2009-115sAour documents\ordinances\09\dca08-001 0.doc
ORDINANCE NO. //!F
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 5 AND
23 OF THE DENTON DEVELOPMENT CODE TO SPECIFY THOSE ZONING DISTRICT
CLASSIFICATIONS ALLOWING WRECKER SERVICES AND IMPOUND LOTS, AND TO
DEFINE WRECKER SERVICES AND IMPOUND LOTS IN SUBCHAPTER 23; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (DCA08-0010)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code") and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapters 5
and 23 of the Denton Development Code.
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapters 5 and 23 are amended to reflect the changes outlined in Exhibit
"A", attached and incorporated fully herein by reference; all provisions not specifically changed
herein shall remain as written.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. 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.
s:\our documents\ordinances\09\dca08-001 0.doc
PASSED AND APPROVED this the day of d
, 2009.
A=-
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page - 2
APPROVED AS TO LEGAL FORM:
EXHIBIT A
Subchapter 35.5 of the DDC is amended to add Wrecker Services and Impound Lots as
follows:
Categories Industrial Land Use
Printing / Publishing
RD-5
N
RC
N
Bakeries
N
L(21)
Manufacture of Non-odoriferous Foods
N
N
Feed Lots
SUP
N
Food Processing
N
N
Light Manufacturing
N
SUP / L(24)
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
P
P
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Wrecker Services and Impound Lots
N
N
Kennels
L(14)
L(14)
Veterinary Clinics
P
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Gas Wells
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
Industrial Land Use Categories
Printing / Publishing
NR-1 NR-2
N N
NR-3 NR-4
N N
NR-6
N
NRMU-
12
N
N
Bakeries
N
N
N
N
N
N
L(21)
Manufacture of Non-odoriferous Foods
N
N
N
N
N
N
N
Page - 3
Feed Lots
N
N
N
N
N
N
N
Food Processing
N
N
N
N
N
N
N
Light Manufacturing
N
N
N
N
N
N
N
Heavy Manufacturing
N
N
N
N
N
N
N
Wholesale Sales
N
N
N
N
N
N
N
Wholesale Nurseries
N
N
N
N
N
N
N
Distribution Center
N
N
N
N
N
N
N
Wholesale Storage and Distribution
N
N
N
N
N
N
N
Self-service Storage
N
N
N
N
N
N
N
Construction Materials Sales
N
N
N
N
N
N
N
Junk Yards and Auto Wrecking
N
N
N
N
N
N
N
Wrecker Services and Impound Lots
N
N
N
N
N
N
N
Kennels
L(37)
L(37)
N
N
N
N
N
Veterinary Clinics
L(14)
L(14)
N
N
N
N
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
N
N
N
Gas Wells
L(27)
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
Industrial Land Use Categories
Printing / Publishing
N
N N
P
Bakeries
N
N
L(21)
P
Manufacture of Non-odoriferous Foods
N
N
N
N
Feed Lots
N
N
N
N
Food Processing
N
N
N
N
Light Manufacturing
N
N
N
N
Heavy Manufacturing
N
N
N
N
Wholesale Sales
N
N
N
SUP/
L(36)
Wholesale Nurseries
N
N
N
SUP/
L(36)
Distribution Center!
N
N
N
N
Page - 4
Wholesale Storage and Distribution
N
N
N
N
Self-service Storage
N
N
N
N
Construction Materials Sales
N
N
N
N
Junk Yards and Auto Wrecking .
N
N
N
N
Wrecker Services and Impound Lots
N
N
N
N
Kennels
N
N
N
N
Veterinary Clinics
N
SUP
L(26)
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
Gas Wells
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Categories Industrial Land Use Printing / Publishing
P
L(25)
Bakeries
P
L(25)
Manufacture of Non-odoriferous Foods
N
L(25)
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
N
N
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
N
N
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Wrecker Services and Impound Lots
N
N
Kennels
N
N
Veterinary Clinics
P
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Page - 5
Gas Wells SUP SUP
L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Categories Industrial Land Use Printing / Publishing
N
N
N
N
Bakeries
N
N
L(21)
P
Manufacture of Non-odoriferous Foods
N
N
N
N
Feed Lots
N
N
N
N
Food Processing
N
N
N
N
Light Manufacturing
N
N
N
L(23)
Heavy Manufacturing
N
N
N
N
Wholesale Sales
N
N
N
N
Wholesale Nurseries
N
N
N
N
Distribution Center
N
N
N
N
Wholesale Storage and Distribution
N
N
N
N
Self-service Storage
N
N
N
N
Construction Materials Sales
N
N
N
N
Junk Yards and Auto Wrecking
N
N
N
N
Wrecker Services and Impound Lots
N
N
N
N
Kennels
N
N
N
N
Veterinary Clinics
SUP
SUP
L(14)
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
Gas Wells
L(2
L(27)
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Categories Industrial Land Use Printing / Publishing
P
P
Bakeries
P
P
Manufacture of Non-odoriferous Foods
P
P
Page - 6
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
P
P
Heavy Manufacturing
N
N
Wholesale Sales
P
P
Wholesale Nurseries
N
L(32)
Distribution Center
N
P
Wholesale Storage and Distribution
N
L(34)
Self-service Storage
P
P
Construction Materials Sales
N
P
Junk Yards and Auto Wrecking
N
N
Wrecker Services and Impound Lots
SUP
L(29)
SUP
L(29)
Kennels
P
P
Veterinary Clinics
P
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Gas Wells
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Page - 7
Industrial Land Use Categories IC-E
Printing / Publishing L(25)
IC-G
L(25)
Bakeries
L(25)
P
Manufacture of Non-odoriferous Foods
L(25)
P
Feed Lots
N
N
Food Processing
N
P
Light Manufacturing
P
P
Heavy Manufacturing
N
SUP
Wholesale Sales
P
P
Wholesale Nurseries
P
P
Distribution Center
SUP
P
Wholesale Storage and Distribution
P
P
Self-service Storage
P
P
Construction Materials Sales
P
P
Junk Yards and Auto Wrecking
N
SUP
Wrecker Services and Impound Lots
L(29)
L(29)
Kennels
N
N
Veterinary Clinics
N
N
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
SUP
Gas Wells
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Subchapter 35.5 of the DDC is amended to add limitation L(29) as follows:
L(29) = Wrecker Services and Impound Lots must comply with the following provisions:
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.
Page - 8
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 storm water 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.
Subchapter 35.23.2. of the DDC is amended to add the following definition:
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 10 or more vehicles per year.
Page - 9