2009-082sAour documents\ordinances\09\dca08-0009.doc
ORDINANCE NO. V09-OO2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 12, 13,
AND 23 OF THE DENTON DEVELOPMENT CODE TO CLARIFY STANDARDS AND
REGULATIONS REGARDING OUTSIDE STORAGE AND OUTSIDE DISPLAY
REQUIREMENTS, REVISE THE REQUIREMENT FOR WINDOW OR DOOR AREAS FOR
SINGLE-FAMILY RESIDENTIAL DWELLINGS, MULTIPLE UNIT RESIDENTIAL
DWELLINGS AND MULTI-FAMILY DEVELOPMENT, PROVIDE DEFINITIONS FOR
WINDOWS AND DOORS, AND REVISE THE DEFINITIONS OF FRONT LOT LINE, FRONT
YARD, REAR YARD AND SIDE YARD; AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (DCA08-0009)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code" or "DDC") 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 12,
13, and 23 of the Denton Development Code; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapters 12, 13, and 23 are amended to reflect the changes outlined in
Exhibit "A"; all provisions not changed herein to 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.
sAour documents\ordinances\09\dca08-0009.doc
PASSED AND APPROVED this the Tic day of y , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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sAour docu men ts\ordinances\09\dca08-0009.doc
EXHIBIT A
Subchapter 35.12.7. of the DDC is amended to read as follows:
35.12.7 Outside Storage*
a. 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 confined to the side or rear yard only, and shall be opaquely screened from
public view, using screening materials that are in conformance with Sections 35.13.8
and 35.13.9;
2. Shall not be stacked higher than eight (8) feet; and
3. Shall be set back at least five (5) feet from the property line, and maintained so as to
not create a nuisance to the public or any adjoining property.
b. Industrial zoned properties and all industrial uses that are legally permitted, are
exempted from the requirements of 1-3 above.
Subchapter 35.13.13.1.E. of the DDC is amended to read as follows:
Within the front fagade (front adjoining a public or private right-of-way where the
entrance/address is located) of any single-family residential structure, windows and doors
(excluding garage doors) shall comprise at least 25% of the wall area. All other facades that
face a public or private street or right-of-way (excluding alleys), this minimum percentage of
wall area for windows and doors may be reduced to 10%, or may provide one window or
door per sleeping area (as defined by the Building Code), whichever method provides for the
greater coverage of doors and windows. Shutters, trims, or false windows shall not count
toward the minimum requirement.
Subchapter 35.13.13.2.A.I.b. of the DDC is amended to read as follows:
Within the front fagade (front adjoining a public or private right-of-way where the
entrance/address is located) of any multi-family development and multiple unit residential
dwellings, except for structures that are part of a non-residential and mixed use building in a
Pedestrian Oriented District, windows and doors (excluding garage doors) shall comprise at
least 25% of the wall area. All other facades that face a public or private street or right-of-
way (excluding alleys), this minimum percentage of wall area for windows and doors may be
reduced to 10%, or may provide one window or door per sleeping area (as defined by the
Building Code), whichever method provides for the greater coverage of doors and windows.
Shutters, trims, or false windows shall not count toward the minimum requirement!
*Cross reference - Outside Display of objects for sale or rental, Code Chapter 17 (Denton Property Maintenance
Code).
* Cross reference - Window and door area requirements for structures that are part of a non-residential or mixed
use building in a Pedestrian Oriented District, § 35.13.13.4.
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Subchapter 35.23.2. of the DDC is amended to add or amend the following definitions:
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.
Dwelling, Multiple Unit Residential: A structure designed for three or more dwelling
units. This includes, but is not limited to, triplexes, foucplexes, and multi-family units.
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 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.
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.
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.
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 nights-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.
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s:\our documents\ordinances\09\dca08-0009.dcc
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