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DCA18-0002a:i:1(.e�al\C1�rr I�acirmurwt��C7rdia�aaMc�°s\N �tC)C�.I $-OOC12 t,�rcCinance.d�cs� !' � , # �; ' i ��� . . #•� . # � � # . . � � # � �. #� . . ; . � . � �; �. . , I . , I , � . . 1 * • •, �i' • • ! : ' � ' .� •'` � ' . • • .• * •. . � .• � • . ' # ' �' ' ` ' • ! � •' . • . . � • • '� 1I1II •' ! � # ' • ''• � � '�: . . . . � . ! � �; � : 11! • . . # # r . - � 1! !� 1 - � � - • �- • - . .�� -� _ �- � �- . �• . #�- _ ��, . � WHEREAS, the City desires ta arnend Subchapter 35.5 Zoning Districts and Limitations of the DDC in order to amend the limitations related to the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts; and • • � �• 1 ; -' . :, r • : w � • . . - - . � - .-� . . . '• ' - '• - � ` � •'• . � . � . . .�� . . .+ , � � � . . � - �-� .�• • . 1 � . . . � . • . �. � �. . �� . •�. . � WHEREAS, an April 17, 201$ the City Cauncil likewise conducted a public hearing in accordance with lacal and state law and the City Council hereby finds that the subject amendments to Subchapter 35.5 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, • # # � # � , �•�. � . • • . � - . • • . .� . .. ► ' � • • . . � . • � . -• - - � . . _ . . • w r � �' ' • . . . • _ � • • - � ' ; I i i ; i " • �' ' I�! . � . . .� � I . . - -• .�� -� . • SECTION 3. 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 far each offense. Each day that a provisian of this ardinance is violated shall constitute a separate and distinct offense. `� I���C:" I I��� �.w 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 provisians or applications, and to this end the provisions of this ordinance are severable. SECTION 5. 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 6. 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 ;����'�� '�_� 2018. ,�TTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY C �l��f���(� l��l�� �� TO LEGAL FORM: ��X�� LEAL, CITY ATTORNEY � �� ��+ .� �,�,��. BY: ��� �� �� EXHIBIT A 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 EGC � Accessory Dwelling Units N Agriculture P Attached Single-family Dwellings N j Community Homes For the Disabled N Dormitory N Duplexes N Dwellings Above Businesses N Fraternity or Sorority House N .. _ _.._ Group Homes N Livestock . _ L(7) .ee __ _ ,n�n�n,.,., �.�„�... .�. �, Live/Work Units � N � EC-I N P N N N N N N N L(7) N Manufactured Housing Developments N I N Multi-Family Dwellings N N Single-family Dwellings N 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 Administrative or Research Facilities Auto and RV Sales Bar Bed and Breakfast Broadcasting of Production Studio Commercial Parking Lots Drive-through Facility Equestrian Facilities Home Occupation Hotels Indoor Recreation Laundry Facilities Major Event Entertainment EGC P P P P EC-I P P P N P Motels P N Movie Theaters � N N _ _ ... . _ _ Outdoor Recreation �i P N __ _ _ __ _. e _... .�......... .. , n � _ ..__..ee. Private Club � P P � _ i Professional Services and Offices � P P Quick Vehicle Servicing P P Restaurant P P — — — . _..... . � ...................... . � Retail Sales and Service P L(18) Sale of Products Grown on Site N N _�... __ _ � w....... ............. .....�,.,w Self-service Storage � P P Sexually Oriented Business N N __ � � -- m......... _._.... Temporary Uses � L(38) � L(38) ; -- — ,........�.... � _,,.__ Vehicle Repair � 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 � EGC EC-I .,._,__ Bakeries P P Compressor Stations N N � _ __ , Construction Materials Sales N P Craft Alcohol Production � P P Distribution Center/Warehouse, General N P 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 P P Light Manufacturing P P Manufacture of Non-odoriferous Foods P P � _. _ - _ - _. � ..... _ � _. Printing/Publishing P P �_ Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Veterinary Clinics P P . .. Warehouse, Retail P P _.._ ,........... 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 Adult or Child Day Care Basic Utilities Business/Trade School Cemeteries Churches Colleges Community Service Conference/Convention Centers Elderly Housing Electric Substations and Switch Stations High School Hospital Kindergarten, Elementary School Medical Centers Middle School Mortuaries Parks and Open Space Semi-public, Halls, Clubs, and Lodges �.,, � WECS (Building-mounted) EGC I EC-I P P P P P P P P SUP P I N N P P P P SUP � SUP WECS (Free-standing Monopole Support Structure) I SUP I SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.6.3. General Regulations. General regulations of the Employment Center are as follows: General Regulations EC-C EC-I � Minimum lot area (square feet) 2,900 2,500 Minimum lot width 20 feet 50 feet � Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet � _ ... Minimum side yard � None None Minimum side yard adjacent � None 10 feet to a street i � � Minimum yard abutting a 30 feet, plus 1 foot for each foot 30 feet, plus 1 foot for each foot single-family use or district of building height above 30 feet of building height above 30 feet Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% re.. ..... �....... . _... ,..�....... . „�, .. , , — — — , __ � ��� ...... � . .,,,,... Minimum landscaped area 20% � 15% � i _.. , ,... Maximum building height � 100 feet 65 feet � Maximum WECS height 110 feet 75 feet � 35.5,8. - Limitations. The following define the limitations to zoning uses when the zoning matrix identifies a use as permitted, but limited: L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. The maximum number of accessory dwelling units shall not exceed one (1) per lot. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, and shall not exceed one thousand (1,000) sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One (1) additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten (10) acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten (10) acres. L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of two (2) acres or more, up to two (2) units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. L(4) = Multi-family is permitted only: With a Specific Use Permit; or As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or If allowed by a City Council approved neighborhood (small area) plan. L(5) = Within this district the density of apartments will be calculated as one (1) bedroom equating to one- half (.5) unit. L(6) = RESERVED L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3), L(8) = Travelers' accommodations, are permitted, provided that: The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off- Street Parking section of this Chapter. 3. That only one (1) ground or wall sign, constructed of a non-plastic material, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(9) = All restrictions of L(8), but limited to no more than fifteen (15) guest units. L(10) = All restrictions of L(8), but limited to no more than five (5) guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(12) = On-premise consumption or retail sales and shall limit the use to no more than ten thousand (10,000) square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing related activities, and additional square footage shall require a Specific Use Permit. L(13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(15) = Uses are limited to no more than five thousand (5,000) square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than one thousand five hundred (1,500) square feet of gross floor area per lot. L(17) = Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross floor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed two thousand five hundred (2,500) square feet. Sales on premises of products produced required in this zone. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than twenty- five (25) seats except adjacent to I-35 then the number of seats is limited to fifty (50). L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed five thousand (5,000) square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed one thousand five hundred (1,500) square feet. L(25) = If proposed use is within two hundred (200) feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than two thousand five hundred (2,500) square feet of gross floor area per lot. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(30) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least fifteen (15) percent of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least twenty-five (25) percent of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(32) = Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L(33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. L(34) = RESERVED L(35) = Self-Service Storage uses must comply with the following provisions: �l. All sides of a self-service storage facility shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color (split-face CMU), stucco, concrete tilt-wall (colored or stamped). The limitation on exterior materials is exclusive of fenestrations such as doors, windows, glass and entryway treatments. Glass may not account for more than 70 percent of the exterior wall area. 3. No overhead bay doors and/or storage unit doors may be visible from adjacent property or public right-of-way. 4. No outdoor storage permitted. 5. All proposed fencing materials are limited to masonry and wrought iron and shall be constructed in compliance with Section 35.13.9, as amended. 6. Landscape buffers shall be provided in accordance with Section 35.13.8, as amended. L(36) = Permitted when combined with retail sales. L(37) = Five (5)-acre minimum land area required and no more than twenty-five (25) kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L(38) = Must meet the requirements of Section 35.12.9. L(39) _ L(40) =Limited to a maximum twelve (12) units per acre. L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS. L(43) = Electric Substations and Switch Stations are permitted subject to the following criteria: An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35,3.4 unless it is able to meet the following requirements: A. Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and B. A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. 2. All Electric Substations or Switch Stations shall comply with the following development requirements: 1. The proposed electric substation or switch station shall substantially comply with all of the development and regulatory standards established in Subchapter 24; and 2. A site plan demonstrating substantial conformance with all the applicable design standards identified in Subchapter 24 shall be submitted.