DCA22-0008aORDINANCE NO. DCA22-0008a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTONDEVELOPMENT CODE, SPECIFICALLY AMENDMENTS TO SECTIONS 5.3.5UAUTOMOTIVE FUEL SALES, 5.3.5V MAJOR AUTOMOTIVE REPAIR SHOP, 5.3.5W
MINOR AUTOMOTIVE REPAIR SHOP, 5.3.5Y EQUIPMENT SALES AND RENTAL, 5.3.6FOUTDOOR STORAGE (AS A PRIMARY USE), 5.3.6G SELF-SERVICE STORAGE, 5.4.4DACCESSORY OUTDOOR STORAGE, 6.3.2E.6 OUTDOOR STORAGE AREAS, 7.7.8D.3FENCE HEIGHT, 7.7.8E.3 OUTSIDE STORAGE, AND SECTION 9.2 DEFINITIONS:PROVIDiNG FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FORViOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (DCA22-0008a)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton adopted the newly revised 2019 Denton Development Code, the (“DDC”); and
WHEREAS, the Code amendments to the DDC is necessary to ensure the safety of
residents and visitors and the high-quality character and appearance of the city; and
WHEREAS, the City desires to amend the DDC to provide reasonable regulations for the
appearance, location, and type of outdoor storage and outdoor display; and
WHEREAS, the Code amendments addresses an administrative decision and an
interpretation by the Zoning Board of Adjustment (ZB A), addresses inconsistent language, and
proposes additional Use-Specific Standards as it relates to outdoor storage and outdoor display
uses; and
WHEREAS, on February 15, 2023, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave the requisite notices by publication, held due hearings
and recommended approval [6 - 0] of the amendment to the Denton Development Code; and
WHEREAS, on March 7, 2023, the City Council likewise conducted a public hearing in
accordance with local and state law and the City Council hereby finds that the Code amendments
related to Outdoor Storage and Outdoor Display are consistent with the City’s comprehensive plan,
and federal, state, and local law are in best interests of the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. Sections 5.3.5U Automotive Fuel Sales, 5.3.5V Major Automotive Repair
Shop, 5.3.5W Minor Automotive Repair Shop, 5.3.5Y Equipment Sales and Rental, 5.3.6F
Outdoor Storage (as a Primary Use), 5.3.6G Self-Service Storage, 5.4.4D Accessory Outdoor
Storage, 6.3.2E.6 Outdoor Storage Areas, 7.7.8D.3 Fence Height, 7.7.8E.3 Outside Storage, andSection 9.2 Definitions of the DDC is amended as set forth in “Exhibit A” which is attached and
fully incorporated herein by reference.
Page 1
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 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 4. 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 5. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Development Code of Ordinances, asamended, 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.
Th, m,ti,„ t, ,pp„„, thi, „dh,„„ w„ m,d, by its JC t>'„:i ,„d
seconded by _, the orc) d by
the following vote K - a :
Aye,/
,.,/
b/
1/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT. District 4:
Brandon Chase McGee,At Large Place 5 :b/
1/Chris Watts, At Large Place 6:
PASSED AND APPROVED this, the 7tx day of h4r&h 2023
,/// /ZGERARD HUDSPETH, MAYOR
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ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Hilary Negron2023.02.16 15:58:16
-06'OO'
Page 3
EXHIBIT A
Amend Section 5.3.5U Automotive Fuel Sales as follows:
Automotive Fuel Sales
1. Outdoor storage of auto-related equipment and parts (including tires) shall be maintained
entirely within an enclosed structure or shall be opaquely screened from all rights-of-way,residential zoning districts, and residential uses, and shall comply with standards in
Subsection 7.7.8: Walls, Fences, and Screening.
2.Outdoor display of retail supplies, including auto-related consumable products applied
and/or installed by a customer off premise, is permitted.
3.Auto repair and servicing shall constitute an Automotive Repair, Major or Minor use.
4.The sale and leasing of motor vehicles shall constitute an Automotive Sales and Leasing use.
Amend Section 5.3.5V Automotive Repair Shop, Major as follows:
Automotive Repair Shop, Major
1. All auto repairs and maintenance services shall be conducted within an entirely enclosed
structure.
2 Outdoor storage and display of auto-related equipment, parts (including tires), discarded
parts and wrecked or inoperable motor vehicles is prohibited, except:
a. Within the MR, SC, HC, and GO Zoning Districts auto-related equipment, parts
(including tires), discarded parts and wrecked or inoperable motor vehicles shall be
maintained entirely within an enclosed structure or shall be opaquely screened from
all rights-of-way, residential zoning districts, and residential uses with a minimum eight
(8) foot tall wall or fence of masonry, elevated and sealed wood or a combination of
such materials.
b.Within the LI and HI Zoning Districts discarded parts and wrecked or inoperable motor
vehicles shall be maintained entirely within an enclosed structure or shall be opaquely
screened from all rights-of-way, residential zoning districts, and residential uses, and
shall comply with standards in Subsection 7.7.8: Walls, Fences, and Screening.
Within the LI and HI Zoning Districts outdoor storage and display of auto-related
equipment and parts (including tires) is permitted.
C.
3.
4.
5
Outdoor display of retail supplies, including auto-related consumable products applied
and/or installed by a customer off premise, is permitted.
The sale of motor vehicles shall constitute an Automotive Sales and Leasing use. The leasing
of motor vehicles as a secondary use is permitted.
Noise levels shall comply with City ordinance standards.
Amend Section 5.3.5W Automotive Repair Shop, Minor as follows:
Automotive Repair Shop, Minor
1. All auto repairs and maintenance services shall be conducted within an entirely enclosed
structure.
2.Outdoor storage and display of auto-related equipment, parts (including tires), discarded
parts and wrecked or inoperable motor vehicles is prohibited, except:
a.Within the MN, MR, SC, HC, and GO Zoning Districts auto-related equipment, parts
(including tires), discarded parts and wrecked or inoperable motor vehicles shall be
maintained entirely within an enclosed structure or shall be opaquely screened from
all rights-of-way. residential zoning districts, and residential uses with a minimum eight
(8) foot tall wall or fence of masonry, elevated and sealed wood or a combination of
such materials.
b.Within the LI and HI Zoning Districts discarded parts and wrecked or inoperable motor
vehicles shall be maintained entirely within an enclosed structure or shall be opaquely
screened from all rights-of-way, residential zoning districts, and residential uses, and
shall comply with standards in Subsection 7.7.8: Walls, Fences, and Screening.
C.Within the LI and HI Zoning Districts outdoor storage and display of auto-related
equipment and parts (including tires) is permitted.
3.
4.
5.
Outdoor display of retail supplies, including auto-related consumable products applied
and/or installed by a customer off premise, is permitted.
The sale of motor vehicles shall constitute an Automotive Sales and Leasing use. The leasing
of motor vehicles as a secondary use is permitted.
Noise levels shall comply with City ordinance standards.
Amend Section 5.3.5Y Equipment Sales and Rental as follows:
Equipment Sales and Rental
1. Repairs and maintenance services of equipment shall be conducted entirely within an
enclosed structure.
2 Inoperable or wrecked equipment or materials shall be maintained entirely within an
enclosed structure or shall be opaquely screened from all residential zoning districts, and
residential uses, and shall comply with standards in Subsection 7.7.8: Walls, Fences, and
Screening.
Amend Section 5.3.6G.4 Other Activities as follows:
Other Activities
a. Rental of storage units, rental of storage space for recreational vehicles (RV) and boats,
and the sale of moving related items are allowed uses.
b. No other land use or business activity within storage units is allowed.
c. The rental of moving trucks and moving related equipment shall constitute an
Equipment Sales and Rental use.
d. The sale and leasing of recreational vehicles (RVs) and boats shall constitute an
Automotive Sales and Leasing use.
Add Section 5.3.6G.5 Outdoor Storage as follows:
Outdoor Storage
Outdoor storage of recreational vehicles (RVs) and boats is prohibited, except:
a.Within the MN, MD, MR, SC, HC, and GO Zoning Districts recreational vehicles (RVs) and
boats shall be maintained entirely within an enclosed structure or shall be opaquely
screened from all rights-of-way, residential zoning districts, and residential uses with a
minimum eight (8) foot tall wall or fence of masonry. elevated and sealed wood or a
combination of such materials.
b. Within the LI and HI Zoning Districts recreational vehicles (RVs) and boats shall be
maintained entirely within an enclosed structure or shall be opaquely screened from all
rights-of-way, residential zoning districts, and residential uses, and shall comply with
standards in Subsection 7.7.8: Walls, Fences, and Screening.
Amend Section 5.3.6F Outdoor Storage as follows:
Outdoor Storage (as a Primary Use)
1. Materials shall not be stored in areas intended for vehicular or pedestrian circulation.
2. Materials stored outdoors shall be setback at least five feet from all property lines.
3 Outdoor storage shall be opaquely screened from all rights-of-way, residential zoning
districts, and residential uses, and shall comply with standards in Subsection 7.7.8: Walls,
Fences, and Screening.
Amend Section 5.4.4D Outside Storage as follows:
Outdoor Storage, Accessory
In addition to complying with all EPA regulations, the International Fire Code, and all other
applicable ordinances, statutes, rules and regulations. outdoor storage:
1.Shall be limited to materials sold or used on the premises as part of the principal use of the
property.
2.
3.
4.
Shall not be located between the front building fagade and the adjacent street frontage.
Materials shall not be stored in areas intended for vehicular or pedestrian circulation.
Materials stored outdoors shall be setback at least five feet from all property lines.
5.Within the HC and GO Zoning Districts outdoor storage shall be maintained entirely within
an enclosed structure or shall be opaquely screened from all rights-of-way, residential zoning
districts, and residential uses with a minimum eight (8) foot tall wall or fence of masonry,elevated and sealed wood or a combination of such materials.
6 Within the LI, HI and PF Zoning Districts outdoor storage shall be opaquely screened from all
rights-of-way, residential zoning districts, and residential uses, and shall comply with
standards in Subsection 7.7.8: Walls, Fences, and Screening.
Amend Section 6.3.2E.6 Outdoor Storage Areas as follows:
Outdoor Storage Areas
Outdoor storage areas shall be equipped with a secondary containment system designed to
contain a spill from the largest individual vessel. If the area is open to rainfall, secondary
containment shall be designed to include the volume of a 24-hour rainfall as determined by
a 25-year storm and provisions shall be made to drain accumulations of ground water and
rainfall.
Amend Section 7.7.8D.3.a Fence Height as follows:
Fence Height
a. Fence height shall not exceed the maximum height specified in Table 7.H. The Director
or his or her designee may approve an alternative height, provided that the maximum
height will not endanger public safety, adversely impact surrounding properties, and/or
otherwise alter the character of the existing area.
Amend Section 7.7.8E.3 Outside Storage as follows:
Outdoor Storage
Except for industrial uses that are legally permitted, and uses in the LI, HI, and PF zoning
districts, all outdoor storage shall be opaquely screened from all rights-of-way, residential
zoning districts, and residential uses, and shall comply with standards in Subsection 7.7.8:
Wal\s, Fences, and Screening, No outdoor storage shall be stacked in a way that it becomes
visible from the public right-of-way.
Amend Section 9.2 Definitions as follows:
Automotive Fuel Sales
An establishment where fuel, motor oil, automobile lubricants, travel aids and other supplies are
sold to the motoring public.
Automotive Repair Shop, Major
An establishment primarily engaged in providing major automotive repair services such as engine
and drive train repair, body work, mechanical servicing, and/or painting.
Automotive Repair Shop, Minor
An establishment primarily engaged in providing minor automotive repair services such aslubrication, oil and tire changes, and tune-ups, brake repair, tire replacement, detailing and
polishing. paint-less repair, window tinting, vehicle wraps, and audio installation. Major repairs such
as automotive bodywork or painting or repair of engines or drive trains shall not be provided
Automotive Sales or Leasing
The sale, lease, rental, outdoor storage, or outdoor display of motor vehicles. This definition shall
not include salvage operations, scrap operations, impound yards, or commercial parking lots
available for short-term use.
Building Materials and Supply Store
A business involved in the sale, outdoor storage, and outdoor display, distribution of structure
supplies and services including lumber, brick, tile, cement, insulation, floor covering, lighting,
plumbing supplies, electrical supplies, cabinetry and roofing materials. Accessory uses may include
repair or delivery services and outdoor sale of plants and gardening supplies.
Outdoor Storage (as a Primary Use)
As a principal use, a property or area used for the long term (more than 24 hours) storage of
materials, merchandise, products. stock, supplies, machines, operable motor vehicles, equipment,
manufacturing materials, or other items not kept within a structure having at least four walls and a
roof. New or used motor vehicles sales and leasing display and parking, and outdoor sales and
display and parking areas shall not be defined as outdoor storage. Automotive wrecking service,
impound lot, junkyard, or salvage yard shall not be defined as outdoor storage.
Outdoor Storage, Accessory
The keeping of goods, materials, or equipment as an accessory use to a principal use located on
the same lot, where such goods, materials, or equipment are not kept in a structure having at least
four walls and a roof. New or used motor vehicle sales and leasing display and parking, and outdoor
sales and display and parking areas shall not be defined as accessory outdoor storage. Automotive
wrecking service, impound lot, junkyard, or salvage yard shall not be defined as accessory outdoor
storage
Outdoor Storage
The storage of objects, items, products or materials outside an enclosed building (more than 24
hours), and not intended for immediate sale.
Outdoor Display
The outdoor display outside an enclosed building, of new or used merchandise, products, stock,
supplies, materials, machines, equipment, or other items intended for immediate sale, rent, lease,
or special order affiliated with the principal use.
Motor Vehicle
See definition for motor vehicle in Subpart A – Code of Ordinances, Chapter 17 – PropertyMaintenance, Article 1 – in General, Section 17-2 Definitions.
InoperableSee definition for inoperable in Subpart A – Code of Ordinances, Chapter 17
Maintenance, Article 1 – in General, Section 17-2 Definitions
Property