2017-288S:\Legal\Our DOCLHnlcllts\Ordisiaiices\17\DCA17-0008 Medical Uses Code Amendment Ordinance,docx
ORDINANCE N*; ! *,
MINIMUM I
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "DDC"); and
WHEREAS, the City desires to amend Subchapter 35.5 Zoning and Subchapter 35.23
Definitions of the DDC in order to clarify the definitions, applicable land use categories, and
permitted zoning districts for a variety of medical services uses that exist in the City; and
WHEREAS, after noticed published in accordance with local and state law, a public
hearing was held on August 9, 2017 before the Planning and Zoning Commission concerning th*
proposed amendments and the commission recommended approval [5-0] of the amendments to the
Denton DevelopmentCode; •
WHEREAS, on September 29, 2017 the City Council likewise conducted a public hearing
in accordance with local and state law and the City Council hereby finds that the subject
amendments to Subchapter 35.5 and Subchapter 35.23 of the DDC are consistent with the City's
comprehensive plan, and federal, state, and local law are in best interests of the citizens of the City
of Denton; NOW, THEREFORE,
r] 109 IN I we)• • • �♦
SE.C.TIO,1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SUCTION -2. The amendments to Subchapter 35.5, Zoning of the DDC, as presented in
Exhibit "A", are hereby adopted as shown.
SECTION 3. The amendments to Subchapter 35.23, Definitions of the DDC, as presented
in Exhi1)iI "II", are hereby adopted as shown.
SUCTION 4. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. 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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 , 2017.
je
�
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
API �)VEID S TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
:w
EXHIBIT A
Subchapter 5 - Zoning Districts and Limitations
35.5.1, - Rural Districts.
35.5.1.1. Purpose.
The purpose of a Rural District is to maintain an area of rural use within the City of Denton. Application
of this district will ensure that the farming, forest, environmental and scenic values of these areas are
protected from incompatible development that may result in a degradation of their values. Land Use
categories within a Rural District include:
Rural Residential
Rural Commercial
35.5.1.2. Permitted Uses.
The following uses and their accessory uses are permitted as contained
in the use table below:
Residential Land Use Categories
RD -5
RC
1 Accessory Dwelling Units
P
P
..........
C Agriculture
P
P
Attached Single-family Dwellings
N
N
Community Homes For the Disabled
P
P
Dormitory
N
N
Duplexes
N
N
Dwellings Above Businesses
I
N
P
Fraternity or Sorority House
N
N
Group Homes
SUP
SUP
Multi -Family Dwellings
Residential Land Use Categories
P
P
N
R D-5
Single-family Dwellings
_w
P = Permitted,
N = Not permitted,
SUP = Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
L(7)
P
P
SUP
RC
P
RD -5
RC
SUP
L(15)
N
N
N
L(11)
L(10)
P
SUP_ �
P
RD -5
RC
N
N
N
N
P
1
P
L(7)
P
P
SUP
RC
P
Home Occupation
P
P
Hotels
I
N
....... ._
N
�
Indoor Recreation
N
N
C Laundry Facilities -
N
N
Major Event Entertainment
N
SUP
Medical Office
N
L(15)
Motels
N
N
Movie Theaters
N
N
I
Outdoor Recreation
P
P
Private Club
N
L(11)
I
Professional Services and Offices
N
L(15)
_ ... _..
Quick Vehicle Servicing
N
N
Restaurant
N
L(11)
Retail Sales and Service
N
N
r
Sale of Products Grown on Site
I
P
P
Sexua11 l11 ly 11 Orie11 nted Business
N
SUP/ L(32)
Temporary Uses
L(38)
L(38)
Vehicle Repair
N
P
P = Permitted,
N = Not permitted,
SUP = Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
Industrial Land Use Categories
Bakeries
Compressor Stations
Construction Materials Sales
Craft Alcohol Production
Distribution Center/Warehouse, General
Veterinary Clinics
Warehouse, Retail
RD -5
N
N
N
11-11 N
N
SUP
N
........ . .... ........
L(27)
k
N
L(14)
N
N
N
r _..
N
N.
RC
L(21)
N
N
SUP
N
N
N
L(27)
N
N
L(14)
SUP/L(24)
N
N
N
N
Wholesale Nurseries
P I P
Wholesale Sales
N
N
Wrecker Services and Impound Lots
N
'N
- ------ ----- -
P = Permitted,
N = Not permitted,
SUP = Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
Institutional Land Use Categories
RD -5
RC
Adult or Child Day Care
P
P
Basic Utilities
P
P
Business/Trade School
N
'N
Cemeteries
N
N
Churches
P
P
Colleges
N
N
Community Service
N
P
Conference/Convention'Center's
N
N'
Elderly Housing
N
N
Electric Substations a nd Switch Stations
P
P
High School
N
N
Hospital Servi ces
N
N
Kindergarten, Elementary School
P
P
Medical Clinic
N
N
Middle School
_ N
N II
q
I
Mortuaries
N
N
Parks and Open Space
P
P
( Semi-public, Halls, Clubs, and Lodges
N
P
— WECS (Building -mounted)
,L"42) _._
L(4.
WECS (Free-standing Monopole Support Structure)
L(41)
L(41)
1 P = Permitted,
N = Not permitted,
SUP=Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
i
35.5.1.3. General Regulations.
General regulations within the Rural District are as follows:
Subdivision of less than ten (10) acres, and all lots that are adjacent to the
perimeter of a subdivision:
General Regulations RD -5
RC
Minimum lot area 5 acres
i
2 acres
Minimum lot width
200 feet
100 feet
Minimum lot depth
a
250 feet
200 feet
Minimum front yard
50 feet
50 feet
Minimum side yard
10 feet
10 feet
Minimum rear yard
50 feet 50 feet
10 feet, plus 1 foot for each foot of building height over 20 feet
The following limits apply to all buildings;
General Regulations
r
RD -5
Maximum lot coverage except for agricultural buildings
15%
Minimum landscaped area
75%
65
Maximum building height
feet
75
Maximum WECS height
feet
RC
35%
65%_
65 feet
75 feet
Maximum FAR except for single-family uses None 0.25
I Minimum yard when a use other than single-family None 10 feet, plus 1 foot for each foot of
abuts a residential zone building height
35.5.2. - Neighborhood/Residential.
35.5.2.1. Purpose.
The purpose of the Neighborhood Residential land use is to preserve and protect existing
neighborhoods and to ensure that any new development is compatible with existing land uses,
patterns, and design standards. Land Use categories within the Neighborhood Residential areas
include:
NR -1 Neighborhood Residential 1
NR -2 Neighborhood Residential 2
N R-3
N R-4
NR -6
NRMU-12
NRMU
Neighborhood Residential Mixed Use
35.5.2.2. Permitted Uses.
The following uses and their accessory uses are permitted within the Neighborhood Residential
districts:
n.... ........,
Residential Land Use . _ NR -1 NR -2 NR -3 . NR -4 NR -6 N R.._.
MU -12 NRMU
Categories
Accessory Dwelling Units
Agriculture
SUP
SUP
SUP
SUP
SUP
L(1)
N
L(1)
L(1)
L(1)
L(1)
L(1)
P
P
P
P
P
P
P
ti
N
N
SUP
SUP__
P
P
L(40)
P
P
P
P
P �.
4
P
P
N
N
N
d
N
N
SUP
SUP
N
N
' N
l
L(3)
P
P
N
Dwellings Above Businesses
N
N
N
N
N
P
P
Fraternity or Sorority' ..._ Houuss e
N
N
N
1 N
N �
SUP
SUP
Group Homes
N
N
N
N
N
SUP
SUP
i
Livestock
L(�)
L(7)
L(�)
{
L(�)
_ L(7)
L(�)
L(�)
Live/Work Units
II
N
N
N
N
L(16)
P
P
Manufactured Housing Developments
N
SUP
N
N
I
SUP
N
I
N
Multi -Family Dwellings
N
N
N
[ N
N
L(4)
SUP L(4)
Single-family Dwellings
P
i
P
P
P
P
P
N
P=Permitted, N=Not permitted, SUP=Specific Use
Permit
Required, L(X)=Limited
as defined in Section
35.5.8
Commercial Land Use Categories NR -1 NR -2 h NR -3 f NR -4 NR -6 NRMU-12 I NRMU
Administrative or Research Facilities
N
N (
N
N
N
N
L(14)
Auto and RV Sales
N
N
N
i N
N
N
N
Bar
N
N ��
N
N
I
N
I C
N
L(11)
Bed and Breakfast
f N
I
N f
N
N
f N
L(10)
P
Broadcasting of Production Studio
I
N
I
N
N
N
i
N
N
L(14)
Commercial Parking Lots
N
N
N
N
N
N
N
__._....._ .
Drive-through Facility _ ....._
D g y
..N .
� N ..�..
�.._N ..
N
� ..N �����.
.. "� - -N
.,
SUP
Equestrian Facilities
SUP
SUP �,,..N
N
N.
I
N
N
Laundry Facilities
Major Event Entertainment
. _. _
Medical Office
i
P
P
P
P
P
"N
P
P
m..
L (17)
N
N
N
N
N
i
N
P
N
N
N
N
N_
N_
N
N_.
N
N
N
Outdoor Recreation
P
P
P
P
N
N
N
N
N
P
P
N
N
N
N
N
N
N
N
. _. _
Medical Office
i
_...
N
--
N
N
N
N
L 4
(1)
m..
L (17)
Motels
N
N
N
N
N
N
N
Movie TheatersN
N
N
N
N
N
N
Outdoor Recreation
P
P
P
P
P
SUP
SUP
Private Club
N
N
N
N
N
N
L(11)
C Professional Services and Offices
N
N
( N
N
N
L(14)
L(17)
Quick Vehicle Servicing
N
N
N
N
N
N
SUP
Restaurant
N
N
N
N
N
N
L(11)
I
Retail Sales and Service
N
N
N
N
N
L(15)
L(17)
Sale of Products Grown on Site
N
N
N
N
N
N
N
Sexually Oriented Business
N
N
N
N
1 N
N
N
Temporary Uses
i
L(38)
f
Q38)
L(38)
L(38)
L(38)
L(38)
L(38)
Vehicle Repair
N
.... N
N
N
N.
N
N
P=Permitted, N=Not permitted, SUP=Specific Use Permit
Required, L(X)=Limited as defined in Section
35.5.8
Industrial Land Use Categories NR -1 NR -2 NR -3 NR -4 NR -6 NRMU-
12 NRMU
Craft Alcohol Production
N
N
N
N
N(
N
SUP
Distribution Center Warehouse, General
N
N
N
N
N
N
N
Feed Lots
1
I
N
N
N
N
N
N
N
Food Processing
N
N
N
N
N
N
N
Gas Wells
L(27)
L(27)
L(27)
L(27)
L(27)
L(27)
L(27)
Heavy Manufacturing
N
N
N
N
N
N
N
Junk Yards and Auto Wrecking
i
N
N
N
N
N
N
N
Kennels
L(37)
V L(37)
N
N
N
N
N
Light Manufacturing
...
N
N
N
N
N
N
N
Manufacture of Non -odoriferous Foods
N
N
N
N
N
N
N
Printing/Publishing
N
N
N
N
N
N
N
Sanitary Landfills, Commercial Incinerators, Transfer
N
N
N
N
N
N
N
Stations
i
Self-service Storage
Veterinary Clinics
Warehouse, Retail
Institutional Land Use Categories
Adult or Child Day Care
High School
Hospital .. Services
p es
Kindergarten, Elementary School
NR -1 I NR -2 I NR -3 I NR -4 I NR -6 I NRMU-12 I NRMU
SUP
SUP
SUP
SUP
SUP
P
P
L(25)
L(25)
L(25)
L(25) L(25)
L(25)
L(25)
N
N
N
N
N
N
L(14)
N
N
N
N
N
N
N
P
P
P
P P
P
P
N
N
N
N
N
N
N
N
N
N
N
N
P
P
N
N
N
N
N�:
N
N
N
N
N
N
SUP
L(13)
P
L(43)
L(43)
L(43)
L(43)
L(43)
i
....
L(43)
L(43)
t
i N
N
N.
N
N
N
SUP
6
f N
N
N
N
N
N
f N
SUP
SUP
SUP
SUP
s
isUP
P
P
Medical Clinic
N
N
N
N
�_N
N
SUP
Middle School
N
N
N
N
N
P
P
Mortuaries
N
N
N
N
N
N
N
Parks and Open Space
P
P
P
P
P
P
P
Semi-public, Halls, Clubs, and Lodges
SUP
SUP
SUP
SUP
4
SUP I
L(15)
P
WECS (Building -mounted)
L(42)
SUP
SUP
SUP
SUP
SUP
SUP
WECS (Free-standing Monopole Support
80 feet
feet
feet
feet
30 feet
I
L(41)
SUP
SUP
SUP
SUP
SUP
SUP
Structure)
80
I
50
Minimum lot depth
feet
feet
80 feet
feet
P=Permitted, N=Not permitted, SUP=Specific
Use Permit
Required,
L(X)=Limited
as defined in
Section
35.5.8
35.5.2.3. General Regulations.
General regulations of the Residential Neighborhood land use zone are
contained in the table
below:
The following limits apply to subdivision of two (2) acres or less:
NRMU-
General Regulations
NR -1
NR -2
NR -3
NR -4
NR -6
NRMU
12
Minimum lot area (square feet)
32,000
16,000
10,000
7,000
6,000
3,500
2,500
�60
50
50
20
Minimum lot width
80 feet
80 feet
feet
feet
feet
30 feet
feet
100
100
80
80
I
50
Minimum lot depth
feet
feet
80 feet
feet
feet
80 feet
feet
20
15 feet
10
Minimum front yard setback
20 feet
20 feet
feet
10 feet
None
L(2)
feet
L(2)
Minimum side yard
6 feet
6 feet
6 feet 6 feet 6 feet
I �
6 feet 6 feet
i
Minimum side yard adjacent to a
NR -1
NR -2
�
10 10
t
10 feet
10 fee
10 feet
10 feet None
street
1
feet feet
30%
50%
s
10 10
Minimum rear yard
10 feet
10 feet
10 feet
10 feet None
70%
70%
50%
feet feet
The following limits apply to subdivision of more than two (2) acres in lieu of minimum lot size and
dimension requirements:
General Regulations NR -1 NR -2 NR-3NR-4NR-6 NRMU- NRMU
Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30
Minimum side yard for non-attached 20 10 6 5 4 i 12
10 feet
buildings feet feet feet feet feet feet
l
The following limits apply to all buildings:
General
NR -1
NR -2
NR -3
Regulations
Maximum lot
30%
30%
50%
coverage
Y -
Minimum
landscaped
70%
70%
50%
area
NR -4 I NR -6 I NRMU-12 II NRMU
60% 60% 1 60% 1 80%
40% 1 40% 4 40% ( 20%
Maximu....,
building 40 feet 40 feet 40 feet 40 feet I 40 feet 40 feet I' 65 feet
height
Maximum
55 feet 55 feet 55 feet 55 feet 55 feet 55 feet 75 feet
WECS height
35.5.2.4. Mixed Use Residential Protection Overlay.
Where necessary to address the concerns of owners of existing adjacent residential uses that a
proposed non-residential or multi -family mixed use allowed by this Subchapter is incompatible, the
applicant may consent to the imposition of increased setback, landscaping, screening or buffer
requirements along the borders of such existing residential uses, or to the imposition of additional use
or performance-based restrictions upon the proposed use. Such additional modifications or restrictions
shall, upon approval, amend the underlying zoning classification and use designation to add these
supplemental requirements. The Mixed Use Residential Protection Overlay may be established
through the Zoning Amendment Procedure, either as a separate zoning case, or in conjunction with
an amendment of the underlying mixed use zoning classification.
35.5.3. - Downtown University Core.
35.5.3.1. Purpose.
The purpose of the Downtown University Core District is to encourage mixed use developments within
specified commercial areas of the district. This district is a pedestrian friendly district. Land Use
categories within this district include:
DR -1
Downtown Residential 1
Downtown Residential 2
DC -N Downtown Commercial Neighborhood
DC -G I Downtown Commercial General
35.5.3.2. Permitted Uses,
10 feet 10 feet 10 feet
10 feet
10 feet
15 feet
20 feet
plus 1 foot plus 1 foot plus 1 foot
plus 1 foot
plus 1 foot
plus 1 foot
plus 1 foot
Minimum
for each for each for each
for each
for each
for each
for each
yard when
foot of foot of foot of
foot of
foot of
foot of
foot of
abutting a
building building building
building
building
building
building
single-family
height height height
height
height
height
height
use or district
above 20 above 20 above 20
above 20
above 20
above 20
above 20
feet feet feet
feet
feet
feet
feet
35.5.2.4. Mixed Use Residential Protection Overlay.
Where necessary to address the concerns of owners of existing adjacent residential uses that a
proposed non-residential or multi -family mixed use allowed by this Subchapter is incompatible, the
applicant may consent to the imposition of increased setback, landscaping, screening or buffer
requirements along the borders of such existing residential uses, or to the imposition of additional use
or performance-based restrictions upon the proposed use. Such additional modifications or restrictions
shall, upon approval, amend the underlying zoning classification and use designation to add these
supplemental requirements. The Mixed Use Residential Protection Overlay may be established
through the Zoning Amendment Procedure, either as a separate zoning case, or in conjunction with
an amendment of the underlying mixed use zoning classification.
35.5.3. - Downtown University Core.
35.5.3.1. Purpose.
The purpose of the Downtown University Core District is to encourage mixed use developments within
specified commercial areas of the district. This district is a pedestrian friendly district. Land Use
categories within this district include:
DR -1
Downtown Residential 1
Downtown Residential 2
DC -N Downtown Commercial Neighborhood
DC -G I Downtown Commercial General
35.5.3.2. Permitted Uses,
The following uses are permitted within the Downtown University Core District:
i Residential Land Use Categories
` DR -1
DR -2
DC -N
DC -G
Accessory Dwelling Units
P
P
N
N
I
AgricultureP
P
P
P
Attached Single-family Dwellings
i
N
P
P
P
Community Homes For the Disabled
P
P
P
P
I _. Dormitory
SUP
P
P
P
Duplexes
P
P
P
N
Dwellings Above Businesses
N
P
P
P
Fraternity or Sorority House
SUP
P
P
P
Group Homes
N
N
N
SUP
Livestock
L(7)
L(7)
L(7)
L(7)
Auto and RV Sales
N
N
N
L(20)
Bar
N
N
L(11)
P
..................
j Bed and Breakfast
L(8)
L(9)
P
P
adcasting of Production Studio
N
SUP
P
P
I
Commercial Parking Lots
l
N
N
L(28)
L(28)
m .._...
Drive-through Facility
N
_....
..._.m
N
m�..
N
_
SUP
Equestrian Facilities
N
N
N
N
Home Occupation
I
P
P
P
P
_ Hotels
N
N
N
P
Indoor Recreation
N
N
N
P
Laundry Facilities
N
P
P
P
�. _ ... m ® .. ...
Major Event Entertainment
N
_..
N
.. —
N
_
SUP
Medical Office
i
N
L(15)
L(17)
P
�......_ .......Motels ..�
N m,
. N.m._.,
.. .
N
N
Movie Theaters
I
N
N
SUP
SUP
Outdoor Recreation
I N
N
N
N
Private Club__ _
_N
N
L(11)___
P
Professional Services and Offices
N
C L(15)
L(17)
P
Quick Vehicle Servicing
N
N
N
SUP
...
Restaurant �.. �
e......
�,.M ..
N
� N�
L(11)
P
Retail Sales and Service
N
L(15)
L(17)
P
Sale of Products Grown on Site
N
N
N
N
_._ ...........
Sexually Oriented Business
N
N
N
N
Temporary Uses
L(38)
i
L(38)
L(38)
L(38)
Vehicle Repair
E
N
N
N
SUP
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in
Section
35.5.8
N
N
N
DR -1 I DR -2 G DC -N I DC -G
N
N
L(21)
P
N
N
ti N
(
N
N
N
N
N
_
N
N
SUPL...
w (12)
N
N
N
N
N
N
N
N
N
N
N
N
L(27)
L(27)
L(27)
L(27)
N
N
N
N
N
N
N
N
1 N
1 N
4
( N
N
Light Manufacturing
N
N
N N
Manufacture of Non -odoriferous Foods
I
N
N
N N
Printing/Publishing
N
N
N P
.. m,
Sanitary Landfills, Commercial Incinerators, Transfer Stations
N
N
N
N
Self-service Storage
N
N
N
N
Veterinary Clinics
N
SUP
L(26)
P
1
Warehouse, Retail
N
N
N
N
Institutional Land Use Categories
Churches
DR -1
DR -2
DC -N
DC -G
i
P
P
P
P
SUP
SUP
SUP
SUP
N
N
L(26)
P
N
N
N
N
mn..aP
...,
Colleges
i
N
N
SUP
P
Community Service
N
N
P
P
Conference/Convention Centers
N
N
I
SUP
P
Elderly Housing
N
N
L{13)
P
Electric Substations and Switch Stations
L(43)
L(43)
L(43)
L(43)
i
High School
N
N
N
N
Hospital Services
N
N
P
P
G Kindergarten, Elementary School
P
P
P
N
Medical Clinic
N
N
P
P
Middle School
N
P
P
N
II
Mortuaries
N
N
P
P
Parks and Open Space
P
P
P
P
Semi-public, Halls, Clubs, and Lodges g s
I
� P
P
P
P
r _
WECS (Building -mounted)
I
,
SUP
SUP
SUP
SUP
WECS (Free-standing Monopole Support Structure)
SUP
SUP
SUP
SUP
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section
35.5.8
35.5.3.3. General Regulations.
General regulations of the Downtown University Core District are as follows:
General
DR-1
DR-2
DC-N
DC-G
Regulations
Minimum lot area
4,000
4,000
2,500
None
(square feet)
i Minimum lot width_.
50 feet
40feet^
20 feet
None
Minimum lot depth
80 feet
80 feet
50 feet
None
Minimum front
10 feet
10 feet
None
None
yard setback
I
Minimum side yard
6 feet
6 feet
None
None
i
Minimum side yard
10 feet
10 feet
None
None
adjacent to a street
Minimum rear yard
10 feet
10 feet
None
None
Minimum yard
10 feet plus 1 foot
10 feet plus 1 foot
15 feet plus 1 foot
20 feet plus 1 foot
abutting a single-
for each foot of
for each foot of
for each foot of
for each foot of
family use or
building height
building height
building height over
building height
district
over 30 feet
over 30 feet
30 feet
over 30 feet
Minimum
700 SF
500 SF
500 SF
500 SF
residential unit size
Maximum FAR
0.50
0.75
1.5
3.0
Maximum density,
dwelling units per
8
30
72
150
acre
I
Maximum lot
60%
75%
80%
85%
coverage I
Minimum
40% 25% 20% 15%
landscaped area
Maximum building
height
W1aximumVVECS
height
40 feet
45 feet
100 feet/
55 feet 55 feet 110 feet/L(33)
100 feet/
UB\
110 feet/
U33\
3S.5.4.'Community Mixed Use Centers.
35.5.4.1. Purpose.
The purpose of the Community Mixed Use Centers is to provide the necessary ohopping, serviceo,
recreation, employment and institutional facilities that are required and supported by the surrounding
community. Land Use categories within the Community Mixed Use Centers include:
_______ ........ __-------- _.... ________.......... _______
Community Mixed Use General
���.�
CME
Community Mixed Use Employment
Dwellings Above Businesses
P
CM -G
CM -E
P
P
P
P
P
L(14)
N
P
P
P
f,
P
P P
N
N
N
I N
Hotels
i
P
P
Indoor Recreation
I
P
P
Laundry Facilities
f
Y
P
P
Major Event Entertainment
l
SUP
N
Medical Office
P
P
Motels
P
P
r
Movie Theaters
SUP
N
Outdoor Recreation
P
N
Private Club
P
L(14)
fessionaI Services and Offices
P
P
Quick Vehicle Servicing
P
P
Restaurant
P
L(14)
Retail Sales and Service
P
L(14)
Sale of Products Grown on Site
I
N
N
Sexually Oriented Business
N
N
Temporary Uses
L(38)
L(38)
Vehicle Repair
P
P
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section
35.5.8
Industrial Land Use Categories
CM -G
CM -F
I,
Bakeries
P
L(25)
Compressor Stations
N
N
Co nstruction Materials Sales
N
N
Craft Alcohol Production
i
L(12)
L(12)
Distribution Center/Warehouse, General
I
N
N
Feed Lots
N
N
Food Processing
N
N
Gas Wells
L(27)
L(27)
Heavy Manufacturing
N
N
Junk Yards and Auto Wrecking
N
N
Kennels
N
N
Light Manufacturing
N
N
Manufacture of Non -odoriferous Foods
N
L(25)
Printing/Publishing
P
L(25)
Sanitary Landfills, Commercial Incinerators, Transfer Stations
N
N
I
Self-service Storage
�
N
I
N
Veterinary Clinics
P
P
Wholesale Nurseries
N
N
Warehouse, Retail
I
� N _
N
Wholesale Sales
1
CM -G i CM -E
P
N
SUP
SUP
P
P
N
N
P
P
P
P
P
P
P
P
N �
N
L(43)
L(43)
P
P
N
N
P
P
N P I
P
P = Permitted, N = not permitted, SUP = Specific Use Permit Required, L(X) = Limited as defined in
Section 35.5.8
Minimum lot depth 50 50 feet
feet
Maximum FAR
Minimum residential unit size
Maximum lot coverage
Minimum landscaped area
Maximum building height
Maximum WECS height
1.5
0.75
500 SF
None
80%
85%
20%
15%
65
65 feet
feet
75 E75
fcct
feet
Agriculture
P
P
P
P
Attached Single -family Dwellings
P
P
P
P
Community Homes For the Disabled
P
P
P
P
Dormitory
_ L(11)
l
N
N
N
N
Duplexes
N
N
N
N
.................... _ ... .
Dwellings Above Businesses
P
P
P
P
Fraternity or Sorority House
N
N
N
N
Group Homes
SUP
SUP
SUP
SUP
Livestock
L(7)
L(7)
L(7)
L(7)
Live/Work Units
P
P
P
P
Manufactured Housing Developments
N
N
N
N
Multi-Family Dwellings
L(4)
L(4)
L(6) & L(4)
L(6) & L(4)
Single -family Dwellings
N
N
N
N
m ...
- d, SUP=Specific
P=Permitted, N -Not permitted,
Use Permit Required,
L(X)=Limited
as defined
in Section
35.5.8
t Commercial Land Use Categories
1
RCR-1
RCR-2
RCC -N
RCC -D
N
I Administrative or Research Facilities
SUP
SUP
L(14)
P
Auto and RV Sales
N
N
N
P
Bar
_ L(11)
l
L(11)
P
P
L(8) L(9)
s I u I p I SUP
Industrial Land Use Categories
Bakeries
Compressor Stations
)
Light Manufacturing
�
Manufacture ofNon-odoriferous Foods
Printing/Publishing
N
N
N
N
Sanitary Landfills, Commercial Incinerators, Transfer Stations
N
N
N
N
Self-service Storage
N
N
N
N
Veterinary Clinics
SUP
SUP
L(14)
P
Warehouse, Retail
N
N
L(13)
L(13)
Wholesale Nurseries
N
N
N
N
Wholesale Sales
N
N
N
N
Wrecker Services and Impound Lots
N
N
N
N
P= Permitted, N=Not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in
Section 35.5.8
RCR-1
RCR-2
RCC -N
RCC -D
P
P
®... ... ,,
P
P
SUP
SUP
SUP
SUP
N
i
N
L(1'4
P
N__
N
N
N
P
P
P
P
N
N
P
P
P
P
P
P
N
N
P
Elderly Housing
P
P
P
P
Electric Substations and Switch Stations
I
L(43)
L(43)
L(43)
L(43)
High School
SUP
SUP
i P
P
Hospital Services
N
N
P
P
-- — Kindergarten, Elementary School
E
P
P
P
N
Medical Clinic
SUP
SUP
P
P
Middle School
P
P
P
P
Mortuaries C
N
N
P
P
I
Parks and Open Space
P
P
P
P
Semi-public, Halls, Clubs......, .
p ,and Lodges
P
P
� P
_..
P
1
WECS (Building-mounted)
SUP
SUP
�
SUP
SUP
WECS (Free-standing Monopole Support Structure)
SUP
SUP
SUP
SUP
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited
as
defined in Section
35.5.8
Minimum lot width 50 feet
20 feet 20 feet None
Minimum lot depth � 80 feet 60 feet _ 50 .f � .....�. _.
feet None
Minimum side yard
Maximum Lot
10 feet 10 feet
6 feet
None
adjacent to a street
0
55/0
0
75/0
10 feet plus 1 foot 10 feet plus 1 foot
90%
Covera e
g
for each foot of for each foot of
i
f
Minimum rear yard
None
None
building height building height
45%
above 30 feet above 30 feet
15%
10%
Minimum yard
30 feet plus 1 foot 30 feet plus 1 foot
30 feet plus 1 foot
30 feet plus 1 foot
abutting a single-
for each foot of for each foot of
for each foot of
for each foot of
family use or
building height building height
building height
building height
district
above 30 feet above 30 feet
above 30 feet
above 30 feet
Minimum
100 feet
height
600 SF 500 SF
500 SF
500 SF
residential unit size
...
..... _...... .....
Maximum FAR
0.50 0.75
b
1.5
3.0
Maximum Density,
60 feet
75 feet
0 feet
11. feet
dwelling units per
30 40
80
100
acre
1
Maximum Lot
0
55/0
0
75/0
$5%
90%
Covera e
g
i
f
Minimum
45%
25%
15%
10%
Landscaped Area
I
Maximum building
40 feet
50 feet
65 feet
100 feet
height
Maximum WECS
...
..... _...... .....
_
55 feet
60 feet
75 feet
0 feet
11. feet
height
35.5.6. - Employment Centers.
35.5.6.1. Purpose.
The purpose of the Employment Centers is to provide locations for a variety of workplaces and
complimentary uses. Land Use categories within Employment Centers include:
EC -C Employment Center Commercial
EC -I Employment Center Industrial
35.5.6.2. Permitted Uses.
The following uses and their accessory uses are permitted within the Employment Centers:
Residential Land Use Categories
t
r
EC -C
EC -I
Accessory Dwelling Units
N
N
Agriculture
P
P
Attached Single-family Dwellings
4 _N
Community Homes For the Disabled
N
N
Dormitory
N
N
Duplexes
N
N
_ Dwellings Above Businesses
i
N
N
Fraternity or Sorority House
N
N
Group Homes _.
I
_ ....
N
N
Livestock
L(7)
L(7)
} Live/Work Units
N
i
N
Commercial Land Use Categories
EC -C
CC -1
e r_.
Administrative or Research Facilities
P
P
Auto and RV Sales
P
P
Bar
P
P
Bed and Breakfast
N
N
.....�...... _ _...._._ .
Broadcasting of Production Studio
P
P
Commercial Parking Lots
P
P
Drive-through Facility
P
P
Equestrian Facilities
N
N
Home Occupation
N
6
N
Hotels
P
P
Indoor Recreation
P
P
Laundryw,am
Facilities
P
P
Major Event Entertainment
P
P
Medical Office
P
P
Motels
P
N
Movie Theaters
NN
Outdoor Recreation —
-
P
N
Private Club
P
P
Professional Services and Offices
P
P
Quick Vehicle Servicing
i
P
P
Restaurant
P
P
Retail Sales and Service
P
L(18)
Sale of Products Grown on Site
N
N
Sexually Oriented Business
N
N
Temporary Uses
L(38)
f
L(38)
Vehicle Repair
P
P
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section
35.5.8
Craft Alcohol Production
i
P
P
Distribution Center/Warehouse, General
N
L(34)
Feed Lots
N
N
.... ........... ........
Food Processing
.
N
N
Gas Wells _
L(27)
L(27)
Heam...
vy Manufacturing
N
N
V _
Junk Yards and Auto Wrecking
1
N
N
Kennels
P
c
P
Light Manufacturing
P
P
Manufacture of Non-odoriferous Foods
,,...... ...,,... _
P
„_....
P
C
Printing/Publishing
P
P
_
Sanitary Landfills,. Commercial Incinerators Transfer Stations
N
N
Self-service Storage
i
P
P
Veterinary Clinics
P
P
Warehouse, Retail
L(34)
L(34)
Wholesale Nurseries _
N
L(32)
Wholesale Sales
P _
P
Wrecker Services and Impound Lots
SUP L(29)
SUP L(29)
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X) = Limited as defined
in Section
35.5.8
Institutional Land Use Categories
EC -C
EC -I
Adult or Child Day Care
P
P
Basic Utilities
P
P
Business/Trade School
P
Q P
Cemeteries
N
N
Churches
P
P
.......
Colleges
P
P
Com munity Service
i
P
P
Conference/Convention Centers
P
SUP
Elderly Housing
P
N
Electric Substations and Switch Stations
P
P
High School
N
N
Hospital Services
p„ P
ll
N ,
f
Kindergarten, Elementary School
N
N
Medical Clinic
P
N
Middle School
N
N
Mortuaries
P
P
Parks and Open Space
P
�....
P
Semi-public, Halls, Clubs, and Lodges
P
P
WECS (Building -mounted)
SUP
SUP
WECS (Free-standing Monopole Support Structure) SUP SUP
I
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section
35.5,8
Minimum lot width
Minimum lot depth
20 feet
50 feet
EC -1
2,500
50 feet
50 feet
Maximum lot coverage
80%
Minimum landscaped area
20%
Maximum building height
100 feet
Maximum WECS height
110 feet
35.5.7. - Industrial Centers.
35.5.7.1. Purpose.
The purpose of Industrial Centers is to provide locations for a variety of work processes and
employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a
wide range of commercial and industrial operations. Land Use categories within Industrial Centers
include:
IC -E Industrial Center Employment
IC -G Industrial Center General
IC -E IC -G
N N
P P
N 11 . N
N N
N N
N N
N N
N N
N N
L(7) L(7)
y
IC—E
IC—G
P
P
P
P
L(14)
L(22)
N
N
P
P
P
P
L(14)
L(14)
N
N
N
N
P
N
P
N
I P
a
P
Major Event Entertainment
IC -G
P
N
Medical Office
i
P
P
Motels
P
N
Movie Theaters
N
N
Outdoor Recreation
N
N
Private Club
L(14)
L(22)
Professional Services and Offices
P
P
_....... ...... .........m ,,,,,,.. ... g
Quick Vehicle Servicin
P
P
..e em.. m.._ . ....... _....... ..
Restaurant
L(14)
L(22)
Retail Sales and Service
L(18)
L(18)
Sale of Products Grown on Site
N
N
Sexually Oriented Business
N
SUP/ L(32)
Temporary Uses
L(38)
I
L(38)
Vehicle Repair
P
P
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required,
L(X)=Limited as defined in Section
35.5.8
Industrial Land Use Categories
Bakeries _
Compressor Stations
IC -E
IC -G
L(25)
P
SUP
SUP
i
Construction Materials Sales
i
P
P
Craft Alcohol Production
P
P
Distribution Center/Warehouse, General
P
P
Feed Lots
N
N
Food Processing
N
P
Gas Wells
L(27)
L(27)
Heavy Manufacturing
N
SUP
Junk Yards and Auto Wrecking
N
SUP
Kennels
N
N
Light Manufacturing
P
P .
Manufacture of Non -odoriferous Foods
ti
L(25)
P
Printing/Publishing
L(25)
L(25)
Sanitary Landfills, Commercial Incinerators, Transfer Stations
N
SUP
Self-service Storage
P
P
Veterinary Clinics
N
N
Warehouse, Retail
SUP
SUP
Wholesale Nurseries
P
P
Wholesale Sales
P
P
Wrecker Services and Impound Lots
4
L(29)
L(29)
P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section
35.5.8
IC -E IC -G
L(19) N,.
P
P
P
P
N G
N
P
P
P
N
P
P
w.�
S 11 UP
N
N I N
P P
N N
N N
N N
P N
N I N
P I N
.......... . . . ......
35.5.7.3. General Regulations.
General regulations of the Industrial Centers are contained in the
table below:
General Regulations
IC -E
IC -G
Minimum lot area (square feet)
2,500
5,000
Minimum lot width
50 feet
50 feet
Minimum lot depth
50 feet
50 feet
b
Minimum front yard setback
10 feet
......... . . ..... ..
10 feet
Minimum side yard
6 feet
......
6 feet
. . . . . .... .. ........... ..... . ......................
Minimum side yard adjacent to
. ........... . .....
10 feet
10 feet
a street
Minimum yard when abutting a
30 feet, plus 1 foot for each foot
et, plus I foot for each foot
30 f
residential use or district
of building height above 30 feet
of ilding height above 30 feet
Maximum FAR
0.75
2.0
... . . ... ......
Maximum lot coverage
80%
90%
Minimum landscaped area
20%
10%
Maximum building height
100 feet
I 140 feet
Maximum WECS height
110 feet
- - - ----- -- ----
150 feet
EXHIBIT B
Subchapter 23 - Definitions
35.23.1. - General.
For the purpose of this Chapter, certain words and terms shall be defined and interpreted as follows.
Interpretations of meaning shall be made by the Director of Planning and Development based on the
provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of
Adjustment Procedure.
35.23.2. - Definitions and Terms.
Acceleration/Deceleration Lane. One or more paved traffic lanes traversing the frontage of a property for
the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes.
Accepted for Filing. The status of an application following submission and acceptance as complete by the
Director of all application materials, documents, and fees, and required signatures required by this Chapter.
Access Ramp. A route to provide entry for vehicles and machinery into a drainage system.
Access Road. A route parallel to and at the top of the bank or channel to allow maintenance access of
channels from the top.
Accessory Building or Structure. A structure on the same lot with, and of a size and nature customarily
incidental and subordinate to, the principal structure. Examples of accessory structures include, but are not
limited to, the following: detached garages and/or carports; storage structures and/or barns; freestanding
greenhouses; swimming pools and pool houses; tennis courts; satellite dish antennas; freestanding
workshops; gazebos; radio and/or TV antenna structures not attached to the principal structure; paved
areas other than driveways and walkways; and perimeter fencing and/or walls.
Accessory Use. A use incidental or secondary to the principal use of a lot, building or structure and located
on the same lot as the principal use.
Acreage, Net. The gross acreage of a parcel excluding any floodway.
Acreage, Gross. The acreage included within the boundary line of a particular property, including all
property legally held by the owner, unless said property has dedicated right-of-way previous to development
to the City, county, state or federal entity.
Addition. Lots, tracts or parcels of land lying within the corporate boundaries of the City which is intended
for the purpose of development.
Administrative or Research Facilities. A facility used for the management of an enterprise or research
and development activities such as improving technologies, developing products and scientific research.
Adult Arcade. Any place to which the public is permitted or invited wherein coin-operated or slug -operated
or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other
image -producing devices are maintained to show images to five (5) or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
Adult Bookstore/Adult Video Store.
A. A commercial establishment which as one of its principal business purposes offers for sale or
rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photo -graphs, films, motion
pictures, video cassettes or video reproductions, slides, or other visual representations
distinguished or characterized by an emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas"; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with
"specified sexual activities."
B. For the purpose of this definition, a commercial establishment shall be considered to have as
"one of its principal business purposes" the sale or rental of the materials described in (A) above,
if:
1. The establishment makes use of a sign visible from any public street, whether located on or
off the property of the establishment, advertising the availability at the establishment of any
materials described in (A);
2. The establishment devotes more than thirty (30) percent of its total floor area which is open
to the public to the display of items for sale or rental that are materials described in (A);
3. More than thirty (30) percent of the total number of items displayed for sale or rental by the
establishment are materials described in (A); or
4. The establishment regularly maintains on the property for sale or rental materials described
in (A) whole total retail value is more than fifty (50) percent of the total retail value of all
materials kept on the premises for sale or rental.
Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity; or
B. Live performances which are distinguished or characterized by an emphasis on "specified sexual
activities" or the exposure of "specified anatomical areas"; or
C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are
distinguished or characterized by an emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
Adult Motel. A hotel, motel, or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-
circuit television transmissions, films, motion pictures, video cassettes, slides, or other
photographic reproductions which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas";
and has a sign visible from the public right-of-way which advertises the availability of this adult
type of photographic reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is
less than ten (10) hours.
Adult Motion Picture Theater. A commercial establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which
are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas."
Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly
features persons who appear in a state of nudity or live performances which are distinguished or
characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical
areas."
Agricultural Activity. Land used exclusively as a bonafide agricultural operation by the owner or tenant.
The use of land for agricultural purposes including farming, horticulture, animal and poultry husbandry, and
the necessary accessory uses, provided that the operation of the accessory use is clearly incidental to the
agricultural activity. An accessory use shall include incidental sales by the producer of products raised on
the farm.
Airspace Obstruction. Any structure, tree, land mass, or use of land which penetrates a transitional,
horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by this Chapter
and/or regulations of the Federal Aviation Administration.
Alley. A public way which affords a secondary means of access to abutting property and which is not
intended for general travel or circulation.
Ambulatory Surgical Center (ASC): See the Seed they Texas Administrative Code. TFtl, ��� Cart 1, Chgptpl
135,_ Subchapter ,A, Pale 1 �35.2 DeNnition , as amended. See also Medical Clinics.
Antenna, Directional. Any antenna which incorporates a reflective surface that is designed to transmit or
receive microwave signals from terrestrial or orbitally based uses.
Apartment, Studio or Efficiency. One (1) room which is designed or intended for occupancy by, or which
is occupied by, one (1) family doing its cooking therein or by one or more related persons doing their or
their own cooking therein. For zoning purposes, a studio or efficiency apartment shall be regarded as a
dwelling unit and a structure containing three (3) or more such apartments shall be regarded as a multiple
dwelling.
Arcade. Any commercial building in which there are more than three (3) amusement game machines on
the premises which are available to the public. An arcade may contain commercial recreational machines
or games other than amusement game machines. Arcades are restricted in use between the hours of 10:00
a.m. and 10:00 p.m. Sunday through Thursday and 10:00 a.m. and 12:00 p.m. Friday through Saturday
and are further restricted from serving alcoholic beverages, except in the case where the use is primarily
for adults and all minors are accompanied by an adult.
Architectural Element. Authentic architectural projections and details.
Architectural Projection. Eaves, decorative extensions, bay windows having no floor space, or other
portions of a structure having no living space nor key structural value.
Assisted Living Facility. An establishment that:
A. Furnishes, in one or more facilities, food and shelter to four (4) or more persons who are unrelated
to the proprietor of the establishment; and
B. Provides personal care services.
Attached Single-family. See "Dwelling, Single-family Attached."
Automobile and RV Sales. A structure and/or lot dedicated to the retail sale of new or used motor vehicles.
Automotive Wrecking and Salvage Yard. A business that stores three (3) or more wrecked vehicles
outdoors for the purpose of selling the vehicles whole; or dismantling or otherwise wrecking the vehicles to
remove parts for sale or for use in an automotive repair or rebuilding business.
Backhaul Provider. The owner of a wire network (i.e. the cable, electric, or telephone company) utilized in
connecting the various cell sites to telephone switching offices, long distance providers or the public
switched telephone network.
Bakery. A place for baking or selling baked goods.
Bar: An establishment whose primary activity is the sale of alcoholic beverages for on -premise
consumption.
Base Density. The density allowed in the parent zoning district per gross acre.
Base Flood. A flood having a one (1) percent chance of being equaled or exceeded in any given year
based on a fully developed watershed. Also known as the one hundred (100) year flood.
Basement. A building story partially or completely underground. A basement shall be counted as a story
in computing building height where any portion of a basement has more than one-half ('/z) of its height
above grade.
Basic Utilities. Infrastructure services and the structures necessary to provide those services including
electricity, natural gas, telephone, telecommunications, water, or sewer.
Bed and Breakfast Facilities. A detached dwelling in which rooms are rented and meals may be served
to transient guests on an overnight basis.
Bedroom. Any room other than a living room, family room, dining room, kitchen, bathroom, closets, or utility
room, for the purpose of this Code, shall be considered a bedroom. Dens, studies, etc. with or without
closets and similar areas, which may be used as bedrooms shall be counted as bedrooms for the purposes
of this Chapter.
Block. The land surrounded by streets and other right-of-way other than an alley, or land which is
designated as a block on any recorded subdivision map.
Board of Adjustment/Board. The Board of Adjustment of the City of Denton, Texas.
Boarding or Roominghouse. A dwelling in which meals and lodging or just lodging are furnished for
compensation to more than four (4) but fewer than twenty (20) persons. Provision for meals may be made,
provided cooking is done in a central kitchen and not in individual rooms or suites.
Broadcasting or Production Studios. A structure designed for making and transmitting programs for
radio or television or for the production/editing of films, videos, commercials, etc.
Buffer. A strip of land that includes landscaping, fencing, walls, vegetated earthen berm, or any
combination thereof.
Buildable Area. The portion of a lot remaining and available for construction of a structure or related
facilities after required yards and buffers have been provided. Buildable area cannot contain any setback
areas, easements, and similar building restrictions, and cannot contain any land that is identified as
floodplain areas, or environmentally sensitive areas, except as otherwise provided in this Chapter.
Building. Any permanent structure designed, used, or intended to be used for human occupancy or use or
to support the human occupancy or use of land, including manufactured homes.
Building Envelope. An area within the property boundaries of a lot or space within which a permitted
structure can be placed.
Building Line. A line established beyond which no part of a building shall project, except as otherwise
provided in this Chapter.
Building Permit. A document signed by the Building Official or their authorized representative as a
condition precedent to the commencement of a use or the erection, construction, reconstruction,
restoration, repair, remodeling, rehabilitation, alteration, conversion, demolition, moving, installment, or
portion of a structure or building, which acknowledges that such use or building complies with the provisions
of this Chapter or an authorized variance or Specific Use Permit there from.
Building, Principle. A building in which the primary use of the lot on which the building is located is
conducted.
Business or Trade School. A secondary school offering instruction in a professional, vocational, or
technical field.
Business Sign. An identification sign containing the name of the business or other accessory information
located on the same premises.
Caliper. A horticultural method of measuring the diameter of nursery stock grown for the purpose of planting
in another location. For trees less than four (4) inches in diameter, the measurement is taken at six (6)
inches above ground level. For trees four (4) inches in diameter and up to and including twelve (12) inches
in diameter, the caliper measurement is taken twelve (12) inches above ground level. For trees greater than
twelve (12) inches in diameter, the trunk is measured at breast height (DBH).
Caretaker Quarters. A dwelling unit which houses an individual or family who is employed by the primary
user of the property to guard and protect the property and structure(s) from fire, vandalism, theft, etc. Such
structure is not to be used for dwelling purposes other than as a caretaker unit.
Carport. A partially enclosed structure used for the housing of motor vehicles, the property of, and for use
only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport
attached to a principal structure shall be regarded as part of that principal structure and not as an accessory
structure. A detached carport shall be classified as an accessory structure.
Central Business District. The area described as such by the map contained within Appendix B of the
Site Design Criteria Manual.
Certificate of Occupancy. Certificate issued by the Building Official for the use of a building, structure or
land, when it is determined by the Building Official that the building, structure or proposed land use complies
with the provisions of all applicable Codes of the City of Denton.
Channel. An open conduit in which water flows with a free surface.
Charter School. A school established by a contract with the State Board of Education (SBOE) or the Board
of Trustees of an independent school district, licensed by the state and meeting the state requirements for
primary, secondary, or higher education.
Child -Care Facility. A facility licensed, certified, or registered by the State of Texas to provide assessment,
care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage,
or adoption to the owner or operator of the facility, for all or part of the twenty-four (24) -hour day, whether
or not the facility is operated for profit or charges for the services it offers. The following are child-care
facilities:
A. "Child-care institution" means a child-care facility that provides care for more than twelve (12)
children for twenty-four (24) hours a day, including facilities known as children's homes, halfway
houses, residential treatment centers, emergency shelters, and therapeutic camps.
B. "Foster group home" means a child-care facility that provides care for seven (7) to twelve (12)
children for twenty-four (24) hours a day.
C. "Foster home" means a child-care facility that provides care for not more than six (6) children for
twenty-four (24) hours a day.
D. "Day-care center" means a child-care facility that provides care for more than twelve (12) children
under fourteen (14) years of age for less than twenty-four (24) hours a day.
E. "Group day-care home" means a child-care facility that provides care for seven (7) to twelve (12)
children under fourteen (14) years of age for less than twenty-four (24) hours a day.
F. "Family home" means a home that provides regular care in the caretaker's own residence for not
more than six (6) children under fourteen (14) years of age, excluding children who are related to
the caretaker, and that provides care after school hours for not more than six (6) additional
elementary school children, but the total number of children, including children who are related to
the caretaker, does not exceed twelve (12) at any given time. The term does not include a home
that provides care exclusively for any number of children who are related to the caretaker.
Christmas Tree and Pumpkin Sales. Christmas tree and pumpkin sales include the sale of healthy,
nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. Permits for temporary
Christmas tree and pumpkin sales are limited to the non-residential districts.
Church. A structure used by a religious organization or congregation for regular organized religious
activities. A church use may also include accessory or subordinate uses and structures associated with its
religious mission, such as: rectories, convents, meeting halls, offices for administration of the institution,
schools, educational facilities, dormitories for students, parsonages, dwelling units for religious organization
personnel, recreational facilities, day care facilities, arenas or production studios, or any combination of
such optional uses, provided that:
This definition shall not apply to any such accessory or subordinate uses, unless they are
secondary to an active, primary church use located on the same premises, regardless of whether
such uses are owned, operated, managed, supported, or endorsed by, or otherwise affiliated with,
any religious organization, mission or belief, and regardless of whether any religious message,
teachings, customs, celebrations, ceremonies, rituals, rites, worship or content are provided in
conjunction with such uses; and
Any and all such accessory or subordinate uses having a residential component, such as
rectories, convents, parsonages, dormitories and dwelling units, shall be located within an
accessory structure, secondary to the main church use. The primary structure may not be used
for any such residential use.
City. The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction
City Council. The City Council of the City of Denton, Texas.
City Engineer. The individual holding the office of City Engineer of the City of Denton, Texas, who shall
actively maintain licensure in good standing as a professional engineer under the laws of the State of Texas.
Those duties assigned by this chapter to the City Engineer which relate to the development review process
may be reassigned by the City Manager, in whole or in part, to one or more licensed professional engineers,
as needed to adjust workflow or to provide specific expertise.
City Facility. A public service or facility provided, owned and controlled by the City.
Clear Cutting. The removal of all of the trees or a significant majority of the trees within an area.
Clearing. An intentional act to cut down or damage a tree and/or understory vegetation, to the extent that
the tree and/or understory vegetation will decline or die. Clearing includes, but is not limited to, herbicide or
similar chemical treatment of trees and/or understory vegetation, physical removal, damage from soil
compaction, or damage due to grading.
Clearing and Grading, Limits of. The boundaries of that area of land identified in the clearing and grading
plan, site plan or landscape plan subject to soil disturbance, clearing of trees and other vegetation in
conjunction with a proposed development or land use.
Cluster Subdivision/Development. A grouping of individual building lots or sites in close proximity, each
of which or the majority of which has less land than required for isolated individual lots, with the additional
areas being devoted to open space, conservation area, recreation space, parking spaces and access
facilities, in addition to required yards.
Clustering. The concentrating of units or floor area ratio in the buildable area(s).
College or University. An institution of higher learning providing facilities for teaching and research and
authorized to grant academic degrees.
Commercial Incinerator. Establishments primarily engaged in the collection and disposal of refuse by
processing or destruction for profit. Examples would be furnaces or similar devices for the burning to ash
of trash or bodies.
Commercial Parking Lots. An area devoted to the standing, maneuvering, and circulation of motor
vehicles in commercial areas.
Commission. The Planning and Zoning Commission of the City of Denton, Texas.
Committee. The Development Review Committee (DRC).
Common Access Route/internal Street. Private drive allowing principal means of access to individual
HUD -Code Manufactured Home Park lots or auxiliary buildings.
Community Center. A building used as a place of meeting, recreation, or social activity and not operated
for profit and which neither alcoholic beverages or meals are normally dispensed or consumed, and typically
for use by the residents of a particular development or the community.
Community Home for Disabled Persons. A community-based residential home containing not more than
six (6) disabled persons with two (2) supervisory personnel which meets the requirements of the Community
Homes for the Disabled Persons Location Act, Tex. Hum. Res. Code Chapter 123.001, et seq. (Vernon
1990), as amended.
Community Service. A structure or group of structures for a community's governmental, social,
educational, and/or recreational activities. Community Service facilities include federal, state, county, and
local government activities.
Comprehensive Plan. The Denton Plan, the Comprehensive Plan of the City of Denton, Texas as adopted
by the City Council. The Comprehensive Plan shall consist of a Land Use Plan, a Mobility Plan, a Water
System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Parks and Recreation Plan, and such other
plans as may be adopted by the City.
Condominium. A type of ownership of attached or detached dwelling units, offices, or other space within
a structure, as defined by the provision of Title 7, Chapter 82 Uniform Condominium Act of the Texas
Property Code in which each unit is independently owned and financed by the occupant but in which all
lands are commonly owned.
Conduit. Any open or closed device for conveying flowing water.
Conference/Convention Centers. A facility with a capacity of greater than 1,000 seats used for
conferences, conventions, seminars, or similar functions.
Conservation Easement. A nonpossessory interest held by a governmental body empowered to hold an
interest in real property under the laws of this state or the United States; other qualified entity, pursuant to
Section 170(h) of the Internal Revenue Code, as amended; or a charitable corporation, charitable
association, or charitable trust in real property that imposes limitations or affirmative obligations designed
to:
A. Retain or protect natural, scenic, or open -space values of real property or assure its availability
for agricultural, forest, recreational, or open -space use;
B. Protect natural resources;
C. Maintain or enhance air or water quality; or
D. Preserve the historical, architectural, archeological, or cultural aspects of real property.
Construction Materials Sales. A business involved in the sale of structure supplies and services including
lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc.
Conveyance Plat. An Interim Plat recording the subdivision of property or defining a remainder of property
created by the approval of a Final Plat for sole purpose of conveying land and not for development for a
portion of property, where approval of final development plans is not sought.
Copy Center. A facility for the custom reproduction of written or graphic materials for individuals of
businesses. Typical processes include, but are not limited to, photocopying, small offset printing, blueprint,
and facsimile sending and receiving.
Corner Lot. See "Lot, Corner."
Cornice. A continuous, molded projection that crowns a wall or other construction, or divides it horizontally
for compositional purposes.
Coverage, Lot or Site. Total area of all structures, paved driveways, or other soil disturbances that will not
allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the
total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage.
Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale
distribution, but may also include onsite consumption and/or retail sales.
Criteria Manual. A manual pertaining to the technical and design requirements of this Chapter.
Critical Root Zone (CRZ). The area of undisturbed natural soil around a tree defined by a concentric circle
with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than
one (1) foot radius for each one (1) inch dbh.
dbh. Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and
one-half (4'/z) feet above existing ground level.
A. For single -trunk trees, the width shall be measured at four and one-half (41/2) feet above ground
level.
B. For multi -trunk trees, combine the diameter of largest stem or trunk with one-half (1/2) of the
diameter of each additional stem or trunk, all measured at four and one-half (4'h) feet above
ground level.
Day Care, Adult. A facility providing care for the elderly and/or functionally impaired adults in a protective
setting for a portion of a twenty-four (24) -hour day. The facility provides services under an adult day-care
program on a daily or regular basis but not overnight to four (4) or more elderly or handicapped persons
who are not related by blood, marriage, or adoption to the owner of the facility.
Decibel (dB). The physical unit commonly used to measure noise levels; the unit of level such as the sound
pressure level.
Deed Restrictions/Private Covenants. Private stipulations usually pertaining to residential subdivisions
which govern lot size, minimum floor area, uses permitted and, in some instances, architectural design.
These may be stricter than provisions included in this Chapter.
Demolition Business. A business that demolishes structures, including houses and other buildings, in
order to salvage building materials and that stores those materials before disposing of them.
Demolition. The dismantling, razing or neglect of all or any part of any structure.
Dense Evergreen Foliage. A large quantity of vegetation per unit of area that retains its leaves throughout
the year and of such opacity as to block one's vision through it.
Density. The quantity of an item per unit area; for example, the number of dwelling units per gross area.
Density, Base. The maximum number of dwelling units per gross acreage or the maximum floor area
permitted outright by a particular land -use classification.
Density, Gross. The total number of dwelling units divided by the total project area acreage, expressed as
gross dwelling units per acre, or the calculation of which is otherwise defined by this Chapter.
Density, Net. The total number of dwelling units divided by the net project area acreage, expressed as net
dwelling units per acre. In determining net density within the development boundaries, including: all land
area associated with and accessory to the dwelling unit, including private and public streets, driveways, off-
street parking, public and private recreational facilities, common open space, utility easements, and
environmentally sensitive areas. Exclusions from net density calculations include: nonresidential structures
and land uses, accessory dwelling units, the floodway and any waters of the U.S. and any other exclusions
as identified by this Chapter.
Department. The Planning and Development Department of the City.
Detention. The storage of storm runoff for a controlled release during or immediately following the design
storm. Regional detention refers to storage of storm runoff from an entire drainage area or basin.
Developed Floodplains. Any area defined as a floodplain within the FEMA one hundred (100) year
floodplain. These areas have typically been channelized or the land within these areas has been graded,
filled, or otherwise disturbed.
Developer. The legal or beneficial owner or owners of a lot or any land proposed to be included in a
proposed development including the holder of an option or contract to purchase, or other person having an
enforceable proprietary interest in such land.
Development. Any man-made change to improved or unimproved real estate, including but not limited to,
buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of
land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities,
and other facilities; installation of septic systems; grading; excavation, mining or drilling operations; deposit
of refuse, debris, or fill materials; and clearing of natural vegetative cover (with the exception of agricultural
activities as defined and as permitted). Routine repair and maintenance activities are exempted.
Development Unit. An approximate "subarea" within a specifically defined MPC boundary -containing
singular or multiple designated land use and zoning classifications. Multiple classifications or mixed-use
classifications may be permitted in the MPC District in conformance with The Denton Plan. A development
unit in text or table format is the same area as referenced on a map but describes the area in more specific
detail. The City Council may approve a particular definition of "subarea" or "development unit" for any
individual MPC District.
Development Exaction. Any dedication of land or easements for, construction of, or monetary contribution
toward construction of a public improvement required as a condition of Plat approval by the City.
Development Plan. Is a plan, organized, by development unit, demonstrating how the Standards Report
will be implemented. The Development Plan will illustrate the proposal's relationship and conformity with
adjacent land uses, Mobility systems and the provision of utilities and other public services.
Development Plan Map. A map at an appropriate scale included in an MPC zoning document that sets
forth on the property all the proposed land uses in a zoning category format (e.g., NR -3, RCC, etc., or
equivalent), identifies site access, connectivity, and general public improvements (such as parks, open
space, trails, but not limited to these), a table showing all the land uses; including the total acreage of each
proposed land use, the land use and acreage by parcel, and the total acreage of the project. The map shall
also show boundaries reflecting the phasing plan.
Development Plat. A Plat reflecting new construction or the enlargement of any exterior dimension of any
building, structure, or improvement on property previously Final Platted or not required to be platted.
Diameter Breast Height (DBH). The outside diameter of the trunk of a tree, measured four and one-half
(4'/2) feet above ground level. If a tree splits into multiple trunks below the four and one-half (4'/2) feet level,
DBH will be defined as the sum of each individual trunk measured at four and one-half (4'/2) feet above
ground level, or the single trunk at its most narrow dimension, whichever is greater.
Directional Antenna. Any antenna which incorporates a reflective surface that is designed to transmit or
receive microwave signals from terrestrial or orbitally bases uses.
Director of Planning and Development/Director. The person designed to receive and process plats, site
plans, amendments to this Chapter, the zoning map, or the Comprehensive Plan.
Disabled Persons. Persons whose ability to care for himself, perform manual tasks, learn, work, walk, see,
hear, speak or breathe is substantially limited because the person has:
A.
Orthopedic,visual s eech or hearin imairments•
speech,g impairments;
�
G
Multiple sclerosis;
t
H.
Cancer;
1
B.
_
Alzheimer's disease;
I.
Heart disease;
C.
Pre -senile dementia;
J.
Diabetes;
D.
Cerebral palsy;
K.
Mental retardation;
E.
Epilepsy;
L.
Autism; or
F.
I
Muscular dystrophy;
M.
Emotional illness
Disc Antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured and
is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit or receive
radio or electromagnetic waves between terrestrially or orbitally based uses. This definition includes, but is
not limited to, satellite earth stations and microwave antennas.
Distribution Center/Warehouse, General. A facility where goods or products that are manufactured or
assembled off-site are received and stored in bulk, and are then distributed to customers.
District. An area, region, or section with a distinguishing character, or the regulations governing the height,
area, use and design of the land and buildings.
Disturbed Area. An area of land subjected to erosion due to the removal of vegetative cover and/or
earthmoving activities, including but not limited to filling.
Door. A hinged, sliding or folding barrier for providing access to a building, structure or room.
Door, False. A device that resembles a door, but does not provide access to a building, structure or room.
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 cooking and dining facilities designed to service the entire residency of the dormitory.
Double Frontage Lot. See "Lot, Double Frontage."
Drainage Area/Basin. The land area upon which all rainfall that falls on that area is directed towards or
flows to a given point or stream.
Drainage Facilities/Systems. Physical provisions to accommodate and regulate stormwater runoff to
preclude excessive erosion and sedimentation and to control and regulate the rate of flow.
Facilities/systems can include natural features and conduits, channels, ditches, swales, pipes, detention
devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater.
Drip Line. A vertical line run through the outermost portion of the canopy of a tree and extended to the
ground.
Drive -Through Use. A facility or structure that is designed to allow drivers to remain in their vehicles before
and during an activity on the site. Drive-through facilities are a type of site development that is usually found
in conjunction with a quick vehicle servicing use or other retail sales and service use. Examples include,
but are not limited to, drive-through windows, menu boards, gas pump islands, car wash facilities, and quick
lube or quick oil change facilities.
Driving Surface. A paved access capable of supporting up to forty-four thousand (44,000) lbs. gross
vehicle weight. Surface to be of minimum width as required by this Chapter. Width shall be increased on
turns where necessary to ensure fire apparatus remain on a paved surface during travel.
Duplex. See "Dwelling, Duplex."
Dwelling/Dwelling Unit: A structure or portion thereof that provides living, sleeping, eating, cooking, 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 shall have direct access to a street or alley; and
5. Each dwelling shall 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 kitchen and sanitary facilities within the same unit.
Easement. A grant of the right to use a strip of land for specific purposes.
Easement, Access. An easement created for the purpose of providing vehicular, pedestrian, or bicycling
access to or between properties.
Easement, Maintenance. An area of a parcel of land free of structures reserved to an adjacent parcel of
land to allow access to repair and maintain a structure, facility, or conservation area located on the adjacent
parcel.
Ecological Impact. A modification or change in the existing natural environment that could result in the
disruption or loss of wildlife habitat, vegetation, air quality, soil and water quality, and resources, or an
increase in ambient noise levels.
Ecosystem. An interacting system formed by a biotic community and its physical environment.
Effluent. Sewage water or other liquid, partially or completely treated or in its natural state, flowing out of
any component of an individual sewage disposal system or flowing over the ground's surface or beneath
the ground in groundwater.
Elderly Housing. A structure licensed by the Texas Department of Aging and Disability, eighty (80) percent
of whose occupants are fifty-five (55) years of age and older, and that; meets the definition of one (1) of the
three (3) uses listed below:
Elderly Housing, Assisted Living: Services in these establishments include assistance with daily
activities, such as dressing, grooming, bathing, etc.
Elderly Housing, Congregate Care Facility: A facility for long-term residence generally for persons
fifty-five (55) years of age or older, and which shall include, without limitation, common dining, social
and recreational features, special safety and convenience features designed for the needs of the
elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets,
appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of
social services for residents which shall include at least two (2) of the following: meals services,
transportation, housekeeping, linen, and organized social activities.
Elderly Housing, Life Care Housing and Services: A residential complex, which may contain multi-
family dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures
designed for and principally occupied by senior citizens. Such facilities will include one of the following:
A congregate meals program in a common dining area, assisted living housing, nursing home facilities,
congregate care facilities, or medical facilities.
Elementary School.' u A public, private or charter school established for grades 1 through 5 but may also
include a kindergarten.
Endangered Species. A species of animal or plant is considered to be endangered when its prospects for
survival and reproduction are in immediate jeopardy from one or more causes as defined in the Endangered
Species Act.
End Stage Renal Disease Facility (Dialysis): see the pmxg Administrative Code '1 iti 25,,Part 1 � Ch pt�r
117, Subchapter A, Rule 117.2 Definitions, as amended. See also Medical Clinics.
Environment. The physical condition which exists within the area that will be affected by a proposed
development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic
significance.
Environment, Natural. This environment is characterized by severe biophysical limitations, presence of
some unique or natural or cultural features intolerant of intensive human use, or its value is retained only
in its natural condition. Management objectives are oriented toward preserving unique features, restricting
activities that may degrade the actual or potential value of this environment, and severely restricting
development in hazardous areas.
Environmental Scientists. Professionals, which are required for the environmental analysis and plan
required by this Chapter, with training or direct experience in areas such as: environmental planning,
physical geography, environmental geography or hydrology, ecology, botany, soil sciences, or natural
resources.
Environmentally sensitive area. An area identified on the official map for environmentally sensitive areas
that contains Floodway, Developed Floodplain, Undeveloped Floodplain, Riparian Buffers, Water Related
Habitat, or Upland Habitat.
Environmentally Sensitive Areas Map. The official map that identifies areas identified as environmentally
sensitive areas.
EPA. Environmental Protection Agency.
Ephemeral Stream. Stream that has flowing water only during and shortly after precipitation events in a
typical year. These streams are located above the water table year round. Runoff from rainfall, not
groundwater, is the primary source of water for stream flow.
Equal Conveyance Principle. An area of the cross-section of a stream, in its existing condition, carrying
a percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling
of the flood plain occurs, without any rise in the one hundred (100) year floodplain elevation.
Equestrian Facilities. A structure or area for horseback riding activities including boarding, training,
lessons, and shows.
Erosion. The detachment and movement of soil or rock fragments, or the wearing away of the land surface
by water, wind, ice, or gravity, caused either by natural or human created conditions.
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another
person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a
striptease for another person.
Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish
escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Estate Lot. A lot that is at least one (1) acre in size with the purpose of being developed with a single-
family detached dwelling as the primary use.
Exaction Variance. A variance granted on the basis of a finding that the imposition of the regulations(s)
exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the
tract to be platted.
Excavation. The mechanical or physical act to cut, dig, or scoop soil.
Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid,
liquid, or gaseous state from its naturally occurring location; the initial step in use of a natural resource;
examples include: petroleum and natural gas wells, shale and coal mines, gravel pits, and timber cutting.
Extractive Industry. A use involving on-site extraction of surface or sub -surface mineral products or natural
resources. Typical uses may be quarries, borrow pits, sand and gravel operations, mining, and soil mining.
Specifically excluded from this use is grading and removal of soil associated with an approved site plan or
subdivision or excavation associated with, and for the improvement of, a bonafide agricultural use.
Extraterritorial Jurisdiction. The unincorporated area outside of and contiguous to the corporate
boundaries of the City as defined and established in accordance with Chapter 42 of the Texas Local
Government Code.
Fabricating. The process of assembling using standardized parts.
Facade. That portion of any exterior elevation on the building extending from grade to top of the parapet,
wall, or eaves and the entire width of the building elevation.
Facade Articulation. A method or manner of jointing that makes the united parts clear, distinct, and precise
in relation to each other. For example, when a brick clad section meets up with a glass curtain wall, a
variation in plane is generally needed to avoid the fagade appearing too flat.
Fair Grounds. An area of land use including, but not limited to: agricultural related office building, exhibition
of livestock and farm products, animal shows and judging, carnivals, circuses, community meeting or
recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales, auctions,
and storage.
Family: One or more persons related by blood, marriage or legal adoption.
FAR. See Floor -Area -Ratio.
Farm Stand. An accessory use, building, or structure used for the retail sale of fresh fruits, vegetables,
flowers, herbs, or plants, home -processed food stuffs and products such as jams, honey, pickled products,
sauces, baked goods, and homemade crafts/art made on the site. No commercially packed handicrafts or
commercially processed or packaged foodstuffs shall be sold at a farm stand.
Farmer's Market: The seasonal selling or offering for sale at retail directly to the consumer of fresh fruits,
vegetables, flowers, herbs, or plants, processed food stuffs and products such as jams, honey, pickled
products, sauces, baked goods, crafts, and art, clothing and other goods, occurring in a pre -designated
area, where the vendors are generally individuals who have raised the produce or have taken the same or
other goods on consignment for retail sales.
Fast Food Restaurant. A restaurant serving food from an ordering counter or from a drive-through facility.
Feedlot. A lot, corral, yard, or other area in which livestock are confined, primarily for the purposes of
feeding and growth prior to slaughter. The term shall not include areas which are used for raising crops or
other vegetation or upon which livestock are allowed to graze, nor shall it allow the slaughter of said animals
and livestock on premises.
Fees in Lieu of. Allowing, at the developer's option, the payment of the developer's share of the cost of
constructing a required public improvement instead of requiring the actual construction at the time of Plat
approval.
FEMA. Federal Emergency Management Agency.
Fence. A vertical device used as a boundary or means of providing protection, confinement or privacy.
Fence, perimeter. An enclosure used as a boundary or means of providing protection, confinement or
privacy and is located along the limits of the developed area and is adjacent to an alley, or rights-of-way.
Field or Construction Office. A temporary modular building located at a construction site which serves
only as an office until the given construction work is completed.
Filling. The depositing on land, whether submerged or not, of gravel, earth, or other natural materials in
any combination.
Fire Code. The most recently adopted International Fire Code as published by the International Code
Congress,
Fire Lane. A fire apparatus access roadway, on private property or within a public right-of-way, which
provides unobstructed passage for the Fire Department apparatus responding to or engaged in emergency
fire and rescue operations.
Flatwork. Any impervious area constructed at grade, such as driveways and walkways.
Flea Market. An outdoor market for selling secondhand articles or antiques.
Floodplain. An area identified by the Federal Emergency Management Agency as possibly being flood -
prone, or below the immediate flood line (one hundred (100) year floodplain).
Flood Fringe. The area located within the floodplain and outside the floodway.
Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the Federal Insurance
Administration, where special flood hazard areas have been designated.
Flood Insurance Rate Map (FIRM). An official community map showing special flood hazard areas and
the risk premium zones applicable to the community as issued by the Federal Insurance Administration.
Flood Insurance Study. The official Federal Insurance Administration report containing flood profiles, the
water surface elevation of the base flood and the flood hazard boundary map.
Floodway. Area regulated by federal, state, or local requirements to provide for discharge for the base
flow, so that the cumulative increase in water surface elevation is no more than a designated amount within
the one hundred (100) year floodplain. A river, channel or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Normally, the floodway will include the stream channel and that
portion of the adjacent land areas required to pass the base flood (one hundred (100) year flood) discharge
without cumulatively increasing the water surface elevation at any point more than one (1) foot above that
of the prefloodway condition, including those designated on the flood insurance rate map.
Floor Area. The floor area is the gross horizontal area of the one or more floors of a structure, excluding
interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and
open porches. Same as Gross Leasable Floor Space.
Floor Area Ratio (FAR). The ratio which is the result of dividing the total floor area of a structure by the
area of the lot on which it is located. For example, a structure with a floor area of twenty thousand (20,000)
square feet, located on a lot of forty thousand (40,000) square feet has a floor area ratio (FAR) of five tenths
(0.5).
Food Processing Facilities. Industrial operations in which raw food is made suitable for consumption,
cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other
animals, hog farms, and egg farms.
Footprint. The horizontal area as seen in a site plan, measured from outside of all exterior walls and
supporting columns. It includes residences, garages, covered carports, accessory structures, all other
structural uses both primary and accessory to that district, but not trellises, patios, and areas of porch, deck,
and balcony less than thirty (30) inches from finished grade.
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.
Freeboard. The vertical distance between the design water surface level and the top of an open conduit
left to allow for wave action, floating debris or any other condition or emergency without overtopping the
structure.
FreestandingEmergency Medical Care Facility: See the Texas Administrative Code Title 23 Bart 1
Egg � ", '1,,, S ubc�u to Rule 131.2 I efinktio g, as amended. See also Medical Clinics.
Frequency. Number of complete oscillations or cycles per unit of time. The unit of frequency often used is
the Hertz (Hz).
Front Yard. See "Yard, Front."
Frontage. That side of a lot, parcel or tract abutting a street right-of-way.
Garage, Private or Public. A structure for the use of the owner or occupant of a principle structure for the
storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
Gas Stations. A facility that provides retail sales to the public of gasoline, motor oil, automobile lubricants,
motor fuels, travel aids, and minor automobile accessories.
Gated Community. A subdivision or housing development with two (2) or more dwellings with private
streets controlled through the use of a vehicular or pedestrian gate.
General Business. Commercial uses providing a wide range of retail goods and services to meet the needs
of a large segment of the community.
Grade.
A. The inclination or slope of a conduit, channel or natural ground surface, usually expressed in the
percentage of units of vertical rise or fall per unit of horizontal distance;
B. The elevation of the invert at the bottom of a conduit, canal, culvert, sewer, etc.; or
C. The finished surface of a canal bed, roadbed, top of an embankment or bottom of excavation.
Grade, Existing. The vertical elevation of the ground surface prior to excavation or filling; the surface of
the ground or pavement at a stated location as it exists prior to disturbance in preparation for a development
regulated by this Chapter; or, the vertical elevation of a site which is currently developed and built upon.
Grade, Ground Level. The average of the finished ground level at the center of all walls of the structure.
In case a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the
sidewalk.
Grade, Natural. The existing grade or elevation of the ground surface that exists in its unaltered state
Grade, Percentage of. The rise or fall of a slope in feet and tenths of a foot for each one hundred (100)
feet of horizontal difference.
Grade Separation. The physical development of structures or intersections that separate motor vehicle
from motor vehicles; motor vehicles, pedestrians, and bicyclists from trains and other transit; motor vehicles
from pedestrians and bicyclists; as well as pedestrians from bicyclists.
Grading. The mechanical or physical act of disturbing, moving, removing, transferring, or redistributing soil.
Gross Leasable Floor Space. The gross horizontal floor area of the one or more floors of a structure,
excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic,
patios and open porches. Same as Floor Area.
Ground Cover. Low growing plants, vines, or grasses that form dense, extensive growth, and have a
positive effect against soil erosion and soil moisture loss. Permeable natural landscape materials, such as
mulch and rock, are also considered ground cover to the extent they are used in combination with live plant
materials.
Ground Coverage. The area of a lot occupied by all structures and parking expressed as a percentage of
the gross area of the lot. Driveways are not included in the percent coverage but parking pads or areas,
porches, decks, patios, pools, tennis courts, sheds, walkways and other accessory uses shall be included.
Group Homes for Disabled Persons. A shared residential living arrangement which provides a family -
type environment for six (6) or more handicapped persons supervised by one or more primary caregivers
and has obtained a license to operate under the Personal Care Facilities Licensing Act. Tex. Health &
Safety Code § 247.001 et.seq. A Group Home for Disabled Persons does not include Community Homes
for Disabled Persons.
Group Home. A profit or nonprofit facility, home, or structure for the protective care of persons, both adult
and adolescent, who need a watchful environment, but do not have an illness, injury, or disability which
requires chronic or convalescent care, including medical and nursing services. Protective care and watchful
oversight includes, but is not limited to, a daily awareness by management of the residents' whereabouts,
the asking and reminding of residents of their appointments for medical checkups, the ability and readiness
of management to intervene if a crisis arises for a resident, and supervision by management in areas of
nutrition, medication, and actual provision of transient medical care, with a twenty-four (24) -hour
responsibility for the well-being of residents of the facility. Personal care facilities are exempt from the
definition of a family and shall be classified in one of the following ways:
A. Individual. One (1) to three (3) clients, plus manager.
B. Family. Four (4) to six (6) clients, plus manager.
C. Group. Seven (7) to fifteen (15) clients, plus manager.
D. Congregate. Sixteen (16) or more clients, plus manager.
Grubbing. The mechanical or physical act of removing stumps, underbrush, and rocks, prior to clearing
and grading. Grubbing does not allow for any grade changes, only vegetation removal down to bare soil. A
Tree Removal Permit is required for all trees with a three (3) -inch or greater diameter, measured at four
and a half (4.5) feet above natural grade.
Guest Quarters. An attached or detached building that provides living quarters for guests, servants, or a
related family member, which is considered an accessory use, and which is clearly subordinate and
incidental to the principal residence on the same lot; and is not rented or leased.
Habitat. The physical location or type of environment in which an organism or biological population lives or
occurs.
Handicap. A physical or mental impairment which substantially limits one or more of such person's major
life activities, a record of having such an impairment or being regarded as having such an impairment, but
such term does not include current, illegal use of or addition to a controlled substance as defined by Chapter
481 of the Texas Health & Safety Code.
Hazardous Materials or Waste. A substance classified as a hazardous material under state or federal law
or a chemical, petroleum product, gas, or other substance that if discharged or released, is likely to create
an imminent danger to individuals, property or the environment. A hazardous material includes, but is not
limited to any one of the following, as defined by 40 C.F.R 173, or, with respect to hazardous waste, listed
as a substance subject to 40 C.F.R. 262: Radioactive material; Explosives, Class A; Explosives, Class B;
Poison A; Poison B; Flammable gas; Nonflammable gas; Flammable liquid; Oxidizer; Flammable solid;
Corrosive material; Combustible liquid; Etiologic agent; other regulated material (ORM); or, Hazardous
waste.
Heavy Manufacturing. Industrial operations for the production of a good using raw materials and
mechanical power and machinery.
Height. The vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard roofs;
and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from
the curb level if the building is not more than ten (10) feet from the front property line or from the grade in
all other cases. Except as otherwise specified, the height of a structure other than a building is the vertical
distance from the average grade at the base of the structure to the highest point of the structure.
Hertz. Unit of frequency equal to one (1) cycle per second.
High School. 10 A public, private or charter school established for grades 9-12 or 10-12.
Home Occupation. An occupation commonly carried on within a dwelling by members of the family
occupying the dwelling. The use of the home as an occupation shall be incidental and subordinate to the
use of the home as a dwelling.
Homeowners Association. A homeowners association is an organization formed for the maintenance and
operation of the common areas of the development. The membership in the association must be automatic
with the purchase of a dwelling unit or other property in the planned development. The association's
principal source of funds shall be an assessment levied against each dwelling unit or other property, which
assessment shall be enforceable as a lien against the property.
Horticulture. The cultivation of row crops, a garden, or an orchard for noncommercial purposes.
Hospice. One (1) main building, or portion, one (1) zoning lot in which terminally ill persons live in order to
receive appropriate Medicare -certified hospice services.
......._. 26 Part 1 11 trt r 1 �_ ubchapte ,_ C ule
Hospital, General. See the Texas Administrative CodeTitle.?
133.2 Definitions, as amended. See also Hospital Services.
Hospital Services. An institution providing primary health services, psychiatric services, and medical or
surgical care to persons primarily on an inpatient basis. This use differs from medical clinics in that it may
require stays for longer than 24 hours. Includes the following land uses: birthing center; general hospital;
private psychiatric hospital; niche hospital; special hospital, and trauma facilities.
Hotel. A facility offering transient lodging accommodations to the general public at a daily rate for a period
of time not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting
rooms, and recreational facilities. Guest quarters are accessible through a main entrance and by hallways.
Hotel/Motel, Extended Stay. A facility offering transient lodging rooms and/or suites to the general public,
including lodging quarters for corporations and businesses, intended to be used, or which are used, rented,
or hired out to be occupied or which are occupied for sleeping purposes for guests, may contain up to two
(2) bedrooms, contain kitchen facilities for food preparation including, but not limited to, refrigerators,
stoves, and ovens, and which may also include living areas, and which are furnished to the public for periods
of one (1) week or more.
Hydrograph. A graph showing stage, flow, velocity or other property of water versus time at a given point
on a stream or conduit.
Impact Fee. A fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or partial
reimbursement for the total or partial cost of providing additional facilities or services needed as a result of
new development.
Impairment, Physical or Mental.
A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one
or more of the following body systems; neurological; musculoskeletal; special sense organs;
respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and endocrine; or
B. Any mental or psychological disorder such as mental retardation, organic brain syndrome,
emotional or mental illness and specific learning disabilities.
C. The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech
dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, mental retardation, emotional illness, drug addition (other than drug addition
caused by illegal use of a controlled substance).
Impervious. Any hard -surface, man-made area that does not readily absorb or retain water, including but
not limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved
recreation areas, and other surfaces that do not generally absorb water and are not considered by the City
to be pervious surfaces.
Impervious Surface. A surface that has been compacted or covered with a layer of material so that it is
highly resistant to infiltration by water.
Imported Fill. The mechanical or physical act of bringing soil in from offsite. When stockpiling imported fill,
it shall occur on private property only.
Improvement (Public or Private). Any physical man-made addition which becomes part of, is placed upon,
or is affixed to any real property, or any part of such addition, including, but not limited to, any building,
structure, bridge, work of art, parking facility, public facility, fence, gate, wall, streets and all related
appurtenances, utilities, pedestrian ways, bikeways, equestrian trails, landscaping or irrigation, whether
involving the subdivision of land or not.
Indoor Recreation. Indoor commercial uses which by their nature are recreational. Examples include
bowling alleys, skating rinks, health clubs, racquetball or squash courts, indoor swimming pools, video
arcades, pool halls, etc.
Industrial, or Industrial Use. An activity related to the manufacture, warehousing, shipping, production or
storage of products to be transported elsewhere for retail sale.
Infill. Development or redevelopment of land that has been bypassed, remained vacant, and/or is
underused as a result of the continuing urban development process and where eighty (80) percent of the
land is within a five hundred (500) -foot radius of the site has been developed. Annexed areas on the
periphery of the City limits are not considered infill sites. Generally, these sites are readily accessible to
infrastructure services and facilities.
Infill Development. Development on a vacant parcel or groupings of vacant lots within an existing block
surrounded by existing development that is contiguous on at least two (2) sides for corner lots and
contiguous on at least three (3) sides for interior lots (existing development located directly in front on the
other side of the street may count as a side for interior lots only), no greater than two (2) acres in size, and
is served with all or most public services and facilities, including but not limited to water, wastewater and
drainage.
Infrastructure. The provision of systems that provide transportation, water, waste water, solid waste, storm
water drainage, electrical and franchise facilities typically required to service development.
Inlet. An opening into a storm drain system for the entrance of surface storm runoff.
Inoperative Vehicle. Any motorized vehicle incapable of immediately being driven.
Institution. An establishment that:
A. Furnishes, in one or more facilities, food and shelter to four (4) or more persons who are unrelated
to the proprietor of the establishment; and
B. Provides minor treatment under the direction and supervision of a physician licensed by the Texas
State Board of Medical Examiners, or other services that meet some need beyond the basic
provision of food, shelter, and laundry; or
C. A foster care residential facility that provides room and board to fewer than five (5) persons who:
1. Are not related within the second degree of consanguinity or affinity, as determined under
Chapter 573, Government Code, to the proprietor; and
2. Because of their physical or mental limitation, or both, require a level of care and services
suitable to their needs that contributes to their health, comfort, and welfare.
Institutional Use. A non-profit or quasi -public use, such as a religious institution, library, public or private
school, hospital services, or government-owned or government -operated structure or land used for public
purpose.
Installation. In reference to manufactured housing, means the construction of the foundation systems,
whether temporary or permanent, and the placement and erection of a HUD -Code Manufactured Home or
HUD -Code Manufactured Home components on the foundation system and includes supporting, blocking,
leveling, securing, anchoring, and proper connection of multiple or expandable sections or components,
and minor adjustments.
Intermediate Care Facilities. A convalescent home or other recuperative facility for use by persons
subsequent to hospital confinement, who are not yet ready to resume home life.
Intermittent Stream. A stream that has flowing water during certain times of the year, when groundwater
provides water for stream flow. Intermittent streams may not have flowing water during dry periods. Runoff
from rainfall is a supplemental source of water for stream flow.
Inverted Crown Section. A street cross section usually reserved for alleys in which the center of the street
is lower than the edges so that drainage is carried down the center of the street.
Irrigation, Underground. A permanent, artificial watering system designed to transport water and distribute
water to plants.
Junkyard. A business that stores, buys, or sells materials that have been discarded or sold at a nominal
price by a previous owner and that keeps all or part of the materials outdoors until disposing of them.
Kennels. Facility for the boarding (overnight) of domestic animals, usually limited to dogs and cats.
Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a
kennel activity.
Land Disturbing Activity. Alteration of the land surface by:
A. Any grading, scraping, excavating, dredging, transporting or filling of land;
B. Any clearing of vegetation;
C. Any construction, rebuilding, or alteration of a building, road, driveway, parking area, or other
structure, not including routine maintenance such as painting, repair, or reconstruction of existing
structures or surfaces;
D. Any substantial activity or use which may result in soil erosion from water or wind and the
movement of sediments into waters or lands protected by this Chapter; and,
E. It shall not include activities such as ordinary maintenance and landscaping operations, individual
home gardens, repairs, additions or minor modifications of an existing single-family dwelling, and
the cutting of firewood for personal use.
Land Use Plan. The Land Use Element of The Denton Plan, as may be amended and including The Land
Use Plan and Future Zoning Map.
Landscape Area. See "Landscaping."
Landscaping. A planted area containing trees, shrubs, and groundcovers providing a transition between
structures on a site and the property line, adjacent structures, or street rights-of-way.
Lane. A driving surface with a width as specified in the street design standards for that class of street.
Laundry Facilities. A commercial laundering establishment which cleans clothing, carpeting, drapes, and
other cloth or synthetic fiber materials using a chemical process. Such establishments may also include
self-service laundering facilities.
License. Written license issued by the City Council, permitting a person to operate and maintain a HUD -
Code Manufactured Home Park under the provisions of this Chapter.
Light Manufacturing. Industrial operations relying on the assembly of products using parts previously
developed from raw material and not classified as a point source of objectionable pollutants.
Limits of Construction. Delineation on a graphic exhibit, which shows the boundary of the area within
which all construction activity will occur.
Live -Work Units. Allows twenty-five (25) percent of floor area to be used as work space, subject to home
occupation limitations.
Livestock. Facilities for the raising, breeding, or maintenance of domestic animals including, but not limited
to cattle, horses, sheep, swine, goats, and poultry. This definition does not include feed lots or similar uses.
Loading Space, Off-street. Space logically and conveniently located for bulk pickups and deliveries, and
scaled to delivery vehicles expected to be used.
Local Drainage System. Any drainage facility or system, which serves an area having a contributing
drainage basin of less than one (1) square mile in area.
Lot. A designated parcel, tract or area of land established by a Plat or otherwise permitted by law to be
used, developed or built upon as a unit.
Lot Area. The total horizontal area within the lot lines of a lot, said area to be exclusive of street right-of-
way.
Lot Corner. A lot abutting the intersection of two (2) or more streets other than an alley.
Lot Coverage. That portion of a lot used for building, parking, vehicular and pedestrian circulation, loading
areas, and outside storage areas.
Lot Depth. The horizontal distance from the midpoint of the rear of lot line to the midpoint of the front lot
line.
Lot, Double Frontage. A lot having frontage on two (2) nonintersecting streets, as distinguished from a
corner lot. Double frontage lots are prohibited.
Lot, Flag. Any lot not having standard legal access to a City street, and which is provided with access by
a driveway parallel to the lot line of a lot having standard access.
Lot Frontage. That portion of a lot adjacent to a street.
Lot Improvement. Any building, structure, work of art or other object or improvements of land on which
they are situated, whether immediate or future, which includes but is not limited to streets, alleys, utilities,
drainage modifications, and access modifications including curb cuts. Lot improvements include off-site
work accomplished for the betterment of removed building lots.
Lot, Interior. A lot other than a corner lot or a through lot.
Lot Line. A boundary of a lot. "Lot line" is synonymous with "property line."
Lot Line, Front. The lot line separating the lot from the street other than an alley. In the case of a corner
lot, there shall only be one (1) street line considered the front lot line. The front lot line adjoins the public or
private rights-of-way where the entrance/address is located.
Lot, Gross Area. An area under public or private property ownership, whose lot lines are described by Plat
or deed.
Lot Line, Rear. A lot line which is opposite and most distant from the front lot line, and in the case of an
irregular, triangular, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a
maximum distance from the front lot line.
Lot Line, Side. Any lot line not a front or rear lot line.
Lot of Record. An individual lot or a lot which is a part of a subdivision, the map of which has been legally
recorded in the office of the Denton County Clerk; or a parcel of land the deed of which has been recorded
in the office of the Denton County Clerk.
Lot, Reversed Corner. A corner lot, the side street line of which is substantially a continuation of the front
line of the first lot to its rear.
Lot, Through. An interior lot having frontage on two (2) parallel or approximately parallel streets other than
alleys. Through lots are prohibited.
Lot Width. The horizontal distance between the side lines, measured at right angles to the lot depth at a
point midway between the front and rear lines.
Major Event Entertainment. A structure or area with a capacity of greater than one thousand (1,000) seats
for public performances and sporting events. Major event entertainment facilities include concert halls,
stadiums, and arenas.
Major Life Activity. Includes functions such as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning and working.
Manufacture of Non -Odiferous Foods. Industrial operations for the manufacturing of non -odiferous foods.
Manufactured Home. See "Dwelling, Manufactured Home."
Manufactured Home Park or Park, HUD -Code. A parcel of land under single entity ownership which has
been separately platted for the placement of HUD -Code Manufactured Homes, accessory uses and service
facilities, meeting all requirements of this Chapter and any applicable deed restrictions and state laws.
Manufactured Home Subdivision, HUD -Code. A tract of land that is subdivided and platted for individual
ownership of HUD -Code manufactured homes.
Master Plan. Policies and plans adopted by the City Council as a guide to the systematic physical
development of the City.
Master Planned Development. A development that comprehensively incorporates a combination of
specific site design, site access, architectural, landscaping, buffering, screening and development design
standards.
Master Plan Development, Existing is defined as existing development that is the subject of platting,
infrastructure or development activity prior to the adoption of the new ordinance, and that incorporates
mixed use development in a comprehensive integrated site plan instead of on a lot -to -lot basis.
Mechanical Equipment. Equipment or devices installed for a use appurtenant to the primary use. Such
equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc
antenna, radio or TV receiving or transmitting antennas, and any power generating devices. The following
equipment or devices are exempt:
A. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet
above grade or thirty (30) feet above an existing structure, whichever height is greater. No part of
such antenna shall be within the yards required by this Chapter. A structure Permit shall be
required for any antenna mast, or tower over fifty (50) feet above grade or thirty (30) feet above
an existing structure when the same is constructed on the roof of the structure.
B. Parabolic antennas under three (3) feet in diameter.
Medical Clinic: The use of the site for the provision of medical, psychiatric, or surgical services on an
outpatient basis. These facilities can be differentiated from a medical office in that such facilities may either
be open to and operated for the general, walk-in public or require an appointment. Example: ambulatory
surgical center (ASC); end-stage renal disease facility (dialysis), outpatient services, freestanding
emergency medical care facility.
Medical Office: The use of the site for the consultation, diagnosis, therapeutic, preventative, or corrective
personal treatment by doctors, dentists, or similar practitioners of medical and healing arts for humans,
medical or dental laboratories. These facilities can be differentiated from a medical clinic in that such
facilities primarily operate on an appointment basis, are generally not open to the general walk-in public,
and offer specialized services or attention. Examples: dentist's office, or doctor's office.
Middle School.' 0 A public, private or charter school established for grades 6-8 or 6-9.
Minimum Structure Separation. A required open space between any two (2) structures on the same lot
which are used for nonresidential and multi -family residential purposes.
Minor Plat. A subdivision resulting in four (4) or fewer lots, not requiring the creation of any new street or
the extension of municipal facilities and not generating an average daily vehicular traffic (ADT) count of one
thousand (1,000) or more vehicles.
Mixed Use Development is defined as any single development that combines three (3) or more mutually
supporting land uses on a single parcel or site or within a general development plan, overlay district or
cohesive zoning plan. Land uses may be mixed vertically (within the same physical structure), or
horizontally connecting buildings (physical and functional integration of project components, including
uninterrupted pedestrian connections) on the same lot and/or under unified control. Multi -family as a single
use cannot exceed forty (40) percent of the acreage in an NRMU-12 or NRMU zoning district, fifty (50)
percent of the acreage in an RCR-1 or RCR2 zoning district, or 30% of the acreage in an RCC -D or RCC -
N zoning district.
Motel. A structure or group of structures on the same lot containing individual guest units for rental to
transients, with separate exterior entrances, and consisting of individual sleeping quarters, detached or in
connected rows, with or without cooking facilities.
Native Vegetation. Vegetation comprised of plant species, other than noxious weeds, that are indigenous
to the Denton County and that reasonably could have been expected to naturally occur on the site.
Natural Resources. Air, land, water, and indigenous plant and animal life of an area.
Neighborhood. A sub area of the City of Denton in which the residents (or non-residential uses) share a
common identity focused around a school, park, or community business center that are generally within
walking distance of the homes or businesses, architecture, or other features with boundaries that may
include highways, railroads or such natural features as rivers. The neighborhood character shall be deemed
to be the prevailing character of structures within three hundred (300) feet in either direction along street
frontages, irrespective of intervening streets.
Niche hospital: See the Texas_Administrative p I ,Title rr Dart 1, hap 133, Subch pt r Ruk
133.2 Definitions. See also Hospital Services.
Nonconforming Use or Structure. Any structure or use of land lawful at the time of passage or
amendment of this Chapter which does not conform, after the passage or amendment of this Chapter, with
the regulations of the district in which it is located.
Non-resident Lot. A lot on which there is no dwelling or business established.
NCTCOG. North Central Texas Council of Governments.
Nude Model Studio. Any place where a person who appears in a state of nudity or displays "specified
anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by other persons who pay money or any form of consideration.
Nudity or a State of Nudity.
A. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts;
or
B. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female
genitals, or areola of the female breast.
Nursery School. See "Day Care, Nursery, Kindergarten."
Nursing Home. A home for the aged, chronically ill, or incurable persons who are unable to care for
themselves and in which three (3) or more persons not of the immediate family are kept or provided with
food and shelter or care for compensation; but not including hospitals, clinics, or other similar institutions
devoted primarily to the diagnosis and treatment of the sick or injured.
Occasional Sales. Occasional sales are the sale, or offering for sale, of tangible personal property to the
public, upon the premises of an existing residential dwelling, by the owner or lessee of the residential
dwelling. Such sales commonly include garage or yard sales.
Octave Band. A portion of the audible sound spectrum. An octave band analyzer divides the audible sound
spectrum into eight (8) octave bands.
Odor Threshold. The concentration of odorous matter in the atmosphere necessary to be perceptible to
the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D.
1931-57, Standard Method for Measuring Odor in Atmosphere.
Official Map. A map officially adopted by the governing body of City, Texas.
Official Zoning Map. A map officially adopted by the City Council that illustrates the various zoning districts
of the City of Denton, Texas.
Off-site. Located outside the boundary of a development.
One Hundred (100) Year Water Surface Elevation (100 -Yr W.S.E.). The water surface elevation
established by hydrologic/hydraulic analysis of a stream, river, creek, or tributary, using the one hundred
(100) -year fully developed watershed, based upon the one hundred (100) -year rainfall event.
On-site. Located within the boundary of a development.
Open Air Market: See "Farmer's Market."
Open Space. Any parcel or area of land or water set aside, dedicated, designated, or reserved for public
use or enjoyment of for the private use and enjoyment of owners and occupants of the land adjoining or
neighboring such open space.
Outdoor Recreation. Outdoor commercial uses which by their nature are recreational such as golf courses,
outdoor swimming pools, tennis courts, and basketball courts.
Outdoor Resale Business. A business that sells used merchandise, other than automobiles, logging
equipment, or other agricultural equipment, and stores or displays the merchandise outdoors.
Outpatient services: See the Texas, Administrative_ T , T le 8 IS E, "9 Chapter III S bch t E.A
Rale 133.2 Definitions, as amended. See also Medical Clinics.
Outside Display. The outdoor display of objects, items, products, or other merchandise for immediate sale,
rental or special order.
Outside Storage. The storage of objects, items, products or materials outside an enclosed building, and
not intended for immediate sale.
Overdoor. An ornamental painting, carving, or section of woodwork directly above a doorway.
Owner. The owner of a tract of land as recorded in the Denton County Deed Records. An owner may
include: a person, firm, corporation, partnership or agent, attorney-in-fact, manager or Director, or
developer. Such term as used in this Chapter always includes one or more of the persons enumerated in
this section who own all or any part of the land which is contemplated to be developed.
Pad Site. A plot of land reserved for buildings located along any street frontage, usually a division of a
larger development. Pad sites shall accommodate buildings five thousand (5,000) square feet of gross floor
area or more.
Park or Recreation, Public. The real property and improvements thereon owned, operated, or maintained
by the City, university, or other public entity, which are designed or used for recreational purposes and are
available to the general public. The recreational purposes includes, but is not limited to public suviTTII-ring
pools, golf courses, tennis courts, stadiums, and recreational centers.
Park or Recreation, Private. A noncommercial, not for profit facility designed to serve the open space and
recreation needs of the residents of a development.
Parking Space. A rectangle not less than eighteen (18) feet long and nine (9) feet wide together with
access and maneuvering space sufficient to permit a standard automobile to be parked within the rectangle
without the necessity of moving other vehicles, said rectangle to be located off of the street right-of-way.
Parking, Street; Off -Street, HUD -Code Manufactured Home Park. A parking space located within the
boundary of a HUD -Code Manufactured Home space, or in common parking and storage area having
unobstructed access to an internal street or access way, and as depicted on the site plan.
Parking Tandem. Parking spaces that are arranged one behind another. Each parking space shall meet
the dimension requirements of a full-size car on a one-way aisle. Tandem parking is allowed in drive-
through lanes.
Particulate Matter. Finely divided solid or liquid matter, other than water, which is released into the
atmosphere.
Paved. A paved surface shall be in accordance with City codes and Chapters relative to approved surfaces
or as specified.
Peak Particle Velocity. Unit of measurement that identifies, in inches per seconds, how fast the ground
moves.
Pedestrian Oriented District. All property within a Neighborhood Residential zoning district or Central
Business District.
Pedestrian Path. A graded, cleared way for individuals who travel on foot. When located along any
improved street or parking area, these paths shall be adjacent to the curb at curb level.
Pedestrian Way. A right-of-way for pedestrian traffic.
Perennial Stream. A stream with flowing water year-round during a typical year. The water table is located
above the stream bed for most of the year. Ground water is the primary source of water from stream flow.
Runoff from rainfall is a supplemental source of water for stream flow.
Permitted Use. That use of a lot which is among the uses allowed as a matter of right, and subject to the
restrictions of the zoning district.
Person. An individual, firm, partnership, proprietorship, association, corporation, estate, receiver,
syndicate, branch of government, social or fraternal organization, or any other group or combination acting
as a legal entity, and including any trustee, assignee, or other representative.
Pilot Channel. A concrete channel section used to convey normal low flows, fix the location of the flow line
of a channel, minimize erosion and provide access for maintenance.
Planning Staff. The staff of the City of Denton Planning and Development Department.
Planning and Zoning Commission/Commission. The City of Denton Planning and Zoning Commission,
referred to as "Commission."
Planting Area. An outdoor area, the surface of which shall not be covered by impervious surface materials
or structures, and devoted entirely to the planting or maintenance or plant materials, except as otherwise
allowed by this Chapter, such as walls, fences, plazas, landscape architectural features such as gazebos,
pergolas, arbors, fountains, or sculpture. Landscape architectural features shall not include tennis courts,
basketball courts or other pervious recreational facilities.
Plants, Plant Material. Live plant material, including grasses, annuals, perennials, bulbs, groundcover,
shrubs, and trees, are botanical plants that are nourished through the processes of air, water, and soil
nutrients. Plastic, fibrous, silk, or other non -live materials, are not considered live plant materials.
Plat or Final Plat. A map of a subdivision, addition or development to be recorded in the County Clerk Plat
Records after approval by the Planning and Zoning Commission or the Development Review Committee.
Pole Mounted Antenna. Any antenna which is preassembled off-site and designed to be moved from site
to site.
Preliminary Plat. A map showing the salient features of a proposed development as required by this
Chapter submitted for the purpose of preliminary consideration prior to the submission of a Final Plat.
Printing/Publishing. An establishment where printed material is produced, reproduced and/or copied by
either a printing press, photographic reproduction techniques, or other similar techniques. This use does
not include copy shops.
Private Access Drive. A drive serving as the exclusive access for not more than two (2) landlocked parcels
of land, which is not owned or maintained by City. Private easements cannot be used to meet the right-of-
way requirement.
Private Club. A group of people associated with or formally organized for a common purpose, interest or
pleasure, including organizations with facilities for the storage, sale, possession, or serving of any alcoholic
beverage permitted by the law of the State of Texas and where none of such facilities are available except
to a member or their guests.
Private Street. A street which serves several lots over which the general public has no right of use as
opposed to a driveway which is meant to serve one (1) lot.
Private Utility Provider. The owner of a wire network (i.e. cable, electric, or telephone company) utilized
in connecting the various cell sites to telephone switching offices, long distance providers or the public
switched telephone network.
Private Way. A private easement or ownership established by deed for vehicular access to property.
Professional Services and Offices. Offices used for the conduct of business-related activities, excluding
the sale of merchandise or storing of merchandise on the premises.
Project. A specific development on an identifiable parcel of land.
Project improvements. Site improvements and facilities that are planned and designed to provide for a
particular development project and that are necessary for the use and convenience of the occupants or
users of the project.
Project site. That portion of any lot, parcel, tract, or combination thereof that encompasses all phases of
the total project proposal.
Protective Fencing. Temporary chain link fence, wire fence, orange vinyl construction fence, snow fencing
or other similar fencing with a minimum four (4) -foot height.
Public Improvement. Any street, alley, utility, drainage facility or other facility or improvement of land
designed and intended to be dedicated, conveyed, or owned by the public.
Public Street. A street which is owned or maintained by City.
Public Utilities. For the purposes of tree preservation provisions of the Denton Development Code, the
term Public Utilities means:
A. Entities franchised by the City to use public rights-of-way for the conduct of their business;
B. Entities that are "public utilities" under pertinent provisions of the Texas Utilities Code or Texas
Water Code but are specifically exempted by state law from the requirement that they receive a
franchise from the City for the use of public rights-of-way;
C. Public sanitary sewers;
D. Public water mains;
E. Public streets;
F. Public storm sewers;
G. Public detention ponds;
H. Municipally -owned electric utilities; and
I. Any contractor hired by these entities.
Qualified Professional. For the purposes of tree preservation provisions of the Denton Development
Code, a qualified professional is a person with a minimum of a Bachelor of Science Degree in any of the
following disciplines: Forestry, Horticulture, Botany and/or Plant/Soil Science or, an Arborist that has been
certified by the International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas
Master Certified Nursery Professional certified by the Texas Nursery and Landscape Association or a
Licensed Landscape Architect.
Quick Vehicle Servicing. A business providing service to the motoring public. Such uses can include
gasoline sales, light repair, tune-ups, oil changes, transmission or drive train repairs to automobiles or light
trucks. No outside storage of any automobiles or materials such as tires, auto parts, etc., is allowable. The
sale of motor vehicles shall be prohibited.
Rear Yard. See "Yard, Rear."
Recreational Vehicle. A motorized vehicle, designed or maintained for use as a temporary dwelling or
sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or
jacks.
Recreational Vehicle Park. A parcel of land which is used solely for the rental or lease of lots for transient
campers, trailers, motor homes, or temporary parking of any other recreational vehicle that is not a mobile
home or HUD -code manufactured home.
Recycling Business. A business that is primarily engaged in:
A. Converting ferrous or nonferrous metals or other materials into raw material products having
prepared grades and having an existing or potential economic value;
B. Using raw material products of that kind in the production of new products; or
C. Obtaining or storing ferrous or nonferrous metals or other materials for a purpose described by
Paragraph A or B.
Replat. A change in a map of an approved or recorded Subdivision Plat if such change affects any street
layout on such map or area reserved thereon for public use or any lot line or if it affects any map or plan
legally recorded prior to the adoption of any regulations controlling subdivisions.
Residential District. A one -family, two-family, or multi -family zoning district, or any area within a planned
development zoning district which is designated for residential use, as shown on the approved site plan for
the district.
Residential Use. A one -family, two-family, or multi -family dwelling, trailer camp, mobile home, or HUD -
code manufactured home park or development.
Restaurant. A structure that prepares and serves food to customers, including sit down, fast food, drive-
through, and drive-in facilities.
Restaurant, Brewpub: A Restaurant use that also manufactures alcoholic beverages as an accessory
use, primarily for onsite consumption and/or retail sales.
Retail Sales and Service. A business established for the sale of goods or services to consumers, usually
in small quantities (as opposed to wholesale) and does not include wholesale goods or services.
Right-of-way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another
Specific Use. The usage of the term "right-of-way" for land platting purposes means that every right-of-way
established and as shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining
such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving
maintenance by a public agency shall be dedicated to public use by the maker of the Plat on which such
right-of-way is established.
Riparian. An area adjacent to a river, stream or other natural course of water.
Riparian Buffers. Areas identified as one hundred (100) feet from the stream centerline for streams
draining a basin of greater than one (1) square mile, and fifty (50) feet from any streams that drain areas of
one (1) square mile or less. It also includes any areas identified as riparian through any Army Corps of
Engineers Section 404 Permit Process.
Root Pruning. Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning
shall be in accordance with approved methods set forth in the National Arborist Association Standards.
Sales of Products Grown On-site. Roadside stands or other temporary structures constructed for the sale
of agricultural or horticultural products raised substantially on the premises.
Salvage Yard. Any lot or parcel of land on which wastes or used secondhand materials are bought, sold,
exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other
ferrous metals, paper; rags, rubber tires, bottles, discarded goods, machinery, or two (2) or more inoperable
motor vehicles.
Sanitary Landfills. A system of trash and garbage disposal in which the waste is buried between layers of
earth.
Satellite Earth Stations. Are considered to be accessory structures and are defined as a combination of:
A. An antenna or dish antenna whose purpose is to receive communication or other signals from
orbiting satellites and other extraterrestrial sources;
B. A low -noise amplifier (LNA) which is situated at the focal point of the receiving component and
whose purpose is to magnify and transfer signals;
C. A coaxial cable whose purpose is to carry the signals into the interior of the structure; and,
D. The station must be located to the side or rear of the structure unless a usable satellite signal
cannot be obtained; in which case, the property owner may request a variance from the
requirement through the Board of Adjustments. Ground -mounted stations shall be no more than
ten (10) feet above the maximum height requirement of the district in which they are located.
Scrap Metal Processor. One who, from a fixed location, utilizes machinery and equipment for processing
and manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product
is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes.
Screening. A method of visually shielding or obscuring land -uses or structures via fencing, opaque buffer,
or some other opaque physical barrier.
Section 404 Permit. A Permit required under federal Clean Water Act provisions.
Self -Service Storage. A structure or portion used for dead storage, mainly of the excess personal property
of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals.
Semi -Nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areola
of the female breast, as well as portions of the body covered by supporting straps or devices.
Semi -Public Halls, Club or Lodge. A structure or facility owned or operated for special educational or
recreational purposes, but not primarily for profit or to render a service that is customarily carried on for
gain.
Setback. The minimum distance between by which any building or structure must be separated from a
street right-of-way or lot line.
Sewer Connection, Manufactured Home. Connection consisting of pipes, fittings and appurtenances
from the drain outlet of a HUD -Code Manufactured Home to the inlet of the corresponding sewer service
riser pipe of the sewage system serving the HUD -Code Manufactured Home Park.
Sewer Service Riser Pipe, Manufactured Home. That portion of sewer service which extends vertically
to the ground elevation and terminates at a HUD -Code Manufactured Home space.
Sexually Oriented Business. An adult arcade, adult bookstore or adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, escort agency, or nude model studio.
Shared Drive. A common driveway or access shared by adjoining properties.
Shopping Center. A group of commercial establishments planned, developed, and managed as a unit,
related in location, size and type of shops to the trade area that the unit serves, and providing on-site
parking.
Side Yard. See "Yard, Side."
Site Plan Review. The comprehensive evaluation of a development and its impact on neighboring
properties and the community as a whole, from the standpoint of: land use, site design, landscape design,
environmentally sensitive areas protection, architecture, lighting, signs, clearing and grading, engineering
design, health and safety, other adopted standards and criteria of this Chapter, all other adopted codes and
ordinances of the City.
Smoke. The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process.
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.
Special Circumstances. With regard to utility extensions, only those areas where water or sewer is
deemed necessary and the application of any general rule for extension shall cause a burden and cost
considerably greater than what would be normally incurred due to the particular topography or unusual
shape of the particular lot or tract involved.
Special Events. A temporary outdoor use on private property that extends beyond the normal uses and
standards allowed by the Denton Development Code. "Special events" include, but are not limited to,
outdoor entertainment, educational and cultural events, art shows, sidewalk sales, haunted houses,
carnivals, fairs, special auto sales, grand openings, festivals, home exhibitions, and church bazaars.
Special Hospital: See the Texas Administrative Codi, T tll 2 a Part 1 i _atLt r 1 3 �bpr a t t ._. q,V
133.2 Definitions, as amended. See also Hospital Services.
Specific Use Permit. A use which is not automatically permitted by right, but which may be permitted within
a zoning district subject to meeting specific conditions contained in this Chapter.
Specified Anatomical Areas. Human genitals in a state of sexual arousal.
Specified Sexual Activities. Includes any of the following:
A. The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or
female breasts;
B. Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or
sodomy;
C. Excretory functions as part of or in connection with any of the activities set forth in A through B
above.
Spread Limits. The width of pavement covered by water flowing from a certain frequency (i.e., one hundred
(100) year flood).
Standards Report. Consists of a narrative report, existing conditions map and background information
describing the characteristics, components and timing of the proposed MPC District by development unit(s).
The Standards Report includes a development unit matrix describing density, projected employment,
intended FAR's, zoning districts and applicable development standards. The Standards Report also
includes a matrix describing how the developer proposes to comply with the site design standards contained
in Subchapter 13 of the Denton Development Code. It will describe for example, where the developer
proposes to comply with the requirements to park behind or beside buildings and to identify alternatives
where an alternative is proposed.
Stockpiling. The holding on land of material or products such as any soil, sand, gravel, clay, mud, debris,
vegetation, or any other material, organic or inorganic, in a concentrated state.
Storage, Outdoor. Any area that contains trash collection areas or dumpster refuse containers; outdoor
loading and unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of bulk
materials and/or parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations,
motor vehicle dealers, or inspection stations. Temporary construction and related activities are excluded
from this definition.
Story. That portion of a structure included between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, the space between the floor and the ceiling above it; provided, that
a room, suite, or story with more than one-half ('/2) of its height below grade shall not be considered a story
for the purposes of height regulations.
Street. A public right-of-way for roadway, sidewalk, and utility installation including the terms "road,"
"highway," "land," "place," "avenue," "alley," or other similar designations. The entire width between the
right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian
traffic.
Street Crown. The highest point of a street cross section, normally located at the centerline of the street.
Stream Channelization. Manipulation of a stream channel to increase the rate of water flow through the
stream channel. Manipulation may include deepening, widening, straightening, armoring, or other activities
that change the stream cross-section, or other aspects of stream channel geometry, to increase the rate of
water flow through the stream channel. A channelized stream remains a "waters of the U.S.," despite the
modifications to increase the rate of water flow.
Street, Cul-de-sac. A short dead-end street terminated by a vehicle turnaround.
Street, Half. A portion of the width of a street, usually along the edge of a subdivision, where the remaining
portion of the street is provided in another subdivision.
Street, Marginal Access. A minor street parallel and adjacent to a major arterial street providing access
to abutting properties but protected from through traffic.
Structure. An edifice of any kind or any piece of work artificially built up or composed of parts joined
together which requires location on, in, or above the ground or which is attached to something having a
location on, in or above the ground. Flatwork or in -ground swimming pools are excluded.
Structure, Accessory. Any structure on the same lot with and that is incidental and subordinate to the
principal structure. Flatwork, in -ground swimming pools and fences or walls used as fences are excluded.
Structure, Height of. The vertical distance measured from the average elevation of the proposed finished
grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average
height of the gable(s) of a pitch or hip roof. Any height limitation of this Chapter shall not apply to church
spires, belfries, cupolas and domes not intended for human habitation, monuments, water towers, silos,
chimneys, flag poles, except as may be limited in the "A" Airport overlay zone.
Structure Line. A line on a Plat indicating the limit beyond which structures or structures may not be
erected. Similar to Building Envelope.
Structure, Principle. The structure in which the primary permitted use of the lot on which the structure is
located is conducted.
Structural Alteration. A change to the supporting members of a structure including foundations, bearing
walls or partitions, columns, beams or girders, or the roof.
Studio Apartment: See Dwelling Unit, Efficiency.
Subdivision. The division or redivision of land into two (2) or more lots, tracts, sites or parcels
Tailwater. The water surface elevation directly downstream of a drainage facility.
Temporary Storage Containers and Other Portable Storage Units. Temporary storage containers and
other portable storage units used for the storage of items on a property (excluding use for storing equipment
during multi -family dwelling and non-residential alterations and construction projects).
Temporary Structure. A structure without any foundation or footings which is attached to the ground or
other structure in some nonpermanent fashion. Temporary structures shall require a Permit from the
Building Inspection Department and shall be removed from the site when the designated time period,
activity, or use for which the temporary structure was established has ceased, but not exceeding six (6)
months in duration unless an extension is obtained from the Building Inspection Department upon just
cause.
Temporary uses. Temporary uses are defined as those activities permitted and described in Section
35.12.9.
Theaters. A structure or area for the presentation of plays, motion pictures, concerts, etc.
Thoroughfare Plan. The thoroughfare component of the Mobility Plan, the official map depicting the City's
existing and future street system and roadway network, together with explanatory text.
Time of Concentration. The estimated time (in minutes) required for stormwater runoff to flow .from the
most hydraulically remote section of the drainage area to a specific design point.
TNRCC. The Texas Natural Resources Conservation Commission.
Topography. The physical land surface relief describing the terrain elevation, position of land features and
slope. Topography includes land forms, water and other drainage features, and features such as gravel
pits. A single feature such as a hillside or valley is called a topographic feature.
Townhouse. See "Dwelling, Single -Family Attached.
Toxic and Noxious Matter. Any solid, liquid or gaseous matter which is present in sufficient quantities to
endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to
property.
Traffic Impact Analysis. A study performed by a registered traffic engineer analyzing the impacts of the
expected traffic generated by a development on the existing proposed road system including
recommendations for mitigating such traffic.
Trailer. A non -motorized vehicle, pulled by an automobile or truck designed or maintained for use as a
temporary dwelling or sleeping place for travel or recreation purposes exclusively.
Transfer Station. A temporary storage facility for the consolidation and eventual transfer of solid waste to
a landfill.
Trauma facility: See the Texas Adrr ini ti ttv Chad Jt(g 2 Part 1 Q air 157, Subchapter A. Rtfle
157.2 Definitions, as amended. See also Hospital Services.
Tree, Healthy. A healthy tree is a tree that is vigorously growing and is free of structural problems such as
hollows or voids, free of disease, or insect problems and has a root system that is large enough to support
its above ground mass.
Tree Protection, Permanent. Structural measures, such as retaining walls/wells or aeration devices, that
are designed to protect the tree and its root systems throughout its lifetime.
Tree Protection Sign. A sign furnished by the City upon approval of a tree survey or Tree Permit that
describes prohibited conduct detrimental to trees.
Tree Removal. An act that causes or may be reasonably expected to cause a tree to die including
uprooting, severing the main trunk, damaging the root system and excessive pruning.
Tree Protection, Temporary. Physical barriers installed prior to any clearing and grading activity and
construction for the purpose of preventing damage to existing trees and understory vegetation and set
outside of the root zone of such vegetation for the life of the developments construction.
Tree Stand. Contiguous trees whose canopies are generally clustered together.
Tree Topping. The severe cutting back of limbs to stubs larger than three (3) inches in diameter within the
trees crown to such a degree that removal of the top canopy disfigures and invites probable disease or
death to the tree. Tree topping is prohibited.
TSC. The Traffic Safety Commission.
Ultimate Developed Condition. A fully developed area based on current approved Land Use Plans or "C"
factor of six tenths (0.6) for remaining undeveloped land in a watershed.
Unbuildable Area. All areas outside of building envelopes and within open space.
Underbrush. Underbrush may include plant specie with stems of less than one (1) inch DBH that are
noxious, non-native, or invasive weeds or specie that are categorized as perennials, vines, shrubs, or that
bear thorns or are briars, or that are poisonous through contact with the skin, or any plant on the non -
protected plant specie list.
Understory. A grouping of native, noninvasive low-level woody, herbaceous, or ground covers species
with stems less than one (1) inch dbh.
Undeveloped Floodplains. Areas within the FEMA one hundred (100) year floodplain, or other floodplain
that is undeveloped and in its natural state.
Upland Habitat. Areas, a minimum of ten (10) acres is size, that contain remnants of the eastern Cross
Timbers Habitat.
U.S. Army Corps. United States Army Corps of Engineers.
Use. The purpose or purposes for which land or a structure is designed, arranged, or intended, or to which
such land or structure is occupied, maintained, or leased.
Vegetation. All plant life; however, for the purposes of this Chapter shall be restricted to mean trees,
shrubs, ground cover, annuals, perennials, bulbs, grasses, vines, and aquatic plants, with the exception of
state and federally protected and endangered vegetative specie which in all cases shall be preserved.
Veterinary Clinic. Facility for the temporary boarding and treatment of domestic animals, operated under
the supervision of a licensed veterinarian.
Vehicle Repair. A business providing vehicle repair and or bodywork to the motoring public.
Vibration. A periodic displacement of the earth measured in inches.
Vision Clearance Area. A triangular area on a lot at the intersection of two (2) streets or a street and a
railroad, two (2) sides of which are lot lines measured from the corner intersection of the lot lines for a
distance specified in these regulations. The third side of the triangle is a line across the corner of the lot
joining the ends of the other two (2) sides. Where the lot lines or intersections have rounded corners, the
lot lines will be extended in a straight line to a point of intersection.
Warehouse, Retail: A Distribution Center/Warehouse exceeding twenty-five thousand (25,000) square feet
of gross floor area, and devoting up to thirty (30) percent of the gross floor area for display and retail sale
of merchandise.
Water Related Habitats. Areas designated for wetland, tree and understory preservation and including
significant stands of predominately native water related habitat. These areas include wetlands.
Waterbody. Area that in a normal year has water flowing or standing above ground to the extent that
evidence of an ordinary high water mark is established. Wetlands contiguous to the waterbody are
considered part of the waterbody.
Watershed. The land area(s) that contribute surface runoff or drainage to a water system or body.
Wetlands. Jurisdictional wetlands as defined by the Federal Clean Water Act and the standards and
guidelines in use by the United States Army Corps of Engineer, including the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands. Those areas that are inundated or saturated by surface or ground
water (hydrology) at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation, and are (hydrophytes) typically adapted for life in saturated soil
conditions (hydric soils). Wetlands generally include swamps, marshes, bogs, and similar areas.
Wholesale Nurseries. An area where plants are grown for transplanting, for use as stocks for budding and
grafting, or for sale in large quantities for resale purposes. The business may have up to fifty (50) percent
retail sales in conjunction with the wholesale sales.
Wholesale Sales. A business engaged in the sale of commodities in large quantities for resale purposes.
Window. An opening in the wall of a building or structure for admitting light and fitted with a frame containing
panes of glass.
Window, False. A device in the wall of a building or structure fitted with a frame containing panes of glass
so as to resemble a window, but not admitting light.
Wrecker Services and Impound Lots. A business that provides wrecker or towing service to vehicles that
are stored at a state licensed vehicle storage facility. A licensed vehicle storage facility is a garage, parking
lot, or other facility owned or operated by a person other than a governmental entity for storing or parking
ten (10) or more vehicles per year.
Yard. A required open space located on the same lot as the principal structure, unoccupied and
unobstructed except for accessory uses and landscaping.
Yard, Front. A yard extended across the full width of and situated between the front lot line and the principal
structure extending to the side lot lines. In the case of a corner lot, the front yard adjoins the public or private
rights-of-way where the entrance/address is located.
Yard, Rear. A yard extended across the full width of and situated between the rear lot line and the principal
structure extending to the side lot lines. In the case of a corner lot, the rear yard shall not extend past the
corner side yard.
Yard, Side. A yard extended across the full width of and situated between the side lot line and the principal
structure extending from the front yard to the rear yard. In the case of a corner lot, the corner side yard shall
extend from the front yard to the rear lot line.
INTERIOR LOT
Rek'i Lot Line
Accessory
Structure
5 (Garage)
a
0
Rear Yard
___ ___
-p--
--
---
Principle
TStructure
cn
rn
CORNER LOT
w
Accessory
Structure u
u
(Garage) a
u
7
m
t
X
Rear Yard
0
to
0
e
Principle I
�+ Structure N
--------------------------------
u
u
Pront Yard
Front Lot Line
i
Street
Zero -Lot Line Dwellings. Detached single-family dwellings that have a side yard setback of zero feet on
one side.
(Ord. No. 2004-009, 1-6-2004)
(Ord. No. 2004-332, 10-19-2004)
(Ord. No. 2005-100, 3-22-2005)
(Ord. No. 2005-224, 8-16-2005)
(Ord. No. 2005-244, 9-6-2005)
(Ord. No. 2006-201, 7-18-2006)
(Ord. No. 2006-221, 8-1-2006)
(Ord. No. 2006-303, 10-17-2006)
(Ord. No. 2006-349, 12-12-2006)
(Ord. No. 2007-095, § 2(exh. A), 5-1-2007)
(Ord. No. 2007-096, 5-1-2007)
(Ord. No. 2007-249, § 2(exh. A), 10-16-2007)
(Ord. No. 2008-158, § 2(exh. A), 7-15-2008)
(Ord. No. 2008-318, § 2(exh. A), 12-9-2008)
(Ord. No. 2008-320, § 2(exh. A), 12-9-2008)
(Ord. No. 2009-082, § 2(exh. A), 4-7-2009)
(Ord. No. 2009-083, § 2(exh. A), 4-7-2009)
(Ord. No. 2009-101, § 2(exh. A), 4-21-2009)
(Ord. No. 2009-115, § 2(exh. A), 5-5-2009)
(Ord. No. 2009-116, § 2(exh. A), 5-5-2009)
(Ord. No. 2010-181, § 2(exh. 1), 7-21-2010)
(Ord. No. 2011-089, § 2(exh. A), 5-17-2011)
(Ord. No. 2011-125, § 2(exh. A), 8-2-2011)
(Ord. No. 2012-155, §§ 6, 7, 7-17-2012)
(Ord. No. 2013-197, § 2(Exh. A), 8-6-2013)
( QLd. o 2015-010 10 '1 .W -6-2015 ,)
Ord, No, 201:5 q,3
Footnotes:
Reference note— Texas case law generally prohibits enforcement of zoning restrictions upon the location
of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton
Independent School District.)
Reference note— Texas case law generally prohibits enforcement of zoning restrictions upon the location
of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton
Independent School District.)
Reference note— Texas case law generally prohibits enforcement of zoning restrictions upon the location
of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton
Independent School District.)