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1969-001 %(+$1$%$1$-"$%.1, 1969001 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.8914710/24/89JR AmendedbyOrdinanceNo.9628112/17/96JR AmendedbyOrdinanceNo.200004402/01/00JR 1 N" ' ~ r^ A-do ' ZONING ORDINANCE CITY' OF DENTON, TEXAS 1 1 t TABLE OF CONTENTS Article No. Title Page No. 1 Purpose 1 ' 2 Zoning Districts Established . . . . . . . . . . . . . . . 1 3 Zoning District Map. . . . . . . . . . . . . . . . . . . . . . 2 4 Zoning District Boundaries . . . . . . . . . . . . . . . . . . . 3 5 Temporary Zoning -Annexed Territory. . . . . . . . . . . . . . 4 6 Compliance Required 5 7 Use Regulation District . . . . . . . . . . . . . . . . . . . . 5 ' 8 Classification of New and Unlisted Uses . . . . . . . . . . . . . 13 9 Performance Standards 13 10 Specific Use Permits 20 11 PD.. Planned Development District . . . . . . . . . . . . . 21 12 Definitiow and Explanations Noted in Use Regulations....... 23 13 Area Reyia!ations . . . . . . . . . . . . . . . . . . . . . . . 29 Lot Areas . . . . . . . . . . . . . . . . . . . . . . . . 30 Let Width 31 Lot Depth . . . . . . . 32 ' Lot Coverage and Floor Area Ratio . . . . . . . . . . . . . 33 Frog. Yard . . . . o o . . . . . . . . . . . . . . . . . . 34 Side Yard 36 ' Rear Y.*!J 38 Hit 1-iivay Setback Requirements . . . . . . . . . . . . . . . 39 14 Height itcgulations 40 15 Vehicle Parking Regulations . . . . . . . . . . . . . . . . . . 42 16 Off-Street Loading Regulations . . . . . . . . . . . . . . . . . 46 17 Sign Regulations . . . . . . . . . . . . . . . . . . . . . . . 47 ' 18 Accessory Building Regulations, . . . . . . . . . . . . . . . . 50 19 Special Area and Use Regulations. . . . . . . . . . . . . . . . 51 20 Creation of Building Site . . . . . . . . . . . . . . . . . . . . 52 21 Platting Property Not Permanently Zoned 52 22 Nonconforming Uses and Structures 53 ' 23 Board of Adjustment . . . . . . . . . . . . . . . . . . . . . . 54 24 Certificate of Occupancy and Compliance............. 57 25 Completion of Building Under Construction 57 ' 26 Amendments 58 27 General Definitions 59 28 Applicable Conditions of Previous Ordinances..... . . . . 64 29 Penalty for Violations . . . . . . . . . . . . . . . . . . . . . 65 ' 30 Preserving Rights In Pending Litigation and Violations. . Under Existing Ordinances . . . . . . . . . . . 65 ' 31 Validity 00 . . . . . . . . . t o o . . . . . . . . . . . . . 65 32 Declaration of Emergency . . • • • 66 1 1 LIST OF ILLUSTRATIONS ' Appendix Illustrations Title Pa No. 1. Lot Width . . . . . . . . . . . . . . . . . . . . . . . 70 1 2. Lot Depth . . . . . . . . . . . . . . . . . . . . . . . 70 3. Yards, . . . . . . . . . . . . . . . . . . . . . . 70 4. Corner Lot. . . . . . . . . . . . . . . . . . . . . . . 71 ' 5. Method of Measu: ing Front Yard . . 71 6. Double Frontage Lots . . . . . . . . . . . . . . . . . . 71 7. Front Yard WM:re Zoning Changes In a Block . . . . . . 71 80 Interpretation, Average Front Yard Where Yard Depth Varies. . . . . . . . . . . . . . . . . . 72 90 Special Apartment Side Yard and Spacing ' Standards. . . . . . . . . . . . . . . . . . . . . . 72 100 Floor Area Ratio . . . . . . . . . . . . . . . . . . . . 73 11. Set Back Standards High Rise Apartment and ' Similar Structures . . . . IN . . . . . . . . . . . . . 73 12. Side Yard Standards Attached Single-Family Dwellings, 73 1 1 t r ' ORDINANCE NO. AN ORDINANCE AMENDING ARTICLES 1 THROUGH 32 INCLUSIVE OF THE ' CODE OF THE CITY OF DENTON. TEXAS, ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS AND CREATING ZONING DISTRICTS IN ACCORD- ANCE WITH A COMPREHENSIVE PLAN AND WITHIN SUCH DISTRICTS REG- ULATING THE USE OF LAND, BUILDINGS AND STRUCTURES; THE HEIGHT, BULK AND LOCATION OF BUILDINGS; ESTABLISHING MINIMUM REQUIRE- MENTS FOR OFF-STREET PARKING, REGULATING THE ERECTION, REPAIR ' AND ALTERATION OF ALL BUILOIN .S AND STRUCTURES; PROVIDING FOR SPECIFIC USE PERMITS FOR CERTAIN USES; RECOGNIZING NONCONFORM- ING USES AND STRUCTURES AND PROVIDING RULES FOR THE REGULATIOA THEREOF; CREATING A BOARD OF ADJUSTMENT AND SETTING FORTH ' RULES FOR ITS ORGANIZATION, JURISDICTION AND POWERS; ESTABLISH- ING THE REQUIREMENTS FOR BUILDING SITES AND THE MANNER OF THEIR CREATION; PROVIDING FOR CERTIFICATES OF OCCUPANCY AND COMPLI- ANCE; DEFINING CERTAIN TERMS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF SAID ORDINANCE; MAKING ALL FIGURES, LETTERS, MARKINGS, SYMBOLS AND CHARTS CONTAINED IN SAID ORDINANCE OR SHOWN ON THE MAP A PART OF SUCH ORDINANCE, PROVIDING A METHOD OF AMENDMENT; PROVIDING A PENALTY FOR VIOLATION OF SUCH ORDI- NANCE AND FOR INJUNCTIVE RELIEF TO PLRSONS AFFECTED BY THE VIOLATION OF SAID ORDINANCE; PROVIDING A SAVINGS CLAUSE AND DE- CLARING AN EMERGENCY, ' WHEREAS, under the laws of the State of Texas, authority is conferred upon the City of Denton, Texas, to establish districts or zones within the City for the purpose of regulating the use of land and controlling the density of population to the end that congestion in the public streets may be lessened, the public health, safety, convenience and general welfare promoted; and, WHEREAS, the Planning and Zoning Commission pursuant to a request from the City Council made a study of the zoning regulations and existing land use of the City of Denton over a period of more than nine (9) months and recommended revisions in the zoning regulations; and, ' WHERE;;S, the City Council pursuant to a request of the Planning and Zoning Commission did call a joint public hearing on January 14, 1969 after giving written ' notice to all real property owners of record as shown by the last approved tax roll and as required by law; and, ' WHEREAS, the Planning and Zoning Commission after considering all the testimony and requests made at the public hearing did recommend the revised Zoning Ordinance in final form; and, ' WHEREAS, the City Counci I is of the opinion that the passage of the revised Zoning Ordinance and the enforcement of the provision of such Ordinance is in the public interest and deemed necessary for the promotion of the health, safety, morals and general welfare of the City; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i ENACTING CLAUSE That Articles 1 through 32 inclusive of the Code of the City of Denton, Texas, known as the Zoning Ordinance, together with all amendments thereto Is hereby awended in its entirety to ' read as follows: i t ARTICLE 1 PURPOSE The Zoning Regulations and Districts as herein established have been made in accordance with ' a Connprehensive Plan for the purpose of promoting the health, safety, morals, and general welfare of the City. They have been designed to lessen the congestion In the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the over ' crowding of land, to avoid undue concentration of populs.tion; to facilitate the adequate provi- sion of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to con- serving the value of buildings and encouraging the most appropriate use of land throughout the City consistent with a Comprehensive Plan. ' ARTICLE 2 ZONING DISTRICTS ESTABLISHED THE CITY OF DENTON, TEXAS, IS HEREBY DIVIDED INTO EIGHTEEN (18) ZONING DISTRICTS. THE USE, HEIGHT AND AREA REGULATIONS AS SET OUT HEREIN ARE UNIFORM IN EACH DISTRICT. THE EIGHTEEN DISTRICTS ESTABLISHED HEREIN SHALL. BE KNOWN AS: Abbreviated Zoning District Designation Name A Agricultural District SF-16 One-Family Dwelling District SF-10 One-Family Dwelling District SF-7 One-Family Dwelling District SF-5 One-Family Dwelling District 2F Two-Famlly Dwelling District MF-1 Multiple-Famlly Dwelling District - 1 MF-2 Multiple-Family Dwelling District - 2 U University District P Parking District ' 2 _ ' 0 Office District ' NS Neighborhood Service District GR General Retail District C Commercial District ' CB Central Business District LI Light Industrial District HI Heavy Industrial District PD Planned Development District ' ARTICLE 3 ZONING DISTRICT MAP THE BOUNDARIES OF THE ZONING DISTRICTS SET OUT HEREIN ARE DELINEATED ' UPON THE WANG DISTRICT MAP OF THE CITY OF DENTON, SAID MAP BEING A PART OF THIS ORDINANCE AS FG!.LY AS IF THE SAME WERE SET FORTH HEREIN IN DETAIL. A. Three (3) original, official and Identical copies of the Zoning District Maps are hereby adopted bearing the signature of the Mayor and the attestation of the City Secretary and e shall be filed and maintained as follows: (1) One copy shall be filed with the City Secretary and retained as the original record ' and shall rat be changed In any manner. (2) One copy shall filed with the Building Inspector and shall be maintained up-to-date ' by posting thereon all changes and subsequent amendments for observation In Issuing Building Permits, Certificates of Occupancy and Compliance and for en- forcing the Zoning Ordinance. (3) One copy shall be filed with the City Planner for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments. (4) Reproductions for infom ation purposes may, from time to time, be made of tine official Zoning District Maps. 1 1 ' -3- ' ARTICLE 4 ZONING DISTRICT BOUNDARIES THE DISTRICT BOUNDARY LANES SHOWN ON THE ZONING DISTRICT MAPS ARE USUALLY ALONG STREE74, ALLEYS, PROPE::TY LINES OR EXTENSIONS THEREOF. ' WHERE UNCERTAINTY EXISTS AS TO THE BOUNDARIES OF DISTRICTS AS SHOWN ON THE OFFICIAL ZONING MAPS, THE FOLLOWING RULES SHALL APPLY. ' A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. Be Boundaries indicated as approximately following platted lot lines shall be construed aL following such lot lines. Co Boundaries indicated as approximately following city limits shall be construed as follow- ing city limits. D. Boundarizs Indicated as following railroad lines shall be construed to be the centerline of the right-of-way or if no centerline Is established, the boundary shall be interpreted to be midway between the right-of-way lines. ' E. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change In the shore line, shall be construed as moving with the ' actual shore liner boundarres indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. ' F. Boundaries indicated as parallel to or extensions of features indicated In A. through E. above shall be so construed. Distances not specifically indicated on the original Zoning Maps shall be determined by the scale of the Map. G. Whenever any street, alley or other public way is vacated by official action of the City ' Council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall he automatically extended to the centerline of such vacated street, alley or way, and all area so involved ' shall then and henceforth be subject to all regulations of the extended districts. H. Where physical features of the ground are at variance with information shown on the official Zoning District Wp, or when there arises a question as to how or whether a par- cel of property is zoned and such question cannot be resolved by the application of sub- sections A. through G., the property shall be considered as classified "A", Agricultural District temporarily in the same manner as provided for newly annexed territory and the issuance of a Building Permit and the determination of permanent zoning shall be in accordance with the provisions provided in Article 5 for temporarily zoned areas. 1 i .4- ARTICLE _ 5 TEMPORARY ZONING - ANNEXED TERRITORY ' ALL TERRITORY HEREAFTER ANNEXED TO THE CITY OF DENTON SHALL BE TEMPO- RARILY CLASSIFIED AS "A", AGRICULTURAL DISTRICT, UNTIL. PERMANENT ZONING IS ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF DENTON, THE PROCEDURE FOR ESTABLISHING PERIMNENT ZONING ON ANNEXED TERRITORY SHALL CONFORM TO THE PROCEDURE ;:STABLiSHED BY LAW FOR THE ADOPTION OF ORIGINAL ZONING REGULATIONS. A. In an area temporarily classified as "A", Agricultural District: ' (1) No person shall erect, construct or proceed or continue with the erection or con- struction of any building or structure or add to any building or structure or cause ' the same to be done in any newly annexed territory to the City of Denton withotit first applying for and obtaining a Building Permit or Certificate of Occupancy there- fore from the Building Inspector or the City Council as may be required herein. j (2) No permit for the construction of a building or use of lanai shall be issued by the Building Inspector other than a permit which will allow the construction of a ' building permitted in the "A", Agricultural District, unless and until such territory has been classified in a zoning district other than the "A", Agricultural District, by the City Council in the manner provided by law except as provided In Article ' 5A(3) following. 1 (3) An application for a permit for any use other than that specified in Paragraph (2) above shall be made to the Building Inspector of the City of Denton and by him referred to thi Planning and Zoning Commission for consideration and recommenda- tion to the City Council, The Planning and Zoning Commission in making its ' recommendation to the City Council concerning any such permit shall take into non- sideration the appropriate land use for the area and the Comprehensive Land Use Plan for the City of Denton. The C ity Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission, may by majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may dis- approve the application. 1 i 1 1 -5 i ARTICLE 6 COMPLIANCE REQUIRED ALL LAND, BUILDINGS, STRUCTURES OR APPURTENANCES THEREON LOCATED WITHIN THE CITY OF DENTON, TEXAS, WHICH ARE HEREAFTER OCCUPIED, USED, ERECTED, ALTERED, REMOVED, DEMOLISHED OR CONVERTED SHALL BE USED, REMOVED, PLACED AND ERECTED IN CONFORMANCE WITH THE ZONING REGULA- TIONS PRESCRIBED FOR THE ZONING DISTRICT IN WHICH SUCH LAND OR BUILDING ' IS LOCATED AS HEREINAFTER PROVIDED. ARTICLE 7 USE REGULATION DISTRICTS USE OF LAND AND BUILDINGS i LAND AND BUILDINGS IN EACH OF THE FOLLOWING CLASSIFIED DISTRICTS MAY BE USED FOR ANY OF THE FOLLOWING LISTED USES BUT NO LAND SHALL HEREAFTER BE USED AND NO BUILDING OR STRUCTURE SHALL HEREAFTER BE ERECTED, ALTERED OR CONVERTED WHICH IS ARRANGED OR DESIGNED OR USED FOR OTHER THAN THOSE USES SPECIFIED FOR THE DISTRICT IN WHICH IT IS LOCATED AS SET FORTH BY THE FOLLOWING SCHEDULE OF USES; A. LEGEND FOR INTERPRETING SCHEDULE OF USE ' Designates use permitted In district indicated Designates use prtkibited In district indicated. S Designates use may be approved as Specific Use ' Permit, Article 10. i 1 1 i -6- A w-Hl W4 SF•1 6F•5 tf W-1 W-2 Y P 0 %3 64 C 00 Lf Nr ►o I- N 'J S~ pU TYPE USE in ; W W r I r ~r r y ~y y~~ ~ a 8 OTi 8 F Sea S 1~ 1~~JI oc ' B PRIMARY RESIDENTIAL USES ONE FAMILY DWELLING DETACHED 111 ONE-FAMILY DWELLING T r r~,ti~ 4 r r 9~ y ATTACHED tb ✓'~0 'y ;n y q', c YW04AMILV OWE LLING t31 e 1 0 4+ M1I rM1., ' M UL TIPLE-FAMIL Y OWEL LING OR APARTMENT 14) 77 j COMMUNITY UNIT S S S S S S S DEVELOPMENT DORMITORY, BOARDING OR k RDOMING HOUSE IV HOTE'. 011 rN' c " .;r MOTEL IT 1RAH,ER OR MOBILE NOME S AS FORD DWELLING 10 r a; TRAILER CAMP OR I MOBREXOMEPARK 191 ' C EDUCATIONAL, INSTITUTIONAL 6 SPECIAL U90, All GALLERY ON ' MUSEUM 1101 CEMETERYOR MAUSOLEUM S S S S S $ S S S S S S S S CHURCH OR RECTOIIY COLLEGE USIVER ' OR PRIVATE SCHOOL f1TY 11T S $ S . S S S S COMMUNITYCENTER:r4 (PUBLICP DAVCAMP S $ S S S S S $ DAY NURSERY OR ":2 H; NINOERGARTEN SCHOOL IIAI S S S S $ $ < 1. ' FAIRGROUND OR W EXHIBIT ION AREA S S i zc FRATERNITY, SORORITY, S, S LOOOE OR CIVIC CLUB NOME FOR CARE OF ALC ONOI C, NARCOTIC 04 PSYCHIATRIC S S 1 T HOSPI CL (GENERAL (161 $ S S S S ACUTE ARL) ' HOSPITAL CHRONIC S S S S.: CARD 11 T7 IMSTITuTIONSOF RELIGIOUS r.. OR PNILANSXROPC S S S S S S ^ t n?,;, y<, LISRARYIPUBLKI MONASTERY 04 S S S $ S S ^ Y y CO'IVENT NURSING HOME OR S $ S $ S S S $ j„ RESIDENCE NOME FORAGEDt10 PARK, "vs*OU+10 DA #y? 'f: r•-`' '~'Y PUBI IC C OMMUNIT V CENT ER '+~-l"y + v -7- A V-16 K iF•7 SF-5 IF NRF-1 MF•[ U ► 0 ATS GR 0 G{ LI MI T PD yrE N t H Y f F ► yyN~1 ~i S~ J t Y V ► ~YYNC J €~Ui f TTPE USE .8 Y~ Y co s O `F OLE ILA .1 Y "CHO, PTE lIIUAY ORISEf ONDARV S S $ $ S S $ . v.::: SCHOOL, PUBLIC OR Of NOM INA T IONAI SCHOOL, BUSINESS OR TRADE 1201 S t , iV D UTILITY, ACCESSORY AND INCIDENTAL USES ACCE SSORY BUILDING (211 COAlULNIlV CL%110 IPRIVATEI ELECTRICAL GE NE RATING S S S PLANT ' LLtCTRICAL SU6S1l710N S 5 5 S S S S 5 ELECTRICAL TRANSMISSION r~=4".+ ~~'kl i i/nr !4/.' yr = i'. r~Hh fn G'/./r ' •y5'aP` f y'` LINE '.w Y.; . e, . . FIE LO OR CO1ISiNUCTION ~jrjC(T TC A✓r,!rv L AND C 1111ALL IN r1 'L U''. N"LCTCR clE 111.0 OFFICE ITEMPOMRYI f221 FIRE $141100 OR SIMILAR PVGLIC SATETY GAS iMNSMISSION LINE AND M(TERI%G STATION NOME OCCUPATION 0231 ~::Sr LOCAL OT}LITY DISTRIG-0104 LINES (241 ` 4 r i OFF47911 PARKING 114CIDENIAL7TO MAIN USE 1251 ' PRIVATE UTILITY SHOP ...5 S S S . OR S10AAGE YARD PUFLOC VIL CNG, SHOP, YARD Or LOCAL, STATE OR S S S $ $ S S S $ S S S FEDERAL COYCRNMENF 1 ' RADIO AND TE1.10501 OR 9 S S $ $ S S $ S S 5 S S MKRO-WAVE TOYER 12'h SEWAGE PUMPING STATION ' SEWAGE TREATMENT S $ S S / $ PLANT SWIMMING F nq: r i/" :y ii . ' TELEPHONE OFFICt 4, Il NO lRN y rr r "f" V ' r EXCHANGE, SWIICHI.., "5 L RELAY STATION 0271 " ' r t , Y i+ WATER R[ St RV01R, WATER ri•r,; ,+yr, 4. y V1 r• /P/ iry.: 9 y r:. All PUMPING STATION OR WELL • „ IF i r- Nr .i/ w n WATER ;RfArMENT,: S S S S S S S S S S S♦;^.. ' PLAMT . E RECREATIONAL AND ENTERTAINMENT USES AMUSEMENT, COMM[ACM' S 1 W i D00R1 _ • N-~i • ' AMUS[MEN1,COMMERCIAL r 11NUOORI 13111 r .8- A SF-16 SF40 SF-7 SF-5 2F MF•t MF-2 U P i n NS GA C CS LI MI ~D N j r rI~ TYP[ uSC y ra ►a s~ ►p r3 a i r r u o (K o LL rJ V 4 J C R: N~ ►a R: oo 's" ~r Y ova ioo ' W~IH GOLD COURSEIVAT[I 1311 S S S 5 S S S wX: DANCE HALL 00 NIGHT CLUE 1311 ' DRAG STRIP OR S 5 COM4IERC IAL RACING GO CART TRACK $ 5 ' COUP COURSE (PUGLIC) 133) COLD CFJRSE IC04141ERCIAL) S S t PARK OR PLAVGOOUA7 (PU£LIU 135) PLAYFiELD A STADIUM IPUEIICI 136)` S 5 S S S S S a:. 1 RODEO GROUNDS S ROLLER OR !CE S SKA1 INC RINK ' SIABLE, PRIVAIE LLUB 137) S S 5 S 5 5 S S $ .TACLE, C00JERCLAL RENTAL l3G1 S STABLE. NOAR0ING 139) S 77 77, 9AD.102 T EN•ds CLUB +Ia S S S S S S S 5 ' )HEATER, JRiVE •1Y 5 5THEATER, OTHER THAN 5 Dn. i1F TRANSPORTATION RELATED USES AIRPORI LANDING FIELD 5 S 5 S S S S 5 $ $ S QR HELIPORT .7' 711= BUS STATION OR TERMINAL ' HAULING OR STORAGE COMPANY , MOTOR FREIGHT TERMINAL RAILROAD FREIGHT 3 ' TERMINAL ' RAILROAD PASSLNGCR ` STA T )ON ' RAILROAD TRACK OR ,v , RIGHTAf-1NAY 1171 A-1 RAILROAD TEAM 113 5 + TUCK PARKING LOT j -r TRUCK PARKING LOT OR STRi! ORE 5 S R:OMMEx V r1 f11 / .9- A SF-14 SF-10 SF•F Sf•S iF MF-1 W-2 U P 0 NS GR C CS LT HI PD ~ N TYPE USE sS sa sa a$ r L^ i~ Ij O 0 C AUTOMOBILE SERVICE USES AUTO LAUNDRY AUTO PAINTING AND BODYREPAI* AUTO SALES AND REPAIR UN BUILDING) ' AUTO VA ND OR S SALVAGE Gt YARD (4S) COMMERCIAL AVID PARKING L07 ^?rx`. / am. Md. GASOLINE SERVICE w " STATM NEwAUTOPARTS n q is SALES STORE ' NEW OR USED CAR SALES LOT ON WRY r SEAT COVEN AID MUFFLER INSTALLATION SHOP ' TIRE RETREADINO 00 ti - CAPPING USED AUTO PARTS,-;, Fy {p`'•~~;. SALES UN BUILOINGI ' H RETAIL AND SERVICE TYPE USES ANYINE SHOP ff 61 rJ . BAKERY CA CONFECTIONERY SHOP (RETAIL) S S 5 ` CAFETERIA CLEANING AND PRESSING SMALL SHOP AND PICKUP (47) CUSTOM PERSONAL SERVICE SHOP (48) ~x DRAPERY, hEEDLEWCAK OR 1 fie? ~ WAVING SHOP{ 440 ~,q FLORIST OR GARKN SHOP S GREENHOUSE OR PLANT s NURSERY IRETAILI ' HANDICRAFT SH13P K J HOU SLNOI D AF PIHNC E aA 5,:' SERVICE AND REPAIR LAUNDRY OR CLEARING ' SELF SERVILE w MIMEOGRAPH, STATIONERY OR LETTER aHOP , MORTUARY OR F15NERAL PARL011 A 'I A ' OFFICE'., PROF[SSIONAI ,.i AND ADV1kISTRATTVE ' -10- r0 A SF-Hi SF40 SF•T SF-5 EF MP-1 MF•E U P 0 MS OR C CIE LI PO F ~ N FF J 1j p F TYPE USE a6 aO >r~ s ~o ~ 'gal 1 10 is 2S 1; 1110 PAWN SHOP Of STA URANT W IT HOOT $ y Y DRIVE-IN SERVICE $ 4i RESTAURANTWIIH DRIVE41 S►.ra..e 1 y RETAIL STONES Ak9 SHOPS 4,000 SQUARE FEET OR LESS h ; 4 RETAIL S►ORESAND SHOPS ' OVER 4,000 SQUARE FEET STUDIO FOR PHOTOCRAPNER, a MUSICIAM, ARTIST OR HEALTH SECOKOHAID STORE, USEDk r FURNITURE OR RUMMAGE SALE r rw TOOL 04 TRAILER RENTAL I I SIGN AND IDENTIFICATION USES MME PLATE 1491 ~SIGN, REAL ESTATE ISOD • x ? r y' ` M'.~ s r fF,4 SKIN. C4MISTRJCTION t511 ' SIGN, DEVELOPMENT 4621 SUBJECT TO APPROVAL OF SUILI)MC M5PtCT9R I` EE 11.2° C.1 :rw SIGN, INSTITUTNDRAL 157! 9 !k , r r.2 r v .i ' SIGN, APARTMENT NAME(34) ~MR, AGRICULTURAL SMN, GENERAL BUSINESS SIGN, ADVERTISING 1'JTI AGRICULTURAL TYPE USES IKL1LC a vuvA►n S S S ` ' ANIMAL CLINK: OR HOSPITAL r 4N0 OUTSIDE RUBS 09 PENS) r ~ ANIMAL DUNK., HOSPITAL CA S ,.S KENNEL WITH OUTSIDE RUNS OR Pro% FARM OR RANCN 1661 GREENHOUSE 011 PLANT NURSERY ' HATCHERV,POULTRV -ri LIVE STOCK AIK:TION S $ LIVESTOCK FEEDING PLANT, $ $ PENS OR YARDS ' -Il - A -IR SF40 Rr-r Sf-D [f MP-1 W-2 V I 0 MS GA C CR Lf HI ►D N F TYPE USE ~ B > o o ~ , ~ 3 wwss ,dt ~t ~t ~ ~r 1 K COMMERCIAL TYPE USES ' BAKERY CWHOLE SALE) yI x %r BUILDING MATERIAL SALES ' CABINET AND UPSOLSTENY SHOP w CLEANING 401D DYEWG s PUNT COMMEIICIALI r ' CLEANING PLANT, RAGS DR v"r k «(r CARPETS (SPEC UL EQUIPMEm) CLOTHING MANUFACTURE ON LIGHT COMPOUNDING 011 I ' CONTRACTORS SNDP AM STORAGE YARD ° .e ENGINE AND MOTOR REPAIRING '~Yy FEED STOVE n ;y NUYY MACHINERY a A4,t SALES AND STORAGE il IF, N N w « PRINTING 04 ' OR NEWSSPAPEPAPER PRINTING LAUNDRY PUNT COMMENCIA0 :3 . ' MILK LF►OT, DAIRY OR C t eat LIF PUNT I y PAINT SHOP'' ~`.9✓,.r A - , PITOCLEUM PRODUCTS STORAGE -WHOLE SALE PLUMB'HG SHOP ' SAND, GRAVEL OR EARTH SALES 01 OR STORAGE S SCIENTIFIC ON RESL"RCN S g ~d'~'` r LABORATORIES STORAGE AND SALE Of FURNITURE OR APPLIANCES OUTSIDE A SUILDING S(OMCE OR SALES WAREHOUSE TRAILER RENTAL CR SATES TMNSf EA, STORAGE AND ~ BAGGAGE TERMINAL WHOLESALE OFFICE AND 44. SAMPLE ROOM L NATURAL RESOURCE STORAGE AND EXTRACTION KTRACTION ANDSTORAGE ' Of SAND, CALICHE, STOVE, S S S s~ R GRAVEL ►[TROLtUM OR CASWELL PETROLEUM COLLECTING ' OR STONAOE FACILITIES - MIMINc OR STORAGE OF $ MINING WASTES S -12- A Sf-IB s►HO SF-? SP-S IF MF-H MF•I U ► 0 NS ON C Cl LI 10 FYPKy use ilill "gill 94k a " ' M SPECIAL INDUSTRIAL PROCESSES ASPHALT OR CONCRETE TEMYORA NY PLANT BY RESOLUTION OF CITYCOMMISSION BAICNING PLANT BRICK NILN ON TILE PLANT `S S 1 CEMENT OR HYDRATED ^7;3' LIMEMANOfACTUll S DUMP ON SANITARY S S FILL AREA ;hr ' OPEN SALVAGE YARD e0R RAGS OR MACHINERY, ETC. S SMELTEN OR REFINERY N GENERAL MANUFACTURING AND INDUSTRIAL USES LIGHT MA NUFACTUNING O I HNOUSTRAL USES WHICH MEET y, THE PERFORMACE STANDARDS 1 PRESCRIBED 1V 11.11 A., R~ 1 TN00UGI T. NEAYYMANUFACTUROM OR r :i.. INDUSTRIAL USES NOT PRO- HUNTED BY LAW AND ENCE►TIIG THOSE SPECIFI- CALLY LISTED AS REQUIRING 'Y SPECIFIC USE PERMITS WHICH MEETS THE PERFORMANCE STANDARDS PRESCRIBED BY ' 11.18 1, 1 THROUGH 1. ANY INDUSTRIAL USE WINCH DOE TO THE POSSIBLE EMISSION Of ENCESSNE SMOKE, NOISE, GAS, FUMES, DUST, 0000, VRNRANON OR THE DANGER OF FIRE, EXPLO- SION ON RADIATION AS MAY BE OEtERMHIEO IV THE HEALTH, S FINE 01 BUILDING OFFICIALS TO BE PRESENTLY, OR IN THE FUTURE LRLELY TO k A HAZARD 04 NUISANCE TO AD,ACEN F PROPERTY OR THE COMMUNITY AT URGE BUT WMCN My 1E LOCAffi AND OPERATED WIDEN SPECIFIC ' STANDARDS. i 1 1 i i -13- ARTICLE 8 CLASSIFICATION OF NEW AND UNLISTED USES It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Denton. In order to provide for such changes and contingert- ' cies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: A. The Building Inspector shall refer the question concerning any new or unlisted use to the 1 Plarming and Zoning Commission requesting an interpretation as to the zoning classifica- tion Into which such use should be placed. The referral of the use interpretation ques- tion shall be accompanied by a statement of facts listing the nature of the use and whether It involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sani- tary sewer. ' B. The Planning and Zoning Commission shall consider the nature and described perfonna.ice of the proposed use and its compatibility with the uses permitted In the various district:; and determine the zoning district or districts within which such use should be permitted. C. The Planning and Zoning Commission shall transmit Its findings and recommendations to ' the City Council as to the classification proposed for any new or unlisted use. The City Council shalt by resolution approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. ARTICLE 9 PERFORMANCE STANDARDS r IN THE HI, LI AND PD INDUSTRIAL DISTRICTS, ANY USE INDICATED AS A PERMITTED USE IN EACH RESPECTIVE DISTRICT ON THE USE SCHEDULE SHALL BE PERMITTED, ' AND IN ADDITION THERE SHALL BE PERMITTED ANY OTHER MANUFACTURING, PRO- CESSING, FABRICATING, PACKING OR STORAGE USE, EXCEPT THOSE REQUIRING SPECIFIC USE PERMITS WHICH CONFORM IN OPERATION, LOCATION AND CONSTRUC- *nON TO THE PERFORMANCE STANDARDS HEREINAFTER SPECIFIED FOR NOISE, SMOKE AND PARTICULATE MATTER, ODOROUS MATTER, FIRE OR EXPLOSIVE HAZARD MATERIAL, TOXIC AND NOXIOUS MATTER, VIBRATION GLARE AND OPEN ' STORAGE: i ~I -14- A, PERFORMANCE STANDARDS "PD" AND "LI" INDUSTRIAL DISTRICTS (1) Noise. At no point at the bounding property line of any use in the "PD" or "LI" Industrial Districts 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: ' a. MAXIMUM PERMiSSABLE DAYTIME* OCTAVE BAND -DECIBEL LIMITS AT THE BOUNDING PROPERTY LINE** III THE "PD" OR "Li" INDUS- TRIAL DISTRICT. ' Octave Band 37 75 150 300 600 1200 2400 4800 A ' (cps) 75 150 300 640 1200 2400 4800 9600 Scale Decibel Band Limit ' (db re 0.0002 86 76 70 65 63 58 55 53 65 Microbar) Note: A Scale levels are provided for monitoring purposes only and are not applicable to detail sound analysis. Daytime shall refer to the hours between sunrise and sunset on any given day. 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 parcels of property shall be ' interpreted as the bounding property linee be THE FOLLOWING CORRECTIONS SHALL BE MADE TO THE TABLE OF ' OCTAVE BAND-DECIBEL LIMITS IN DETERMINING COMPLIANCE WITH THE NOISE LEVEL STANDARDS IN THE "PD" OR "Ll" INDUSTRIAL DISTRICT: 1 When Noise is present at nighttime - subtract (-7 db.) When Noise contains strong pure-tone components or Is impulsive, that ' is when meter changes at 10 aecibels or more per second - subtract (-7 db.) When Noise is Present For Not More Than: ' 1/2 minute in any 1/2 hour period 1 minute in arty 1 hour period add 010 db.) 10 minute in any 2 hour period ' 20 minute In any 4 hour period co Measurements of Noise shall be made with a sound level meter on octave band ' analyzer meeting the standards prescribed by the American Standards Association. ' -15- ' (2) Smoke and Particulate Matter. NO OPERATION OR USE IN THE "PD" OR L CAUSE, CREATE OR ALLOW THE EMISSION ' FOR MORE THAN THREE MINUTES IN ANY ONE HOUR OF AIR CONTAMI- NANTS WHICH AT THE EMISSION POINT OR WITHIN THE BOUNDS OF THE ' PROPERTY ARE: a, As dark or darker in shade as that designated as No. 2 on the Ringleman ' Chart as published by the United States Bureau of Mines Information Circular 7118. ' b. 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 (2) a. above except that, when the preserr:e 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 (2) a. and b. shall not apply, ' c. The emission of particulate matter from all sources in a "PD" or "LI" Industrial District shall not exceed 0.5 pounds per acre of property ' within the Flant site per any one hour. d. The oven storage and open processing operations, including on-site ' transportation movements which are the source of wind or airborne dust or other particulate natter, or which Involves dust or other particulata air contaminant 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 l (11000) cubic feet of air. (3) Odorous Matter. 1 a. No use shall be located or operated in the "PD" or "Ll" Industrial District which involves the emission of alorous matter from a source of operation ' where the odorous matter exceeds the odor threshold at the bounding pro- perty line or any point beyond the tract on which such use or operation Is located, b. The odor threshold as herein set forth shall be determined by observation ' by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforc- Ing officer or where specific measurement of nict, concentration Is required, ' the method and procedures specified by American Society for Testing Materials A.S.T.M.D. 1341-57 entitled Stardard Method for Measure- ment of Oda in Atmospheres shall be used arn copy of X.S:TJA.D. 1391-37 IsTkre" y6Torp"orated by reference. 1 16- (4) Fire or Explosive Hazard Material, a. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted In the "PD" or "LI" Industrial District except that chlorates, nitrates, percholorates, phosphorous and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when ap- proved by the Fire Department of the City of Denton. b. The storage and use of all flammable liquids and materials such as proxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the Fire Department of the City of Denton. (5) Toxic and Noxious Matter. No operation or use permitted in the "PD" or "Li" ustr District shall emit a concentration across the bounding property 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 Texas ' State Department of Health in Threshold Limit Values Occ tional Health Regulation No. 3, a copy of which Is rey Incorporated re rence a is on T%7n Hof the Building Inspector of the City of Denton. (b) Vibration. No operation or use in the "PD" or "Lit' Industrial District shall at any me create earthborn vibration which when measured at the bounding property 1 line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified: i FREQUENCY DISPLACEMENT CYCLES PER SECOND IN INCHES 0 to. 10 .0010 ' 10 to 20 00008 20 to 30 .0005 ' 30 to 40 .0004 40 and Over .0003 ' (7) Open S_tora e. No open storage of materials or commodities shall be permitted in to PD~ ''rLs" industrial District except as an accessory use to a main use located In a building. No open storage operation shall be located in front of the ' main building and no storage use shall constitute a wrecking, Junk, or salvage yard. 1 -17- ' Be PERFORMANCE STANDARDS "H1" DISTRICT ' (1) Noise. At no point at the bounding property line of any use in the "HI" District she sound pressure level of any operation or plant exceed the decibel limits specified In the Octave Band groups designated Ira A following table. t as MAXIMUM PERMISSIBLE DAYTIME* OCTAVE BAND - DECIBEL LIMITS AT THE BOUNDING PROPERTY LINE** IN THE "Hi" HEAVY INDUSTRIAL DISTRICT. Octave ' Band 37 75 150 300 600 1200 2400 4800 A (cps) 75 150 300 600 1200 2400 4800 9600 Scale Decibel Band Limit (db. re 0.0002 90 80 74 69 65 62 60 58 70 e Microbar) Note: A Scale 'levels are provided for monitoring purposes only and are not applicable to detail ' sound analysis. * Daytime shall refer to the hours between sunrise and sunset on any given day. Bounding Property Line shall be Interpreled as being at the for 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 parcels of property shall be inter- preted as the bounding property fine. be THE FOLLOWING CORRECTIONS SHALL BE MADE TO THE TABLE OF COMPLIA ' W OCTAVE ITH THBAND NOISEDL VIEL STAN ARDS IN THE "Hi" D STRICT:.NCE ' When Noise Is present at nighttime - Subtract (-7 db.) When Noise contains strong pure-tone components or Is impulsive, that is when meter changes at 10 decibels or more per second - Subtract ' (-7 db.) When Noise is Present For Not More Than: ' 1/2 minute in any 1/2 hour period I minute In any 1 hour period add ( + 10 db.) 10 minutes in any 2 hour period ' 20 minxes in any 4 hour period der meeting c e standards prescribed by the American Standards Association. ta t ' -18- (2) Smoke and Particulate Matter. NO OPERATION OR USE IN THE "HI" DISTRICT ALLOW THE EMISSION FOR MORE THAN ' ' ' THREE MINUTES IN ANY ONE HOUR OF AIR CONTAMINANTS WHICH AT THE EMISSION POINT OR WITHIN THE BOUNDS OF THE PROPERTY ARE: ' as As dark or darker In shade as that designated as No. 2 on the Ringleman Chart a~. published by the united States Bureau of Mines Information Bulletin 7118. ' b, 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 as ' above 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 atmosphere, the standards e specified in (2) a, and b, shall not apply. c. The emission of particulate matter from all sources in an "HI" District shall ' not exceed 1.0 pounds per acre of property within the plant site per any one hour. i d. The open storage and open processing operation including on site trans- portation movements which are the source of wind or airbome dust or other ' particulate air contaminants, generating equipmeat 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 (3) Odorous Matter. t a. No use shall be located or operated in "HI" District which involves the emission of odorous matter from a source operation where the odorous matter exceeds a concentration at the bounding property line or any point beyond ' which when diluted w;th an equal volume of odor free air exceeds the odor threshold (2 odor units). b. The odor threshold and odor unit as herein set forth shall be determined by observation by a person or persons. In any case where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the ' enforcing officer or when specific measurement of odor concentration is re- quired, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. 1391.57 entitled Standard Method for Measurment of Odor in Atmosphere shall be used and a copy of A , . 1391-57 Is ere y ncorp"ora"~ by reference. 19- (4) Fire or Explosive Hazard Materials a. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted In the "H!" District except when ' such use is to conformance with all other Ordinances of the City of Denton and has been approved by the Fire Department. ' b. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be per- mitted only when such storage or use conforms to the standards and regula- tions of the Fire Department of the City of Denton. (5) Toxic and Noxious Matter. No operation or use permitted in the "Hi" District shall emit a cone on across the bounding property line of the tract on which such use or operation Is located of toxic or noxious matter which wil l exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an ' Industrial worker as such standards are set forth by Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is here y Incorporated by reference a is on in office orfiv Building Inspector of the City of Denton. (6) Vibration. No operation or use in the "HI" District shall at anytime create earth- born vibrations which, when measured at the bounding property line of the source operation, exceed the limit of displacement set forth In the following table in the frequency ranges specified: FREQUENCY DISPLACEMENT CYCLES PER SECOND IN INCHES ' 0 to 10 .0020 10 to 20 .0016 20 to 30 .0010 ' 30 to 40 .0006 40 and Over 40005 ' (7) Open Stors e. Open storage of material and commodities Is permitted In the "HI" s c ex pt that junk yards, salvage yards, and any timllar open storage of used machliery or used equipment or material for rouse of parts, dismantling, wrecking or reprocessing may be located only after review by the City Council for the purpose of establishing the probable effect of such use on adjacent property. t After review, the City Council may, based upon Its findings, approve or disapprove such use provided in Article 10. (f}) Glare. No use or operation in the nLI", "H!" or `PD" Industrial Districts shall Toca d or conducted so as to produce intense glare or direct Illumination across the bounding property ling from a visible source of illumination nor shall any such t light be of such intensity as to create a nuisance or detract from the use and enjoy- ment of adjacent property. -20- ARTICLE 10 SPECIFIC USE PERMITS t THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AFTER PUBLIC HEARING AND PROPER NOTICE TO ALL PARTIES AFFECTED AND AFTER RECOMMENDATIONS BY THE PLANNING AND ZONING COMMISSION MAY AUTHORIZE THE ISSUANCE OF SPECIFIC USE PERMITS FOR THE USES INDICATED BY "S" IN THE USE SCHEDULES ARTICLE 7 A THROUGH N. ' A. The Planning and Zoning Commission In considering and determining its recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may in the interest of the public welfare and to assure compliance with this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit Is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may Impose such development standards and ' safeguards as the conditions and location indicate important to the welfare and protec- tion of afjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explos,on, glare, offensive view or other undesirable or hazardous Ginditions. i B. All Specific Use Permits approved in accordance with the provisions of this Ordinance in its original form or as hereafter amended shall be referenced on the Zoning District Map and a list of such permits shall be maintained in the appendix of this Ordinance. i 1 1 -21- ' ARTICLE 11 PD, PLANNED DEVELOPMENT DISTRICT A. The City Council of the City of Demon, Texas, after public hearing and proper notice to all parties affected and after recommendation from the Manning and Zoning Commission, may authorize the creation of time following types of Planned Development Districts: ' 1. Shopping Center on tracts of three (3) acres or more. ' 2. Housing Development on tracts of three (3) acres or more, or a Community Unit Development. 3. Industrial Parks or Districts on tracts of ten (10) acres or more. ' 4. Medical Center and Hospital. 5. Civic Center and Community Center. b. Office Center. 7. Recreation Center. 8. A combination of any of the developments listed in 1. through 8. ' 9. Industrial uses which do not clearly comply with the Performance Standards pre- scribed for Heavy Manufacturing and Industrial Uses In the "HI" District. (See Article 7 N.) 10. Transition Districts as an extension of an existing district whereby the provision of off-street parking, screening walls, open space and planting would create a pro- tective transition between a lesser and a more restrictive district. ' B. In establishing a Planned Development District in accordance with this section the City Council shall require a comprehensive s1te plan of the development. Such site plan shall be approved and filed as part of the Ordinance prior to the issuance of any Building ' Permit in a Planned Development District. Such required plan and Ordinance shall set forth the requirements for Ingress and egress to the property, public or private streets or drives, with adequate right-of-way to conform to the Thoroughfare Plan of the Cl;p of Denton, sidewalks, utilities, drainage, parking space, height of building, maximum lot ' coverage, yards and open spaces, screening wal Is, or fences and other development and protective requirements considered necessary to create a reasonable transition to and protection of the adjacent property. r - -22 C. Every Planned District approved under the provisions of this Ordinance shall be consider- ed as an amendment to the Ordinance as applicable to the property Involved. In approving the Planned Development District, the City Council may impose conditions relative to the standard of development and such conditions shall be complied with before a Certificate ' of Occupancy is issued for the use of the land or any structure which Is part of the Planned Development District and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions ' precedent to the granting of a Certificate of Occupancy. D. All Planned Development Districts approved In accordance with the provisions of this Ordinance or by subsequent amendment thereto shall be referenced on the Zoning District Map and a list of such Planned Development Districts together with the category of uses permitted therein shall be maintained in the appendix of this Ordinance. 1 1 ' -23- ARTICLE 12 DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS ' A. THE FOLLOWING DEFINITIONS AND EXPLANATORY NOTES SUPPLEMENT, ~ RESTRICT AND DEFINE THE MEANING AND INTENT OF THE USE REGULATIONS ' AS SET FORTH IN THE USE SCHEDULE, ARTICLE 7 A THROUGH N INCLUSIVE. (1) One-Family Dwelli I (detached) - A dwelling designed and constructed for occu- pancy one family a located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family. ' (2) One-Family Dwells (attached) - A dwelling which is joined to another dwelling a or more es by a party wall or abutting separate wall and which is design- ed for occupancy by one family and Is located on a separate lot delineated by front, t side and rear lot lines. ' (3) Two-Family Dwelll[rg -A single structure designed and consbwted with two liv- ing units w er a single roof for occupancy by two families. (4) Multi le-Fami1 Dwellin (Apartloent) - Any building or portion thereof, which is Tesigned, Witt re, maw ore to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three ' or more families living In Independent dwelling units. (5) Communit Unit Development - An area of three (3) acres or more of unsubdivided land or a frontage on one side street between two Intersecting streets planned as a single integral residential development which may contain variable types of housing with yard setback and open space standards diffeOng from the district in ' which it Is located but which observes the overall density standards set forth in such district. A m0lle home subdivision may be approved as a community unit development if the overall density is in compliance with the district standards in ' which the development is located. Where the overall density standards ave propos- ed to vary from those c° the district in which the community unit developr~ent is located, the development should be handled as a Planned Development District. ' (6) Soudin House Roomin House or Dormitory - A building, other than a hotel, wTiere lodging arid/or meals traree or more persons are served for rompeasation. ' (7) Hotel or Motel - A building or group of buildings designed and occupied as a tem- a ng place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of six (6) individual guest roans or units and skill furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furnitm. ' -24- ' (8) Trailer or Mobile Home as a Fixed Dwells - A dwelling designed to be trans- ' p intact on g y w c placed on & lot, connected to utilities and occupied as a fixed dwelling. (9) Trailer Cam or Mobile Home Park - A tract of land designed or being used to accommodate one or more transient portable dwelling units originally designed to be moved on wheels from location to location by automoblte, truck or similar prime ' mover. (10) Art Gallery or Museum - An institution for the collection, display and distribution ' o objects o or science, and which is sponsored by a public or quasi-public agency and which facility is open to the general public. (11) Church or Rector - A place of worship and religious training of recognized relig- or~s nc u ng Uie on site housing of ministt!rs, rabbis, priests, nuns and similar staff personnel. ' (12) Col! a University or Private School - An academic institution of higher learning, accredited or recognized by the to and offering a program or series of progra!ns of academic study and including all buildings and facilities related thereto. (13) Communit Center (Public) - A building and grounds owned and operated by a gov- t ernmenta y to the social, recreational, health or welfare of the Community served. ' (14) Kindergarten or Nursery - An establishment where more than four (4) children are housed for care ordaining during the day or portion thereof. In a single-family residence area, a minimum site of one (1) acre shall be required for the approval ' of a Day Nursery by Specific Use Permit. (15) Institution for the Care of Alcoholic Ps chiatric or Narcotic Patients - An Institu- tion res e treatment a c o c, psychiatric or narc c patients. (16) Hos ital (Acute Care) - An institution where rick or injured patients are given me ca or surgical l treatment intended to restore them to health and an active life and which is licensed by the State of Texas„ (17) Hospital (Chronic Care) - An institution where those persons suffering from illness, Injury, deformity, iciency or age, are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas. ' (18) NursI22 Home or Residence Home for Aged - A home where ill or elderly people are ' prov w lodging a meaITWIth or without nursing care. d. ' 25- (19) School Public or Denominational - A school under the sponsorship of a public or ' religious agency having a curr cu um generally equivalent to public elementary or secondary schools, but not including trade or commercial schools. (20) School Business or Trade - A business organized to operate for a profit and offer- ing Instruction an training in a service or art such as a secretarial school, barber college, beauty school or commercial art school. ' (21) Accessor Butldt - In a residence district, a subordinate building, attached or Te-tached an use or a purpose customarily incidental to the main structure such ' as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, chltdren's playhouse, storage house or gar- den shelter, bA not involving the conduct of a business. t (22) Temporary Field or construction Office - A structure or shelter, subject to removal by order the' Building nspector.. used In connection with a development or build- Ing project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. ' (23) Home Occu ations - A home occupation is an occupation carried on in the home by a member o the occupant's family, without the employment of additional persons, withc.t the use of a sign to advertise the occupation, without offering any commod- ity for sale on the premises without the use of equipment other than that custom- arily found in a household and which does not create obnoxious raise or other obnoxious conditions to abutting residential property such as emission of odor, Increased traffic or generation of light or smoke, and where the use is carried on in the main structure only. A home occupation specifically excludes the opera- tion of a repair garage, plumbing shop or similar activity In a residential area. ' (24) Local Uttlit Distribution Line - The facilities provided by a municipality Or a franchised ut . y company or distribution or collection of gas, water, surface 1 drainage water, sewage, electric power or telephone service. (25) Off-Street Parking incidental to Main Use - Off-street parking spaces provided In ac nce w requirements spec led by this Ordinance and located on the lot or tract occupied by the main use or within three hundred (300) feet of such lot or tract and located within the same zoning district as the maln use or in an ' adjacent Parking District. 1 ' -26- ' (26) Public Building Sh or Yard of Local State or Federal Government - Facilities ' such as office buildings, Maintenance Yards or shops requ rem ranches of Local, State or Federal Government for service to an area such as Highway Department Yard or City Service Center. ' (27) Radio Television or Micro-Wave Towers - Structures supporting antennae for transmitting or receiving any portion oradio spectrum, but excluding non- commercial antennae Installations for home use of radio or television. (28) Telephone Exchange, SwItchI29 Rela and Transmittl Equipment, but rat )n- ' c ng public business Facilities, storage or reps facilities, (29) Amusement Commercial (outdoors) - Any amusement enterprise offering entertains- ' me or games o skill to general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course. ' (30) Amusement Commercial (indoors) - M amusement enterprise wholly enclosed in a u ng which is treated acous rally so that noise generated by the enterprise is ' not perceptible at the bounding property line and including, twt not limited to, a bowling alley or billiard parlor. ' (31) Country Club - An area of twenty-five (25) acres or more containing a golf course a c ouse which is available to a specific recorded membership. Such a club may include as adjunct facilities, a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members. J (32) Dance Hall or Night Club - An establishment offering to the general pLblic facilities for dancing an a rtainment for a fee and subject to licensing and regulation by the City of Denton. (33) Golf Course (Public) - A golf course ov ned and operated by the City of Denton for the use,, ne a enjoyment of the citizens or by some other public agency such ' as the State or County. (34) Golf Course (Commercial) - A golf course constructed by a private Individual or ' group a opera as a commercial enterprise other than a driving range, miniature golf or similar golf oriented commercial amusement. ' (35) Park or Pia round (Public) - An open recreation facility or park owned and opera- y a public agency sucti as the Municipal Park Department or School Board and available to the general public. -27- ' (36) PPlla~ip!J or Stadium (Public) - An athletic field or stadium owned and operated by apubii- ag`ercy or educational institution for the general public including a base- ball field, golf course, football field or stadium. ' (37) Stable, Private Club - A paddock, stable and related riding and quartering facili- ties or Horses owned by a specific number of recorded members and maintained for the exclusive use of such members and guests. ' (38) Stable, Commercial - An establishment where horses are kept and rented to the generarpublrc or riding. ' (39) Stable, Boards - A stable and related open pasture where horses are quartered for owners on TWUsis. ' (40) Swim or Tennis Club -A private r:creational club with restricted membership, usually o less area than a Country Club but including a club house and a swimming ' pool, tennis courts and similar recreational facilities none of which are available to the general public, ' (41) Airport, Field or Heliport - A landing facility for fixed and rotary wing a rcpt Including terminal, fueling and repair, and storage facilities and subject to approval by the City of Denton. ' (42) Railroad Track or Right-of-Wa , but not including railroad stations, sidings, team Wicks.. oa ng ac it es, docks, yards or maintenance areas. (43) Railroad Team Track - A siding for spotting and unloading or loading box cars or o er ra rua cars and which area is connected to a public street by a drive for ' access. (44) Parks Lot Structure Commercial (Auto) - An area or structure devoted to the ' paAlng or storage o a i es or a W. May Include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure ' and creates no special problems of ingress and egress. (45) Wrecking or Auto Salvage, Yard - A yard or building where automobiles or machinery are stoned, dismantled a or offered for sale as whole units, as salvaged parts or as processed metal. (46) Antique~Shop - An establishment oVering for sale, within a building articles such 1 as gY. ss; c ina, furniture or similar furn6hings and decorations which have value and significance as a result of age., design and sentiment. i ~I u28- ' (47) Cleans Shop or Small Uundr Self Service Sh - To be of the customer self- service type or a custom cleaning shop not exceeding 2,500 square feet in floor area. (48) Custom Personal Service - Tailor, dressmaker, shoe shop or similar shop offering cus on, service,, .r (49) Name Plate - An accessory sign showing only the name and address of the owner or occupant upant of the premises on which It Is erected or placed, (50) Signs, Real Estate - A temporary accessory sign pertaining to the sale or rental of property a a ve ising property only for use for which it Is legally zoned. (51) _S.ign,CCo_n_struction - A temporary accessory sign identifying the property owner, architect, conracFor, engineer, landscape architect, decorator or mortgagee en- gaged in the design, construction or improvement of the premises on which the sign ' is located. (52) Sin Develo ment - A temporary accessory sign related to the promotion of new ' eve opme s and I ted on the premises involved in the development. (53) Sign, Institutional - An accessory sign for the Identy of a school, church, hospital or similar public or quasi-public Institution. (54) SI n Apartment Name - An accessory sign for the identification of an apartment ' building or complex f apartment buildings, (55) S ign Agricultural - An accessory sign Identifying the farm or ranch on which it is ' placed advertising the produce, crops, animals or poultry raised or quartered thereon. (56) Sign General Business - An accessory sign or graphic device which advertises only comma es or service offered on the premises where such signs are located and where such sign is not of the billboard, poster panel or painted bulletin type ' but Is a sign designed specifically for the location. (57) Sign, Advertising Poster _Panel, Painted Bulletins or Other Advertising Devices - ' A sign which' is usually a primary use of la a which promotes an advertises commodities or services not limited to being offered on the premises on which sixh signs are located. t -29- ' (58) Farm Ranch Garden or Orchard - An area of three (3) acres or more which is used or growing o usua tam pr s, vegetables, fruits, trees, and grain and for the i raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not Including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. (59) Light Fabrication and Assembl Processes - Including the manufacture of jewelry, trimming decorations a any similar item not involving the generation of noise, ' odor, vibration, dust or hazard. B. DEFINITIONS APPLICABLE TO PERFORMANCE STANDARDS ' 1. Decibel: A unit of measurement of sound pressure ' 26 Frequency: The number of times per second a vibration or sound wave oscillates. 3. Octave Band: A portion of the Audible sound spectrum. An Octave Band analyzer ' v s ` e Audible sound spectrum Into eight (8) Octave Bands. 4. Odor Threshold: The concentration of odorous matter In the atmosphere necessary to be per~IS a to the olfactory nerve of a normal 4erson. Determination of the Odor Threshold is prescribed by A.S.T.M.D. 1391-57, Standard Method for Measuring Odor in Atmosphere. ' 5. Particulate Matter: Finely divided solid or liquid matter, other than water, which is reease I& M atmosphere. ' 6. Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. 7. Toxic and Noxious Matter: Any solid, liquid or gaseous matter which Is present In s c e qua es to endanger health, safety and comfort of persons in the ' vicinity or which may cause Injury or damage to property. 8. Vibration: A periodic displacement of the earth measured in inches. 1 ARTICLE 13 AREA REGULATIONS EXCEPT AS HEREINAFTER PROVIDED, NO BUILDING OR STRUCTURE OR PART THERE- OF SHALL BE ERECTED, ALTERED OR CONVERTED FOR ANY USE PERMITTED IN THE DISTRICT IN WHICH IT IS LOCATED UNLESS IT IS IN CONFORMITY WITH ALL THE MINIMUM REGULATIONS HEREIN SPECIFIED FOR LOT AREA, LOT WIDTH, LOT DEPTH, DWELLING UNIT AREA, LOT COVERAGE AND FRONT, SIDE AND REAR YARDS AND ' DWELLING AREA: 1 ' -30- A. LOT AREA The minimum residential lot area for the various Districts shall be In accordance with the ' following schedule, except that a lot having less than her-;i. required iS,hich was an official "lot or record" prior to the adoption of this Ordinance may It used for a one- family dwelling and no lot existing at the time of passage of this Ordinance shall be re- duced in area below the minimum requirements set forth herein; (1) IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT AREA FOR RESIDENTIAL USE SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE; (a) SCHEDULE MINIMUM LOT AREAS - RESIDENTIAL DISTRICTS IN SQUARE FEET A SF I6 Sir 10 SR-T &F -5 SF Sir- 111F•2 U PO r S? r ~D ~g r TYPC U55 t ' ' 09TACHED -fALNLYDWELLMG I SIM 16,000 10,000 7,000 5,000 DtTAC ,000 5.000 5,000 5,000 0.000 SIMCLE-fAMILY OWELLIMG _ ' ATTACHED _ _ - - - - - - 2,000 2,000 - 2,000 T11,0-FAMILY OWELLRLG 5,000 1,000 5,000 0,000 0,000 MULTIPLE-FAMILY DWELLING _ 4,000 MINIMUM NMO NOT LESS THAN ONE TD THREE STORIES 1,200 FOR EACH DWELLING UNIT MULTIPLE-FAMILY Dwcu NG - - _ _ - _ _ UM MINIMUM AND NOT LESS TMAN OVER THREE STORIES 500 FOR K" DWELLING UNIT MINIMUM LOT AREA TH SQUARE FEET ' (b) SCHEDULE MINIMUM LOT AREAS - NON-RESIDENTIAL DISTRICTS IN SQUARE ' FEET P 0 M3 GR r, C• if Mf 1 TYK UN [ r ff g ag 1 MTACIKONLr DwcuwG 61000 6,000 4,000 7,000 5,000 4,000 5.00 ' E-rALRIrOMEURw ATTACHED 2,000 2,000 2,000 2,000 Z,DOO 2,000 2000 DME DVK L L INF. 9 0,000 0,000 4,000 4,000 6,000 6,000 - ~ r ' MULTIPLE-FAIIALYOWILLING 6,000 MINIMUM AND NOT LESSTIUW 1,200 FOR EACH DWELl1116 UNIT OK TD THREE STORKS MOI TIPLE-fAMILY OIYELLRIG _ 12,000 MINIMUM AND NOT LESS THAN DYER THREE STORKS - - - S00 Fpl CACk LiELU 6 IRIIT minur LOT AR[A IN SDUAK f{t1 -31- ' B. LOT WIDTH 1 The minimum lot width for lots in the various Districts used for residential purposes shall be in accordance with the following schedule, except that a lot having less width than herein required which was an official "lot of record" prior to the adoption of this Ordinance 1 may be used as a one-family dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in width below the minimum set forth herein: 1 (1) IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT WIDTH FOR RESIDENTIAL USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING 1 SCHEDULE: (a) SCHEDULE MINIMUM LOT WIDTHS - RESIDENTIAL DISTRICTS 1 A SF-16 SF-10 SF-7 SF-5 2F MF-1 MF-2 U PD TYPE USE O s > j 3 r a r a > 1 ONE-FAMILY 1 DWELLING DETACHED 150 100 70 RO 50 SO 50 50 50 60 ONE-rAMILY DWELLING ATTACHED - 2C 20 20 TWO-rAMILY ' DWELLING 60 60 60 60 60 MULTIPLE-FAMLY DWELL MG 50 60 60 1 MINIMUM WIDTH OF LOT IN FEET 1 (b) SCHEDULE MINIMUM LOT WIDTHS - NON-RESIDENTIAL DISTRICTS P o Ns CR C ce LI n 1 T YPE t3E i ONE -FAMILY OWELLI110 DETACHED 60 60 M) f0 50 50 a 1 ON[ fAMN Y DWELLDIG ATTACHED 20 20 20 20 11 20 20 TWO-FAMILY y DWELlH1G 60 60 60 60 60 M) ' MI ILEfAMN.Y DWELLING 60 60 60 eD sD t0 60 MINIMUM WIDTH OF LOT HI fF[T 1 i 1 -32- C, LOT DEPTH I ' The minimum lot depth for the various Districts shall be in accordance with the follow- ing schedule, except that a lot having less depth than herein required which was an ' official "lot of record" prior to the adoption of this Ordinance may be used for a one- family dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in depth below the minimum set forth herein: i (1) IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT DEPTH FOR RESIDENTIAL USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING ' SCHEDULE: (a) SCHEDULE OF MINIMUM LOT DEPTH - RESIDENTIAL DISTRICTS A SF-16 SF-10 SF-7 SF-S 2F MF-1 MF-2 U PO N i ~b , ~yo o ti Z TYPE USE MINIMUM DEPTH OF LOT IN FEET FOR ONE AND TWO- FAMILY RESIDENTIAL USES 150 120 120 1CJ 100 100 100 100 100 1100 (b) FEET EFOR MULTIPLE-FAMILY USE - - - - 120 3:0 - 120 ' MINIMUM DEPTH OF LOT IN FEET 1 (b) SCHEDULE OF MINIMUM LOT DEPTHS-NUN-RESIDENTIAL DISTRICTS P 0 NS GR C CS Ll HI ' U ~ 4 TYPE 113E MINIMUM DEPT" Or LOT IM FEET FOR ONE AND TWO- FAMILY RESIDENTIAL USES i00 100 100 100 100 100 100 Naw MINIMUM DEPTH Of LOT IN FEET FOR MULTIPLE-FAMILY USE 120 120 120 120 I20 flaw MINIMUM DEPT" OF LOT IN FEET ' .33- D, LOT COVERAGE AND FLOOR AREA RATIO: 1 The maximum percentage of any lot area which may hereafter be covered by the main building and all accessory buildings and the maximum ratio of floor area to the total area of the lot or tract on which a building is located shall not exceed the following 1 scheduie, except where an existing building at the effective date of this Ordinance may have a greater percentage of a lot covered or a higher floor area ratio than herein prescribed, such building shall be considered a conforming use: 1 (1) IN THE FOLLOWING ZONING DISTRICTS THE MAXIMUM BUILDING LOT COVERAGE AND FLOOR AREA RATIO SHALL BE IN ACCORDANCE WITH ' THE FOLLOWING SCHEDULE: (a) SCHEDULE MAXIMUM BUILDING COVERAGE - RESIDENTIAL DISTRICTS 1 A SF-16 SF-10 SF-7 SF-5 2F MF-I MF-2 U PD I - N Fi ~u J~ TYPF usE a W. U.3 MAXIMUM PERCENT OF LOT AREA WHICH MAY BE COVERED BY BUILDING IN RESIDENTIAL USE 20 35 35 35 40 40* 40* 40* 40* 40* ' (b) SCHEDULE MAXIMUM COVERAGE AND F.A.R. - NON-RESIDENTIAL DISTRICTS P 0 NS ck c Ca LI M TYPE USE ' k"muM PERCENT OF LOT A0EAw"OfMAYK ~OVEREO 1 NY WR.DNNi IR RES.JEMTNL 4" 400 40• 40* ~M 40~ s0• usE MARNAUM FLOOR AREA - LOT AREA RATJO-ACA =;1 ISl 7:1 1:L ORNON-NESOXI AL USES ' 1 *Sa mem cwnnN pw ls4ais for seas" bwWW 6 to 'A 0) ' -•34- ' E. FRONT YARD No building, structure or use shall hereafter be located, erected or altered so as to 1 have a smaller front yard than hereinafter required. (1) IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM REQUIRED FRONT ' Y!%RD SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE AND 110 BUILDING, STRUCTURE OR USE SHALL HEREAFTER BE LOCATED, ERECTED, OR ALTERED, SO AS TO HAVE A SMALLER FRONT YARD THAN 1 HEREINAFTER REQUIRED; (a) SCHEDULE MINIMUM FRONT YARDS-RESIDENTIAL DISTRICTS 1 A SF-16 SF-10 SF-7 SF-5 2F MF-I MF-2 U PO 1 ~ ~ ~ A ~N J TYPE USE ' MINIMUM FRONT YARD IN FEET EXCEPT AS HEREINAFTER 40 35 30 25 25 25 25 1Sto 5 25 See 13-E 13-E ' (2) 12) 1 (b) SCHEDULE MINIMUM FRONT YARDS-NON-RESIDENTIAL DISTRICTS P 0 NS GR C C6 LI HI u a8 aIx - ~ H TYPE USE Q H g ►o w N J a _j~ ~u u $St _ w 015 o $ r 1 MINIMUM FRONT YARD IN FEET EXCEPT AS HEREINAFTER 25 25 25 13 E 13-E 3-E 13•E 3{ ' - (2) (2) (2) (2) (2) 1 t -35- (2) SPECIAL FRONT YARD REGULATIONS ' (a) Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage. (See Appendix Illustration 7) ' (b) Where a building line has been established by plat or Ordinance approved by the City Planning and Zoning Commission or erected by the City Council and such line requires a greater or lesser front yard setback than Is prescribed by this Ordinance for the district in which the building line is located, the re- quired front yard shall comply with the building line so established by such Ordinance or plat. ' (c) The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. ' Eaves and roof extensions may project into the required front yard for a dis- tance not to exceed four (4) feet and subsurface structures may not project into the front yard to a height greater than forty (40) Inches. (See Appendix Illustration 5) (d) Where lots have doable frorntage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by Ordinance, in which event only one required front yard need be observed. (See Appendix Illustration 6) (e) If buildings along the frontage of any street In a residential block have ' observed an average setback which is greater or lesser In dimension than the minimum front yard established In the district, then the average front yard of all buildings In the block shall establish the minimum front yard, however, ' this regulation shall not be irAerpreted as requiring a front yard of more than fifty (50) feet or any building to observe a setback exceeding ten (10) feet greater than that observed on any adjacent lot. (See Appendix Illustration 8) (f) In the MF-2 District, a minimum front yard of fifteen (15) feet sheiI be re- quired provided, however, that in no case shall the distance from the center- line of the street on which a building fronts to the front face of the building be less than one-half (1/2) the height of the building. (See Appendix Illustration 11) ' (g) in the PD District, the following front yards shall be provided. ' Commercial or Retail Development - S Ixty (60) feet except drive-in service buildings may Rave a minimum thirty (30) foot front yard and gasoline service station pump Islands may not be located nearer than eightten (18) feet to the front property line. ' -36. ' Housinj Development - Twenty-Five (25) feet. ' Industrial Development - Thirty (30) feet. Office, Medical or Other Development - Twenty-Five (25) feet. (h) Gasoline service station pump islands shall not be located nearer than ' eighteen (18) feet to the front property Iine. (1) In the "C", "CBtt, "LI" and "HI" Districts, no front yard is required ' except that no structure may be erected nearer than thirty (30) feet to the centerline of any street upon which such structure fronts, nor may any building in the afore specAled be erected ahead of any building line estab- lished by Ordinance. F. SIDE YARD ' (1) IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM REQUIRED SIDE YARD SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE AND ' NO BUILDING, STRUCTURE OR USE SHALE. HEREAFTER BE LOCATED SO AS TO HAVE A SMALLER SIDE YARD ON EACH SIDE OF SUCH BUILDING THAN HEREIN REQUIRED. (a) SCHEDULE MINIMUM SIDE YARDS - RESIDENTIAL DISTRICTS ' A SF-16 SF-10 SF-7 SF-5 2F MF-1 MF-2 U PO ee TYPE USE N 3 o 3 F o oo ~o a ' SIDE YARD RESIDENTIAL 10 PERCENT OF LOT WIDTH REQUIRED IN EACH SIDE YARD 'TRUCTUR:SMINIMUM For Apartmerei See REQUIRED WIDTH IN FEET See 13-F I3-F, (2) SIDE YARD RESIDENTIAL NO SIDE YARD NEED E)XIED THE FOLL IN0 WIDTH IN FEET STRUCTURES MAXIMUM FOR THE DISTRICT SPECIFIED REQUIRED WIDTH IN FEET For Apabreds Sao Ses 13-F ' 15 30 7 6 S 5 13-F (2) 6 (2) t (b) In Non-Residential Districts P, U, NS, GR, C, CB, Li and HI, the side yard for ' residential uses shall be the same as required in the MF-1 District. No side yard is specified for non-residential uses except as indicated in Article 13 F (2). ' -37- (2) SPECIAL SIDE YARD REGULATIONS (a) Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein, and the ordinary projections of ' window sills, belt courses, cornices and other architectural features project- ing not to exceed twelve (12) inches into the required side yard and roof eaves projecting not to exceed twenty-four (24) Inches into the required side yard. (b) Multiple-family dwellings not exceeding three (3) stories in heigll` shall pro- vide a minimum side yard of fifteen (15) feet between any building wall corn taining openings for windows, light and air, and any side lot line except that any such building face or wall not exceeding thirty-five (35) feet In width may provide a minimum side yard of ten (10) feet. Where a building wall ' contains no openings for windows, light or air, a minimum sida yard of ten (10) feet shall be provided between such wall and the side lot line. (See Appendix Illustration 9) (c) Where apartment buildings or structures are constructed to exceed three (3) stories in height, a side yard equal to one (1) foot for each two (2) feet of building height for all building faces or walls having opening for light, air or access shall be provided, except that such side yard need not exceed fifty ' (50) feet. In all districts permitting the construction of apartment buildings exceeding three (3) stories in height, a minimum side yard of ten (10) feet shall be required for any building face or wall which contains no openings ' for windows, light or air. (See Appendix Illustration 11) (d) On a corner lot a side yard adjacent to a street for a multiple-family dwelling ' not exceeding three (3) stories in height shall not be less than fifteen (15) feet and no balcony or porch, or any portion of the building nay extend Into such required side yard, except that a roof may overhang such side yard not to exceed four (4) feet. (e) On a corner lot used for one-family or two-family dwellings, both street ex- posures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure s s gna as a s W yard by a building line shown on a plat approved by the City ' Planning and Zoning CoavMsslon containing a side yard of ten (10) feet or more the building provisions on the plat shall be observed. On lots which ' were official lots or record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall be ten (10) W. (See Appendix Illustration 4 ) 1 -7 ' - 38- W Aone-family attached dwelling shall provide a minimum required side yard adjacent to a side street of ten (10) feet and no complex of attached one- family dwellings shall exceed two hundred (200) feet in length. A minimum required side yard of five (5) feet shall be provided at the end of each one- family attached dwelling complex so that the end of any two adjacent build- ing complexes shall be at least ten (10) feet apart (See Appendix Illustration 12) ' (g) The minimum side yard requirements in a Planned Development District shall be established on the site plan which shall be made a part of ire Amending ' Ordinance. (h) No side yard is specified for non-residential use in the 0, NS, OR, C, CB, Li, and HI Districts except where a commercial, retail or industrial or other non-residential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum ten (10) foot side yard ' shall be provided on the side adjaannt to such residential district. G. REAR YARD ' NO BUILDING OR STRUCTURE SHALL HEREAFTER BE LOCATED, ERECTED OR ALTERED TO HAVE A REAR YARD 5MALLER THAN HEREIN REQUIRED. ' (a) in the A, SF-16, SF-101 SF-71 SF-5, 2F, MF-1, MF-269 U, P, 0, NS, GR, C, CB1 or Li Districts, no main residential building may be constructed ' nearer than ten (10) feet to the rear property line. The main residential building and all accessory buildings shall not cover more than fifty (50) per- cent of that portion of the lot lying to the rear of a line erected joining the ' mid-point on one side lot line with the mid-point of the opposite side lot line. For accessory building standards see Article 18. ' (b) In the 0, NS, OR, Cl CB1 LI, and HI Districts, no rear yard is specified for non-residential use except where retail, commercial or Industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed herein, a minimum rear ' yard of ten (10) feet stall be provided. (c) Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings, landscaping, fences and similar appur- tenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed four (4) feet into the required rear yard. 1 r .39. (d) The minimum rear yard in a PD, Planned Development District, shall be established on the site plan or by the Amending Ordinsoce in accordaw. ' with Article 11 B. (e) Where multiple-family dwellings exceed three (3) 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 such rear yard need exceed fifty (50) ket as a re- sult of this provision and except further that In the MF-2 and CB Districts, no rear yard exceeding ten (10) feet shall be required where the rear wall of a residential structure contains no openings or windows for light of air. r H. HIGHWAY SET BACK REQUIREMENTS r NO STRUCTURE OR BUILDINGS ADJACENT TO A UNITED STAVES OR STATE HIGHWAY SHALL HEREAFTER BE LOCATED, ERECTED OR ALTERED EXCEPT IN CONFORMANCE WITH THE FOLLOWING STANDARDSs ' (1) All structures shall be set back a minimum of fifty (50) feet from any right-of-way of the United States or State Highway System (any highway designated as a U. S. r or State Highway) Including the frontage roads thereof, but excluding the business eoutes. At the present time, this highway system includes all frontsSe roads of I.H. 35 and i.H. 35 E, Loop 288, Highway 24 from Glenwood east. Highway ' 24 from Hinkle Drive west, and East McKinney from Ruddell east. The fifty-foot area may be used for off-street parking, driveways, signs, canopies, and pump islands. No sign, canopy or pump island, however, shall be located within ' twenty-five (25) feet of such highway. r r r r r r r r 1 -40- ARTICLE 14 HEIGHT REGULATIONS ' NO BUILDING OR STRUCTURE SHALL BE LOCATED, ERECTED OR ALTERED SO AS TO EXCEED THE HEIGHT LIMIT HEREINAFTER SPECIFIED FOR THE DISTRICT IN WHICH ' THE BUILDING IS LOCATED. A, IN THE FOLLOWING THE MAXIMUM HEIGHT OF BUILDINGS ' ZONING DISTRICTS AND STRUCTURES SHALL BE (1) A, Agriculural District Three (3) stories except as noted in Article ' 14 8 following (2) SF-16, Single-Family Two and one-half (2 1/2) stories except a Dwelling District as noted in Article 14 B following (3) SF-10, Single-Family Two and one-half (2 1/2) stories except Dwelling District as noted In Article 14 B following (4) SF-7, Single-Famlly Two and one-half 12 1/2) stories except ' Dwelling District as noted In Article 14 B following (5) SF-5, Single-Family Two and one-half (2 1/2) stories except ' Dwelling District as noted in Article 14 B following (6) 2F, Two-Family Two and one-half (2 1/2) stories except 1 Dwelling District as noted In Article 14 B following (7) MF-1, Multiple-Family Three (3) stories except as noted in ' Dwelling District Article 14 B following (8) MF-2, Multiple-Family To any legal limit except apartment build- Dwelling District ings over three (3) stories require addition- al yards as specified in Article 13 ' (9) U, University District To any legal height except that buildings over three (3) stories in height require additional yards as specified In Article 13 (10) P, Parking District Three (3) stories except as noted i',: Article 14 B (11) 0, Office District To any legal limit except as rated In Article 14 B i a ' -41- ' (12) NS, Neighborhood Service Two (2) stories except as noted in ' District Article 14 B following (13) GR, General Retail District Three (3) stories except as noted in ' Article 14 B following (14) C, Commercial District Twenty (20) stories except special setback required for all structures above three (3) stories ' (15) CB, Central Business To any legal height not prohibited by other District laws or ordinances ' (lb) LI, Light Industrial To any legal height not prohibited by other District laws or ordinances ' (17) H1, Heavy Industrial To any legal height not prohibited by other District laws or ordinances ' (18) PD, Planned Development To any legal height provided that the total District floor area does not exceed the total site area and coverage of site by first floor does ' not exceed forty (40) percent of the total site area. ' B. SPECIAL HEIGHT REGULATIONS In the districts where the height of buildings is restricted to two (2) or three (3) stories, ' cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty-five (45) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, and school buildings and ' institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such ' structures exceed three (3) stories In height. ' -42- ARTICLE 15 VEHICLE PARKING REGULATIONS ' EXCEPT AS HEREINAFTER PROVIDED, NO BUILDING OR STRUCTURE OR PART THERE- OF SHALL BE ERECTED, ALTERED, OR CONVERTED FOR ANY USE PERMITTED IN THE t DISTRICT IN WHICH IT IS LOCATED UNLESS THERE SHALL BE PROVIDED ON THE LOT OR TRACT, ON AN IMMEDIATELY CONTIGUOUS LOT OR TRACT OR WITHIN 150 FEET OF SUCH BUILDING OR STRUCTURE, VEHICLE PARKING IN THE FOLLOWING RATIO OF ' VEHICLE SPACES FOR THE USES SPECIFIED IN THE DESIGNATED DISTRICTS, EXCEPT THAT AN ESTABLISHED USE LAWFULLY EXISTING AT THE EFFECTIVE DATE OF THIS ORDINANCE NEED NOT PROVIDE VEHICLE PARKING AS HEREINAFTER SET ' FORTH AND THAT 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. ' A. IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM OFF-STREET PARKING SPACES FOR RESIDENTIAL USES SHALL BE: ' (1) A, Agricultural District Two (2) spaces for each dwelling unit (2) SF-16, One-Family Dwelling Two (2) spaces for each dwelling unit District (3) SF-10, One-Family Dwelling Two (2) spaces for each dwelling unit District (4) SF-7, One-Family Dwelling Two (2) spaces for each dwelling unit District ' (5) SF-5, One-Family Dwelling Two (2) spaces for each dwelling unit District ' (6) 2F, Two-Family Dwelling One and one-half (11/2) spaces for each District dwelling unit or a minimum of three (3) spaces for each duplex ' (7) MF-1, Multiple-Family Two (2) spaces for each dwelling unit Dwelling District (8) MF-2, Multiple-Family Two (2) spaces for each dwelling unit Dwelling District 1 ' - 43 - (9) U, University District Two (2) spaces for each one (1) or two (2) family or multi-family dwelling unit, One ' (1) space for each bedroom unit in dormitory, rooming house or other group housing structure. (10) P, Parking District One (1) space for each dwelling unit for one-family residence and two (2) spaces ' for each two-family or apartment unit (11) 08 Office District One (1) space for each dwelling unit in a ' one-family residence and two (2) spaces for each two-family or apartment unit (12) NS, Neighborhood Service One (1) space for each dwelling unit In a District one-family residence and two (2) spaces for each two-family or apartment unit ' (13) GR, General Retail One (1) space for each dwelling unit in a District one-family residence and two (2) spaces for each two-family or apartment unit (14) C, Commercial District One (1) space for each dwelling unit in a ' one-family residence and two (2) spaces for each two-family or apartment unit ' (15) CB, Central Business One (1) space for each dwelling unit District ' (16) LI, Light Industrial Two (2) spaces for each dwelling unit District ' (17) Hi, Heavy Industrial No requirement (dwelling excluded) District (18) PD, Planned Development Two (2) spaces for each dwelling unit District plus such additional requirements as may ' be specified by the Amending Ordinance B. PARKING SPACE SCHEDULE NON-RESIDENTIAL USES APPLICABLE TO ALL ' DISTRICTS EXCEPT THE CB, CENTRAL BUSINESS DISTRICT. (1) Bank, Savings and Loan or similar financial establishment - One (1) space for each three hundred (300) square faet of floor area (2) Bowling Alley - Six (6) spaces for each lanne -44 - ' (3) Clinics or Doctors' Offices - One (1) space for each two hundred fifty (250) square ' feet of floor area (minimum of five (5) spaces). (4) Commercial Outdoor Amusement - Twenty (20) spaces plus one (1) space for each ' one hundre4 (100) square feet of floor area over one thousand (1,000) square feet. ' (5) Convalescent Home or Home for Aged - One (1) space for each six (6) rooms or beds ' (6) Gasoline Service Station - Minimum of six (6) spaces (7) Golf Course - Minimum of thirty (30) spaces (8) High School, College or University - One (1) space for each classroom, laboratory or Instruction area plus one (1) space for each four (4) students accommodated at ' the institution during the periods of heaviest attendance (9) Hospitals, Acute Care - One (1) space for every two (2) beds (10) Hospitals, Chronic Care -One (1) space for each six (6) beds plus one (1) space for each employee ' ill) Hotel or Motel - One (1) space for each room, unit or guest accommodation ' (12) Institutions of a philanthropic nature - Ten (10) spaces plus one (1) space for each employee e (13) Library or Museum - Ten (10) spaces plus one (Z) for each three hundred (300) square feet of floor area ' (14) Manufacturing, processing or repairing - One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of flour area, which- ever is greater ' (15) Offices, General - One (1) space for each three hundred (300) square feet of floor ' area (minimum five (5) spaces) (16) Places of public assembly not listed - One (1) space for each three (3) seats pro- vided (17) Recreational, private m commercial area or building (other than Ilsted) - One (1) ' space for every three (3) persons to be normally accor;anodated in the establishment 1 ' -45- (18) Restaurant or Cafeteria - One (1) space for every three (3) seats under maximum ' seating arrangement (minimum of five (5) spaces) (19) Retail or personal service - One (1) space for each two hundred (200) square feet of floor area (minimum of five (5) spaces) (20) Schools, Elementary or Junior High - One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium, or other place of ' assembly ' (21) Storage or Warehousing - One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater ' (22) Theaters, meeting rooms and places of public assembly - One (1) space for every three (3) seats in the facility ' C. SPECIAL OFF-STREET PARKING REW" LATiONS (1) In computing the parking requirements for any building or development, the total ' parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building for development, ' (2) in the SF-lb, SF-10, SF-71 SF-5, 2F, NIF-1, MF-2, U, 0, and NS Districts, no parking space, garage, or carport or other automobile storage space or ' structure shall be used for the storage of any truck, truck trailer or van except panel and pickup mocks not exceeding one (1) ton capacity. (3) Floor area of structure devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use. D. PARKING REQUIREMENTS FOR NEW OR UNLISTEO USES . (1) Where questions arise concerning the minimum off-street parking requirement for ■ any use not specifically listed,. the requirements may be Interpreted as those of a ■ similar listed use. (2) Where a determination of the minimum parking requirements caimoa be reaelly ascertained for new or unlisted uses according to Article 15 0 (1) or where un- certalnty exist, the minimum off-street parking requirements shall be established ' by the same process as provided in Article 8 for classifying new and unlisted use. I I ' -46- ' Article 16 OFF-STREET LOADING REGULATIONS ' EXCEPT IN THE CB DISTRICT, ALL RETAIL, COMMERCIAL, INDUSTRIAL AND SERy VICE STRUCTURES SHALL PROVIDE AND MAINTAIN OFF-STREET FACILITIES FOR ' RECEIVING AND LOADING MERCHANDISE, SUPPLIES AND MATERIALS WITHIN A BUILDING OR ON THE LOT OR TRACT ADJACENT TO THE MAIN USE. SUCH OFF- STREE" LOADING SPACE MAY BE ADJACENT TO A PUBLIC ALLEY OR PRIVATE SER- VICE Ds.,4 OR MAY CONSIST OF A TRU K BERTH WITHIN THE STRUCTURE. SUCH OFF-STREET LOADING SPACE OR TRUCK BERTH SHALL CONSIST OF A MINIMUM AREA OF TEN (10) BY FORTY-FIVE FEET, AND SUCH SPACES OR BERTHS SHALL BE ' PROVIDED IN ACCORDANCE WITH THE FOLLOWING SCHEDULES: A. FOR NORMAL RETAIL, COMMERCIAL SALES SERVICE OR INDUSTRIAL USE BUILDINGS AND ESTABLISHMENTS, OFF-STREET LOADING FACILITIES SHALL BE PROVIDED IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: ' SQUARE FEET OF GROSS FLOOR AREA MINIMUM REQUIRED IN STRUCTURE SPACES OR BERTHS ' 0 to 5,000 None 58000 to 150000 1 15,000 to 40,000 2 4.0,000 to 65,000 3 65,000 to 100,000 4 Each Additional 50,000 1 Additional B. FOR HOTELS, OFFICE BUILDINGS, RESTAURANTS AND SIMILAR ESTABLISH- MENTS, OFF-STREET LOADING FACILITIES SHALL BE PROVIDED IN ACCORD- ANCE WITH THE FOLLOWING SCHEDULE: ' SQUARE FEET OF GROSS FLOOR AREA MINIMUM REQUIRED IN STRUCTURE _ SPACES OF BERTHS 0 to 10,000 None 10,000 to 508000 1 50,000 to 100,000 2 ' 100,000 to 200,000 3 Each Additional 200,000 1 Additional 1 1 1 -47- ARTICLE 17 SIGN REGULATIONS A. THE DISTRICTS IN WHICH THE VARIOUS TYPES OF SIGNS ARE PERMITTED ARE INDICATED BY THE SCHEDULE OF USES, ARTICLE 7 A THROUGH N. THE ' FOLLOWING SPECIAL PROVISIONS SHALL APPLY TO THE VARIOUS TYPES OF SIGNS IN THE DISTRICTS INDICATED: Be PERMANENT TYPE SIGNS Spacing ' Type Sign Maximum Area Zone Permitted Standards (1) Name •2 Sq. Ft. All Residential Districts Plate N No:Restriction All Districts Except Residential - (2) institutional 36 Sq. Ft. All Residential Districts ' S Ign No Restriction All Districts Except Residential - ' (3) Apartment 50 Sq. Ft. All Districts Permitting One Per S ign Apartments Street Frontage (4) Business No Restrictim, Specific Use Permit in Office Sign Except as Herein- District ' after Provided for Permitted In NS, GR, C, CB, Certain Districts Li, Hi, and PD Districts and Types - (5) Advertising No Restriction Permitted in C, CB, Lit None ' Sign Except as Herein- HI Districts Specified after Provided for Certain Districts ' Permitted in A, GR, C, CB, 200 Ft. (6) Agricultural 100 Sq. Ft. L1, Hi, and PD Districts Between Sign Signs ' - 48 . ' C. TEMPORARY TYPE SIGNS Spacing Type Sign Maximum Area Zone Permitted Standards (7) Real Estate 18 Sq. Ft. All Residential One for each Sign Districts platted lot or tract and for acreage - one for each 200 ' ft. of street or highway In all Districts frontage ' No Restriction except Residential None ' Specified (8) Construntion 60 Sq. Ft. in all Districts None ' Sign (9) Development 200 Sq. Ft, In all Districts One per pro- t Sign In Single-Family, ject or one Two-Family, and for each 100 Multiple-Family District acres in pro- subject to approval of ject Building Inspector as Provided in Article 19 C D. In a PD, Planned Development District, the sign standards shall be specified in the Amending Ordinance ' E. No sign shall be constructed to exceed the maximum building height permitted in the specific dlstrictwhere the sign is located except in shopping centers or similar commer- cial or office centers containing six (b) acres or more pylon or major identification signs not to exceed seventy-five (75) feet in height may be erected when set back from the side and rear property line a distance equal to the height of the sign. ' F. No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal. G. Any nonconforming sign which is damaged or is deteriorated to a point where its restora- tion cost exceeds 50 percent of Its replacement value shall be removed. r r -49- ' H. No sign shall be erected so as to project Into the public right-of-way of any street or ' alley, except In the CB, Central Business District. In the CB, Central Business District, any projecting sign shall not extend outward from any building face into the public right-of-way fora distance of more than ten (10) feet or to within two (2) feet of the street curb, whichever is more restrictive. I. No sign shall be located or erected within the required front yard except a pole sign not ' exceeding eighty (80) square feet in area may be erected on sites utilized by gasoline service stations, drive-in grocery or similar quick service retail establishments. No such pole signs shall be located so that any portion of the sign encroaches into the public ' right-of-sway for a distance of more than two (2) feet from the property line. J. No advertising sign structure shall contain more than two (2) sign panels facing in the ' same direction. K. No provision of this Ordinance shall supersede or replace any oNinr Ordinance of the City of Denton having to do with the sign standards, mate►ials or construction except the provisions of this Ordinance pertalning to the use of the various types of signs In the various districts and their size and location shall take precedence over all other ' Ordinances, regulations and starxSards. 1 1 - So- ARTICLE 18 ACCESSORY BUILDING REGULATIONS A. AREA REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES IN RESI- DENTIAL AND APARTMENT DISTRICTS ' (1) FRONT YARD Attached accessory buildings shall have a front yard not less than the main building. Detached accessory buildings shall be located in the area defined as the rear yard. (2) SIDE YARD There shall be a side yaM for any detached accessory building of not less than three (3) feet from any side lot line when such detached accessory building is lo- cated in the rear of the lot (the rear of a line erected connecting the midpoints on the two opposite side lot lines cif any lot, tract or plot). When a detached acces- sory building is located in front Df the line connecting the two midpoints of the opposite side lot lines as herein described such accessory building shall observe the same side yard as specified for the main building. (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. Where ' apartments are permitted, the main building and all accessory buildings shall not cover more than fifty (50) percent of the rear of the lot (that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the mid- J point of the opposite side lot line). Carports, garages, or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than fifteen (15) feet to the main building not nearer than three (3) feet to any side lot line. B. AIR CONDITIONING OR SIMILAR ACCESSORY STRUCTURES Air conditioning compressors, cooling towers and similar accessory structures shall observe all front, side or rear yards specified for accessory buildings. When such accessory structures are located in the side yard of that portion of a lot herein designa- ted as the rear of the lot, the minlmum side yard shall be three (3) feet. When such accessory structures are located forward of the line dividing the rear of the lot from the front of the lot, the accessory structures shall observe the same side yard as required for the main structi ~ ve. ' •51- ARTICLE '19 SPECIAL AREA AND USE REGULATIONS ' A. Courts - Where au apartment building or buildings are erected so as to create enclosed in rcourts, the faces of all opposite walls in such courts shall be a minimum distame ' of thirty (30) feet apart and no balcorny or canopy shall extend Into such court area for a distance greater than five (5) feet. ' 8. Location of Dwellings and Buildf ; - Only one main building for one-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or but upon a public street, or approved place, other than an alley, which means of access shall have a minimum width of thirty (30) feet. Where a lot is used for retail, commercial, industrial purposes, or a com- bination of same, or for a combination of retail and dwelling purposes, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a public street, other than an alley, When- ever two or more main buildings, or portions thereof, are desired to be placed upon a single lot or tract and soh buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so as to comply with the normal requirements for platting. No park- Ing area, storage area, or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. C. Special Devel~ment Sf ns - Special temporary development and promotion signs not exceeding our hundred (400) square feet In area may be erected on private property upon approval of the Building Inspector. The Building Inspector shall control the location and uuration of such sign case to assure that the occupancy and use of adjacent lots are not Interfered with and that i.a safety hazard Is created. Such special development signs 1 will be removed at the direction of the Building Inspector after completion of the develop- ment of eighty-five (85) percent of the project advertised. ' D. Temporary Construction Bull..in s - Temporary buildings and temporary building material storage areas to use or cons action purposes may be permitted for a specific period of time In accordance with a permit issued by the Building Inspector and subject to peri- odic reirpal by the Inspector for cause shown. Upon completion or abandonment of con- straction or expiration of permit, such field offices and buildings shall be removed at the direction of the Building Inspector. 1 - 52- ARTICLE 20 CREATION OF BUILDING SITE i A. NO PERMIT FOR THE CONSTRUCTION OF A BUILDING OR BUILDINGS UPON ANY TRACT OR PLOT SHALL BE ISSUED UNTIL A BUILDING SITE, BUILDING TRACT OR BUILDING LOT HAS BEEN CREATED BY COMPLIANCE WITH ONE OF THE FOLLOWING CONDITIONS: (1) The lot or tract is part of a plat of record, properly approved by the City Planning and Zoning Commission and filed in the Plat Records of Denton County. ' (2) The site plot or tract is all or part of a site plan officially approved by the City Council in a Planned Development District after recommendation by the Planning and Zoning Commission, which site plan provides all utility and drainage ease- ments, alleys, streets and other public improvements necessary to meet the normal requirements for platting Including the designation of building areas and such ease- ments, alleys and streets have been required and properly dedicated and the ' necessary public improvements provided. (3) The plot, tract or lot faces upon a dedicated street and was separately awned prior ' to the effective date of this Ordinance or prior to anniexation to the City of Denton, whichever is applicable, in which event a Building Permit for only one main build- ing may be issued on each such original separately owned parcel without first ' complying with Article 20 A (1) or (2). ' ARTICLE 21 PLATTING PROPERTY NOT PERMANENTLY ZONED A. The Planning and Zoning Commission of the City of Denton shall not approve any plat of ' any subdivision within the city limits of the City of Demon until the area covered by the proposed plat shall have been permanently zoned by the City Council of the City of Denton. ' B. The Planning and Zoning Commission of the City of Denton shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recom- mendation for annexation to the City of Denton is pending before the City Council unless and until such plat shall have been approved by resolution by the City Council. ' C. In the event the Planning and Zoning Commission holds a hearing on proposed annex- ation, it may, at its discretion, at the same time hold a hearing upon the permanent 1 zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council can, if it desires, act on the matter of permanent zoning and annexation at the same time. r ' 53- ARTICLE 22 NONCONFORMING USES AND STRUCTiIRES ' A. A NONCONFORMING STATUS SHALL EXIST UNDER THE FOLLOWING PROVISIONS OF THIS ORDINANCE: (1) When a use or structure which does not conform to the regulations prescribed In the district in which such use or structure is located was In existence and lawfully operating prior to the adoption of Articles 1 through 32 of the Code of Ordim ces of the City of Denton referred to as the current Zoning Ordinance. ' (2) When on the effective date of this Ordinance, the use or structure was in existence and lawfully constructed, located and operating In accordance with the provision of the prior Zoniny Ordinance or which was a non-conforming use thereunder, and ' which use or structure does not now conform to the regulations herein prescribed for the district In which such use or structure Is located. ' (3) When a use or structure which does not conform to the regulations prescribed in the district In which such use or structure is located was in existence at the time of annexation to the City of Denton and has since been In regular and continuous use. B. Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate pre- servation of the adjoining property prior to the ultimate removal of the nonconfomring use. The Buildins inspector may grant a charge of occupancy from one nonconforming use to another, providing the use is within the same, or higher or more restricted classification as the original nonconforming use. In event a nonconforming use of a building may be changed to another nonconforming use of more restricted classification, it shall not later be charged to a less restrictive classification of use and the prior less restrictive clas- sification shall be considered to have been abandoned. C. If a structure occupied by a nonconforming use is destroyed by fire, the elements or t other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded. ' D. No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use Is located as of the effective date of this Ordinance except to provide off-street parking or off-street loading space upon approval of the Board of ' Adjustment. ' r 54 ~ ' E. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premise shall henceforth be in confornance to this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacai t for a period of six (6) moWis shall be considered to have been abandoned. ARTICLE 23 BOARD OF ADJUSTMENT ' A. ORGANIZATION There is hereby created a Bo<ud of Adjustment consisting of five (5) members, each to t be appointed by the City Council for a term of two'(2) years and removable for cause by the appointing authority upon written charges and after public hearing. 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. Two (2) members heretofore appointed shall serve until June 30, 1970, or until their successors are appointed and three (3) members, as heretofore appointed, shall serve until June 30, 1971, or until ' their successors are appointed, and thereafter each member reappointed or each new appointee shall serve for a full term of two (2) years unless removed as hereinabove prom vided. Provided, however, that the City Council may appoint two (2) alternate members ■ of the Board of Adjustment who shal I serve in the absence of one or more of the regular ■ members when requested to do so by the City Manager, as the case may be, so that all cases to be heard by the Board of Adjustment will always be heard by a minimum number of the four (4) members. The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the ' regular members. B PROCEDURE ' The Board shall adopt rules to govern It proceedings provided, however, that such rules are not inconsistent with this Ordinance ur Statutes of the State of Texas. Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oath and compel the attendance of witnesses. All meetings of the Board shall be open to Hie public. The Board shall keep minutes of Its proceedings, showing the vote of each mem- ber upon each question, or If absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be Immediately ' filed in the office of the Board and shall be a public record. G 1 - 55 - ' C. APPEALS ' (1) Appeals to the Board of Adjustment can be taken by any person aggrieved, or by an officer, department or boar: "-e municipality affected by the decision of the Building Inspector. Such appeal shall be taken with fifteen (15) days after the decision has been rendered by the Building Inspector, by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grourk:s thereof. The officer from whom the appeal is !aken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. ' (2) An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment, afto.r the notice ' of appeal shall have been filed with him that by reason of facts stated In the cer- tificate, a stay would, In his opinlon, 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 Board of Adjustment or by a court of record on applica- tion on notice to the officev from whom the appeal is taken and due cause shown. (3) The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice In the mall addressed to all owners of real property located within two hundred (200) feet of the property on ' which the appeal is made and by publishing notice of such hearing Ina newspaper of general circulation in the City of Denton. Both the posted and published notice shall be given at least ten (10) days prior to the date set for the hearing, Upon ' the hearing, any party may appear In person or by attorney or by agent. D. JURISDICTION When In its judgement, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permantly ' Injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established. (1) Permit the reconstructlon, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such recon- struction does not prevent the return of such property to a conforming use and permit the expansion of off-street parking or off-street loading for a nonconforming use. i ' -56- yard, area, coverage and parking regula- ' (2) Pennit such modifications of the height, tions as may be necessary to secure appropriate developement of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. ' (3) Require the discontinuance of nonconforming uses of land or structure under any 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 Ordinance. All actions to discontinue a nonconforming use of land and structure ' shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surround- ing the designated nonconforming use and the conservation and preservation of 1 property. The Board shall, from time to time, on its own motion or upon cause presented by Interested property owners, Inquire Into the existence, continuation or maintenance of any nonnconforming use within the City of Menton. t E. ACTIONS OF THE BOARD ' (1) In exercising Its powers, the Board may, In conformity with the provisions of Articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, as amended; revise or reform, wholly or partly, or may modify the order, requirement, ' decisions, or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable ' conditions to be complied with by the applicant. (2) The concurring vote of four (4) members of the Board shall be necessary to revise ' any order, requirement, decision or determination of any such Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variance in said Ordinance. ' (3) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department of board of the municipality may present to a coot of record a petition, duty verified, setting forth that such decision is illegal,, inwhole or part, specifying the grounds of the illegality. , Such petition shall be presented to the court within ten (10) days after the filing ' of the decision In the office of the Board and not tyreafter. 1 MENIESM9 1 .57- ARTICLE 24 CERTIFICATE OF OCCUPANCY AND COMPLIANCE ' A. No building hereafter erected, converted or structurally altered shall be used, occupied or changed in use and no land may be used nor shall any basic change of use in land or structure be made until a Certificate of Occupancy and Compliance shall have been issued by the Building Inspector of the City of Denton stating that the building or proposed use of land or building complies with the provisions of this Ordinance and other building laws of the C Ity of Denton. B. A Certificate of Occupancy and Compliance steal l be applied for coincident with the appli- t cation for a Building Permit and will be Issued vithin ten (10) days after the completion of they erection, alteration or conversion of such building or land provided such construc- tion or change has been rijade In complete conformity to the provisions of this Ordinance. ' All existing or hereafter created nonconforming uses shall obtain Certificates of Occu- pancy within eighteen (18) months of the effective date of this Ordinance. An Occupancy Permit shall be considered evidence of the legal existence of a nonconforming use as contrasted to an illegal use and violation of this Ordinance. C. A Certificate of Occupancy and Compliance shall state that the building or proposed use of a building or land, complies with all the building or health laws or ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building inspector, and copies shall be furnished, on request to any per- son having a proprietary or tenancy interest in the land or building affected. ' ARTICLE 25 COMPLETION OF BUILDING UNDER CONSTRUCTION A. Nothing herein contained shall require any change In the plans, construction or designated ' use of a building actually under construction at the time of the passage of this Ordinance and which entire building shall :4 completed within one (1) year from the date of the pass- I age of this Ordinance. i I -58- ARTICLE 26 AMENDMENTS ~ A, Any person or corporation having a proprFatary interest in any property may petition the 1 City Council for a change or amendment i.o the provisions of this Ordinance or the I Planning and Zoning Commission may on its own motion or on request from the City Council institute study and proposal for changes and amernd+nents In the public Interest. i I Be PROCEDURE (1) The City Council may, from time to time, amend, supplement, or change by 1 Ordinance the boundaries of the districts or the regulations herein established as provided by the Statutes of the State of Texas. ' (2) Before taking action on any proposed amendment, supplement or change, the governing body shall submit the same to the Planning and Zoning Commission for Its recommendation and report. I (3) The Planning and Zoning Commission shall hold a public hearing on any application for any amendment or change prior to making Its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property lying within two hundred (200) feet of property on which the change Is I requested, Such *Alee shall be given not less than ten (10) days before the date set for hearing by posting such notice properly addressed and postage-paid to each taxpayer as the ownership appears on the last approved City tax roll. (4) A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of s=uch hearing shall be given by pub- I lication in the official publication of the City of Denton stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. (5) Unless a proposed amendment, supplement cc change has been approved by the Planning and Zoning Commission, or If a prdAst against such proposed amendment, ' supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20) percent or more of the area of the lots included In such a proposed change, or thos3 Immediately a:1lacent In the rear there- of of extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three- fourths vote of the I governing body. 1 1 I ' -59- ' ARTICLE 27 GENERAL DEFINITIONS A. CERTAIN WORDS IN THIS ORDINANCE NOT HERETOFORE DEFINED ARE DEFINED AS FOLLOWS: WORDS USED IN THE PRESENT TENSE INCLUDE THE FUTURE) WORDS IN THE SINGULAR NUMBER INCLUDE THE PLURAL NUMBER AND WORDS IN THE PLURAL NUMBER INCLUDE THE SINGULAR NUMBER i THE WORD "BUILDING" INCLUDES THE WORD STRUCTURE) THE WORD LOT" INCLUDES THE WORDS PLOT OR "TRACT") THE WORD "SHALL" IS MANDATORY AND NOT DISCRETIONARY. ' (1) Accessory Use - A use subordinate to and Incidental to the primary use of main building or o primary use of the premises. (2) Alley - A public space or thoroughfare which affords only secondary means of access to property abutting thereon. (3) A rtmsnt - A room or suite of rooms in amulti-family dwelling or apartment house arranged, designed or occupied as a place of residence by a single family, Individ- ual or group of Individuals. (4) A rtment House - Any building or portion thereof, which is designed, built, rent- ad, ase or lei to be occupied as three or more dwelling units or apartments or r which Is occupied as a I:oma or place of residence by three or more families living In independent dwelling units. i (5) Area .,)f the Lot - The area of the lot shall be the net area of the lot and shall not incI eua ports of streets and alleys. 1 (b) Basement - A building story which is partly underground, but having at least one- ha ooF~fts height above the average level of the adjoining ground. A basement ' shall be counted as a story in computing building height. (7) Bedroom Unit - One or more rooms In a dormitory, fraternity or sorority house or mu p e we ling structure designed and furnished for the occupancy of not more than two students. (8) Block - An area enclosed by streets and occupied by or Intended for buildings) or sa d word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which Intersect said street on said ' side. (9) Board - toning Board of Adjustment as provided for in Article 23. (10) Building Official as The Building Inspector or person charged with the enforcement o the Zoning a building code:-. of the City of Denton. r 60- (11) _Building - Any structure built for the support, shelter and enclosure of persons, an-- i s, chattels or movable property of any kind. When subdivided In a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate bolding. ' (12) Build In Line - A line ,oa;aIle I or approl:lrrately pa,n:leI to the street Iine at a sped i stance t,',::re from mWclnr the minimurr distance frog the stre=t lira: that a building may be erected. ' (13) Building Ends - those sides of a building having the least dimension as compared 'Eo-'fie r~or rear of a building. As used herein for the building spacing regula- tions fa• multiple-family dwelling, a building end shall be interpreted as being the most unanow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot lime or another building. (14) City_ Council - The governing body of the City of Denton, Texas. ' (15) Cellar - A builds ng story with more than one-half its height below the average level 'FUWadjoming ,round. A cellar shall not be counted as a story In computing ' building height. (16) Certificate of Oc~ceane and Compliance - An official certificate Issued by the y Rough a enforcing o frial which indicates conformance with or approved ' conditional waiver from the zoning regulations and authorized legal use of the pre- mises for whkh It Is issued. ' (17) City Manager.- Chief administrative officer of the City of Denton, Texas. ' (18) Plannin and Zoning Commission - The agency appointed by the City Council as an advisory body to an which is authrolzed to recommend changes In the zoning. (19) Clinic - A group of offices for one or more physicians, surgeons, or dentists, to Frewick or Injured out-patients who do not remain overnight. (20) Convalescent Home - Any structi used for or customarily occupied by persons recovering from Mess or suffering from Infirmities of age. (21) Covers - The percent of a lot or tract covered by the roof or first floor of a build- ng, oof eaves to the extent of two (2) feet from the wails of a. building shall be excluded from coverage computations. (22) Court - An open, unoccupied space, bounds d on more than two sides by the walls o -building. An Inner court 1s a court entirely surrounded by the exterior walls of ' a building. An outer court is a court having one side open to a street, alley, yard or other permanent space. 1 1 ' -61- (23) Depth of Lot - The mean horizontal distance between the front and rear lot Imes. t (24) District - A section of the City of Denton for which the regulations governing the area height or use of the land and buildings are uniform, (25) Dwellin One-Family - A detached building having accommodations for and occur p e by not more than one family, or by one family and not more than four (4) boarders and lodgers, (26) Dwellin Two-Family - A detached building having separate accommodations for ' a occupied by no more than two families, or by two families and not more than four (4) boarders and lodgers. ' (27) Dwelling, Multiple-Fam~il - Any building or portion thereof, which is designed, built, rented, ease or let to be occupied as three or more dwelling units or apartments or which Is occupied as a home or residence of three or more families. (28) Dwelling Unit - A building or portion of a building which Is arranged, occupied, or NEW to be occupied as living quarters and includes facilities for food prepara- tion and sleeping. (29) family - Any number of irdividuals living together as a single housekeeping unit, In which not more than four (4) Individuals are unrelated by blood, marriage, or adoption. (30) Floor Area - The total square feet of floor space within the oVside dimensions of a Fulldl`ng I luding each floor level, but excluding cellars, carports or garages. (31) Floor Area Ratio (FAR) - The rattc between tki total square feet of floor area in a structure and OW total sq►rare feet of land In the tot or tract on which the structure Is located. (32) Height - The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, which- ever is higher, to (1) the highest point of the roof's surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in arty event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level. ' -62- ' (33) Livia Unit - The room or rooms occupied by a family and must Include cooking c es. ' 134) Lodging House - A building where lodging for five (5) or more persons is provided ' or compensation, (35) Lot - Land occur, ied or to be occupied by a building and Its accessory building, ' V Inciv,:Ing such open spaces as are required under this Ordinance and having its principal frontage upon a public street or officially approved place. ' (36) Lot Covers - The percentage of the total area of a lot occupied by the base rs -story o floor) of buildings located on the lot or the area determined as the maximum cross-sectional area of the building. ' (37) Lot Lines - The lines bounding a lot as defined herein. (38) Lot of Record - A lot which Is part of a subdivision, the plat of which has been recd edea In tt office of the Counter Cleric of Denton County, or a parcel of lard, the deed for which it is recorded in the office of the County Clerk of Demon County ' prior to the adoption of this Ordinance. (39) Lot Depth - The mean distance between the front and rear lot lines. (See Appendix Illustration 2) (40) Lot Widtli - The width of a lot at the front building line (See Appendix illustration 1 ' (41) Main Bulldll - The building or buildings on a lot which are occupied by the primary tse, t (42) Mobile Home - Same as a house trailer. (43) Nonconfwml Use - A building, structure or use of IaM lawfully occupied at the ' Hme oF1a ve date of this Ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. (See Article 22 A (44) OccupwM - The use or intended use of the land or buildings by proprietors, or ■ nw . ■ (45) Open Space - Area included in airy side, rear or from yard or any unoccupied spaces t on that is open and unobstructed to the sky except for the ordinary pro)ec- tions of cornices, eaves, porches and plant material. ' -b3- (46) Parka Space ' - An enclosed or unenctosed all weather surfaced area of not less n one hundred eighty (180) square feet (measureing approximately 9 feet by 20 feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking In oomptding the public area requirements for any 1 use • ; (47) Private Gara - An accessory building housing vehicles owned and used by ' occupants of the main building; if occupied by vehicles of others, it is a storage space . (48) Residence - Same as dwelling; also when used with district, an area of residential ' regu ors. ' (49) Rooming House - (See Lodging House). (50) Sign - An outdoor advertising device that is a structure or that is attached to or pa- inled on a building or that is leaned against a structure or display on premises. (51) Stoma - The height between the successive flrcrs of a building or from the top floor M roof. The €tandard height for a story is eleven (11) feet, six (b ) Inches. (52) Street - Any thoroughfare or public driveway, other than an alley, and more than ' WOO) feet in width, which has been dedicated or deeded to the public for public arse. ' (53) Street Line - A dividing line between a lot, tract or parcel of land and a contiguous street, to right-of-way line. (54) Structural Alterations - Any change in the supporting member of a building, such as a ear ng wa , corn, beams or girders. ' (55) Structure - (Same as Building). (56) Trailer House (Mobile Hone) - A vehicle equipped for use as a dwelling and ' designed to hauled along a highway. (57) Thoroughfare - (Same as Street). ' (58) Yard - An open space other than a court, on the lot In which a building Is situated an which Is not obstructed from a point forty (40) Inches above the general ground ' level of the graded lot to the skyt except as provided for roof overhang and similar special architectural features aqq plant material. 1 1 -64- ' (59) Yard Front - An open, unoccupied space on a lot facing a street extending across ror 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. (See i Appendix Illustrations 3 and 5) (60) Yard Rear - An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other site ' lot line and having a depth between the building and the rear lot line as specified In the district in which the lot is situated. (See Appendix Illustration 3) ' (61) Yard Side - An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear lino or a front line, shall be deemed a side line. (See Appendix Illustrations 3 and 4) (62) Variance - An adjustment in the application of the specific reg+ilations of the WoREng"Drdinance to a particular parcel of property which, because of special con- ditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges eyed by other parcels In the same vicinity and zoning district. (63) Zoning District Ma - The official certif led map upon which the boundaries of the various zoning s icts are drawn and which Is an integral part of the Zoning Ordinance. ' ARTICLE 28 APPLICABLE CONDITIONS OF PREVIOUS ORDINANCES All previous ordinances and conditional permits reproved and made a part of this ' Ordinance are referenced in the lists of Specific Use Permits and Planned Development Districts shown in the Appendix and adopted as part of this Ordinance. 1 1 1 t • 65 - ARTICLE 29 PENALTY FOR VIOLATIONS ' Any person violating any of the provisions of this Ordinance shall, upon a convic- tion, be fined any sum not exceeding two hundred dollars ($200.00); and each day and every day that the provisions of this Ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded by a violation ' e thereof and this Ordimuce, to bri suit In such court or courts having obtain such remedies as may be available at law and equity jurisdic- tion In the protection of the rights of such property owners. ARTICLE 30 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES By the passage of this Ordinance, no presently illegal use shall be deemed to have ' been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the ' int~nt and declared purpose of this Ordinance that no offense committed, and no liability, pemiity or forfelture, either civil or criminal, Incurred prior to the time the existing Zoning Ordinance was repeated and this Zoning Ordinance adopted, discharged or affected by such repeal; but proser;utior!s and suits for such shall be ' offenses, Inabilities, penalties or forfeitures nFSy be Iristitt0d or tenses presently pending procEeded with In all respects as if such prior ordinance had not been repealed. ' ARTICLE 31 VALIDITY t If any section, paragraph, subdivision, clause, phrase or provision of this Ordinawe shall be adjudged invalid or held unconstituvonal, the same shall not affect ni~i validity of this Ordinance as a whole or any p*rt or provisions thereof ' other than the part so decided to be invalid or unconstitutional. 1 1 ' .66- ARTICLE 32 DECLARATION OF EMERGENCY The fact that the present zoning regulations are Inadequate to properly safeguard ' the general pub llc welfare, health, peach and safety, creates an urgency and an emergency, and requires that this Ordinance become effective immediately upon its passage, and it is accordingly so ordained. APPROVED AS TO FORM PASSED AND APPROVED ON _ This ! ~f u~ day of , 1969 ' y Attorney ATTEST. 1 . Mayor y o Denton, exas tary City Sicre ' City of Denton, Texas 1 1 -67- PLANNED DEVELOPMENT DISTRICTS PD-1 North side of University Drive and east of Bonnie Brae; General Retail use; refer- ence for special conditions to Ordinances 64-2 and 65-44. ■ PD-2 East of Locust and south of Rickey Streets; residential use for townhouses, apart- ments and single-family; required site plan approval by Planning and Zoning Commission prior to issuance of Building Permit. PD-3 Nortimrest corner of University and Locust; General Retail use; reference for special conditions to Ordinance 65-34. P04 North side of Interstate Highway 35E and west of Teasley Lane; Commercial use; referent* for special conditions to Ordinance 64-45. ' PD-5 Southeast caner of University Drive and Bonnie Brae; Commercial use; conditional requirements include a six (6) foot solid masonry fence or evergreen shubbery screen adjacent to Emery Drive and the east property line, with ingress and egress prohib- ited • 1 1 ~I ~ 1 - 68 - ' SPECIFIC USE PERMITS O Sol North side of Highway 77 Business Route approximakly 800 feet west of ' Sanger Roads Specific Use for Civic Club and Gymnasium In the "A", Agricultural District. ' S-2 North of Paisley and east of Rose Streets Specific Use for City Shnice Center in the SF-7, One-Family Dwelling District. ' S-3 East of Highway 377 and north of Mission Streets Specific Use for brick plant In the "Ll", Light Industrial District. S4 East of S-3; Specific Use for clay extraction. 1 1 1 1 1 1 APPENDIX ILLUSTRATIONS 1 -70. I. LOT WIDTH Z T YARD • FRONT YARD raft? rARO~ :~L LOT 01074 LOT MOTH i07 wiDtn ' f ! 1 1 1 tA~ cat ICI ' 2. LOT DEPTH fTR[Ef 674[[T IT =78 T I I •~1 lr I , I ~ f 1 ~ ' ALLEY • IC1 iAl 3. YARDS ' 1ITR[ET stattT NOTE; No Side FRONn YARD Yard for acces- FRONT YARD , ii sory buildings M+0 F01147 ON need be Nrovided -LOT LINE ~ • wao+NO AREA where a fire wall w~LaNa ARrA is provided on the RESIDENTIAL 50% ~tiF THIS STRUCTURE " lot line on one euN.DIwO LINE !0x OF TN+S side of the lot I AREA MAY SE AREA MAY It aovEREO eY s COVERED eY only. Such pro- STRUCTURE STRUCTURE Acueso+TY ' ' ACC[SSORY_ vision is also OULaNO I applicable to LINE l+N[ mlIft~ the Rear Yard. . t+0 ALLEY OR tASEMtNT Ally OR ~•'r EASE.+n[NT ' -71- ' STREET STKET I FNT Of LOT SroSIDE OF LEAN .V`. F$QAJj,,,119.1 DIMENSION u - ~ ' I I wrlirDV RPEDI N_ ~j I z ON PLAT 1 `p >I APPROVED !YI Il W FRONT YARD ' y N! THE PLANNING i r \ W_I AND ZONING y~ V \ i I 4 nW COMMISSION REAR YARD I LOT PLATTED PRIOR LOT PLATTED AFTER w I E THIS IUILDINO LINE TO EFFECTIVE DATE EFFECTIVE DATE Of MAY BE WARPED FROM ' Of ORDINANCE Or-LANANCE li I FRONT YARD STANDARD >I I IF APPROVED DN PLAT i_....___~ BY CITY PLANNING AND 4. CORNER LOT ZONING COMMISSION r ' IUILDNG LINE fOR ACCESSORY BLMLDNG ESTAIIISH[0 I'. STREET fm AT OR ORDINANCE FRONT STANDARD METHOD OF MEASURING FRONT < FRONT YARD YARDS BOT N FRO RONTAC[s SPECIFIED fRONT _YARp _ FRONT iRONT IPROPERTY YARD TARO LW~E STREET ' i DOLMLE FRONTAGE LOTS 6. ' IN S►`I.IT ZONING FRONT YAft REMAINS UNIFORM THROUGHO~UT BLOCK SF-7 SF-7 SF-7J SF-7 NS NS NS NS iRON~ YARD ' STREET i 7 FRONT YARD WHERE ZONING ' CHANGES IN A 13LOCK t -72- a. ' INTERPRETATION AVERAGE FRONT YARD WHERE YARD DEPTH VARIES ' Basis oq Computation Computed Minimum Set Backs Existing Buildings q 31.25' average ' Lots Set Back B 25' need not set back over 10' From C C 15' C 15' existing D 35' D 35' existing H 65' E 35' existing ' F 31.25 average * Other Iots by 13 - E (2) (e.) 4 = 25' G 41425' need not set back over 10' from F Average Line = 31.25' H 65 existing al ~ F 0 Olga * 36 39 * # ~S ' 9. SPECIAL APARTMENT SIDE YARD ' AND SPACING STANDARDS a j / 15 Rr ' / I I OVER +yp' COURT WKRE LONG DIMESION Of 9UILOINO IS PARALLEL TO $Of YARD COMMNAT10N 0or I LESS 1 I UZZ6//-~/ e 1 rox LOT 1Y1pTM' 10% LOT WIDTH ~ OR 10 FEET I OR 10 FEET IS' WHERE ENO OR NARROW DIMENSION Of sU1101N0 IS ►ARAI.LEL TO SIDE YARD 1 ' _73- 10, ' FLOOR AREA RATIO i I ' EAC" "AMIRIO ILWITR►m rL00R AREA RATIO or I I It SET BACK STANDARDS HIGH RISE APARTMENT & SIMILAR STRUCTURES ' W / 1 ~ / r W 1~1 WHEN HEIGHT EQUALS 200, FRONT YARD MEASURED FROM ' STREET CENTERLINE MUST BE MINIMUM OF (a). SIDE AND REAR YARDS WITH OPENINGS FOR LIGHT OR AIR, SHALL BE MINIMUM DIMENSION OF CO WHEN HEIGHT IS 20). IN NO CASE NEED LN) EXCEED FIFTY 1501 FEFT, 13-E (2) (f) SIDE YARD STANDARDS ' ATTACHED SINGLE FAMILY DWELLINGS .J L NrAKN OUr 200 Fit? Slot YARD SNDt YARD W STREET 1 1 i 1 1 1 r 1 r ALPHABETICAL LISTING ' OF USES i r r r r r ' 75 Page Accessory Building . . . . . . 7 Advertising Sign . • . . . • . • 10 Agricultural Sign • • . . . . . . . . . 10 Airport, Landing Field or Heliport . • • . . . • • . . • . . . . 8 ' Amusement, Commercial (indoor) 7 Amusement, Commercial (Outdoor) 7 Animal Clinic or Hospital With Outside Runs or Pens . . . . • • • • • . • • • 10 ' Animal Clinic or Hospital (No Outside Runs or Pens) 10 Animal Pound (Public or Private) 10 Antique Shop • • • . . . . • 9 Apartment Name Sign . • 10 11 Art Gallery or Museum. . • . . • . . . . . . . . . . • • • • • . . . . • 6 Asphalt or Concrete Batching Plant 12 ' Auto Laundry . . . • . • • . • . . . . . . . . . . . . . . . . . . . . . . 9 Auto Painting and Body Repair . . . . . • 9 Auto Sales and Repair (in Building) 9 t Auto wrecking or Salvage Yard . . . • . • . . . • . • • . . 9 Bakery or Confectionery Shop (Retail) • • . • . . • . . • . . . • . . . . . • 9 ' Bakery (Wholesale) . . . . . . . . • . • • • . . . 10 Brick Kiln or Tile Plant • . . . • . . . • . • • . . . 12 Building Material Sales . . • . . . . • . . . 11 ' Bus Station or Terminal 8 Cabinet and Upholstery Shop 11 ' Cafeteria. . . • . • • . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Cement or Hydrated Lime Manufacture . 12 Cemetery or Mausoleum • s • . b Church o Rectory . • . . . . . . . . . . . . . . • . . . . • . . . • . . • 6 Cleaning and Dyeing Plant (Commercial) 11 Cleaning Plant, Bags or Carpets (Special Equipment) 11 Cleaning and Pressing Small Shop and Pickup 9 Clothing Manufacture or Light Compounding or Fabrication 11 College or University or Private School • . b Commercial Auto Parking Lot . • . . . . . • • • . • . • . • 9 Community Center (Private). . . • • • • • • • • • . . • . . . • • • . . . 7 Community Center (Public) • . . . . . . . • • . . • . . . • . . 6 Community Unit Development . • . . . . . . . . . . • . . . . . • . • • . . 6 Construction Sign . • • . . • • . • • • . . • • . • 10 ' Coe.~ractors Shop and Storage Yard 11 Country Club (Private) Wnh Golf Course 8 Custom Personal Service Siwp 9 •76- ' Pa ~e Dance Hall or Night Club 8 Day Camp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Day Nursery or Kindergarten School E Development Sign . . . . . . . . . . . 10 ' Dormitory, Eoarding or Rooming House 6 Drag Strip or Commercial Racing , 8 Drapery, Needlework or Weaving Shop . . . . . 9 ' Dump or Sanitary Fill Area 12 Electrical Ge -e►ating Plant 7 ' Electrical Substation 7 Electrical Transmission Line 7 Engine and Motor Repairing . 11 ' Extraction-and Storage of Sand, Callde, StonepClAy or Gravel . . 0 4 0 . . . , 11 Fairground __orrExhibition Area 6 ' Farm or Ranch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Feed Store . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Field or Construction Office (Temporary) 7 Fire Station or Similar Public Safety Building . . . . . . . . . . . . . . . . . 7 Florist o , Garden Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Fraternlt/, Sorority, Lodge or Civic Club . . . . . . . . . . . . . . . . . . . 6 ' Gas Transmission Lure and Metering Station 7 Gasoline Service Station. . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' General Business Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Greenhouse or Plant Nursery 10 Greenhouse or Plant Nursery (Retail) . . . . . . . . . . . . . . . . . . . . . 9 ' Go Cart Track . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Golf Course (Commercial) . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Golf Course (Public) 8 ' Handicraft Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Hatchery Poultry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Hauling or Storage Company . . . . . . . . . . . . . . . . . . . . . . . . . 8 Heavy Machinery Sales and Storage 11 ' Any Industrial Use Which Due to the Possible Emission of Excessive Smoke, Noise, Gas, Fumes, Dust, Odor, Vibration or the Danger of Fire, Explosion or Radiation as Afty Be Determined by the Health, Fire or Building Officials to Be Presently, or in the Future Likely to Be al Hazard or Nulsance to Adjacent Property or the ' tommunity at Large, but Which May Be Located and Operated Under Speciflo Standards 12 1 r - 77 - 1 ~ Heavy Manufacturing or Industrial Uses Not Prohibited By Law and Excepting Those Specifically Listed as Requiring Specific Use Penults Which Meet the Performance Standards Prescribed By 9-8 1 tlw&* B • • • , 12 Home for Care of Alcohollc, Narcotic or Psychiatric Patients • • . • • • 6 ' Home Occupation . . . . • . • . • • . . . . . . . . . . . . . . . . . . 6 Hospital (Chronic Care)....... . . . • . . . . • . . . • • . Hospital (General Acute Cate)....... . . . . . • . . . . . . . . . . . . . 6 Hotel or Motel, 6 Household Appliance Service and Repair • . . . . . . • . . . . . • . . . . . . . 9 Institutions of Religious or Philantlxopic Nature • • . • . • • • . 6 Institutional Sign . • • . 00 . . . . . . . • . . • . . . • . . . . . . . . • • 10 Job Printing or Newspaper Printing..... • . • . • . . • • • . . • . • . . • • 11 Laundry or Cleaning Self Service . . • . . . . • . . is . . . • . . . . . • . . • 9 r Laundry Plant (Commercial) . • , • . . . . • 11 Library (Public) . • G o o 00000400 . . . • . . . • . . . . • . . . . . . 6 ' Light Manufacturing or Industrial Uses Which Meet the Performance Standards Proscribed by 9-A 1 through 7 . . . . • . . • . . . • • . . • . . • . . . • . . . • . . . . . 12 0 ' Livestock Auction • . . . . • • . . . . • . . . . . . . . . . . • . . . , . . . 110 Livestock Feeding Plant, Pens or Yards . . . . • . . . • . . . . . • . • . • . Local Utility Distribution Lines . . . . . . . . . . . . . . • . . . . . . . . • . 7 r Milk Depot, Dairy or Ice Cram Plant 11 Mimeograph, Stationery or Letter Shop • • • • • . 9 Mining or Storage of Mining Wastes • . . . . . • . . . . . . . . . . . . . • . . 11 Monastery or Convent . . . . . • . . , . . • • • • • . • . • . . • . . • . • 6 Mortuary or Funeral Parlor . . . . • . • • • • ' 9 Motor Freight Terminal . , . . . . . . . . • . . . . . . . . . . . • . . • . . • B Multiple-Family Dwelling or Apartment 6 ' Name Plate • *9 . . . 04 . . . . . . . • . , • . . • . • . • • . . . . . . . 10 New Auto Parts Sales Store. . • . . . . . . . . . . . . . . • . . . . . . . • . 9 New or Used Cor Sales Lot (In Open) . . . . . . . . . . . . • . • . • . • 9 Nursing Home or Residence Home for Aged . • • . . . . . . . . . . . . . . . . . 6 Off-Street Parking Incidental to Main Use . • . . . . . . . . • • • 7 ' Offices, Professional and Administrative 9 O;ie-Family Dwelling, Attached . . . . . . . . . . . . . . . . . . . . . . . . . 6 One-Family Dwelling, Detached . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' Open Salvage Yard for Rags or Machinery, Eta. 12 i rr _ 78 _ Pa Paint Shop . . . . . . s e e . . . . . . . . . . . . . . . . 11 ' Parts, Playground or Public Community Center, 6 Park or Playground (Public). . . 8 Parking Lot or Structure (Commercial) 8 ' Parking Lot, Truck 8 Pawn Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Petroleum Collecting or Storage Facilities . , . . , , . , , . , . „ , . , . , , . 11 ' Petroleum or Gas Well , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 11 Petroleum Products Storage - Wholesale . , , , , , , , , , , , , , , , , , , 11 Playfield or S}t~adium (Public) . , , . . . . . . . . . . . . . . . . . . . . 8 Plumbing Shop . o f f 00 me . . . . . . . . . . . . . . . . . . . . . . . . . 11 Private Utility Shop or Storage Yard , , . , „ . . . . . . . . . . . . . . . . . . 7 Public Building Shop or Yard of Local, State or Federal Governmennt... , , , . . . , 7 Radio and Television or Micro-Wave Tower , , , , , , , , , , , , , , , , 7 Railroad Freight Terminal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Railroad Passenger Station . , , , . „ . . . . . . . . . . . . . . . . . . . 8 Railroad Team Track . . . . . . . . . . . . . . . . . . . . . . . . 8 Railroad Track or Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' Real Estate Sign. . . . , , . , . . . . . . . . . . . . . . . . . . . . . . . . . 10 Restaurant With Drive-In Service . . . . . . . . . . . . . . . . . . 10 Restaurant Without Drive-in Service . . . 10 Retail Shores and Shops 4,000 Square Feet or lass . , 10 Retail Stores and Shops Over 4,000 Square Feet,,,,,,, , , , 10 Rodeo Grounds 11 Roller or Ice Skating Rink . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Sand, Gravel or Earty Sales-or Storage 11 ' School, Business or Trade 7 School, Private Primary or Secondary . . . . . . , , . , . . 7 School, Public or Denominational . , , . , , , „ , , , , , , , , , , , , , , , , 7 Scientific or Research Laboratories . . . . . 11 Seat Cover and Muffler Installation Shop , , . . . , 9 Secondhand Store Used Furniture or Rummage Sale , , , . , , , , . 10 ' Sewage Pumping Station . . . . . . . . . . . . . . . 7 Sewage Treatment Plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Smelter or Refinery 12 ' Stable, Boarding . . 8 Stable, Commercial Rental 8 Stable, Private Club. 9 0 a 0 ......................8 StrA-sge and Sale of Furniture or Appliances Outside a Building , . . , , , . 11 Storage or Sales Warehouse . . . . . . . . . . . . . . . . . . . . . . 11 ' Studio for Photographer, Musician, Artist or Health , . . , , . . , . , . . , . . , , 10 Swim or Temis Club . . . . . . . . . 00 g o o . . . . . . . . . . . . . . . . . 8 Swimming Pool (Private) . . . . 7 t ' -79- Page Telephone, Business Office 7 Telephone Line and Exchange, Switching or Relay Station , , 7 Theater, Drive.-In 8 Theater, Other Than Drive-In Type 8 ' Tire Retreading or Capping . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Tool or Trailer Rental . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Trailer Camp or Mobile Nome Park . . . , , . . . , , . . . . . 6 ' Trailer or Mobile Home as Fixed Dwelling . . . . . . . . . . . . . . . . . . . 6 Trailer Rental or Sales . , 11 Transfer, Storage and Baggage Terminal . . . . . . . . . . . . . , 11 Two-Family Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Used Auto Parts Sales (In Building) . . . . . . . . 9 Water Reservoir, Water Pumping Station tw Well . . . . . . . . . . . . . . . . 7 ' Water Treatment Plant 7 Wholesale Office and Sample room 11 1 1 1 1