1977-042No. 9 N
AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO 69-1) OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING
CERTAIN ARTICLES, PROVIDING FOR A SEVERABILITY CLAUSE, AND DECLAR-
ING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
PAR I
That Zoning ordinance (Ordinance No 69-1) of the Code of Ordin-
ances of the City of Denton, Texas, is hereby amended and changed in
the following particulars:
(1) Article 12A (5), (25), (60)(a) 3, (61) and (63) are hereby
deleted and amended by adding new definitions (5), (25), (60)(a) 3,
(61) and (63), and by adding a new definition (65) which shall here-
after read as follows
"(5) Community Unit Development - An area of two (2) acres
or more of unsubdivided land or the frontage on one side of the street
between two intersecting streets planned as a single integral resi-
dential development The minimum lot depth, lot width, lot or site
area per dwelling unit, and the minimum front yard, side yard, or
rear yard setback may be reduced from the standards prescribed for the
district in which the Community Unit Development is located provided
that the overall density is in compliance with the district standards
The Community Unit Development is subject to site plan approval by
the Planning and Zoning Commission and changes, including provision
of permanent community open space, shall be noted on the subdivision
plat Where the overall density standards are proposed to vary from
those of the district in which the Community Unit Development is
located, the development should be handled under Planned Development
procedures "
"(25) Off-street`TArking Incidental to the Main Use - Off-
street parking spaces provided in accordance with the requirements
specified by ordinance and located on the same lot or tract occupied
by the main use Off street parking may be provided on an adjacent
lot or tract when approved by the Traffic Safety Coordinator so as to
provide convenient access for the public "
"(60)(a) 3 Paved parking must be provided at the ratio of
one space for every three (3) seats under maximum setting arrangement
or one (1) space for each 100 square feet of floor area whichever
is greater "
"(61) Bedroom - Any room in multi-family development
other than a kitchen, living-dining room, bathroom or closet
Extra kitchens, game rooms, living rooms, separate dining rooms,
dens, sun rooms, or similar extra rooms shall be considered as bed-
rooms in computing density standards for apartment buildings "
"(63) off-Street Parking for Private Clubs - Paved parking
must be provided at the ratio of one space for every three seats
under maximum seating arrangement or one (1) space for each 100
square feet of floor area whichever is greater "
"(65) Efficiency - A unit in multi-family development
generally combining the living, sleeping and kitchen space in one
area and being 450 square feet or smaller in size "
(2) That Article 13 "Area Regulations" is hereby amended by
deleting those portions of Article 13A(a), 13B(a) and 13C(a) that
require minimum lot sizes, minimum lot widths and minimum lot depths
for "Planned Development Districts (PD) "
(3) That Article 13 "Area Regulations", Section C "Lot Depth"
(a) and (b) is hereby amended to change the minimum depth of lots in
feet for multi-family use in residential and non-residential districts
to 100 feet
(4) That Article 13 "Area Regulations" Section F(2) is hereby
amended by deleting subsections (b), (c) and (d), adding new sub-
sections (b) and (c) to read as follows, and changing the present
subsections (e), (f), (g) and (h) to (d), (e), (f) and (g) respec-
tively
"(b) Multi-family dwellings not exceeding two (2) stories
in height shall provide a minimum side yard of ten (10) feet Where
apartment buildings or structures are constructed to exceed two (2)
stories in height, a side yard equal to one (1) foot for each two
(2) feet of building height shall be required except that such side
yard need not exceed fifty (50) feet "
"(c) on a corner lot a side yard adjacent to a street for
multiple-family dwellings not exceeding two (2) stories in height
shall be a minimum of fifteen (15) feet "
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(5) That Article 13 "Area Regulations" Section G is hereby
amended by deleting subsections (a) and (e), and adding a new sub-
section (a) to read as follows
"(a) No main residential building may be constructed
nearer than ten (10) feet to the property line In multi-family
dwellings exceeding two (2) stories in height, a rear yard equal
to one (1) foot for each two (2) feet of building height shall be
provided except that no rear yard need exceed fifty (50) feet as a
result of this provision "
(6) That Article 13 "Area Regulations" Section H "Highway
Setback Requirements" is hereby deleted
(7) That Article 15 "Vehicle Parking Regulations" is hereby
amended by deleting the first paragraph, Section A (1) through
(15), adding a new first paragraph and new Section A (1) and (2),
and changing the present subsection (16) to (3)
"Except as hereinafter provided, no buildings or structure or
part thereof shall be erected, altered, or converted for any use
permitted in the district in which it is located unless there shall
be provided on the lot or tract off-street parking in the following
ratio of vehicle spaces for the uses specified in the designated
districts An established use lawfully existing at the effective
date of the ordinance need not provide vehicle parking as herein-
after set forth and no existing vehicle parking in connection with
said use at the effective date of this ordinance may be reduced
below the minimum number of spaces as hereinafter required
Parking space size and minimum maneuvering area shall conform
to the specifications set forth in appendix illustration No 13
The parking space provided shall be exclusive of space required
for solid waste containers
A The minimum off street parking spaces for residential use
shall be as follows
(1) one and two family dwellings - Two (2) spaces for
each dwelling unit
(2) Multi-family Dwellings
a one (1) space for each bedroom unit in dormi-
tories, rooming houses, or other group housing
structure
b, one and one-fourth (1 25) spaces for each
efficiency unit
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c one and one-half (1 50) spaces for each one
bedroom unit
d One and three-fourths (1 75) spaces for each
two bedroom units
e Two (2) spaces for each three bedroom or larger
units.
(8) That Article 15 "Vehicle Parking Regulations" Section B
is hereby amended by deleting subsection (18) and adding a new sub-
section (18) that reads as follows
11(18) Restaurant or Cafeteria - One (1) space for every
three (3) seats under maximum seating arrangements or one (1) space
for every one hundred (100) square feet of floor area whichever is
greater "
(9) That Article 18 "Accessory Building Regulations" Section
A(3) is hereby deleted and a new Section A(3) is added to read as
followsI
"(3) Rear Yard -There shall be a rear yard for accessory
buildings not less than three (3) feet from any lot line, alley line,
or easement line, except that if no alley exists the rear yard shall
not be less than ten (10) feet as measured from the rear lot line
(10) That Article 19 "Special Area and Use Regulations" is here-
by amended by deleting Sections A and B and adding new Sections A and
B to read as follows
"A Separations - There shall be a minimum separation be-
tween buildings used as a multi-family dwelling, including canopies
and balconies, of twenty (20) feet However, where neither building
wall contains openings for windows, light or air, a minimum separa-
tion of ten (10) feet may be provided "
"B Location of Dwellings and Buildings - Only one main
building for one family or two family use with permitted accessory
buildings, may be located upon a lot or unplatted tract except where
building arrangements have been approved in accordance with Planned
Development procedures More than one main building for multi-
family, retail, commercial, or industrial use may be located on a lot
or unplatted tract Each building shall face or front on a public
street, other than alley, and shall have at least one means of access
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to such street with a minimum width of thirty (30) feet No park-
ing area or required open space for one building shall be computed
as being the open space, parking, or area requirements for any other
buildingior use.
When a lot is desired to be used for a combination of retail,
commercial or industrial purposes or for a combination of these
uses and dwelling purposes, or when two or more main buildings are
desired to be placed on a lot and will not front a public street,
then the same may be permitted when a site plan for the total deve-
lopment is approved by the Planning and Zoning Commission
(11) That Article 27 "Genera; Definitions" is hereby amended
by deleting Section A (46), (58) and (59) and adding new definitions
(46) and (59) to read as follows
11(46) Parking Space - A hard surface (i e, concrete or
asphalt) area that is marked to delineate individual parking spaces
with a minimum maneuvering area as specified in appendix illustrations
No 13 and 13A. No parking area or maneuvering space shall encroach
on a public street and access to all parking areas shall be provided
by distinct driveways from adjacent public streets "
"(58) Deleted
"(59) Yard, Front - An open, unoccupied space on a lot
facing a street extending across the front of a lot between the side
lot lines and from the main building to the front lot or street line
with the minimum horizontal distance between the street line and the
main building line as specified for the district in which it is
located This front yard shall not be obstructed from a point forty
(40) inches above the general ground level by a fence or other object,
except as provided for roof overhang or similar special architectural
features or plant material (see appendix illustrations 3 and 5) "
(12) That Appendix 13 (p 1203) of the Zoning Ordinance (Ordin-
ance No 69-1) is hereby deleted and a new Appendix 13 and 13A is
added as follows
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APPENDIX Q
PARKING SPACE AND 4ANCU9rRTNC SPACE
REQUIRED M 900 ANGLE PARKING
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(13) That Article 13 "Area Regulations", Section D (2) b
is hereby deleted and amended by adding a new subsection (2) b
which shall hereafter read as follows
"b. Unit density standards for MF-1, MF-2, 0, NS,
GR, C, CB, LI for Multi-family dwelling three
(3) stories or less in height
An efficiency unit requires a minimum land area
of 1000 square feet A one bedroom unit requires
a minimum land area of 1200 square feet. For each
additional bedroom, an additional 300 square feet
of land area is required
PART II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or 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
PART III
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is here-
by 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 pass-
age
PASSED AND APPROVED This the 2nd day of August, 1977
ELINOR HUGHES, MAR
CITY OF DENTON, TEXAS
ATTES
i
BROOKS HOLT,`CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
PAUL C ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
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