton Development Code of the City, Texas, for the purposes of promoting the health, safety and general welfare of the present and future inhabitants of the City, Texas; improving the City's appearance, lessening congestion in the streets; furthering traffic safety; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land, avoiding both undue concentration of population and urban sprawl; facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; protecting property against blight and depreciation; encouraging the most appropriate use of land, buildings and other structures throughout the City; securing economy in government expenditures; and for other purposes, all in accordance with The Denton Plan, Comprehensive Plan of the City, Texas, adopted December 7th, 1999. 35.1.3 Short Chapter. This Chapter shall be known as "The Denton Development Code" of the City of Denton, Texas. 35.1.4 Rules of Construction. All provisions, terms, phrases and expressions contained in the Denton Development Code shall be tlAM1kt&9& The Director of Planning and Development is responsible for making any interpretations of this Chapter. The time in which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. 1. "Day" means a calendar day. 2. "Week" means seven (7) calendar days. Subchapter I .... - .......................... -- ......... . .... ---- .................... .................I.......................................................................................... Development Code "MMY 4. "Year" means a calendar year. C. Delegation of Authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize a subordinate to perform the required act or duty, unless the terms of the provision or section specifies otherwise. D. Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, b' technical words and phrases and such others as may have acquired a peculiar and appropriate meaning law shall be construed and understood according to such meaning. I In case of any difference of meaning or implication between the text of this chapter and any illustrations or figure, the text shall control. 35.1.5 Application of this Chapter. -.1-11--l- .. ........... A. Permits or approvals authorizing a particular use of land or structure shall transfer with the ownership of the land or structures. So long as land or structures, or any portion thereof, continue to be used for the purpose and in the manner authorized by a permit or approval, no person, including a successor or assign of the person who obtained the permit or approval, may use the land or structure except in accordance with all the terms, conditions, and requirements of the permit or approval. B. All Planned Development Zoning Districts approved prior to the effective date of this Chapter, and which have not submitted a complete application for either a preliminary plat or a general development plan, are obsolete and are hereby repeated on the effective date of this Chapter. The following previously approved Planned Development Zoning Districts shall continue as a special exception in the zoning district and shall continue as a legal conforming use: 1. PD 12, 1-35 at State School 2. PD 111, Oakbrook 3. PD 115, Smith Tract / Kings Ridge 4. PD 120, North Pointe 5. PD 132, The Preserve 6. PD 138, Hunter Ranch Business and Industrial Park 7. PD 139, The Vintage 8. PD 142, Hilcrest Center / Outlet Mall 9. PD 170, Wheeler Ridge 10. PD 172, Wheeler Ridge 11. PD 173, Robson Ranch 12. PD 174, Country Lakes 13. PD 176, Wheeler Ridge 14. PD 187, The Preserve, Section A-3 15. PD 191, Prominence Square 14 Subchapter 1 ........................................................ .......................... .............................. ....... ' ................................. Development Code C. Recent annexations that were not approved prior to the public heating on the Official Zoning Map are as follows: 1. Ordinance No. 2001-386 10/02/01 DISD School Site Loop 288 at Sherman Dr. 2. Ordinance No, 2001-244 07/17/01 Blagg Rd 3. Ordinance No. 2001-451 11/27/01 Hunter Ranch - IH35W 4. Ordinance No. 2002-024 01/08/02 Crawford Road 5. Ordinance No. 2002-027 01/08/02 Robson Ranch North H Lively Rd. 6. Ordinance No. 2002-029 01/08/02 TRIO Project - Masch Branch at Jim Christal Rd. These annexations have been placed in the agricultural zoning classification under Ordinance No. 69-1, as amended. (Reference zoning ordinances with the AG classification) D. Properties located at 722 Oak Street, 1822 Oak Street, 1828 Oak Street, and 1902 Oak Street are zoned MF-1, Multiple -Family Dwelling District-1, under Ordinance No. 69-1, as amended and shall remain MF- 1, Multiple -Family Dwelling District-1, until a zoning procedure is initiated under this Chapter. 35.1.6 Inconsistent Provisions. A. Notwithstanding any other ordinance or requirement of the City Code of Ordinances to the contrary, the provisions of this chapter establish the procedures to be followed in connection with regulations governing the use and development of land. The requirements of this chapter shall control over and supercede any previously enacted and inconsistent provision of the City Code of Ordinances or any other ordinance. B. After consulting with the City department charged with enforcing requirements contained in the Denton Development Code, the Director shall recommend the appropriate resolution of inconsistent regulations to a board or commission or the City Council- 35.1.7 Conflict With Private Restrictions. The provisions of the Denton Development Code are ininimum reqwrements for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not the intent of these regulations to interfere with, abrogate, or annul any private casement, covenant, restriction, or other agreement between private parties. When regulations imposed by the Denton Development Code require a greater restriction upon the use of a building or land, or upon the height of buildings, require larger open spaces, or otherwise impose greater restrictions than are imposed or required by other ordinances, rules, regulations, or by private easements, covenants, restrictions, or agreements, the provisions of the Denton Development Code shall control. 35.1.8 Severabil In the event any one or more of the provisions of this Chapter shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, it is the intention of the City Council that such illegality or invalidity shall not affect any other provision hereof, but this Chapter shall be construed and enforced as if such illegal or invalid provision had not been contained. W 35.1.9 Effective Date. This Chapter shall become effective on February 20, 2002, and the City Secretary is hereby directed to cause the caption of this Chapter to be published twice in the Denton Record Chronicle, official newspaper of the City, Texas, within ten (10) days of the date of its passage. 35.1.10 Enforcement and Penalty. ............. - 35.1.10.1 Compliance Required. A. No person may use, occupy, or develop land, buildings, or other structures, or authorize or permit the use, occupancy, or development of land, buildings, or other structures under the control of the person except in accordance with all applicable provisions of this Chapter. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land. B. The owner of any building or land, or part thereof, where anything in violation of this Chapter is placed or used, and any architect, builder, contractor, agent, or any other person employed in connection therewith, who may have assisted or contributed to the commission of any such violation, shall each be deemed guilty of a violation of this Chapter. C, The City shall not issue a building permit or certificate of occupancy required by this Chapter for any land located within the jurisdiction of the City to which this Chapter applies, until and unless there is compliance with this Chapter. D. The City shall not connect City water, sewer or electricity to any property to which the provisions of this Chapter apply, unless and until there is compliance with the provisions of this Chapter. 111111111IFIM1111311 . * I - A. Before suspension or revocation pursuant to this division, the Building Official may give notice of intent to suspend or revoke, which notice may specify a reasonable time for compliance with this Chapter. B. If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired. f- The Building Official shall not be required to provide notice of intent to suspend or revoke for violations of this Chapter that cause imminent destruction of property or injury to persons. 35.1.10.3 Suspension and Revocation of a Variance or Special Exception. A. When the City determines there is a failure to comply with any term, condition, or requirement made a condition of the approval of a variance or special exception, the City Council may direct the Building Official or Director, as appropriate, to suspend the variance or special exception pending compliance with the terms, conditions, or requirements under which the variance or special exception was approved. B. Notice of suspension or revocation of a variance or special exception shall be sent by certified mail, return receipt requested. The body granting the variance or special exception shall hold a public hearing no later than 45 days after notification. If the body granting the variance or special exception determines there is a failure to comply with any term, condition, or requirement made a condition of the variance or special exception, the body may revoke the variance or special exception or take such action as it considers necessary to ensure compliance. D. A decision to revoke a variance or special exception is effective immediately. Notice of the decision by the body shall be sent by certified mail. FLAW11101 $J I Fuld I [WROB R 35.1.10.4 Enforcement and Penalties. A. Any person, firm or corporation who shall violate any of the provisions of this Chapter or who shai-fal comply with any provisions hereof within the corporate limits of the City of Denton shall be guilty of a misdemeanor and upon conviction shall be fined with the maximum fine in the amount of two thousani, dollars ($2,000) for a violation of any provision governing the public health, safety and welfare and shall be fined with the maximum fine in the amount of five hundred dollars ($500) for any other violation. = 11 illl!ll!llll!l•l!l! 1 111111!1!1111 I'll p•lill I•li Ill !Ili I■ 1 11111 • C. Any person, firm or corporation who shall violate any of the provisions of this Chapter or who shall fail to comply with any provisions hereof within the extraterritorial jurisdiction of the City, outside the corporate limits, shall not be guilty of a misdemeanor; however, the City may institute any appropriate action or proceeding in the District Court to enjoin the violation of this Chapter. Di The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction may be exercised in enforcing this Chapter whether or not there has been a criminal complaint filed. E. In addition to the aforementioned penalty, the right is hereby conferred and extended to any property owner owning property in any district where such property may be affected by a violation of the terms of this Chapter, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners. Subchapter 2 — Official as Sections: 35.2.1 Compliance Required. 35.2.2 Classification of District. 35.2.3 Official Zoning Map. 35.2.4 District Boundaries. 35.2.5 Digital Mapping. 35.2.6 Changes to the Zoning Map. 35.2.1 Compliance Required. extende , enlarged, or altered contrary to e provisions of this Chapter. 35.2.2 Classification of Districts. For the purpose of this Chapter, City is divided into zoning districts designated as follows: Zoning Districts Abbreviated Designation Rural Districts Rural Residential RD-5 Rural Commercial RC Neighborhood Residential Neighborhood Residential 1 NR-1 Neighborhood Residential 2 NR-2 Neighborhood Residential 3 NR-3 Neighborhood Residential 4 NR-4 Neighborhood Residential 6 NR-6 Neighborhood Residential Mixed Use 12 NRMU-12 Neighborhood Residential Mixed Use NR1\4U Downtown University Core District Downtown Residential 1 DR-1 Downtown Residential 2 DR-2 Downtown Commercial Neighborhood DC-N Downtown Commercial General DC-G Community Mixed Use Centers Community Mixed Use General CM-G Community Mixed Use Employment CM-E Regional Mixed Use Centers Regional Center Residential 1 RCR-1 Regional Center Residential 2 RCR-2 Regional Center Corranercial Neighborhood RCC-N Regional Center Commercial Downtown RCC-D Employment Centers Employment Center Commercial EC-C Employment Center Industrial EC-1 Industrial Centers Industrial Center Employment IC-E Industrial Center General IC-G ��Mzzm 0 VD&TIN to] 01 ON It A h Subchapter 2 ................................................. — ....... . ......... .............................................................................. ........................................... ............... — Development Code 35.2.3 Official Zoning Ma.p ... ........ ....... . . . ..... . .......... A. The following maps are adopted contemporaneously with the text of this Chapter and shall be considered an integral part of this Chapter: 1. The location and boundaries of the districts designated in this Chapter are established as shown on the map entitled "Official Zoning Map of City" (hereafter referred to as the "Zoning Map"), dated as of the effective date of this Chapter. The following maps are adopted as components to the City Zoning Map: a. Environmentally Sensitive Areas Map. b. Airport Overlay Map. c. Historic District Overlay Map. d. Fry Street Area Plan Map. e. Central Business District Map. 2. Future Zoning Map for the Denton Urbanized Area, adopted as an integral component of the Comprehensive Plan; and B. The signed originals of said maps shall be maintained on file in the office of the Director of Planning and Development and, by reference, are made a part of this Chapter as if fully incorporated. C. Exemplified copies of said maps may also be maintained in the offices of the Planning and Development Department for public inspection. Distribution copies shall be available for sale in the office of the Planning and Development Department at such cost as from time to time established by resolution of the City Council. 35.2.4 District Boundaries. Unless otherwise specified, district boundaries are lot lines, the centerlines of streets, creeks and railroad right- of-way, or such lines extended. If a district boundary divides a lot into two (2) districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary, provided the boundary adjustment is for a distance not to exceed twenty (20) feet. 35.2.5 Digital Mapping. ........... 11 . "I'll - ..... .............. - ................. Digital maps, created through the use of geographic information system technology, containing registration points recorded on the Texas State Plane Coordinate System, as amended, may be used in the administration and enforcement of this Chapter, but shall not replace the paper originals of official maps required by this Chapter. 35-2.6 Changes to the Zoning Map. 1.1-1.1-1.1 1-1-1 .. ... .. ... . 1� 1� I'll, ................. A. If, in accord with the provisions of this Chapter, changes are made in district boundaries portrayed on the Zoning Map, the date of such changes shall be promptly noted on the Zoning Map after the amendmeni has been approved by the City Council and duly noted in the minutes of the City Council meeting. B. No changes of any nature shall be made to the Zoning Map except in conformity with the procedures set forth in this Chapter. N Subchapter 3 Development Code Subchapter 3 — Procedures Sections: 35.3.1 Purpose. 35.4.2 Procedures and Application Requirements. 35.3.3 Denton Plan Amendment Procedure. 35.3.4 Zoning Amendment Procedure. 35.3.5 Planning and Zoning Commission Procedure. 35.3.6 Board of Adjustment Procedure. 35.3.7 Staff Review Procedure, 35.4.8 Local Permit Procedure. 35.4.9 Religious Freedom Procedures. 35.3.1 Purpose. 35.3.2 Procedures and Application Requirements. ...... . ..... ..... . .. 1. Denton Plan Amendment: requiring action by the City Council after recommendation from the Planning and Zoning Commission. 2. Zoning Amendment: requiring action by the City Council after recommendation from the Planning and Zoning Commission. 3. Planning and Zoning Commission: requiring action by the Planning and Zoning Commission. 4. Board of Adjustment: requiring action by the Board of Adjustment. 5. Staff Review: requiring action by City Staff. 6. Local Permit: requiring action by the Director of Planning and Development. 1. A record owner or the record owner's agent may file an application for a planning action required by this Chapter. The Director or Building Official may require an applicant to provide documentation of the applicant's authority to file an application. 2. The Director may adopt rules establishing the requirements for any application required under this Chapter. The rules shall be published in the Application Criteria Manual. The rules shall include the information required by the Director or the Building Official to determine if the application is complete. 3. A complete application shall be submitted along with the application fee. The fees shall be established by the City Council and be published in the Application Criteria Manual. 4. The Director or the Building Official shall disapprove an application and shall not accept an application unless the application is complete. An application is complete if the application contains the information required by the Application Criteria Manual. 5. The applicant may resubmit the application for approval by the Director or the Building Offic' I along with the resubmittal fee according to the Application Criteria Manual. i 0 Subchapter 3 . . ...... 1.1- .......... ---- ------ 1.1--a—.— .. . ............... ................ ....... ................................................. Development Code 6. An Applicant may appeal the disapproval of an application to the Board of Adjustment. 35.1131.3 Dento,nPial,n"Al,mendm...en't Proce"Idurle'. A. The following actions shall follow the Denton Plan Amendment Procedure: 1. Consider adoption of a new comprehensive plan or amendment to The Denton Plan. 2. Consider adoption of a new development code. 3. Consider an application for a zoning change that does not conform to the Future Land Use element of The Denton Plan. B. Criteria for approval - Generally: 1. A complete application and fee shall be submitted. 2. The application shall address the impact of the proposed change on the following: a. The Goals and Objectives of The Denton Plan, b. The Future Land Use element of The Denton Plan, c. The balance of land uses in the City; d. Adequate Public Facility elements of the Denton Plan, and how the proposed change will affect the provision of the services anticipated in The Denton Plan. 3. The actions in Section 35.3.3.A shall be further evaluated under the following factors to balance the interest in promoting the public health, safety, morals, or general welfare against the right to the use of the property in issue: a. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations; b. The possible creation of an isolated district unrelated to adjacent and nearby districts; C. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements; d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures; c. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity; f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map; and g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. 1440RUNWIRM 1. Initiation may be made by: a. Recommendation of the City Council. b. Recommendation of the Planning and Zoning Commission. c. Recommendation of the City Manager. LUI Subchapter 3 ....................................................... l—, Development Code d. Application by the property owner(s). As outlined in the Application Criteria Manual, the application shall be executed by all property owners, or their authorized agents. 2. If initiated by the property owner, the application must be submitted at least ninety (90) days prior to the first meeting of the Planning and Zoning Commission in January, April, July or October. A public hearing shall be held before the Planning and Zoning Commission in accordance with state law. 3. Following the public hearing before the Planning and Zoning Commission, the Planning and Zoning Commission shall make a report and forward the report to the City Council in accordance with the City Charter and state law. 4. A public hearing shall be held before the City Council as required by state law. a. Notice of such hearing shall be given by publication in a newspaper of general circulation in the City stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. b. The adoption or amendment of a new comprehensive plan or the adoption of a new development code shall become effective by a simple majority vote of all members of the City Council qualified to vote. C. The adoption of a zoning change that does not conform to the Future Land Use element of the Denton Plan to follow the procedures outlined in Section 35.3.4.C. d. After closing the public hearing, the City Council may take action consistent with The Denton Plan. 5. If an application is denied, then the subject property shall not be eligible for resubmittal for twelve (12) months unless the applicant can show a substantial change in circumstances to justify a resubmittal. D. Appeals: 1. The City Council decision is a final action and may not be appealed. 35.3.4 • Amendment Procedure. A. The following actions shall follow the Zoning Amendment Procedure: 1. Consider an amendment to the Denton Development Code. 2. Consider an application for a zoning change that conforms to the Future Land Use element of the Denton Plan, 3. Consider an application for a Specific Use Permit. 4. Consider an application for an Exaction Variance from the Subdivision Regulations. 5. Consider an application to expand a Special Exception. 6. Consider an application for an Alternative Development Plan. B. Criteria for approval - Generally: 1. A complete application and fee shall be submitted. 2. Applications may be approved when the following standards are met: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. b. The proposed Specific Use Permit meets the criteria set forth in Subchapter 6, and conforms to the purpose and intent of The Denton Plan. 51 Subchapter 3 ............... ............................ . . ...... __ ........... ...... ........................................... Development Code c. The proposed rezoning or Specific Use Permit facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. d. The proposed Exaction Variance is appropriate based on a finding that the imposition of the regulation(s) exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted. e. The proposed Special Exception (or expansion) to the zoning regulations is appropriate based on the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such building or upon such land, traffic conditions in the vicinity, and conformance of such area to the Zoning Map and The Denton Plan. In granting a special exception the board may designate conditions that, in its opinion, will secure substantially the purpose and intent of this Chapter. A special exception shall only be granted upon a finding that: i The exception is in harmony with this Chapter; ii The public welfare and convenience are substantially served; iii Neighboring property is not substantially injured; iv The exception will not alter essential character of the district and immediate neighborhood; and v The exception will not weaken the general purposes of this Chapter. f. The proposed Alternative Development Plans meet the intent of the Denton Plan and Development Code. 1. Initiation of a Zoning Amendment procedure may be made by: a. Recommendation of the City Council. b. Recommendation of the Planning and Zoning Commission. c. Recommendation of the City Manager. d. Application by the property owner, or their authorized agent. 2. A public hearing shall be held before the Planning and Zoning Commission in accordance with state law. 3. Following the public hearing before the Planning and Zoning Commission, the Planning and Zoning Commission shall make a report and forward the report to the City Council in accordance with the City Charter and state law. 4. A public hearing shall be held before the City Council as required by state law. a. Notice of such hearing shall be given by publication in a newspaper of general circulation in the City stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. b. If a proposed amendment has been denied by the Planning and Zoning Commission, such amendment shall not become effective except by a three -fourths (3/4) vote of all members of the City Council qualified to vote. C. If a proposed rezoning of property has been protested in writing by the owners of at least twenty percent (20%) of the area within two hundred feet (200'), such amendment shall not become effective except by a three -fourths (3/4) vote of all members of the City Council qualified to vote. 5. After closing the public hearing, the City Council may take action consistent with The Denton Plan and the Development Code. IN Subehapter 3 .......................................... ............................................. .......... --- ....... --- .... — ....... — ... I Development Code 6. If an application is denied, then the subject property shall not be eligible for resubmittal for twelve (12) months unless the applicant can show a substantial change in circumstances to justify a rcsubmittal. 35.3.5 Planning and Zoning Commission Procedure. .............. A. The following actions shall follow the Planning and Zoning Commission Procedure: M 2. Consider an application for a Hardship Variance from the Subdivision Regulations. B. Criteria for approval - Generally: 1. A complete application and fee shall be submitted. 2. Applications may be approved when the following standards are met: a. The proposed Plat meets the requirements of Subchapter 16 and state law. b. The proposed Hardship Variance is appropriate based on a finding that unreasonable hardships or difficulties may result from strict compliance with the subdivision regulations or the purposes of the regulations may be served to a greater extent by an alternative proposal. A variance may be approved so that substantial justice may be done and the public interest secured; provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning and Zoriing Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: i The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; ii The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; iii Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the subdivision regulations is carried out; iv The variance will not in any manner vary the provisions of The Denton Plan, the Development Code, and the Denton Mobility Plan, except that those documents may be amended in the manner prescribed by law; and 1. Initiation of a Planning and Zoning Commission procedure may be made by: a. Recommendation of the City Manager. b. Application by the property owner, or their authorized agent. 2. A public hearing shall be held before the Planning and Zoning Commission in accordance with state law related to residential Replats and Variance applications. 3. A public meeting shall be held before the Planning and Zoning Commission in accordance with state law related to Plats and Alternative Development Plan applications. 4. After closing the public meeting, the Planning and Zoning Commission may take action consistent with The Denton Plan and the Development Code. IN Subchapter 3 ............. Development Code 1. The Planning and Zoning Commission decision on Plats is final and may not be appealed. 2. The Planning and Zoning Commission decision on a Hardship Variance may be appealed to the City Council by the applicant. 35.3.6 Board of Adjustment Procedure. ME= 2. Consider an application fora Valiance from the sign regulations. 3. Consider an application to change, reestablish or terminate a Nonconforming Use. IME WAIMMUIRIM M11M 2. The board may grant a variance from the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, and landscaping regulations where literal enforcement of the regulations will result in an unnecessary hardship and where the variance is necessary to develop a specific parcel of land, which because of site's shape, size or topograpahy differs from other parcels in the same district, and that it can not be developed in a manner commensurate with the development allowed for the other parcels. A variance shall not be granted to relieve a self-created or personal hardship or to relieve a purely financial hardship. In granting any variance, the board may designate conditions, which, in its opinion, will secure substantially the purpose and intent of the Development Code. A variance shall only be granted upon a finding that: a. Special circumstances or conditions apply to the parcel for which the variance is sought, which circumstances or conditions are peculiar to such parcel and do not apply generally to other parcels in the same district or neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such parcel; b. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the district or neighborhood in which the parcel is located; c. The granting of the variance is necessary for the reasonable use of the parcel and that the variance granted is the minimum variance that will accomplish this purpose; and d. The literal enforcement and strict application of the provisions of this ordinance will result in an unnecessary hardship inconsistent with the general provisions and intent of this ordinance and that in granting such variance the spirit of the ordinance will be preserved and substantial justice done. 3. The board may grant a variance from the sign regulations only upon a finding that all of the following exist: a. Due to some unique condition or feature of the parcel which is not generally common to other parcels, literal compliance with the sign regulation would cause unnecessary hardship; b. The granting of the variance will not violate the spirit or the intent of the regulations; and C. The condition or feature which creates the need for the variance did not result from the owner's acts. El Subchapter 3 ............ Development Code 4. The board may authorize the actions described below with respect to nonconforming uses if the actins would not unreasonably increase the impact to the surrounding properties, nor substantially prolong the life of the nonconforming use. Action by the board shall have due regard for the property rights of the person or persons affected and shall be considered in regard to the public welfare, character of the neighboring properties, and the conservation, preservation and protection of property. Based on the foregoing criteria, the board may authorize the following actions: i The reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other causes to the extent of more than fifty percent (50%), but less than the total of the replacement cost of the structure on the date of the damage. ii The enlargement, expansion or repair of a nonconforming structure in excess of fifty percent (50%) of its current value. In such instance, current value shall be established at the time of application for a hearing before the board. If such expansion or enlargement is approved by the board, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel. A person shall not expand a nonconforming use beyond the lot on which the use is located however, the board may allow the person to provide off-street parking or loading spaces on another lot; iii A change of use from one nonconforming use to another nonconforming use, provided that such change is to a use of a more restricted classification. In the event that a nonconforming use is changed to a nonconforming use of a more restricted classification, the building or structure containing such nonconforming use shall not later be reverted to the former lower or less restricted classification. The board may establish a specific period of time for the conversion of the occupancy to a conforming use; iv To authorize the occupancy of an abandoned nonconforming structure. Such action by the board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character of the area surrounding such structure, and the conservation, preservation and protection of property. 5. The Board may review and approve, reverse, or modify any staff determination made pursuant to Sections 35.3.7.A.3 and A.4 of this Subchapter. The decision of the board shall be based on the intent of this Chapter. WE -am 1. Initiation of a Board of Adjustment procedure may be made by: a. Recommendation of the City Manager. b. Application by the property owner or their authorized agent. 2. A public hearing shall be held before the Board of Adjustment in accordance with state law. 3. After closing the public hearing, the board may take action consistent with the Development Code and state law. A concurring vote of six (6) members of the board shall be necessary to reverse an administrative decision of the staff, or to approve an application on any matter upon which the board is required to act under this Chapter. 35.3.7 Staff Review Procedure. A. The following actions shall follow the Staff Review Procedures: 15 Subchapter 3 ............................................................. ...... Development Code 2. Consider an application fora or Plats; 3. Make determinations regarding the application and interpretation of standards, criteria, and requirements of this Chapter; and 4. Make determinations regarding the appropriate designation for new and unlisted uses based on similar uses that are described. B. Criteria for approval — Generally: 1. A complete application and fee shall be submitted. 2. Applications may be approved when the following standards are met: a. The proposed Site Design meets the requirements of The Denton Plan and the Development Code; and b. The proposed Minor Plat meets the requirements of the Development Code and state law. C. Procedure: 1. Initiation of a Staff Review procedure may be made by: a. Recommendation of the Director of Planning and Development; or b. Application by the property owner or their authorized agent. 2. Within thirty (30) days after receipt of a complete application, the Staff shall issue a written decision to the applicant, D. Appeals: 1. A Staff decision on Site Design reviews may be appealed to the Planning and Zoning Commission. 2. A Staff decision on Minor Plats is final and may not be appealed. 3. A staff determination pursuant to Sections 35.3.7.A.3 and A.4 may be appealed to the Board of Adjustment. 35.3.8 Local Permit Procedure. A. Upon application, the Director may allow an application to be processed under preexisting land development regulations if: 1. The applicant can demonstrate that he had a pre-existing, investment -backed, good faith expectation that he would be permitted to commence and complete a specific project under the standards set out in Paragraphs C, D, and E, or 2. The applicant can demonstrate a project in progress pursuant to state law, B. Definition: 1. For the purpose of this subchapter, an "investment backed expectation" is defined as the expenditure of substantial sums of money which cannot be recovered or an irreversible change of position that imposes on the applicant an obligation to expend substantial si-m-is of money in the future. 2. For the purpose of this section, the "date of notice that the revised regulation is in progress" shall be when an amendment is posted on an agenda of the Planning and Zoning Commission in accordance with state law. C. In considering whether a development expectation may be processed under preexisting regulations, the Director may consider: IN Subchapter 3 .................... ........... ............. ............................... .......... - ........ ................... I ....... ................................ 1 ------- ... --- Development Code 1 , Whether there has been an act of the City or an officer or agency of the City upon which the applicant in good faith has relied to his detriment in a manner that makes it inequitable to enforce the terms of the currently effective development regulations with respect to the applicant's property. 2. The extent to which the applicant has, prior to the date of notice that the revised regulation is in progress made a substantial commitment of money or resources directly associated with physical improvements on the land such as grading, land balancing, installation of utility infrastructure or other public improvements, or for the design of specific buildings and improvements to be constructed on the site. 3. The extent to which the applicant has secured permits for, and commenced or completed, the construction of subdivision improvements and buildings in part but not all of a project that was contemplated to extend over a period of months or years. 4. Whether the applicant prior to the date of notice that the revised regulation is in progress has made contractual commitments to complete buildings and deliver title thereto or occupancy thereof. 5. Whether prior to the date of notice that the revised regulation is in progress the applicant has incurred financial obligations to a lending institution, which, despite a thorough review of alternative solutions, the applicant will be unable to meet unless he is permitted to proceed with the proposed development. 6. Whether enforcement of the terms of the currently effective development regulations will expose the applicant to substantial monetary liability to third persons; or will leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property. 7. Whether the right of the applicant to commence and complete the proposed development may have been processed only with respect to an identifiable and discrete portion of the proposed development. D. An applicant may commence and complete construction of a specific proposed project, or a portion thereof, if the applicant can demonstrate that: 1. He owned the parcel proposed to be developed on the date of notice that revised regulation was in progress with respect to such parcel and the specific development proposed for the parcel was then lawful and permitted. 2. Applying the consideration set out in Paragraph C of this subchapter, the development expectations of the applicant were reasonable and final when formulated and investment -backed. 3. Requiring that the applicant's property be developed in accordance with the currently effective development regulations will, considering the investment of applicant prior to the date of notice that rezoning is in progress, deprive the applicant of a reasonable rate of return on his investment. In determining the reasonableness of the proposed rate of return, the following categories of expenditures shall not be included in the calculations of the applicant's investment. a. Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the projected development. b. Expenditures for taxes except for any increases in tax expenditures, which result from governmental approvals or the construction of improvements on the property of the applicant. c. Expenditures which the applicant has allocated to the particular proposed project but which the applicant would have been obliged to incur as an ordinary and necessary business expense (for example, employee salaries, equipment rental, chattel mortgage payments) had the plan for the particular project not been formulated. E. General Provisions. 1. The fact the property has been or is in a particular zoning classification under this Chapter, or any prior Zoning Ordinance of the City, shall not, in itself, establish that an applicant may proceed to process the application. E Subchapter 3 ........................... - ...... Development Code 2. Any person, firm, or corporation having an ownership interest in property may file an application for a determination of the right to process the application. The application shall contain such other information as the Director may specify to make the determination. 3. A determination of the Director with respect to allow a permit to be processed under preexisting .regulations shall expire and be of no further force or effect unless construction is actually commenced within one (1) year of the date the determination is made. 4. Any person, firm or corporation, having an ownership interest in the property, and claiming a right to commence and complete a specific proposed development who does not file an application for a determination under this subchapter, within six (6) months of the effective date of a revised regulation shall be deemed to have waived his right to seek such a determination. 5. An applicant may appeal the Director's determination within 10 days by filing an application as a Zoning Amendment as outlined in Section 35.3.4.C. 6. A determination that a permit may be processed under preexisting regulations shall be treated as a special exception to the underlying zoning regulation. 35.13719 Free'dom Procedurel-s-.1-1111111 A. A person may claim that a provision of the Denton Development Code substantially burdens the person's free exercise of religion. In making such a claim a person shall give written notice to the City by certified mail, return receipt requested according to the provisions of Texas Civil Practice & Remedies Code 100.001, et. seq. (Vernon Supp. 2001). 11IR-M tl I I I JMW W.M U1741 Ud -K1 W1J 4MMa 1K 1 0 is i is IN Subchapter 4 Development Code Subchapter 4 — Boards, Commissions and Committees. Sections: 35.4.1 Planning and Zoning Commission. 35.4.2 Board of Adjustment. 35.4.3 Historic Landmark Commission. 35.4.4 Development Review Committee. 35.4.1 Planning and Zoning Commission. ...................................... ............... A. A Planning and Zoning Commission is established which shall consist of seven (7) real property taxpayers, who, during their respective terms of office and for at least one year prior to the beginning thereof, shall be residents of the City. They shall be appointed by the City Council for a term of two (2) years, provided four (4) members shall be appointed each odd -numbered year and three (3) members each even -numbered year. The City Manager, Mayor, and Director of Planning and Development shall serve as ex officio members of the Planning and Zoning Commission, but shall have no vote. B. None of the appointed members shall hold any other public office or position in the City while serving on the Planning and Zoning Commission. The Planning and Zoning Commission shall elect it s chairman from among its members. Seven (7) members shall serve without pay and shall adopt rules and regulations as they deem best governing their actions, proceedings, deliberations, and the times and places of meetings. C. If a vacancy occurs on the Planning and Zoning Commission the City Council shall appoint a commissioner to fill such vacancy for the unexpired term. 35.4.1.1 Operational Procedures. A. The Planning and Zoning Commission may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this Chapter or state law. Meetings of the Planning and Zoning Commission may be held at the call of the chairman or at such other times as the Planning and Zoning Commission may determine and in accordance with the Open Meetings Act. The chairman or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses. B. The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be immediately filed in the office of the Planning and Zoning Commission and shall be a public record. 35.4.1.2 Powers and Duties of the Planning and Zoning Commission. A. The Planning and Zoning Commission shall have the powers and exercise the duties of a Planning and Zoning Commission in accordance with Section 211.007 and Seddon 371.042 of the Texas Local Government Code. The Planning and Zoning Commission's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end shall have the necessary authority to ensure continuing compliance with its decision. The Planning and Zoning Commission powers and duties shall include: 1. Make recommendations to the City Council regarding: a. Adoption of a new comprehensive plan or amendment to The Denton Plan. b. Adoption of a new development code or amendment to the Development Code. C. An application for a Zoning District change. d. An application for a Specific Use Permit. 19 Subchapter 4 . . . ........ -- ............ .............. ..... ........... —'- ...... Development Code • f An application for a Special Exception. 2. Make final decisions regarding Plat applications. 3. Make final decisions regarding Hardship Variances. 4. Make final decisions regarding Alternative Development Plans. 35.4.2 Board of Adjustment A. A Board of Adjustment (Board) is established which shall consist of seven (7) members, each to be appointed by a majority of the City Council for staggered terms of two (2) years and may be removed for cause by the City Council. All members of the Board of Adjustment shall serve without pay. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. B. The City Council shall appoint three (3) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more of the regular members when requested. It shall be deemed at their appointment that they have been requested by the Mayor and City Manager to fill in for an absent regular member whenever requested by the Director of Planning and Development. The alternates shall be designated the first, second, and third alternate, and shall serve in the absence of one (1) or more members. Alternate members shall serve in their designated numerical order. For example, in the absence of one member of the Board of Adjustment, the first alternate shall serve. C. Alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years. Alternate members shall be subject to removal in the same manner as regular members. Any vacancy shall be filled in the same manner as for regular members for the unexpired term, D. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of six (6) members. A. The Board of Adjustment may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this Subchapter or state law. Meetings of the Board of Adjustment may be held at the call of the chairman or at such other times as the Board of Adjustment may determine and in accordance with the Open Meetings Law. The chairman or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses. B. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record. C. Appeals to the Board of Adjustment can be taken by any person aggrieved, the City Council or the City Manager. An appeal shall be submitted to the Planning and Development Department within fifteen (15) days after the decision has been rendered. The Director of Planning and Development shall transmit to the Board of Adjustment all the documents constituting the records upon which the action appealed was taken from. D. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Planning and Development certifies to the Board of Adjustment, after the notice of appeal shall have been filed, that in his or her opinion such stay will cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the G• of Adjustment or a Court of Record on application or notice to the administrative official and on due cause shown. Criminal action commenced in the Municipal Court of the City shall not be stayed. NX Subchapter 4 ..................... ................................. Development Code No appeal to the Board of Adjustment for the same or a related action on the same piece of property be allowed prior to the expiration of six (6) months from a previous ruling by the Board of Adjustment on any appeal to such body wiless other property in the immediate vicinity has within the said six (6) month period been changed or acted on by the Board of Adjustment or City Council so as to alter the facts and conditions upon which the previous Board of Adjustment action was based, as determined by the Board of Adjustment. Such change of circumstances shall permit the rehearing of an appeal by the Board of Adjustment prior to the expiration of a six (6) month period, but such conditions shall not have any force in law to compel the Board of Adjustment, after a hearing, to grant a subsequent appeal; such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought. U. At a public hearing relative to an appeal, any interested party may appear before the Board of Adjustment in person or by agent or by attomey. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Board of Adjustment on any matter. Any action granting a variance authorizing the issuance of a building permit or Certificate of Occupancy shall be valid only for a period of ninety (90) days from such action, unless the building permit or Certificate of Occupancy is secured in the ninety (90) day period, in which event the action shall be permanent. The Board of Adjustment shall have the authority to grant a longer period. If the building permit or Certificate of Occupancy is not secured within the ninety (90) day period, or within any extended period granted by the Board of Adjustment, the action of the Board of Adjustment shall become void without prejudice to a subsequent appeal, and such appeal shall be subject to the same regulations and requirements for hearing as specified herein, for the original appeal. A. The Board of Adjustment shall have the powers and exercise the duties of a Board of Adjustment in accordance with Section 211.008 of tl)e Texas Local Government Code. The Board of Adjustment's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end shall have the necessary authority to ensure continuing compliance with its decision. The Board of Adjustment powers and duties shall include: 1. Make final decisions regarding Variances from the Zoning Regulations. 2. Make final decisions regarding Variances from the Sign Regulations. 3. Make final decisions regarding changes, the reestablishment or termination of a Nonconforming Use. 4. Make final decisions regarding an appeal of an Administrative Decision. 35.4.3 Historic Landmark Commission. A. There is hereby created a commission to be known as the Historic Landmark Commission of the City, hereinafter called the "Landmark Commission," composed of nine (9) members appointed by the City Council. The Landmark Commission shall include at least one (1) representative from each of the following organizations or professions: 1. County Historical Commission; 2. The county bar association; 3. A certified public accountant; 4. A registered architect; 5. An owner of real property in the City. B. The other members of the Landmark Commission shall be appointed from such other individuals and organizations as the City Council may in its discretion wish to consult or consider; provide that no one (1) business or professional interest shall constitute a majority membership of the Landmark Commission. PM MI iiii DI Q Ora 11 Mom addition '• the nine (9) members appointed by the City Council, the following persons or their designees shall sit • the Landmark Commission as ex officio ■. lnwz�� D. None of the ex officio members shall have voting power, but shall assist the Landmark Commission in its various functions. E. The fact that • (1) • • • from five (5) fields • • may not at any given point be a member • the Landmark Commission, for whatever reason, shall not affect the validity • any decision or act • the Landmark Commission. F. Members of the Historic Landmark Commission shall be appointed for two-year staggered terms. Vacancies in an unexpired term shall be filled by the City Council for the remainder • the term. P TZ, IF 11 _rJRJ M_ The • Landmark Commission shall meet as • as necessary to dispose • the business •' the Landmark Commission or upon call by the Landmark Commission chairman or upon petition of a simple • • Landmark Commission members. Five (5) members present shall constitute a quorum for the transaction of business, and all issues shall be decided by a majority of those members present and voting, • that in those instances where onl;[ a guorum of five (5) is Vresent at a mecting, all issues shall be decided by at least four (4) affirmative votes. The Landmark Commission shall adopt appropriate rules and regulations for the conduct • its • and the election • its chairman and • • The minutes of each meeting shall be filed in the office • the City Secretary. KIM, A. The Historic • Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be •, for designation as historic landmarks and shall prepare an historic landmark preservation • hereinafter referred to as the "preservation • which shall: 1. Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks; 2. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness and certificates of demolition or removal; 3. Formulate a program for private and public action which will state the role of various City agencies in preservation of historic landmarks; 4. Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources; 5. Recommend to the proper agencies incentives designed to encourage historic preservation. B. The preservation plan shall be presented to the Planning and Zoning Commission for consideration and recommendation to the City Council for inclusion in the comprehensive plan of the City. C. The Landmark Commission shall recommend to the Planning and Zoning Commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the City as historic landmarks. The Landmark Commission shall hold a public hearing on all proposed ordinances and the owner of any land included in the proposed ordinance shall be given at least ten (10) days' written notice of the public hearing. D. If the Landmark • finds that buildings, structures, sites, districts, lands • areas cannot •. • without acquisition, the Landmark Commission may recommend to the City Council that the OX Subchapter 4 ............. ...... --- .......................... .........I.—... .1—...-Development Code fee or a lesser interest of the property in question be acquired by gift, device, purchase, eminent domain or otherwise, pursuant to the Charter and state and federal law. E. Where there are conditions under which the required preservation of an historic landmark would cause undue hardship on the owner, use district changes may be recommended by the Landmark Commission. F. The designation of an historic landmark may be amended or removed using the same procedure provided in this article for the original designation. G. The Landmark Commission shall provide information and counseling to owners of designated historic landmarks. H. Any person making application to have any building, structure, site, district, area or land designated as an historic landmark pursuant to the provisions of this article shall pay to the Planning and Development Department a filing fee in an amount determined and as from time to time amended by ordinance by the City Council, a copy of which ordinance is on file with the department. 35.4.4 Development Review Committee. A Development Review Committee is established to provide a coordinated and centralized technical review process for all developments required to comply with the requirements of this Subchapter. The members of ment Re-xiew Committee shall be com-,sosed of �%ersons from various Ciq, devartments which have an interest in the development review and approval process, as designated by the City Manager. The City Manager shall provide a chairperson who shall be responsible for. 35.4.4.1 Operational Procedures. The Development Review Committee shall meet as often as necessary to dispose of the business of the Development Review Committee or upon call by the chairman. All issues shall be decided by the chairman based upon consensus from the members of the Development Review Committee, The chairman shall create appropriate rules and regulations for the conduct of the Development Review Committee. The meeting notes of each meeting shall be filed in the office of the Planning and Development Department. The Development Review Committee shall be responsible for making determinations on the application and interpretation of guidelines, standards and requirements of this Subchapter. The Development Review Committee may require the applicant to submit additional information not otherwise specifically required by this Subchapter, which is reasonably necessary to review and determine whether the proposed development and required facilities meet the requirements of this Subchapter. N Subchapter 5 ................ ........................................... Development Code 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 RD-5 RC Agriculture P P Livestock . ........ . L(7) L(7) --------- — Single Family Dwellings — ---- . . .... P P ..... .......... .. ............. Accessory Dwelling Units v P P Attached Single Family Dwellings N N ------- --- Dwellings Above Businesses N P ----------- - — ---------- Live/Work 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 P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in . . . . . .. ...................... Section 35.5.8 25 Subchapter 5 Development Code CategoriesCommercial Land Use -D Home Occupation P P Sale of Products Grown on Site P P ............ ...M....... ..— Hotels -._..M1- ...........M..,.... N N Motels N N Bed and Breakfast L(10) P ..... ._-. �. -. _. -..-_.......... .......... Retail Sales and Service ...... ......... N � .... N ,.._. Theaters Less 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 ___ _, ..,M ._........... Commercial Parking Lots N N a. _.-------........... Administrative or Research Facilities SUP L(15) 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 Subchapter '--'—.............................. -------........ --................ --'........... ........................... ---Development Code - Industrial Land Use Categories RD-5 RC Manufacture of Non -odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N SUP 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 Veterinary Clinics P P Sanitary Landfills," N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P=Permitted, w=nmpermitted, 8UP=Specific Use Permit Required, L(X) Limited as defined in Section 35.5.8 Subchapter '''''''''~~~^'............................... '~--'~''—^^'^~''''~~'~'~'' Development Code Institutional Land Use Categories Basic Utilities RD-5 P RC P Community Service N P Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges N P Adult or Child Day Care P P Kindergarten, Elementary School P P Middle School N N High School N N Elderly Housing N N Medical Centers N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 FW1 Subchapter 5 ............... I ................. ........................................... .......................... ................................... Development Code 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 - . .... ... ... RQ 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 i 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 RD-5 RC Maximum density, dwelling units per acre 0.2 0.5 . ....... . . Minimum building separation 30 feet 30 feet The following limits apply to A 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 FIE Subchapter ..................... ......... ---'-------........................................... Development Code 30 Subchapter 5 .................................. ..................... .......................... ............................... -...'..----- Development Code 35.5.2 Neighborhood 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 Nhxcd Use 35.5.2.2 Permitted Uses. The following uses and their accessory uses are permitted within the Neighborhood Residential districts; Residential Land Use Categories NR_ NRIVIU- 12 Agriculture P P P P 7L(7) P P P L(7) L(7) L(7) L L(7) L(7) L(77 �7Livestock Single Family Dwellings P P P P P P N Accessory Dwelling Units SU SUP SUP SUP SUP L(I) N Attached Single Family Dwellings N N I SUP 6666 SUP P P SUP ........... Dwellings Above Businesses N N N . .............. N N P P Live/Work Units N N N N L(l 6) 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 P . ..... - P - ----- 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 ------------ RE Subchapter 5 ............ ........ . ........... ....... ......................................... ............. Development Code Commercial Land Use Categ r es o i N R-6 NRMU- 12 Home Occupation P P P P P 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(11 0) P . ......... Retail Sales and Service N N N N N L(l 4) L(11 7) ----------- ........... . .. . ......... . Theaters Less than 1,000 seats .. ..... . ....... N N N N N . ..... N — L(114) I,------ . . . ........... Restaurant or Private Club .. . .......... . -_ N N N N N N L(l 1) Drive -through Facility N N N N N N N Professional Services and Offices N N N N . .. . ...... N L(l 5) L(11 7) ... . . . . ........... Quick Vehicle Servicing N N IN N N N N ------- — ---------- 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(l 4) Broadcasting of Production Studio N N N N N N L(114) 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 RN Subchapter 5 Development Code Industrial Land Use Categories Printing / Publishing7N77N N N N 7N 7N Bakeries N N I N I N I N I L 21) -------------------- Junk Yards and Auto Wrecking N N N N N N N Sanitary Landfills, Commercial Gas Wells L(27) L(27) SUP SUP S 'UP SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 NN Subchapter ................................. ''''''^^~~^—~~'~—^^~~Development Code Institutional Land Use Categories NR-1 i Semi-public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(I 5) P Adult or Child Day Care SUP SUP SUP sup sup P P Kindergarten, Elementary School SUP SUP SUP SUP SUP P P Mortuaries N N N j N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) Limited as defined in Section 35.5.8 34 Subchapter 5 .......... .......................................... --- .............. ............................................. Development Code 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zone are contained in the table below: General Regulations �11 : 1500 1,51 Minimum lot area (square feet) 32,000 16,000 10!00 '0 7,000 6,00*0 3 2 0 0 720 Minimum lot width 80 feet 80 feet - 600 feet 50 feet - 50 feet �30 feet 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 minimum lot size and dimension requirements: The following Emits apply to all buildings: General Regulations 12 Maximum lot coverage 3 0 %. 30°!® 30% 150%. 6!o 60-1. !0(! 60% 80% Minimum landscaped area .. . . . ....... - 0 ... . 70% 70% 70. 50% 50, 1 40% 401 40% ---------- ----- ---- 40% 20% - ----------------------------- ---------- . . . ....................... . - --------------- Maximum building height -------------------------- 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet . ......1 O feet~~~~ iTiaet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for foot for foot for foot for 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 L ..20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet III Subchapter —....... ~--.......... ~^^^~~~ Development Code 36 Subchapter 5 .................................... Development Code 35.5.3 Downtown University Core. Sections: 35.5.3.1 Purpose. 35.5.3.2 Permitted Uses. 35.5.3.3 General Regulations. 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: 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 P P P 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 ----- KN Subchapter '------.................................................... ...... -------- Development Code Commercial Land Use Categ.ries DR-1 I DR-2 I DC-N I DC-G Sale of Products Grown on Site N N N N Bed and Breakfast L(8) L(9) P P Theaters Less than 1,000 seats N N P P Quick Vehicle Servicing N N N SUP Major Event Entertainment N N N SUP ------------- Broadcasting of Production Studio N SUP P P P=Permitted, N=motpermitted, GUP=Specific Use Permit Required, Lp< = Limited ao defined in Section 35.5.8 Subchapter _____________ D��|opmu�Cod Industrial Land Use Categories DC�-N DIC-G Junk Yards and Auto Wrecking N N N N — — ------------- - ------- - - Kennels VN N N N Incinerators, Transfer Stations Gas Wells SUP SUP SUP SUP P=Permitted, N=motpermitted, GUP=Specific Permit Required, LV0=Limited oo defined in Section 35.5.8 9M Subchapter ~^~~~~''^^'^'~....................... '~^^^--^^^^^^'^^'~~~~`~~~'~~~~ Development Code Institutional Land Use Categories 0 Basic Utilities SUP SUP SUP SUP P=Permitted, N=motpermitted, SUP=Specific Permit Required, Lp0=Limited aa defined in Section 35.5.8 40 Subchapter 5 ............... ................. I. - Development Code General regulations of the Downtown University Core District are as follows: General Regdations DR-1 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 foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district 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/ L(33) 100 feet/ L(33) 41 Subchapter -----------...................... ....................... '-- Development Code 42 Subchapter 5 .............................................. ......................... ................................. ................... 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 A/fixed 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 CIVI-E Community Mixed Use Employment 35.5.4.2 Permitted Uses. The following uses are permitted within Community Mixed Use Centers: Oil .• 111 lil 111111 Agriculture P P Livestock L(7) Single Family Dwellings N N ................ Accessory Dwelling Units IN N Attached Single Family Dwellings N N Dwellings Above Businesses P N Live/Work 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, Limited as defined in Section 35.5.8 M Subchapter ----.................................. '--...... '—................Development Code ............................................... Home Occupation N N ----------------- Sale of Products Grown on Site N N Bed and Breakfast P N Retail Sales and Service P L(14) Theaters Less than 1,000 seats P N Restaurant or Private Club P L(114) 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) Required, L;< = Limited oudefined inSection 35.5.8 44 Subchapter ----------'---- Co d '-- opmen Subchapter --------'-----------------------Development Code - - UVII 77COm!Basic Utilities SUP SUP m Community Service P P P P Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges P P Adult or Child Day Care Kindergarten, Elementary School Middle School High School P N N N N N N N Elderly Housing N N Medical Centers P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 ire Subchapter --'-------------------------'---------------------'—'-----------' Development Code General regulations oFthe Community Nfixe6Use Centers are inthe table below: 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 foot for 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 | nOOGF | None Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 65 feet 65 feet 47 Subchapter Development Code 48 Subchapter 5 ....................... .......................................... i ........ .................. ............ ............................. Development Code 35.5.5 Regional Mixed Use Centers ....... ...... Sections: 35.5.5.1 Purpose. 35.5.5.2 Permitted Uses. 35.5.5.3 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 P P 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 - . ........ I ........ - - ----- 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 !E Subchapter 5 Development Code Commercial Land Use Categories Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels . N . . ................................ . . . N 1 .......................... --i P P Motels N N P N Bed and Breakfast L(8) L(9) .. . .................... . L(9) ................................ P I . . . ................ Retail Sales and Service L(I 7) L(l 7) L(l 3) P ------------------- Theaters Less than 1,000 seats N N P P Restaurant or Private Club L(l 1) L(11 1) P P Drive -through Facility N N P P Professional Services and Offices L(l 5) L(114) L(l 4) P 11111111-1-- 1 Quick Vehicle Servicing . . . . . ........................ . N N P P 11-11-1- -------- � . 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(l 4) 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 Ell Industrial Land Use Categories Junk Yards and Auto Wrecking N N N N Veterinary Clinics SUP SUP L(14) P Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) P=Pennitted. N=not permitted, SUP= Specific Use PermitRoquimd. L(X)= Limited as defined in Section 35.5.8 Subchapter 51 Subchapter 5 Develop .......... ....................... Development Code Institutional Land Use Categories Im 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 9M Subchapter 5 ........................ ......................................................... ---- ............... .... -- Development Code .5.5.3 Generl Regulations. General regulations of the Regional NLixed Use Centers are contained in the table below: General Regulations RCC-N RCC-D 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 i 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 foot for 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 footfor foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district 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 W Subchapter --------------......................................... '-----...Development Code ......... 54 Subchapter 5 ............................... I .......................... ... ....... ................ .. .............. ................. - .. . .... --- ............................ Development Code 35-5.6 Employment 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 gori Agriculture P 7L(7)7L(7) P Livestock 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 .... . . . ...... ... ... . . 55 Subchapter --'----'-----... —................................................... ........ Development Code Commercial Land Use Categories Home Occupation N N Sale of Products Grown on Site N N Bed and Breakfast N N Retail Sales and Service P N ------------- Theaters Less than 1,000 seats P 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 92 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 nCenter 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 N N Incinerators, Transfer Stations 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 5 Development Code 57 Subchapter 5 ........ 1- ............................................. ................................ 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 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 W. Subchapter 5 ............................. ---- ........ '-- ... — Development Code 35.5.6.3 General Regulations. General regulations of the Employment Center are as follows: General Regulations Minimum lot area (square feet) EC-C 2,900 2,500 7feet Minimum lot width 20 feet 50 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 I foot for foot for Minimum yard abutting a single family each foot of each foot of use or district 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 . . ........ - Wei Subchapter --'.... ................. — .................................Development Code ......................................................................................... 60 Subchapter 5 ......................... ...... ' ..................................... ...... .......................... __ ............I....., _ 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 — ------------------ Livestock7L(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 I . Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in . ...... ---- Section 35.5.8 61 Subchapter 5 ...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 1111- . . ............................ . . Theaters Less than 1,000 seats . . . .................... . N . . ................................................... N Restaurant or Private Club L(l 4) 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 M, ....,.., Subchapter 5 Development Code CategoriesIndustrial Land Use Printing I Publishing L(25) 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 N SUP Incinerators, Transfer Stations 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 5 - .... I—, ....... --- ......... Development Code Institutional Land Use Categories 1� Basic Utilities P 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(11 9) N Kindergarten, Elementary School N N _1__1__..1 . . . . . . . . . . . .. . 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 Z 35.5.7.3 General Regulations. General regulations ofthe Industrial Centers are contained inthe table below: General Regulations 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 foot for foot for Minimum yard when abutting a each foot of each foot of residential use or district building building height height i above above Maximum FAR U 0J5 U 0.40 Maximum lot coverage 800%, 90%, 00 JOV Maximum building height 100 feet 65 feet Subchapter ~^~~~~^~~'^^^^'^^~` Q�ndn�uo�Cod �� 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 Subchaptet 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) = L(6) = Permitted only on 2,111 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. 5. The business -owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 6. 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. 7. That only one ground or wall sign, constructed of a non -plastic material, non-i-titerior 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. 8. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 9. All traveler's 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. 10. Excluding the business -owner's 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. 11. Traveler's accommodations are limited to no more than 8 guest units. MM Subchapter 5 . ...... . ............................................ ____..1 ............................. ...................,,..- 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, no take-out service 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 part 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 any 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. WA MIMa I' IRMIA31430 I IM 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) = MIN Subehapter 6 .... . . . .... .......... ................ - .............. - ..... ................................... ............ ..... - ..... 1- Development Code Subchapter 6 — Specific Uses Sections: 35.6.1 General. 35.6.2 Definitions. 35.6.3 Procedure. 35.6.4 Plan Requirements. 35.6.5 Approval Criteria. 35.6.6 Conditions. 35.6.7 Revocation; Abandonment. 35.6.1 General. .............. Certain uses are permitted in each zoning district only by Specific Use Permit. This Subchapter provides standards by which applications for a Specific Use Permit are to be evaluated. No Specific Permitted Use may be established, enlarged or altered unless the City Council first issues a Specific Use Permit under the Zoning Amendment Procedure detailed in Subchapter 3. 35.6.4 Plan Requirements. A. A plan is required to be submitted for all Specific Use Permit applications in accordance with the Application Criteria Manual. B. An application for a Specific Use Permit may, but need not be, made concurrently with any required application for site design review under Subchapter 13. 35.6.5 Approval Criteria. A Specific Use Permit may be granted if the City Council finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan and federal, state, or local law. B. A specific permit shall be issued only if all of the following conditions have been found. 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and M I RAWN W 011 ilia I I 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. C. That adequate capacity of infrastnicture can and will be provided to and through the subject property. D. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in The Denton Plan. 7. Other factors found to be relevant to satisfy the requirements of this Chapter. 35.6.6 Conditions. - -1-1-1-1-1-1 - - ........................ - -.1 � � 11 � 1 11 - The conditions which the approval authority may impose include, but are not limited to the following. These conditions are in addition to the standards required in this Chapter. A. Regulation and limitation of uses. B. Regulation of setbacks and spacing, C. Regulation of fences and walls. D. Requirement to submit a Development Plat, to insure the proper dedications and public improvements are made. E. Regulation limiting the magnitude of traffic generated. F. Regulation of points of vehicular and pedestrian ingress and egress. G. Regulation of signs. H. Regulation of building materials, textures, colors and architectural features. I. Regulation of landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses. J. Regulation of noise, vibration, dust, odors or similar nuisances. K. Regulation of hours of operation and the conduct of certain activities. L. Regulation of the period of time within which the proposed use shall be developed. M. Regulation of the duration of use. N. Regulation of any Environmentally Sensitive Areas as allowed under Subchapter 17. O. Regulation of any site development condition permitted by Subchapter 13. P. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in accordance with the provisions of this Chapter that are reasonable. all Subchapter 6 ............. I ............ -- . ....... . ........................................ ....... ......................... -- ............. Development Code 35.6.7 Revocation; Abandonment A. A Specific Use Permit shall be deemed revoked if the proposed use or phase does not possess an approved building permit within eighteen months from date of approval, unless a longer period is approved by City Council. If the permit requires Site Design Review approval under Subchapter 13, the permit shall be deemed revoked if the use or phase is not developed within one year of the date of Site Design Review being approved. B. A Specific Use Permit may be revoked or modified, after notice to the property owner and a hearing before the City Council, for either of the following reasons: 1. The Specific Use Permit was obtained or extended by fraud or deception; or 2. That one or more of the conditions imposed by the permit has not been met or has been violated. ff ........................................... ...... .......................................... ............................ ......................... Development Code Subchapter 7 — Special Purpose and Overlay Districts W-74 =1 35.7.1 Purpose. 35.7.2 General Standards. 35.7.3 Creation of Special Purpose and Overlay Districts. 35.7.4 Denton Municipal Airport Overlay District. 35.7.5 Fry Street Overlay District. 35.7.1 Purpose. ........... The purpose of this Subchapter is to allow the creation of Special Purpose and Overlay Districts within the City. The districts should be established to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside such special districts. The districts shall contain such reasonable and necessary requirements to insure the protection and enhancement of said lands and structures. 35.7.2 General Standards. The Special Purpose and Overlay Districts established in this Chapter operate by establishing Design Standards to effectuate the purpose of the district. In the event of a conflict between the underlying zoning designation and the Special Purpose and Overlay Districts, the provisions of the Special Purpose and Overlay Districts shall apply. Land lying within a Special Purpose or Overlay District shall remain part of the underlying zoning designation established by other provisions of the City Zoning Chapter, and may, in addition, lie in one or more overlay districts in accordance with the designation of each. 35.7.3 Creation of Special Purpose and Overlay Districts. The creation or amendments to a Special Purpose and Overlay District shall be made using the Denton Plan Amendment Procedure detained in Subchapter 3. Every recommendation for the creation of a Special District Overlay, or addition of land thereto, shall address the following, as applicable: A. A statement of purpose shall specify the nature of the special and substantial public interest and public welfare involved and objectives to be promoted by creation of the Special Purpose and Overlay District and imposition of the regulations and Design Standards proposed therefore. B. Proposed district boundaries shall be depicted on one or more maps, including the Zoning Map of City, which shall also display all other zoning regulations applicable to the property proposed for inclusion in the district. C. Regulations or Design Standards proposed to promote the special purposes of the Special Purpose and Overlay District. D. Regulations or Design Standards for any Special Purpose and Overlay District shall be designed to reasonably promote the purposes of the district, and may require or address any of the following, in addition to or in lieu of other regulations affecting property within the Special Purpose and Overlay District. 2. Mixtures or limitations or permitted uses; 3. Special performance standards and development regulations; I 35.7.4 Denton Municipal Airport Overlay District .......... It is the purpose and intent of this article to regulate and restrict the height of structures and objects of natural growth and the use of prevent the encroachment of noise sensitive or otherwise incompatible land uses which may endanger the health, safety, and welfare of the owners, occupants, or users of the land to prevent the creation or establishment of obstructions that are a hazard to air navigation. The regulations also are intended to implement state and federal rules pertaining to the regulation of land uses in the vicinity of airports. RI-7 *A E W� NM The following words, terms or phrases, when used in this article, shall have the meanings attached to them in this section: Airport hazard. Any structure or object of natural growth, or use of land, which obstructs the air space required for the taking off, landing and flight of aircraft, or that interferes with the visual, radar, radio or other systems for tracking, acquiring data relating to, monitoring or controlling aircraft. Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and u)2ward from each end of the irimai surface. Ainiaiimoach surface is aoolied to each end of each runwav I . - f 41 Conical surface. A surface which extends outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of four thousand (4,000) feet. Height. For the purpose of determining height limitations in all zones established in this article and shown on the zoning map, the vertical distance of an object above mean sea level elevation unless otherwise specified. Horizontal surface. A horizontal plane one hundred fifty (150) feet above the established airport elevation of, the perimeter of which is constructed by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of runways 17L-35R and 17R-35L of the airport, and connecting the adjacent arcs by lines tangent to those arcs. Nonconforming use or structure. Any pre-existing use or structure, including an object of natural growth, which is inconsistent with the provisions of this article. Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 35.7.4.4. I a I Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. Primary surface. A surface longitudinally centered on a runway, When the runway has a specially prepared extends two hundred 200 D-n". h��t hp� the run 4 im Subchapter? .......................... ................................... ... 11 ... ........ Development Code Transitional surface. A surface extending outward and upward at right angles to the runway centerline at a slope of 7:1 from the sides of the primary surface and from the sides of the approach surface. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, angles to the runway centerline. E, General prohibition on airport hazards. Notwithstanding any other provisions of this article, no person shall use land or water within any zone established by this ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft-, make it difficult for pilots to distinguish between airport lights and other lighting; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards; or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport. F. Split parcels. When a parcel of land lies within more than one airport zoning subdistrict, or only a portion lies within an airport zoning district, the provisions of the most restrictive regulations apply to the use of land and structures for the entire parcel, except when: 1. It is determined by the director that a structure is located within a single airport zoning subdistrict, then the provisions of that subdistrict shall apply to such structure; or 2. It is determined by the director that a structure is located outside any airport zoning district, then the provisions of the standard zoning district in which the structure is located shall apply. Subchapter 7 ................ — ......................... ........ -- ............. ............................................................. ........................1....... I ....... 1. ............. Development Code G. Federal standards. Consistent with Tex. Loc. Gov't. Code section 241.012, it is the intent of this section that federal laws or rules controlling the use of land located adjacent to or in the immediate vicinity of an airport, as they may be amended from time to time, that impose more stringent limitations than are imposed under provisions herein set forth, shall be applied to any permit application submitted under this article until such time as the City is able to conform its airport zoning regulations to such law or rules. 35.7.4.4 Airport height hazard district. ADistrict established. There is hereby established an Airport Height Hazard District (AHHD) within that area lying beneath the Approach Surfaces, Transitional Surfaces, Horizontal Surface and Conical Surface of the Denton Municipal Airport. The AHHD consists of the following subdistricts, which are depicted on a map prepared by Coffman & Associates, a copy of which appears as the Airport Height Hazard District map and which constitutes the zoning map for the district. B. Subdistrict descriptions. The AHHD consists of the following subdistricts, that are described by reference to definitions, rules, restrictions and regulations, as may be amended from time to time, by the Federal Aviation Administration (FAA), as follows: 1 . Approach zones. Approach zones for runways 17L-35R and 17R-35L hereby are established beneath the approach surfaces at each runway end on the Denton Municipal Precision Instrument Airport for landings and takeoffs. The inner edge of the approach zone shall have a width of one thousand (1,000) feet which coincides with the width of the primary surface at a distance of two hundred (200) feet beyond each end of each runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet beyond each end of the primary surface, its centerline being the continuation of the centerline of the runway. 2. Transitional zones. Transition zones hereby are established beneath the transition surface adjacent to runways 17L-35R and 17R-35L, and to each approach surface as indicated on the zoning map. Transition surfaces symmetrically located on either side of runways, have variable widths as shown on the zoning map. 3. Horizontal zone. The horizontal zone hereby is established at the area beneath the horizontal surface of the airport. 4. Conical zone. The conical zone hereby is established as the area beneath the conical surface of the airport. C. Aeight limitations. Except as otherwise provided in this article, no person shall erect, alter or maintain a structure, and no person shall allow a tree or other natural object to grow in excess of the applicable height limitations established herein for each airport height hazard subdistrict. 1. Approach zones. For runways 17L-35R and 17R-35M a. Beginning at the end of and at the elevation of the primary surface, one (1) foot in height for each fifty (50) feet in horizontal distance; and b. Beginning at a point ten thousand (10,000) feet from the end of the primary surface and extending an additional forty thousand (40,000) feet along the extended runway centerline, one (1) foot in height for each forty (40) feet in horizontal distance. ffllmflflnA M� a. Beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty- (150) feet above the airport elevation (six hundred sixty (660) feet above mean sea level), one (1) foot in height for every seven (7) feet in horizontal distance; in Subchapter 7 ............................................ ............ .......................... - .. . ........ I ... - Development Code b. Beginning at the sides of and at the same elevation as the approach surfaces, and extending to where they intersect the conical surface, one (1) foot in height for every seven (7) feet in horizontal distance; and c. Where the precision instrument runway approach zone projects beyond the conical zone, and beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety (90) degree angles to the extended runway centerline, one (1) foot in height for every seven (7) feet in horizontal distance. 3. Horizontal zone. Within the horizontal zone, one hundred fifty (150) feet in height above the airport elevation, or a height of eight hundred ten (810) feet above mean sea level. 4. Conical zone. From the periphery of the horizontal zone and at heights between one hundred fifty (150) and three hundred fifty (350) feet above the airport elevation, one (1) foot in height for every twenty (20) feet in horizontal distance. 35.7.4.5 Airport compatibility land use district. ADistrict established. There is hereby established an Airport Compatibility Land Use District (ACLUD), consisting of two subdistricts (ACLUD-1 and ACLUD-2), the boundaries of which are shown on the Airport Compatibility Land Use District map and which constitutes the zoning map for the district. It. Prohibited uses in airport compatibility land use district. The following uses are prohibited within the airport compatibility land use district: 1. Educational uses. All educational uses, including but not limited to, public and private schools, kindergartens, and child care facilities, colleges and universities, and vocational schools, are prohibited within the ACLUD; provided, however, that the following educational facilities are permitted within the district: a. Schools for flight instruction or for vocations associated with the airport, airplanes of aviation related activities; and b. Facilities for employee or client training or instruction related to services or products associated with the business of the entity providing such training or instruction and which is not the primary business of such entity. 2. Health care facilities. Health care facilities, including specifically hospitals, nursing homes, institutions or any other facilities providing convalescent or rehabilitative care; establishments for the care, treatment or rehabilitation of alcoholic, narcotic or psychiatric patients; residence homes for the aged; and institutions, homes or rehabilitation centers for persons convicted of crimes are prohibited within the ACLUD; provided, however that the following health care and other facilities are permitted within the district: a. Medical, dental or optical clinics for the examination, consultation or treatment of patients as out patients; c. Establishments for the sale or rental of or industrial facilities for the manufacture of medical or optical supplies and equipment; d. Pharmacies, veterinarian clinics and related facilities; and KWOE, U1-�-MPM I Z The following regulations apply within the ACLUD-1 subdistrict: 77 Subchapter 7 ..... 11 ............ ...................................................................................... ................... 1.1- ....... .............. Development Code A. Compatible land uses. All land uses allowed within the underlying zoning district or, within the ETJ, any land use not otherwise prohibited by this article, is allowed within the ACLUD-1 subdistrict, except for new residential uses, which are expressly prohibited. B. Non -conforming residential uses. Any residential structure that was established prior to the effective date of this article may not be reestablished or reconstructed except in accordance with the provisions of Section 35.7.4.9. C. Noise mitigation standards. Any residential structure that was established prior to the effective date of this article and that is permitted to be repaired, rebuilt or remodeled in accordance with the provisions of Section 35.7.4.9 shall be repaired, rebuilt or remodeled in compliance with the noise mitigation standards set forth in Section 35.7.4.12. 35.7.4.7 Subdistrict ACLUD-2 regulations. A. Compatible land uses. All land uses allowed within the underlying zoning district or, within the ETJ, any land use not otherwise prohibited by this article, are allowed within the ACLUD-2 subdistrict. B. Performance standards for residential uses. Property owners who propose to construct a new residential building, or who propose to repair, rebuild or remodel an existing residential structure within the boundaries of the district, must do one of the following: 1. Noise mitigation standards. Construct, repair, rebuild or remodel the residential structure in accordance with the noise mitigation standards in Section 35.7.4.12; or 2. Avigation easement. Execute an avigation easement, approved as to form by the city attomcm conveying to the City of Denton an unobstructed right-of-way for the passage of all aircraft and ri "I to cause within such easement such noise, vibration, fumes, dust, fuel particles and all other e2e I that may be caused by the operating or aircraft landing at, taking off from, or operating at, the Dent Municipal Airport. A. Designated official. The Director of Planning and Development shall be the official responsible for administration of the airport zoning regulations. B. Permit required - New uses. Except as specifically provided otherwise in this article, no person shall make a material change in the use of land, and no person shall erect, establish, or allow to be erected or otherwise established any structure, and no person shall plant or allow to be planted any natural object in any zoning district hereby created unless a permit for such use, structure, or plant has been granted by the director applying regulations established in this article. No permit for use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with Section 35.7.4.10. C. Permit required - Change in existing use. A person shall apply to the director for a permit for any substantial repair of an existing structure, or replacement thereof, or substantial change in existing use, in order to determine compliance with the requirements of this article. No permit shall be granted that would allow a nonconforming use, structure or tree to be more or become higher, or become a greater hazard to air navigation, than it was on the effective date of this ordinance or any amendments thereto or than it is when the application for a permit is made. D. Application and decision. Each application for a permit shall be submitted to the director upon a form published for that purpose. The application shall indicate the purpose for which the permit is desired, with sufficient particularity to permit the director to determine whether the resulting use, structure, or natural object would conform to the regulations herein prescribed. The director shall promptly review and grant or deny applications required by this ordinance to be submitted to the director. If the application meets the standards in this article, the application shall be granted. Applications for variances shall be made to the board of adjustment by first filing said application for variance with the director who shall forthwith transmit said application to the board of adjustment for determination. 78 Subchapter 7 ............... ------- ......... ................................. ...... -1.1- ........ ............................................ . . . ... ........ -- Development Code 1. In the area lying within the limits of the horizontal zone and conical zone, any natural object or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such object or structure would extend above the height ts prescribed for such zones. 2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, any natural object or structure less than seventy-five (75) feet of vertical height above the ground, except when such object or structure would extend above the height limit prescribed for such approach zones. 3. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any natural object in excess of any of the height limits established by this ordinance. F. Enforcement. It shall be the duty of the director to administer and enforce the regulations prescribed herein. A. Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or natural object not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of any nonconforn-iinLy use. Nothina herein contained shall require any change in the construction, alteration or intended use of any structure, for which a complete application was accepted for filing prior to the effective date of this ordinance, which is consistent with existing regulations and for which construction is diligently pursued. ff. Marldng and lighting, Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or area is hereby required to permit the installation, operation, and maintenance hereon of such markers and lights as shall be deemed necessary by the director, in order to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city or the FAA. C. Nonconforming uses abandoned or destroyed and applicability of other regulations. Whenever the director determines that a nonconforming structure or natural object within the area subject to this article has been abandoned or more than fifty (50) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or natural object to exceed the applicable heigh) limit or otherwise deviate from the zoning regulations of this chapter. In all other cases, the continuation, repair, reconstruction or remodeling of non -conforming uses or structures shall be governed by Section 20; provided, however, the director shall apply the standards in this article. 35.7.4.10 Variances. A. Application for variance. Any person desiring to erect or increase the height of any structure, or perniii the growth of any natural object, or use his property, in violation of the airport zoning regulations prescribed in this article, shall first apply to the board of adjustment for variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 1. A literal application or enforcement of the regulations will result in a practical difficulty or unnecessary hardship; and 2. The relief granted would not be contrary to the public interest, but do substantial justice, and be in accordance with the spirit of this ordinance. M lm�rwvdtlj - I I Airport Height Hazard District PRI Subchapter? ......... ....................... ....................................... .,...... ................... Development Code Airport Compatibility Land Use Subdistricts C. Conditions. The board may impose any, reasonable conditions on the variance that it considers necessar-, to accomplish the purposes of this article. D. Procedures. The board of adjustment shall consider the variance application at a public hearing in accordance with its regular procedures. 81 Subchapter? ........ I .......... ...... Development Code 35.7.4.11 Board of adjustment. A. Findings. The board of adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provision of this Subchapter. B. Decision. The concurring vote of four (4) members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the director or to decide in favor of the applicant on any matter upon which it is required to pass under this Subchapter, or to effect any variation in this Subchapter. 11111HE III IP�= k, k1i'l 11, 1: : 1 11 1•1 Am "I re", Me yffrml - _s 111riz, T1 e TV Tie LIM enor o 1111 x1gs I V11 1+D Of less from outside noise levels over Ldn 65. The Building Official may approve of alternative standards upon the submission of plans signed by a qualified acoustical engineer certifying that the alternative standard will reduce outside noise levels to 45 Ldn or less inside the building. The standards shall be applied to construction of new residential or noise -sensitive commercial uses, and for reconstruction or remodeling, to existing the existing structures. The standards, however, shall apply to and addition to an existing residential or noise sensitive commercial structure. Where noise -sensitive activities are carried on in only a portion of new or reconstructed commercial buildings, only those areas judged noise -sensitive need to be protected. 1. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. 2. At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar. 3. Window and/or through the wall HNTAC type units shall not be used. •744114MISTAI M-0 5. All sleeping spaces shall be provided with a sound absorbing ceiling and carpeted floor. 6. Through the wall/door mailboxes shall not be used. 1. Masonry walls having a surface weight of at least 40 pound per sq ft do not require a furred interi wall. In areas over 70 Ldn, masonry walls having a surface weight of at least 75 pounds per sq ft not require a furred interior wall. At least one surface of concrete block wall shall be plastered• painted with heavy "bridging" paint, 2. Stud walls shall be at least four inches in nominal depth and shall be finished on the outside with siding on sheathing, stucco, or brick veneer. a. Interior surface of the exterior stud walls shall be of gypsum board or plaster at least V2 inch thick, installed on the studs. The gypsum board or plaster may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the exterior is siding -on -sheathing, the interior gypsum board or plaster must be fastened resiliently to the studs. b. Continuous composition board, plywood, or gypsum board sheathing shall cover the exterior side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh at least four pounds per sq ft. ME3 �1� M. Subehapter 7 ........... .. .... . . ............................. .... . . ..... - ...... — Development Code d. Insulation material at least two inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wood, MNW�l I III 1111111111111 1111111111111111! 1111 � I I !I I 11111111lig I !I! I! I 2. Double -glazed windows shall employ fixed sash or efficiently weatherstripped operable sash. The sash shall be rigid and weatherstripped with material that is compressed airtight when the window is closed. 3. Glass of fixed -sash windows shall be sealed in an airtight manner with a nonhardening sealant, or a soft elastomeric gasket or glazing tape. 4. The perimeter of the window frame shall be sealed airtight to the exterior wall construction with a resilient sealant. 5. The total area of glass of both windows and exterior doors in sleeping spaces shall not, exceed 20 percent of the floor area. FIVIEW M4 1. All exterior side -hinged doors shall be solid -core wood or insulated or hollow metal at least 1.75 inches thick and shall be fully weatherstripped. 2. The glass of double -glazed sliding doors shall be at least 3/16 of an inch thick and separated by a minimum '/2-inch airspace. The frame shall be provided with an efficiently airtight weatherstripping material. 3. The perimeter of door frames shall be sealed airtight to the exterior wan construction. 4. Glass in doors shall be set and sealed in an airtight nonhardening sealant, or a soft elastomeric gasket or glazing tape. 1. With an attic or rafter space at least six inches deep, and with a ceiling below, the roof shall consist of 1/2-inch composition board, plywood, or gypsum board sheathing topped by roofing as required. 2. If the underside of the roof is exposed, or if the attic or rafter space is less than six inches, the roof construction shall have a surface weight of at least six pounds per sq ft, except that, in areas over 70 Ldn, the roof construction shall have a surface weight of at least nine pounds per sq ft. Rafters, joist, or other framing may not be included in the surface weight calculation. 3. Window or dome skylights shall be double -glazed and separated by minimum '/2-inch airspace. In areas over 70 Ldn, skylights are not permitted. F. Ceilings 1. Gypsum board or plaster ceilings at least '/2-inch thick shall be provided, where required by Section 35.7.4.12A.5. Ceilings shall be substantially airtight, with minimum number of penetrations. 2. Glass fiber or mineral wood insulation at least six inches thick shall be provided above the ceiling between joists. The floor of the lowest occupied rooms shall be slab on grade, below grade, or over a fully enclosed basement. All doors and window openings in the fidly enclosed basement shall be tightly fitted. M Subchapter 7 ..................... .............. Development Code MINUfflyff WIT M, 1. A mechanical ventilation system shall be installed that will provide the minimum air circulation an�. fresh air -supply requirements for various uses in occupied rooms, without need to open any windows, doors, or other openings to tile exterior. 2. Gravity vent openings in the attic shall not exceed code minimum in number and size. The openings shall be fitted with transfer ducts at least three feet in length, containing approved internal sound - absorbing duct lining. Each duct shall have a line 90-degree bend in the duct such that there is no direct line of sight from the exterior through the duct into the attic. 3. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with shee'j metal transfer ducts of at least 20-gauge steel, which shall be lined with one -inch thick approved duct liner, and shall be at least five -feet long with one 90-degree bend. In areas over 70 Ldn, the duct lining shall be at least 10 feet long. 4. All vent ducts connecting the interior space to the outdoors, excepting domestic range and dryer exhaust ducts, shall contain at least a 10-foot length of approved internal sound -absorbing duct lining. Each duct shall be provided with a line 90-degree bend in the duct such that there is no direct line of sight through the duct. 5. Duct lining shall be coated glass fiber duct liner at least one -inch thick, approved and suitable for the intended use.] 6. Domestic range and dryer exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination that allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material and shall have the same free area as the vent duct. 7. Building heating units with flues or combustion air vents shall be located in a closet or room closed off from the occupied space by doors. 35.7.5 Fry Street Overlay District ■ There is hereby established a special zoning overlay district to be known as the Fry Street District. The Fry Street District is defined as that area approximately 12.42 acres in size which is bounded by Welch Street to the east, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the south, and I-Eckory to the southwest. The Fry Street district is also depicted on the Zoning Map. The zoning map of the City of Denton, Texas, adopted on the 14th day of January 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance 69-1, as amended, is hereby further amended to show the property herein described as the Fry Street District to be a special or small area district, by showing thereon the suffix "FS" for such district designation, which designation shall be in addition to any other zoning classification designated for said property as shown thereon. All buildings, structures, sites, and properties within the designated district shall be subject to the restrictions, limitations, and provisions of the Fry Street HPistrict regulations as provided for in this article. M**&*M =� The purpose and intent of this article is to ensure public peace, safety, cleanliness, and general welfare for community members and patrons of the Fry Street District, by providing for regulations on off-street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential and commercial density. 01 Subchapter 7 ............. . ...... 111"..' ........................................ ..." ......... ........ ................ 11.1.1 Development Code 35.7.5.3 Off-street parking. The provisions of Subchapter 14 shall apply to the Fry Street District, except as modified as follows: A. Remote parking. Remote off-street parking to serve a building or use within the Fry Street District may be provided on a tract or parcel of land other than on which the building or use being served is located, provided that the required off-street parking space shall be within one thousand (1,000) feet of the building or use being served and shall provide convenient pedestrian access to the building or use being served. B. Non-residential, including restaurant, retail, private club, on -premises sale of beer and/or wine: One space for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under maxinnun seating arrangements, whichever is greater. C. Multi -fa mily residential. Multi -family residential development shall be required to provide parking according to the following schedule: 1. Efficiency units: One and one-fourth (1.25) space 2. Units with 1 bedroom: One and one-half (1.50) space 3. Units with 2 or more bedrooms: One space for each bedroom 4. Fraternities, sororities, boarding and lodging houses. One (1) space for each bedroom. 35.7.5.4 Area and height requirements. The provisions of Subchapter 5 shall apply to the Fry Street District, except as modified as follows: A. Minimum lot area. 1. Residential uses: Six thousand (6,000) square feet. 2. Non-residential uses: No minimum lot area. 3. Mixed uses, including residential: No minimum lot area. B. Minimum lot depth. 1. Residential uses: One hundred (100) feet. C. Minimum lot width. 1. Residential uses: Sixty (60) feet. M 1111110�94 � IffrAIMI)IJIM411 Subchapter 8 — Group Homes Sections: 35.8.1 Use and Operation. 35.8.2 Qualification. 35.8.3 Specific Use Permits. 35.8.4 Licenses. 35.8.5- Location of Assisted Living Facility, Group Home for Handicapped Persons or Institution 35.8.6 Inspections. 35.8.7 Notices, Hearings and Orders. 35.8.1 Purpose. The City supports the rights of handicapped persons to live in stable, affordable housing in settings that maximize community integration and opportunities for acceptance. The City desires to make reasonable accommodations in rules, policies and practices to afford handicapped persons equal opportunity to use and enjoy a dwelling. The City supports decentralization as a method of assuring that handicapped persons are allowed • reside in a neighborhood, which retains its residential character. Unregulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents. The City desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped. 35.8.2 Use and Operation. - -------------------- _ ----------- The use and operation of a Community Home for Disabled Persons that meets the qualifications of this Subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than 6 residents and two supervisors regardless • the legal relationship of those persons to one anther and the • home is not wid-tin • mile of an existing community home. The residents of the community home may not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor ve-4icles ift. nurt.bers fliat exceed the nuvibers of bedrooms in the home. 35.8.3 Qualification. To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123 of the Texas Health & Safety Code and the following regulations: mn�r A community based residential home may be operated by: 1. The Texas Department of Mental Health and Mental Retardation; 2. A community center organized under Chapter A, Subchapter 534 of the Texas Health & Safety Code. 3. An entity subject to the Texas Non -Profit Corporation Act, Tex.Rev.Civ.Stat.Ann art. 1396-1.01, et seq. (Vernon 1997), as amended. 4. An entity certified by the Texas Department of Human Set -vices as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or 5. An assisted living facility licensed under Chapter 247 of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. M Subchapter 8 ......... - ... __ ...................................... ......... ...................... Development Code WELE=_1 C. Site Plan Required. ill 1�111 il 1111 ill �11 11�111• 11� MMI I K It U It MIS 11,714011 I=,* ALI] kV IV VWW - I W ods m .Wig a. To house one (1) handicapped person per bedroorn, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 2. Any single-family dwelling unit, which is proposed to be utilized for, shared group housing for handicapped persons shall provide for a separate bedroom for the care provider or providers. 35.8.4 Specific Use Permits. . . ........................................ . A. Permit Required. It shall be unlawful for any person to occupy, construct, alter, extend or exp•and any Assisted LivA ............ ",", # #I - .. I'll, - . - ::• M permit issued by the City Council in the name of such person for the specific occupation, constructi alteration or extension of the assisted living facility, group home or institution proposed. The pennnit sh be specific to the person named in the application for the permit and shall not be transferred without t prior written consent of the City through the issuance of a new permit. If the proposed occupatic, construction, alteration or extension is not commenced within one calendar year from the date the per for such occupation, construction, alteration or expansion was issued, said permit shall automatical expire, unless the City Council approves an extension of time or issues a new permit. All applications and required fees for assisted living facilities, group home or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following: 1. Name and address of the applicant. 2. Location and legal description of the property where the Assisted Living Facility or Group Home will be located. 3. Documentation that the Assisted Living Facility, Group Home for Handicapped Persons or Institution has met federal and state licensing requirements. C. Site Plan Requirements. Any structure, which is proposed to be utilized for shared group housing for the handicapped, shall provide as a minimum, the following square footage in each bedroom: 1. To house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. 2. To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 3. Any structure, which is proposed to be utilized for an assisted living facility, group housing for handicapped persons of institution shall provide for a separate bedroom for the care provider or providers. M Subchapter 8 ..................... . . ........ . ................. ................. Development Code In considering the application, the City Council may take into account the proposed location of tlM Assisted Living Facility, Group Home for Handicapped Persons or Institution in relation to the prese ihe-%-Aw-h-cati—on-a—nd---uf on determining that ti- application and the proposed, Assisted Living Facility, Group Home for Handicapped Persons .2 Institution complies with this Subchapter and other applicable laws, codes and regulations, the permit sh be issued. i 16 mmi M#J�� Any person whose application for a permit under this Subchapter has • denied, may, within ten (11 days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No n application for a permit shall be accepted within one year of the denial, unless the denial upon rehea or the denial for rehearing, is without prejudice to the refilling of same. F. Inapplicability of Section. The permit requirement is for the use and occupancy of Assisted Living Facilities, Group Homes or Institutions and does not include Community Homes for the Disabled. 35.8.5 Licenses. A. License Required. It shall • unlawful for any person to establish, !• or maintain, or permit to be established, operated Home For Handicapped Pe sons or Institution within ;he limits of theCity unless such person holds a valid license issued annually by the City Council. All applications for licenses shall be made in writing to the City Council, which shall issue a license upon compliance • the R• with provisions of this Subchapter. The City Council shall not issue a license unless the applicant is the holder of a valid • V,,Ldib-4-BmAijing Official uison coMlicable federal, state, and local law. At any time a Certificate of Occupancy is revoked, the license shall be canceled automatically, at the same time, without action by the City Council. Once a license is canceled, the applicant must follow original licensing procedures rather than license renewal procedures. Licenses issued shall • on December 31 of each year. pptication tor originai license =1 e in writing, sig-n-eTry-th-e appTcant, acc the applicant as to the truth of the application, the deposit of the required license fee and shall comply with the Application Criteria Manual, and provide the following: ■ • 2. A copy of a valid Certificate of Occupancy; 3. The location and legal description of property where the Assisted Living Facility, Group Home or Institution will be located; and and within ten (10) days, a rehearing, which hearing shall • granted by the City Council. A denial upon rehearing shall be final and binding. No new application for a license shall be accepted within one year of the denial, unless the denial upon rehearing is without prejudice to the refilling of same. z Subchapter 8 ...................................... .................................................................................................... -- ............................ Development Code R-TRT"I""Mis M. forms furnished by the City Secretary on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by information required by the Application Criteria Manual. ffimngff�= All original license applications or renewals hereof shah be accompanied by a fee periodically establish by the City Council. All renewal fees shall be due on the issuance of the renewed license. i Every person holding a license shah give notice and pay the required fee within fifteen (15) days aftffl having sold, transferred, given away or otherwise disposed of any interest in or control of any Assist Living Facility, Group Home or Institution as required by the Application Criteria Manual. Applicati for transfer of license shall be made not later than fifteen ( 1 da?,s after the date of the sale. transfer - gift, or other disposition of the interest in or control of the Assisted Living Facility, Group Home, Institution. The City Council will consider the transfer application not later than the second regula n scheduled City Council meeting occurring after the date a properly completed transfer applicatio su'#,mitted. G. Violations; Notice Suspension/ Revocation of License. Whenever the Building Official finds that conditions or practices exist which are in violation of any provisions of this Subchapter he shall give notice in writing to the Permittee or Licensee, or the Permittee's or Licensee's agent, that, unless conditions or practices in violation of this Subchapter are corrected witl-�n a reasonable �*-eriod of time of not less than thirty (30 days nor more specified in such notice, the license or permit shall be suspended or revoked. At the end of the period of time granted for correction, should the conditions or practices not be corrected, the City Council may suspend or revoke the permit or license and give notice in writing of the suspension or revocation to the Permittee or Licensee, or the Permittee or Licensee's agent, at the address provided in the application. Upon receipt of notice of suspension or revocation, the Permittee or Licensee shall cease operation of the Assisted Living Facility, Group Home, or Institution within ten (10) days after the notice is issued. The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and welfare of the citizens of the City. 35.8.6 Location of Assisted Living Facility, Group Home for Handicapped Persons or Institution. An Assisted Living Facility, Group Home for Handicapped Persons or Institution may be located in any district which allows multifamily developments as provided in this Chapter. No other Assisted Living Facility, Grouy. Home for HandicapFed Persons or Institution shall be located within a radius of 600 feet of the facilit�. home or instiWAU"Ll. 35.8.7 Inspections. Any duly authorized inspector of the City, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor -Col -lector shall be permitted to make reasonable inspections of any Assisted Living Facility, Group Home, or Institution to determine compliance with applicable Chapters. W Subchapter 8 ........... - ....... ................ ...................... ---- ...... 1---.1 .... Development Code Any duly authorized inspector of the City, as set forth in subsection (A) shall have the p 'r to enter m owe, reasonable times upon any private or public property for the pui ose of inspecting and inves a conditions relating to the enforcement of this Subchapter. The inspector should seek the permission o lawful adult occupant prior to entry. Upon refusal of entry, the City shall have all available remedies at I to gain entry, including but not limited to a court order showing probable violation of state or local law. I 35.8.8 Notices, Hearings and Orders. F-=%1 W.M. MM=MM-M=M=MM==1M=M=M 01. uJis OuDcnapLer, CIC �-Ry k-*U11L I I I 11 1 �11 X Z311alL g1VC or their respective agent, and each resident of the facility as provided. The notice shall: 1. Be in writing; 2. Include a statement of the reasons for its issuance; 3. Allow a reasonable time of not less than thirty (30) days nor more than one (1) year, based upon the nature and severity of the violation and having due regard for the safety and protection of the community, for the performance of the corrective measures required; 4. Be served upon the Permittee or Licensee, or the Permittee or Licensee's agent; provided, however, that the Notice shall be deemed to have been properly served upon the Permittee, Licensee, or their respective agents, when a copy has been sent by mail to the Permittee's, Licensee's or their respective agent's, last known address, or when the Permittee or Licensee, or respective agent, has been served with the notice by any method authorized or required by the laws of this State; and 5. Contain an outline of remedial action, when, if taken, will effect compliance with the provisions of this Subchapter. If the violation is not remedied in accordance with the notice, and a breach of the Subchapter continues, then the City Council, may suspend and/or revoke any permits or licenses issued in addition to any punishment provided. Residents of the facility shall be notified by mail of any notice of violations or orders by regular mail and/or posting of the notice in common areas of the facility. The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order the immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and general welfare of the citizens of the City. 35.8.9 Compliance Required ................ It shall be the responsibility of the Pcrmittee or Licensee to ensure that all requirements of this Subchapter are met and maintained. Any violation of any of the provisions of this Subchapter shall subject the Permittee or Licensee to the general penalty provisions of this Chapter. 91 Subchapter 9 ............ ....... ...................... ....... _- Development Code Subchapter 9 — Manufactured Homes Sections: 35.9.1 Definitions 35.9.2 General 35.9.3 Inspections 35.9.4 Permit Required 35.9.5 License Required. 35.9.6 Technical Requirements. 35.9.7 Fire Safety. 35.9.8 Management and Resident Responsibility, 35.9.1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent. Any person authorized by the licensee of a manufactured home park or recreational vehicle park to operate or maintain such park. Common Access Route. A private way which affords principal means of access to individual manufactured home stands or auxiliary buildings. Driveway. A minor entranceway off the common access route within the park into an off-street parking area serving one (1) or more mobile homes. Electrical Connection. The connection consisting of all wiring, fittings and appurtenances from the disconnect box to the distribution system within a manufactured home of recreational vehicle. Front. That part of the manufactured home space which abuts the common access or private drive, if double. The owner shall elect which one is the front, and such an election shall be stated and shown on the final plat. HUD -Code Manufactured Home. A structure constructed on or after June 15, 1976, accordin to the rules 9 of the United States Department of Housing and Urban Development, transportable in one (1) • • sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected zxwite, is 4hrin—mijim-irvi chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems. The term does not include a recreational vehicle as that term is • by 24 C.F.R. section 3282.8(g). License. A written license issued by the Building Official permitting a person to operate and maintain a manufactured home park or recreational vehicle park under the provisions of this chapter. Licensee. A person licensed to operate and maintain a manufactured home park or recreational vehicle park under the provisions of this chapter. Manufactured Housing or Manufactured Home. A HUD -code manufactured home or a mobile home and collectively means and refers to both. Mobile Home. A structure that was constructed before June 15, 1976, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. GIB Subchapter 9 ... .......... .............................. ..................................................................... ...... ........................... Development Code Manufactured Home Lot. A parcel or tract of land for the placement of a single manufactured home and the exclusive use of its occupants and which is located in a mobile home subdivision approved by the planning and zoning commission • the City. Manufactured Home Park. A unified development of manufactured home spaces or stands arranged on a tract of land under private ownership meeting all requirements of this chapter. Manufactured Home Subdivision. A unified development of manufactured home sites or lots which have been divided for the purpose of individual ownership and which is governed by the provisions of the subdivision regulations of the City. Natural or Artificial Barrier. Any creek, ravine, pond, railroad, fence, hedge or similar physical separation which prohibits a direct view from outside the mobile home park. I III �� I I I I I . 0 Permit. A written permit or certification issued by the Building Official permitting the construction, alteration or extension of a mobile home park or recreational vehicle park under the provisions of this chapter and regulations issued under this chapter. Playground. A tract or parcel of land one (1) to four (4) acres in size which is reserved and designed primarily for a children's play area and equipped with conventional playground facilities such as swings, slides, etc., in addition to larger facilities such as ballfields or adult recreation areas. Plot Plan. A graphic representation, drawn to scale, in a horizontal plane, delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, and indicating the relation of each use to that adjoining and to the boundary of the property. Recreational Vehicle. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling, self-propelled or to be towed behind a motor vehicle, without special permit being needed, of a gross weight of not more than four thousand five hundred (4,500) pounds and having an overall length of not more than twenty-eight (28) feet. Recreational Vehicle Park. A development under private ownership designed primarily for transient service on which recreational vehicles, pickup coaches and self-propelled motorized vehicles are parked or situated and used for the purpose of supplying to the public a parking space for such vehicles meeting all the requirements of this chapter. Recreational Vehicle Stand. A parcel or area of land for the placement of a single recreational vehicle and the exclusive use of its occupants and which is located in a recreational vehicle park approved by the planning and zoning commission of the City. Replacement. The act of moving one (1) manufactured home from its existing stand and replacing it with another manufactured home. Screening Device. A solid masonry or wooden wall or fence, a woven wire or chainlink fence with metal strips woven through the mesh to form a solid screen, a woven wire or chainlink fence with evergreen shrubs forming a sight screen. Service building. A structure housing toilet, lavatory and such other facilities as may be required by this chapter. Sewer Connection. The connection consisting of all pipes, fittings and appurtenances from the drain outlet of a manufactured home or recreational vehicle to the inlet of the corresponding sewer service riser pipe of the sewage system serving the manufactured home park or recreational vehicle park. Sewer Service Riser Pipe. That portion of a sewer service which extends vertically to the ground elevation and terminates at a manufactured home or recreational vehicle stall. Site. The same as stand, unless otherwise stated in the section. ZE ............. 1-1111111111-11.1 ........... ................................. ........ ............................. ---- .......................... Subchapter 9............... Development Code W M-arsummmmsm. rm. M Stall. That limited portion of the manufactured home stand which has been readied for the placement and use of a manufactured home in accordance with this chapter. Stand. An area within the park which has been improved for a single manufactured home or recreational vehicle as provided in this chapter. Water Connection. The connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within a manufactured home or recreational vehicle. Water Riser Pipe. That portion of the private water service system serving a manufactured home or recreational vehicle park, which extends vertically to the ground elevation and terminates at a designated point at a manufactured home or recreational vehicle space. 35.10.2. General. A. The adoption of these regulations will convey to all existing Manufactured Home Parks a Specific Use Permit, thereby making them legal, conforming uses under this Chapter. B. Any expansion of an existing Manufactured Home Parks Specific Use Permit win require a new Specific Use Permit under this Chapter unless the expansion of the existing Manufactured Home Park occurs on an adjoining tract of land under common ownership as of the effective date of this Code, The expansion of the existing Manufactured Home Park shall comply with the technical standards of this subchapter. 35.9.3. Inspections. The Building Official, the Fire Chief, the Fire Marshal, the Police Chief, the City Engineer, the Assistant City Manager of Utilities and the Tax Assessor are hereby authorized and directed to make such inspections as are necessary to determine compliance with this chapter. KI&.1415m: nljjm3m�� The Building Official, the Fire Chief, the Fire Marshal, the Police Chief, the City Engineer, the Assistant City Manager of Utilities and the Tax Assessor or other City official shall have the power to enter at reasonable od?-Me the enforcement of this chapter and for the maintenance of the utilities. 35.9.3.2. Inspection of register. The Building Official, the Fire Chief, the Fire Marshal, the Police Chief and the tax assessor -collector shall have the power and authority in discharging their official duties to inspect the register containing a record of all residents of the manufactured home or recreational vehicle park. 35.9.3.3. Duty of occupants. It shall be the duty of every occupant of a manufactured home or recreational vehicle within a licensed park to give the licensee, his agent or authorized employee access to any part of such park at reasonable times for the purpose of making such repairs or alterations as are necessary to effectuate compliance with this chapter. Whenever, upon inspection of any manufactured home or recreational vehicle park, the Building Official finds that conditions or practices exist which are in violation of any provision of this chapter, he shall give noticc in writing in accordance with section 32-7 to the licensee that, unless such conditions or practices are corrected within a reasonable period of time specified in such notice, the license shall be suspended. At the end of such period of time, the Building Official shall re -inspect such park, requesting assistance from other City departments as may be required, and if such conditions or practices have not been corrected he shall M MR7411, �00 BEIMM. 35.9.3.5. Violation - Requirements of notice. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this chapter, the Building Official shall give notice of such alleged violation to the licensee or agent. Such notice shall: A. Be in writing; B. Include a statement of the reasons for its issuance; C. Allow a reasonable time for the performance of the act it requires; D. Be served upon the licensee or his agent, provided that such notice or order shall be deemed to have been properly served upon such licensee or his agent when a copy thereof has been sent by mad to his last known address or when he has been served with such notice by any method authorized of required by the laws of this state; and E. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter. 35.9.3.6. Violation - Appeal from notice issued by the Building Official. Any person affected • any notice which has • issued in connection with the enforcement of any provision of this chapter by the Building Official may request and shall be granted a hearing on the matter before the board of adjustment, provided that such person shall file within ten (10) days after the date the notice was served, in the • of the City Secretary, a written petition requesting such hearing and setting forth a brief statement of the grounds • The filing of the request for a hearing shall operate as a stay of the notice and of the suspension. Upon receipt of such petition, the City Secretary shall set a time and • for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall • given an opportunity to be heard and to show why such notice should be modified or withdrawn. 35.9.4 Permit 35.9.4.1. Required. It shall be unlawful for any person to construct, alter or extend any manufactured home park or recreational vehicle park within the limits of the City unless he holds a valid permit issued by the Building Official in the name of such person for the specific construction, alteration or extension proposed. 35.9.4.2. Exceptions. No permit shall be issued for the construction or occupancy of a permanent residential structure in any manufactured home subdivision, manufactured home park or recreational vehicle park with the following exceptions: A. One (1) existing residential structure may be retained for the occupancy of the owner or agent of the park or subdivision; B. An existing residence may be converted to a • community center or service building for use by the residents of the • home subdivision, manufactured home park or • vehicle park. All applications for permits required under this article shall be made upon standard forms provided by the Building Official and shall contain the following: M Subchapter 9 ........................................................... Development Code 35.9.4.4. Fees. A. Building permit. Each application to the Building Official for a permit required under this article shall be accompanied by a fee of one hundred dollars ($100.00) for up to the first ten (10) stands and two dollars ($2.00) per stand thereafter. B. Plumbing permit. The plumbing permit fee shall be two dollars ($2.00) per sta C. Electrical permit. The electrical permit fee shall be two dollars ($2.00) per sti ], 35.9.5 License ........... ........... 35.9.5.1 License Required. It shall be unlawful for any person to operate any manufactured home or recreational vehicle park within the limits of the City unless he holds a valid license issued for the current year by the Building Official in the name of such person for the specific park. All applications for licenses shall be made in writing on forms furnished by the Building Official, who shall issue a license. 35.9.5.2. Application for License. A. Application for a license required under this article shall be in writing and contain: 1. The name, address and phone number of the applicant; 2. The name, address and phone number of the manager; 3. The name and address of the park; nlvx*�- Each original application or renewal for the license required under this article shall be accompanied by a fee as determined by the City Council and on file in the office of the City Secretary, plus an additional fee for each manufactured home stand or travel trailer stand in the manufactured home or recreational vehicle park. All renewal fees shall be due on October 1 of each year. 35.9.6. Technical Standards. 35.9.6.1. General Requirements. Any development, redevelopment, alteration or expansion of a manufactured home park or recreational vehicle park within the City limits shall be done in compliance with the following requirements: A. Location. A manufactured home or recreational vehicle park shall be located only in designated zoning areas and with a specific use permit for that purpose, as provided and defined in the zoning ordinance. 1. Area requirements. There is no minimum area which may be developed or used for manufactured home park purposes. 2. Stand requirements. Each stand shall provide a minimum area of five thousand (5,000) square feet; however, no such stand shall be less than forty (40) feet in width nor less than one hundred (100) feet in depth. 3. Screening. There shall be constructed and maintained a permanent screening device not less than six (6) feet in height on all sides of the park, except where natural barriers exist to form all or part of such a screen or where roadways exist to create a traffic hazard. M Subchapter 9 .......................................... '1..__ . . ................ Development Code C, Open space requirements. 1. The minimum front yard setback shall be fifteen (15) feet from the nearest corner of the manufactured home or recreational vehicle to the front line of the stand. 2. No manufactured home or travel trailer shall be closer than fifteen (15) feet to any adjoining public right-of-way. 3. For other structures, the minimum front yard setback shall be at least fifteen (15) feet. 4. The minimum distance between manufacture homes and recreational vehicles shall be twenty (20) feet on the side and sixteen (16) feet on the front and rear. 5. Soil and ground cover. Exposed ground surfaces in all parts of every park shall be paved, covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and clin-dnating dust. D. Drainage. The ground surface in all parts of a park shall be graded and equipped to drain all surface water in a safe, efficient manner. The adequacy of drainage facilities shall be verified by a licensed professional engineer. There shall be an analysis and design of the one -hundred -year flood improvements to meet Federal Emergency Management Agency requirements. E. Manufactured home stalls. The area of the manufactured home stall shall be concrete to provide -adequate support for the placement of the mobile home. F. Parking. Every manufactured home stand shall have two (2) off-street parking spaces; recreational vehicle stands shall have one (1). -liff9grM rM.", A. Generaly. Internal streets in manufactured home parks or recreational vehicle parks shall be privately owned, bat and maintained and shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of park residents. • 2"Waffemm C. An internal street or common access route shall be provided to each stand. All internal streets or common access routes shall be a minimum of thirty (30) feet in width from back of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the park, public streets or, in the alternative, shall be provided with a cul-de-sac having a minimum radius of forty (40) feet. All other streets shall have a minimum radius at intersections of thirty (30) feet. No internal street ending in a cul- de-sac shall exceed one thousand (1,000) feet in length. D. All streets shall be constructed of at least two (2) inches of asphalt, six (6) inches of lime subgrade and with standard or surmountable curbs. Alternative materials for street construction may be approved by the City Engineer as long as the alternative exceeds the standards in this section. E. Surfacing, location of off-street parking. Off-street parking for at least two (2) vehicles per stand shall be concrete, and all other parking areas shall be constructed of all-weather materials and located toeliminate interference with access to parking areas provided for other mobile homes, recreational vehicles and for public parking within the park. F. Minimum parking area for vehicle storage. A minimum parking area of one hundred sixty (160) square feet per manufactured home space shall be provided for storage of boats or vehicles in excess of two (2) per manufactured home unit to minimize on -street parking and to facilitate the movement of emergency vehicles into and through the park. G. Maintenance of internal streets. Internal streets shall be maintained free of cracks, holes and other hazards at the expense of the licensee. Inspection of the streets shall occur at least yearly in conjunction with other City inspections of the manufactured home park or recreational vehicle park. The inspections shall be made by the City Engineer and shall cover the hazards listed in this subsection. M Subchapter 9 ............... .................... i .... . ... ....................................... Development Code H. Numbering, naming of streets. All streets within each park shall be numbered or named in an approved manner. I. Intersecting of interior streets -adjoining public streets. Interior streets shall intersect adjoining public streets at ninety (90) degrees and at locations which will eliminate or minimize interference with the traffic on those public streets. Design of the interior streets shall be approved by the traffic engineer with respect to horizontal and vertical alignment, access points to City streets, parking locations and internal access for emergency vehicles. J. Posting of signs. At each entrance to the park, an eighteen -inch by twenty -four -inch sign should be posted, stating: "Private Drive, No Thru Traffic." The licensee may also post a speed limit sign on this same post. 35.9.6.3. Installation of telephone lines, semipublic telephone. All telephone lines meeting the requirements of the telephone company shall be installed underground in manufactured home parks or recreational vehicle parks. KIMRME�T44 M-. MOTIMM A. All manufactured home parks or recreational vehicle parks shall have at least one (1) recreation area, located as to be free of traffic hazards, easily accessible to all park residents and centrally located where topography permits. B. Extent. Recreation areas and facilities, such as playgrounds, swimming pools and community buildings, shall be provided which will meet the anticipated needs of the clientele the park is designed to serve. C. Size. Not less than eight (8) percent of the gross park area shall be devoted to recreational facilities, generally in a central location. In large parks this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas and swimming pools, but not including vehicle parking, commercial, maintenance and utilities areas. D. Playground location, When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares and parking areas. F I I .1I ��IIMMMMM= B. Water distribution system. 1. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and City regulations and requirements. 2. Individual water meters shall be provided for each manufactured home unit. 3. A backflow preventer will be required to be placed at the property line on the discharge side of the master meter if the property is master metered. Beyond the master meter, the City has no maintenance responsibility. 1. Individual water riser pipes shall be located within the confined area of the outside perimeter walls of the manufactured home at a point where the water connection win approximate a vertical position. 2. Water riser service pipes shall extend at least four (4) inches above ground elevation. The pipe shall be at least three-quarters inch. The water outlet shall be capped in an approved manner when the stand is unoccupied. 3. Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of the riser pipe. M =014 �911111111111111 Development Code 35.9.6.6. Sewage Disposal. A. General requirements. An adequate and safe sewerage system shall be provided in all manufactured home and recreational vehicle parks for conveying and disposing of all sewage. The sewerage system for a park shall be constructed in accordance with the standards of Subchapter 21. All proposed sewage disposal facilities shall be approved by the Building Official prior to construction, except that the use of septic tanks for the disposal of sewage shall not be approved. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with prior •! of the appropriate regulatory agency of the state. The City has no maintenance responsibility for sewage disposal facilities inside the manufactured home park. B. Individual sewer connectio-cs. 1. Each manufactured home stand shall be provided with at least a four -inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position. 2. The sewer connection from the manufactured home to the sewer riser pipe shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one- fourth inch per foot. The sewer connection shall consist of one (1) pipeline only without any branch fittings. All joints shall be watertight. All sewer connections shall comply with the requirements of the City and shall be inspected by the City plumbing inspector. 3. All materials used for sewer connections shall be in accordance with the plumbing code and specifications in the Building Official's office. 4. Provision shall be made for capping the sewer riser pipe in an approved manner when the stand unoccupied. Surface drainage shall be diverted away from the riser. The rim of the riser pipe sh extend at least four (4) inches above ground elevation. 35.9.6.7. Electrical Distribution System. A. Installation. All electrical wiring in the manufactured home or recreational vehicle park shall be underground and installed in accordance with the electrical code adopted in chapter 28 of this Code and specifications of the City. B. General requirements. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations for such systems. C. Power distribution lines. Main power lines shall be in approved conduit. Such conductors shall be located not less than one (1) foot radial distance from water, sewer or gas lines. The location of all such underground lines shall be clearly marked by surface signs at approved intervals, �4 IffUMN 111 1111 Pill l�I 11111111111,11 1 1111111 11�1111 III III iiiiiiiiii 1111111111 1111111111111 1111111 z! 111111111111111 A. General requirements. The requirements of this section shall apply to manufactured home or recreational vehicle park service buildings, recreation buildings and other community service facilities, including but not limited to the following: 1. Management offices, repair shops and storage areas; 2. Sanitary facilities; 3. Laundry facilities; 4. Indoor recreation areas; and 100 Subchapter 9 .............................................. Development Code 5. Commercial uses supplying essential goods or services for the benefit and convenience of park occupants. •E• 1 . All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. 2. Barbecue pits, fireplaces, stoves and incinerators, Cooking shelters, barbecue • fireplaces, woodburning stoves and incinerators shall be located, constructed, maintained and used as to minimize fire hazards and • nuisance both • the property on which used and on neighboring property. No open fire shall be permitted except in facilities approved by the Fire Marshal. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable • 35.9.6.9. Refuse and Garbage Handling. A. A manufactured home shall be considered as an individual family unit which requires it to abide by Chapter 24 of the City Code pertaining to residential sanitation collection. B. Any owner, occupant, tenant or lessee of any mobile home in the City shall have garbage, trash and rubbish regularly removed by the City sanitation division. C. The charges for such services shall be included on the monthly utility bill of the applicant, as determined by the utility deposit or service application, and all utility service may be suspended upon failure to pay the required charges within ten (10) days from the due date of the bill. D. The charge for collecting garbage, trash and rubbish from each individual family unit is established by the City council and is on file in the office of the City secretary. 35.9.6.11. Fuel Supply and Storage. Fuel supply and storage in manufactured home or recreational vehicle parks shall comply with the following: A. Natural gas system. 1. Natural gas piping systems shall be installed underground and maintained in accordance with applicable codes and regulations governing such systems. 2. Each stand provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use. 1. Individual liquefied petroleum gas systems may be used, but, when used, shall be installed and maintained in accordance with applicable codes of the City and regulations of the Texas Railroad Commission pertaining thereto. 2. Liquefied petroleum gas containers shall be installed on an individual space to serve only that mobile home or recreational vehicle occupying that space. 3. No liquefied petroleum gas vessel shall be stored or located outside or beneath any storage cabinet, carport, mobile home or any other structure, unless such installations are approved by the Building Official and the Fire Marshal. Mill Subchapter 9 ................................................... ....... _.1 .................... Development Code 35.9.7. Fire Safetv Standards. A. Storage and handling of liquefied petroleum gases. In manufactured home and recreational vehicle parks where liquefied petroleum gases are stored or dispensed, their handling and storage shall comply with requirements of the plumbing code and the Texas Railroad Commission regulations. B. Storage and handling of flammable liquids. In parks in which gasoline, fuel oil or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with the Fire Code. C. Access for firefighting. Approaches to all recreational vehicles and manufactured homes shall be kept clear for firefighting. D. Water supply facilities for fire department operations. Water supply facilities for fire department operations shall be connected to the City water supply. Water mains for fire protection purposes are to be sized six (6) ID or larger with standard City hydrants located within three hundred (300) feet of all manufactured home sites, measured along driveways or streets, and such water supply systems shall meet the minimum standards for firefighting purposes as required by the state board of insurance. Fire hydrants will be subject to periodic inspections by the fire department. It shall be the responsibility of the park licensee to ensure that the fire hydrants in need of immediate repair shall be repaired in a satisfactory manner within twenty-four (24) hours. Non -emergency repairs shall be made within fourteen (14) days upon receipt of notification. "Non -emergency," for purposes of this subsection, shall mean of a nature not impairing the actual use intended. E. Collection, disposal of rubbish. The park licensee or agent shall provide an adequate system of collection and safe disposal of rubbish approved by the Fire Marshal and the City/county health director. F. Dry brush, limbs, leaves and weeds. The park licensee or agent shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds. 35.10.8. Management and Resident Responsibility. I I - .............. Fs,. Responsibilities of the park management. The following shall be the responsibility of manufactured home or recreational vehicle park management: 2. The licensee or his agent shall operate the park in compliance with this and other applicable provisions and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. 3. The licensee or his agent shall notify each and every park occupant of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter. 4. The licensee or his agent shall maintain a register of park occupancy which shall contain the following information: a. Name and stand number of all park residents; b. 11\,Iobile home registration data, including make, length, width, year of manufacture and identification number; C. Make and model of each recreational vehicle and the license number-, d. Location of each mobile home and recreational vehicle within the park by stand number; e. Dates of arrival and departure of each mobile home and recreational vehicle; f. Name and address of business or individual who installed each mobile home or recreational vehicle; MM 5. A new register shall be initiated on January 1 of each year, and the old register may thereafter be retired but shall be retained on the premises for at least three (3) years following its retirement. Registers shall be available for inspection at an reasonable times by any official of the City whose duties may necessitate access to the information contained therein. 6. Every park operator shall keep a valid license for the park. 7. The licensee or his agent shall ensure the proper placement of each mobile home or recreational vehicle on its stand by each park occupant and ensure the installation of all tic downs in accordance with state standards. B. Responsibilities of park occupants. Responsibilities of park occupants include the following: 1. The park occupant shall comply with all requirements of this Subchapter and shall maintain his stand and its facilities and equipment in a clean and sanitary condition. 2. The park occupant shall be responsible for proper placement of his manufactured home or recreational vehicle on its stand and proper installation of all utility connections in accordance with the instruction of the park management. 3. Fire-resistant skirting or an equal substitute approved by the Building Official shall be required on all manufactured homes and shall be installed within sixty (60) days after emplacement of the manufactured home. 4. The park occupant shall be responsible for proper placement of the manufactured home or recreational vehicle on its standard and proper installation of all tie downs in accordance with state standards. lul Subchapter 10 Development... ...'— ...Code Subchapter 10 — Sexually Oriented Businesses Sections: 35.10.1 Purpose and Intent. 35.10.2 Location of Sexually Oriented Businesses. 35.10.3 Classification. 35.10.4 Additional Regulations for Escort Agencies. 35.10.5 Additional Regulations for Nude Model Studios. 35.10.6 Additional Regulations of Adult theaters and Adult Motion Picture Theaters. 35.10.7 Additional Regulations for Adult Motels. 35.10.8 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. 35.10.9 Defenses to Enforcement. 35.10.1 Purpose and Intent - ---- - - - -------- . .. . . . .............. . . I The location regulations of this Subchaptcr are enacted pursuant to the authority of Chapter 211 of the local Government Code. All other I-rovisions of this article are enacted vursuant to the LnLj.?-_ohceApower and the authority of Article XI, Section 5 of the Texas Constitution.1 A. Purpose and Intent: It is the purpose of this Subchapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Subchapter have neither the purpose nor effect of imposing a Imitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent not effect of this Subchapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Subchapter to condone or legitimize the distribution of obscene material. B. Findings: Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Eric v. Pap's A,M., 120 C. Ct. 1382 (2000), and on studies in other communities including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the "Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses" Gune 6, 1989, State of Minnesota), the Council finds: 1. Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises. 2. Certain employees of sexually oriented businesses, defined in this Subchapter as adult theaters and adult cabarets, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments. I ORD No. 90.063, 4-17-90. 105 Subchapter 10 ................... ...... ...... Development Code 3. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or se private booths or cubicles for viewing films, videos, or live sex shows. 5. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. 6. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV -AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. 7. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea are principally transmitted by sexual acts. 8. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self -regulate those activities and maintain those facilities. 9. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films. 10. The findings noted in Subsections 1 through 6 raise substantial governmental concerns. 11. Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. 12. The general welfare, morals, health and safety of the citizens of the City will be promoted by the enactment of this Subchapter. 35.10.2 Location of Sexually Oriented Businesses. I- ___ ............ .... The orilations of this Chapter are enacted pursuant to the authority of Chapter 211 of the local lcation reg Government Code. All other provisions of this article are enacted pursuant to the City's police power and the authority of Article XI, Section 5 of the Texas Constitution. A sexually oriented businesses shall comply with the following separation requirements: A. A person commits an offense if he or she operates or establishes, or causes or permits another to operate or establish a sexually oriented business which is located within 1,000 feet of a school, church, day care, public park or playground, residential district, or lot devoted to a residential use. The distance between shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located to the nearest property line. 1I A person commits an offense if he or she operates or establishes, or causes or permits another to operate or establish a sexually oriented business which is located within 1,000 feet of another sexually oriented business. The distance between two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located. A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof. 35.10.4 Additional Regulations for Escort Agencies. A. A. An escort agency shall not employ any person under the age of 18 years. 106 Subchapter 10 ................ ........... ........................... ...... ........... I .... Development Code B. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years. 35.10.5 Additional Regulations for Nude Model Studios. B. A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution inider this subsection if the person under 18 years was in a rest room not open to public view or view of persons of the opposite sex. C. A person commLits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. D. A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. 35.10.6 Additional Regulations for Adult Theaters and Adult Motion Picture Theaters. .......... A. A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. B. A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. C. It is a defense to prosecution under this section if the person under 18 years was in a rest room not open to public view or view of persons of the opposite sex. 35.10.7 Additional Regulations for Adult Motels. A. Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article. B. A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not comply with the location requirements of this Subchapter, he or she rents or sub -rents a sleeping room to a person, and, within 10 hours from the time the room is rented, he or she rents or sub -rents the same sleeping room again. C. For purposes of Subsection (B) of this section, the terms "rent" or "sub -rent" mean that act of permitting a room to be occupied for any form of consideration. 35.10.8 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. A. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction distinguished or characterized by an emphasis on matter depicting "specified sexual activities" •' • anatomical areasshall comply with the following requirements: 1. The establishment shall provide for one or more manager's stations, none of which shall exceed 32 square feet of floor area. The manager's stations shall be designed to provide a monitoring location for the operators or employees of the establishment during business hours and to exclude members of 107 Subchapter 10 Development Code the general public. The interior of the premises shall be configured so that there is an unobtructA In, a, view from a manger's station of every area of the premises to which any patron is pert tt,d f, any purpose, excluding rest rooms. Rest rooms may not contain video reproduction equipment. the premises has two or more manager's stations then the interior of the premises shall be configur in such a manner that there is an unobstructed view of each area of the premises to which any part is permitted access for any purpose from at least one of the manager's stations. The view required this subsection must be by direct line of sight from the manager's station. 2. It is the duty of the owners and operator of the premises to ensure that at least one employee is duty and situated in each manager's station at all times that any patron is present inside any part of t premises. 3. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection (1) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the establishment that does not have an unobstructed view from a manager's station. 4. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level. 5. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises. B. A person having a dut3, as provided in Subsections (1) through (5) of Subsection (A) above commits an offense if he or she knowingly fails to fulfill that duty. 35.10.9 Defenses to Enforcement It is a defense to prosecution under that the person appearing in a state of nudity did so in a modeling class operated: A. By a proprietary school licensed by the State of Texas; B. By a college, junior college, or university supported entirely or partly by taxation; C. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or D. In a structure: 1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and 2. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and E. It is a defense to prosecution under this Subchapter that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. 108 Subchapter 11 ................. . ............... Development Code Subchapter 11 — Nonconforming Uses Sections: 35.11.1 Purpose. 35.11.2 Types of Nonconformity. 35.20.3 Special Exceptions 35.20.4 Exemptions 35.11.5 Nonconforming Land Use Standards. 35.11.6 Nonconforming Stnicture Standards. 35.11.7 Amortization of Nonconforming Land Uses and Structures. 35.11.8 Illegal Uses. 35.11.1 Purpose. The use of property or buildings within the City shall not be made non -conforming by the initial adoption of this Chapter. Existing or new nonconforming uses will ♦ regulated by the provisions of this Subchapter. No nonconforming use of land • structures shall be enlarged, changed, altered of: repaired, except in accordance with the provisions of this • 35.11.2 Types of Nonconformity. A. Land Uses. Any use of land which was in existence and nonconforming on the effective date of this Chapter and has been in regular and continuous use, but which does not conform to the use regulations prescribed in this Chapter shall be deemed a nonconforming use. Any use of land which was in existence in the City's extraterritorial jurisdiction and was annexed into the City and has since been in regular and continuous use, but which does not conform to the use regulations prescribed in this Chapter shall be deemed a nonconforming use. This includes any beginning use of land in the area in the manner that was planned for the land before the 9011, day before the effective date of annexation if: 1. One or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned use; and 2. A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.' 1911MUMMMM Any structure (building, structure or site development) which was in existence and lawfuly • and located on the effective date of this Chapter and has been in regular and continuous use, but which does not conform to the lot area, lot dimensions, front yard, side yard, rear yard, coverage, height, floor area ratio, parking, loading, building spacing, screening, landscaping, exterior brick or stone content or other regulations as prescribed in this Chapter shall be deemed a nonconforming building • structure, except as specifically exempted by other sections of this Subchapter. 35.11.3 Special Exceptions. The initial adoption of this Chapter shall not cause any existing, legal use of property, building, structure or site development to become nonconforming. Those lots, structures, and uses of land and structures which were lawful before this Chapter was adopted, but which would be prohibited, regulated, or restricted under the terms of this Ordinance are automatically given a Special Exception designation. This provision shall be liberally I Tex. Loc. Gov't Code §43.002(a)(2) (Vernon, 1999). WZ Subchapter 11 ............................... ............. ........................................................................................................................................................ Development Code construed to allow the property to be used in the same or similar manner as allowed under the prior development regulations. The following restrictions apply to Special Exceptions: A. A land use may expand within the same lot, expansion of a Special Exception onto an adjoining lot will require approval of City Council using the Zoning Amendment Procedure. B. A building my be expanded in keeping with the requirements of the Expansion Applicability Table found in Subchapter 13. C. A building or site may be rebuilt as is after being destroyed in part or in total, except for voluntary demolitions. 35.11.4 Exemptions. A. Residential Structures. Any single-family or duplex structure lawfully existing on the effective date of this Chapter shall be deemed a lawful structure. B. Prior Construction Approved. Nothing contained herein shall require any change in the plans, construction, or designated use of building legally under construction, or for which a permit for construction has been issued, at the time passage of this Chapter or amendments. Legally under construction shall mean that, at a minimum, foundation of such building is lawfully under construction at the time of passage of this Chapter amendments. IMMMIUM MI -WOUT• eminent dornain- dedication or purch se b- or federal a ency creates noncompliance a�-_ y a of the structure regarding any requirement of �Iis Cha'Iter, such structure' shall be deemed a lawful structure. Such right-of-way. In the event that such structure is partially or totally destroyed by natural or accidental causes, the structure may be rebuilt upon approval of a building permit by the Building Official. 35.11.5 Nonconforming Land Use Standards. A. A nonconforming use may be continued subsequent to the effective date of this Chapter provided that such continuance is in accordance with the provisions of this Subchapter and all other applicable codes of the City necessary to ensure adequate protection and safety of adjacent property and the users and occupants of such nonconforming use. However, the right to operate a nonconforming use shall cease and such use shall conform to the provisions of this Chapter under any of the following circumstances: 1. Whenever a nonconforming use is discontinued for six months or more all nonconforming rights shall cease, and the use of the premises shall be in conformance with this Chapter and all applicable code of the City. The term "discontinue" shall mean that the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent. The Board of Adjustment may grant a special exception to this provision only if the owner can show there was a clear intent not to abandon the use even though the use may have been discontinued for six A#LO%ths. 0 • • 1 111 a I I•I 61W0104410CAM111MUM MIUVROM-1 i I Not 110 Subchapter 11 ...................................... -111......... Development Code nonconforming use shall cease, except upon action of the Board of Adjustment to permit reconstruction of such structure and continuance of the nonconforming use. Such action by the Board of Adjustment shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property. 3. In the event that a structure in which a nonconforming use is housed, operated of maintained is partially destroyed, where the damage does not exceed fifty (50) percent of the value of the structure on the date of the damage, the nonconforming use may be allowed to continue, and the structure may be rebuilt upon approval of a building permit by the Building Official. 4. The right to maintain or operate a nonconforming use may be terminated by the Board of Adjustment in accordance with the provisions of this Subchapter. Any appeal of the termination of nonconforming rights under this Subchapter shall be made to District Court within ten (10) days of receipt of written notice of the termination by the Director. 5. A non conforming use terminates when the structure housing the nonconforming use is destroyed by the intentional act of the owner or his agent. 35,11-5.2 Changing Nonconforming Land Uses. A. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use. B. A change of use from one nonconforming use to another nonconforming use may be made, provided that such change is to a use of the same or more restricted classification. In the event that a nonconforming use is changed to a nonconforming use of a more restricted classification, the building of structure containing such nonconforming use shall not later be reverted to the former lower or less restricted classification. C. A nonconforming use may be expanded or enlarged only upon approval of the Board of Adjustment. 1. The lawful change of tenant or ownership of a nonconforming use or structure shall not cause the loss of nonconforming rights. 35.11.5.3 Discontinuation of nonconforming uses. 1. The right to operate a nonconforming use terminates if the nonconforming use is discontinued or remains vacant for six (6) months or more. The Board of Adjustment may grant an exception to this provision only if the owner can state an extreme circumstance that demonstrates that there was not an intent to abandon the use even though the use was discontinued for six (6) months or more. 2. A nonconforming use terminates when the structure housing the use is destroyed by the intentional act of the owner of: his agent. 3. A nonconforming use terminates when the structure housing the use is destroyed by the intentional act of the owner or his agent. 35.11.6 Nonconforming Structures. 35.11.6.1 Compliance for Nonconforming Structures. A. The use of a nonconforming structure may be continued subsequent to the effective date of this Chapter, provided that such continuance is in accordance with the provisions of this Chapter and all other applicable codes of the City necessary to ensure adequate protection and safety of adjacent property and the users and occupants of such nonconforming structure. However, the right to continue a nonconforming structure shall cease and such use contained therein shall conform to the provisions of this Chapter under any of the following circumstances: Subchapter I I ........... I ........... ....... ..................... Development Code Whenever the use of a nonconforming structure is discontinued for six months or more all • rights shall cease, and the structure shall henceforth be in conformance with this Chapter and all applicable codes of the Cit�y. The term "discontinue" shall mean that the property or structure is vacant and no attempt to market the property is • on the property or from the exterior of any structure, • that the property or structure is vacant and City taxes owned • the •- are delinquent. The Board • Adjustment may grant a special exception to this provision only if the owner can show there was a clear intent • to abandon the structure even though it was vacant and the use contained therein may have been discontinued for six months of more. An abandoned nonconforming structure may be occupied, only upon approval of the Board of Adjustment in accordance with the provisions of this Chapter. 2. Whenever a nonconforming structure is damaged by natural or accidental causes to the extent of more than fifty (50) percent the right to rebuild and occupy such nonconforming structure shall cease, • •• action of the i• • Adjustment to • reconstruction and occupancy of such structure. Such action by the Board of Adjustment shall have due regard for the property rights of the person • persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property. 3. In the event that a nonconforming structure is partially destroyed, where the damage does not exceed fifty (50) •" of the value • the structure on the date of the damage, the structure may be rebuilt upon approval of a building permit by the Building Official. The structure must be restored or reconstructed • as to have the same approximate height and floor area that it had immediately prior to the damage or destruction. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage • • A restoration or reconstruction in violation of this paragraph immediately terminates the right to operate the nonconforming use. 4. The right to maintain or operate a nonconforming structure may be terminated by the Board of Adjustment in accordance with the provisions of this Subchapter. Any appeal of the termination •.. nonconforming tights under this Subchapter shall be made to District Court within ten (10) days of receipt of written notice of the termination • the Director. B. Nothing contained herein shall be construed to prohibit the strengthening or repair of any part of any nonconforming structure declared unsafe by the Building Official, unless such repairs exceed fifty (50) percent of the replacement cost of the structure. In such case the right to operate, occupy or maintain such structure may be terminated by action of the Board of Adjustment, and such structure shall be demolished. C. A structure or building within a nonconforming use is located shall be maintained in accordance with the codes in effect when the building was constructed or as deemed necessary by the Building official for the general safety and welfare of the occupant and the public. 35.11.6.2 Changing Nonconforming Structures. A. A nonconforming structure may be expanded or enlarged up to fifty (50) percent of its size. However, all expansion or enlargement of such structure shall be in compliance with all applicable regulations of the zoning district in which such structure is located. B. A nonconforming structure may be expanded or enlarged in excess of fifty (50) percent of its size only upon approval of the Board of Adjustment. C- If such expansion or enlargement is approved by action of the Board of Adjustment, all provisions of the district in which such structure is located shall apply to the entire lot or parcel upon which such structure is located, and shall be applicable to the existing structure(s) as well as any new construction on the lot or parcel. D. The lawful change to tenant or ownership of a nonconforming use of structure shall not cause the loss of nonconforming rights. IIE Subchapter 11 ................... i.— . . . ........... - ........................... ................... ................. Development Code 35.11.7 Amortization of Nonconforming Land Uses and Structures. ------------ ----- - .. ... ... ------ - -- - ............... .............. A. The City Council may initiate the process to amortize a nonconforming land use or structure by filing an application to the Board of Adjustment. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the investment of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. B. The Board of Adjustment may require the discontinuance of nonconforming uses of land or structure under a plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Chapter. 1. Criteria for determining amortization period. Before the Board of Adjustment may determine an amortization period, it must consider the following factors: a. The owner's capital investment in the structures on the property at the time the use became nonconforming. b. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period. C. The life expectancy of the investment. d. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. e. Removal costs that are directly attributable to the establishment of a termination date. f. Other costs and expenses that are directly attributable to the establishment of a termination date. C. If the Board of Adjustment establishes a termination date for a nonconforming use, the use must cease operations on that date and the owner may not operate it after that date unless it becomes a conforming use. 35.11.8 Illegal Uses A. The violation of any of the provisions of one or more of the following categories or ordinances or requirements shall cause the immediate termination of the right to operate such nonconforming use: 1. Constructing, maintaining or operating a use conducted in, or associated with, a building or structure erected without a permit from the City; 2. Operating a use or occupying a building or structure without a valid certificate of occupancy from the City; 3. Operating a use in violation of a valid certificate of occupancy; 4. Unlawful expansion of a nonconforming use or nonconforming structure; 5. Unlawful outside display or storage in required parking spaces; 6. Violation of any of the following provisions of the ordinances of the City; a. Chapter 30 "Flood Procedure & Prevention" of the Denton City Code; b. Chapter 26: Art. V, "Direct and Indirect Discharge Into the Sanitary Wastewater System" of the Denton City Code; C. Chapter 26: "Pollution Control" of the Denton City Code; Subchapter 11 ................................................................................. Development Code d. Chapter 20: "Nuisances" Section 20-41 Abandoned Property & Vehicles. "Junked vehicles declared public nuisance; maintaining public nuisance prohibited" of the Denton City Code; e. Chapter 29: "Fire Code" of the Denton City Code; or f Provisions of the Denton Development Code that relate to imminent destruction of property or injury to persons. B. It is the clear intent of this subsection that nonconforming uses that operate unlawfully shall be considered illegal uses. Illegal uses shall not be considered nonconforming regardless of remedial measures taken to resurrect nonconforming status. C. For purposes of this subsection, the term "violation" shall mean a final finding by a court of record that an ordinance has been violated, IM Subchapter 12 Development Code Subchapter 12 — General Regulations. Sections: 35.12.1 Purpose. 35.122 Yard Measurements. 35.12.3 Utilities. 35.12.4 Accessory Uses. 35.12.5 Tdimmum, Floor Area Requirements. 35.12.6 Minimum Residential Lot Size 35.12.7 Outside Storage 35.12.8 Wireless Telecommunications Facilities 35.8.9 Temporary Uses 35.8.10 Home Occupations 35.8.11 Industrial Performance Standards 35.8.12 Salvage Yards and Industrial Operations. 35.12.13 Commercial Excavation / Removal of Earth Products. 35.12.1 Purpose. The purpose of this Subchapter is to ensure that development will not negatively impact the use and enjoyment of adjacent and neighboring properties. The intent is to ensure that new development will contribute to the overall attractiveness of the City and to increase the design compatibility between abutting properties and land Uses. 35.12.2 Yard Measurements. All yard measurements to and between buildings or structures or for the purpose of computing coverage or similar requirements shall be made from the edge of the foundation. A. If there are dwellings or accessory buildings on both abutting lots (even if separated by an alley or private way) with yards less than the required depth for the district, the yard for the lot may be reduced to the average of the yards of the abutting structures. B. If there is a dwelling or accessory building on one (1) abutting lot with a yard of less than the required depth for the district, the yard may be reduced to a depth one-half (1/2) the distance between the depth of the abutting lot and the required yard depth. C. Non -habitable, unenclosed architectural projections such as porches, stairs, stoops, and awnings may extend 7.5 feet into a required front yard setback, or 24 inches into a required side or rear yard setback. D. Ramps, lifts and access facilities for the handicapped may project into a required setback area. 35.12.3 Utilities. .1- .............. The erection, construction, alteration, or maintenance by public utility or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, towers (except for Telecommirnication Towers), wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police equipment and accessories in connection therewith, but not including buildings and satellite disc antennas, shall be permitted in any district, subject to the normal permit process. Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for in this Chapter, except in the Airport Overlay District. 115 Subchapter 12 ............ ....... .......................................................................... ....... - ....... ....................................................... ........... Development Code 35.12.4 Accessory Buildings and Structures. Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Subchapter and shall comply with the foHowing limitations: A. No accessory building or structure may be located within the required front yard or within an casement. B. Guest Quarters. The issuance of permits for construction and occupancy of guest quarters shall be subject to compliance with following conditions. 1. The guest quarters shall be located on the same lot as an existing detached single-family use and may be located within or attached to the principal building or in a detached accessory building. 2. No more than one (1) guest quarters per tract or lot shall be allowed. 3. Guest quarters shall not be used as rental units. 4. The guest quarters shall be served by the same utility meter as the primary dwelfing, and the building materials and architecture will be similar or in concert to the primary dweUing unit. 5. The floor area within the guest quarters shall not exceed fifty percent (50%) of the floor area of the primary dwelling unit. 6. A guest quarters in a detached building shall be located no closer to the side lot lines than the main residence. C. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shau not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equipment may be placed in a side yard abutting a side street if there are lot or building constraints from placing it in the other side yard and the equipment is screened with a fence or landscaping. Any installation of mechanical equipment shall require a building permit. D. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height. E. Accessory structures, excluding pools and agricultural buildings, may not total more than 25% of the area of the principal structure on the lot. 35.12.5 Minimum Floor Area Requirements. ......... .. . ..... The minimum heated floor area requirements for single-family dwellings, including modular homes, or any manufactured home in any zoning district is 900 square feet per unit. Multifamily and accessory dwelling must have at least 500 square feet or floor space per unit. The minimum floor area required does not include porches, patios, garages, or carPorts. 35.12.6 Minimum Residential Lot Size. Each residential unit, whether attached or detached, must be built on a lot that is at least 2 times the square footage of the unit constructed on the lot. The lot must be at least 1.5 times the footprint of the unit constructed on the lot. 116 Subchapter 12 ................ ......................... I .......... I-- ... - ............. 11-1 Development Code 35.12.7 Outside Storage. ..... ..... I ............ I I I-- ........... Outdoor storage shall comply with the following design criteria in conjunction with any use when the outdoor storage is accessory to the main use: A. Is screened from any right-of-way or adjoining property in accordance with the provisions of section 35.13.8.B. C. Does not contain views of interior storage over the six-foot fence height within the outdoor storage area. In such circumstances, a buffer will be required in accordance with the provision of section 35.13.8A. D. The definition of outdoor storage does not include retail planting stock and landscape stone or similar landscape materials, associated with a nursery. However, storage of soils, load piles of gravel and other landscape installation equipment and similar materials shall be required to comply with this limitation when they are stored outside. 35.12.8 Wireless Telecommunications Facilities. A. Purpose. The purpose of this section is to establish guidelines regulating the location of telecommunication towers and antennas with the objective of minimizing their number, to protect and promote public safety, and to mitigate any adverse visual impacts on the community while promoting the provision of telecommunications service to the public. B. Compliance with Telecommunications Act. The regulations contained in this ordinance have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996: 1. Cities have local authority over "placement, construction, and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities. 2. Regulations "shall not unreasonably discriminate among providers of functionally equivalent services." 3. Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services." 5. Cities may not "regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions." Notwithstanding any other provision of this ordinance, telecommunications towers and antennas, when permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements. 1. Protect residential areas and land uses from potential adverse impacts of towers and antennas; 2. Encourage the location of towers in non-residential areas; 3. 1\/Iinin-iizc the total number of towers throughout the community; 4. Encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single -use towers; 5. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 117 6. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques; 7. Enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; and 8. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. 35.12.8.1 Definitions. Alternative Mounting Structure. A man-made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. Antenna. A structure or device used to collect or radiate electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omm-directional antennas, such as whips, but not including satellite earth stations. mmm Antenna Array, An arrangement of antennas and their supporting structure. Antenna, Dish. A parabolic bowl shaped device that receives and/or transmits signals in a specific directional Antenna, Panel. An antenna which receives and/or transmits signals in a directional pattern. Antenna, Stealth. A telecommunications antenna that is effectively camouflaged or concealed from view. Antenna, Telecommunications. An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 50 feet (15 meters) in height and whip antennas less than 4 inches (10 cm) in diameter and less than 10 feet (3 meters) in height. Antenna, Whip. An omm-directional dipole antenna of cylindrical shape which is no more than 6 inches (15 cm) in diameter. Co -location. A single telecommunications tower and/or site used by more than one telecommunications service provider. EIA-222. Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures." N�. Federal Aviation Administration or any successor agency. FCC ♦ Communications Commission or any successor agency, Height. When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or structure, including the base pad and any antenna. Identification Pylon. A permanent grotind mounted sign consisting solely of a single monolithic structure used to identify a development. Structure. An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, poles, water towers, cranes, smokestacks, earth formations, and overhead transmission lines. Telecommunications. The transmission, ♦ ♦ • points specified by the user, of audio and/or visual ♦ of the user's choosing without chan8,e in the form or content • the information as sent and received. Telecommunications Service. The offering of telecommunications for a fee directly to the public, ♦ to such classes of users to be effectively available directly to the public, regardless of the facilities used. .............................................................. ................................ I ...... ....... Subchapter 12...... Development Code Tower, Electric Transmission. A self-supporting structure in excess of 50 feet (15 meters) in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers. Tower, Guyed. Any telecommunications tower supported in whole or in part by cables anchored to the ground. Tower, Height. The distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any. Tower, Monopole. A self-supporting telecommunications tower which consists of a single vertical pole fixed into the ground and/or attached to a foundation. Tower, Self-supporting Lattice. A telecommunications tower which consists of an open network of metal braces forming a tower which is usually triangular or square in cross-section. Tower, Telecommunications. A self-supporting or guyed structure more than 20 feet (6 meters) in height, built primarily to support one or more telecommunications antennas. A. New Towers and Antennas. All new towers and antennas within the corporate limits of the City shal be subject to these regulations, except as provided in Sections 35.12.8.2.b through c, inclusive. B. Amateur Radio Station Operators/ Receive Only Antennas. This ordinance shall not govern any tower or installation of any antenna that is under 70 feet in height and is owned and operated by a federally -licensed amateur radio station operator or is used exclusively for receive only antennas. C. Pre-existing Towers or Antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this ordinance, except the requirements of Section 35.12.8.4.a, b, and h. n TITIT MT$T7r_T= A. Applications. All applications for rezoning or a Special Use Permit (SUP) for a telecommunications tower, antenna, or other facility to provide a telecommunications service shall include a completed supplemental information form provided by the City regarding said facilities. In addition to any information required for applications for a SUP pursuant to this chapter, applicants for a SUP for a telecommunications tower or antenna or other such facility shall submit the following information: 1. A detailed master antenna plan, clearly indicating the location of the proposed tower, on -site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Director. 2. A legal description of the property and leased land, if applicable. 3. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. 4. The separation distance from other towers shown on an updated site plan or map. 5. A landscape plan showing specific landscape materials. 6. Method of fencing and finished color and, if applicable, the method of camouflage and illumination. B, Platted Lots. Unless an exception is granted by the Planning and Zoning Commission, telecommunications facilities requiring rezoning or a SUP, including towers and related equipment buildings, shall be located on a platted lot. C, Technical Assistance. When a rezoning or SUP is required to comply with the provisions of this section, and when the technical information provided by the applicant is beyond the technical capacity of City staff to review, the applicant, in addition to the usual application fee, shall reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information supplement, up to a maximum of $5,000. Subchapter 12 ............... ...... _ ...... - .......... - Development Code D. Pre -application Meetings. Prior to leasing or purchasing facilities, the telecommunications service provider is encouraged to meet with the Director of Planning or his or her designee to determine if the location will require a SUP or other approvals, and to review the merits of potential locations. E. Master Antenna Plan. To facilitate co -location and coordination of telecommunication sites, the City shall, within 30 days of its effective date, notify the providers of telecommunications services, as that term is defined by federal law, of the enactment of this ordinance. Said providers shall, within 90 days of the date of such notice, provide the City with their respective master antenna plans. Said plans shall include detailed maps, showing the locations and characteristics of all telecommunications towers and antennas serving any portion of the City and indicating coverage areas for current and, to the extent possible, future telecommunications towers and antennas. Providers shaU also provide the City with any updates to the above documents within 90 days of their creation. KI-APAJEM A. Applicable Federal and State Standards. All telecommunications towers and antennas shall be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state, and local standards. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. B. Structural Standards. Telecommunica dons tower structures must conform to the most current revision of EIA 222 standards. Guyed telecommunications towers shall be designed and located so that if the structure should fall it would avoid habitable structures and public streets. To insure structural integrity, the owners of the tower shall ensure that it is maintained in compliance with all applicable provisions of Chapter 28 "Building and Building Regulations" and all applicable state or local building codes and safety regulations, as well as the regulations published by the Electronic Industries Association (EIA) as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with these standards. Ci Co -location. Towers shall be designed and built to accommodate a minimum of two cellular or PCS providers, if over 75 feet (23 meters) in height. The owner of the tower must certify to the City that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. DFencing. Security fencing shall be installed by a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than 6 feet (1.8 meters) in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights -of -way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings. E. Setbacks. All telecommunication towers as well as guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or sideyard building setbacks. Telecommunication towers in excess of 400 feet (120 meters) in height shall be set back a minimum of 2,600 feet (800 meters) from the right-of-way of all controlled access federal and state roadways designated as freeways to provide unobstructed flight paths for helicopters. R Signage. Except as otherwise permitted in this ordinance, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches (1,290 square cm) shall be placed on or affixed to any part of a telecommuri-ications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law. G. Lighting. Except as otherwise permitted in this ordinance, no signals, lights, or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority. 120 Subchapter 12 .................... ......................................................... ................................ 1-- ....... ........................ ---- ........ I ........... Development Code H. Abandonment. In the event the use of any Wireless Communication Facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Official, who shall have the right to request documentation from the owner/operator regarding the issue of usage. Upon the termination of abandonment, the owner/operator of the antenna support structure shall remove same within 90 days of receipt of notice from the Building Official noti��g the owner/operator of such abandonment. If said antenna support structure is not removed within 90 days, the Building Official may cause it to be removed at the owner's expense. A. Historical/ Cultural. Except for compatible alternative mounting structures that effectively camouflage or conceal the presence of telecommunications antennas, telecommunications facilities should not be located on or within 300 feet (90 meters) of property zoned historic or property included in a national or local historic district. In addition, said facilities should, wherever possible, be located so as to ensure that historic or culturally significant vistas, and landscapes are protected and that the views of and vistas from architecturally and/or historically significant structures are not ■ • diminished. B. Residential Zoning. Except as provided in Section 35.12.8.7, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a 3 to 1 distance to height ratio from a single family residential use and 1 to 1 distance to height ratio from a multifan-�ily use. C. Towers Permitted by Right. Free standing monopole telecommunications towers 85 feet (26 meters) or less in height are permitted except as provided in Section 35.12.8.7, except for Central Business District and other applicable sections of this Subchapter. Di Towers Requiring a Special Use Permit (SUP). All telecommunication towers to be located in the Central Business District are permitted with a SUP. Telecommunication towers in excess of 50 feet (15 meters) in height and monopole towers in excess of 85 feet (26 meters) in height are permitted, except as provided in Section 35.12.8.7. E. Tower Spacing. Any new telecommunications tower in excess of 180 feet (55 meters) in height must be located a minimum of 1 mile (1.6 km) from any existing tower in excess of 180 feet (55 meters) in height. F. Alternative Mounting Structures. 1. New Alternative Mounting Structures 100 feet (30 meters) or less in height are permitted, except as provided in Section 35.12.8.7, and other applicable sections of this Subchapter. 2. New Alternative Mounting Structures in excess of 100 feet (30 meters) in height are permitted, except as provided in Section 35.12.8.7, and other applicable sections of this Subchapter. 3. Alternative Mounting Structures must be similar in color, scale, and character to adjoining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment. 35.12.8.6 Antenna Mounting Standards The purpose of this section is to promote public safety and maintain order and harmony within the City's business, cultural, and residential districts by restricting the size and location of telecommunication antennas. The objective is to avoid the creation of visual distractions, ■ obstructions to the view of pedestrians and motorists on public thoroughfares, and to insure the structural integrity of supporting structures. 1 . Individual telecommunications antennas are allowed on existing electric utility poles, light standarcm and telecommunication towers in excess of 40 feet (12 meters) in height, provided that the to length of any antenna does not exceed 15 percent of the height of the structure. The height o i 11M telecommunications tower is determined by the highest point of any and all components of the structure, including antennas. 2. Telecommunications antennas and arrays are allowed by right on existing electric transmission towers. 3. Existing structures in excess of 50 feet (15 meters) in height may, as a matter of right, be rebuilt, necessary, to support or contain a new antenna, provided that the new structure is the same hei and substantially the same in appearance as the structure it replaces. 4. Building mounted panel antennas are permitted on non-residential buildings and multi -fa dwellings in all zoning districts, I provided that they are mounted flush with the exterior of the build' and that they do not project above the roof lie, not more than 30 inches (75 cm) from the surface the building to which they are attached. The antenna's appearance shall be such that its color a texture blends with the surrounding surface of the budding. 5. Whip antennas are permitted on non-residential buildings and multi -family dwellings in all zo districts, provided that the total length of said whip antennas, regardless of mounting method location, does not exceed 15 percent of the height of the building. I 6. Only one building/roof mounted antenna support structure, less than 100 square feet (9 square meters) in area, is permitted per 5,000 square feet (450 square meters) of building floor area. B. is Antenna Mounting Standards. 1. Dish antennas shall not be permitted in any front setback area or sideyard setback adjacent to any roadway. 2. Ground mounted dish antennas in excess of 5 feet (1.5 meters) in height shall be screened from roadways and adjacent property by a minimum 6 foot (1.8 meter) high screening fence, evergreen hedge, or masonry wall. 3. Dish antennas in excess of 10 feet (3 meters) in height or more than 10 feet (3 meters) in diameter are permitted except as provided in Section 35.12.8.7. 4. Building/roof mounted dish antennas I meter or less in diameter are permitted except as provided in Section 35.12.8.7, and other applicable regulations of this Subchapter. 5. Building/roof mounted dish antennas 2 meters or less in diameter are permitted on all buildings in excess of 5,000 square feet (450 square meters) of building floor area except as provided in Section 35.12.8.7, and other applicable regulations of this Subchapter. 6. Only one building/roof mounted dish antenna, 2 meters or less in diameter, is permitted per 5,000 square feet (450 square meters) of building floor area except as provided in Section 35.12.8.7, and other applicable regulations of this Subchapter. 7. Building/roof mounted dish antennas in excess of 2 meters in diameter may be permitted on buildings in excess of 100,000 square feet (9,000 square meters) of building floor area except as provided in Section 35.12.8.7, and other applicable regulations of this Subchapter. 8. Building/roof mounted dish antennas in excess of 1 meter in diameter in residential zoning districts shall be painted to have an appearance that blends with the building on which they are located or to be located so that they are not visible from any adjacent roadway. 9. Building/roof mounted dish antennas in excess of 2 meters in diameter in non-residential districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located or to be located so that they are not visible from any adjacent roadway. W% 35.8.8.7 Telecommunications Use Chart Notes: Subchapter 12 ..................... ....................... ..............a. Development Code Stealth Stealth, Non-residential and multi -family structures only, Non-residential and multi -family structures only: Non-residential structures in excess of 5000 sq. ft of floor area. Non-residential structures in excess of 100,000 sq. ft. of floor area. 123 Subchapter 12 .................................... Development Code • to the installation • any building/roof • • antenna, antenna array, or support structure the City's Building Official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment. MEEBEE =-, Any entity that desires to erect or utilize telecommunication facilities that wishes to present evidence that such entity would be limited by the current ordinances or regulations of the City dealing with zoning and land use may apply for such use under this section. The City Council shall, upon a showing that strict application of re, ations would agolubit or have the effect of Lcrohibi iq �cersonal wireless service. as defined bp federal law.. ,modify the subject regulations, consistent with the spirit and intent of this chapter and section, to the extent ,necessary to • the prohibition. 35.12.9 Temporary Uses. ............... The building official may permit certain specified uses in certain specified zoning districts and use classifications for limited periods of time, upon application for permit and satisfaction of predetermined criteria. A. Revocation. The building official may revoke a temporary use permit if her or she determines that: 1. The applicant has misrepresented any material fact on his or her application, or supporting materials. 2. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. 4. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public. B. Conditions. The building official may prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, moral, and general welfare of the community, with particular attention to areas proximately located to the permitted temporary use. Such conditions may include, specific performance standards, noise mitigation measures, lighting restriction, restrictions on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse impacts upon surrounding areas. ROMPIPIM4 M-4 2. Upon expiration or revocation of a temporary use permit, the applicant shall clean the sit of all debris, whether generated by the temporary use or not. 3. The applicant's violation of any requirement of this division may be prosecuted of enjoined as a zoning violation of any requirement of this division may be prosecuted or enjoined as a zoning violation. Such remedies are cumulative of, and in addition to, other remedies which may exist at law or equity. 4. Neither the grant of a temporary use permit, nor the pernrittee's compliance with its terms, shall constitute a defense to prosecution under an), law or ordinance, other than as stated in this subsection. A temporary use permit serves only to conditionally permit the temporary use of property in a manner which might otherwise constitute a violation, provided that the pern-littee strictly complies with all permit requirements and restrictions. Despite the fact that a temporary use permit may prescribe standards which it is the pertnittee's responsibilit�, to fully comply with all such laws and regulations, whether addressed by the permit or not. The city does not warrant that compliance with a temporary use compliance with any other law or ordinances. 124 Subchapter 12 ........................................... ............................................ .1, .......... ........... ........................ .................................... .... ....... -- ...... Development Code I a. Description. Events of public interest include outdoor concerts, carnival, circuses, and similar temporary events. Permitting decisions shall be made without regard to the content of protected speech. b. Eligible zoning classifications. Events of public interest are limited to the non-residential districts. c. Maximum duration of permit. A permit for an event of public interest may not exceed twenty- one (21) days in duration and may not be renewed. Only one (1) permit may be issued per event. d. Permit criteria. The building official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regulations. a. Description. A portable building to be used during the construction of a site. b. Eligible zoning classifications. Temporary Field or Construction Office are eligible for permitting in all zoning districts. c. Permit criteria. The building official may grant temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regulations. 3. Christmas tree and pumpldn sales. a. Description. Christmas tree and pumpkin sales encompass the sale of healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. b. Eligible zoning classifications. Permits for temporary Christmas tree sales are limited to the non- residential districts. c. Permit criteria. The building official may grant temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regulations. a. General requirements. i Applicants for a permit to operate a temporary concrete or asphalt batching must submit a letter from the Texas Natural Resources Conservation Commission (TNRCC) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as adopted and amended from time to time. ii All stockpiles shall be sprinkled with a water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. iii The facility shall be operated in a manner which eliminates unnecessary dust, noise an odor (including, with limitation, covering trucks, hoppers and chutes loading and unloading devices and mixing operation: and maintaining driveways and parking areas free of dust). iv The facility must produce concrete or asphalt for the specific subdivision or project site upon which it is located, and may not produce concrete or asphalt for any other unrelated subdivision or project. v Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic. nm Subchapter 12 _........ _......... ........ ............................... .................... Development Code vi All open -bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of layer san, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions. vii Temporary concrete batching plants (including associated stationary equipment and stockpiles) shall be located at least three hundred (300) feet from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon Which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project. viii Temporary asphalt batching plants shall be located at least one-half (1/2) mile from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. ix Applicant shall clear the site of all equipment, material and debris upon completion of the project. b. Maximum duration • permit. A permit shall be valid for a period • to exceed sixty (60) days. No more than three (3) permits may • issued for the same site or project within the twelve- month period • the original date of issuance. d. Eligible zoning classifications. Temporary batch plants are eligible for permitting in all zoning districts. e- Revocation of permit. In addition to the reasons enumerated above, the building official may terminate or revoke a permit for any of the following reasons. i The facility fails to comply with any of the requirements a listed in this section. ii The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Natural Resources Conservation Commission and Amended from time to time. 35.12. 10 Home Occupations. MM�M A home occupation shall be permitted only when it is an accessory use to a detached single-family dwelling unit. A home occupation shall not involve any external structural alteration of the single-family dwelling unit. C. Employees. Only one employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home occupation �+*01 �.LQ?Mvg Sf include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business. 126 Subchapter 12 .......... .................. __I._I_. ...... _ . . .... ....... ............................................ ........ .......... I'll .................................................. Development Code I - IWWRR'�I There shall be no external display of products or any other externally visible evidence whatsoever of the occupation, business or profession. F. Signage. A person who engages in a home occupation shall not place an advertisement, sign, or display on or off the premises. rfs MI A home occupation shall not involve more than four (4) patrons on the premises at one time. PO4W97MI "Ilw4rg"If M_ Any outdoor activities associated with a home occupation shall be screened from the neighboring property by a solid fence of at least six fee (6') in height. I. Product Sales. A home occupation may include the sale of products on the premises provided compliance is maintained with all other conditions specified herein. J. Definition of "On the Premises." "On the premises," as it pertains to home occupations, shall be defined as the single-family dwelling unit plus the lot on which such structure is located. 1040MM"ITIT03 A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dirt, odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes. L. Prohibited Equipment and Materials. There shall be no chemical, mechanical or electrical equipment on the premises other than that normally found in a single-family dwelling unit. M. Parldrig and Business -Related Vehicles (vehicles either marked or equipped commercially). No on -street parking of business -related vehicles shall be permitted at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number of business -related vehicles shall be limited to one. 10jWTt=IftMr"7 61MAMM The above -listed requirements of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises within the R (Rural) District, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery or the existence of stands or booths for display of such produce, The following uses are allowable as home occupations only with the approval of a Special Use Permit: 1. Registered Fan-rily Homes (in -home childcare) or Adult Day Care, but not more than six children or adults at a time, including the caregiver's own preschool -aged children or adult family member. 11% Subchapter 12 ____ ............... Development Code 2. Tutoring of all types, but limited to four pupils at one time. 3. Arts and crafts. 4. Small appliance repair. 5. Contractor offices (i.e., painting, cleaning, yard maintenance, building). 6. Attorneys. 7. Accountants. 8. Real estate agents. 9. Insurance agents. 10. Counselors, psychological therapists. 11. Tailor. 12. Chimney Cleaning. 13. Home marketing, mail order products or services and e-mail. 14. Laundering services. 15. Registered massage therapists. 16. Any use determined by the Director to be an Allowable Home Occupation. P. Home Occupations Requiring a SUP. The following uses are allowable home occupations with the approval of a Specific Use Permit: 1. Musician's and artist's studio. 2. Barber and beauty shops, provided that the use is conducted by family members who Eve in the residence (no outside employees permitted). The business shall consist of no more than one beauty/barber chair, and no more than two (2) customers shall be permitted at one time. Said business shall operate only between the hours of 8:00 a.m. and 8:00 p.m.. 3. Catering establishments (i.e., business providing contract services consisting of food and banquet preparations prepared internally and delivered to customers off the premises). Q. Occupations Not Allowed. The following uses are examples of home occupations which are not allowed: 1. Antique sales. 2. Medical doctors, or any practice of physical and/or medical application, including chiropractors. 3. Dentists. 4. Vehicle repair/mechanic's garages and automobile detailing. 5. Commercial greenhouses or nurseries. 6. Animal grooming. 35.12. 11 Industrial Performance Standards. ........... 1-1-1- I 128 Subchapter 12 ................................ I .... Development Code At no point at the bounding property line of any industrial use shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table. 37- 75- 150- 300- 600- 1200- 2400- 4800- A Octave Band(cps) 75 150 300 600 1200 2400 4800 9600 Scale Decibel Band Limit (dB re 86 76 70 65 63 58 55 53 65 0.0002 microbar) Note: A -scale levels are provided for monitoring purposes only and are not applicable to detail sound analysis. As used in this Subchapter, "bounding property line" shall be interpreted as being at the far side of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two (2) parcels of property shall be interpreted as the bounding property line. 2. The following corrections shall be made to the table of octave band -decibel Emits in determining compliance with the noise level standards for any industrial use: a. When noise is present at nighttime, subtract (-7 dB). b. When noise contains strong pure -tone components or is impulsive, that is when meter changes at ten decibels (10 dB) or more per second, subtract (-7 dB). c. Add (+10 dB) when noise is present for not more than: i One-half minute in any one -half-hour period; ii One (1) minute in any one -hour period; iii Ten (10) minutes in any two-hour period; or iv Twenty (20) minutes in any four-hour period. 3. Measurements of noise shall be made with a sound level meter on an octave band analyzer meeting the standards prescribed by the American Standards Association. B. Smoke and Particulate Matter. No industrial operation or use shall cause, create or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the bounds of the property are: 1. As dark or darker in shade as that designated as No. 2 on the Ringlemann Chart as published by the United States Bureau of Mines Information Circular 7118. 2. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in this Subchapter, except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere the standards in B.1. and 2. shall not apply. 119 0914 1 �1� I �- 3. The emission of particulate matter from all sources from an industrial use shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour. 4. The open storage and open processing operations, including on -site transportation movements which are the source of wind or airborne dust or other particulate matter or which involves dust or other particulate air-contan-iinant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting, shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air. 1. No industrial use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located which when diluted with an equal volume of odor -free air exceeds the odor threshold (two (2) odor units). 2. The odor threshold as set forth shall be determined by observation by a person. In any case, whe uncertainty may arise or where the operator or owner of an odor -emitting use may disagree with t"I enforcing officer or where specific measurement of odor concentration is required, the method a procedures specified by American Society for Testing Materials A.S.T.M.D. 1391-57 entitled Standa Method for Measurement of Odor in Atmospheres shall be used and a cop), of A.S.T.M.D. 1391-57 hereby incorporated by reference. INRMM 1. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in the Industrial Districts except that chlorates, nitrates, perchlorates, phosphorous and similar substances and compounds in small quantities for use by industry, school laboratories, pharmacists or wholesalers may be permitted if such use is in conformance with all othet ordinances of the City and has been approved by the fire department. 2. The storage and use of all flammable liquids and materials such as proxylin plastics, nitrocellulo film, solvents and petroleum products shall be permitted only when such storage of use conforms the standards and regulations of the fire department. I No industrial operation or use shall ennt a concentration across the bounding propert�, line of the tract on which such operation or use is located of toxic or noxious matter which Will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the state department of health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the building official. No industrial operation or use shall at any time create earth -borne vibration which when measured at tlM bounding property line of the source operation exceeds the limits of displacement set forth in ME following table in the frequency ranges specified: I ME Subchapter 12 .................. ........... ....... ............. — ..... -- ........ --- ...... ....... .............................................. ................................ ................. Development Code 20 to 30 .0010 .0005 30 to 40 .0006 .0004 40 and over .0005 .0003 MOMM-ME= No open storage of materials or commodities shall be permitted with any industrial use except as accessory use to a main use located in a building. No open storage operation shall be located in front• the main building and no storage use shall constitute a wrecking, junk or salvage yard. No use or operation in the Industrial Districts shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination, not shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. 35.12.12 Salvage Yards & Industrial Operations. . ............ . . .... - . ..... . ......... . . .... A. Before a Specific Use Permit for the use of property as a salvage yard can be granted, plans and specifications showing the location of premises, grading plan, existing and proposed drainage, proposed operational details including noise levels, hours of operation, errant dust and truck access shall be submitted to, and approved by, the City Council. B. In reviewing the application, the Planning and Zoning Commission may consider the most appropriate use of the land, distances from property fines, the protection of pedestrians and vehicles, the prevention of the collection and stagnation of water at all stages of the operation. C. A bond may be required to ensure performance. D. Any expansion of a nonconforming salvage yard shall require a Specific Use Permit. 35.12.13 Commercial Excavation Removal of Earth Products. A. Before a Specific Use Permit for the commercial excavation and removal of earth products can be granted, plans and specifications showing the location of premises, grading plan, existing and proposed drainage, proposed operational details including noise levels, hours of operation, errant dust and truck access, and details of regrading and revegetation of the site shall be submitted to, and approved by, the City Council. B. In reviewing the application, the Planning and Zoning Commission may consider the most appropriate use of the land, distances from property lines, the protection of pedestrians and vehicles, the prevention of the collection and stagnation of water at all stages of the operation, and the rehabilitation of the land upon termination of operation. W. Any expansion of a nonconforming commercial excavation shall require a Specific Use Perinit. An expansion is defined as removal of additional undisturbed topsoil or vegetation or otherwise enlarging the area which had been mined, commonly referred to as the quarry face or active quarry area. 131 Subchapter 13 — Site Design Standards Sections: 35.13.1 Purpose and Intent. 35.13.2 Application. 35.13.3 Procedure / Plans Required. 35.13.4 Criteria for Approval. 35.13.5 Alternative Development Plan. 35.13.6 Street Tree Requirements. 35.13.7 Landscape and Tree Canopy Requirements. 35.13.8 Buffer and Screening Requirements. 35.13.9 Fence Requirements. 35.13.10 Access, Parking and Circulation Requirements. 35.13.11 Drive -up Use Requirements. 35.13.12 Light and Glare Performance Requirements. 35.13.13 Site Development Requirements. 35.13.1 Purpose and Intent .......... The purpose and intent • this Subchapter is to regulate the manner in which land in the City is used and effects on surroundin5_F_M,12ert�,7 owners or— general public, and ensure that high quality development is maintained throughout the community. 35.13.2 Application. The standards of this Subchapter shall apply to those developments, excepting agricultural uses, that meet any of the following thresholds: A. Residential. 1. Building a structure that contains two or more dwelling units. 2. Building a structure on lots of less than 10,000 square feet. 3. Developing a parking lot. B. Non-residential. 1. Building a structure of greater than 1,000 square feet. 2. Converting a residential structure to non-residential use that requires site plan improvements. 3. Developing a parking lot. C. Expansions. 1. The expansion of existing buildings or site development, excepting single and two family, is subject to the provisions of this Subchapter based on the Expansion Applicability Table. 35.13.3 Procedure / Plans Required ........... ........... A. A Site Review is required for any development that is required to meet the requirements of this Subchapter. 1. The Staff Review Procedure will be used to process a request for a Site Review. 2. Site Review applications shall be made in accordance with the Site Design Criteria Manual. 133 4 1 - INXAX7,101111HIN111 4 Expansion Applicability Table Use Site Plan Single --family N/A --only a "plot expansion within plan" permitted lot coverage. Multi -family expansion of lo% of YES the number of units or 10 units, whichever is less. Traffic Impact Analysis N/A YES, based on total trips Landscape & Tree Canopy N/A YES, applied to the expanded m pervious area attributable to the new units up to a 50% increase in the number of units unless the entire site still complies; then, for increases greater than 50%, to the entire site. Building Design Standards N/A YES, applied to now units with exterior walls up to a 50% increase in the number of units; then, for increases greater than 50% ' to a units. Parking Lot Landscaping N/A YES, applied to the additional parking for the new units up to a 50% increase in the number of units; then, for increases greater than 50% ' to all parking Street Trees N/A YES, applied to the linear feet of street frontage contiguous to therequired new units and additional required parking up to a 50% increase in the number of units; then, for increases greater than 50%, to all street frontage. YES, applied to the YES, applied to Non-residential expanded impervious area YES, applied to YES, applied to the the linear feet of street frontage expansion (based on attributable to the now floor area with additional parking required for the new contiguous to the floor area) of 1.000 sf or YES YES, based new floor area up to a 50% increase in exterior walls up to a 50 % increase in floor floor area up to aor new floor area and additional required 25%, whichever is greater [BUT NOT EXCEEDING on total trips. floor area unless the area; then, for 50% increase in flu area; then, for parking up to a 50% 10,000 SF FOR RETAIL entire site still complies; then, for increases greater than 50%, to all increases greater increase in floor area; then, for USES]. increases greater buildings than 50%, to all parking increases greater than 50%, to the than 50%, to all entire site street frontage YES, applied to the YES, applied to expanded impervious area YES, applied to the YES, applied to the the linear feet of street frontage attributable to the new units or new additional parking required for the new contiguous to the new units or new floor area with units or new floor new units or new Casualty loss YES YES, based floor area up to a exterior walls up to a area up to a 50% floor area and replacements (for all —but only a on total trips 50% increase in the 50% increase in the increase in the additional required uses) that exceed the plot plan" for single- (N/A to number of units or units or floor area; number of units or parking up to a 50% above -defined thresholds family. isingle- family). floor area (unless the entire site still then, for increases greater than 50%, to floor area; then, for increase in the number of units or complies); then, for all units/buildings increases greater than 50%, to all floor area; then, for expansions greater (N/A to single- parking (N/A to increases greater than 50%, to the family). sil f l inge-amy), than 50%, to all entire site (N/A to street frontage (N/A single-family). to single-family). Reconstruction after any voluntary demolition of YES YES YES, applied to the YES, applied to all YES, applied to all YES, applied to the all or substantially all entire site improvements. parking. entire site improvements on a site. YES, applied to the linear feet of YES, applied to the street frontage Parking lot Lost canopy due to the expansion must additional parking spaces up to a 50% contiguous to the now parking spacesup expansion (excluding YES N/A be replaced, but only N/A increase in the to a 50% increase in the re -striping) of six spaces or if the site, as a number of spaces; number of spaces; more. whole, does not comply, then, for increases greater than50%, to then, for increases all park, ng greater than 50%, to all parking with contiguous street frontage. Conversion of a residential structure to a non-residential use where N/A N/A N/A N/A N/A N/A no site improvements are required RE Subchapter 13 . . . ....... ....... ............................ ................................... Development Code 1. A TIA shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. 2. The TIA shall be developed in accordance with the Transportation Criteria Manual. 35.13.4 Criteria for Approval. The following criteria shall be used to approve or deny a site plan: A. All applicable City Ordinances and Regulations have been met and wiU be met by the proposed development. B. All requirements of the Site Design Subchapter have been met. C. That adequate capacity of public or private facilities for water, sewer, paved access to and through the development, electricity, storm drainage, and adequate public facilities for transportation can and will be provided to and through the subject property. Adequacy can be determined based on the infrastructure standards established by the City and Denton County. 35.13.5 Alternative Development Plan 111,111,1111, ........... ...................... .. . ................................ An applicant may propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process reviewed by the City Council utilizing the Zoning Amendment Procedure process outlined in Subchapter 3. A. Criteria for Approval. The goals and objectives which must be met, and by which the proposal will be judged are: 2. Assure quality development that fits in with the character of Denton. 3. Focus new development to activity centers to curb strip development and urban sprawl. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. 35.13.6 Street Tree Requirements. All development fronting on public or private streets, excepting alleys, shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. The Director may approve alternative plans due to special site conditions, which may, for reasons such as safety, affect the ability to meet these regulations. A. Location. Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the right-of-way, of: the sidewalk is greater than 8 feet wide and designed to accept trees in tree wells. B. Number and Spacing. Street trees shall be planted at the rate of one tree for every 30 feet, or major fraction thereof, of street frontage. Street trees shall be planted at a regular interval along the street frontage, and shall be of the same species within any specific block. C. Maintenance. Street trees shall be maintained by the adjoining property owner. 11W 35.13.7 Landscape and Tree Canopy Requirements. The following requirements shall apply to all developments, except single and two family lots within residential developments: A. The percentages of Landscape and Tree Canopy requirements are listed in the table entitled Landscape and Tree Canopy Requirements. B. All landscaping and trees shall be installed and maintained in accordance with the requirements of the Site Design Criteria Manual, C. All properties shall install automatic irrigation systems. The Director may waive the irrigation system requirement if a landscaping plan is approved that includes drought tolerant plants or a xeriscape design. D. The following may count towards meeting the Landscape and Tree Canopy requirements: 2. Environmentally Sensitive Areas. 3. Landscaping in the adjacent public right of way. 4. Plazas and pedestrian circulation areas if constructed with pervious material. 5. A percentage of parking areas if constructed with brick pavers or pervious pavement systems as approved by the Director of Planning and Development. E. Landscape Areas. Landscape area is the portion of a site which is not defined as "lot coverage". F. Tree Canopy. Tree canopy is measured by computing the area that the mature canopy will encompass, based on the Tree List contained in the Site Design Criteria Manual. The mature canopies shall be estimated for existing trees on site. Any tree not on the Tree List shall be estimated by use of standard landscaping references. G. Artificial Lot Line. An artificial lot is intended to provide administrative relief for large sites that will achieve planting areas that exceed substantially more than 20% of gross platted lot area after development is completed. The use of artificial lots are limited by the following: 1. If the platted property is over two acres in size, the applicant may request permission to create an "artificial lot" to satisfy the requirements of this Subchapter. 2. The Director of Planning and Development shall approve the creation of an artificial lot only if the spirit and intent of this chapter will not be violated. If approved by the Director, artificial lot lines shall be indicated on the proposed Landscape Plan and shall contain, at minimum, the total amount of impervious surface coverage, plus 20% of the area inside the artificial lot reserved for required planting area. 3. The area within the artificial lot lines shall provide trees and landscaping in compliance with the requirements of this section, and may not extend beyond the property boundaries of a single platted lot, 4. The area outside the artificial lot shall be maintained as planting area with live vegetation determined by the applicant. No trees located outside the artificial lot lines may be used for tree credits. 5. The artificial lot lines shall include areas that are adjacent to a public right-of-way or are necessary to accomplish buffering of adjacent properties. [in Landscape and Tree Canopy Requirements Percent Districts Land- scape area Percent Tree Canopy Cover qN, 171,140 ! W11, I Env 11 - --- RD-5 Rural Residential 75% 25% RC Rural Commercial 650/. 350% NR-1 Neighborhood Residential 1 70% 50% NR-2 Neighborhood Residential 2 70% 50% NR-3 Neighborhood Residential 3 55% 50% NR-4 Neighborhood Residential 4 40% 50% —iqR--6 Neighborhood Residential 6 40% 50% NRMU-12 Neighborhood Residential Mixed Use 12 _-/. 45% NRMU Neighborhood Residential Mixed Use 20% 40% DR-1 Downtown Residential 40% 4.9% DR-2 Downtown Residential 25% 25% DC-N Downtown Commercial Neighborhood 20% 25% DC-G Downtown Commercial General 15% 20% W, p CM-G Community Mixed Use General 20% 30% CM-E Community Mixed Use employment 15% 30% VOL RCR-1 Regional Center Residential 1 45% 45% RCR-2 Regional Center Residential 2 25% 30% RCC-N Regional Center Commercial Neighborhood 15% 30% k—C—C-D Regional Center Commercial Downtown 10% 20% EC-C: Employment Centers Commercial 20% 30% EC-1 Employment Centers Industrial 15% 30% o IC-E Industrial Centers Employment 20% 20% IC-G Industrial Centers General 10% Subchapter 13 Development Code 137 Subchapter 13 ........ ......................... . . ............... ...... ......................................... ............. .............. Development Code 35.13.8 Buffer and Screenin_q Requirements. A. Buffer, A buffer is required based on the following uses being adjacent. All required buffers shall meet the buffer standards detailed in the Site Design Criteria Manual. ref"am c. Manufactured Home Parks adjacent to single-family residential uses or zoning districts. d. A parking lot adjacent to a right-of-way, excluding local streets and alleys in accordance with Section 35.13.10. 2. Design Requirements (for buffers la-c above). Any of the following or combination may be used to create a minimum six foot (6') high screen: a. Fencing i Wood fence constructed with steel posts and a decorative cap with the good side facing the residential use or zoning district. ii A minimum of 10 foot landscaped area with one tree for every 30 linear feet. C. Berms i A maximum of a 1 on 4 side slope facing the residential use or zoning district with a minimum of an 8'wide top. ii The minimum quantity of plant material shall be calculated as follows: (a) 1 large tree per 30 linear foot, plus (b) 2 small trees per 30 linear foot, plus (c) 10 shrubs per 30 linear foot B. Screening. Other screening and buffering shall be provided as follows: 1. Refuse Container Screen. Refuse containers or disposal areas shall be screened from view by placement of a solid wood fence or masonry wall as tall as the refuse containers, but no less than 5 feet in height. All refuse materials shall be contained within the refuse area. 2. Service Corridor Screen. When adjacent to residential uses, commercial and industrial service corridors shall be screened. Siting and design of such service areas shall reduce the adverse effects of noise, odor and visual clutter upon adjacent residential uses. 3. Mechanical Equipment Screen. All mechanical equipment shall be screened from any public right- of-way or adjacent to residential use or zoning district. 4. Outdoor Storage. All outside storage shall comply with the provisions of Section 35.12.7. C. Exceptions to Buffering and Screening Requirements. The buffering and screening requirements may be waived by the Director subject to the following provisions: W .................................................................. . ....... ....................... Subchapter 13................. ..... I ................ Development Code 1. Prescribed fences or walls may be waived if a building, fence, or wall of at least equivalent height, opacity, and maintenance exists immediately abutting and on the opposite side of the lot line. 2. Prescribed buffers may be waived where the design of the site is in conjunction with a master planned development or within a mixed use district. 35.13.9 Fence Requirements. All fences are subject to the following requirements and must meet the standards contained in the Site Design Criteria Manual. A. Height. 1. In any required front yard, provided they do not exceed three and one-half (3 1/2) feet in height. B. Subdivision Perimeter Fences/Walls Standards. 1. Along any right of way, excepting local streets and alleys a. Walls shall be made of any combination of wrought iron, masonry, stone or decorative concrete panels. b. Decorative stone, masonry or stucco pilasters are required at a minimum of 50' on center. c. The use of a cap is strongly encouraged with other design elements to modulate the top of the wall. 2. Along the right-of-way of a Local Street a. Walls shall be made of any combination of wrought iron, and wood. If wood is used it shall be constructed with steel posts and a decorative cap with the good side out. b. Decorative stone, masonry, wood or stucco pilasters are required at a minirmim 50' on center. C. Construction. 1. Perimeter fences located within 50' of a public or private right-of-way, excluding local streets or alleys, shall be constructed of masonry material. 2. The framework for newly constructed fences and walls shall face toward the builder's property, except where fences are jointly constructed. 3. Fences shall not lean at an angle from the vertical plane any greater than five (50/6) percent. 4. The use of barbed wire, razor wire or electrified wire in a fence construction is prohibited, except for permitted agricultural and industrial uses. D. Vision Clearance Area. A vision clearance area shall be provided at intersections which meets the standards contained in the Transportation Criteria Manual. 35.13. 10 Access, Parking and Circulation Requirements. A. External to the Development. 1. Vehicular access. a. Access Management. All development shall provide access that complies with Access Management principals of location, spacing and sharing of curb cuts. All developments shall provide adequate stacking distance for all entrances. b. Connectivity. All non-residential development, excluding industrial, shall provide access to adjoining properties or developments. 139 Subchapter 13 ....................................... Development Code 2. Pedestrian access. All developments shall provide pedestrian access by linking to any adjacent sidewalk(s), multi -use path(s), or public transportation stop. 3. Transit Amenities. Transit amenities, bus shelters, and pullouts shall be provided as required under Subchapter 22. B. Internal to the Development. 1. Vehicular circulation. b. Cross Access. Prior to division of property, circulation and access standards shall be applied and, if necessary, cross easements shall be required so that access to all properties created by the subdivision can be made from shared curb cuts. C. Parking lots with 100 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings. d. Permeable paving is required for those parking spaces that exceed the number of parking spaces required. a. Parking lots with 100 spaces or more shall provide adequate pedestrian circulation within the site. Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building(s). b. A raised walkway, of a minimum unobstructive width of 5', shall be installed through parking areas for Large Scale Developments. C. Par ldng Lot Landscaping and Screening Standards. All parking lots, which for purposes of this section, include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows: 1. Landscape Standards. a. A minimum of 7% of the total parking area shall be landscaped. b. A minimum of 15% of the required parking shall be covered by tree canopy. c. The tree species shall be an appropriate shade tree and shall be selected from the Tree List. d. The landscaped and end cap areas shall be planted with trees, shrubs or groundcover. Landscaped areas should be evenly distributed throughout the parking area and parking perimeter. 2. Screening at Right of Way. Any combination of the following may be used. These requirements are in addition to the street tree requirements: a. A 3 foot high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. 1!�! MEEM I M��N, 35.13. 11 Drive -through Use Requirements. .............. Any establishment in a pedestrian district which has a drive -through use is subject to the following conditions: A. Drive -through uses shall provide sufficient stacking area to ensure that public right-of-ways are not obstructed. 140 Subchapter 13 ............. I ...... - ............................................................ ...... ....... . ...... ......... Development Code B. Drive -through uses must be built as an integral architectural element of the primary structure and use. The materials are the same as those used in the primary structure. Drive -through structures and facilities separate from the primary structure are prohibited. C. Drive -through uses must be located to the rear or side of the structure, and buffered on the rear and side lot lines as required in section 35.13.10. 35.13.12 Light and Glare Performance Requirements. All lighting within developments other than single family, shall meet the following standards: A. Light may not measure more than one half -foot candle of illumination at the property line. B. Lights shall have shields installed to prevent the upward diffusion of light. C. Areas designated for pedestrian use shall provide a minimum of one -foot candle of illumination. 35.13.13 Site Development Requirements. ................................... .......................... .. ................ .. ... .......... ........... ............ 35.13.13.1 Residential Buildings Any residential building that is built on a lot of less than 10,000 square feet or contains two or more dwelling units shall comply with the following standards: A. Buildings shall utilize at least three of the following design features to provide visual relief along the front of the residence: 1. Dormers. 2. Gables. 3. Recessed entries, a minimum of three feet (3') deep. 4. Covered front porches. 5. Cupolas. 6. Architectural Pillars or Posts. 7. Bay window, a minimum 24" projection. B. The garage door shall not occupy more than 40% of the total building frontage. This measurement does not apply to garages facing an alley or courtyard entrance. Any garage may not extend beyond the house front. Front facing garages that are at least 30 feet behind the house front may exceed the 40% frontage minimum. Homes that can not be of the same elevation .......... ............... I I D f B I C I D i E Ekn SfrW 77 J I H I IF G A J A, 3, C... unique elevations , I % I I —separate lots being reviewed 141 D. Duplex buildings shall be designed to appear as a single unit. E. All walls, except gabled roof areas, which face a street other than an alley must contain at least 25% of the wall space in windows or doors. F. Primary entrances shall face the public street and sidewalk. G. Windows shall be provided with trim of shall be recessed. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. H. Exterior finishes shall be of wood, masonry, stone, stucco, HDO board or other high quality material customarily used for the building style. I. At least 50% of the front yard frontage shall have buildings within the maximum front yard setback. J. Five percent of the land area that is non -constrained open space will be designed into a green, plaza, or a combination of planned open space oriented to the neighborhood. 35.13.13.2 Multiple it Residential Buildings. Any residential buildings designed for multiple units, either for rental or condominitun ownership and their lots shall comply with the following standards: q. At least 50% of the front yard frontage shall have buildings within 30 feet of the front property line. b. Buildings that are located within 30 feet of property line adjacent to a front yard shall have at least 25% of the wall facing the street in window of: door areas. c. Parking areas shall not be located between buildings and the street. Parking lots may be located on the sides and behind the buildings. 2. A project greater than 3 acres must contain a public or private street system that creates blocks of three acres or less. Private Streets shall be required to include sidewalks of at least 5 feet, and include street trees according to the standards of this section, but public street setbacks shall not apply. 3. Special Standards for Large Scale Multi Family Developments (greater than 30 units and/or m-"= than 3 buildings). The same exterior design may not be used for greater than 30 units and/or m than 3 buildings in a project. A variety of compatible exterior materials' use and type, building styl massing, composition, and prominent architectural features, such as door and window openin porches, rooflines, shall be used. OINCM�� 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. 2. Fronts and street sides of buildings visible from the public right of way shall be of wood, masonry, stone, decorative block, stucco, or HDO board or other high quality material customarily used for the building style. 3. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Large expanses of unbroken glass surfaces are discouraged. EH 90�R 1. An area equal to at least 8% of the lot area, excepting required setbacks, shall be dedicated to open space for recreation for use by the tenants of the development. Mixed -use developments of greater than 35 units per acre shall be exempt from this requirement. 2. Areas covered by shrubs, bark mulch and other ground covers which do not provide a suitable surface for human use may not be counted toward this requirement. 3. Private decks, patios, and similar areas are eligible for up to 5 percent of the 8 percent required open space. 4. Play areas for children should be provided for projects of greater than 50 units that are not designed as age limited or student housing. 35.13.13.3 Multi Family Developments in a Pedestrian District. Multi -Family developments within Pedestrian Areas shall, in addition to complying to the basic Site Design Standards for Multi -Family buildings, conform to the following standards: 1. At least 75% of the front yard frontage shall have buildings within the maximum setback. 2. Buildings that are located within 30 feet of property line adjacent to a front yard shall have at least 40% of the ground story wall facing the street in window or door areas. 3. Parking areas shall not be located between buildings and the street. 4. Buildings shall be directly accessed from the street and the sidewalk. 5. A minimum of one ground floor pedestrian entrance must be oriented toward the street and include a porch. 6. Garages may occupy no more than 40% of the total building frontage. This measurement does not apply to garages facing an alley or courtyard entrance. Any garage may not extend beyond the building front. Garages that are at least 30 feet behind the house front may exceed the 40% frontage minimum. 7. Building frontages greater than 100 feet in length shall have recesses, projections, windows, arcades or other distinctive features to interrupt the length of the building facade. S. Architectural Features. Fronts and street sides of buildings visible from the public right of way shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15% of the exterior wall area. 9. Height and Bulk. Adjacent buildings shall have different elevations. 10. The top floor of any building rising over four stories must contain a distinctive finish, consisting of a cornice, banding or other architectural termination. i I ; '' 0 1 a Non-residential buildings or mixed -use buildings and their lots (Those that combine non-residential and residential uses) not in a pedestrian oriented district and their lots shall comply with the following standards. These standards do not apply to uses in the industrial uses where the building or structure is located: 1. Adjacent to a local or collector street. 2. Adjacent to a Secondary Arterial, the building may have a maximum fifty percent (509/6) metal facade. 3. In excess of 250 feet of the ultimate right-of-way of an arterial or interstate roadway. Ul Subchapter 13 ........ - .............. ......... ........... ... ............ ........................ Development Code 4. Behind another building or structure that screens the building or structure from the adjacent arterial or interstate roadway. �v - �46 R 1. Building front -ages greater than 100 feet in length shall have offsets, jogs, or other distinctive changes in the building facade. 2. Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings as a design element of the facade. The planting of trees may be used in place of these architectural features. 3. The primary entrance of a building or store shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design. 4. Buildings shall have their primary orientation toward the street rather than the parking area. 5. Buildings that are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. 6. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street. 7. Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. 8. Parking areas shall be located behind buildings or on one or both sides, except along the interstate where a minimum fifteen foot (15') additional landscape area win be required along parking areas in front of building. 9. These requirements may be waived by the Director if the building is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices, automotive service uses such as gasoline sales and automobile sales or the development is on an infill site. 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. 2. Fronts and street sides of buildings visible from the public right of way shall be non -reflective and shall be of wood, masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. 3. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Buildings may not incorporate glass for more than 70% of the building skin. a . 0 35.13.13.5 Nonresidential and Mixed Use Buildings in a Pedestrian Oriented District. Design standards non-residential buildings or mixed -use buildings (Those that combine non_residential a I., residential uses) in a pedestrian oriented district and their lots. I 1. Buildings shall have their primary orientation toward the street rather than the parking area. The primary entrance must be readily apparent as a prominent architectural component and visible from the street. 2. Any ground floor wall which is within 30 feet of the main street, plaza or other public open space shall contain at least 50% of the wall area facing the street in display areas, windows, of: doorways. Windows must allow views into working areas or lobbies, pedestrian entrances or display areas. Walls facing side streets must contain at least 25% of the wall space in windows, display areas, or Subchapter 13 .........., ..................................................... ....... .. ...... ................ .............. Development Code doors. Blank walls within 30 feet of the street are prohibited. Up to 40% of the length of the building perimeter can be exempted from this standard if oriented toward loading or service area 3. At least 60% of the street frontage shall have buildings within 10 feet of the front property line. 4. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street, or and are not permitted between the building and the street. 5. Buildings that are open to the public and are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functional, be a distinctive and prominent element of the architectural design, and shall be open to the public during all business hours. 6. Developments shall have a minimum Floor Area Ratio of 0.4. Plazas and pedestrian areas shall count as floor area for the purpose of meeting the minimum floor area ratio. 7. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. 8. The top floor of any building rising over four stories will be contain a distinctive finish, consisting of a cornice or other architectural termination. 9. Building Scale. Balconies may project over the public right of way, subject to an encroachment agreement issued by the City. 10. Parking areas shall be located behind buildings or on one or both sides. B. Building Materials. 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. 2. Fronts and street sides of buildings visible from the public right of way shall be non -reflective and shall be of wood, masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. 3. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Buildings may not incorporate glass for more than 70% of the building skin. 4. Metal Roofs. Metal roofs are permitted provided that they are of architectural quality. 5. Buildings shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15% of the exterior wall area. C. Streetscape. 1. Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be pavers, scored and colored concrete, grasscrete, or combinations of the above. 2. A building shall be setback not more than 15 feet from the right-of-way unless the area is used for pedestrian activities such as plazas or outside eating areas. 3. Outdoor storage areas shall be screened from view from adjacent public rights -of -way. Loading facilities shall be screened and buffered when adjacent to residentially zoned land and public streets. Developments involving a gross floor area in excess of 40,000 square feet and located in a Neighborhood, Community or Regional Mixed Use Center Districts, or in the Downtown University Core District shall, comply with the basic Site Design Standards and conform to the following standards: Standards and Guidelines: Standards and guidelines set out below require a basic level of architectural variety, compatible scale, and mitigation of negative impacts. "Guidelines" are not mandatory, but are provided in 145 Subchapter13 . ....I........... .......... .......... ............. .....,... ..........., .«...,... ,.. Development Code ordex to educate planners, design consultants, developers and City staff about design objectives. "Standards" are mandatory. A. Orientation. 1. Architectural features: a. Guidelines: Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail building and provide visual interest. b. Standards: Architectural features on building facades that are visible from adjoining properties and/or public street (excluding facades residential property that are screen by an eight -foot masonry wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes) shall address the visual impact of long uninterrupted walls by providing a minimum of three of the following elements. No uninterrupted length of any facade shall exceed 100 feet. See illustrations of architectural features in the Site Design Criteria Manual. i Variation in color and materials; ii Wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20 % of the length of the facade, not to exceed 100 feet; iii Variation of a minimum of two feet in the height of parapets. Variation to parapet height may include pilasters and projected raised entrance features; iv Pilasters projecting from the plane of the wall by a minimum of 16 inches. The use of pilasters to interrupt horizontal patterns such as accent banding is encourages; v Canopies projecting a minimum of 10 feet from the plane of the primary facade walls; and vi Repetitive ornamentation including decorative applied features such as wall -mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of 50 feet. 2. Sidewalk display and cart storage. "Sidewalk" display is a term commonly used in the retail industry to describe display areas along the front of a building. Nothing herein permits storage, display or sale of any item on property that has been dedicated for public use. Sidewalk display and cart storage in the sidewalk display area are prohibited: a. Areas for customer loading of merchandise shall be clearly delineated and shall not be located in front of any customer entrances or exit door(s) or within 15 feet on either side of the door(s). b. Thus section does not prohibit storage of carts in the parking lot, but merely regulates storage of carts in the sidewalk display area. 3. Permanent outdoor display, sales and storage. Merchandise may be stored or displayed for sale to customers on the front or side of the building in accordance with this paragraph. a. The total square footage of all permanent outdoor storage, display and sales areas shall be limited to 10% of the footprint of the building, but in no event shall exceed 15,000 square feet. b. Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within 100 feet of residential property. c. The permanent storage, display and sales area shall be enclosed by a minimum eight -foot wall of like appearance to the building topped by wrought iron or tubular steel fencing. No merchandise other than trees shall be visible above the wall or fence. 4. Seasonal outdoor display and sales. Christmas trees may be displayed for sale from November 15 to December 31. In addition, bedding plants, trees, shrubs, potting soil and bagged yard products including without limitation bark, mulch, peat moss and play sand may be displayed from March 15 to June 15. Fertilizer or other chemical products shall not be stored or displayed outdoors. The 146 Subehapter 13 .......................... ......... ................... ......... Development Code seasonal outdoor sales area shall be limited to 5% of the footprint of the building but in no event shall exceed 6,000 square feet. No merchandise may exceed five feet in height, except Christmas trees. 5. Rear storage. Bulk merchandise may be stored behind the building, The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight -foot masonry wall and landscaped bufferyard. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be accessible to customers. Merchandise shall be stacked no higher than 25-feet or level with the top of the adjacent side wall of the building, whichever is lower, and may not be stacked above the height of the chain link fence. 6. Wall and landscaped bufferyard. An eight -foot masonry wall of brick, stone, split block or concrete cast to simulated such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, easements and drainage channels, If the large retail store property and residential property are separated by intervening property under separate ownership that is less than 20 feet wide, a wall shall be constructed along the property line of the large retail store facing the residential property, 7. Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within 100 feet of residential property. Loading docks must be located to the side or rear of the building unless the loading area is completely screened from the street, and loading docks shall be located more than 100 feet from residential property. 8. Trash Collection and Compaction. Trash collection and compaction may not occur wi100 feet of residential property and shall be screened from public view. 9. Mechanical equipment. No mechanical equipment may be located within 100 feet of residential property. Mechanical equipment shall be screened from public view. B. Buildings Materials. 1. Guidelines: Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the surrounding area. "Mm 3. Materials. Fronts and street sides of buildings visible from the public right of way shall be non - reflective and shall be of wood, masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. C. Streetscape. 1. Public Spaces. a. One square foot of plaza or public space shall be required for every 10 square feet of gross ground floor area. b. Plazas or public spaces shall incorporate at least 3 of the 5 following elements: i Sitting space — at least one sitting space for each 250 square feet shall be included in the plaza. Seating shall be a minimum of 16 inches in height and 30 inches in width. Ledge benches shall have a minimum depth of 30 inches. ii A mixture of areas that provide shade. iii Trees in proportion to the space at a minimum of I tree per 800 square feet. iv Water features or public art. v Outdoor eating areas or food vendors. IN Subchapter 14 Development Code Subchapter 14 — Parking Standards Sections: 35.14.1 Purpose. 35.14.2 Generally. 35.14.3 Application. 35.13.4 Spaces Required. 35.14,5 Credit for On -Street Parking. 35.14.6 Parking Accessibility Standards. 35.147 Limitation, Location, Use of Facilities. 35.14.8 Design Requirements. 35.14.9 Development and Maintenance. 35.14.10 Bicycle Parking. 35.14.1 Purpose. In all zoning districts, except those specifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this Subchapter. The requirements of this Subchapter are adopted for the purpose of ensuring that all developments provide adequate and reasonable parking which is reasonably necessary and adequate to serve the development or use. 35.14.2 Generally. na zomng o1strIcts, except ttiose speciticaxy exempteci, wnenever any =ng is erecreT, TYrfargM,." . is changed, off-street parking shall be provided as set forth in this Subchapter. These standards and requirements shall be liberally interpreted and applied so as to achieve the purpose and intent of the standard or requirement. Where literal application • a requirement in a particular case would clearly not achieve the purpose and intent of the requirement, the applicant may seek a variance from the Board of Adjustment using the Board of Adjustment Procedure. 35.14.3 Application. A. No person shall construct, reconstruct, replace, relocate, alter, enlarge, improve, or perform any work on or make use of any parking lot or driveway on any property within the City for which a permit is required under this section, except in accordance with the requirements of this Subchapter and the Expansion Applicability Table found in Subchapter 13. B. Development of property within the Central Business is exempt from the requirement to provide any additional parking spaces. C. The expansion of an existing parking lot is subject to the provisions of this Subchaptcr based on the Expansion Applicability Table. D. All parking and vehicle storage areas, shall meet the applicable buffering and screening requirements of this Chapter. 35.14.4 Spaces Required. I A. Residential Uses. 1. Single family dwellings. Two (2) spaces per dwelling unit; the spaces can not be tandem parking spaces. Im Subchapter 14 ...................................... ........... . ....... ....... Development Code 2. Mixed density dwellings or manufactured housing. a. Studio units or 1-bedroom units less than 500 sq. ft. 1.00 space/unit. b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. C. 2-bedroom units 1.75 spaces/unit. d. 3-bedroom 2.00 spaces/unit. e. 4 bedroom and more 1.00 space/bedroom. f. Retirement complexes for seniors 55-years or greater 1.00 space/unit. 3. Clubs, fraternity and sorority houses, rooming and boarding houses, dormitories. Two (2) spaces for each three (3) guest rooms; in dormitories, one hundred (100) square feet shall be equivalent to a guest room. 4. Hotels and motels. One (1) space for each guest room, plus one (1) space for the owner of manager. Any convention facilities, restaurants, and other facilities shall be computed for their individual parking demand, subject to the reduction for mixed uses contained in this Chapter. 5. Manufactured housing developments. Additional parking requirements are as established in Chapter 35.9. 6. Residential Subdivisions. Parking requirements are as established in Subchapter 13. 1. Auto, boat or trailer sales, retail nurseries and other open -space uses. One (1) space per one thousand (1,000) square feet of the first ten thousand (10,000) square feet of gross land area; plus one (1) space per five thousand (5,000) square feet for the excess over ten thousand (10,000) square feet of gross land area; and one (1) per two (2) employees. 2. Bowling Alleys. Three (3) spaces per alley, plus additional spaces for auxiliary activities set forth in this section. 3. Business, general retail, person services. General - one (1) space for three hundred (300) square feet of gross floor area. Furniture and appliances - one (1) space per seven hundred fifty (750) square feet of gross floor area. 4. Chapels and mortuaries. One (1) space per four (4) fixed seats in the main chapel. 5. Offices. Xledical and dental - one (1) space per three hundred fifty (350) square feet of gross floor area. General - one (1) space per four hundred fifty (450) square feet of gross floor area. 6. Restaurants, bars, ice cream parlors and similar uses. One (1) space per four (4) seats or one (1) space per 100 sq. ft. of gross leasable floor area, whichever is less. A minimum of three (3) spaces is required. 7. Skating rinks. One (1) space per three -hundred fifty (350) sq. ft. of gross building area. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per four (4) seats. C. Industrial Uses. 1. Industrial uses, except warehousing. One (1) space per seven hundred (700) square feet of gross floor area or for each two (2) employees on the largest shift, whichever is less. 2. Warehousing. One (1) space per one thousand (1,000) square feet of gross floor area or for each two (2) employees, whichever is less. IM Subchapter 14 ............................... ...... ..................... ............................................. Development Code 3. Public utilities (gas, water, telephone, etc.), not including business offices. One (1) space per two (2) employees on the largest shift; a minimum of two (2) spaces is required. 1, Day care facilities having 13 or more children/ adults. One (1) space per two (2) employees; a minimum of two (2) spaces is required. 2. Churches. One (1) space per four (4) seats. 3. Golf courses, except miniature. Eight (8) spaces per hole, plus additional spaces for auxiliary uses set forth in this section. Miniature golf courses - four (4) spaces per hole. 4. Hospitals. Two (2) spaces per patient bed. 5. Nursing and convalescent homes. One (1) space per three (3) patient beds. 6. Rest homes, homes for the aged, or assisted living. One (1) space per two (2) patient beds or one (1) space per apartment unit. 7. Schools, elementary and junior high. One and one-half (1 1/2) spaces per classroom, or the requirements for public assembly areas as set forth herein, whichever is greater. 8. High schools. One and one-half (1 1/2) spaces per classroom, plus one (1) space per ten (10) students the school is designed to accommodate, or the requirements for public assembly as set forth herein, whichever is greater. 9. Colleges, universities and trade schools. One and one-half (1 1/2) spaces per classroom, plus one (1) space per five (5) students the school is designed to accommodate, plus requirements for on - campus student housing. MIKUMMIBM-. i� Where parking requirements for any use arc not specifically defined in this section, such requirements shall be determined by the Director of Planning and Development based upon the most comparable use specified herein, and other available data. F. Maximum Allowable Number of Spaces. number of spaces provided by this Subchapter unless approved by the Director of Planning a Development. Any spaces over the required number of spaces shall be constructed with pervic, surfaces. Spaces provided on -street, or within the building footprint of structures, such as in rooft parking, or under -structure parking, or in multi -level parking above or below surface lots, shall not ap towards the maximum number of allowable spaces. 35.14.5 Credit for On -street Parking. .................................... ................................................... A. The amount of off-street parking required shall be reduced by the following credit provided for on-stree's parking: one off-street parking space credit for every two on -street spaces up to four credits, thereafter one space credit for each on -street parking space. B. On -street parking shall follow the established configuration of existing on -street parking, except that 45 degree diagonal parking may be allowed with the approval of the Director of Engineering, taking into account traffic flows and street design, vAth the parking spaces designed in accord with Transportation Criteria Manual, The following shall constitute an on -street parking space: 1. Parallel parking, each 24 feet of uninterrupted curb. 2. 45 degree diagonal, each 17 feet of uninterrupted curb. C. Curb space must be contiguous to the lot which contains the use which requires the parking. 151 Subchapter 14 ........................... Development Code D. Parking spaces may not be counted that are within 25 feet measured along the curb of any corner of intersection of an alley or street, not within 10 feet of an intersection of a street and driveway, as measured from the bottom of the apron wing, nor any other parking configuration that violates any law of standard of City or the State of Texas. E. Parking spaces located on arterials and collectors may not be credited for on -street parking, unless part of an adopted corridor plan for that street unless additional right-of-way is dedicated for that purpose by the development and it is designed pursuant to the Transportation Criteria Manual. F. On -street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on -street spaces shall be permitted. All areas of newly designed or newly constructed buildings and facilities required to be accessible under federal and state law shall comply with the standards set forth in the Texas Accessibility Standards of the Architectural Barriers Act, Tex. Rev. Civ. Stat. Art. Ann. 59102 (Vernon Supp 2000.) 35.14.7 Limitations, Location, Use of Facilities. C IFLI-IUIIlg IIULL6_C1r, HIC U111c, ILVA11% U bILLUIVaX, 1011 IWLII peuestrian path separated from street traffic. The right to use the off -site parking must be evidenced by a deed, lease, easement, or similar written instrument establishing such use, for the duration of the use. Except for single and two-family dwellings, required parking shall not be located in a required front and side yard setback area abutting a public street, except alleys. M" II W M_ tic=�,77.,Tng 77771 se me sulir-ITY Me 771 FITEMMIL6 I! 1 11 61 1 1W 1 be shown that the peak parking demands are offset, for example with retail and residential, or theater a I office uses. In such case the Director may reduce the total requirements accordingly, but not Jbymo than twenty-five (25%) percent. INUMSECOMH= Required parking facilities of two (2) or more uses, structures, of parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap and provided that such right of Joint use is evidenced bv a deed, lease, contract, or similar written instrument establishing the joint use. Required parking shall be available for parking of operable passenger vehicles of residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials. The distribution of parking spaces for any and all individual uses will be required to be arranged on site to ensure optimal access and use by the patrons of such use. 152 Subchapter 14 .......................................... ...... .............................. ........................ '_ .............. .................... Development Code Compact parking spaces may only be used in parking structures. Up to twenty (20%) percent of the to parking spaces in a parking garage may be designated for compact cars. Minimum dimensions ' I f compact spaces shall be eight by sixteen (8 x 16) feet. Such spaces shall be signed or the space paint with the words "Compact Car Only." The parking of vehicles or equipment on a lot shall be in accordance with the buffering standards of 35.13.8 and shall be constructed with pervious surfaces. 35.14.8 Design Requirements. ................... . . ... ... ... .. A. Size and Access. All required parking areas shall be designed in accordance with the parking layout chart contained in tlM Transportation Criteria Manual. All parking spaces shall be a minimum of nine by eighteen (9 x 18) fco and shall have a twenty-four (24) foot back-up space except where parking is angled. I Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: 1. A driveway for a single dwelling shall have a minimum width of nine (9) feet, and a shared driveway serving two (2) units shall have a width of twelve (12) feet. 2. Except for a single or two-family dwelling, groups of more than five (5) parking spaces per lot shall be provided with adequate aisles or turn -around areas so that all vehicles may enter the street in a forward manner. 3. Except for a single one or two-family dwelling, more than five (5) parking spaces shall be served by a driveway design and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. In no case shall two-way and one-way driveways be less than twenty (20) feet and twelve (12) feet respectively. No signs, structures or vegetation in excess of two and one-half (2 1/2) feet in height shall be placed in the vision clearance area. The vision clearance area is the triangle formed by a line connecting points twenty- five (25) feet from the intersection of property lines. In the case of an intersection involving an alley and a street, the triangle is formed by a tine connecting points ten (10) feet along the alley and twenty-five (25) feet along the street. When the angle of intersection between the street and the alley is less than thirty (30) degrees, the distance shall be twenty-five (25) feet. No signs, structures of vegetation of portion shall be erected within ten (10) feet of driveways unless the same is less than two and one-half (2 1/2) feet in height. No variance shall be granted for vision clearance standards. 35.14.9 Development and Maintenance. The development and maintenance as provided below shall apply in all cases, except single and two-family dwellings. All parking shall meet the minimum requirements of Subchapter 13. 1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with concrete, asphalt or comparable surfacing, constructed to standards on file in the office of the Director of Engineering. Parking lots in residential zones that contain less than 10 spaces may be surfaced with a permeable material, such as crushed rock, to the standards on file in the office of the Director of Engineering. Subchapter 14 .................................. --- ......... --- ....... ............................................................. Development Code 2. Drainage. All required parking areas, aisles and turnarounds shall have provisions made for the on - site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights - of -way, and abutting private property. 3. Driveway approaches. Approaches shall be paved with concrete surfacing constructed to standards on fide in the office of the Director of Engineering. 4. Marking. Parking lots of more than 5 spaces shall have all spaces permanently and clearly marked. 5. Wheel stops. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, sidewalks and no vehicle shall overhang a public right-of-way. 6. Maintenance. Parking facilities shall be continually maintained in compliance with the Site Plan and shall be free of litter and debris. 35.14.10 Bicycle Parking. The use of bicycles as an alternative transportation method should be encouraged by the provision of bicycle parking spaces. The following standards are intended to serve as guidelines and are not a requirement for the approval of any development application. A. Quantity of parking Spaces. 1. All commercial uses should provide a minimum of two bike parking spaces. 2. In addition, all uses which require off street parking should provide one bicycle parking space for every 20 required auto parking spaces. B. Bicycle Parking Design Standards. 1. Bicycle parking should be visible and convenient to cyclists and that provide sufficient security from theft and damage. Im Subchapter 15 ................................... ............,, ..................................... ...................... ,,,,..,1 ... ....... ........ .. Development Code Subchapter 15 — reserved for Signs. 155 Subchapter 16 ......... I ............... Development Code Subchapter 16 — Subdivisions. Sections: 35.16.1 Authority 35,16.2 Purpose. 35.16.3 jurisdiction. 35.16.4 Application. 35.16.5 Compliance and Enforcement. 35.16.6 Approval of Plat Required. 35.16.7 Lots, Access and Common Areas. 35.16.8 Application and Fees. 35.16.9 Predesign Conference. 35,16.10 General Development Plan. 35.16.11 Preliminary Plats. 35.16.12 Final Plats. 35.16.13 eplat. 35.16.14 Amending Plat. 35.16.15 Minor Plat. 35.16.16 Vacating Plat. 35.16.17 Conveyance Plat. 35.17.18 Development Plats. 35,17.19 Gas Well Development Plats. 35.16.20 Construction. 35.16.1 Authority. This Subchapter is adopted under the authority of the constitution and laws of the State of Texas, including Chapters 42, 43 and 212 of the Local Government Code, as amended. 35.16.2. Purpose. ..................................... �.. - -1 1- ........................................................ This Subchapter is adopted for the following purposes: A. To protect and promote the public health, safety, and general welfare of the community. B. To guide and plan for the future growth and development of the City by providing for the orderly development of land and for the extension of streets, utilities, and other public improvements and facilities in accordance with The Denton Plan and the Denton Development Code. C. To insure that all developments provide for the streets, sidewaIs, drainage facilities, water and sewer facilities and other public and private improvements and facilities which are adequate and necessary to serve the development. 35.16.3 Jurisdiction. This Subchapter shall apply to all land and all developments within the territorial jurisdiction of the City of Denton, except as otherwise specifically provided for in this Subchapter. The territorial jurisdiction of the City shall be defined as follows: A. The area within the corporate Emits of the City; B. The area within the extraterritorial jurisdiction of the City; and C. Any other area to which the provisions of this Subchapter are made applicable in accordance with and as permitted by federal, state or local law. 157 Subchapter 16 "..1---1 ..... 11 ............................ ................ ........... ......... ................. Development Code 35.16.4 Application. I ................ - A. Land Included. 041M MM�11 1 0 WIN UU M4 I M 0) 1 MIMA I= KIM MM I V-01KNIA Uff, 4=41 L� %I* a *I FOUR I a I It 11 W4 I MOM I aN a I I 1. Any tract of land which has not been recorded by plat in the plat records of Denton County, Texas, and which is intended to be sold, leased, or otherwise subdivided from another tract of land or which is intended or proposed to be used for the purpose of development. 2. Any tract of land which has been recorded as a lot or block by plat in the plat records of Denton County, Texas, prior to and upon which no development has been constructed or placed prior to the effective date of this Subchapter. 4. The removal of one (1) or more lot lines of any platted lot so as to permit the combining of two (2) or more contiguous platted lots into one (1) or more new lots. I-.M MWMTH.T.V.-111 az+ Any general development plan, preliminary plats, final plats, replats, amending plats, conveyance plats development plats that are dormant according to the provisions of Tex.Loc.Gov't. Code Ann. Secti 245.005 (�7ernon 1999, as amended) shall expire on Nlay 11, 204. 1 0 The flood plain provisions of Subchapter 17 shall apply to any land within the extraterritorial jurisdiction of the City. 1. The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map on file in the Planning and Development Department. a. All of the provisions of this Subchapter governing subdivision and development standard for subdivisions within the city shall apply to all subdivisions and developments within Division 1. b. The subdivision and development standards of the Count), of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivisions and developments must comply only with development or plat requirements of Denton County and state law. 2. The Planning and Development Department is directed to consider amendments to the re ato line map whenever the certificate of public convenience and necessity for water and wa,rtwa services is amended by that state or when directed by the City Council. Any amendments shall not effective until the revised regulatory line map is approved by the City Council. I 35.16.5 Compliance and Enforcement A. It shall be unlawful for any person to begin, continue, or complete any development on any land within the territorial jurisdiction of the City to which the provisions of this Subchapter applies, except in accordance with and upon compliance with the provisions of this Subchapter. B. The City shall not issue a building permit or certificate of occupancy required by any Subchapter of the City for any land located within the corporate limits to which this Subchapter applies, until and unless there is compliance with this Subchapter. W. Subchapter 16 ......................................................... .............................. ....................................... ......... -- ... Development Code C. The City may refuse to authorize or make utility connections on the grounds set forth in Tex. Loc. Gov't. Code Ann. section 212.012 (Vernon 1988 & Supp. 1994), as amended. D. No improvements shall be initiated until the approval of the City has been given. Disapproval of a final plat by the City shall be deemed a refusal by the City to accept offered dedications shown thereon. Approval of a final plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have both given their written acceptance of the improvements and have actuafly appropriated the same by entry, use, or improvements. 35.16.6 Approval of Plat Required A. Prior to the subdivision, resubdivision, or development of any land within the City, or its extraterritorial jurisdiction, all plans, plats, and construction plans for public improvements shall first be approved in accordance with these regulations except as follows: 1. The division of land into two (2) or more parts, other than for purposes of development, if the smallest resulting parcels, tract or site is forty (40) acres or larger in size. 2. Development on a single tract which was subdivided prior to January 1, 1960, and for which extension of streets or public improvements (excluding sidewalks) are not required to support the proposed development. 3. Construction of additions or alterations to an existing building where no drainage, street, utility extension of: improvement, additional parking or street access changes required to meet the standards of this Subchapter are necessary to support such building addition or alterations. 4. Dedication of casement or right-of-way by separate document recordable in the County records if approved by City. 5. Cemeteries complying with all state and local laws and regulations. 6. Divisions of land created by order of a court of competent jurisdiction. 7. A change in ownership of a property through inheritance or the probate of an estate. B. No land may be subdivided or platted through the use of any legal description other than with reference to a plat approved by the Planning and Zoning Commission or the Development Review Committee Chairman in accordance with these regulations. C. Excepting agricultural leases, no land described in this section shall be platted or sold, leased, transferred or developed until the property owner has obtained approval of the applicable general development plan, preliminary plat, final plat, development plat, or conveyance plat from the Planning and Zoning Commission or the Development Review Committee Chairman as required by these regulations. D. No building permit or certificate of occupancy shall be issued for any parcel or tract of land until such property has received final plat or development plat approval and is in conformity with the provisions of these subdivision regulations, the plat has been recorded, public improvements have been accepted (if applicable), and no private improvements shall take place or be commenced except in conformity with these regulations. E. No person shall transfer, lease, sell or receive any part of a parcel before a conveyance plat or final plat of such parcel and the remaining parcel has been approved by the Planning and Zoning Commission or the Development Review Committee Chairman in accordance with the provisions of these regulations and filed with the county clerk. F. The platting or subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited. 159 Subchapter 16 ..................................................... .__ ...... Development Code 35.16.7 Lots, Access and Common Areas. A. Lot size. The size, width and depth of subdivision lots shall conform to the zoning requirements for the area. B. Access to street. Each lot shall be provided with adequate access to an existing or proposed public street. Development adjacent to existing public streets shall include the required improvements in accordance with the city's perimeter street policy. Each residential lot shall have a minimum of fifteen (15) feet of frontage along an existing or proposed public street and each non-residential lot shall have a minimum thirty (30) feet of frontage along an existing or proposed public street except as follows 1. Single Family Residential Private Drive. Up to three (3) single family residential dwelling units may access a public road by means of a flag drive within a private access easement as provided in the Transportation Criteria Manual. Each residential lot shall have a minimum of fifteen (15) feet of frontage on the private access easement. 2. Non -Single Family Residential Private Drive. Non -Single family residential lots within a subdivision or addition that is surrounded by developed property making it unfeasible to provide street connectivity, do not have to abut a public street if such lots have access to a public street by a public access and fire lane easement approved by the City. The easement must be at least 24 feet wide and constructed, marked and maintained to meet the standards for parking lots as contained in the Transportation Criteria Manual and for fire lanes as contained in the Fire Code. The stacking requirements for public streets shall apply to the public access and fire lane easement at the point where it intersects with a public street. In addition, the public access and fire lane easement shall be considered a driveway or curb cut access to the public street for all such lots. Each non-residential lot shall have a minimum thirty (30) feet of frontage on the public access and fire lane easement. C. Facing. Wherever feasible, each lot should face the front of a similar lot across the street. In general, an arrangement placing facing lots at right angles to teach other should be avoided. D. Common area and facilities. Such area shall be noted on the plat and also have filed with county homeowner's association covenants approved by the city attorney or other arrangements for permanent maintenance of these areas and facilities as may be approved by the Planning and Zoning Commission. 35.16.8 Application and Fees. .................. I I Any person seeking approval of any general development plan, preliminary plat, final plat, replats, amending plats, minor plats, conveyance plat, or development plat for any land required by this Subchapter, shall submit an application accepted for filing by the Director of Planning and Development, along with the applicable fees. No applications for general development plan, preliminary plat, final plat, replats, amending plats, minor plats, conveyance plat or development plat shall be accepted for filing unless the application, supporting documents and fees are submitted in accordance with the Application Criteria Manual. Applicants will be notified of the acceptance or rejection of their application within 10 working days of the submittal. The basis of the rejection will be included in the notification. 35.16.9 Predesign Conference. A. Prior to the filing of an), plan, plat or proposed development, an applicant shall have a pre -design conference with the Development Review Committee, unless waived by the Development Review Committee chairperson. The purpose of the conference is to allow the applicant and Development Review Committee to review and discuss the proposed development, to make a determination of what information and studies may be required to be submitted during the plat procedures, and to receive or exchange any other information or take an), other action necessary to facilitate processing of the plat application. Subchapter 16 ............. I ........................................................... --- ......... — ............. -11.11---- .............................. ... ........................................ Development Code B. Each applicant shall submit such information that may be required by the Development Review Committee and as provided in the Application Criteria Manual. 35.16.10 General Development Plan. .................................. . 111 . .............. I ... ........ I ''I'll", MEL =- The purpose of the general development plan is to provide for review of certain developments f] compliance with The Denton Plan, the Denton Development Code, and Infrastructure Master Plans, t compatibility of land uses, and the coordination of improvements within and among individual parcels land or phases of development, prior to approval of a preliminary plat or conveyance plat. mn[!l. 1. The Development Review Committee shall determine during the predesign conference whether a general development plan or a preliminary plat shall be required in accordance with the purpose stated in this Subchapter. When a development is a portion of a large tract under one (1) ownership, is developed in phases or was not legally subdivided, the developer may be required to submit a general development plan for review and approval by the Planning and Zoning Commission. Generally, a general development plan shall be required for, but is not limited to, any development which: 1. If the property under consideration is undeveloped, is under one ownership and is greater than twenty (20) acres; or 3. Will require off -site road, drainage, or utility connections or improvements which will have a substantial impact or effect on other properties or developments. The general development plan shall contain such information that may be required by the Developmes Review Committee which is reasonably necessary to review and determine whether the propos 'Otext afid reollired fArilities -sieet the reouirements of this Subchanter and the Annlication Critell III Oil 0 1 mnam��, The Planning and Zoning Commission shall approve the general development plan if the plan complies with the following statements: 1. Conforms to infrastructure policies identified in The Denton Plan, and any other City infrastructure master plan and the City's current and future parks and playground facilities.. 2. Conforms to the extension of the City's infrastructure within the municipality and in its extraterritorial jurisdiction, as identified in The Denton Plan, and any other City of Denton infrastructure master plan. 3. Conforms to any rules adopted under Section 212.002 or as set forth in the Application Criteria Manual. MOSEMBELIM= MUMMME= The general development plan shall be submitted, along with the applicable fee, in the number and form specified by the Application Criteria Manual. The plan shall be submitted to and reviewed by the Development Review Committee for its recommendation to the Planning and Zoning Commission. No preliminary plat for any portion of the development shall be approved until and unless the required general development plan has been approved by the Planning and Zoning Commission. F. Expiration of General Development Plans. V Urell a preliminary plat is approved for all or part of the general development plan. The approved prelimina a period of twenty-four (24) months. The applicant may submit written requests for extensions of t general development plan, with no single extension exceeding twelve (12) months. The request sh contain documentation showing costs incurred to justify an extension. 35.16.11 Preliminary Plats. . .. . . . . ...................... A. Purpose and applicability. A preliminary plat shall be required for all proposed developments or subdivisions of land, except where otherwise provided for in this Subchapter. The required preliminary plat is intended to provide sufficient information to evaluate and review the general design of the development to insure compliance with The Denton Plan, the Denton Development Code, and the Thoroughfare Plan, and the requirements of this Subchapter. Where a general development plan is required, the preliminary plat shall conform to the approved development plan. The preliminary plat shall contain such information as may be required by the Development Revi required facilities meet the requirements of this Subchapter and as required by the Application Crite Manual. i IIL�r I =� 1. Submittal. The application, copies of the preliminary plat, and all required studies and analyses, along with any applicable fee, shall be submitted in the form and number specified by the department. An application shall not be considered filed until it has been accepted for filing by the Department. Applicants will be notified of the acceptance or rejection of their application within 10 working days of the submittal. Basis of the rejection will be included in the notification. 2. Development Review Committee review. After the Department has accepted the application for filing the Development Review Committee shall review the preliminary plat for compliance with the requirements of this Subchapter. The applicant shall be afforded an opportunity to meet with the Development Review Committee to receive comments and recommendations on the sufficiency of the plat, The applicant may make any recommended or desired changes, corrections, or modifications. The Development Review Committee shall forward the preliminary plat to the Planning and Zoning Commission along with its recommendation. 3. Standards for approval. The Planning and Zoning Commission shall approve the preliminary plat if the plat complies with the following statements: a. Conforms with the general development plan as provided in this Subchapter. b. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks, playgrounds, and public utility facilities. C. Conforms to The Denton Plan for the City's future land uses, extension of the City's roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities. 162 Subchapter 16 Development ",... ...' ...Code d. Complies with all applicable sections of the Criteria Manuals. e. Complies with all applicable laws and Subchapters.. If the preliminary plat does not meet the requirements of fl-lis Subchapter, the Planning and Zoning Commission shall disapprove the plat or approve the plat with conditions to insure compliance with the f iiis Subchaiter. If the Ureliminai r)Iat is disaiiroved, no further action shall be taken on Subchapter. plat MR Decome nul anu voici wunin 1-wenty-rour 1110nuis artex. its appio T-al, uincbb a 1XIal V - -b - tu and approved for all or part of the preliminary plat within that time. The applicant may submit a written request, to the commission, for one six (6) month extension of the preliminary plat. The request shall contain documentation showing costs incurred to justify an extension. An approved final plat shall extend the exviration date for the remam� in" ?,ortion of the oriQla.&I preliminary t,)Iat for a Sacriod of six �� months after the date of approval of the final plat. Approval of a subsequent final plat within such period shall extend the expiration date for the portion of the original preliminary plat for which no final plats have been approved for an additional six (6) months from the date of approval of such final plat. Each extension period for the expiration of the original preliminary plat runs from the date of the latest final 1�lat approval. Extension periods are not cumulative. If a final plat is not filed and approved during the extension period, the original preliminary plat, together with any unapproved final plat applications ot expired final plats, lapse. 35.16.12 Final Plats. A final plat of the property to be subdivided or developer is required of all developments to which this Subchapter applies. The final plat is intended to serve as the official recorded map of the property to be developed, • thereon the boundaries, lots, • streets and casements and other significant public fac,lties amg feq-.�uizs—w��-�Aecessary t* se2-ie tke devel*•,Aacnt_as retuirei by Otis Su)rc't9.ptcr. F*r a development to be constructed in phases, the final plat may include only a portion of the land included in the preliminary plat and general development plan. The final plat shall conform to the approved preliminary plat. -mop 1. Where any requirement of this Subchapter is determined in reference to the boundary of the property, such as the requirement to improve existing perimeter streets, the final plat may not exclude land which could otherwise be included for the purpose of avoiding the requirement, or if such property is permitted to be excluded for good reason, the requirement may still be imposed if compliance with the requirement is reasonably necessary to serve the property. 2. In no case shall a final plat exclude land so as to leave a remainder of such size, shape, or location as not to be developable in substantial compliance with the requirements of this Subchapter or any other Subchapter. 3. Where any applicant seeks approval of a proposed plot for land that was subdivided in violation of this Subchapter, state law, or any prior Subchapter, or the development cannot provide adequate street access, street connections, or substantially comply with any other requirement or standard of this Subchapter because of the unlawful subdivision, the Planning and Zoning Commission may refuse approval of the development or plat. 1 M41 C. Contents of Final Plat. The final plat shall contain such information as may be required by the Development Review Committee which is reasonably necessary to review and determine whether the proposed development and required facilities meet the requirements of this Subchapter and as required by the Application Criteria Manual. 35.16.12.1 Construction Plans. A. Purpose and Applicability, Construction plans shall be submitted to the department for all existing or proposed streets, dod sidewal-,IA rainage and utility imprvements, anany othproqopo er public imvements that are reuired•r proosed t constructed, reconstructed, improved, or modified to serve the development. VAere the final plat is fo, property being developed in phases, the required construction plans shall include the improveme specified in the general development plan or preliminary plat to serve the phase being platted. T construction plans are intended to provide for the detailed engineering drawings for all improveme required to serve the development. The construction plans shall be kept as a permanent rec( The Professional Engineer representing the applicant is responsible for the accuracy, completeness a conformance to City standards. The purpose of the City review is to ensure conformance to City polici and standards. However, the City review is limited to facts as presented on submitted plans. The City h no project design or engineering responsibility. The Design Professional certifying the plans is responsi for the accuracy and completeness of the documents submitted for review and actual construction. T City reserves the right to require corrections to actual conditions in the field which are found to contrary to or oinitted from submitted plans. The construction plans shall include such information as may required by the Development Revi'm required facilities meet the requirements of this Subchapter and as required by the Application Crite Manual and all City construction standards, i kl6st-Impipa RIMIM The application and copies of the final plat and construction plans, along with any applicable fee, shall be submitted in the form and number specified in the Application Criteria Manual. M"Aff"3111172—M.1 The Development Review Committee shall review the final plat and construction plans for compliance with the requirements of this Subchapter. The applicant shall be afforded an'opportunity to meet with the committee to receive its comments and recommendations on the sufficiency of the polat an In-s' — as allow the applicant to make any recommended or desired changes, corrections, of modifications. Upon completion of the review process, if the construction plans have been approved by the Director of Hngineering, the Development Review Committee shall forward the final plat to the Planning and Zonir7 Commission along with its recommendation unless approval by the Development Review Committee is allowed by this Subchapter and as permitted by law. C. Standards for Approval. The Planning and Zoning Commission shall approve the final plat if the plat complies with the following statements: Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks, playgrounds, and public utility facilities. WOU Subchapter 16 .......................................................... ...........I........ ................................ i— ............. Development Code 2. Conforms to The Denton Plan for the City's future land uses, extension of the City's roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension • sewer and water mains and die instrumentalities • public utilities. 3. The final plat conforms with the General Development Plan and/or the preliminary plat. 4. Complies with the provisions for dedication and construction of public improvements of City construction standards. BEEMMMER-= mnmz( . ne or7rig Cornmissiln-sm scheduled meeting held within thirty (30) days of the date the final plat and construction plans for which approval is requested is submitted to the department, unless the applicant requests and consents in writing to waive any time deadline for action upon the plat. If the final plat meets all the requirements of tl-�s Subchapter, the Planning and Zoning Commission shall approve the plat. If the plat does not meet the requirements • this Subchapter, the Planning and Zoning Commission shall disapprove the plat. E. Certification by Engineer. Scaled engineering plans • details of streets, sidewalks, culverts, bridges, storm sewers, drainage improvements, water mains, sanitary sewers, other required public • and all engineering details, other than buildings, of the proposed • shall be submitted to the r• Review Committee along with the final plat of subdivision. Such plans shall be prepared by an engineer registered �n the State of Texas, and shall conform to the standard specifications • the City (North Central Texas Council of Governments Standard Specifications for Public Works Construction, as amended by City) relating to such • An approved final plat which has not been filed in the appropriate records of Denton County within two (2) years of its approval shall be considered null and void unless an extension is granted by the Planning and Zoning Commission for good cause 150w 11MIRMATM WWWW"', i 11 1 - 0 9 - Commitree, 773,777777 is appiLkauic, 41141 Mr LL)116L1uL1Lu11 pl-,jilS Dy Lo %-Hy L an execution package in accordance with the Application Criteria Manual. The City Engineer shall file in the plat records of Denton County the final plat upon submission of the execution package, recording fees, developer contracts, bonds, and any other applicable fees. 35.16.13 Replat Unless otherwise expressly provided for in this Subchapter, a property owner who proposes to replat any portion of an approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat imder the same standards and by the same procedure prescribed for the platting of land by these regulations. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding • without vacation of that plat if the replat is submitted in • with Tex. Loc. Gov't. • Ann. sections 212.014 (Vernon 1988) and 212.015 (Vernon 1988 and Supp. 1994), as amended. IM Subchapter 16 ........................................ ........ I ..................... Development Code An application for rcplat shall follow the Planning and Zoning Commission procedures detailed in Subchapter 3. The Chairman of the Development Review Committee may approve an amending plat pursuant to Tex. Loc. Gov't. Code Ann. section 212.016 (Vernon Supp. 1994), as amended. The Chairman of the DevelopmG"j Review Committee at his discretion may refer the amending plat to the Planning and Zoning Commission. The Chairman of the Development Review Committec shall not disapprove an amending plat but shall refer such plat to the Planning and Zoning Commission if he recommends disapproval. 35.16.15 Minor Plat The Chairman of the Development Review Committee or the Planning and Zoning Commission may approve a minor plat pursuant to Tex. Loc, Gov't. Code Ann. section 212.00065 (�Vernon Supp. 1994), as amended. The Chairman of the Development Review Committee at his discretion may refer the minor plat to the Planning and Zoning Commission. The Chairman of the Development Review Committee shall not disapprove a minor plat but shall refer such plat to the Planning and Zoning Commission if he recommends disapproval. 35.16.16 Vacating Plat ................................. The property owner of the tract covered by a plat may vacate the plat pursuant to Tex. Loc. Gov't Code Ann. section 212,013 (Vernon 1988). The Planning and Zoning Commission shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare. As a condition of vacation of the plat, the Planning and Zoning Commission may direct the petitioner to prepare a revised final plat in accordance with these regulations. Regardless of the Planning and Zoning Commission's action on the ptition, the poLcerA ji owner or develoer will have no righ-t to a refund of ankq morries, -fees -Qd to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Planning and Zoning Commission. 35.16.17 Conveyance Plat MORE= A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey of the property. A conveyance plat is an interim. step in the subdivision of land and shall contain a notation that indicates that no development is intended. WSL�� A conveyance plat may be used in lieu of a final plat to record the subdivision of property, provided that no portion of the development is intended for immediate development. NOMM No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat. am 35.16.17.1 Effect of Approval. A. Conveyance plat approval and acceptance by the City does not relieve the owner from obligations, including fees, required by other sections of this or any other Chapter of the City Code pertaining to the improvement of the property or extension of services as required to make the property suitable for development. B. Neither reservation nor dedication of right-of-way shall relieve the property owner from any obligation for street construction or assessments associated with public street improvement programs. Easements for access, utilities and drainage may be recorded on conveyance plats. C. No building permits shall be issued nor development begin, nor permanent utility service provided for land which has only received approval as a conveyance plat. This information shall be set forth in bold type on the plat. D. A conveyance plat may be vacated, replatted or superseded in total or in part by thorough compliance with the procedures and requirements of this Subchapter. MEL] M*= The property owner shall submit an application for a conveyance plat, together with other supporting documents and fees, to the director in accordance with the requirements of the Application Criteria Manual. Conveyance plats that qualify as minor plats may be approved by the Chairman of the Development Review Committee. A conveyance plat shall contain such information that may be required by the Development Review Committee which is reasonably necessary to review and determine whether the (iW%osed develoiwment and reLq�uired facilities meet the re,4-uirements of this Subcha-iwter and as reguired by L Application C-riteria Manual-. B. Standards for Approval. The Planning and Zoning Commission shall approve the conveyance plat if the plat complies with the following statements: 1. Reservation of rights -of -way. Conveyance plats must identify any future rights -of -way for public thoroughfares and streets specified on the City's thoroughfare plan. The identification of the right-of- way does not grant any right or interest in the property to the City or other entity. The final alignmeni may be adjusted upon final platting in order to meet engineering design standards. 2. Dedication of rights -of -way. Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of property proposed for final plat approval. 1 . Conveyance plats shall be approved provided they comply with all requirements of this Subchapter. The Planning and Zoning Commission must approve, approve with conditions that insure compliance with the requirements of this Subchapter or deny a conveyance plat no later than thirty (30) days from the date of application. A conveyance plat qualifying as a minor plat shall be reviewed and acted upon by the Development Review Committee. 2. Signing and filing. After the approval of the conveyance plat by the Planning and Zoning Commission or Development Review Committee, the property owner or his engineer shall submit filing fees and the required number of copies for filing to the City for filing with the county. Having submitted all copies and fees, the owner may request a delay of filing for up to one hundred eighty (180) days from the date of approval. Any conveyance plat which has not been filed with the county within one hundred eighty one (181) days of the date of approval shall be void. Prior to filing with the county, Subchapter 16 ... ......... .................... -- ................................ — ........ ....................................................... .................. Development Code the property owner may withdraw and void a conveyance plat. Any conveyance plat withdrawn or voided must be resubmitted under current regulations and procedures and reapproved by the Planning and Zoning Commission or Development Review Committee and filed with the county. Prior to filing, the chairperson of the Planning and Zoning Commission or the Development Review Committee, whichever is applicable, shall sign the conveyance plat. The City engineer shall forward *ne (1) copy of the recorded conveyance plat to the property owner. 35.16.18 Development Plats. A. Any person who proposes new development of a tract of land located with the corporate limits or within the City's extraterritorial jurisdiction, and is not required by this Subchapter to prepare a preliminary or final plat, shall prepare a development plat in accordance with elements required for preliminary and final plats by this Subchapter unless: 1. The development is excepted under section 35.16.7; or 2. The development is an addition or alteration to existing development which after development would result in development no less complying with the code of Subchapters than before the development. B. Development plats shall be processed in accordance with V.T.C.A., Local Government Code 55 212.041 through 212.050 (Vernon Supp. 1994) and no new development may begin on property until the development plat is filed and approved by the City in accordance with such sections. WISMOM D. If improvements have not commenced as required by the Development Plat, an approval for a Development Plat shall expire two (2) years from the date that the Development Plat is approved by the Planning and Zoning Commission. 35.16.19 Gas Well Development Plats. - --- ------------ --- ... ... . ..... ... . 1 . Gas Well Development Plats shall be processed and approved in accordance with Tex. Loc. Go Code Ann. �§212.041 through 212.050 (Vernon 1999) and no new natural gas development may be, on property until the Gas Well Development Plat is filed and approved by the City in accordance wi this Subchapter. 2. All proposed gas well development shall be in compliance with the Roadway Component of the Mobility Plan, 3. Erosion control is required and shall comply with all local, state and federal requirements. The operator shall file a copy of the Stormwater Pollution Plan if required by the EPA, 4. Reserve pits closer than 200 feet of a floodplain, lake, creek or stream shall be lined to prevent water pollution. 5. With the exception of vehicular access, no development is allowed in a floodplain, 6. At the time of permit for property inside city Emits, prior to approval of a Gas Well Development Plat or Permit, a Road Repair Agreement that will obligate operator (or by the operator's employees, agents, contractors, subcontractors or representatives) in the performance of any activity authorized by or contemplated by the approved Gas Well Development Plat, must be executed by the City of Denton. The City Manager shall have the authority to enter into the Road Repair Agreement. A Road Repair Agreement is not required if access to the well site is through an entrance off of a State Highway. 168 Subchapter 16 ............ .................. .. . ...... 11111 .................................... 11 ........... ...................... ........... ................................................ Development Code 7. In addition to the requirements of Section 35.16.11 (preliminary plat), if applicable, a Gas Well Development Plat shall: a. Identify truck routes and access points. b. Identify Environmentally Sensitive Areas (ESA's) including floodplains and any proposed floodplain, creek and stream crossings. i All floodplain, creek and stream crossings requiring the use of a culvert shall be designed to a 10-year storm frequency. ii All floodplain crossings shall have no negative affects on surrounding property. iii A drainage study sufficient to substantiate i and ii will be required as part of the submittal if crossings are proposed. c. Show the location and use of all structures within 500 feet of the wellhead. d. Identify the proposed source of water and any other public utilities required. c. Identify and show proposed method of erosion control. f. Identify the location of proposed lease lines and well locations. i Label distance between wells and property lines. ii Label distance between wells and structures within 500 feet of wells as measured from the property line. iii Label distance between temporary holding ponds and floodplains. g. Provide typical well site schematics showing layout during drilling and upon completion of drilling. h. Show location of all proposed underground pipelines. As built drawings shall be filed with the City. All pipelines proposed in public right-of-ways shall require a Right -of -Way Use Agreement. The City Manager shall have the authority to enter into a Right -of -Way Use Agreement. i. Identify if pipelines connect `with a Gas Distribution System. 35.16.20 Construction. .............. - 35-16.20.1 Pre -construction Phase Procedures and Requirements. Prior to beginning construction of public improvements the City Engineer shall schedule a preconstruction conference between the owner/applicant and applicable City departments. Representatives of public and franchise utilities shall be notified and maybe required by the Cit�y to review the proposed improvements to be made and the requirements • this Subchapter. 35.16.20.2 Development Contract Required. A. For all developments in which streets, drainage facilities, water or sewer lines or other improvements are to be constructed and dedicated or conveyed to the public, a development contract is required to ensure proper construction and completion of the improvements and payment is made. B. The developer shall submit the development contract, along with all required documents in conformity with all City construction standards. =I Subchapter 16 ......................................................... .................................... Development Code 35.16.20.3 Construction, Inspection, and Acceptance. The construction, inspection of construction, and acceptance of public improvements after completion shall be approved by the City Engineer if the construction conforms to the requirements of an City construction standards. � 1 11 � �� IT11111I I 35.16.20.5 Subdivider to Extend Mains and Streets to Subdivisions. If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer shall] construct the necessary extension as specified in this Subchapter. These mains or streets shall be constructed in accordance with the master plan of the City. These facilities shall be in public easements, secured and paid for by the developer. Such easements must be recorded as required by law before service is extended to the subdivision. WO Subchapter 17 11 ............ I- ............ Development Code Subchapter 17 — Environmentally Sensitive Areas. 35.17.1 Purpose. 35.17.2 Application. 35.17.3 Environmentally Sensitive Areas Review. 35.17.4 Environmentally Sensitive Area Classifications. 35.17.5 Official Maps. 35.17.6 Developed Floodplain Development Standards. 35.17.7 Undeveloped Floodplain Development Standards. 35.17.8 Riparian Buffer and Water Related Habitat Development Standards. 35.17.9 Upland Habitat Development Standards. 35.17.10 General Design and Improvement Standards. 35.17.11 Clustering Standards 35.17.12 Development Incentive Standards. 35.17.13 Alternative Proposals. 35.17.1 Purpose. This Subchapter is adopted for the following purposes: A. Manage and protect environmentally sensitive areas within the City as well as detail such areas that have been previously identified in The Denton Plan. B. Protect the natural and ecological resources that are essential elements of the City's health and community character and which provide irreplaceable plant and wildlife habitat; C. Establish a development framework for the City that is respective of private property rights, while encouraging them to be used responsibly for the benefit of the entire community; D. Preserve and enhance the City's distinctive community character and quality of fife by ensuring that its natural and built environments are consistent with the community vision and values embodied in The Denton Plan. E. Establish regulations that conform to the requirements of the state and federal government regarding air quality, water quality and environmental protection. 35.17.2 Application. A. The standards of this Subchapter shall apply to all land and all development within the within the corporate limits of the City, except as otherwise specifically provided for in this Subchapter. B. The floodplain standards of this Subchapter shall apply to all land and all development within the extraterritorial jurisdiction of the City. C. The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in this Chapter. If those regulations conflict with other regulations of this Subchapter, the more stringent of the two regulations shall apply. 171 Subchapter 17 6��elop... m ... e'n"t, ... C ... o'd- e ......................................... .................. * ...................................... * ............. 35.17.3 Environmentally Sensitive Areas Review. ........... __1 � - 11 ---- ............... A. Review Required, Environmentally Sensitive Areas Review is required for all development except for the following. Application for an Environmentally Sensitive Area Review can be made in conjunction with a Site Review required under Subchapter 13. 1. Property that does not contain any environmentally sensitive areas as depicted on the City's Environmentally Sensitive Areas Map. 2. Grading, filling, cutting or other earth -moving activity on any lot involving less than fifty (50) cubic yards; 3. Activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, and additions or or modifications of a single-family dwelling, except as required by the Development Code. 4. Development of single-family homes at a density of one home for 2 acres or more shall be permitted and shall be subject to the following restrictions: a. The home shall not be located in the Environmentally Sensitive Areas. b. Clustering is required where more than one home is permitted within a development in order to preserve the greatest extent of the Environmentally Sensitive Areas. c. The dwelling shall be in compliance with all other development regulations. d. Septic tanks, septic tank drain fields, and other forms of on -site wastewater treatment shall not be built within the Environmentally Sensitive Areas. 5. The applicant can demonstrate to the Director of Planning and Development's satisfaction that the subject property contains no Environmentally Sensitive Areas. 01= WIN 111 11 1 11111 111 ili!llll 11111111 11 1 1 1 •� � I � � MMZMEMEM• .� 32,10= a. Locations and extent of all Environmentally Sensitive Areas as defined in this Subchapter. Mapping of Environmentally Sensitive Areas shall be based on the Denton Environmentally Sensitive Areas Map and the text of this Subchapter, but may also be supplemented by gathering and reviewing documentation such as: field verification, Section 404 wetland permit delineation, aerial photography, FEIVIA reports that delineate and identify Environmentally Sensitive Areas. b. A determination, by the U.S. Army Corps of Engineer or a qualified environmental scientist with a delineation certified by the Corps, of the presence or absence of jurisdictional wetlands and waters of the U.S., and an indication of the location of any jurisdictional wetlands. C. Culverting or bridges and associated land disturbances in conformance with the Drainage Criteria Manual. d. Building envelopes for new or redevelopment parcels that include concept plans for the buildable area. 1102• .i •� The following criteria shall be used for the management and protection of Environmentally Sensitive Areas: 172 Subchapter 17 ........................... ..... ...................................... ......... --- ..................... ............ ............................... Development Code 1. Environmentally Sensitive Area Standards. The Director of Planning and Development shall approve the proposed development when the Applicant demonstrates the land development activity is in compliance with the requirements of this Subchapter for floodplains, Riparian Buffers, Water Related Habitat, and Upland Habitat and all other federal, state or local laws. The applicant shall meet the following requirements: a. The Environmentally Sensitive Areas have been properly identified and indicated on the required plan. b. The land disturbing activity will not cause damage to Environmentally Sensitive Areas located on property adjacent to the areas of disturbance. c. The land disturbing activity is in compliance with the requirements of this Subchapter and Subchapter 18. d. If jurisdictional wetlands are determined to be present by the U.S. Army Corp of Engineers or a wetland delineator certified by them, a Section 404 Permit or Letter of Permission from the Corps shall be required before approval of the Environmental Review. 2. The specific delineation of the Environmentally Sensitive Area will be determined as part of the review by the Director of Planning and Development based on the best available data. ME= r, The Environmentally Sensitive Area Review approved by the Director shall expire one year after the da of approval unless the applicant has made application for a final plat for the development.. T Environmentally Sensitive Area review shall expire when final plat approval expires. I Any Environmentally Sensitive Area that is protected may be used towards meeting the Landscape and Tree Canopy requirements contained in Subchapter 13, the Parkland Dedication and drainage requirements. 35.17.4 Environmentally Sensitive Area Classifications. ......... . . The following are used to define the classifications of land areas, their constraints to building and land disturbing activity on them, and that comprise the Environmentally Sensitive Areas Map: Any area defined as a floodplain within the FEMA 100-year floodplain. These areas have typically been channelized or the land within these areas has been graded, filled, or otherwise disturbed. Areas within the FEMA 100-year floodplain, or other floodplain that is undeveloped and in its natural state. ISEN-703= Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square tiffle, and 50 feet from any streams that drain areas of one square mile or less. It also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process. Areas designated for wetland, tree and understory preservation and including significant stands of predominately native water related habitat. These areas include wetlands. 111 Subchapter 17 ......................................................................................... Development Code mnumm�� Areas, a minimum of ten acres is size, that contain remnants of the eastern Cross Timbers Habitat. IINIA, M,•I 11i . J � 0 A. Environmentally Sensitive Areas Map. The official map that identifies areas identified as Environmentally Sensitive Areas. B. Environmentally Sensitive Areas Map Amendments. 1 I mcn, 'L I •I 3. The map may be updated administratively when specific information for a parcel is availab e delinea the areas and field verified by the Director of Planning and Development. C. Map Applicability. For any application for an Environmentally Sensitive Areas Review, the delineation of those areas on the site map, as approved by the Director of Planning and Development, shall supercede the Denton Environmentally Sensitive Areas Map in determining what areas are subject to the requirements of this Chapter as applied to a proposed development. IIXN. - �-� The text of this Subchapter, including definitions, describes and regulates the protected areas shown on the City Environmentally Sensitive Areas Map as a reference, E. Field Boundary Delineation. 4,•, , - P"FAMN"I'l'• '#- L disturbing activities on the property. The boundaries shall be marked as identified in the Site Desi Criteria Manual. VIEWS 111171111121111 0 0 IIIJI]AW111P, Development within the Developed Floodplains as identified on the Environmentally Sensitive Areas Map shall comply with Subchapter 35.19 Drainage. The following uses and activities are allowed in the Undeveloped Floodplain and are in addition to ths rwrikio,ng the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. The following permitted uses and activities are allowed if in compliance with the Drainage code: 1. The planting of any new trees or vegetation. 2. Restoration or enhancement of floodplains, riparian buffers, water related habitats, upland habitats, wetlands and streams as required by federal and state standards. 3. The placement of public or private utility facilities such as sewer, storm water, water, electricity, gas, or other utilities as long as installation will not have a negative impact on environmentally sensitive areas and when adequately flood proofed. 4. Measures to remove or abate nuisances, or any other violation of federal, state or local law. 174 Subchapter 17 .. ....................... ......................................... ...... ........ ................................. Development Code 5. Parking lots, subject to the limitations on fill and surface material and constructed of pervious materials. 6. Parks, open space, recreational uses, trails, walkways and bike paths. 7. New storm water pre-treatment facilities. S. Routine repair and maintenance of existing structures, roadways, driveways, utilities, and accessory uses. 9. Agricultural activity permitted through NWP 40, Agricultural Activities or any other permLit as required by FENIA or Section 404 pursuant to the Clean Water Act. 10. Any action taken by federal, state, or local officials in an emergency to mitigate an existing or potential hazard. 11. The construction of a private driveway. B. Prohibited Uses and Activities. The following prohibited uses and activities are not allowed in undeveloped floodplains: 1. Uncontained and contained areas of hazardous materials. Handling or processing areas for the receiving and storage of hazardous waste. Hazardous waste and solid waste landfills. 2. Land disturbing activity not authorized by a Corp Section 404 Permit or Letter of Permission and by the Director as part of the environmentally sensitive area review. 3. Any new structures or additions, including garages and carports, and storage sheds located within the area mapped as Undeveloped Floodplain. 4. Tree and understory vegetation removal. C. Standards for Fill in Undeveloped Floodplains. The following are standards for fill in the undeveloped floodplain: 1. Filling of any floodplain of a stream that drains more than one square mile is prohibited unless the fill on any lot is less than 50 cubic yards or 300 cubic feet per acre, whichever is greater. Up to 15% of the floodplain valley storage may be filled if the stream drains less than one square mile in area pursuant to this Subchapter and federal law. 2. Excavation to balance fill shall be located on the same parcel as the fill unless it is not reasonable or practicable to do so. In such cases, the excavation shall be located in the same drainage basin and as close as possible to the fill site, so long as the proposed excavation and fill will not increase flood impacts for surrounding properties as determined through hydrologic and hydraulic analysis. 3. Fill and other material imported to the lot shall be limited to the following: a. Poured concrete and other materials necessary to build permitted structures on the lot. b. Aggregate base and paving materials. C. Pervious materials as allowed in Subchapter 13, Site Design Standards. d. Plants and other landscaping material. 4. If additional fill is necessary beyond the permitted amounts in (1) above for sites with streams that drain an area greater than one square n-ffle, then fill materials must be obtained from cutting or excavation only to the extent allowed to create an elevated site for permitted land disturbing activity. 5. Adequate drainage shall be provided for the stability of the fill. 6. Fill to raise elevations for a building site shall be located no closer than permitted to the Environmentally Sensitive Areas in order to reduce the impact of that fill on the adjacent areas. M Subchapter 17 ...................................................... Development Code D. Culverts and Bridges. Culverts or bridges of any waterway or creek identified on the official maps adopted pursuant to this Subchapter must be designed by an engineer. Stream crossings shall be designed to the standards of the Drainage Subchapter, or where no floodway has been identified, to pass a one -hundred (100) year flood without any increase in the upstream flood height elevation. The engineer shall consider in the design the probability that the culvert will be blocked by debris in a severe flood and accommodate expected overflow. Fill for culverts and brid-aes shall be kew to the nrinitnum. allowed. but is exerant from the limitations in section 0 - 35.17.8 Tcadhdeit A. Permitted Uses and Activities. Loy.] I I I IWI Kqq RM M I a V.&K41 a I Ili Im 014M I Igo um I om # UK•i to 10% of the area may be disturbed for private yard structures including but not limited to: gardens, yards, trails, and clearings, but which are no closer than 25 feet from the stream bank or riI arian buffer. No disturbance is permitted in delineated wetlands. 2. Repair, replacement or improvement of utility facilities where: a. The disturbed portion of the Environmentally Sensitive Area is restored; and, b. Non-native vegetation is removed from the Environmentally Sensitive Area and replaced with vegetation from the City Native Plant List. 3. Additions, alterations, rehabilitation, or replacement of existing structures that do not increase the existing structural footprint in the Riparian Area or Water Related Habitat Area where the disturbed portion of the area is restored using native vegetative cover. 4. Stream, wetland, riparian and upland enhancement or restoration projects; 5. Agricultural activity, including buildings and structures is permitted outside of the environmentally sensitive areas, unless otherwise permitted through NWP 40, Agricultural Activities of any other permit as required by FEIVIA or Section 404 or as allowed in this Subchapter. G. Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development. 7. Measures to remove or abate nuisances, or any other violation of State statute, administrative rule, or City Code of Ordinances. 8. Any action taken by the City in an emergency to mitigate an existing or potential hazard. The following uses and activities are not allowed in Riparian Buffers and Water Related Habitats: 1. Land disturbing activity not authorized by a Corp Section 404 Permit of Letter of Permission. 2. Uncontained and contained areas of hazardous materials handling areas for the receiving and storage of hazardous waste. 3. Any structures, including storage sheds, garages and carports, located within the area mapped as Riparian Buffer and Water Related Habitats. Subchapter 17 ............................................................ ................... ....... Development Code 35.17.9 Upland Habitat Development Standards. ................ I The following uses and activities are allowed in the Upland Habitat and are in addition to the restrictions for development within this Subchapter. Site disturbance shall be delineated on the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. The following uses and activities are allowed in Upland Habitats and shall be delineated on the completed application for Environmentally Sensitive Areas Review: 1. Residential development shall be designed to retain a contiguous fifty percent (50%) tree canopy, which shall remain predominantly in its natural state. Non-residential development may remove any or all of the Upland Habitat. 2. Selective pruning by a qualified and licensed tree surgeon is allowed to remove up to one -quarter of the canopy for the purposes of a trees health. 3. Clustering of development in these areas shall be utilized to minimize impact to the natural environment. Clustering shall be designed to maintain a contiguous forested area. 4. Agricultural activity, including buildings and structures is permitted outside of the environmentally sensitive areas, unless otherwise permitted through NWP 40, Agricultural Activities or any other permit as required by FEIVIA or Section 404, or as allowed in this Subchapter. 35.17. 10 General Design and Improvement Standards. 1 11 -1 .............................. The design and improvement of environmentally sensitive areas shall be in accordance with the following standards: A. These areas shall be linked to existing or planned open space or conserved areas to provide an overall open space system. B. These developments shall be arranged in order to maximize access and utilization of the environmentally sensitive areas by residents of the development and the City. C. These developments shall comply with the open space plans and requirements of the City. D. The unbuildable site area shall be placed either in a lot or lots that incorporate a permanent conservation casement, restrictive covenants, or such other legal mechanism to allow for the long term conservation of said areas. Such legal mechanism shall it any future land disturbing activity or construction within the environmentally sensitive -areas and shall run with the land and be binding upon all successors and assigns of the current owner. The unbuildable site area may be incorporated into lots of over '/2 acre in size. 35.17.11 Clustering Standards. Residential units or non-residential floor area ratio of a site may be clustered within the buildable areas of that site provided the following standards are met: A. Clustered density or floor area intensity may be transferred to contiguous lots under common ownership. Clustering from one development site to another development site is prohibited. 2. A general development plan may be used to allocate the transfer of density between lots under common ownership prior to their being sold. B. The minimum two acre size requirement for clustering contained in Subchapter 5 is not applicable to properties impacted by an Environmentally Sensitive Area. M 35.17.12 Alternative Environmentally Sensitive Area Plans. . ... .. .. .... . . An applicant may propose an Alternative Environmentally Sensitive Area Plan which meets or exceeds the objectives of the Denton Plan and this Subchapter but does not meet the standards of this Subchapter. The Alternative Environmentally Sensitive Area Plan provides the option to address the regulations through a flexible discretionary process reviewed by the Planning and Zoning Commission utilizing the Alternative 'Wevelopment Plan review process outlined in Subchapter 3. M Subchapter 18 .......................................... ...... ..................... . . ............................. ...... ........................ ... Development Code Subchapter 18 — Land Disturbing Activities. Sections: 35.18.1 Purpose. 35.18.2 Approval and Permit Required. 35.18.3 Exemptions. 35.18.4 Applications. 35.18.5 Standards. 35.18.6 Plan Evaluation Criteria. 35.18.7 Appeal Procedure. 35.18,8 Building Code. 35.18.9 Performance Bond Required. 35.18.10 Violations and Penalties. 35.18.1 Purpose. A. Preserve and enhance the City of Denton's natural character by preventing untimely and indiscriminate removal or destruction of trees, understory, and ground cover; B, Protect and preserve environmentally sensitive areas and prevent damage to and unnecessary removal of vegetation during the land development and construction process; C. Protect the city from sediment that finds its way into streets, storm sewers, ditches and streams and which may result in additional taxes for city maintenance costs and a reduction in water quality; D. Reduce sediment accumulation in streams, lakes and rivers which reduces their capacity and can result in increased flooding, impair water quality and damage property, thus reducing its use and value; E. Reduce sediment, which is a major pollutant by volume, of surface water in Denton. Promote sediment reduction through site design, grading and building practices in order to protect against the degradation of aquatic organisms and fish, which decreases recreational value and which promotes the growth of weeds and algae, thus reducing the waters natural ability as a filter; F. Promote soil conservation by minimizing natural terrain disturbances, thereby reducing sedimentation, and air and surface water pollution. 35.18.2 Approval and Permit Required. ........... ... ............ I ................ . ihall irrading, without and_ the required approvals and permits. Clearing and grading activity shall be limited to the limits of grading area identified on the approved grading plan. A clearing and grading permit is required in the city and shall comply with the following: B. Approval of a Site Plan; C. Approval of an Erosion Control Plan; D. Approval by the Development Review Committee of a Final Plat; E. Approval of an Environmentally Sensitive Area review; and F. Holding a pre -construction conference with the Engineering Department. 179 Subchapter 18 - ....... ................ .............. ............................... .................................................................................. Development Code 35.18.3 Exemptions. The following shall be exempt from the provisions of this Subchapter: A. Grading and clearing in emergency situations involving immediate danger to life and property of substantial fire hazards; It.. Grading of one (1) acre or less on a single lot, under one ownership, for the purpose of construction, landscaping and/or associated improvements for a single-family residence to be constructed as indicated on the plan submitted to the building official with an application for a building permit. Such exemption shall not applicable when the above -mentioned grading activity would directly involve environmentally sensitive areas and parcels or lots where the predominant slope is in excess of 15 percent; -residential activity where the total volume of material disturbed, stored, disposed of or used as fill Any non does not exceed 100 cubic yards or the area disturbed does not exceed 1,000 square feet provided it does not obstruct a water course and is not located in an environmentally sensitive area. D. The removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon a field inspection verification; E. Grading and clearing practices associated with normal agricultural crop operations, excluding timber cutting; F. Stockpiling and handling of earth material associated with commercial quarry and landfill operations licensed under the State. 1 0 - 35.18.4 Applications. - .......... Permit applications and requirements, processing of applications, and conditions of issuance are as follows: A. Unless previously approved through DRC an application along with the required fee for a clearing and grading permit shall be submitted in accordance with the Application Criteria Manual. B. Any permit granted under this Subchapter shall expire one year from the date of issuance. Upon a showing of ongoing construction activity, the permit may be extended by the bixilding official for one 6- month period and for an additional fee. C. Approved plans shall not be amended without authorization of the Director of Planning and Development. D. The permit may be suspended or revoked by the Building Official because of incorrect information supplied or for any violation of the provisions of this Subchapter. 35.18.5 Standards. A. General Regulations. 1. The grading will not create or contribute to landslides, accelerated soil creep, and settlement. 2. The grading will not create or contribute to flooding, erosion, or increased tribidity, siltation of other forms of pollution in a watercourse; 3. Grading operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with anticipated build -out schedule; 4. Debris shall be removed from cleared sites within 6 months of the operations completion date. 180 Subchapter 18 ................... ......................................... ...... Development Code 1. Cut and fill slopes shall be no steeper than is safe for the intended use. Slopes greater than three feet in height shall be no steeper than three horizontal to one vertical foot, except where approved retaining walls are engineered and installed and where trenches are refilled with material from the excavation. 2. All topsoil removed during ground surface preparation shall be stockpiled on the site and stabilized within fourteen (14) days, 3. When the owner of any parcel shall raise, lower or alter the level or existing grade of a site by fill or excavation, they shall, at their expense: a. Protect all adjoining property from encroachment by such fill or excavation, or danger of collapse due to such excavation either by the erection of an engineered retaining wall or by sloping the sides of such fill or excavation entirely within the confines of the site; and b. Cuts and fills shall not compromise the intent or use of existing drainage and utility easements as originally designed and approved by the city. C. Establishing Ground Cover. A temporary groundcover shall be established on all graded or disturbed areas not intended to be developed within thirty (30) days. 35.18.6 Plan Evaluation Criteria. A. Appropriate footprint sizes and development are designed with the natural terrain and drainage of the site. Erosion prevention and control measures are used, including protection of natural swales and drainage areas. Severely eroded areas are stabilized. B. Mass cutting, filling and benching or terracing of existing slopes to create additional or larger building sites are prohibited. Alternative treatments, such as building the structure with the slopes of the natural terrain, internal or external building retaining walls are used, and low retaining walls on the site to reduce site grading are used instead of mass site grading. C. Demonstrates that the project will result in the reasonable preservation of trees. D. The area is limited by design to the area of construction and the site is left in its natural state otherwise during the course of construction. E. Demonstrates reasonable preservation of trees and understory and that the following criteria is demonstrated in selection of trees to be preserved or removed: 1. Proximity of the trees critical root zone or drip line to proposed grading activity. 2. Permanent tree protection methods are employed to protect the preserved tree from damage where the trees critical root zone may be impacted. 3. Other measures have been employed, including site design that improves the chances for tree survival. 4. Temporary tree protection methods are adequately employed. 5. Construction methods for utility service to the site are used that allow protection and preservation of additional trees, such as, tunneling under the critical root zone, tree walls, or tree wells. Utility trenching activities are indicated on the plan. 181 Subchapter 19 ...................... ........................................ --- ..... ....... I ........................................ ... --1---.- Development Code Subchapter 19 — Drainage Standards [I -TWO Mt 35.19.1 Purpose. 35.19.2 Compliance. 35.16.3 Definitions 35.19.4 General Drainage Requirements. 35.19.5 General Design Standards. 35.19.6 Specific Design Criteria. 35.19.1 Purpose. Standards and requirements of this section are adopted for the following purposes: A. Protect human life, health and property; B. Minimize the expenditure of public monies for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public; D. Retain natural floodplains in a condition that minimizes interference with floodwater conveyance, storage, aquatic and terrestrial ecosystems as well as groundwater and surface water supplies; E. Nfinimize erosion and sedimentation problems and enhance water quality; and F. Nfinimize future operational and maintenance expenses. 35.19.2 Compliance. All contractors shall provide drainage facilities and improvements to serve a development in accordance with the requirements and design standards of this section. 35.19.3 Definitions. Positive Overflow. When the inlets do not function properly, or when the design capacity of the conduit is • the excess flow can be conveyed overland along a paved course. Normally, this would mean along a street or alley, but can require the dedication • special drainage easements on private property. Reasonable judgment should be used to limit the easements on private property to a minimum. In specific cases where the chances of substantial flood damages could occur, the City may require special investigations and designs. The overflow elevation shall not • higher than 0.5 feet above the top of the curb at the low •, Artificial sags created by "seesaw" of street or alley grades will not be permitted. 35.19.4 General Drainage Requirements. General requirements for drainage shall include the following: A. Drainage Improvements Required. All developments shall provide for new drainage facilities, the improvement of any existing drainage facilities, channel improvements, grading, driveway adjustments, culvert improvements or any other improvement, drainage facility or work which is necessary to provide for the stormwater drainage needs of a development, in accordance with the requirements and design standards of this section, shall be included but not limited to any drainage facilities, improvements or other work which is necessary to: M 1. Provide for the conveyance of all stormwater from the development when fully developed to an adequate discharge point; 2. Fulfill any purpose for which the requirements of this section are imposed; 3. Adequately protect the development from flooding, including the effects of the one -hundred -year flood; 4. Properly control any increase in the upstream or downstream stage, concentration or water surface elevation caused by the development; 5. Provide for the conveyance of off -site storm drainage based on ultimate developed watershed conditions through the development. • • facilities and improvements shall be provided by the developer whenever additio stormwater runoff from the development would adversely affect any off -site property or overload existing drainage facility, whether natural or manmade. Where stormwater runoff from three (3) • mo acres has • collected • concentrated to one (1) point, it shall not be discharged onto adjacent prop ties, except into existing creeks, channels or storm • unless drainage or flowage easements ai r• for those properties, If the developer cannot obtain the necessary easements to make requir this Code, the City may bring condemnation proceedings to obtain the off -site drairiage easements. Publicly • or privately maintained detention facilities may • used to • peak discharges whem conditions prevent conveying stormwater to an adequate discharge • ♦ studies show that • structural facilities will not mitigate hydraulic effects more efficiently. On-sitc detention facilities that a public shall be a minimum size • one (1) acre. All detention facilities shall comply with the design crite • this section. A development may provide for drainage by • in the design and constructi of a regional detention facility. Detailed engineering studies of the entire • shall be required to ensu - that the timing of peak flows has not been altered to create higher peak flows elsewhere in the has' 11'etention facilities may be • in • if phased to provide for the timely needs • t development. Where regulations within this section require a development to make any drainage improvements in or adjacent to a •• to provide for the ultimate base flood, the developer may, in hen • making the required improvements, restrict development in the area subject to flooding because of the failure to provide for the drainage improvements. In such cases, the area to be left undeveloped shall be dedicated to the public as a • easement on the final plat. 4 4 1 The Planning and Zoning Commission shall, when it deems it necessary for the health, safety or welfare of an area and necessary for conservation of water, • and sanitary facilities, • where prohibited in the Floodplain Chapter, prohibit r• of any portion of the property which hes within the floodplain • any stream •, • course. These floodplaill areas shall be preserved from all destruction or damage resulting from clearing, grading, or dumping of earth, waste or material, or stumps, except at the discretion of the Planning and Zoning Commission. RSM• r Major creeks shall remain in open natural condition; smaller creeks or drainage ways may be channelized if allowed by Subchapter 17 provided they meet the criteria • the Drainage Criteria Manual. When a creek or excavated channel is to remain open, or in its natural condition, it shall meet • of the following requirements: RM Subchapter 19 ................................. .................................................... ................ Development Code a. For single-family residential lots where the majority of the lots are less than one-half acre in size, dedication of the creek or drainage way shall be made to the City, or to an approved homeowner association (HOA). A drainage or floodplain easement shall be dedicated as a single lot to the City or an HOA or other legal entity as allowed by this Chapter. The Planning and Zoning Commission may waive this dedication requirement only for the following exceptions: i Replats which were originally platted prior to the dedication requirement. ii Subdivisions of five (5) lots or less. b. Creeks and drainageways may be retained as a part of a nonresidential lot, and it shall be the property owner's responsibility to maintain this area, except as otherwise provided. A maintenance easement shall be granted to the City and shall grant the right but not the obligation to maintain and construct drainage facilities if the creek or drainage way is not being properly maintained, A hen may be filed against the property in favor of the City to secure payment of any expenses incurred by the City for maintenance. C. Creek or drainage ways may be owned and maintained by an approved maintenance entity, other than individual residential lot owners provided the maintenance area is set forth by easement. A maintenance entity may include homeowners associations, apartment complexes, or similar uses. The maintenance entity's by-laws and covenants filed of record, if any, shall provide for ongoing maintenance. The easement shall authorize a hen against individual abutting lots in favor of the City to secure the payment to the City for any expenses incurred by the City in the event of default. d. Non-residential properties may create an entity to maintain creeks or drainage ways, provided the maintenance area is set forth by easement and the entity's by-laws, filed of record, provide for ongoing maintenance. Such easements shall authorize a hen against individual abutting properties in favor of the City to secure payment for any expenses incurred if the maintenance entity is not properly maintaining the creek or drainage way. Adequate floodplain and drainage easements shall be required that give the City the tight but not the obligation to maintain and construct drainage facilities if, in the City' sole opinion, the maintenance entity is not properly maintaining the creek or drainage way. e. Where the City has designated a floodway or floodplain as part of the City park system, the developer shall provide access by one of the following methods. In all cases, the City shall approve the proposed street alignment fronting on City parks as required for this purpose.: i Parallel streets fronting along the park, or ii Courtyard or cul-de-sac streets which provide public access fronting on the park, or iii Loop streets which provide public access fronting on the park. 1 . Generally, floodways serving drainage areas larger than one (1) square mile in area and which are still functioning primarily in a natural and adequate state shall not be altered or improved to provide for the drainage needs of a development, unless there is no other reasonable means or method to provide for such drainage. 2. As part of required improvements, debris, small brush, vines and other obstructions may be cleated from that portion of any channel located within or on the perimeter of the development, as directed by the Director of Engineering, prior to the connection of any utilities for any building within a development. A development may also be required to provide clearing of off -site floodways to the extent necessary to adequately receive or convey stormwater ninoff from the development, based on the roughness coefficient approved during the design process for the final plat. 3. Developments discharging stormwater runoff into a floodway shall provide supplemental vegetation, on -site and off -site areas in public easements, when necessary to preserve or restore any disruption to IRR Subchapter 19 III-- ........... -- --- ---- ....................................................... Development Code UNION 0 1 i I Kim= Iteausawymum F. Site Erosion Control. To minimize erosion resulting from the removal of vegetation and to reduce the introduction of crosi(M materials into the storm dramagm systems all develooon undertaking an- pme y devel pme of the erosion control manual, as directed by the Director of Engineering. The erosion and sedime control devices shall be installed and thereafter maintained until sufficient vegetation cover has be provided or been replaced to control erosion and sediment, as directed by the Director of Enginee . Failure to abide by these principles shall result in fines as specified in the erosion control manual a # o*ce. may elect to pay the City the total construction cost of the required facilities or improvements, excluding engineering and design cost, when: 1. The City's approved capital improvement plan proposes to provide, within two (2) years of the daM the required improvements are to be undertaken, for the same or similar drainage improvements would make the drainage improvements required by the development unnecessary; 2. Failure to provide the drainage improvements at the time of development would not adversely a the development or any off -site properties, as determined by the Director of Engineering; and 3. The payment allowed in this subsection shall be made prior to beginning any construction of t development. If the money paid to the City is not used for the required improvements within five years of payment; the funds shall be returned to the person making the payment. I 35.19.5 General Design Standards. In addition to meeting the requirements expressly set out in this Code, all drainage systems shall com with the Drainage Criteria Manual. Where there is any conflict between a provision set forth in t Subchapter and a provision of the Drainage Criteria Manual, the provision of this Subchapter shall apply] Design standards for drainage facilities and improvements shall be based on hydraulic and hydrolo o computation data submitted and approved by the Director of Engineering prior to submissi 1-,,)Iat to the Planning and Zning Commission. The Director of Engineering may specify al manner in which the necessary data is to be submitted. M Stormwater and sanitary sewerage systems are to be used and maintained as separate systems. Drainage facilities shall be designed so they do not connect, direct or allow stormwater into the sanitary sewerage system. No development shall be designed to access a public street across a channel without providing adequate clearance for the channel under design storm conditions as required by the drainage manual. Bridges crossing channels serving drainage areas greater than one (1) square mile in area shall have one (1) foot of MR Subchapter 19 ........................ ....... ........................ . ..................................... Development Code !• • the 100-year • flood elevation and the lowest beam of the • Bridges crossing channels serving drainage areas less than • (1) square mile in area shall have • (1) foot • freeboard between the design water surface and the lowest top of road elevation of the bridge. All culvert crossings shall have (2) feet of freeboard between the 100-year base flood elevation and top -of -curb elevation. E. Channel Requirements. Channel regulations and improvement requirements shall be based on the amount and concentration of the stormwater runoff from the development. All developments shall provide for the permanent improvement and modification of existing drainage system channels or dedication of floodplain areas based on flood conditions as necessary to serve the development, subject to and in accordance with the following: 1. Channels which serve as floodways having a drainage basin one square mile or larger shall be main- tained in a natural state as provided for in this section. 2. Channels serving a development shall contain the 100-year base flood to a level at least one foot of freeboard elevation. 3. Excavated channels shall have concrete pilot channel, if deemed necessary by the Drainage Department, for access or erosion control as outlined in the specifications of the drainage manual. Locations where earth channel improvements are required to carry a flood discharge through an undeveloped area of the off -site property channel grade can be "daylighted" and no freeboard required until the area is developed. 4. The minimum grade allowed on any channel, outfall channel or ditch shall be three -tenths foot per one hundred (100) feet for concrete lined channels and five -tenths foot per one hundred (100) feet for grass lined channels. 5. The design for all open channels shall be based on geotechnical investigations, unless determined to be unnecessary by the Director of Engineering. F. Channel Easements. Drainage and floodplain easements shall be provided for all open natural or manmade channels. Easements shall encompass all areas lower than a ground elevation defined as being the highest of the following: 1. Fifteen (15) feet outside the calculated water surface elevation and associated flood boundary based on a design storm whose frequency is 100 years. All watersheds are to be treated as fully developed. 2. The top of the high bank plus a minimum of 20 feet, if higher than (a) above. 3. Additional access area will be required according to the section below. Any development which makes use of any channel within or on the perimeter of the development to provide for stormwater runoff may be required to provide adequate access roads and ramps for the channel for maintenance purposes as follows: 1. Access ramps shall be provided for improved channels. 2. Access to all improved channels shall be provided by one (1) of the following methods, as approved by the Director of Engineering. q. By constructing a flexible base road or equivalent; b. By providing a combination of the bottom access and an access road on one (1) side of the chan- nel, if the depth of the channel will allow maintenance from the access road. c. For channels exceeding a depth of four (4) feet or four (4) to one (1) side slopes, an access road shall be provided on both sides of the channel where none of the other methods would be MW 194r.4114JOHNI sufficient to provide for maintenance of the channel access area. Access areas shall be a minimum of 15 feet wide. 3. To ensure adequate access, all lined and pilot channels shall have a minimiun bottom width of ten (10) feet and shall be provided with concrete access ramps located as directed by the ACM/Utilities. Concrete access ramps shall not be less than twelve (12) feet wide, with a maximum slope of six (6) to one (1) and maximum cross slope of 5%. All access roads shall be located within a dedicated casement of the size required by this section. H. Channel Alignment and Grade While it is recognized that channel alignments must be controlled primarily by existing topography and right -of way, controlled primarily by existing topography and right-of-way, changes in alignment should be as gradual as possible. Whenever practical, changes in alignment should be made in sections with flatter grades. I. Major Drainage Systems. Major drainage systems greater than one square mile are intended to provide for conveyance of major flooding and usually consist of channels, detention reservoirs, and natural drainage systems. Major drainage systems shall be designed to convey the one -hundred -year flood and may be planned as an integral, usable part of a development. J. Minor Drainage Systems. Minor drainage systems less than one square mile are intended to provide for conveyance of nuisance -type flooding and usually consist of streets, storm drain inlets and pipes. Minor drainage systems shall be designed to convey the one -hundred -year frequency restrictions or other special conditions. Additional capacity requirements may be required where there are flow width pipes. K. Maximum and Minimum Times of Concentration. Drainage systems for all developments shall be designed to comply with the minimum and maximum time of concentration for the proposed land use, as specified in the drainage manual. In cases where it is evident, as determined by the Director of Engineering, that the actual time of concentration is less than the minimum specified in the drainage manual, a shorter time of concentration may be required. L. Tailwater Considerations. Proposed storm drains may discharge into existing watercourses shown on the current flood insurance rate map. The tailwater elevation used in hydraulic calculations of the proposed storm drain system shall consider the water surface elevation of the watercourse for the same design frequency as the storm drain system. All storm drainage systems shall be designed so the tailwater elevation of the proposed storm drain system shall be the water surface elevation of the watercourse when its peak discharge occurs. M. Lot Drainage. Generally, each lot shall be designed or graded to direct stormwater into an abutting street, alley, channel or inlet. If draina,,i4e is Ocrovided in the rear of• ordosed storm draina e s of inlets and pipes, the alley or drainage system shall be designed for the one -hundred -year flood. Where it is not practical to provide abutting drainage facilities for each lot, drainage facilities such as a closed pipe system or drainage ditch, shall generally be required whenever the cumulative stormwater runoff from more than two (2) lots used for one- or two-family dwellings is directed across a third residential lot or whenever the facilities are necessary to avoid an adverse effect on any other lot. It shall be unlawful for any person to fill, moor otherwise obstruct any public drainage easement designed or used as an overflow channel or structure. 35.19.6 Specific Design Criteria. .................. . Design criteria shall be as follows: A. Design Flood Frequencies. 6- 0 Flood Facility Frequency (Ydirs) Street Capacity and Enclosed Pipe System (if Needed) 100 Driveway Culverts and Roadside Ditches 50* Roadside Ditches 50 Improved Culverts 100 Culverts 100 Bridges 100 Roadways 100 City will allow6iu�16rts to be designed for 25-year storm where physical constraints exist. This determination will be made at the time the permit is issued. This provision does not apply to new development, including residential and non-residential. . . ....... . 1. The permissible water spreads for streets are based on the one -hundred -year flood. At streets s be capable of conveying one -hundred -year flood flows and shall not exceed a depth of 1" above curb. The spread limits listed below shall apply to the following streets and facilities: I 2. The allowable drainage flow across street intersections for the one hundred year flood shall be as follows: 7 7777 7 77 77 Intersections 100-Year Flood Street Classification Cross Flow Arterial Street (divided and undivided)) None IRM Subchapter 19 ........................................................................................................................................................... Development Code Collector Street None ......... . ....... Local or Residential Street Gutter Flow of 2 inches or less ------------------- ----------- 3. via um flow in all streets shall be 45 cfs (22 1/2 cfs per gutter). 4. Inverted crown sections are permitted only in alleys. 5. Street crowns shall be reduced for approximately one hundred (100) feet on each side of valleys, and only one (1) valley crossing for each street shall be used at an intersection. 6. Positive overflow areas shall be provided at low points or sags of streets to serve as emergency relief due to blockage. Drainage casements shall be provided. C. Pipe System Requirements. I . Storm drain systems capable of conveying the one -hundred -year frequency flood are required when water spread and intersection cross flow limits are exceeded. Closed pipe systems shall be required for discharges above and including either 300 cfs or the equivalent flow of a seventy two inch pipe, unless the grade of the natural ground is less than 0.5 percent, then an enclosed pipe system shall be required for discharges up to and including three hundred (300) cfs. 2. The minimum velocity with the pipe flowing full shall be three (3) feet per second. Maximum velocity in a pipe or box shall be 12 feet per second. In extreme conditions where the maximum velocity must be exceeded, prior approval must be obtained from the Director of Engineering. 3. The minimum storm drainpipe diameter shall be eighteen (18) inches. 4. Pipe diameters shall not normally decrease downstream. 5. Pipe soffits at changes in pipe sizes should be set at the same elevation. 6. Vertical curves in the conduit will not be permitted, and horizontal curves (100 feet radius minimum) will be permitted only with the approval of the Director of Engineering. No reverse curves will be allowed. 7. Manholes shall be placed at the connection of two (2) or more laterals I containing tw 0 '2) Or m curb inlets at same relative point of a street and alley, at pipe junctions having any pip, small,, th,, thirty-six (36) inches except when manufactured "Y" fittings arc utilized, at grade changes and at - beginning of the storm drain system. Maximum manhole spacing shall be as follows: 8. Generally, inlets shall not be allowed to serve as a manhole or junction box. Under special circumstances the Director of Engineering may allow an inlet to serve as a manhole or junction box. Where inlets serve as a manhole or junction box, the width of a new standard inlet, at a minimum, shall be doubled in size. Ila Subchapter 19 ....................... ...... ............................................... — .............. i1_ Development Code 9. No 90 degree bends will be allowed in storm sewer pipes or box culverts. Bends shall be 30 degrees or less. Pipe junctions shall not be greater than 45 degrees. Manholes are required at bends greater than 30 degrees and pipe junctions greater than 45 degrees 10. Pipe or box outfalls discharging to any natural or man-made creek shall be at a 30 degree angle or less to the centerline. Flo fines of all pipes or boxes shall be no higher than one (1) foot above the flow line of a creek and at or above the normal pool elevation of any pond. Appropriate energy dissipation structures shall be installed at all pipe or box outfaUs. 11. Pipe material shall be reinforced concrete for all pipe sizes 48" and larger in diameter with appropriate bedding and class type depending on cover. Pipe material for pipe sizes less than 48" shall be reinforced concrete or aluminized steel Type II ultra flow with proper backfiU and cover. FIGWIRM102-M 1. Minimum curb inlet size shaU be 10 feet. Maximum length of inlet at any one curb location shaU be 20 feet on each side of the street. Inlets wiU be placed only in straight sections of curb, and with curb returns at least 10 feet from die inlet box. Curb inlets are not allowed in intersection or curb returns. All driveway culvert construction shall be inspected by the City during construction and shall meet the folio requirements: 1. Culverts shall have a minimum pipe diameter of IS inches, be made of approved classes of reinforced concrete pipe (RCP) or aluminized Type II metal pipe, and shall be jointed together properly by materials approved by the City. Culverts Linder City streets used for entrances to a subdivision shall be made of approved classes of reinforced concrete pipe or box. 2. The safety standards for ends to driveway culverts adopted by the State Department of Highways and Public Transportation, as amended, on file in the office of the City Engineer, are hereby adopted by reference to the folio extent: a. Culverts of twenty-one (21) inches in size or larger shall have six (6) to one (1) safety end sections. The ground around the end section shall have a grade of six (6) to one (1). b. Culverts less than twenty-one (21) inches in size shall have type B end sections (State Department of Highways and Public Transportation drawing CH 11). c. Type B headwalls and guardrails may be used for pipes larger than twenty-one (21) inches when approved by the Director of Engineering. All detention ponds, whether maintained by the City, private property owner, Home Owners Association, or private entity, shatt be in compliance with any applicable design requirements of any state or federal �,�*ulations of the State Water Commission or its successor agency. The following requirements and design standards shaR apply to a1l detention ponds, whether maintained by the City, private property owner, Home Owners Association, or private entity unless otherwise noted to the extent thep do not conflict with ano licable federal or state laws or reguL as arcefui.ed: 1. The one -hundred -year flood shall be used to determine the voltune of detention storage required. Detention facilities shall be designed so that any additional runoff generated by the proposed develop- ment wiU not increase the amount of original discharge for storm frequencies from the 5-year, 25- year, and 100-year flood. 2. The modified rational method shall be used to construct runoff hydrographs for detention storage design when the contributing drainage area is two hundred (200) acres or less. The procedures out - I U41 Subchapter 19 ............................................. ............................................................................................ ............................................. Development Code lined in Soil Conservation Service Technical Release No. 20 (TR-20) or in the U.S. Corps of Engineers' Flood Hydrograph Package (HEC-1) and other methods approved by Director of VHrigineering shall be used to determine runoff hydrographs for detention storage design when the contributing drainage area exceeds two hundred (200) acres. The Director of Engineer may approve the use of other methods for runoff hydrographs when appropriate. 3. An emergency spillway or overflow area shall be provided at the maximum one -hundred -year pool level and shall be capable of conveying discharges as required by the regulations of the State Water Commission or its successor agency. Nfinimum capacity for 25 year storm based on fully developed flow shall be designed for emergency spillway. The spillway shall be constructed of concrete, unless the City approves alternative materials. 4. Any outflow structure, which conveys water through the embankment in a conduit shall be reinforced concrete, designed to support the external loads. The conduit shall withstand the internal hydrauli"i pressure without leakage under full external load or settlement and must convey water at the design velocity without damage to the interior surface of the conduit. The minimum pipe size and box size shall meet the following requirements: Smaller inlet pipes may be used with junction box and properly sized outlet structure. Minimum stpening of inlet shall be 6 inches in diameter or 6" x 6" square. 5. The outflow structure of a detention basin discharging water into any natural stream of: unlined channel shall discharge at a nonerosive rate, unless approved erosion protection is provided in accordance with the drainage manual. Discharge of water into any street right-of-way shall not be permitted. 6. Detention basins resulting from excavation shall provide positive drainage in accordance with the drainage manual. The side slope for any excavated detention basin, which is not in rock, shall not exceed four (4) to one (1). 7. Earthen embankments used for water impoundments must be constructed according to specifications for fill material and be designed based upon geotechnical investigations of the site. The minimum crown width of the embankment shall be twelve (12) feet. 8. Detention basins shall be designed with adequate ingress and egress to allow for regular maintenance, including periodic desilting and debris removal. A minimum of 20 feet of access in width shall be maintained around the entire perimeter of the pond. Detention basins designed for permanent water storage must include dewatering facilities to allow for maintenance. Detention basins designed to serve drainage areas of three hundred twenty (320) acres or more must include a desilting basin in the upstream pool area. This applies to publicly maintained ponds only. 9. Security fencing of a minimum height of six (6) feet may be required to encompass the detention storage area if the velocity, depth or slopes create a potentially dangerous condition as determined by the Director of Engineering. The fence shall be designed to allow access for maintenance and not restrict stormwater flow into or out of the detention basin. This applies to publicly maintained ponds only. 192 Subehapter 19 .................................... .................. ....................................... i ... i.-I. ............... Development Code maintenance of privately maintained ponds. Some of the conditions that would require an access ramp(s) for privately maintained ponds includes, but is not limited to, steep side slopes, retaining walls or space constraints. 11. A concrete pilot channel shall be provided with a minimum width of 10 feet and a mirlimum grade of .50 percent for publicly maintained ponds. Privately maintained ponds shall have concrete pilot channel with minimum width of 6 feet. G. Easements. In addition to any other provisions of this Code relating to easements for public improvements, the following requirements for easements for • drainage improvements, channels and facilities required for any • by this section shall apply: a. All public drainage systems and facilities, which are not to be included within an existing or pro- posed public street right-of-way, shall be located within easements to be dedicated to the City and shall have adequate access to a public street. Prior to acceptance of any public drainage facilities, all easements within which the facilities are located shall be cleared of all buildings, structures, fences or other obstacles that would interfere with access to the easements. Restrictions of easements shall be described on the final plat using City guidelines. b. Drainage easements through residential lots shall be placed entirely on one (1) lot. No split lot easements are allowed. C. No structures, eaves and overhangs, fences, storage sheds, decks, pools, landscaping or other aboveground man made improvements shall be permitted in drainage easements. This provision includes, but is not limited to areas encompassing floodplain, channels, flumes, natural creeks or swales, and any other condition that relies on a drainage casement to convey storm water through surface flow. 2. Above Ground Systems. a. Where an access road is required adjacent to a channel, an additional easement area of a mum width of fifteen (15) feet shall be provided. The maximum cross slope shall be 5 percent. b. Fences in drainage easements serving as positive overflow areas can be only wrought iron or tubular steel with 3 to 4 inches minimum spacing. These fences shall be constructed with knock- out panels to facilitate maintenance. c. No driveways, sidewalks, patios, etc. shall be placed in a drainage casement except where the casement is a public or private open space or park, pedestrian and vehicle access may be provided as determined by the Director of Engineering. 3. Closed Systems. a. Easements for closed drainage systems shall meet the following minimum standards, unless special circumstances warrant additional or reduced easements; as determined by Director of Engineering: 193 Subchapter 19 ....................................................................................... ......... ...... ......... Development Code . ..... . . . ..... 60 to 66 inches 25 feet 72 inches and above 30 feet b. Utilities such as water and sanitary sewer lines may share a portion of a drainage casement, containing an underground enclosed drainage system where an additional easement width for a minimum of ten (10) feet is added to create a public drainage and utility easement. No utilities shall be located in any lined channel, pipe, or box in such a way as to interfere with flow capacity or maintenance of or access to the channel, pipe or box. C. A drainage casement shall be provided for the area within a required outfall channel or ditch to the point where the flowline "day lights" on natural grade, or matches existing topography. d. To provide for maintenance, a drainage casement shall be provided at least twenty-five (25) feet beyond any outfall headwall. e. Fences in drainage casements that contain an underground storm sewer system designed according to the Drainage Code may contain any type of fence as long as the fence is constructed with knock -out panels to facilitate maintenance. f. No driveways, sidewalks, patios, etc. shall be placed in a drainage easement except where storm sewer system is enclosed and is designed for 100 year storm, a sidewalk or driveway may be constructed, unless this easement serves a positive emergency overflow route. All developments regulated by this Code shall be subject to and comply with any applicable provision of FENIA Flood Damage and Prevention Regulations. I. Floodway and Drainage Related Minimum Elevations. Nfinimurn finished floor elevations shall be labeled on the final plat where required. City reserves the right to syecil5i a new or revised minimum • floor elevation at the time oof i. buildin new or • accurate information warrants the change. Minimum lot and floor elevations shall be established 1. For lots within the 100 year base flood, abutting the 100 year base flood or within 200 feet of the 100 year base flood: a. Lots shall have a minimum elevation for the buildable area (including parking areas) of the lot of one (1) foot above the 100 year base flood elevation, or as directed by the Director of Engineering. b. Any livable structure, including the garage shall have a fiwished floor elevation at least 18 inches above the 100 year base flood elevation. This applies to all rivers, creeks, or streams regardless of whether the 100 year floodplain is shown on the FELLA map. i Where lots are positioned on a downhill side of a steep lead-in road to a "T" of "L" intersection, or a sharp turn in a steep alley, the portion of the lot facing toward the high water flooding danger area wiU be at least the same level as the top of the curb. ii For lots in the influence of a sag area and a positive overflow, the lot elevation win be at least one (1) foot above the sag area top of the curb, or one (1) foot above the possible maximum pool elevation when the • overflow is functioning, whichever elevation is higher. (See Positive Overflow below). iii Where lots do not • a natural or excavated channel, minimum floor elevations shall • a minimum of two (2) feet above the street curb, edge of alley, or rear property line, whichever is lower, unless otherwise approved by the Director • F"n9mccring. 194 Subchapter 19 ............. . . .................. - ............................ ..................................... ...... ........................... ... ..... -- Development Code J. Minimum Street or Alley Elevations. Streets or alleys adjacent to an open channel shall have the edge of the pavement designed with an :♦ not lower than the draina c and floodilain easement elevation, Iminimum of one foot above rOWWWO" Fill and alteration of flood plains, containing drainage areas one (1) square mile or less, which is nol unreasonable damaging to the environment is permitted where it will not create other flood problems. The following are the engineering criteria for such requests. 1. FELLA Submittal. Developments which impact designated Federal Emergency Management Agency (FENIA) flood plains in the City will be required to submit the minimum data which shall be sent to FEMA for conditional approval of the proposed project. The Conditional Letter of Map Revision (CLOMR) shall be submitted to the City prior to approval of any preliminary plat. Approval of (CLOM11) from FELLA will be required prior to acceptance of a final plat. a. A written description of the scope of the proposed project and the methodology used to analyze the project's effects. b. Hydraulic backwater models of the 10, 50, 100, and 500-year flood for the following: i Duplicate of the effective Flood Insurance Study (FIS) model; ii Existing conditions (effective FIS model including cross -sections through the project site. All cross -sections should reflect conditions prior to construction of the project); iii Proposed conditions (existing conditions model reflecting the proposed project); and i Duplicate effective; e. Topographic mapping of the entire area covered by the proposed condition model, indicating the locations of all cross -sections used in the hydraulic model and delineating the proposed 100-year flood plain boundary. f. Topographic mapping of the entire area covered by the proposed conditions model, indicating the locations of all cross -sections used in the hydraulic model and delineating: g. Certification that the project meets the requirements of the 44 CFR 60.3 (d) (2). fri. Upon completion of the proposed project, "as -built" and final LOMR plans certified • a registered professional engineer should be submitted to the City for review and subsequent transmittal to FEIVIA. FEMA requires that individual legal notices be sent to all affected property owners when developments (cut or fill) occurs in the regulatory floodway that would cause any rise in the 100-year FIS water surface elevation. Public notice in the • community U&I Subchapter 19 ................................... . .......... ............................ ...... ............. .......... Development Code newspaper is required for proposed modifications to die regulatory floodway. In all of the above I ydraulic models, the following rules will apply: i The hydraulic parameters, such as bridge loss coefficients, "n" values, etc., used in the effective FIS models will only be changed where obvious errors or changes have taken place and must be documented. ii The computed water surface elevation profiles have to converge with the existing profiles iii The information should be shown on a map of suitable scale and typographic definition to provide reasonable accuracy. iv All items should be labeled for easy cross-referencing to the hydraulic model and summary data. FEIMU may have questions regarding the project. The engineer must address al of FENIA's comments. It is not anticipated, but if revisions to the development are required by FEMA, the developer will be responsible to do so. The following hydraulic data should be submitted to the City, preferably using the Corps HEC-2 program to compute the channel's water surface elevation. The data should be submitted on floppy disk and in a bound report. 1. Duplicate of the effective City fully developed backwater model or as developed by developer or property owner and approved by the City. l Inin I• I III I! III!! I! I I I I! IIII!IIII 1 11!11•! ii !! I 5. Topographic map at a suitable scale with cross -sections, existing and proposed 100-year fully developed flood plain delineated, and the area being developed shown. 6. Analysis of the existing and proposed valley storage conditions of the area. 7. Documentation from the Corps of Engineers determining if a 404 permit is required for the project. N. Flood Plain Reclamation -Engineering Criteria. Alterations of the flood plain shall result in no increase in the 100-year fully developed watershed water surface elevation on other properties. No alteration of the flood plain will be permitted which could result in any degree of increased flooding to other properties, adjacent, upstream, or downstream. 2. Stream Velocity. Alterations of the flood plain shall not create an erosive water velocity on or off -site. The mean velocipu of stream flow at the site affi;ir flow under existing conditions. No alteration to the flood plain will be permitted which could increase velocities of flood waters to the extent that the significant erosion of is plain soils win occur either on the subject property or on other properties up or downstream. Staff s determination of what constitutes an "erosive" velocity will be based on analysis of the surface material and 1�,crmissible velocities for specific cross -sections affected by the proposed alteration, using standard engineering tables as a general guide. And as established by Drainage design criteria. W NOMM311=1 Encroachment in the flood fringe area reduces the storage capacity of creeks and drainageways. This causes increased discharges downstream of the owners. Encroachments and/or channelization is strongly discouraged along Pecan, Cooper, Hickory Creek, Nfilam and Clear Creeks. The City restricts the valley storage loss to zero percent (09/o) reduction for all creeks serving with a drainage basin of one (1) square mile or greater in the City. For minor tributaries, (drainage basins with less that one (1) square mile), fifteen percent (15%) maximum reduction in valley storage will be allowed. Alterations of the flood plain shall be permitted only to the extent permitted by equal conveyance on both sides of the natural channel. Staff's calculation of the impact of the proposed alteration will be based on the "equal conveyance" principle in order to insure equitable treatment for all property owners. Under equal conveyance, if the City allows a change in the flood carrying capacity (capacity to carry a particular volume of water per unit of time) on one side of the creek due to a proposed alteration of the flood plain, it must also allow an equal change to the owner on the other side. The combined change in flood carrying capacity, due to the proposed alteration, plus corresponding alteration to the other side of the creek, may not cause either an increase in flood elevation or an erosive velocity, or violate the other criteria. The toe of any fill slope shall parallel the natural channel to prevent an unbalancing of the stream flow in the altered flood plain. WMM�� "+ il . and to lessen t1T probability of slope erosion during periods of high water, maximum slopes of filled area shall usually n exceed 4 feet horizontal to 1 foot vertical. Grass cover is required for all cut and fill slopes 4:1 or flatti.3 e er than 3 . Vertical walls, terracing and other slope treatments will be considered only 1. Part of a landscaping plan submission, and 2. If no unbalancing of stream flow results. Engineering plan submission shall include plans for: 1. Erosion control of cut and fill slopes; IMM 3. Tree protection in and below fill areas. 4. Landscaping should incorporate natural materials (earth, stone, and wood) on cut of flu slopes wherever possible. 5. Applicant shall show in the plan the general nature and extent of existing vegetation on the tract, the location of trees 6-inch and larger in diameter, the areas which will be preserved, altered, or removed as a result of the proposed alterations. 6. Locations and construction details should be provided, showing how trees will be preserved in areas which will be altered by filling or paving within the drip line of those trees. 7. Applicant shall also submit plans showing location, type, and size of new plant materials and other landscape features planned for altered flood plain areas. I'M Subchapter 20 — Transportation 35.20.1 Purpose. 35.20.2 Street Standards. 35.20.3 Pedestrian / Bicycle Facility Standards. 35.20.4 Driveway Standards. 35.20.5 Public Transit Standards. 35.20.1 All developments shall provide for streets sidewalks bicycle and transit facilities to serve the development in accordance with the requirements of this Subchapter, the design standards in the Transportation Criteria Manual and the City Mobility Plan. 35.20.2 Street Standards. The following street standards shall apply • developments under this Subchapter. Street standards shall be f 19 LIM U-4104 If I ... 0=4411.1m • • A. Street Types. Alley. An alley (residential • Commercial) is a • street designed to .• access to the rear or side of a lot including, •. waste and fire access. Alleys are reRuired for all residential lots frontm.(i on a residential lane, Residential Avenue, Main Street Mixed Use • Commercial Mixed Use • and in nonresidential zoning districts where necessary to provide for adequate access for service vehicles, • loading or unloading, access for emergency vehicles or similar reasons consistent with the intent • this Chapter. Alleys are encouraged in all commercial and single-family developments. Alleys may not access arterial streets. • geometry standards are listed in the • Criteria Manual. Alleys are to • designed in accordance with the Transportation Criteria Manual. a. All alleys shall have at least two (2) direct access points to public streets and are subject to the block length criteria included in this code. b. Alleys shall be dedicated to the public. 2. Flag Drive. A Flag drive is a private road within a private access casement, which may serve up to 3 residential dwelling units. No curbs or sidewalks are required for a Flag drive. Flag drives shall have direct access to a public street other than an alley, however shall not provide direct access to an arterial street. Adopted standards for Flag drives are as listed in the Transportation Criteria Manual. 3. Neighborhood Street. A street, which serves 20 or less residential units within a block, and carries less than 800 vehicles per day. Neighborhood streets include residential lanes, residential streets, rural/suburban streets, courtyard streets, and cut de sacs. a. Residential Lane. A residential lane is a street, which serves from 4 - 20 dwelling units as illustrated in the Transportation Criteria Manual, is expected to carry less than 800 vehicles per day and requires the use of Alleys. No driveway access is allowed on a residential lane. On -street parking shall be provided in additional bays. Adopted standards for travel lanes and parking bays are included in the Transportation Criteria Manual. b. Residential Street. A residential street is a street, which serves from 4 to 20 dwelling units as illustrated in the Transportation Criteria Manual, and expected to carry less than 800 vehicles per day. Alleys are permitted in conjunction with Residential Streets. On -street parking is provided Subchapter20 ------- --------------- DevelopmentCode on both sides within the standard width of the street section. Adopted geometry and access standards for residential streets are included in the Transportation Criteria Manual. C. Rural/ Suburban Street. A rural/suburban street is a street which carries less than 800 vehicle trips pet day and serves no more than 20 single family residential lots one acre or larger in a rural zoning district. Adopted geometry standards for tural/suburban streets are listed in the Transportation Criteria Manual. d. Courtyard Street. The courtyard street is designed for use with either small or large -lot development and shall have a maximum length of no more than 150 feet to facilitate fire service. No lots will have a minimum 30' frontage at the ends of the courtyard so that clear pedestrian passage and view corridors can be used to connect to these systerns. Geometric and access standards for courtyard streets are listed in the Transportation Criteria Manual. Courtyard streets may be used whenever desired to discourage through traffic in a residential subdivision or whenever there is no available opportunity to provide a connection to adjacent properties. e. Cul De Sac. Cul de sacs are discouraged unless the shape, location or topography of a property or portion of property is such that use of a flag drive or courtyard street is not possible as determined by the City Engineer. When a cul de sac is permitted, it shall be limited to 150 feet in length and conform to the access and geometric standards adopted in the Transportation Criteria Manual. Cul de sacs are to be connected at the end to adjacent streets or common areas by a minimum 30' view corridor including a pedestrian and/or bicycle system. All cul-de-sacs shall terminate with a turnaround that meets the standards of the Transportation Criteria Manual. Half cul de sacs as illustrated in the Transportation Criteria Manual are acceptable at bends in residential and collector streets that are 90 +/- 5 degrees. 4. Collector Street. A collector street is a street that is designated as such by the City Mobility Plan, t has an actual or anticipated traffic flow of 800 VTD or greater, serves 21 or more residential Units defined by the Transportation Criteria Manual, or serves mixed use, industrial or commerc development, Collector Streets include Main Street/1\1ixed Use Collectors, Commercial/Mixed U - Collectors and Residential Avenues. A collector street must include on street parking on both sides curbside lanes or additional bays (except as noted below) and shall be constructed to the Collec t 101 Standards as adopted by the Transportation Criteria Manual. General requirements are as follows. a. Residential Avenue. Provides access to single family detached, single family attached, 0 family, or multifamily dwelling units. Provides two through lanes and parking on each side. N driveway access to single farnily or two family dwelling units is permitted. b. Main Street Mixed Use Collector. Provides access to all types of residential dwelling units well as neighborhood commercial. Provides two through lanes and parking on both sides N driveway access to single family or two family dwelling units is permitted. I C. Commercial Mixed Use Collector. Provides access to all types of residential dwelling units as well as commercial and industrial uses. Provides for two through lanes with parking on each side or four through lanes. No driveway access to single family or two family dwelling is pcm-iitted. Secondary Arterial. A street whose main purpose is to serve as a major route through and between different areas of the City. These streets are generally shown on the City Mobility Plan, however may two through lanes plus a bicycle lane in each direction separated by a median. No parking is [!,erniitted. Driveway access to single family and two family dwelling units is not permitted. Adopted street sections, right of way requirements and access restrictions are as listed in the Transportation Criteria Manual. 6. Primary Arterial. A street, including Interstate Highway Service Roads, whose main purpose is to serve as a major route into, out of or across the City. These streets are shown on the City Thoroughfare Plan, however may be required in other locations based on size and density of development. Primary arterials have at least three lanes plus a bicycle lane in each direction separated Subchapter 20 ............................................. ..................... ................................ . . - ... -- . . ......I-- Development Code by a median. Interstate Highway Service Road standards are established by the Texas Department of Transportation and do not include a bicycle lane wid-rin the street section, No parking is permitted. Adopted street sections, right of way requirements and access restrictions are listed in the Transportation Criteria Manual. 7. Freeways. A street with controlled access and intended to move traffic through or around the City. I- 35 north, east and west and portions of Loop 288 as shown on the Mobility Plan are freeways. Access to freeways shall only be provided at designated interchanges. B. On Street Parking. One on street parking space for each single-family unit on a block is required on the frontage street within that block. Areas in front of or within 10 feet of a driveway, within 20 feet of a street intersection or within 5 feet of a fire hydrant shall not be counted toward the required on street parking. Allowable configurations for on street parking are provided in the Transportation Criteria Manual and vary according to the street classification. When a development contains or abuts a street that only allows parking on one side or limits parking in specific areas due to traffic calming measures or other reasons, prior to acceptance of the public improvements, the developer shall petition the City to establish an appropriate no parking zone for that street. C. Dedicated Public Streets Required. All roads which serve four (4) residential units or greater or any lots zoned for commercial or industrial uses, must be dedicated to the public and shall be developed to design standards established by the Transportation Criteria Manual, Public streets may not be gated or barred from use by the general public. All roads, which serve less than four (4) residential units, shall be paved to standards established by the Transportation Criteria Manual for Flag Drives. D, Alignment. All streets as far as is practical shall be in alignment with any existing streets by continuation of the centerlines thereof. The staggering of street alignment resulting in "T" intersections shall leave a minimum distance of one hundred fifty (150) feet between the centerlines of local streets and two hundred (200) feet between the centerlines of collector streets. E. Intersections. 1. Street intersections shall be laid out according to the standards in the Transportation Criteria Manual including intersection angles, curb returns, and property lines. 2. Proper signage and pavement markings shall be installed at intersections by the developer in accordance with the Transportation Criteria Manual. F. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be in accordance with the Standards set forth in the Transportation Criteria Manual. Street grades shall generally follow the natural contours of the property and be below the existing grade so that parkways drain toward the street. Excessive cuts and fills solely for the purpose of balancing dirt are not permitted. G. Blocks 1. General. The length, width, and shape of blocks shall be designed with due regard to providing building sites for the use contemplated, consideration of needs for convenient and efficient vehicle, bicycle and pedestrian access, circulation and control, safety of street traffic, and recognition of the tations and opportunities of topography. 2. Sizes. Blocks shall conform to the standards in the Transportation Criteria Manual and limitations based on street classifications unless topographical conditions of man made barriers justify an exception as determined by the City Engineer. The block dimensions shall be measured from street ROW to street ROW, not including any alley bisecting the block. 3. Block width. Blocks shall have sufficient width to provide for two (2) tiers of lots. Double fronted lots shall be avoided except where essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. Through lots shall have a minimum average depth of one hundred ten (110) feet. put Subchapter 20 .................................................................... Development Code H. Easements and Right of Ways. I . Dedicated Streets. Public right of way shall be dedicated for all streets that serve more than three residential units or any commercial or industrial lot, except as permitted in Section 35.16.7. Right of way widths, corner clips, and other geometric requirements shall be as adopted in the Transportation Criteria Manual. Right of way widths or corner clips in excess of those standards may be required as determined by the City Engineer if necessary to accommodate sloping back of the right of way, large drainage facilities or a natural topographic feature. 2. Flag Drive. Flag drives shall be constructed within a private access casement shown on the face of the plat. The shape and size of such easements shall be in accordance with the standards provided in the Transportation Criteria Manual. 3. Street Furniture and Transit Facilities. Additional right of way shall be required to provide for street furniture and transit facilities as required by other sections of this code. 4. Utility and Drainage Locations. Utilities and drainage facilities shall be placed under the paved portion of the right of way as shown in the Transportation Criteria Manual. Shared duct banks shall be provided and constructed at the same time as the subdivision for all existing dry utilities including franchise utilities and at least four conduits for future use. 5. All utilities and drainage facilities including franchise utilities are to be installed under new pavement prior to paving operations. 6. If utility or drainage crossings are to be installed underneath an existing street that has been constructed or reconstructed within the past 3 years or the street is an arterial or freeway, the crossing shall be installed by boring. 7. When it is necessary to cut an existing street to tap a utility line or storm sewer, patching shall be performed in accordance with the Transportation Criteria Manual. I. Vehicle trips. Any requirement or design standard of this section which is based upon or determined in accordance with a specified number of vehicle trips, shall be determined by the City Engineer in accordance with the latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. 1. All street improvements shall comply with the street design specifications, as contained in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set out at length in this section. 2. Al street improvements shall be constructed in accordance with division II, Materials, and division III, Methods, of the City's Standard Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Code conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. K. Street capacity. 1 . All developments shall provide for those streets, including internal streets, the improvement of existing and new adjacent streets, the improvement of existing and new offsite streets and rights -of - ways to the standards listed in the Transportation Criteria Manual or if necessary in excess of those standards if the increased traffic to be generated by the property at fun development" would create less than a level of service D as defined in the Transportation Criteria Manual. Offsite street improvements are to be provided to the extent that the effects of additional traffic created by the development will be mitigated and not absorb existing street capacity on a first come first serve basis. 2. Any streets required by the provisions of this section shall also include any drainage structures that are part of the street improvements and are necessary to serve the development, in accordance with the 9M Subehapter 20 ....................................................... ...................................... Development Code drainage requirements of this Chapter and the Drainage Criteria Manual. In the case of rural/suburban streets, no underground drainage improvements, other than driveway culverts and cross drainage, shall be required. Adequate borrow ditches as described in the Drainage Criteria Manual shall be provided. 3. To provide for future street improvements, any development may elect, upon the approval of the Planning and Zoning Commission, to dedicate more street right-of-way than would otherwise be required for the development, in lieu of constructing the total street system otherwise required of the development by this Code, when: a. The additional right-of-way will be needed for a proposed arterial street, as shown on the City Thoroughfare Plan; b. Omitting the street improvements that would otherwise be required would not substantially impair the safe movement of traffic created by the development; and c. The market value of the additional tight -of -way would, as determined by the City Engineer, be equal to or greater than the cost of the street improvements, which are to be omitted. L. Perimeter streets. I . Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-w in accordance with the Transportation Criteria Manual shall be provided at the time • subdivisio All means of access to a subdivision shall be from existing streets fully improved to City standar and which have the capacity • carry all anticipated traffic from the development in accordance wil the Transportation Criteria Manual or an approved Traffic Impact Analysis. 2, New perimeter streets. If an arterial or collector street is proposed by the mobility plan on, near within the boundary of the development or the development creates the need for a new perimet, street, the development shall provide the portion of the perimeter street including right of w dedication for which it reasonably creates the need, but in no case shall that portion of the stre provided be less than a pavement width of twerity-five (25) feet plus required bicycle lane in the ca of an arterial. Minimum right • way dedication for new • streets shall be sufficient to provi the required amount of ♦ the required parkway width for the street classification as shown the Transportation Criteria Manual, and an additional five feet to provide for any sloping need between the pavement and the property line of the development. All perimeter streets shall provided with curb and gutter along the side abutting the ♦ If the perimeter street ultimately proposed to serve as a divided arterial street and the development is required to install h of the arterial street, then curb and gutter shall be • on both sides of the perimeter street so to provide the curb for the future median of the arterial street. 3. Existing perimeter streets. a. Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of- way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional • and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this • an "unimproved perimeter" street shall mean a perimeter street which •• not have curb and gutter or which does not substantially comply with the standards for street construction listed in the Transportation Criteria Manual • NCTCOG Specifications. b. Where any development would be required by this Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing perimeter street to City specifications within three (3) years • the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total construction cost, excluding engineering and design cost, of the required street 9M Subchapter 20 ..... I ......... ................ . .... — .............. ...................................................... Development Code improvements. The amount to be paid shall • determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the • improvements within five (5) years of payment, the funds shall be returned to the y,erson makinS &-dic ment. In the event that the Plat is not filed until after the C4, has entered a Contract with a contractor to construct the subject street improvements, the payment by the development is no longer required. Phasing of Perimeter Paving Improvements. Perimeter paving improvements are required to be constructed adjacent to the property which is final platted. In a development where final platting will occur in phases, the developer may choose to perform the required perimeter paving improvements adjacent to each phase as it is platted, • may choose to perform all perimeter paving improvements at one time with the platting of a latter phase as long as the • is constructed prior to or with the phase of the development that includes 50% of the lots in the entire development and the subject perimeter road is not the sole access to the property. The developer will be required to enter into a Perimeter Paving Postponement Escrow Agreement 4. Exceptions to perimeter street requirements. The provisions of this section requiring the improvement of existing unimproved perimeter streets to City specifications for new streets shall not apply to the following: a. A plat for a single-family residential lot, where such lot is not part of a larger general scheme of development or subdivision of land containing more than one (1) residential lot; b. A development that abuts less than one hundred (100) feet of an existing perimeter street, where the existing off -site perimeter street on either side of the abutting perimeter street is not improved to City specifications and there are no proposals or plans for improvements to the perimeter street on either side of the abutting perimeter street as evidenced by the City's capital improvements plan or plats approved or pending approval; c. A development which: i Is not required or does not propose to extend a City water line to the property to serve the development; and ii Is located more than eight thousand (8,000) feet from an existing City water line, measured along a straight line from the nearest boundary of the development to the nearest water line; or iii A state or federal highway. i. Off -site connecting streets. Any perimeter street required to be improved to meet the specifications for new streets shall be connected to existing off -site streets in accordance with the horizontal design specifications shown in the Transportation Criteria Manual adopted by reference in this Code the same as if set out at length in this section. 6. Upon recommendation of the City Engineer, a required perimeter street meeting standards outlined in the Transportation Criteria Manual for a rural/suburban street may be approved whenever: a. The required perimeter street is for a residential development in Rural District, as shown in the Future Land Use Element of the Denton Plan; b. The development is not located in an area where the pattern or intensity of development would create the need for improved urban drainage facilities in the foreseeable future; and c. There are no existing or proposed improved drainage facilities, as shown by the City's capital improvements plan or by plats approved or pending approval, in such proximity to the development that would connect to or receive the drainage waters from the required street drainage improvements. 9M M. Improvements to existing off -site streets. 1 . Developments generating less than 100 vehicles per day are not required to make pavement improvements to offsite streets, but shall be required to participate in the cost of any proposed signal improvements at the nearest intersection in accordance with the Transportation Criteria Manual if signalization in the future is expected. 2. Developments expected to generate at least 100 but less than 1000 vehicle trips per day and less than 100 vehicle trips per hour at full development shall improve or repair connecting off -site streets as necessary to provide a safe and adequate paved surface for the amount and type of traffic generated by the development. The off -site street improvements or repairs need not meet the specifications for new streets, but shall be made to a standard determined to be necessary by the City Engineer to provide for the safe movement of vehicular traffic generated by the development, pursuant to a distress rating performed by the City Engineer in accordance with the Transportation Criteria Manual. Off -site street improvements shall not be required to extend beyond the nearest existing intersecting arterial or collector street indicated on the roadway component of the Mobility Plan. Such developments accessing an Arterial Street shall provide right turn lanes into each entrance and left turn lanes into each entrance that left turns are possible. In addition, such developments shall be required to participate in the cost of an), proposed signal improvements at nearby intersections determined by the City Engineer in accordance with the Transportation Criteria Manual if signalization in the future is expected 3. Developments generating 1000 or more vehicle trips per day or 100 or more vehicle trips per hour shall provide offsite street improvements as determined by the City Engineer in accordance with an approved Traffic Impact Analysis, Offsite improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal construction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. Such improvements shall be required to the extent that the effects of the increased traffic the development generates will not reduce level of service of surrounding streets rather than allowing absorption of existing street capacity on a first come first serve basis. 4. Where any development would be required by this Code to improve an existing unimproved offsite street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing offsite street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required offsite street improvements, to pay to the City prior to filing the plat the total construction cost, excluding engineering and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the required improvements within five (5) years of payment, the funds shall be returned to the person or entity making the payment. In the event that the Plat is not filed until after the City has entered a Contract with a contractor to construct the subject street improvements, the payment by the development is no longer required. N. Adequate street access. All developments shall provide the necessary street system to ensure that there is safe and adequate access to each lot within the development in accordance with these standards, the Transportation Criteria Manual and any other applicable City Ordinance. O. Floodplain. No new streets shall be located within a zone A or AE Floodplain except for approved crossings. P. Coordination with surrounding streets and connectivity. 1. In accordance with the standards in the Transportation Criteria Manual, and using the connectivity component of the Mobility Plan, the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access, and the safe and Subchapter 20 ... .... ____ ................ ..................................... ...................... ....... ---- '_....... ......... ......... ............ I,— ............................ Development Code effective movement and circulation of traffic in accordance with the Mobility Plan. Temporary dead end streets between phases of a subdivision on which there is located a building lot that does not have frontage on any other street shall be developed with a temporary cul-de-sac designed in accordance with the Transportation Criteria Manual which appendix is adopted by reference and included in this Code the same as if set out at length in this section. When streets are extended to the property boundary any resulting dead-end streets may be approved without a temporary turnaround, however shall be provided with signage indicating that the street is intended to be extended in the future when Oce streef 611 'be recluired- 2. When extending streets from an existing development into a new development, the street section shall remaiii the same as that in the existing development to the first intersection. Requirements concerning block length, land use versus street sections and maximum traffic trips are all applicable in the extension of existing streets into a new development. PIMEU� 1. When any development is required to provide more than one-half of any arterial street, a median shall be provided in accordance with the Transportation Criteria Manual b. Whenever a median opening is constructed, the associated left turn lane serving the development must be constructed at the same time. In the event that there is an existing intersecting street on the opposite side of the street, the new development constructing the median opening shall be required to install both left turn lanes. d. Patterned and Colored concrete riprap is required at median noses and along the sides of medians as indicated in the Transportation Criteria Manual. R. Traffic Calming. Traffic calming devices are required at a minimum of two block intervals (generally a 1200 foot maximum spacing) but no less than 200 feet apart on all neighborhood streets, Residential Avenues, and Main Street Mixed Use Collectors. Types of devices and geometric requirements shall be in accordance with the Transportation Criteria Manual. Traffic calming devices are to be installed at the same time as the street. S. Street names and signs. 1. Street names shal be assigned by the developer, subject to Planning and Zoning Commission approval, by placing the name on the final plat. Streets, which are to be in alignment with existing streets, shall be given the same name. Names shall be sufficiently different in sound and spelling so as not to cause conflict or confusion with other streets within the City or Extra Territorial jurisdiction. Street names and numbers shall conform to the established pattern for the City and shall be subject to the approval of the Building Official, 2. Street name and operational signage shall be provided by the developer for all intersections and streets within or abutting the development prior to the acceptance of any street. Operational signage shall comply with the Texas Manual of Uniform Traffic Control Devices. Street name signs shall be constructed in accordance with written specifications in the Transportation Criteria Manual. T. Pavement Marldngs and Signage. All pavement markings and signage required to properly direct and separate traffic at intersections, changes in width or alignment, at traffic calming locations or other location where it is necessary to direct traffic within, adjacent or near the development as a result of the development shall be installed by the developer in accordance with the Manual of Uniform Traffic Control Devices. "M Subchapter 20 ............................... .............................. ............................ Development Code U. Texas Department of Transportation (TxDOT) Permits. Permits for new street connections to TxDOT roads must be obtained prior to approval of a final plat on the subject property. All other required TxDOT Permits must be obtained prior to construction of the improvement it is intended for. 35.20.3 Pedestrian Bicycle Facility Standards - --------- ............. .... ............. All developments shall provide for the pedestrian and bicycle facilities necessary to serve pedestrian/bicycle traffic to, from or across the development in accordance with the Transportation Criteria Manual and the Bicycle/Pedestrian component of the Mobility Plan. If a development is proposed within a 'A mile of a public elementary or secondary school, a pedestrian TIA will be required to determine the appropriate size and location of sidewalks and bicycle facilities to serve those uses. 1. Sidewalk. Intended for the use of pedestrian traffic only and located outside of the street pavement. Sidewalks are required along neighborhood streets, and arterial streets. Required geometry, locations and materials shall be in accordance with the Transportation Criteria Manual. 2. On Road Bicycle Path. Intended for the use of bicycle traffic only and required within the street pavement on arterial streets and where shown in accordance with the Bicycle/Pedestrian Component of the Mobility Plan. Required geometry, location and materials shall be in accordance with the Transportation Criteria Manual. 3. Off Road Combination Pedestrian and Bicycle Path. Intended for the use of bicycle and pedestrian traffic, located outside of the street pavement. These facilities are required along collector streets, freeways and where shown in accordance with the Bicycle/Pedestrian Component of the Mobility Plan. Required geometry, location and materials shall be in accordance with the Transportation Criteria Manual. B. All developments shall, within a dedicated right-of-way or easement, provide sidewalks and/or bicycle facilities designed and located in accordance with the Transportation Criteria Manual and street classification along both sides of all streets within the development, between the ends of courtyard streets/cul de sacs and sidewalks within adjacent right of ways or open space, along one (1) side of all perimeter streets and as shown on the Pedestrian Component of the Mobility Plan; except as follows: 1. A development, which is excepted from making perimeter street improvements in accordance with subsection 1) MA.c of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. 2. Where unplatted property is required to be platted in order to obtain a building permit to make any improvements to an existing building or to construct any additional building to be located on the property, a sidewalk or bicycle facility shall not be required along an existing perimeter street if: b. The building improvements would not result in an increase in the floor area of the existing building or buildings by more than ten (10) percent; c. The building improvements are to be located on the same tract or tracts of land, as described by recorded deed in the real property records of the county, on which the existing building or any existing improvements to serve the existing building are located; and d. The building improvements will not require the construction of additional parking spaces to meet the requirements of the zoning ordinance. 3. Sidewalks or bicycle facilities shall not be required for a replat of property zoned for single-family residential use if the preceding plat covering the same property did not require sidewalks or bicycle facilities and a zoning change to a district other than single family residential use is not anticipated. 9W C. Where the developer who would otherwise be required to improve an existing unimproved perimeter street to City specifications elects to pay to the City the cost of the required improvements as provided for in subsection 1) M.3.b of this section, the developer may likewise elect to pay to the City the cost of any required sidewalk or bicycle facility improvements for that street. If the money • for the sidewalk or • facility improvements is not used for that purpose within five (5) years • • the funds shall be returned • the • making the improvements. D. Escrow agreement alternative. Should the public improvements required by this Chapter, other than sidewalks or off road bicycle/pedestrian facilities be completed by the contractor or developer, the developer may, instead of constructing sidewalks or bicycle/pedestrian facilities along the frontage of residential (single family or duplex) lots in the development, deposit cash money in the amount of Twenty five (25) percent of the cost of completing the sidewalks or bicycle /pedestrian facilities or six hundred dollars ($600.00), whichever is greater, with a bank or title company as escrow agent pursuant to an approved escrow agreement. 1. The form and provisions of the escrow agreement shall be approved by the City Engineer and City Attorney to insure the completion of the sidewalks or bicycle facilities within three (3) years of the acceptance by the City of the other public improvements in the development. The escrow funds will partially guarantee the construction of the sidewalks and bicycle facilities by the builders in the development. 2. If the sidewalks or bicycle/ pedestrian facilities are • completed by the • and accepted by the City within three (3) years of the acceptance by the City of other public improvements in the development, the developer shall have the option to complete the construction of sidewalks and/or bicycle /pedestrian facilities in the development • the escrow funds shall be released to the developer • • • the sidewalks and/or bicycle/pedestrian facilities • the City. Upon • by the City Engineer, the developer may make • draws against the escrow funds once at least eighty-five (85) percent • the sidewalks and/or bicycle • facilities in the subdivision are complete, provided that sufficient funds remain in the account to complete the remainder • the sidewalk and/or bicycle /pedestrian facility construction. 3. Should the • elect not to complete the sidewalks and/or bicycle/pedestrian facilities, the City may utilize the escrow funds to complete the construction. Should the escrow funds be insufficient to complete • per the City's standards, the City may utilize the remaining escrow funds to perform initial grading or to install temporary asphalt sidewalks or bicycle/pedestrian facilities. 4. A builder or owner of improvements upon a residential lot shall not be granted occupancy until the sidewalk and/or bicycle/pedestrian facility in front of such lot has been completed and accepted by the City. E, Crosswalks. Crosswalks shall be provided wherever a pedestrian or bicycle facility crosses a public streej or alley. In addition, crosswalks are • at perimeter streets adjacent to the development wherever a • or bicycle facility intersects a perimeter street. Crosswalks shall • the same width as the pedestrian or bicycle facility and be designated by the use of alternative paving materials providing a contrasting color and material from that of the street. F. Connectivity. Where sidewalks or bicycle facilities have been stubbed out to the boundary of a development, the adjacent development shall be required to connect to and extend that facility into the development to the extent required by this code. All • and bicycle facility improvements shall comply with the design specifications, as • in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set • at length in this section. 2. All sidewalk and bicycle improvements shall be constructed in • with division II, Materials, and division III, Methods, of the City's Standard Specifications for Public Works Construction, North W Subchapter 20 .................................................. ....... .............. - ........ ................ ii ....... ---- ................................. Development Code Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Code conflicts with a •• • requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. H. Texas Accessibility Standards 1. Prior to construction of sidewalks or any other public pedestrian facility for developments where the total cost of public improvements will exceed $50,000.00, the developer must show proof of Texas Department of Licensing review and approval for accessibility. 2. For sidewalks or other pedestrian facilities proposed in a TxDOT right of way, Texas Department of Licensing review must occur prior to applying for a TxDOT permit. Proof of review must be submitted with the permit application. 35-20.4 Driveway Standards. A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 1. Driveway means that portion of the parking lot that consists of a travel lane opening onto a public street. 2. Permit means a • cut permit. B. Compliance required. After the effective date of the ordinance from which this section is derived, no person shall construct, reconstruct, replace, relocate, alter, enlarge, improve or perform any work on or make use • any driveway for any property within the City, except in accordance with the requirements • this section and in accordance with the Transportation Criteria Manual. All driveways shall be designed, installed, located and constructed in accordance with the approved specifications, plans, conditions and requirements of the permit issued for the property and the requirements of this section. No certificate of • shall be issued for any building • any • for which a • is required, until the construction, improvements, alterations or other work covered by the permit is completed in accordance with the permit issued, the requirements of this section of: the provisions of any other applicable ordinance. Where no building permit was required in connection with the requested permit, no driveway • the property for which the • was issued shall be used until and unless the work is completed in • with the permit and this Code. C. Closing Driveways. Where the closing or relocating of one (1) or more existing driveways of: portions thereof is necessary to comply with this section or a curb cut permit issued, access shall be closed by the removal of the existing driveway approach and the installation of curb and gutter along the gutter line of the street, all in accordance with City specifications. If there is no existing curb and gutter on the street, the driveway shall be closed in the manner specified by the City Engineer. D. Access to arterial streets. Access to an arterial street shall not be permitted unless there is no other reasonable means of providing safe access to the property. 1. No development shall be allowed access to an arterial street if property excluded from the development could have been used to provide reasonable access to a lesser classified street or if the property has been previously subdivided in violation of state law or Denton City Code if access could have been provided to a lesser street except for such unapproved subdivision of the property. 2. Existing commercial or industrial lots created prior to adoption of this code by legal subdivision procedures with exclusive frontage on an arterial street may take access to the arterial in accordance with the access standards in the Transportation Criteria Manual. 3. Existing single family and two family lots created prior to adoption of this code by legal subdivision procedures with exclusive frontage on an arterial street may be developed with a circular drive. Such go Subchapter 20 .......I .... 11 ......... .......... ........................ --- ........ . ................................... ..................... Development Code driveway shall be designed and constructed in accordance with standards for circular drives provided in the Transportation Criteria Manual. 4. When driveway access to an arterial street is the only reasonable means of providing safe and adequate access to the property as determined by the City Engineer, the driveway design, number of driveways, location and construction shall be in accordance with the Transportation Criteria Manual. 5. Driveways on an arterial shall align with existing median openings, other driveways, and "T" intersections or be offset in accordance with the Transportation Criteria Manual. E. Access to Freeways. Access to freeways shall only be provided at interchanges. Access to frontage roads may be provided in accordance with the standards for access to arterial streets in the Transportation Criteria Manual. 1. Access to collector streets for commercial, office, or industrial development is required and shall be designed and constructed in accordance with the standards provided in the Transportation Criteria Manual, 2. No single or two family lot shall be designed such that there is no other means of access other than a collector street. 3. Existing single family and two family lots developed prior to approval of this code with exclusive frontage on a collector street and no alley may be developed with a circular drive. Such driveways shall be designed and constructed in accordance with the standards for circular drives provided in the Transportation Criteria Manual 4. Driveways on a collector street shall align with existing driveways and "T" intersections on the opposite side of the street, or shall be offset in accordance with the Transportation Criteria Manual. G. Separation of driveways. Driveways shall be separated in accordance with the Transportation Criteria Manual to ensure that all driveways are separated by sufficient distance so as to avoid interfering with the safe movement of traffic. In interpreting and applying the separation requirements, the following shall apply: 1. The separation requirements shall be determined in reference to any proposed or existing driveways on or off the property. Where applied to a property, which is located adjacent to an undeveloped tract, the separation requirements shall account for the placement of future driveways on the adjacent undeveloped property. 2. The minimum separation specified may be reduced for currently developed property if the amount of street frontage for the property is insufficient to allow for one (1) driveway access that would have the necessary separation from an existing driveway on adjacent property and joint access with adjacent properties is not possible as determined by the City Engineer. If a reduction in the minimum separation specified is allowed, the separation shall be reduced only to the degree necessary to allow for the single driveway. 3. The separation distances specified shall be measured from the nearest edge of each driveway at the right-of-way line. H. Corner clearance standards. • clearance standards shall be applied in accordance with the Transportation Criteria Manual To ensure that the traffic movements from • do • unduly • with the movement of traffic on intersecting public streets. In interpreting and applying the standards, the following shall apply: A reduced requirement may only be used if absolutely necessary to provide driveway access to property where no other means of access meeting the corner clearance requirement is reasonably possible. Subchapter 20 .................... ...... ..... - ..... I'll ........... Development Code 2. The specified distances shall be measured at the right-of-way line from the edge of the driveway nearest the intersecting street to the right-of-way line of the intersecting street, Where light of way corner clips exist or are proposed, the specified distance shall be measured from the edge of the driveway nearest the intersecting street and the end of the corner clip nearest to the subject driveway. I. Driveway widths and grades. Driveway widths and grades shall be designed in accordance with the Transportation Criteria Manual. J. Compliance with specifications. 1. All driveway improvements shall comply with the design specifications, as contained in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set out at length in this section. 2. All driveway improvements shall be constructed in accordance with division II, Materials, and division III, Methods, of the City's Standard Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Code conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. K. Temporary Driveways for Agricultural Purposes. A driveway that does not meet the minimum requirements of this section may be permitted for undeveloped property used for agricultural purposes under the following conditions, 1. No building or parking lot permit is being applied for, 2. The driveway will be at least 50 feet from adjacent intersections, 3. The driveway will not be paved, 4. The driveway will be at least 15 feet wide but no more than 24 feet wide, 5. All drainage structures associated with the driveway will be sized to carry a 100 year storm and if applicable 6. Meets Texas Department of Transportation Design Criteria. 35.20.5 Public Transit Standards. All developments shall provide for the transit facilities necessary to serve residents, visitors, customers and employees of the development in accordance with the Transportation Criteria Manual and the Transit component of the Mobility Plan. 1 . Major Bus Stops. An area along a street or inside a development designed to allow busses of vans to •• to load • unload passengers. A major bus stop includes, a paved loading area, signage and a shelter with seating • may include additional street pavement to provide a pull out. Geometric and material requirements shall • as described in the Transportation Criteria Manual. 2. Minor Bus Stops. An area along a street or inside a development designed to allow busses or vans ;i stop • • or unload passengers. A mmor • stop includes, a • loading area, s gnage a seating and may include additional street pavement to provide a pull out. Geometric and mater requirements shall • as described in the Transportation Criteria Manual. I 3. Park & Ride. A facility designed to provide parking and transfer from one mode of transportation to another. These facilities are to be located in Regional Mixed Use Centers and in the Downtown University Core District as shown on the Future Land Use Plan. Proposed general locations for these facilities are shown on the Transit Component of the Mobility Plan. These facilities shall include 211 Subchapter 20 ............................................................ ..... . .......... ............ ------- Development Code sufficient parking for motorized vehicles and bicycles, shelter, seating, restroom facilities, and an information area. B. Location of Bus Stops. Major bus stops shall be provided on Arterials or collector streets at intersections of arterial streets, or Arterial and Collector Streets but no closer than 1/2 rtiile apart. Minor bus stops shall be provided on Arterials and collector streets at the intersections of collectors and intersections, which include a local street if there is not an arterial or collector intersection existing or proposed within a '/2 mile distance along the street. Bus stops shall be located on the approaching side of the intersection. The City Engineer will determine which and how many quadrants of an intersection a bus stop will be required. U. Pull Outs. Pull out lanes will be required in conjunction with any bus stops along any street where th; !• speed limit is more than 40 miles per hour. D. Payment in Lieu of Construction. Where a development would be required by this code to provide a bus stop • a• and the proposed development is not on an existing • route, the developer may in heu of providing signage, shelter and seating provide cash payment equal to the cost of such items to the City for future construction of the facility. In these instances, the developer shall still provide the additional street pavement for a pull out if required, a concrete loading area and a concrete pad adjacent to the sidewalk for a future shelter or seating in accordance with the Transportation Criteria Manual. E. Participation funding for Park and Rides. Developments generating 1000 vehicle trips per day or more that are • within • adjacent to a regional Mixed Use Center ♦ the Downtown University Core District may participate in the funding of the proposed ■ and ride for that ♦ as shown on the Transit ■• of the Mobility Plan in lieu • providing a portion of the required offsite traffic improvements identified by a review of the Traffic ■ Analysis (TIA). Participation shall be provided by a cash payment to the City to be used for future construction of the facility. The developer at the discretion of the City Engineer may donate a portion up to '/2 of the monetary value of the required offsite improvements for park and ride facilities. If located appropriately, the City instead of cash participation may accept donation of land for the facility, The remainder of the required offsite traffic improvements will •e provided in accordance with the recommendations based • the TIA review. In the event that the park and ride facility is already • this provision will not ■ to developments in or adjacent to that district. F. Development adjacent to Park and Ride. All developments adjacent to an identified park and ride facility are required to provide vehicular, ■ and • linkages to the ■ and ride facility from the development. G. Compliance with specifications. All transit improvements shall comply with the design specifications, as contained in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set out at length in this section. Al transit improvements shall be constructed in accordance with division 11, Materials, and division 111, Methods, of the City's Standard Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Subchaptcr conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Subchapter shall control. RN Subchapter 21 — Water & Wastewater Standards Secdons 35.21.1 Basic Policy 35.21.2 Extensions of Water and Sewer Mains 35.21.3 Basic Design Standards Reference to Design Standards Manual 35.21.4 Easement Requirements 35.21.5 Water Capacity Requirements 35.21.6 Sewer Capacity Requirements 35.21.7 Impact Fees 35.21.8 Tapping Fees 35.21.9 Oversize Participation by the City 35,21.10 Pro -Rasa Agreements 35.21.11 Alternative Water and Sewer Facilities 35.21.12 Plans and Specifications 35.21.1 Basic Water systems shall be provided with a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply and to furnish fire protection to all lots and to conform to the City master water plan, the comprehensive utility ordinance and the standard specifications of the City. All water utility standards are applicable in the City limits and the extraterritorial jurisdiction. Sanitary sewer facilities shall be provided to service the subdivision adequately and conform to the City master sewer plan, standard specifications and the comprehensive utility ordinance of the City. All sewer utility standards are applicable in the City limits and the extraterritorial jurisdiction. 35.21.2 Extensions of Water and Sewer Mains ..................................... A. Extensions for new subdivisions and other developments. Extensions required to serve new subdivisions and other developments shall be as follows: 1. Required extensions. All developments shall be required to extend across the full width of the development lot (defined by plat or lot of record) in such an alignment that it can be extended to the next property in accordance with the master sewer and water plans for the City. Properties already served by water and sewer shall not be required to install additional facilities unless: a. The current lines are not of adequate capacity to serve the proposed development, in which case the developer will be required to install adequate facilities. b. The current lines are not of adequate capacity to serve the zoning of a property that has been rezoned to a more intense use since the time of the original utility installation. 2. Extensions to existing dwellings. The Director of Water Utilities may approve an extension of water and sewer mains to an existing dwelling if the extension is less than six hundred (600) feet, provided funds are available and as allocated in the capital improvement plan. B. Cost policies for extensions to new subdivisions and other new developments. Cost policies for extensions to new subdivisions and other developments shall be as follows: 1. Development mains and facilities. Developers, including individuals, subdividers, and owners of multifamily dwellings, shall pay the actual cost of all water and sewer main extensions, lift stations or other necessary facilities required to serve their development, in accordance with the City's master utility plan and the provisions of this Code. A developer may appeal a determination of the required facilities to the Planning and Zoning Commission after a recommendation is made by the Public Utilities Board. 213 Subchapter 21 .............................. ................................. Development Code 2. • mains. The City shall participate in the oversizing of water and sewer mains, subject to fund • and approval by the City Council. "Oversized mains" are defined as water mains over eight (8) inches • sewer mains over ten (10) inches which are required • the City for future system • and are not required by the proposed development. 3. Pro rata reimbursement •; • Where a developer elects to install • water and sewer mains, lift stations or other oversized water or sewer facilities, the developer shall be entitled to reimbursement of the cost of such oversized facilities from pro rata charges paid by persons connecting • or making use of such facilities to serve their property in accordance with the provisions of this subchapter. In no case, however, shall a developer receive reimbursement in excess of the cost of the facilities. C. Special extensions to individual single-family residences. Where an extension of a water or sanitary sewer main is made by the City in order to serve a single-fanuly residence, the owner may contract with the City to pay a proportionate share of such a main as follows: 1. Extension to lots with less than one hundred (100) feet fronting or abutting the main shall be as follows: a. Main in City street or easement (side or front of lot) shall pay sixty (60) percent of the average current cost per foot; or b. Main extended through adjoining lot shall pay one hundred (100) percent of the average current cost per foot, 2. Extension to lots with more than one hundred (100) feet fronting or abutting the main: NOT i Sixty (60) percent of the first one hundred (100) feet; ii Ten (10) percent of the next two hundred (200) feet; iii Zero percent over three hundred (300) feet. ii Ten (10) percent of the next two hundred (200) feet; iii Zero percent over three hundred (300) feet. 3. No owner for which a connection is made pursuant to this subsection shall be entitled to reimbursement for any future connections, and all future taps and connections made by the owner shall be paid for as provided in subsection (e) of this section unless the extension agreement shall state otherwise. 4. Owners of tracts with over one hundred (100) feet of frontage, as described in subsection (£ (2) of this section who may at a later date subdivide their tract shall be required to pay pro rata for the subdivided frontage equal to sixty (60) percent of the average current cost per foot, cost to be detern-:rined as of the date of the tap request. All water supply, distribution, wastewater collection, and treatment systems shall be design to comply with current standards prescribed by all state and federal laws and be in accordance with all applicable local ordinances. 214 Subchapter 21 ................ .......................................................... ................ _ .......... ...... ........... -1-- ... - ... Development Code 35.21.3.1 Reference to Design Standards Manual The design of all water and wastewater facilities necessary to serve proposed developments shall comply with the Water and Wastewater Criteria Manual Water pipe shall be a minimurn of six-inch nominal internal diameter construction. Location of water utilities shall generally be in City right-of-ways. In unusual circumstances, location may be in a utility easement if approved by the water utilities department. 35.213.3 Fire Hydrants Fire hydrants shall be a maximum of six hundred (600) feet apart in residential areas and maximum of three hundred (300) feet apart in commercial/industrial areas. These are general standards to be used for platting purposes. For known end uses at the time of platting, Appendix III-B of the Uniform Fire Code shall be used. Fire hydrant spacing requirements for all building permits issued on any platted lot shall comply with Appendix III-B of the Uniform Fire Code. 35.21.3.4 Valves and Fittings All valves, fittings and appurtenances shall be designed and constructed to the standards established by the water utilities department as prescribed by the Water and Wastewater Criteria Manual NTalveS and fittings shall be provided to allow for the proper operation and maintenance of the water distribution system and to insure water quality can be maintained to each individual water customer connected to the system. The location of valves needs to properly consider the ability of the utility to remove a waterline from service to perform necessary repairs while minimizing the interruption of service to the least number of customers. This isolation of any given section of waterline should generally be able to be accomplished by the closure of the least number of valves as would generally be expected by good engineering design practices and utility industry standards. The water utility department reserves the right to modify design proposals to satisfy these objectives. 35.21.3.5 Booster Pump Stations and Pressure Regulating Valves Occasionally, the proper design of the water distribution system may reqifire the installation of booster pump stations and/or pressure regulating valves to insure proper water system pressures are provided to the development. The City reserves the right to require the developer to design and install these appurtenances as essential components of the water system necessary to serve the development. Any cost sharing for these improvements by the City will be handled by separate contract with the developer on a case -by -case basis and will factor in the following: A. The location of the proposed development in relationship to the existing water distribution system. B. The size of the development and the economic hardship that would be imposed upon the development by applying this requirement. C. Compliance with the City's Water Distribution System Master Plan. D. The relative benefits to the development compared to the benefits to the existing or future utility customers. E. Availability of funding within the water department's capital improvement program. F. The identification of capital improvement projects within the water utility department's adopted five year Capital Improvements Program that would be designed to address this system wide need. All contracts between the City and the developer for City cost participation for these improvements must be approved by the City Council after recommendation from the Public Utilities Board. MR glytomrilm� 35.21.3.6 Sewer Lines All sanitary sewer main lines shall be a minimum of eight (8) inches, except under certain conditions such as short lines, steep grades, etc., then a six-inch line can be approved by the Development Review Committee. The location of all sewer mains shall be in City rights -of -way unless special circumstances exist, such as topography, which can be approved by the Director of Water Utilities for location in appropriate easements. Minimum grades shall be maintained in laying sewer lines to provide a minimum velocity of two (2) feet per second in accordance with the design criteria outlined in the City's Water and Wastewater Design Criteria Manual. All sanitary sewer mains shall be designed and installed in straight alignments both horizontally and vertically unless transitioned through a manhole unless special circumstances warrant an exception from this requirement. The water utility department reserves the right to not grant an exemption from this requirement if it determines that compliance with the criteria is feasible and appropriate. The maximum distance between manholes shall not exceed five hundred (500) feet unless otherwise approved by the water utility department. On occasion, the location of the property, the topography of the surrounding area and the location ani, elevation of the nearest sanitary sewer main requires the installation of a lift station and force main to provide wastewater service for a proposed development. The City reserves the right to require the developer to design and install these facilities as essential com- ,Iionents of the wastewater collection sgstern necessar,�, to serve the development. Any cost sharing for these 1�mprovements by the City will be handled by separate'contract with the develoj�er on a• Oversize Participation by the City. AT contracts between the City and the developer for City cost participation for these improvements must be approved by the City Council after recommendation from the Public Utilities Board. The water utilities department reserves the right to require the developer to locate any proposed lift station in a manner that would facilitate the operation, maintenance and ultimate abandonment of the facility in the future by gravity extension of sanitary sewer mains on a watershed basin basis in accordance with the City's Wastewater Collection System Master Plan. The water utilities department also reserves the right to require the develogLer to install n a] 0 sanitarA ewer line extension to minimize the number of additional lift stations that must be operated and maintained by the City as a result of the development. The developer has the right of appeal to this requirement. The Planning and Zoning Commission shall consider this appeal after receiving a recommendation from the Public Utilities Board. 35.21.4 Easement Requirements All utilities in a development shall be provided in street rights -of -way except for special circumstances approved by the Development Review Committee, In such cases, the following standards shall prevail: A. All utility easements shall be a minimum of sixteen (16) feet unless special circumstances warrant additional or reduced easements which can be approved by the Development Review Committee. The general criteria to define minimum easementxidths are listed below: IM, Subchapter 21 ......................... ....... ............... ............. I ......... — ........................... .......... Development Code Water and sewer lines up to 24" in the same easement 20 ft Water "ands — "e-werlines greater than 24" in the same 25 ft easement -------------------- — -------- Easements along TOOT right of ways 20 ft B. Lot lines will not split easements. C. Dead-end easements are not acceptable unless approved for special circumstances by the Development Review Committee. D. Fences within utility easements are prohibited. 1. No fences will be allowed to be built that cross dedicated utility easements 2. Any existing fence that crosses dedicated utility easements that conflict with the purpose and intent of the easement may be removed by the City at any time. 3. The City is under no obligation to repair or replace any fence that is damaged or removed that encroaches within a dedicated easement for the purposes of operating, maintaining, replacing or installing water or sewer facilities within the dedicated easement. E. Employees of the City shall have the authority to enter premises at any reasonable time in the regular line of duty for the purpose of inspecting, repaiting or constructing any water, electric or sewer line or any water or electric meter, etc. The landowner and occupant are responsible for any construction activities occurring over or within any on -site utility in a utility easement. If utility inspection or repair or reconstruction is necessary, any pavement, structure or improvement damaged within a dedicated utility easement, shall not be the responsibility of the City for any repairs, but shall be the sole responsibility of the owner. The landowner assumes responsibility for any and all improvements placed within a utility easement at their own risk. Additionally, the provisions of this section do not permit or supercede the limits and restrictions prescribed by the conditions of any existing utility easement for alloving improvements to be place within utility easements. 35.21.5 Water Capacity Requirements Every development shall provide adequate water capacity for fire protection purposes. The procedure for determining fire flow requirements for building or portions of bi-ffldings here after constructed shall be in accordance with Appendix 111-A of the Uniform Fire Code. For any platted lot where the end use is not defined, the following standards shall apply: All fire flows to be calculated with twenty (20) pounds residual pressures. In addition to the fire flow requirements specified above, the development shall provide adequate water capacity to satisfy the following demand conditions: NM Subchapter 21 - .... — ................ — .............................. Development Code Peak day — Peak hour demand Peak day — Average demand plus fire flow The water system shall be designed in accordance with the City's Water Distribution System Master Plan and the design standards specified in the Water and Wastewater Design Criteria Manual Special and unique exceptions to the above standards may be made by the Planning and Zoning Commission after recommendation from the Public Utilities Board. 35.21.6 Sewer Capacity Requirements 1 11-1- ................... ............ ........................... . . ... ..... Sewer capacity required. The City reserves the right to prohibit any connection to the City sewer system when it is determined that a line or the system is overloaded. The City also reserves the right to prohibit any capacity to serve the sewer demand of the proposed development. The sanitary sewer system shall be designed in accordance with the Cit�'s Wastewater Collection Skxstem Master Plan and the desipn- standards sNecified in the Water and Wastewater Design Criteria Manual 35.21.7 Impact Fees 35.21.8 Tapping Fees .......................... ....... 1-1---- The water utilities department personnel shall make all connections to the existing water and sewer system. The fees charged to perform this work shall be paid for by the entity requesting this work. HMIRXNM�� Any water and sewer service connections that serve lots that connect to new water and sewer mains extended lines by the City. Any mainline taps or service line taps made on the existing water and sewer system owned and operated by the City shall be made by water utility personnel and paid for by the entity requesting this work. The fees schedule for all taps and meter loops shall be established annually by ordinance adopted by the City Council after recommendation by the Public Utilities Board. The fees shall be based upon the actual cost to install a given sized tap in a paved or unpaved area. These costs shall only reflect the average annual cost to perform the work, including equipment, materials and labor. All taps or other utility work performed by the water utilit�� depoartment personnel that do not have established fee schedules adopted by ordinance. the -fee wil be based upon the department's estimated cost of equipment, materials, labor plus administrative costs. All tap fees shall be paid for prior to the work being performed by the City. The Director of Water Utilities will be responsible for the development of administrative procedures to insure the collection of tapping fees in accordance with the provisions of this ordinance. EM Subchapter 21 .............. .................................... ............. ................................................ Development Code 35.21.9 Oversize Participation by the City ................................ -1 ................ . 11-- . ........ - "I'll -11-11.1---- ............... . .................... ................. A. The City reserves the right to require developers to install water mains, sewer lines and wastewater Eft stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive master plans for these utility systems. The City shall participate in the cost of such required oversize facilities. B. A developer may elect to install water mains, sewer lines and wastewater lift stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive master plans for these utility systems. Any developer who elects to oversize such facilities shall be entitled to reimbursement for the cost of the oversizing pursuant to a pro-rata agreement in accordance with this subchapter. 35.21.9.1 Basic Policy Oversized mains. The City may elect to participate in the oversizing of water and sewer mains, subject to fund availability and approval by the City Council. "Oversized mains" are defined as water mains over eight (8) inches and sewer mains over ten (10) inches which are required by the City for future system expansion and are not specifically required to provide service to the proposed development. e 577Mning or construcTon or any• developer and City shall enter into a written participation agreement. The City shall approve all oversized utility contracts for such construction of utilities prior to their execution by the developer. The agreement shall be in a form approved by the City. In addition to such other terms as may be necessary to carry out the provisions of this section, the agreement shall provide that if construction of the facility does not commence within one (1) year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties. The Director of Water Utilities or his designee shall determine the appropriate level of cost participation by the City based upon the incremental cost between the developer required facilities and the City's requested oversized facilities. This cost determination shall be based upon recent bids for similar facilities and/or cost estimates prepared by the City's engineering staff. If the City cannot justify the costs involved in ankii such contract where Ci[p funds or Nro rata r 7)lved. the Cii" shall have the uiction. and right to submit the project for sealed bids, and the developer shall pay his proportionate share of the acceptable low bid. Final approval of all oversize participation agreements between the City and the developer shall come from the City Council after recommendation from the Public Utilities Board unless the SL=k*ation amount is less than the expenditure level authorized by the City Manager. Final payment to the developer for oversize participation by the City shall occur within sixty (60) days of final acceptance of the installed facilities. 35.21.10 Pro-Rata Agreements Any developer who bears the cost of off -site water or sanitary sewer main extensions to a development or installs a lift station with excess ca id�acent thout Ci[p oversize �artjciLocation shall be entitled to reimbursement of the pro rata cost paid to the City, as provided below, for each user who extends a service line from the main or connects to the lift station within twenty (20) years from the date the facility is finally inspected and accepted by the City. 35.21.10.1 is Policy Pro rata charges for tapping mains extended by developer. The pro rata charges for tapping mains extended by the developer shall be as follows: A. Every person or developer applying for a tap of any water or sanitary sewer main which has been constructed under the terms of the developer extension requirements of this section or the City extension requirements of this section shall pay for the requested taps at the following rates: 219 Subchapter 21 ........................................................................ Development Code 1. Where a water or sewer main is located on a City street or county road and abuts and is accessible to separate platted tracts, the pro rata charge shall be sixty (60) percent of the average current per -foot cost of such main. 2. Where a water or sewer main is located on a state or federal highway and abuts and is accessible to separate platted tracts, the pro rata charge shall be one hundred (100) percent of the average current per -foot cost of such main. 3. Where a water or sewer main is located in a proper easement across an owner's property and where such easement does not abut a street or is not in any other way directly accessible to any separately owned tract, the pro rata charge shall be one hundred (100) percent of the average current per -foot cost of such main. The pro rata charge shall be based on the average current cost of similar projects with pipe of the same size up to eight -inch inside diameter water pipe and ten -inch diameter sewer pipe. AU pro rata charges shall be charged on a per -front -foot basis. B. The pro rata charge provided by this subsection shall be in addition to the usual tapping fee and to any other charges required by the City. C. The intent and purpose of this subsection is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property within the jurisdiction of the City. In cases where a property or a tract of land is so situated or shaped that the above front -foot charge creates an inequitable basis compared to other tracts of land of similar overall size, the Public Utilities Board shall determine the proper charge in accord with the intent and purpose of this subsection, and such determined charge may be lesser or greater than that by the front -foot basis. If more lots are to be served by the main than abut or contain it, then the charge shall be greater, as determined by the Public Utilities Board. No person shall acquire any vested right under the terms and provisions of this subsection, nor shall the City incur or assume any liability or obligation to expend or encumber tax or utility funds. No utility funds shall be spent or encumbered unless funds are available for such purpose, as determined by the Public Utilities Board, Reimbursement for lift stations or force mains. Reimbursement to developers for the cost of lift stations or force mains shall be as follows: A. Any developer who bears the cost of lift stations or force mains to serve a development shal be entitled to reimbursement for such costs from pro rata connection or use charges paid to the City, in accordance with this section, by any person who makes use of such lift stations or force mains within twenty (20) years of the date such facilities are accepted by the City. B. The maximum reimbursable cost paid to a developer by the City from pro rata charges colIected from persons connecting to the facilities constructed by a developer shall be based upon the cost of providing capacity for the facilities in excess of the capacity required or reserved by the developer to meet the requirements of the developer's property for which the facilities were installed, determined as follows: J' C 0' Reirnbursernent = - X ECAp3 Capac'itX�. 'Total cost of facility. 2Total capacity, in gallons per rrrinute (gprn) of the facility. 'Capacity, in gallons per rni autc (gpin), in excess of capacity reserved or required by developer's property. C. Reimbursement costs shall be payable to the developer within thirty (30) days of receipt of pro rata charges collected by the City. Uff Pro rata charges for use of sanitary sewer lift stations or force mains installed by developers. Persons connecting to or using sanitary sewer lift stations or force mains installed by a developer shall pay pro rata costs as follows: A. Every person who connects to or makes use of a sanitary sewer lift station or force main, the cost of which was incurred by a developer and for which a pro rata reimbursement agreement has been entered into between the City and such developer, shall, as a condition to such connection or use or continued use, pay to the City a pro rata cost charge based upon the use of the excess capacity of the facility, determined as follows: Avg. Daily Flow' X 1.52 x N3x Rate4 'Average daily flow —The projected average daily sewage flow from each building, structure or particular land use. For single- Fan-rdy residential buildings the projected average daily sewage flow of three hundred twelve and five -tenths (312,5) gallons per day (gpd) shall be used (based upon two and one-half (2.5) persons per building tiffres one hundred twenty-five (125) gpd). For other land uses, the projected average daily sewage flows shall be based upon the U.S. Environmental Protection Agency's or its successor agency's most recent listing of average sewerage flows for various land uses or facilities or any other national or state listing of such sewage news recognized in the utility industry, as determined appropriate by the director of public utilities. 11.5—Ratio of peak flow to average daily flow. IN—Nurnber of buildings, structures, units or particular land uses on which the projected average daily sew -age flows are based agate— The gallon per minute (gprn) cost of providing the sewage capacity used, determined as follows: Total Cost of Facility Total Capacity (gpm) 51440—The rninutcs in a twenty -four-hour day, lij. The intent of this subsection is to • for an equitable pro rata charge to • making use of hfi stations • • mains constructed under the • of this section based upon the average daily projected sewage flows and peak sewage flows of particular buildings, structures and land uses. C. In cases where the pro rata charge calculated in accordance with this subsection would not be equitable • the actual average daily sewage flow or • flow from a • building, structure or land use is much greater or smaller than the normal projected average daily flow or peak flow on which such pro rata charge is based, the Director of Water Utilities may, based • evidence of such greater • smaller actual daily sewage flow or peak flow, require a payment of a greater or smaller pro rata charge as a • to the connection to, use of • continued use of a lift station • • main which is subject to a pro rata reimbursement agreement. In such cases, the Assistant City Manager of Utilities shall give written notice to such • required to make such pro rata payment • the basis for the actual pro rata charge, and such person may, within thirty (30) days thereafter, appeal such • to the Public Utilities Board. The board shall, within a reasonable time thereafter, make a determination of the actual pro rata charge to • assessed and • Prior • beginning of construction of any facility for which pro rata reimbursement is provided for herein, the developer shall enter into a pro rata reimbursement agreement with the City. The agreement shall be in a form approved by the City. In addition to such other terms as may be necessary to carry out the provisions of this section, the agreement shall provide that if construction of the facility does not commence within one (1) year of the date of the agreement, it shall terminate, unless a written • thereof is approved by both • IN Subchapter 21 H�`....... .... * velo'pm'e"WE��e ................................................................................................................................................................................................................. Pro rata reimbursement payments shall be made by the City to the person who paid the cost of the main or his assignee, and no other person shall be entitled to payment under the terms of this subsection. The pro rata charges shall be determined and established at least annually by the Director of Water Utilities or his designee based upon the average cost of recent similar water and sewer line installations. The reimbursement shall be payable within thirty (30) days of its receipt by the City. All pro rata agreements shall be reviewed and approved by the Director of Water Utilities. Final approval of pro rata agreements will be by the City Council after recommendation by the Public Utilities Board or by the City Manager if this authority is delegated to him/her by the City Council. 35.21. 11 Alternative Water and Sewer Facilities All developments within the jurisdiction of the City shall be required to have approved water supply and sanitar7 sewera e facilities and shall be reguired to connect to the Civy facilities unless alternative arrangements have been approved by the City according to the following standards and procedures: Alternative water and sewer systems will be considered for developments that are located in areas that are impractical or economically infeasible to connect to the City's centralized water distribution and/or wastewater collection system. The key factors that will be evaluated to determine the City's acceptance of these alternative water and sewer systems are: A. General compliance with the City's comprehensive land use plan and water distribution and/or wastewater collection system master plans. B. The severity of the economic difference between the collective costs of the alternative water and/or sewage disposal systems necessary to serve the entire development and the costs to extend water and/or wastewater lines to the development. C. The suitability of the soil conditions, topography and other environmental factors effecting the development for the installation of the individual on -site sewage disposal systems. D. The total number of lots, size of lots and overall density of the development. E. The impact on surrounding properties and environmentally sensitive areas adjacent to the development and the availability of buffer areas. F. The impact on surrounding properties ability to develop with suitable access to water and/or sanitary sewer facilities. Al alternative water and sewer systems must be approved by the Director of Water Utilities and the Ci7 Council after recommendation by the Public Utilities Board. All alternative systems shall be designed and operated in strict compliance with all applicable permits, ordinances, regulatory guidance and regulations including the EPA, TNRCC, Texas Health Department and the City. Alternative water and sewer systems will be considered for developments under the following criteria: R1*4• Developments may be approved with individual water well facilities according to the following criteria: A. Water well operation and quality meet the minimum requirements of the TNRCC and the provisions of the City Code. B. Water wells are not utilized in any commercial sale of the water. C. Cost to tic onto the City water system, less impact fees, exceeds the certified initial capital cost of a well. Subchapter 21 ............................ ....... Development Code D. An applicant for approval of an individual water well shall submit the following evidence to the Director of Water Utilities: 1. Water Well application; 2. Water quality tests; 3. Affidavits stating that no more than three (3) families will use the well and/or the well water will not be used in any commercial sales; and 4. Certified cost estimate of well installation. 35.21.11.4 Private Water Systems In areas where development requires water services for more than a single facility and the cost of extending and tying onto the City system is prohibitive, privately owned water facilities may be considered and approved by the City according to the following general criteria: A. The cost to de onto the City system would be significantly greater than the proposed alternative. B. The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all City, state and federal health and water quality standards. C. The sizing and material quality of all facilities will meet the City standards. Provisions shall be made to design the water system to provide adequate fire protection for the development in accordance with the design criteria established by the City. D. Perpetual private maintenance is guaranteed by such means as a homeowner's association, bonds or other means approved by the City Attorney. E. Operators of the system will be certified by the TNRCC. F. The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards. G. The review and approval procedures for such private water system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in this article, except for applications under these alternative water facilities proposals, which shall first require review and recommendation from the Public Utilities Board and final concurrence from the City Council. H. The City may accept existing or annexed private water systems for operation and maintenance when the City's water lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private system shall be dedicated to the City at no cost. I. Prior to such acceptance by the City, such water lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. If water lines and facilities are not according to City standards, a per - lineal -foot pro rata charge shall be assessed to the users of such system for installation of these new facilities or will be on a per -lineal -foot, actual -cost basis for upgrading or repairing the existing facilities to meet City standards. A. Utilizing Private Water Well. of two (2) acres when a private water well is located on the legal tract and a single family dwelling, commercial, or institutional building utilizes an on -site sewage facility. Environmental protection must be demonstrated on the on -site sewage facility plan when the land tract is in a flood plain or floodway. M, B. Utilizing Public Water System. •I 1 11 •'i 11- - L le I of one (1) acre when a single family dwelling, commercial, or institutional building utilizes either a surface or sub -surface drainfield system. Environmental protection must be demonstrated on the on -site sewage facility plan when the land tract is in a flood plain or floodway. 7 L impractical or economically infeasible to connect to the City's centralized wastewater collection system. The key factors that will be evaluated to determine the City's acceptance of these alternative individual on -site sewage disposal systems are: A. General compliance with the City's comprehensive land use plan and wastewater collection system master plans. B. The severity of the economic difference between the collective costs of all of the individual on -site sewage disposal systems necessary to serve the entire development and the costs to extend wastewater lines to the development. C. The suitability of the soil conditions, topography and other environmental factors effecting the development for the installation of the individual on -site sewage disposal systems. D. The total number of lots, size of lots and overall density of the development. E. The impact on surrounding properties and environmentally sensitive areas adjacent to the development and the availability of buffer areas. F. The impact on surrounding properties ability to develop with suitable access to sanitary sewer facilities. G. Review of subdivision or development plans. Before the permit process for individual on -site sewage facilities can begin, persons proposing residential subdivisions, manufactured housing communities, multi- unit residential developments, business parks or other similar uses and using on -site sewage facilities for sewage disposal shall submit planning materials for these developments to the City of Denton. The planning materials shall be prepared by a professional engineer or professional sanitarian and shall include an overall site plan, topographic snap, 100-year floodplain map, soil survey, location of water wells, locations of casements as identified in Texas Administrative Code Title 30 Chapter 285, and a complete report detailing the types of on -site sewage facilities to be considered and their compatibility with area wide drainage and groundwater. A comprehensive drainage plan shall also be included in these planning materials. Developments may be approved with individual on -site sewage facility systems according to the following criteria: 1. The premises upon which such structure is located is more than six hundred (600) feet from any City sanitary main. The distance shall be measured as the straight-line horizontal distance between the end of the existing City sanitary sewer main to the nearest property boundary of the lot to be served. 2. The Director of Water Utilities certifies in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible; and 3. The operation of a on -site sewage facility is feasible on the premises and will meet the standards and requirements of this Chapter. All other installations of on -site sewage facility shall be unlawful within the City or the extraterritorial jurisdiction. M1 B. On -site sewage facilities shall be installed in accordance with the standards established by the state department of health and the design criteria adopted by the City. C. An applicant for approval of an individual septic tank shall submit the following evidence to the Director of Water Utilities: 1. 1\/Iap and statement of justification; 2. Affidavits that no more than one (1) residence, commercial or industrial facility shall be utilizing such on -site sewage facility; 3. A site evaluation and construction plan of the on -site sewage facility system prepared by a registered professional engineer or registered professional sanitarian; and 4. Affidavit of the results of the percolation tests. Upon review of this evidence, the Director of Water Utilities may issue a on -site sewage facility permit. Developments may be approved with individual aerobic treatment systems according to the following criteria: A. An individual aerobic treatment system with effluent disposal may be installed to serve an individual residence, commercial or industrial facility if: 1. The premises upon which such structure is located is more than six hundred (600) feet from any City sanitary main; 2. The Director of Water Utilities certifies in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible; and 3. The operation of an -aerobic treatment system is feasible on the premises and win meet the standards and requirements of this Chapter. All other installations of on -site sewage facilities shall be unlawful within the City or the extraterritorial jurisdiction. B. Individual aerobic treatment systems with effluent disposal shall be installed in accordance with the standards established by the TNRCC and the design criteria adopted by the City. C. An applicant for approval of an individual septic tank shall submit the following evidence to the Director of Water Utilities: 2. Affidavits that no more than one (1) residence, commercial or industrial facility shall be utilizing such aerobic treatment system; 3. A plan of the aerobic treatment system prepared by a registered professional engineer or registered professional sanitarian. Upon review of this evidence, the Director of Water Utilities may issue a permit for the individual aerobic treatment system. 35.21.11.5.4 Wastewater Treatment Systems In areas where development requires water services for more than a single facility and the cost of extending and tying onto the City system is prohibitive public or, privately owned facilities may be considered and approved by the City according to the following general criteria: A. The cost to tic onto the City system, less impact fees, would be significantly greater than the proposed alternative. ME Subchapter 21 ......................................................... — ...... ..................... Development Code B. The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all City, state and federal health and water quality standards. C. The sizing and material quality of all facilities will meet the City standards. D. Perpetual private maintenance is guaranteed by such means as a homeowner's association, bonds or other means approved by the City Attorney. E. Operators of the system will be certified by TNRCC. F. The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards. G. The review and approval procedures for such wastewater treatment system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in this article, except for applications under these alternative water and sewer facilities proposals, which shall first require review and recommendation from the Public Utilities Board and final concurrence from the City Council. H. The City may accept existing or annexed private wastewater treatment system for operation and maintenance when the City's sewer lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private system shall be dedicated to the City at no cost. F. Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and - evaluated as to standards, adequacy, condition, etc. If sewer lines and facilities are not according to City standards, a per -lineal -foot pro rata charge shall be assessed to the users of such system for installation of these new facilities of: will be on a per -lineal -foot, actual -cost basis for upgrading or repairing the existing facilities to meet City standards. Connections to sanitary sewer extensions required upon notice. Whenever the City sanitary sewer system is extended to within five hundred (500) feet of any lot or parcel of land within the corporate limits of the City where a septic tank, dry closet or privy vault exists, the owner or occupant of each premises shall abate such septic tank, dry closet or privy and shall construct a suitable water closet upon such premises and connect the water closet with the City sanitary sewer main within forty-five (45) days after written notice to do so from the City health officer unless he can show by county health certificate that his current system is functioning in a sound and safe manner. He shall further be required to have these facilities re -certified every two (2) years. 35.21.12 Plans and Specifications The developer shall provide the City with all plans and specifications for all water and wastewater facilities necessary to service the proposed development. All water and wastewater facilities necessary to support a proposed development shall be designed by a professional engineer licensed in the State of Texas. Plans and specifications shall be prepared and submitted for review and approval prior to final acceptance and approval of the final plat. Plans and specifications shall conform to the criteria contained in the Water and Wastewater Design Criteria Manual. The developer's engineer shall prepare construction plans for all water and wastewater facilities required to serve the development. The construction plans shall be prepared by a professional engineer licensed in the State of Texas and shall be signed and sealed in accordance with the criteria outlined by the State Board of Registration for Professional Engineers prior to submittal to the City for review, approval or construction purposes. The construction plans shall be prepared in accordance with the standards outlined in the Water and Wastewater Desipgn Criteria Manual and shall be available on electronic media tmiess otherwise a!zsroved by the water utility department. 1M Subchapter 21 ................ .............................. ...... ............................ ....... . . ......... Development Code 35.21.12.3 As Built Drawings After the construction has been completed and prior to acceptance of the facilities by the City, the construction plans shall be modified to reflect As -Built conditions and be submitted to the City. ON Subchapter 22 Development Code Subchapter 22 — Gas Well Drilling and Production Sections: 35.22.1 Purpose. 35.22.2 Definitions. 35.22.3 Gas Well Drilling and Production "By Right". 35.22.4 Gas Well Drilling and Production by Specific Use Permit or Planned Development Zoning District; Application and Requirements. 35.22.5 Standards for Gas Well Drilling and Production. 35.22.6 DRC Recommendations for Specific Use Permits and Planned Development Zoning Districts. 35.22.7 Gas Well Permit Required. 35.22.8 Insurance and Indemnification. 35.22.9 Security. 35.22.10 Review of Application for Gas Well Permit. 35.22.11 Periodic Reports. 35.22.12 Notice of Activities. 35.22.13 Amended Gas Well Permits. 35.22.14 Transfer of Gas Well Permits. 35.22.15 Remedies of the City. 35.22.16 Enforcement, Right of Entry. 35.22.1 Purpose. ne a Mg anT ?roctuculn T prevent imminent destruction of property or injury to persons and to make these activities conform to the Denton Plan and development regulations. This Subchapter implements reasonable regulations to protect the health, safety, and general welfare of the public and to accomplish the orderly and practical development of mineral resources. 35.22.2 Definitions. ............... . . .................... All technical industry words or phrases related to the drilling and production of gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this Subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandonment. "Abandonment" as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Subchapter. Drilling. Any digging or boring of a new well to develop or produce gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned Exploration. Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub -surface hydrocarbons. Fracturing. The use of stimulants injected into a gas well to split or fracture the formation to improve the productivity of the gas well. 9% Subchapter 22 ................................................. Development Code Gas Well. Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code. Gas Well Permit. A Gas Well Permit applied for and issued or denied under this Subchapter authorizing the drilling, production, and operation of one or more gas wells. Hazardous Materials Management Plan. The hazardous materials management plan and hazardous materials inventor), statements required by the Fire Code, New Well. A new well bore or new hole established at the ground surface and shall not include the re- working of an existing well that has not been abandoned. Operation Site. The area used for development and production and all related operational activities of gas after drilling activities are complete. Operator. For each well, the person fisted on the Railroad Commission Form W-1 or Form P-4 for a gas well. Petroleum Specialist. A person familiar with and educated in the oil and gas industry who has been retained by the City. Well. A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons. 35.22.3 Gas Well Drilling and Production "By Right' . A. The drilling and production of gas within the corporate Emits of the City shall be permitted by right within the Rural Residential (RD-5), Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC-N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC -I), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts provided that no residential structure or place of assembly, institution or school exists no closer than five hundred feet (500') from the wellhead or within a previously platted residential subdivision where one or more lots have structures and provided that the drilling and production of gas meets the following requirements: 1. All applicable standards forth in Section 35.22.5, Standard Conditions for Gas Well Drilling and Production. 2. An approved Gas Well Development Plat and a Road Repair Agreement are on file with the Director. 3. A Gas Well Permit has been issued by the Fire Marshal. B. 'The driEng and production of gas within the corporate limits • the City shall be permitted byright within the Rural Residential (RD-5), Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC-N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC-1), Industrial Center • (IC-E) and Industrial Center General (IC-G) Zoning Districts if the property owner of a residential structure within two hundred and fifty feet (250') to five hundred feet (500') of the wellhead agrees in • and provided that the drilling and production • gas meets the requirements of Section 35.22.3.A.l. through. 3 and other requirements of this subchapter. 35.22.4 Gas Well Drilling and Production by Specific Use Permit or Planned Development Zoning District; Application and Requirements. ----------------- 9E Subchapter 22 Development Code first obtaining either a Specific Use Permit as required by this Subchapter or unless permitted within a Planned Development Zoning District unless drilling is permitted by right pursuant to Section 35.22.3. application for a Specific Use Permit or Planned Development Zoning District for the drilling and production of a gas well shall be filed by the person having legal authority. That person is presumed to be the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral owner. The Chairman of the DRC may require an applicant to submit information of authority to file an application. C. The Chairman of the DRC has the authority to establish requirements for applications in the Application Criteria Manual. No application shall be accepted for filing until it is complete and the fee established by the City Council of the City of Denton has been paid. Incomplete applications shall be returned less a fee for processing determined by the Director of Planning and Development. 35.22.5 Standards for Gas Well Drilling and Production. .......... ........... A. The drilling and production of a gas well by right or the drilling and production of a gas well by a Specific Use Permit or Planned Development Zoning District required by this Subchapter shall include the following standards: 1. Compliance with the Development Plat. No drilling or production of a gas well shall be until a Gas Well Development Plat that has been approved by the Chairman of the DRC is on file with the Department that conforms to the requirements of Section 35.16.20, Gas Well Development Plats. a. The gas well development plat shall provide for adequate public facilities, including water supply, access roads, drainage, erosion control and other necessary supporting facilities identified on the Gas Well Development Plat. b. The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. C. A Road Repair Agreement shall be filed in the Department of Engineering. 2. On -site requirements. a. A secured entrance gate shall be required. Street lighting shall be required pursuant to Section 26-76 of the Utility Code of the Code of the City of Denton, Texas or the sign identifying the entrance to the drill site or operation site shall be reflective. b. Fences shall not be required on drill sites during initial drilling, completion, or re -work operations as long as 24 hour on site supervision is provided. C. Fences located on operation sites must remain locked at all times when no one is present. d. No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. Gas Processing Facilities shall require a Specific Use Permit. e. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four inch (4") lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (911), the number for the operator, and the well designation required by the Railroad Commission in two inch (2") lettering. f. No person shall place, deposit, or discharge (or cause or permit to be placed, deposited, or discharged) any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, including wastewater or brine, from any gas operation or the contents of any container used in 231 Subchapter 22 ............ Development Code connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the City. g. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. h. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding areas or subdivision. i. All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. j. No operator shall excavate or construct any lines for the conveyance of fuel, water, or minerals on, under, or through the streets or alleys or other land of the City without an easement or right- of-way license from the City, at a price to be agreed upon, and then only in strict compliance with this Subchapter, with other ordinances of the City, and with the specifications established by the Engineering Department. k. The digging up, breaking, excavating, tunneling, undermining, breaking up, • • • any • street or leaving upon any public street any earth • other material or obstruction, is prohibited unless the operator has first obtained written permission from the Engineering Department, and then only in • with specifications established by the department. ii. 110 Gas Wel permit shal be issued for any well to be dri1ed within an), of the streets or aleys of the City and/or streets or alleys shown by the Denton Plan, 1999-2020 and no street shall be blocked or encumbered or closed due to any exploration, drilling, of production activities unless prior consent is obtained by the City Manager, and then only temporarily. a. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. a • - 1 0 • 9 �j mmsru I a elm um 4141141111-2 1111 1191341121'"1111YA Is 111"W" IN 111111 a 0 14119- 11 11 C. The operator shall at all times comply with the rules and regulations of the Railroad Commission including • not limited to all applicable Field Rules. d. Internal combustion engines may be used in drilling operations if they have mufflers that will reduce noise to not more than 90 decibels at any point 300 feet from the boundary of the drill site or operation site. Only electric motors shall be used for the purpose of pumping gas wells. c. There shall be no venting of gas into the open air in residential areas except as allowed by the Railroad Commission and as approved by the Fire Marshal. f. Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site (or on any public street, alley, driveway, or other public right-of-way) in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Only Light Sand Fracture Technology or technologies approved by the Fire Marshal in accordance with the Fire Code City shall be used to fracture stimulate a well. h. Fracing operation shall be scheduled to occur during daylight hours unless the Operator has notified the Fire Marshal that fracing will occur before or after daylight hours to meet safety recliurements. •• � ON Subchapter 22 ........... .......... . ..... 11. .......... Development Code 4. Storage tanks and separators. a. An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the typical well site, typical drilling pad, and typical pad site locations on the development plat approved by the Chairman of the DRC. b. The use of centralized tank batteries is permitted as shown on the applicable Gas Well Development Plat. c. No meters, storage tanks, separation facilities, or other aboveground facilities shall be placed in the 100-year floodplain. 5. Flow lines and gathering lines. a. Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road. b. Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as required by the Railroad Commission. C. All flow lines and gathering lines within the corporate limits of the City (excluding City utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. d. Structures shall not be built over flow lines or gathering lines. 6. Additional safety and environmental requirements. a. The drilling and production of gas and accessing the gas well site shall be in compliance with all state and federal environmental regulations and shall not occur within Environmentally Sensitive Areas as shown on the Map adopted by the City without the consent of the City Council. b. Gas wells may have a target location or bottom -hole location that is under an Environmentally Sensitive Area when the gas well is drilled directionally from a location outside the Environmentally Sensitive Area. c. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. d. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank e. All storage tanks shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one-half (1 '/2) times the contents of the largest tank in accordance with the Fire Code, and buried at least one foot (1') below the surface. Drip pots shall be provided at pump out connection to contain the liquids from the storage tank. f. Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system. g. A Hazardous Materials Management Plan shall be on file with the Fire Marshal. h. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be cut and removed to a depth of at least ten feet (10') below the surface unless the surface owner submits a written agreement otherwise. Three feet (Y) shall be the minimum depth. • ! � .� • 11� WN Subchapter 22 ---- . ................................................................... Development Code k. Lining the reserve pit shall be required if the reserve pit is within two hundred feet (200)' of a body of water, creek, or floodplain. 000��» a. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable Specific Use Permit or Planned Development Zoning District or underlying zoning classification that permits gas development by right. The operator shall provide the Fire Marshal a cop), of additional Railroad Commission permits that allow drilling to a deeper depth. b. Supplemental drilling to deepen or directional drill an existing well shall be conducted accordance with the approved Gas Well Permit for the well on file with the Fire Marshal. B. Drilling and production of gas wells shall comply with all federal, state, and local laws applicable to gas well drilling, production and operations. 35.22.6 DRC Recommendations for Specific Use Permits and Planned Development Zoning Districts. A. The Department shall forward all applications for Specific Use Permits and Planned Development Zoning Districts to the DRC for review. The DRC shall review each application within 30 days after filing and shall make recommendations regarding the applications to the Planning and Zoning Commission and City Council. A copy of all recommendations shall be provided to the operator. The DRC may make recommendations regarding any aspect of the proposed gas well development including, but not limited to, recommendations with respect to the standards set forth in Section 35.22.5. B. In connection with its review of an application for a Specific Use Permit or Planned Development Zoning District for the drilling and production of gas wells, the DRC may determine that it is necessary to hire a petroleum specialist to assist the DRC in reviewing the application. If such a determination is made, the DRC will provide the operator a written "scope of work" that the DRC proposes for such specialist. The DRC and the operator will attempt to agree upon the "scope of work"; however, the decision of the DRC shall control. If required by the specialist, the operator will provide a retainer; otherwise, the operator will pay for the services of the specialist after they are rendered. All work performed by the specialist shall be itemized on a daily basis (including a description of the work and the amount of time spent), and such itemization shall be provided to the operator with each request for payment. C. The DRC has the authority to establish guidelines to use in making recommendations for Gas Well Permits or by Specific Use Permit or Planned Development Zoning Districts. Guidelines shall be placed in the Application Criteria Manual. 35.22.7 Gas Well Permit Required. A. Any person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall not engage in the drilling and production of gas wells within the corporate limits of the City without first obtaining a Gas Well Permit issued under this Subchapter. An operator may apply for and obtain a separate permit covering each well or a "blanket" permit covering multiple wells. B. When a Gas Well Permit has been issued covering a well, the permit shall constitute authorit�y for drilling, operation, production, gathering of production, maintenance, repair, re -working, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any oorized by this Subchapter associated with drilling or production by the operator and their respective employees, agents, and contractors. A Gas Well Permit shall also constitute authority for the construction and use of all facilities reasonabonvenient in connection therewith, including gathering lines and discharge lines, by the operator and its respective employees, agents, contractors and subcontractors. NM Subchapter 22 ................. ............ Development Code C. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub -surface hydrocarbons. D. Any well that has been annexed into the City shall be required to meet the requirements of this Subchapter and shall apply for a Gas Well Permit on the effective date of the annexation. Any well that has obtained a Gas Well Permit issued by the Fire Marshal prior to the effective date of this Subchapter shall provide all information required for Gas Well Permits under this Subchapter unless the information has been previously provided to the Fire Marshal. Gas Well Permits issued by the Fire Marshal prior to the effective date of this Subchapter shall comply with the following requirements: 1. Standards for Gas Well Drilling and Production requirements of Section 35.22.5. 2. Insurance and Security requirements of Section 35.22.8 and Section 35.22.9. 3. Periodic reports as required by Section 35.22.11. 4. Road Maintenance Agreement unless already provided. E. A Gas Well Permit shall not, however, constitute authority for the re-entering and drilling of an abandoned well. Re-entry and drilling of an abandoned well shall require a new Gas Well Permit, F. Applications for Gas Well Permits shall be in writing, shall be on forms provided by the Department, shall be signed by the Operator, shall include the application fee, shall include a copy of the applicable Specific Use Permit or Planned Development Zoning District or Development Plat, and shall include the information required by the Application Criteria Manual unless such information has been previously provided to the City, 35.22.8 Insurance and Indemnification. The operator shall provide or cause to be provided the insurance described below for each well for which a Gas Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a "blanket basis for multiple wells". Such coverage shall be approved by the Risk Manager for the City of Denton. Each Gas Well Permit issued by the Fire Marshal shall include the following language: Operator doqM and executions whicP it ever had, or now have or may have, or assigns may have, or claim to have, against the City Denton, and/,or its devartments, at� Qfficua aervants. successors, ors. volunteci or employees, created by, or arising out of personal injuries, known or unknown, and injuries property, real or personal, or in any way incidental to or in connection with the performance of -w#vk -fye�dl 'iy-tk-c that sequence of events which occur from the operator under the Gas Well Permit and wo performed by the operator shall fully defend, protect, indemnify, and hold harmless the City Denton, Texas, and/or its departments, agents, officers, servants, employees, successors, assi sponsors, or volunteers from and against each and every claim, demand, or cause of action and a and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expens incurred in defense of the City of Denton, Texas, and/or its departments, agents, officers, servants, employees, including, without limitation, personal injuries and death in connection therewith whi may be made or asserted by Operator, its agents, assigns, or any third parties on account of, aris' out of, or in any way incidental to or in connection with the performance of the work performed the Operator under a Gas Well Permit and, the Operator agrees to indemnify and hold harmless t City of Denton, Texas, and/or its departments, and/or its officers, agents, servants, employe t successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a resull NE Subchapter 22 ...................................................................................................... Development Code employees,claims, demands, costs, or judgments against the City and/or, its departments, it's officers, agents, servants, or operationoccurring on the drill site or « scope of inspecting and permitting WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF DENTON OCCURRNG ON THE DRILL SITE gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN OPERATION SITE IN THE COURSE AND SCOPE UNDERSTOODOF INSPECTING AND PERAIITTING THE GAS WELLS. IT IS AGREED MINITY PROVIDED FOR IN THIS SECTION IS AN a...:. ■ EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE DEPARTMENTS,CITY OF DENTON, TEXAS AND/OR ITS SERVANTS, OR EMPLOYES FROM THE CONSEQUENCES OF THENEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/C)R ITS DEPARTMENTS, AGENTS, OFFICERS, E, EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR DAMAGE. CONTRIBUTING CAUSE OF THE ! COURSELIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE ` ! SCOPE OF ITS!AUTY TO INSPECT AND PERMIT THE GAS WELL IS ! TO THE UNDERTVIAXIIVIUM AMOUNT OF RECOVERY THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not be cancelled or non -renewed without 30 days advanced written notice to the owner and the City except when this policy is being cancelled for nonpayment of premium, in which case 10 days advance written notice is required". 3. Liability policies shall be written by carriers licensed to do business in Texas and with companies with A: VIII or better rating in accordance with the current Best Ivey Rating Guide, or with nonadmitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the City and its officials, agents, employees, and volunteers. 5. Certificates of insurance must be presented to the City evidencing all coverage's and endorsements required by this Section 35.22.8, and the acceptance of a certificate without the required limits and/ot coverage's shall not be deemed a waiver of these requirements, 6. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Subchapter. 1. Commercial General Liability Insurance. a. Coverage should be o PropertyInjury and Damage. This coverage must include premises,« explosion,. operations,«underground Environmentaldamage, broad form property damage, independent contractors protective liability and personal Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If !Pollution)on policybasis, the provide •precedes the issuance of permit. Coverage shall apply«den and non -sudden pollution conditions escaperesulting from the of liquids or gases, waste material or other irritants, contaminants or pollutants. 2. Automobile Liability Insurance. Minimum 'mum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non -owned, and hired vehicles. im Subchapter 22 ................. 11 ...... ----- Development Code 3. Worker's Compensation Insurance. In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least $100,000 for each accident, $100,000 for each employee, and a $500,000 policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the operator. 4. Excess (or Umbrella) Liability Insurance. Mimmurn it of $10,000,000 covering in excess of the preceding insurance policies. 5. Control of Well Insurance. b. Policy shall cover the Cost of controlling a well that is out of control, Re -drilling or Restoration expenses, Seepage and Pollution Damage, Damage to Property in the Operator's Care, Custody, and Control with a sub -limit of $500,000 may be added. 35.22.9 Security. ......................... .. A. A security instrument that covers each well must be delivered to the Fire Marshal before the issuance of the Gas Well Permit for the well. The instrument must provide that it cannot be cancelled without at least thirty 30 days' prior written notice to the City and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten 10 days' prior written notice for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: 1. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the Gas Well Permit; 2. Comply with the insurance and security provisions set forth in Section 35.22.8 and Section 35.22.9; and B. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the City. The instrument shall run to the City for the benefit of the City, shall become effective on or before the date the Gas Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. C. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in Denton County, Texas, shall be approved by the City, shall be payable to the order of the City to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the Director of Planning and Community Development. Interest on the certificate shall be payable to the operator. D. The security instrument may be provided for individual wells or on a "blanket" basis for multiple wells. The amount of the security shall be a minimum of $50,000 for any single well and a minimum of $100,000 for multiple wells on a "blanket" basis. E. The security will terminate when the Gas Well Permit is transferred, with respect to the operator - transferor and if the operator -transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the Fire Marshal consents in writing to such termination. F. An appeal of the determination of the amount of security required under this Subchapter may be made to the Planning and Zoning Commission for recommendation to the City Council for final determination of the amount of security. NM lar-afrMaDJOHINI 35.22. 10 Review Of Applications For Gas Well Permit A. All applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the DRC for review. Incomplete applications shah be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by the Director. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. B. The DRC shall review each application within 15 days after filing and shall determine whether the application includes all of the information required by this Suhchapter, whether the application is in conformance with the applicable Gas Well Development Plat, applicable Specific Use Permit or Planned Development Zoning District and whether the application is in conformance with the insurance and security requirements set forth in Section 35.22.8 and Section 35.22.9 of this Subchapter. The DRC shall forward a written report regarding its determination to the Fire Marshal, with a copy provided to the operator. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within 10 days unless he determines that the application is incomplete or that the application is not in conformance with the applicable Gas Well Development Plat, applicable Specific Use Permit, Planned Development Zoning District. The Fire Marshal may employ a technical advisor unicr the Fire Code. D. The Fire Marshal may condition the release of the approved Gas Well Permit upon the operator providing the security required by Section 35.22.9 of this Subchaptet and upon the operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved Gas Well Permit. E. The failure of the DRC or the Fire Marshal to review and issue a Gas Well Permit within the time limits specified above shall not cause the application for the permit to be deemed approved. F. Each Gas Well Permit issued by the Fire Marshal shall: 1. Identify the name of each well and its operator; 2. Specify the date on which the Fire Marshal issued each permit; 3. Specify the date by which drilling must commence on at least one well covered by the permit otherwise the permit expires (such date shall not be less than one year after the date of issuance). A one year extension of time may be granted if existing conditions are the same; 4. Specify that if drilling is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site restored; 5. Incorporate, by reference, the insurance and security requirements set forth in Section 35.22.8 and Section 35.22.9 of this Subchapter; 6. Incorporate, by reference, the requirement for periodic reports set forth in Section 35.22.11 of this Subchapter and for Notice of Activities set forth in Section 35.22.12; 7. Incorporate the full text of the release of liability provisions set forth in Section 35.22.8.5.A of this Subchapter; S. Incorporate, by reference, the conditions of the applicable Development Plat, applicable Specific Use Permit or Planned Development Zoning District; 9. Incorporate, by reference, the information contained in the permit application; WKS Subchapter 22 ... . . .............................................................. ,_.1.1.1 ..................... ........................ . ... ____ Development Code 10. Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable "field rules",- 11. Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by Section 35.22.9 of this Subchapter; 12. Contain the name, address, and phone number of the person designated to receive notices from the City, which person must be a resident of Texas that can be served in person of by registered or certified mail; and G. The decision of the Fire Marshal to deny an • for a Gas Well Permit shall • provided to the operator in writing within 10 days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the Construction Review Board. H. If an application for a Gas Well Permit is denied by the Fire Marshal, nothing herein contained shall prevent a new permit application from being submitted to the City for the same well. 35.22.11 Periodic Reports. A. The operator shall notify the Fire Marshal of any changes to the following information immediately, within one business day after the change occurs. 1. The name, address, and phone number of the operator; 2. The name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities; 3. The name, address, and phone number of the person designated to receive notices from the City, which person must a resident of Texas that can be served in person or by registered or certified mail; and 4. The operator's Emergency Action Response Plan including "drive -to -maps" from public rights -of - way to each drill site. B. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Railroad Commission or any other state or federal agency within 30 days after the operator has notice of the existence of such reports or complaints. C. Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the Fire Marshal that the well has been abandoned and the site restored, the operator shall prepare a written report to the Fire Marshal identifying any changes to the information that was included in the application for the applicable Gas Well permit that have not been previously reported to the City. 35.22.12 Notice of Activities. A. Any person who intends to re -work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the City at least 10 days before the activities begin. B. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. C, The notice must also provide the address and 24-hour phone number of the person conducting the activities. M• Subchapter 22 .......... — ..... ....... ............... ....... Development Code D. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities. E. If the City determines that an inspection by the Fire Marshal is necessary, the operator will pay the City's customary charge for the inspection. 35.22.13 Amended Gas Well Permits. A. An operator may submit an application to the Fire Marshal to amend an existing Gas Well Permit to commence drifling from a new drill site that is not shown on (or incorporated by reference as part of} the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit. B. Applications for amended Gas Well Permits shall be in writing, shall be on forms provided by the Department of Planning and Development, shall be signed by the operator, and shall include the following: lumm�� 3. Any changes to the information submitted with the application for the existing Gas Well Permit (if such information has not previously been provided to the City); 4. Such additional information as is reasonably required by the Fire Marshal to demonstrate compliance with the applicable Development Plat, applicable Specific Use Per or Planned Development Zoning District; and 5. Such additional information as is reasonably required by the Fire Marshal to prevent imminent destruction of property or injury to persons. C. All applications for amended Gas Well Permits shall be filed with the Department of Planning and Development, and the department shall immediately forward all applications to the Fire Marshal for review. Incomplete applications may be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies; however, the City may retain a processing fee as determined by the Fire Marshal. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Plat, applicable Specific Use Permit, Planned Development Zoning District, then the Fire Marshal shall approve the amendment within 10 days after the application is filed. 1---. If the activities proposed by the amendment are materially different from the activities covered by the existing Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Plat, applicable Specific Use Permit or Planned Development Zoning District, then the Fire Marshal shall approve the amendment within 30 days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Nlarshal. may require the amendment to be processed as a new Gas Well Permit application. F. The failure of the Fire Marshal to review and issue an amended Gas Well Permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. G. The decision of the Fire Marshal to deny an amendment to a Gas Well Permit shall be provided to the operator in writing within 10 days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the City Coinicil. am Subchapter 22 Development*' ",... ...'—.... Code de,... 35.22.14 Transfer of Gas Well Permits. A Gas Well Permit may be transferred by the operator without the consent of the City if the transfer is in writing signed by both parties, if the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the City as part of the application for the transferred permit is updated to reflect any changes, if the transferee provides the insurance and security rexuired N9 Section 35.22.8 and Section 35,22.9. The insurance and seen '1 Xrovided bp the transferor shall be released if a copy of the written transfer is provided to the City. The transfer shall not relieve the transferor from any liability to the City arising out of any activities conducted prior to the transfer. 35.22.14 Remedies of the City. A. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fads to comply with any requirement of a Gas Well Permit (including any requirement incorporated by reference as part of the permit), the Fire Marshal shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports. The Fire Marshal may issue a Stop Work Order under the Fire Code. B. If the operator does not cure the alleged failure within the time specified by the Fire Marshal, the Fire Marshal may notify the Railroad Commission and request that the Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the City may pursue any other remedy available under this Subchapter, C. If the operator does not cure the alleged failure within the time specified by the Fire Marshal, the Fire Marshal may upon recommendation of the Construction Advisory Board: 1. Recommend to the City Council that the Gas Well Permit be suspended until the alleged failure is cured; or, 2. If the operator fails to initiate and diligently pursue a cure recommend to the City Council that the Gas Well Permit be revoked. D. The decision of the Fire Marshal to recommend suspension or revocation of a Gas Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the City Council. E. If a Gas Well Permit is revoked, the operator may submit an application a new Gas Well Permit for the same well. 35.22.15 Enforcements, Right of Entry. .............. The Fire Marshal is authorized and directed to enforce dus Subchapter and the provisions of any Gas Well Permit. Whenever necessary to enforce any provision of this Subchapter or a Gas Well Permit, or whenever ViAgilAftm the Fire Marshal, or his designated representative, may enter upon any property covered by this Subchapter or a Gas Well Permit at any reasonable time to inspect or perform any duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. 241 Subchapter 22 6-'....m...t...'"'.............................................. —* ..........................��eiop enCode 35.22.16 Enforcernents, Right of Entry. A. It shall be unlawful and an offense for any person to do the following: 1. engage in any activity not permitted by the terms of a Gas Well Permit issued under this Subchapter; 2. fail to comply with any conditions set forth in a Gas Well Permit issued under this Subchapter; or 3. violate any provision or requirement set forth under this Subchapter. B. Any violation of this Subchapter shall be punished by a fine of not more than Two 'Thousand Dollars ($2,000.00) per day, subject to applicable State law. Each day a violation occurs constitutes a separate violation. 242 .................................. I ....... .......... — ................. Subchapter 23....... Development Code Subchapter 23 — Definitions Sections: 35.23.1 General. 35.23.2 Definitions and Terms. 35.23.1 General. For the purpose of this Chapter, certain words and terms shall be defined and interpreted as follows. Interpretations of meaning shall be made by the Director of Planning and Development based on the provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of Adjustment Procedure. 35.23.2 Definitions and Terms. Acceleration/ Deceleration Lane: One or more paved traffic lanes traversing the frontage of a property f the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes. Accepted for Filing: The status of an application following submission and acceptance as complete by tI Director of all application materials, documents, and fees, and required signatures required by this Chapter. Access Ramp: A route to provide entry for vehicles and machinery into a drainage system. Access Road: A route parallel to and at the top of the bank or channel to allow maintenance access of channels from the top. Accessory Building or Structure: A structure on the same lot with, and of a size and nature customarily incidental and subordinate to, the principal structure. Examples of accessory structures include, but are not limited to, the following: detached garages and/or carports; storage structures and/or barns; freestanding greenhouses; swimming pools and pool houses; tennis courts; satellite dish antennas; freestanding workshops; gazebos; radio and/or TV antenna structures not attached to the principal structure; paved areas other than driveways and walkways; and perimeter fencing and/or walls. Accessory Use: A use incidental or secondary to the principal use of a lot, building or structure and located on the same lot as the principal use. Acreage, Gross: The acreage included within the boundary line of a particular property, including all property legally held by the owner, unless said property has dedicated right-of-way previous to development to the City, county, state or federal entity. Addition: Lots, tracts or parcels of land lying within the corporate boundaries of the City which is intended for the purpose of development. Administrative or Research Facilities: A facility used for the management of an enterprise or research and development activities such as improving technologies, developing products and scientific research. Adult Arcade: Any place to which the public is permitted or invited wherein coin -operated or slug -operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Bookstore/Adult Video Store: A. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: EK Subehapter 23 .................................... Development Code 1 . Books, magazines, periodicals or other printed matter, or photo -graphs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations distinguished or characterizeoi by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specifici anatomical areas': or 2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities". B. For the purpose of this definition, a commercial establishment shall be considered to have as "one of its principal business purposes" the sale or rental of the materials described in (A) above, if: 1. The establishment makes use of a sign visible from any public street, whether located on or off the property of the establishment, advertising the availability at the establishment of any materials described in (A); 2. The establishment devotes more than thirty percent (30%) of its total floor area which is open to the public to the display of items for sale or rental that are materials described in (A); 3. More than thirty percent (30%) of the total number of items displayed for sale or rental by the establishment are materials described in (A); or 4. The establishment regularly maintains on the property for sale or rental materials described in (A) whole total retail value is more than fifty percent (50%) of the total retail value of all materials kept on the premises for sale or rental. Adult Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas"; or C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or C. Allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less than 10 hours. Adult Motion Picture Theater: A commercial establishment where, for any form • consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished • characterized by an emphasis on matter depicting, describing or relating to • sexual activities" or "specified anatomical areas." Adult Theater: A theater, • hall, auditorium, •. similar commercial establishment which regularly features persons who appear in a state of nudity or Eve performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas." Agricultural Activity: Land used exclusively as a bonafide agricultural operation by the owner or tenant. The use of land for agricultural purposes including farming, horticulture, animal and poultry husbandry, and the necessary • uses, provided that the operation of the accessory use is clearly incidental to the agricultural activity. An accessory use shall include incidental sales by the producer • • raised on the farm. EE Airspace Obstruction: Any structure, tree, land mass, or use of land which penetrates a transitional, horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by this Chapter and/or regulations of the Federal Aviation Administration. Alley: A public way which affords a secondary means of access to abutting property and which is not intended for general travel or circulation. Antenna, Directional: Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial or orbitally based uses. Apartment, Studio or Efficiency: One room which is designed or intended for occupancy by, or which is occupied by, one family doing its cooking therein or by one or more related persons doing their or their own cooking therein. For zoning purposes, a studio or efficiency apartment shall be regarded as a dwelling unit and a structure containing three or more such apartments shall be regarded as a multiple dwelling. Arcade: Any commercial building in which there are more than three amusement game machines on the premises which are available to the public. An arcade may contain commercial recreational machines or games other than amusement game machines. Arcades are restricted in use between the hours of 10 A.M. and 10 P.M. Sunday through Thursday and 10 A.M. and 12 P.M. Friday through Saturday and are further restricted from serving alcoholic beverages, except in the case where the use is primarily for adults and all minors are accompanied by an adult. i Architectural Projection: Eaves, decorative extensions, bay windows having no floor space, or other portions of a structure having no living space nor key structural value. Assisted Living Facility: An establishment that: A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and B. Provides personal care services. Attached Single-family: See "Dwelling, Single-family Attached." Automobile and RV Sales: A structure and/or lot dedicated to the retail sale of new or used motor vehicles. Automotive Wrecking and Salvage Yard: A business that stores three or more wrecked vehicles outdoors for the purpose of selling the vehicles whole; or dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business. Backhaul Provider: the owner of a wire network (i.e. the cable, electric, or telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers or the public switched telephone network. Bakery: A place for baking or selling baked goods. Base Density: The density allowed in the parent zoning district per gross acre. Base Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year based on a fully developed watershed. Also known as the one hundred -year flood. Basement: A building story partially or completely underground. A basement shall be counted as a story in computing building height where any portion of a basement has more than one-half of its height above grade. Basic Utilities: Infrastructure services and the structures necessary to provide those services including electricity, natural gas, telephone, telecommunications, water, or sewer. Bed and Breakfast Facilities: A detached dwelling in which rooms are rented and meals may be served to transient guests on an overnight basis. M9 Subchapter 23 .................... ....... ....... ...... ................................................................... ............................................ Development Code Bedroom: Any room other than a living room, family room, dining room, kitchen, bathroom, closets, or utility room, for the purpose of this Code, shall be considered a bedroom. Dens, studies, etc. with or without closets and similar areas, which may be used as bedrooms shall be counted as bedrooms for the purposes of this Chapter. Block: The land surrounded by streets and other right-of-way other than an alley, or land which is designated as a block on any recorded subdivision map. Board of Adjustment/Board: The Board of Adjustment of the City of Denton, Texas. Boarding or Roominghouse: A dwelling in which meals and lodging or just lodging are furnished for compensation to more than four but fewer than 20 persons. Provision for meals may be made, provided cooking is done in a central kitchen and not in individual rooms or suites. Broadcasting or Production Studios: A structure designed for making and transmitting programs for radio or television or for the production/ editing of films, videos, commercials, etc. Buildable Area: The portion of a lot remaining and available for construction of a structure or related facilities after required yards and buffers have been provided. Buildable area cannot contain any setback areas, easements, and similar building restrictions, and cannot contain any land that is identified as Floodplain Areas, or Environmentally Sensitive Areas, except as otherwise provided in this Chapter. Building: Any permanent structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including manufactured homes, Building Envelope: An area within the property boundaries of a lot or space within which a permitted structure can be placed. Building Line: A line established beyond which no part of a building shall project, except as otherwise provided in this Chapter. Building Official: The official appointed by the Director of Planning and Development and charged with the enforcement of this Chapter and responsibility of approving building permits and certificates of occupancy. Building Permit: A document signed by the Building Official or their authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, repair, remodeling, rehabilitation, alteration, conversion, demolition, moving, installment, or portion of a structure or building, which acknowledges that such use or building complies with the provisions of this Chapter or an authorized variance or Specific Use Permit there from. Building, Principle: A building in which the primary use of the lot on which the building is located is conducted. Business or Trade School: A secondary school offering instruction in a professional, vocational, or technical Mon Business Sign: An identification sign containing the name of the business or other accessory information located on the same premises, Caliper: A horticultural method of measuring the diameter of nursery stock grown for the purpose of planting in another location. For trees less than four inches in diameter, the measurement is taken at six inches above ground level. For trees four inches in diameter and up to and including twelve inches in diameter, the caliper measurement is taken twelve inches above ground level. For trees greater than twelve inches in diameter, the trunk is measured at breast height (DI-1). Caretaker Quarters: A dwelling unit which houses an individual or family who is employed by the primary user of the property to guard and protect the property and structure(s) from fire, vandalism, theft, etc. Such structure is not to be used for dwelling purposes other than as a caretaker unit, Carport: A partially enclosed structure used for the housing of motor vehicles, the property of, and for use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport attached to a IM Subchapter 23 .......... 1.1- Development Code principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure. Certificate of Occupancy: Certificate issued by the Building Official for the use of a building, structure or land, when it is determined by the Building Official that the building, structure or proposed land use complies with the provisions of all applicable Codes of the City of Denton. Child -Care Facility: A facility licensed, certified, or registered by the State of Texas to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. The following are child-care facilities: A. "Child-care institution" means a child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. B. "Foster group home" means a child-care facility that provides care for 7 to 12 children for 24 hours a day. C. "Foster home" means a child-care facility that provides care for not more than six children for 24 hours a day. D. "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. E. "Group day-care home" means a child-care facility that provides care for 7 to 12 children under 14 years of age for less than 24 hours a day. F. "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. Church: A structure owned and/or used by a religious organization or congregation and providing regular organized religious worship, religious training, or education of it members; rectory or convent; meeting hall, offices for administration of the institution; and, excluding buildings used exclusively for private education or school, dormitories for students, recreation associated with a school, day care facilities, arenas or production studios. A house of worship personnel located within an accessory structure(s). City: The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction. City Council: The City Council of the City of Denton, Texas. City Facility: A public service or facility provided, owned and controlled by the City. Clearing: An intentional act to cut down, remove all or a substantial part of, of damage a tree or other vegetation, that will cause the tree or other vegetation to decline or die. Clearing includes, but is not limited to: chemical, physical, compaction, or grading damage to trees and vegetation. Clearing and Grading, Limits of. The boundaries of that area of land identified in the clearing and grading plan, site plan or landscape plan subject to soil disturbance, clearing of trees and other vegetation in conjunction with a proposed development or land use. Cluster Subdivision/ evelop ent: A grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land than required for isolated individual lots, with the additional areas being devoted to open space, conservation area, recreation space, parking spaces and access facilities, in addition to required yards. ME Subchapter 23 ............ Development Code •iii 1 111111 •ill I I•i Hill I lil I iiiiiiiiiiI• iiiiiiiii College or University: An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees. Commercial Incinerator: Establishments primarily engaged in the collection and disposal of refuse by processing or destruction for profit. Examples would be furnaces or similar devices for the burning to ash of trash or bodies. Commercial Paricing Lots: An area devoted to the standing, maneuvering, and circulation of motor vehicles in commercial areas. Commission: The Planning and Zoning Commission of the City of Denton, Texas. Committee: The Development Review Committee (DRC). Common Access Route/Internal Street: Private drive allowing principal means of access to individual HUD -Code Manufactured Home Park lots or auxiliary buildings. Community Center: A building used as a place of meeting, recreation, or social activity and not operated for profit and which neither alcoholic beverages or meals are normally dispensed or consumed, and typically for use by the residents of a particular development or the community. Community Home for Disabled Persons: A community -based residential home containing not more than 6 disabled persons with 2 supervisory personnel which meets the requirements of the Community Homes for the Disabled Persons Location Act, Tex. Hum. Res, Code Chapter 123,001, et seq. (Vernon 1990), as amended. Community Service: A structure or group of structures for a community's governmental, social, educational, and/or recreational activities. Community Service facilities include federal, state, county, and local government activities. Comprehensive Plan: The Denton Plan, the Comprehensive Plan of the City of Denton, Texas as adopted by the City Council. The Comprehensive Plan shall consist of a Land Use Plan, a Mobility Plan, a Water System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Parks and Recreation Plan, and such other plans as may be adopted by the City. Condominium: A type • ownership • attached • detached dwelling units, offices, • • space within a structure, as defined by the • of Title 7, Chapter 82 Uniform Condominium Act • the Texas Property Code in which each unit is independently owned and financed by the occupant but in which all lands are commonly owned. Conservation Easement: A nonpossessory interest held by a •• body empowered to hold an interest in real property under the laws of this state • the United States; • qualified entity, pursuant to Section 170(h) of the Internal Revenue Code, as amended; or a charitable corporation, charitable association, or charitable trust in real •. that imposes limitations or affirmative obligations designed to: A. Retain or protect natural, scenic, or open -space values of real property or assure its availability for agricultural, forest, recreational, or open -space use; B. Protect natural resources; C. Maintain or enhance air or water quality; or D. Preserve the historical, architectural, archeological, or cultural aspects of real property. Construction Materials Sales: A business involved in the sale of structure supplies and services including lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc. Conveyance Plat: An interim plat recording the subdivision of property or defining a remainder of property created by the approval of a final plat for sole purpose of conveying land and not for development for a portion of property, where approval of final development plans is not sought. Mr., Subchapter 23 ..................... ........... .................................... ................... ................... Development Code Copy Center: A facility for the custom reproduction of written or graphic materials for individuals of businesses. Typical processes include, but are not limited to, photocopying, small offset printing, blueprint, and facsimile sending and receiving. Coverage, Lot or Site: Total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage. Criteria Manual: A manual pertaining to the technical and design requirements of this Chapter. Critical Root Zone: A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. A tree's critical root zone is measured as one foot of radial distance outward from the trunk for every inch of the tree's DBH., and may be no less than a radius of eight feet. Day Care, Adult- A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day. The facility provides services under an adult day-care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Decibel (dB): The physical unit commonly used to measure noise levels; the unit of level such as the sound pressure level. Deed Restrictions /Private Covenants: Private stipulations usually pertaining to residential subdivisions which govern lot size, minimum floor area, uses permitted and, in some instances, architectural design. These may be stricter than provisions included in this Chapter. Demolition Business: A business that demolishes structures, including houses and other buildings, in order to salvage building materials and that stores those materials before disposing of them. 0 Dense Evergreen Foliage: A large quantity of vegetation on per unit of area that retains its leaves throughout the year and of such opacity as to block one's vision through it. Density, Base: The maximum • of dwelling units per gross acreage • the maximum floor ar'19 permitted outright by a particular land -use classification. Density, Gross: The total number of dwelling units divided by the total project area acreage, expressed •, dwelling units per acre, • the calculation of which is otherwise defined by this Chapter. Density, Net: The total number of dwelling units divided by the net project area acreage, expressed as • units per acre. In determining net density within the development boundaries, including: all land at •, with and accessory to the dwelling unit, including private and public streets, driveways, • par public and • recreational facilities, common • space, utility easements, and environmentally sensitive air • from net density calculations include: • structures and land uses, accessory dwelling units, dre floodway and any waters • the U.S. and any • exclusions as identified by this Chapter. I Detention: The storage • storm runoff for a controlled release during • immediately following the design storm. Regional detention refers to storage of storm runoff from an entire drainage area of basin. Developed Floodplains: Any area defined as a floodplain within the FEIVIA 100-year floodplain. These areas have typically been channelized • the land within these areas has •e graded, filled, or • disturbed. HE lar-AI'mmull •I Developer: The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Development: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of • systems'--gradiriN excavation- mining •.1 driffiri• • depoosit of refuse.. debris.. • fill materials - and clearing of natural vegetative cover (-,,�ith the exception of agricultural activities as defined and as permitted). Ikoutine repair and maintenance activities are exempted. Development Exaction: Any dedication of land or easements for, construction of, or monetary contribution toward construction of a public improvement required as a condition of plat approval by the City. Development Plan: The plan for the subdivision of any lot, tract or parcel of land that is not to be recorded of record, but is a proposed division of land for review and study by the City. Development Plat: A plat reflecting new construction or the enlargement of any exterior dimension of any building, structure, or improvement on property previously final platted or not required to be platted. Diameter Breast Height (DBH): The outside diameter of the trunk of a tree, measured four and one-half (4 V2) feet above ground level. If a tree splits into multiple trunks below the 4 '/2 feet level, D13H will be defined as the sum of each individual trunk measured at 4 1/2 feet above ground level, or the single trunk at its most narrow dimension, whichever is greater. Directional Antenna: Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial or orbitally bases uses. Director of Planning and Development/Director: The person designed to receive and process plats, site plans, amendments to this Chapter, the zoning map, or the Comprehensive Plan. Disabled Persons: Persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has: AOrthopedic, visual, speech, • hearing i• 13. Alzheimer's disease; C. Pre -senile dementia; D. Cerebral palsy; K Epilepsy; R Muscular dystrophy; G. Multiple sclerosis; H. Cancer; I. Heart disease; J. Diabetes; K. Mental retardation; L. Autism; or M. Emotional illness Disc Antenna: A device ..• a reflective surface that is solid, open mesh, • bar • and is the • of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit • receive radio or clectromaxetic waves between terrestriallo or orbitallp based uses, This definition inchuje_s_. but is not limited to, satellite earth stations and microwave antennas. Distribution Center: A use where goods are received and/or stored for delivery to the ultimate customer at remote locations. District: An area, region, or section with a distinguishing character, or the regulations governing the height, area, use and design of the land and buildings. 1 Subchapter 23 ... ............ .................................................. ............................. ...................... ......................... ..... i ... ..... I Development Code Disturbed Area: An area of land subjected to erosion due to the removal of vegetative cover and/or earthmoving activities, including but not limited to filling. Dormitory: A structure occupied or designed to be occupied by at least 50 students or residents of a boarding school, college, university, or similar institution, with sleeping accommodations, common gathering rooms, and may include group cooking and dining facilities designed to service the entire residency of the dorm or dormitory complex. Drainage Area/Basin: The land area upon which all rainfall that falls on that area is directed towards or flows to a given point or stream. Drainage Facilities/ Systems: Physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facilities/ systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater. Dripline: The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground. Drive -Through Use: A facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive -through facilities are a type of site development that is usually found in conjunction with a quick vehicle servicing use or other retail sales and service use. Examples include, but are not limited to, drive -through windows, menu boards, gas pump islands, car wash facilities, and quick lube or quick oil change facilities. Driving Surface: A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Surface to be of minimum width as required by this Chapter. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel. Duplex: See "Dwelling, Duplex." Dwelling: A structure or portion which is designed or used exclusively for residential purposes, including single-family, two-family, attached dwellings, multifamily dwellings, rooming and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and modular dwellings, but not including • or motels. Dwelling, Accessory: A detached • attached residential unit, other than a manufactured home, designed for and occupied by one family only. The structure shall be accessory to a single-family dwelling (see definition of "Dwelling, Single -Family") and conform to the standards outlined in this Chapter. Accessory dwellings shall not be calculated in net or gross densit�y calculations for a lot, parcel or development. Dwelling, Duplex: A detached residential structure containing two dwelling units, designed for occupancy by not • than two families living independent • each • Dwelling, HUD -Code Manufactured Home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections. which. in the travelin,,,l mode. is eiii4t I'll bodp feet or more in width. or ' 4ffl hodTkA feet or move in envth, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and includes the plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. Dwelling, Multi -Family: A structure or • designed for three • more dwelling units • for occupancy by members of a fraternity or sorority, or by three or more boarders or roomers. *11 Dwelling, Single -Family: A detached residential unit other than a manufactured home, hotel or motel, designed for and occupied by one family only. Dwelling, Single -Family Attached: A structure consisting of three or more single-family units, in which each unit extends from the foundation to the roof with open space on at least two sides. Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Easement, Access: An easement created for the purpose of providing vehicular, pedestrian, or bicycling access to or between properties. Easement, Maintenance: An area of a parcel of land free of structures reserved to an adjacent parcel of land to allow access to repair and maintain a structure, facility, or conservation area located on the adjacent parcel. Ecological Impact:: A modification or change in the existing natural environment that could result in the disruption or loss of wildlife habitat, vegetation, air quality, soil and water quality, and resources, or an increase in ambient noise levels. I 0 ■ Effluent: Sewage water or other liquid, partially or completely treated or in its natural state, flowing out of any component of an individual sewage disposal system or flowing over the ground's surface or beneath the ground in groundwater. Elderly Housing: A structure, controlled by either a public body, institutional body, or nonpro`�" corloration. eip—yh4y�cercent of whose occu%,ants are 55 pears of aN- and over- or a structure where each unit is occu�irim by at least one person, and where the living arrangement/ agreement requires that all members of each househo consume at least one meal per day in a congregate dining facility, or is served directly to the persons of that household. Elderly Housing, Assisted Living: Services in these establishments include assistance with daily activiti I Quch as dressing, grooming, • etc. Elderly Housing, Congregate Care Facility: A facility for long-term residence generally for persons 55 Tlears of a - c or older,. and which shall include.. without limitation_ co -dinin. . social and recreational features, �i I safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab • and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which shall include at least two of the following: meals services, transportation, housekeeping, linen, and organized social activities. Elderly Housing, Nursing Home: A home for the aged, chronically ill, or incurable persons who are unable to care for themselves and in which three or more persons not of the immediate family are kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the ♦ and treatment • the sick • injured. Elderly Housing, Life Care Housing and Services: A residential complex, which may contain multi -family dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area, assisted living • nursing home • congregate care facties, and medical faces and all other services typically supplied for elderly • facilities. Elementary School: A private school established for grades 1 through 5 but may also include a kindergarten. Endangered Species: A species of animal or plant is considered to be endangered when its prospects for Environment: The physical condition which exists within the area that will be affected by a proposed development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance. PM Subchapter 23 ... . .......... ........................ .......... I ........................................... . __ ..... ........................... Development Code Environment, Natural: This environment is characterized by severe biophysical limitations, presence of some unique or natural or cultural features intolerant of intensive human use, or its value is retained only in its natural condition. Management objectives are oriented toward preserving unique features, restricting activities that may degrade the actual or potential value of this environment, and severely restricting development in hazardous areas. Environmental Scientists: Professionals, which are required for the environmental analysis and plan required by this Chapter, with training or direct experience in areas such as: environmental planning, physical geography, environmental geography or hydrology, ecology, botany, soil sciences, or natural resources. Environmentally Sensitive Area: An area identified on the official map for Environmentally Sensitive Areas that contains Floodway, Developed Floodplain, Undeveloped Floodplain, Riparian Buffers, Water Related Habitat, or Upland Habitat. Environmentally Sensitive Areas Map: The official map that identifies areas identified as Environmentally Sensitive Areas. Ephemeral Stream: Stream that has flowing water only during and shortly after precipitation events in a typical year. These streams are located above the water table year round. Runoff from rainfall, not groundwater, is the primary source of water for stream flow. Equal Conveyance Principle: An area of the cross-section of a stream, in its existing condition, carrying a percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling of the flood plain occurs, without any rise in the 100-year flood plain elevation. Equestrian Facilities: A structure or area for horseback riding activities including boarding, training, lessons, and shows. Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity, caused either by natural or human created conditions. Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Extraction: To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid, liquid, or gaseous state from its naturally occurring location; the initial step in use of a natural resource; examples include: petroleum and natural gas wells, shale and coal mines, gravel pits, and timber cutting. Extractive Industry: A use involving on -site extraction of surface or sub -surface mineral products or natural resources. Typical uses may be quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is grading and removal of soil associated with an approved site plan or subdivision or excavation associated with, and for the improvement of, a bonafide agricultural use. Extraterritorial jurisdiction: The unincorporated area outside of and contiguous to the corporate boundaries of the City as defined and established in accordance with Chapter 42 of the Texas Local Government Code. Facade: That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Fair Grounds: An area of land use including, but not limited to: agricultural related office building, exhibition of livestock and farm products, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales, auctions, and storage. Family: Two or more persons occupying a single dwelling unit where all members are related by blood, marriage or adoption. No single dwelling unit shall have more than four unrelated individuals residing therein, nor shall lot 1 0 MWOU1911LIENK Farm Stand: An accessory use, building, or structure used for the retail sale of fresh fruits, vegetablesl flowe herbs, or plants, home -processed food stuffs and products such as jams, honey, pickled products, sauces, a ed goo and homemade crafts/art made on the site. No commercially packed handicrafts or commercially processed packaged foodstuffs shall be sold at a farm stand. Farmer's Mafket/Open Air Market: The seasonal selling or offering for sale at retail directly to t consumer of fresh fruits, vegetables, flowers, herbs, or plants, processed food stuffs and products such as jams, hon I pickled products, sauces, baked goods, crafts, and art, clothing and other goods, occurring in a pre -designated ar where the vendors are generally individuals who have raised the produce or have taken the same or other goods consignment • retail sales. Feedlot: A lot, corral, yard, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term shall not include areas which are used for raising crops or other vegetation or upon which livestock are allowed to graze, nor shall it allow the slaughter of said animals and livestock on premises. Fees in Lieu of: Allowing, at the developer's option, the payment of the developer's share of the cost of constructing a required public improvement instead of requiring the actual construction at the time of plat approval. FEMA: Federal Emergency Management Agency Filling: The depositing on land, whether submerged or not, of gravel, earth, or other natural materials in any combination. Fire Code: The most recently adopted International Fire Code as published by the International Code Congress. Fire Lane: A fire apparatus access roadway, on private property or within a public right-of-way, which provides unobstructed passage for the fire department apparatus responding to or engaged in emergency fire and rescue operations. IT �• SOMEEM I Floodplain: An area identified by the Federal Emergency Management Agency as possibly being flood -pro or below the immediate flood line (100-year flood plain). I Flood Hazard Boundary Map (FHBM): An official map • a community, issued • the Federal Insurance Administration, where special flood hazard areas have been designated. Flood Insurance Rate Map (FIRM): An • • map • special flood hazard areas and the risk • zones •• to the community as issued • the Federal Insurance Administration. Flood Insurance Study: The • Federal Insurance Administration • containing flood profiles, the water surface elevation of the base flood and the flood hazard boundary map. Floodway: Area regulated by federal, state, or local requirements to provide for discharge for the base flow, so that the cumulative increase in water surface elevation is no more than a designated • within the 100-year floodplam. A river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the •. flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the 1•i will include the stream channel and that portion • the • land areas required to • the • flood (one -hundred -year flood) discharge without cumulatively increasing the water surface elevation at any point more than one (1) foot above that of the prefloodway condition, including those designated on the flood insurance rate map. M1 Subchapter 23 ........... ............................. ...................... ---i-- ................................ ---- .......................... Development Code Floor Area: The floor area is the gross horizontal area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as Gross Leasable Floor Space. Floor Area Ratio (FAR): The ratio which is the result of dividing the total floor area of a structure by the area of the lot on which it is located. For example, a structure with a floor area of 20,000 square feet, located on a lot of 40,000 square feet has a floor area ratio (FAR) of 0.5. Food Processing Facilities: Industrial operations in which raw food is made suitable for consumption, cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other animals, hog farms, and egg farms. Footprint: The horizontal area as seen in a site plan, measured from outside of an exterior walls and supporting columns. It includes residences, garages, covered carports, accessory structures, all other structural uses both primary and accessory to that district, but not trellises, patios, and areas of porch, deck, and balcony less than 30 inches from finished grade. Fraternity or Sorority House: The structure in which a student or professional organization formed chiefly to pursue common interests, be it cultural, religious, entertainment or social, and which has regular meetings, rituals, and formal membership requirements is housed. These structures also may provide housing to its members. Freeboard: The vertical distance between the design water surface level and the top of an open conduit left to allow for wave action, floating debris or any other condition or emergency without overtopping the structure. Frequency: Number of complete oscillations or cycles per unit of time. The unit of frequency often used is the Hertz (Hz). Front Yard: See "Yard, Front." Frontage: That side of a lot, parcel or tract abutting a street right-of-way. Garage, Private or Public: A structure for the use of the owner or occupant of a principle structure for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature. Garage Sale: A temporary activity conducted on the premises of a private residence for the purpose of disposal of goods or belongings of the residents of the dwelling. For the purposes of this Chapter, garage sales shall not be considered a commercial activity. Gated Communities: Residential areas that restrict access to normally public or private open spaces and routes. General Business: Commercial uses providing a wide range of retail goods and services to meet the needs of a large segment of the community. Grade: A. The inclination or slope of a conduit, channel or natural ground surface, usually expressed in the percentage of units of vertical rise or fall per unit of horizontal distance; I It I a 812�� Grade, Existing: The vertical elevation of the ground surface prior to excavation or filling; the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a development regulated by this Chapter; or, the vertical elevation of a site which is currently developed and built upon. Grade, Ground Level: The average of the finished ground level at the center of all walls of the structure. In case a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk. Grade, Natural: The existing grade or elevation of the ground surface that exists in its unaltered state. ME Grade, Percentage of. The rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal difference, Grade Separation: The physical development of structures or intersections that separate motor vehicle from motor vehicles; motor vehicles, pedestrians, and bicyclists from trains and other transit; motor vehicles from pedestrians and bicyclists; as well as pedestrians from bicyclists. Grading: The mechanical or physical act of disturbing, moving, removing, transferring, or redistributing soil or earthen surfaces. Gross Leasable Floor Space: The gross horizontal floor area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as Floor Area. Ground Cover: Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss. Permeable natural landscape materials, such as mulch and rock, are also considered ground cover to the extent they are used in combination with live plant materials. Ground Coverage: The area of a lot occupied by all structures and parking expressed as a percentage of the gross area of the lot. Driveways are not included in the percent coverage but parking pads or areas, porches, decks, patios, pools, tennis courts, sheds, walkways and other accessory uses shall be included. Group Homes for Disabled Persons: A shared residential living arrangement which providpe environment for 6 or more handicapped persons supervised by one or more primary caregivers and has obtained a license to operate under the Personal Care Facilities Licensing Act. Tex. Health & Safety Code 5247.001 et.seq. A Group Home for Disabled Persons does not include Community Homes for Disabled Persons. Group Home: A profit or nonprofit facility, home, or structure for the protective care of persons, both adult and adolescent, who need a watchful environment, but do not have an illness, injury, or disability which requires chronic or convalescent care, including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness by management of the residents' whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability and readiness of management to intervene if a crisis arises for a resident, and supervision by management in areas of nutrition, medication, and actual provision of transient medical care, with a 24-hour responsibility for the well-being of residents of the facility. Personal care facilities are exempt from the definition of a family and shall be classified in one of the following ways: A. Individual: One to three clients, plus manager. B. Family: Four to six clients, plus manager. C. Group: Seven to 15 clients, plus manager. Guest House: An attached or detached building that provides living quarters for guests, servants, of a related family member, which is considered an accessory use, and which is clearly subordinate and incidental to the principal residence on the same building site; and, is not rented or leased. F91ROAM Handicap: A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance as defined by Chapter 481 of the Texas Health & Safety Code. Hazardous Materials or Waste: A substance classified as a hazardous material under state or federal law or a _i, ��A4L_v* to individuals, property or the environment. A hazardous material includes, but is not limited to any one of the following, as defined by 40 C.FR 173, or, with respect to hazardous waste, listed as a substance subject to 40 C.F.R. 262: Radioactive material. Exnlosives. Class A. Exr)losives- Class B: Poiso-s. 4-- P NE Subchapter 23 ....................... ........... ........... .................. ...................... .................................................... ................................ Development Code Flammable liquid; Oxidizer; Flammable solid; Corrosive material; Combustible liquid; Etiologic agent; offiet regulated material (ORM); or, Hazardous waste. Heavy Manufacturing: Industrial operations for the production of a good using raw materials and mechanical power and machinery. Height: The vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than 10 feet from the front property line or from the grade in all other cases. Except as otherwise specified, the height of a structure other than a building is the vertical distance from the average grade at the base of the structure to the highest point of the structure. Hertz: Unit of frequency equal to one cycle per second. High School: A private school established for grades 9-12 or 10-12. Home Occupation: An occupation commonly carried on within a dwelling by members of the family occupying the dwelling. The use of the home as an occupation shall be incidental and subordinate to the use of the home as a dwelling. Homeowners Association: A homeowners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as alien against the property. Hospice: One main building, or portion, one zoning lot in which terminally ill persons live in order to receive appropriate Medicare -certified hospice services. Hospital: An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis. Hotel: A facility offering transient lodging accommodations to the general public at a daily rate for a period of time not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting rooms, and recreational facilities. Guest quarters are accessible through a main entrance and by hallways. Hotel/Motel, Extended Stay: A facility offering transient lodging rooms and/or suites to the general public, including lodging quarters for corporations and businesses, intended to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes for guests, may contain up to two bedrooms, contain kitchen facilities for food preparation including, but not limited to, refrigerators, stoves, and ovens, and which may also include living areas, and which are furnished to the public for periods of one week or more. Hydrograph: A graph showing stage, flow, velocity or other property of water versus time at a given point on a stream or conduit. Impact Fee: A fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or partial reimbursement for the total or partial cost of providing additional facilities or services needed as a result of new development. A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems; neurological; musculo skeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; he and lymphatic; skin; and endocrine; or B. Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. HE Subchapter 23 ..................................... _ ............. Development Code C. The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech dementia, cerebral • autism, epilepsy, muscular dystrophy, multiple • cancer, heart disease, diabetes, mental retardation, emotional illness, drug addition (other than drug addition caused by illegal use of a controlled substance). Impervious: Any hard -surface, man-made area that does not readily absorb or retain water, including but not limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved recreation areas, and other surfaces that do not generally absorb water and are not considered by the City to be pervious surfaces. Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Indoor Recreation: Indoor commercial uses which by their nature are recreational. Examples include bowling alleys, skating rinks, health clubs, racquetball or squash courts, indoor swimming pools, video arcades, pool halls, etc. Industrial, or Industrial Use: An activity related to the manufacture, warehousing, shipping, production or storage of products to be transported elsewhere for retail sale. Infill: Development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban • •• and where 80 percent of the land is within a 500-foot radius • the site has been developed. Annexed areas on the periphery of the City limits are not considered itifill sites. Generally, these sites are readily accessible to infrastructure services and facilities. Infrastructure: The provision of systems that provide transportation, water, waste water, solid waste, storm water drainage, electrical and franchise facilities typically required to service development. Inlet: An opening into a storm drain system for the entrance of surface storm runoff. Inoperative Vehicle: Any motorized vehicle incapable of immediately being driven. Institution: An establishment that: A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and B. Provides minor treatment under the direction and supervision of a physician licensed by the Texas State Board of Medical Examiners, or other set -vices that meet some need beyond the basic provision of food, shelter, and laundry; or 1. Are not related within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to the proprietor; and 2. Itecause of their physical or mental limitation, or both, require a level of care and services suitable Iw- their needs that contributes to their health, comfort, and welfare. o Institutional Use: A non-profit or quasi -public use, such as a religious institution, library, public or private school or hospital, or government -owned or government -operated structure or land used for public purpose. Installation: In reference to manufactured housing, means the construction of the foundation systems, whether temporary or permanent, and the placement and erection of a HUD -Code Manufactured Home or HUD -Code Manufactured Home components on the foundation system and includes supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expandable sections or components, and minor adjustments. Intermediate Care Facilities: A convalescent home or other recuperative facility for use by persons subsequent to hospital confinement, who are not yet ready to resume home life. Intermittent Stream: A stream that has flowing water during certain times of the year, when groundwater provides water for stream flow. Intermittent streams may not have flowing water during dry periods. Runoff from rainfall is a supplemental source of water for stream flow. NM Subchapter 23 ........................... .................... ............ ....... ' .................. . . ....... . . ........... 11 ... 1-1.1.1. Development Code Inverted Crown Section: A street cross section usually reserved for alleys in which the center of the street is lower than the edges so that drainage is carried down the center of the street. Irrigation, Underground: A permanent, artificial watering system designed to transport water and distribute water to plants. Junkyard: A business that stores, buys, or sells materials that have been discarded or sold at a nominal price by a previous owner and that keeps all or part of the materials outdoors until disposing of them. Kennels: Facility for the boarding (overnight) of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a kennel activity. Land Disturbing Activity: Alteration of the land surface by: A. Any grading, scraping, excavating, dredging, transporting or filling of land; B. Any clearing of vegetation; C. Any construction, rebuilding, or alteration of a building, road, driveway, parking area, or other stricture, not including routine maintenance such as painting, repair, or reconstruction of existing structures or surfaces; D. Any substantial activity or use which may result in soil erosion from water or wind and the movement of sediments into waters or lands protected by this Chapter; and, E. It shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, additions or or modifications of an existing single family dwelling, and the cutting of firewood for personal use. Land Use Plan: The Land Use Element of The Denton Plan, as may be amended and including The Land Use Plan and Future Zoning Map. Landscaping: A planted area containing trees, shrubs, and groundcovers providing a transition between structures on a site and the property line, adjacent structures, or street rights -of -way. Lane: A driving surface with a width as specified in the street design standards for that class of street. Laundry Facilities: A commercial laundering establishment which cleans clothing, carpeting, drapes, and other cloth or synthetic fiber materials using a chemical process. Such establishments may also include self-service laundering facilities. License: Written license issued by the City Council, permitting a person to operate and maintain a HUD -Code Manufactured Home Park under the provisions of this Chapter. Light Manufacturing: Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. Live -Work Units: Allows 25% of floor area to be used as work space, subject to home occupation limitations. Livestock: Facilities for the raising, breeding, or maintenance of domestic animals including, but not limited to cattle, horses, sheep, swine, goats, and poultry. This definition does not include feed lots or similar uses. Loading Space, Off-street: Space logically and conveniently located for bulk pickups and deliveries, and scaled to delivery vehicles expected to be used. Local Drainage System: Any drainage facility or system, which serves an area having a contributing drainage basin of less than one (1) square mile in area. Lot: A designated parcel, tract or area of land established by a plat or otherwise permitted by law to be used, developed or built upon as a unit. NW4 Subchapter 23 ......................................................................... ................. ......................... Development Code Lot Coverage: That portion of a lot used for building, parking, vehicular and pedestrian circulation, loading areas, and outside storage areas. Lot Depth: The horizontal distance from the midpoint of the rear of lot line to the midpoint of the front lot line. Lot, Double Frontage: A lot having frontage on two norrintersecting streets, as distinguished from a corner lot. Double frontage lots are prohibited. Lot, Flag: Any lot not having standard legal access to an City street, and which is provided with access by a driveway parallel to the lot line of a lot having standard access. • Improvement: Any building, structure, work • art • other •• or improvements • land • whi they are -• whether immediate • future, which includes but is not limited to streets, alleys, utilities, draina modifications, and access modifications including curb cuts. Lot improvements include off -site work accomplished f the • • • • lots. Lot, Interior: A lot other than a corner lot or a through lot. Lot Line: A boundary of a lot. "Lot line" is synonymous with "property line." Lot Line, Front: In the case of an interior lot, the lot line separating the lot from the street other than alley. A corner lot shall have one (1) street line considered the front lot line. The narrower street frontage shall be t • lot line except when the Director • Planning and Development determines r•r • access proble make such a designation impractical, I Lot, Gross Area: An area under public or private property ownership, whose lot lines are described by plat or deed, Lot Line, Rear: A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line. Lot of Record: An individual lot or a lot which is a part of a subdivision, the map of which has been legally recorded in the office of the Denton County Clerk; or a parcel of land the deed of which has been recorded in the office of the Denton County Clerk. Lot, Reversed Corner: A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear. Lot, Through: An interior lot having frontage on two (2) parallel or approximately parallel streets other than alleys. Through lots are prohibited, Lot Width: The horizontal distance between the side lines, measured at right angles to the lot depth at a point midway between the front and rear lines. 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 movie theaters, concert halls, stadiums, and arenas. Major Life Activity: Includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Manufacture of Non-Odiferous Foods: Industrial operations for the manufacturing of non-odiferous foods. Manufactured • See "Dwelling, Manufactured • golf, Subchapter 23 ............... .... ...... ................. ........ I ....... ......................................................... Development Code Manufactured Home Park or Park, HUD -Code : A parcel of land under single entity ownership which has been separately platted for the placement of HUD -Code Manufactured Homes, accessory uses and service facilities, meeting all requirements of this Chapter and any applicable deed restrictions and state laws. Manufactured Home Subdivision, HUD -Code: A tract of land that is subdivided and platted for individual ownership of HUD -Code manufactured homes. Master Plan: Policies and plans adopted by the City Council as a guide to the systematic physical development of the City. Mechanical Equipment: Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, and any power generating devices. The following equipment or devices are exempt: A. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet above grade or thirty (30) feet above an existing structure, whichever height is greater. No part of such antenna shall be within the yards required by this Chapter. A structure permit shall be required for any antenna mast, or tower over fifty (50) feet above grade or thirty (30) feet above an existing structure when the same is constructed on the roof of the structure. B. Parabolic antennas under three (3) feet in diameter. Medical Center: A walk-in facility for medical, obstetrical, or surgical care limited to day use only. Minimum Structure Separation: A required open space between any two structures on the same lot which are used for nonresidential and multifamily residential purposes. Minor Plat: A subdivision resulting in four (4) or fewer lots, not requiring the creation of any new street or the extension of municipal facilities and not generating an average daily vehicular traffic (AD-f) count of one thousand (1,000) or more vehicles. Motel: A structure or group of structures on the same lot containing individual guest units for rental to transients, with separate exterior entrances, and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities. Native Vegetation: Vegetation comprised of plant specie, other than noxious weeds, that are indigenous to the Denton County and that reasonably could have been expected to naturally occur on the site. EMMEMM.- =. Nonconforming Use or Structure: Any structure or use of land lawful at the time of passaRe or amendme *f this Chapter which does not conform, after the passage or amendment of this Chapter, with the regulations of ti ,iistrict in which it is located. 0 Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or a State of Nudity: A. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or B. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Nursery School: See "Day Care, Nursery, Kindergarten". Nursing Home: See "Elderly Housing, Nursing Home". NZ Subchapter 23 .............................. .................................................................... . ....... .................. ...... Development Code Octave and: A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight (8) octave bands, Odor Threshold: The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D. 1931-57, Standard Method for Measuring Odor in Atmosphere. Official Zoning Map: A map officially adopted by the City Council that illustrates the various zoning districts of the City of Denton, Texas. One Hundred (100) Year Water Surface Elevation (100-Yr W.S.E.): The water surface elevati(s established by hydrologic /hydraulic analysis of a stream, river, creek, or tributary, using the 100-year fully develop watershed, based upon the 100-year rainfall event. i Open Space: Any parcel or area of land or water set aside, dedicated, designated, or reserved for public use or enjoyment of for the private use and enjoyment of owners and occupants of the land adjoining or neighboring such open space. Outdoor Recreation: Outdoor commercial uses which by their nature are recreational such as golf courses, outdoor swimming pools, tennis courts, and basketball courts. Outdoor Resale Business: A business that sells used merchandise, other than automobiles, logging equipment, or other agricultural equipment, and stores or displays the merchandise outdoors. Outdoor Storage: The storage of especially large quantities of materials or products associated with an industry or business. Such storage requires a structure designed for and/or devoted to the containment of the item, such as oil storage tank or grain elevator, Owner: The • • a tract • land as recorded in the Denton County Deed • An owner may include: a person, firm, corporation, partnership • agent, attorney -in- fact, manager or director, or developer. Such term as used in this Chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Park or Recreation, Public: The real property and improvements thereon owned, operated, or maintained by the City, university, or other public entit�y, which are designed or used for recreational purposes and are available to the general public. The recreational purposes includes, but is not limited to public swimming pools, golf courses, tennis courts, stadiums, and • centers. Park or Recreation, Private: A noncommercial, not for profit facility designed to serve the open space and recreation needs of the residents of a development. Parking Space: A rectangle not less than eighteen (18) feet long and nine (9) feet wide together with access and maneuvering space sufficient to permit a standard automobile to be parked within the rectangle without the necessity of moving other vehicles, said rectangle to be located off of the street right-of-way. Parking, Street; Off -Street, HUD -Code Manufactured Home Park: A parking space located within the boundary of a HUD -Code Manufactured Home space, or in common parking and storage area having unobstructed access to an internal street or access way, and as depicted on the site plan. Parking Tandem: Parking spaces that are arranged one behind another. Each parking space shall meet the dimension requirements of a full-size car on a one-way aisle. Tandem parking is allowed in drive -through lanes. Particulate Matter: Finely divided solid or liquid matter, other than water, which is released into the atmosphere. "I Subchapter 23 .............. - .................................................................. ...... ....... ........ ...... ...................... II .................................................... Development Code Paved: A paved surface shall be in accordance with City codes and Chapters relative to approved surfaces or as specified. Peak Particle Velocity: Unit of measurement that identifies, in inches per seconds, how fast the ground moves. Pedestrian Oriented District: All property within a Neighborhood Residential zoning district and the Central Business District. Pedestrian Path: A graded, cleared way for individuals who travel on foot, When located along any improved street or parking area, these paths shall be adjacent to the curb at curb level. Perennial Stream: A stream with flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Ground water is the primary source of water from stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Permitted Use: That use of a lot which is among the uses allowed as a matter of right, and subject to the restrictions of the zoning district. Person: An individual, firm, partnership, proprietorship, association, corporation, estate, receiver, syndicate, branch of government, social or fraternal organization, or any other group or combination acting as a legal entity, and including any trustee, assignee, or other representative. Pilot Channel: A concrete channel section used to convey normal low flows, fix the location of the flow line of a channel, minimize erosion and provide access for maintenance. Planning and Zoning Commission/ Commission: The City of Denton Planning and Zoning Commission, referred to as "Commission." Planting Area: An outdoor area, the surface of which shall not be covered by impervious surface materials structures, and devoted entirely to the planting or maintenance or plant materials, except as otherwise allowed by t Chapter, such as walls, fences, plazas, landscape architectural features such as gazebos, pergolas, arbors, fountains, sculpture. Landscape architectural features shall not include tennis courts, basketball courts or other pelvio recreational facilities. 11 Plants, Plant Material: Live plant material, including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees, are botanical plants that are nourished through the processes of air, water, and soil nutrients. Plastic, fibrous, silk, or other non -live materials, are not considered live plant materials. Plat or Final Plat: A map of a subdivision, addition or development to be recorded in the County Clerk Plat Records after approval by the Planning and Zoning Commission or the Development Review Committee. Pole Mounted Antenna: Any antenna which is preassembled off -site and designed to be moved from site to site. Preliminary Plat: A map showing the salient features of a proposed development as required by this Chapter submitted for the purpose of preliminary consideration prior to the submission of a Final Plat. Printing/ Publishing: An establishment where printed material is produced, reproduced and/or copied by either a printing press, photographic reproduction techniques, or other similar techniques. This use does not include copy shops. Private Access Drive: A drive serving as the exclusive access for not more than two landlocked parcels of land, which is not owned or maintained by City. Private easements cannot be used to meet the right-of-way requirement. Private Club: A group of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale, possession, or serving of any alcoholic beverage M Subchapter 23 6��eio ... p ... m ... e'n"t, ... C .............................. .. o'de ........................... * ......................................6.... ... 6 ............................................................. permitted by the law of the State of Texas and where none of such facilities are available except to a member or their guests. Private Street: A street which serves several lots over which the general public has no right of use as opposed to a driveway which is meant to serve one lot. Private Utility Provider: The owner of a wire network (i.e.. cable, electric, or telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers or the public switched telephone network. Private Way: A private easement or ownership established by deed for vehicular access to property. Professional Services and Offices: Offices used for the conduct of business -related activities, excluding the sale of merchandise or storing of merchandise on the premises, Public Improvement: Any street, alley, utility, drainage facility or other facility or improvement of land designed and intended to be dedicated, conveyed, or owned by the public. Public Street: A street which is owned or maintained by City. Quick Vehicle Servicing: A business providing service to the motoring public. Such uses can incluJM gasoline sales, light repair, tune-ups, oil changes, transmission or drive train repairs to automobiles of light trucks.• outside storage of any automobiles or materials such as tires, auto parts, etc., is allowable. The sale of motor vehic shall be prohibited. Rear Yard: See "Yard, Rear." Recreational Vehicle: A motorized vehicle, designed or maintained for use as a temporary dwelling sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jac I Recreational Vehicle Park: A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of an), other recreational vehicle that is not a mobile home or HUD -code manufactured home. Recycling Business: A business that is primarily engaged in: A. Converting ferrous or nonferrous metals or other materials into raw material products having prepared grades and having an existing or potential economic value; B. Using raw material products of that kind in the production of new products; or C. Obtaining or storing ferrous or nonferrous metals or other materials for a purpose described by Paragraph A or B. Replat: A change in a map of an approved or recorded subdivision plat if such change affects any street layou) on such map or area reserved thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Residential District: A one -family, two-family, or multi -family zoning district, or any area within a planned development zoning district which is designated for residential use, as shown on the approved site plan for the district. Residential Use: A one -family, two-fairrily, or multi -family dwelling, trailer camp, mobile home, or HUD - code manufactured home park or development. Restaurant: A structure that prepares and serves food to customers, including sit down, fast food, drive - through, and drive-in facilities, Retail Sales and Service: A business established for the sale of goods of services to consumers, usually in small quantities (as opposed to wholesale) and does not include wholesale goods or services. Right-of-way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another Specific Use. The M1 Subchapter 23 ................................. ....... 11.1 ............................. ___ Development Code final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included �wiAthiintl AN f V.1 nZin lit sh] A anded for streets '. crosswalks. storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker a the • on which such right-of-way is established. Riparian Buffers: Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. It also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process. Sales of Products Grown On -site: Roadside stands or other temporary structures constructed for the sale of agricultural or horticultural products raised substantially on the premises. Salvage Yard: Any lot or parcel of land on which wastes or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other ferrous metals, paper; rags, rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. Sanitary Landfills: A system of trash and garbage disposal in which the waste is buried between layers of earth. Satellite Earth Stations: Are considered to be accessory structures and are defined as a combination of: A. An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; B. A low -noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; C. A coaxial cable whose purpose is to carty the signals into the interior of the structure; and, D. The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance from the requirement through the board of adjustments. Ground -mounted stations shall be no more than ten feet above the maximum height requirement of the district in which they are located. • Public • Private: A building where persons regularly assemble for the purpose of instruction or education and includes playgrounds, stadium, and other structures or grounds used in conjunction therewith. The term is limited to (1) public and private schools having a curriculum generally equivalent to elementary or secondary schools, and/or (2) special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in a kindergarten or grades one through twelve. Scrap Metal Processor: One who, from a fixed location, utzes machinery and equipment for • and manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, • steel, or • metallic scrap for sale for remelting purposes. Screening: The establishment of an opaque fence or barrier for the purpose of obscuring from sight a use. Section 404 Permit: A permit required under federal Clean Water Act provisions. Self -Service Storage: A structure or portion used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Semi -Nude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. Semi -Public Halls, Club or Lodge: A structure or facility owned or operated for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain. Setback: The minimum distance between by which any building or structure must be separated from a street right-of-way or lot line. RN 1 RM154 00) #1 19-M Sewer Connection, Manufactured Home: Connection consisting of pipes, fittings and appurtenances from the drain outlet of a HUD -Code Manufactured Home to the inlet of the corresponding sewer service riser pipe of the sewage system serving the HUD-Codc Manufactured • Park. Sewer Service Riser Pipe, Manufactured Home: That portion of sewer service which extends vertically to the ground elevation and terminates at a HUD -Code Manufactured Home space. Sexually Oriented Business: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or nude model studio. 11111111 =1111IIIIIIII . I Shopping Center: A group of commercial establishments planned, developed, and managed as a unit, related in location, size and type of shops to the trade area that the unit serves, and providing on -site parking. Site Plan Review: The comprehensive evaluation of a development and its impact on neighboring properties and the commum as a whole, from the stand-,oint of: land use site desi landsca e desi environmer Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. Special Circumstances: With regard to utility extensions, ♦ those areas where water or sewer is deem xr-.4WA what would be normally incurred due to the particular topography or unusual shape of the particular lot or tr involved. Specific Use Permit: A use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific conditions contained in this Chapter. Specified Anatomical Areas: Human genitals in a state of sexual arousal. Specified Sexual Activities: Includes any of the following: A. The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy; C. Excretory functions as part of or in connection with any of the activities set forth in A through B above, Spread Limits: The width of pavement covered by water flowing from a certain frequency (i.e.; one -hundred - year flood). Storage, Outdoor: Any area that contains trash collection areas or dumpster refuse containers; outdoor loading and unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of bulk materials and/or parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, or inspection stations. Temporary construction and related activities are excluded from this definition. Story: That portion of a structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling above it; provided, that a room, suite, or story with more than one-half of its height below grade shall not be considered a story for the purposes of height regulations. Street: A public right-of-way for roadway, sidewalk, and utility installation including the terms "road", "highway", "land", "place", "avenue" "alley", or other similar designations. The entire width between the right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. go Subchapter 23 ............. ............. ............................ ....................................... .............. Development Code Stream Channelization: Manipulation of a stream channel to increase the rate of water flow tthrough tIM stream channel. Manipulation may include deepening, widening, straightening, armoring, or other activities that chaIr the stream cross-section, or other aspects of stream channel geometry, to increase the rate of water flow through stream channel. A channelized stream remains a "waters f the U.S.," despite the modifications to increase the rate water flow. Street, Half. A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street is provided in another subdivision. Street, Marginal Access: A minor street parallel and adjacent to a major arterial street providing access to abutting properties but protected from through traffic. Structure: Any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind. That which is built or constructed; an edifice or structure of any kind or any piece of work artificially bat up or composed of parts joined together in some definite manner and which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Structure, Height of- The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the gable(s) of a pitch or hip roof. Any height limitation of this Chapter shall not apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, water towers, silos, chimneys, flag poles, except as may be limited in the "A" Airport overlay zone. Structure Line: A fine on a plat indicating the limit beyond which structures or structures may not be erected. Similar to Building Envelope. Structure, Principle: A structure in which is conducted the main or principal use of the lot upon which such structure is situated. Structural Alteration: A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or the roof. Subdivision: The division or redivision of land into two (2) or more lots, tracts, sites or parcels. Tailwater: The water surface elevation directly downstream of a drainage facility. Temporary Structure: A structure without any foundation or footings which is attached to the ground or other structure in some nonpermanent fashion. Temporary structures shall require a permit from the building inspection structure was established has ceased, but not exceeding six months in duration unless an extension is obtained from the building inspection department upon just cause. Thoroughfare Plan: The thoroughfare component of the Mobility Plan, the official map depicting the City's existing and future street system and roadway network, together with explanatory text. Time of Concentration; The estimated time (in minutes) required for stormwater runoff to flow from the most hydraulically remote section of the drainage area to a specific design point. Topography: The physical land surface relief describing the terrain elevation, position of land features and slope. Topography includes land forms, water and other drainage features, and features such as gravel pits. A single feature such as a hillside or valley is called a topographic feature. Townhouse: See "Dwelling, Townhouse." Townhouse, Fee Simple: See "Dwelling, townhouse, fee simple." RM Subchapter 23 ..... - .............. 1_._ .. ............. ......................................................... ............................................. ......................... ...... Development Code Toxic and Noxious Matter: Any solid, liquid or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property. Traffic Impact Analysis: A stud), performed by a registered traffic engineer analyzing the impacts of the expected traffic generated by a development on the existing an proposed road system including recommendations for mitigating such traffic. Trailer: A non -motorized vehicle, pulled by an automobile or truck designed of maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively. Transfer Station: A temporary storage facility for the consolidation and eventual transfer of solid waste to a landfill. Tree Protection, Permanent: Structural measures, such as retaining walls/wells or aeration devices, that are designed to protect the tree and its toot systems throughout its lifetime. Tree Protection, Temporary: Physical barriers installed prior to any clearing and grading activity and construction for the purpose of preventing damage to existing trees and understory vegetation and set outside of the root zone of such vegetation for the life of the developments construction. Tree Topping: The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree that removal of the top canopy disfigures and invites probable disease or death to the tree. Tree topping is prohibited. Ultimate Developed Condition: A ful.ly developed area based on current approved land use plans or factor of 0.6 for remaining undeveloped land in a watershed. 1111 It 1111111111 1 !!!!1 1111111 111 Underbrush: Underbrush may include plant specie with stems of less than 1 inch DBH that are noxious, non- native, or invasive weeds or specie that are categorized as perennials, vines, shrubs, or that bear thorns or are briars, or that are poisonous through contact with the skin, or any plant on the non -protected plant specie list. Undeveloped Floodplains: Areas within the FENM, 100-year floodplain, or other floodplain that is undeveloped and in its natural state. Use: The purpose or purposes for which land or a structure is designed, arranged, or intended, or to which such land or structure is occupied, maintained, or leased. Vegetation: All plant life; however, for the purposes of this Chapter shall be restricted to mean trees, shrubs, ground cover, annuals, perennials, bulbs, grasses, vines, and aquatic plants, with the exception of State and Federally protected and endangered vegetative specie which in all cases shall be preserved. Veterinary Clinic: Facility for the temporary boarding and treatment of domestic animals, operated under the supervision of a licensed veterinarian. Vehicle Repair: A business providing vehicle repair and or bodywork to the motoring public. Vibration: A periodic displacement of the earth measured in inches. on Clearance Area: A triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two NE Subchapter 23 ........................... ................... ..................... .......... - Development Code sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. Water Related Habitats: Areas designated for wetland, tree and understory preservation and including significant stands of predominately native water related habitat. These areas include wetlands. Waterbody: Area that in a normal year has water flowing or standing above ground to the extent that evidence of an ordinary high water mark is established. Wetlands contiguous to the waterbody are considered part of the waterbody. 1111� III MI 1�11111111lllpll Jill 111111 Jill N Wetlands: jurisdictional wetlands as defined by the Federal Clean Water Act and the standards and guidelines in use by the United States Army Corps of Engineer, including the Federal Manual for Identifying and Delineating jurisdictional Wetlands. Those areas that are inundated or saturated by surface or ground water (hydrology) at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation, and are (hydrophytes) typically adapted for life in saturated soil conditions (hydric soils). Wetlands generally include swamps, marshes, bogs, and similar areas. Wholesale Nurseries: An area where plants are grown for transplanting, for use as stocks for budding and ruraftin . ani - or for sale in I -e 4uantities for resale JjLull The business mar, have up to 50% retail sales in conjunction with the wholesale sales. Wholesale Sales: A business engaged in the sale of commodities in large quantities for resale purposes. Wholesale Storage and Distribution: The storage and distribution of goods and merchandise produced or manufactured off -premises for later shipment to retail or wholesale distributors. Yard: A required open space located on the same lot as the principal structure, unoccupied and unobstructed except for accessory uses and landscaping. Yard, Front: A yard extended across the full width of and situated between the front lot line and the principal structure line projected to the side lines of the lot, the depth of which shall be the least horizontal distance between the front lot line and the structure line. Yard, Rear: A yard extending across the full width of the lot between the rearmost line of the principal structure projected to the side lines of the lot and the rear lot line, the depth of which shall be the least horizontal distance between the rear line of the principal structure and the rear lot line. In all cases, the rear yard shall be at the opposite end of the lot from the front yard. Yard, Side: A yard between the principal structure and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the principal structure. A corner lot shall have one front yard and one side yard. RE,