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2009-083ORDINANCE NO. b" AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 13 AND 23 OF THE DENTON DEVELOPMENT CODE TO CLARIFY THE BUFFER, SCREENING AND FENCING REQUIREMENTS IN SUBCHAPTER 13; PROVIDING DEFINITIONS FOR MASTER PLANNED DEVELOPMENT, BUFFER, FENCE, PERIMETER FENCE, AND SCREENING; DELETING SECTIONS 16-129 THROUGH 16-131 OF THE DENTON CODE OF ORDINANCES; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA08-0012) 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 13 and 23 of the Denton Development Code, and deletion of conflicting sections 16-129 through 16-131 of the Denton Code of Ordinances; 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 13 and 23 of the Denton Development Code, and Chapter 16 of the Denton Code of Ordinances 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. PASSED AND APPROVED this, the ~&day of al2zL '2009. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page - 2 EXHIBIT A Subchapter 35.13.8. of the DDC is amended to read as follows: Landscaped buffers are required between certain abutting land use categories to mitigate or minimize potential nuisances such as noise, light, glare, dirt, litter, signs, parking or storage areas and to provide a transition between uses that may not be compatible with each other. A. Buffer Requirement 1. The buffer matrix, Table 35.13.1 outlines the requirements for buffers, and is based on the intensity/density between land use categories. The letters A, B, C, and D in Table 35.13.1 refer to specific types of buffers which are illustrated in Section 35.13.8.B. The letter "N" means no buffer is required between the land use categories. When an abutting property is vacant, the land use category designation of the vacant abutting property will determine the type of buffer required on that side of the property at the time of development. 2. Buffers shall be located on the outer perimeter of a lot(s) or parcel(s) extending to the limits of the developed area of the site. They may not occupy any portion of an existing, dedicated, or reserved right-of-way or be located on public property. a. In instances where a required drainage or public utility easement is located within a buffer area, the easement area will count toward the buffer area requirement. No trees or shrubs are allowed within the easement. However, if the remaining buffer area outside the easement is greater than ten (10) feet, trees and shrubs are required as outlined in Table 35.13.1. b. In those instances where a perimeter fence or wall is used in conjunction with a buffer, the perimeter fence or wall shall have a minimum height of six (6) feet, shall be constructed of material permitted by Section 35.13.9.A.1, and shall be located on the inside boundary of the required buffer. 3. Vegetation planted within a required buffer shall be comprised of a combination of evergreen and deciduous plants and trees. 4. The owner of any property upon which a required buffer is located shall care for and maintain the buffer, so as to present a neat, healthy, and orderly appearance that is free of refuse and debris. Maintenance shall include the replacement of all dead plants or trees. 5. Designated tree preservation areas occupying a portion of a required buffer satisfy the planting requirement for the portion they occupy. 6. Up to forty percent (40%) of canopy tree coverage, consisting of Quality Trees located within a required buffer area, may be counted towards the minimum canopy coverage required under the tree code. Page - 3 Table 35.13.1 Land Use Cate ories/Classes A butting Us es/Buffer Requireme nt g M 7- E M ~ I ' - ( ~'tr E 'CVO ; p y ~ v N R p y O ii - U 'L U v E y v. ~ ~C2 U _ QC2 U Q U ~U ~U Single-Family Residential - Class 1 N 0 A © D All other Residential - Class 2 0 N A Q Agricultural/Livestock - Class 3 A A N N N Commercial/Institutional - Class 4 © © N N Q Industrial - Class 5 ;'Z ~ DD ` I N 0 N B. Types of Buffers: a. Type A: A 6-foot high opaque fence constructed of material authorized in this code. b. Type B: Ten (10) foot planted strip that includes a combination of 5 evergreen and deciduous trees and 30 shrubs per 100 linear feet. c. Type C: Fifteen (15) foot planted strip that includes a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet. d. Type D: Thirty (30) foot planted strip that includes a combination of 8 evergreen and deciduous trees and 20 shrubs per 100 linear feet. Note: 1. An alternative buffer may be provided with the authorization by the Director of Planning and Development or his or her designee if the proposed landscaping meets the intent of mitigating or minimizing potential nuisances, as described in the purpose statement in Section 35.13.8. Page - 3 Buffer Types (Not to scale) Type A Buffer 100 feet A 6-foot high opaque fence constructed of material authorized in this code. Type B Buffer 100 feet Ten (10) foot planted strip that includes a combination of 5 evergreen and deciduous trees and 30 shrubs per 100 linear feet. Type C Buffer 100 feet Fifteen (15) foot planted strip that includes a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet. Type D Buffer 100 feet Thirty (30) foot planted strip that includes a combination of 8 evergreen and deciduous trees and 20 shrubs per 100 linear feet. LEGEND - - - Property Line 0 0 _ _ _ _ _ _ Fence Canopy Tree Ornamental Tree Shrub Page - 5 C. Exceptions to Buffering Requirements. Buffer requirements that are internal to a development may be waived by the Director of Planning and Development or his or her designee when the affected site is: 1. part of a master planned development; 2. within a mixed-use development; or 3. within the boundaries of the Infill Special Purpose District as described in 35.7.14. Subchapter 35.13.9. of the DDC is amended to read as follows: 35.13.9 Perimeter Fences and Screening Requirements A. Perimeter Fences. Perimeter fences are not mandatory; however, when used, all perimeter fences or walls shall be constructed in compliance with applicable Code of Ordinance provisions, and are subject to the following additional requirements: 1. Perimeter Fence Materials. Perimeter fences shall be constructed of wood, wrought iron, masonry, brick, vinyl, PVC, or composite material, and shall be designed and constructed to allow proper drainage flow. The structural support members of wooden perimeter fences shall be located on the interior of the fence and shall not be visible from public view. Natural vegetative edge row is also permitted. 2. Security Fences. Barbed wire, razor wire or electrified fences may only be used when necessitated by an allowed agricultural or industrial use. 3. Fence Height. Fences constructed along rear and side property lines shall not exceed eight (8) feet in height. Fences that are constructed in front yards or forward of the front building line shall not exceed three and one-half (3 1/2) feet in height. 4. Fence Location. Fences shall not be located within any right-of-way, easement, designated fire lane, or within any required parking spaces. Fences shall not obstruct safe vehicular or pedestrian passage; ingresses or egresses; nor shall they obscure any sight visibility lines or sight visibility triangles. 5. Setback. Perimeter fences shall be set back at least ten (10) feet from the edge of right-of-way pavement or five (5) feet from sidewalks, whichever is greater. The measurement associated with the sidewalk shall be taken from the edge of the sidewalk that is closest to the property line or the edge of the sidewalk furthest from the centerline of the road. 6. Clear Visibility Area. A vision clearance area meeting the standards contained in the Transportation Criteria Manual shall be provided at all intersections. B. Screening. Screening is required for the following applications, as specified below: 1. Refuse Container Screen. Containers for commercial solid waste and recycling service shall be screened from public view. Materials used for container enclosure construction shall be of masonry, metal, wood, vinyl, or composite material and shall be maintained in a state of good repair at all times. Refuse containers which are not visible to the public are not required to be screened. All refuse and recyclable materials shall be contained within the screened refuse and recyclables area. Page - 6 2. Mechanical Equipment Screen. All mechanical equipment, including those on roof tops, shall be screened from all rights-of-way and residential uses or zoning districts. 3. Outside Storage. All outside storage shall be screened from all rights-of-way. 4. Inoperable or Junk Vehicle. Unless otherwise provided, all inoperable or junk vehicles that are stored outside an enclosed structure shall be screened from all rights-of-way. C. Exceptions to Screening Requirements. Screening requirements may be waived by the Director of Planning and Development or his or her designee if an opaque screening of equivalent height or greater exists immediately abutting, and on the opposite side of the lot line. Subchapter 35.23.2. of the DDC is amended to add or replace the following definitions: Master Planned Development: A development that comprehensively incorporates a combination of specific site design, site access, architectural, landscaping, buffering, screening and development design standards. Buffer: A strip of land that includes landscaping, fencing, walls, vegetated earthen berm, or any combination thereof. 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. Screening: A method of visually shielding or obscuring land-uses or structures via fencing, opaque buffer, or some other opaque physical barrier. Sections 16-129 "Fencing required", 16-130 "Characteristics of fencing", and 16-131 "Fence may include solid walls and doors" in Chapter 16 LICENSES, PERMITS AND BUSINESS REGULATION of the Denton Code of Ordinances are deleted in their entirety. Page - 7