2012-155ORDINANCE ?� 12-15 5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON
DEVELOPMENT CODE BY ADDING FRATERNITY OR SORORITY HOUSE,
DORMITORY, CONFERENCE/CONVENTION CENTER, DISTRIBUTION
CENTER/WAREHOUSE (GENER.AL) AND WAREHOUSE (RETAIL) AS LAND USES 1N
SUBCHAPTER 35.5, BY REMOVING DISTRIBUTION CENTER AND WAREHOUSE
STORAGE AND DISTRIBUTION AS LAND USES 1N SUBCHAPTER 35.5, BY
REMOVING LANGUAGE REGARDING MINIMUM RESIDENTIAL LOT SIZE AND
ADDING LANGUAGE REGARDING MAXIMUM PERSONS OCCUPYING A DWELLING
1N SUBCHAPTER 35.12, BY AMENDING THE PARKING REQUIREMENTS FOR
FRATERNITY OR SORORITY HOUSES, BOARDING HOUSES, AND DORMITORIES IN
SUBCHAPTER 35.14, BY ADDING DEFINITIONS FOR CONFERENCE/CONVENTION
CENTER, DISTRIBUTION CENTER/WAREHOUSE (GENERAL), WAREHOUSE
(RETAIL), FRATERNITY, AND SORORITY IN SUBCHAPTER 35.23, AND BY REVISING
THE EXISTING DEFINITIONS OF FAMILY, DORMITORY, ACCESSORY DWELLING,
DUPLEX, MANUFACTURED HOME, MOBILE HOME, MULTI-FAMILY DWELLING,
S1NGLE-FAMILY DETACHED DWELLING, SINGLE-FAMILY ATTACHED DWELLING,
DWELLING/DWELLING UNIT, EFFICIENCY DWELLING UNIT, AND FRATERNITY OR
SORORITY HOUSE 1N SUBCHAPTER 35.23; AND PROVIDING FOR A PENALTY 1N
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Developrnent Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the Planning and Zoning Commission recommended approval of certain changes to
Subchapters 35.5, 35.12, 35.14 and 35.23 of the Denton Development Code; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference as true.
SECTION 2. Subchapter 35.5 is hereby amended to reflect the changes outlined in
Exhibit "A"; all provisions not changed herein to remain as written.
SECTION 3. Section 35.12.6 of the DDC be amended to read as follows:
35.12.6 Maximum Persons Occupying a Dwelling.
No single dwelling unit shall have more than four (4) unrelated persons residing
therein, nor shall any "family" have, additionally, more than four (4) unrelated
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persons residing with such family. Hotels, Motels, Bed and Breakfast establishments,
Boarding Houses, Fraternity or Sorority Houses, and Dormitories are excepted from
this requirement. Additionally, any organization or institutional group that receives
federal or state funding for the care of individuals is excepted from this requirement.
SECTION 4. Section 35.14.4.A.3 of the DDC is hereby amended to reflect the
following insertions (underscored) and deletions (strilceout):
�x-�s; Fraternity � or sorority houses, boarding houses, and
dormitories. One (1) space for each bedroom. T �'" �r�^°� � r°°^� +�,�ee-��,.�
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SECTION 5. Section 35.14.4.C.1 and 2 of the DDC is hereby amended to reflect the
following insertions (underscored) and deletions (strilceout):
1. Industrial uses, except Distribution Centers/Warehouse . One
(1) space per seven hundred (700) square feet of gross floor area or for each two
(2) employees on the largest shift, whichever is less.
2. Distribution Centers/Warehouse �x'°�-�"^��°��rt One (1) space per one
thousand (1,000) square feet of gross floor area or for each two (2) employees,
whichever is less.
SECTION 6. Section 35.23.2 of the DDC is hereby amended to revise or incorporate
the definitions of the following terms, to read as follows:
Conference/Convention Centers: A facility with a capacity of greater than 1,000 seats
used for conferences, conventions, seminars, or similar functions.
Distribution Center/Warehouse, General: A facility where goods or products that are
manufactured or assembled off-site are received and stored in bullc, and are then
distributed to customers.
Dormitory: A dwelling unit designed to be occupied by at least fifty (50) students or
residents of a school, college, university, or similar institution, with sleeping
accommodations, common gathering rooms, and may include group coolcing and dining
facilities designed to service the entire residency of the dormitory.
Dwelling/Dwelling Unit: A structure or portion thereof that provides living, sleeping,
eating, coolcing, and sanitation accommodations.
Dwelling, Accessory: A detached structure, other than a manufactured home, that
contains a dwelling that is subordinate to a primary single-family detached dwelling, The
accessory dwelling shall be on the same lot as the primary single-family dwelling (see
definition of "Dwelling, Single-Family Detached"), and shall conform to the standards
outlined in this Chapter. Accessory dwellings shall not be included in the density
calculations for a lot or development.
Dwelling, Duplex: A structure that contains two (2) attached dwellings that are
separated by a fire-rated wall.
Dwelling, HUD-Code Manufactured Home: A structure constructed on or after June
15, 1976, according to the rules of the United States Department of Housing and Urban
Development, transportable in one or more sections, which, in the traveling mode, is
eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when
erected on site, is four hundred (400) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing, heating,
air conditioning and electrical systems. The term does not include a recreational vehicle
as that term is defined by 24 C.F.R. Section 3282.8(g).
Dwelling, Mobile Home: A structure that was constructed before June 15, 1976,
transportable in one (1) or more sections which, in the traveling mode, is eight (8) body
feet or more in width or forty (40) body feet or more in length or, when erected on site, is
four hundred (400) or more square feet and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities and includes the plumbing, heating, air conditioning
and electrical systems.
Dwelling, Multi-Family: A structure that contains three (3) or more dwellings and any
ancillary uses.
Dwelling, Single-Family Detached: An independent structure that is used for the
purpose of one (1) dwelling only,
Dwelling, Single-Family Attached (aka Townhomes): A structure containing at least
three (3), but not more than eight (8) attached dwellings, and complies with the
following:
1. Has individual front and rear access on the ground floor of each dwelling;
2. Each dwelling shall be-separated by fire-rated walls;
3. Each dwelling shall be serviced by an individual meter for each utilities;
4. Each dwelling sha11 have direct access to a street or alley; and
5. Each dwelling sha11 be located on its own individual platted lot and each lot must
have frontage on a public or private street.
Dwelling Unit, Efficiency (aka Studio Unit): A dwelling unit that has only one (1)
combined living and sleeping room, but may also have separate lcitchen and sanitary
facilities within the same unit.
Family: One or more persons related by blood, marriage or legal adoption.
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Fraternity: A local or national organization organized for the purpose of sharing social,
cultural, scholarly, or religious interests, where involvement requires regular meetings
and formal written membership requirements.
Fraternity or Sorority House: A dwelling unit in which members of a fraternity or
sorority assemble or reside.
Sorority: A local or national organization organized for the purpose of sharing social,
cultural, scholarly, or religious interests, where involvement requires regular meetings
and formal written membership requirements.
Warehouse, Retail: A Distribution Center/Warehouse exceeding 25,000 square feet of
gross floor area, and devoting up to thirty percent (30%) of the gross floor area for
display and retail sale of inerchandise.
SECTION 7. Section 35.23.2 of the DDC is hereby amended to DELETE the
existing definitions of the terms: "Distribution Center", "Dwelling", "Dwelling, Multiple-
Unit Residential", and "Wholesale Storage and Distribution":
SECTION 8. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 9. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid by any court, such invalidity shall not affect the validity of
other provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 10. This ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the � day of , 2012.
� �.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY;
MARK A`� BU1�9'UGH$; MAYOR
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Exhibit A
Subchapter 35.5 of the DDC is hereby amended to DELETE "Distribution Center" and "Warehouse Storage and Distribution" from
the list of land uses in the Industrial Land Use Categories, and to add or revise the following elements into the existing use tables and
limitations:
-. .- .-
. .
.
Wholesale Sforage N N N N N N N N N N N N N N N N N N N N L(34} P P
and Distribution
Distribution Center N N N N N N N N N N N N N N N N N N N N P SUP P
Distribution
CentedWarehouse, N N N N N N N N N N N N N N N N N N N N L(34) P P
General
Retail Sales and N N N N N N N L(15) L(17) N L(15) L(17) P P L(14} L(17) L(17) L(13) P P L(18) L(18) L(18)
Service
Warehouse, Retail N N N N N N N N N N N N N N N N N L(13) L(13) L(34) L(34) SUP SUP
L(4) = Multi-family is permitted only_
1. With a Specific Use Permit; or
2_ As part of a Mixed-Use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family use within one year prior to the efFective date of Ordinance
No. 2005-224; or
5. If allowed by a City Council approved neighborhood (small area) plan.
L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units.
L(6) = Permitted only on 2°d story and above, when an office, retail, or other permitted commercial use is on the ground floor along
any avenue, collector, or arterial street, otherwise office or retail uses are not required.
L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square
footage for Semi-Public Halls, Clubs and Lodges.
L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with
approval of an SUP.
L(18) = Uses are pernutted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area
except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area.
L(34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or
side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor
storage activity and to the loading docks.