1961-019 THE C~ 0FD~ON, T~, BY T~ ~ION O~ A ~ ~
C0~8~ 20N~G 0~~ E~LZ~G Z~O DIS-
SPACES, T~ D~S~ 0F PO~TION, ~ ~CATION ~D
USES OF BUI~GS, ~RU~S ~ ~ ~R T~, ~-
E~ION. CONST~ION, RECON~T~ION, ~TE~TION,
~AZR OH USE OF BU~ZN~, ~~ OR ~ ~H~
0F T~ C~ OF D~ON, T~S, ~ ~O~G A ZON~ ~P
SH0~G T~ A~U~ L~ATION OF SU~ DI~RI~SJ PROVID~G
~H~S OF ~RC~ FOR C~IFIC~ OF OC~P~ ~
OF ~~; P~VXDI~ ~T~S ~R VI0~I~S; PRO-
A SAV~GS CL~SEI ~ DE~RI~ ~ E~~ ~TE.
THE 00UNOZL OF THE CITY OF DE~TON HEP~EBY O~DAIN8~
SEC~!0N 1~ T~t A~ttcles 13.10 t~ou~ 13.29, ~nelusive,
o~ the Code of O~d~nanoes of the Clt~ of Denton, Texae, a~e
hemeb~ ~ded ~d eupplanted, fo~ the ~ose ~ adopt~ a
new and o~e~nsive zontn~ o~dlnanoe fo~ the Ctt~ of Denton,
Texae, which a~ll ~eafte~ ~ead aa followe, to wtt:
~IC~ 13.10 DEF~IONS
Certain wo~s ~n Pa~t II of thie Ch~te~ a~e ~e-
fine~ foe t~ ~pose hemeof aa followa~
(1) Wo~da used tn the p~esent tense ~nclude
the ~tu~e.
(~) Wo~ds tn the sin~la~ ~e~ ~nolude the
plural n~e~, ~d wo~ds in t~ plural
~e~ include the
(3) T~ wo~d "~ldtna" tneluees t~ wo~d
"st~o~e', the wo~d
the wo~d
(~) T~ ~o~d 'shall" is ~ndato~ and not
dt~oto~.
Cb) Aooesso~
The wo~d 'aooesso~' ~s a subordinate use
e~ ~ldin~ ousto~a~l~ ~ncldent to aed lo-
cated on the lot occupied b~
(c) Al!e.v
An alley is a way which extends only secondaz~
means of access to abutting property.
An apax, tment means a room ox. suite of rooms
in an apartment house or tenament arranged,
designed, or occupied as the x, esidenee of a
single family, individual or g~oup of in-
d ividual s.
(e) Apa~tms_nt R,ou,,,se
An apartment house is a building or portion
thereof a~ranged, designed or occupied by
three or more families living independently
of each other.
A boarding house is a ~uilding other than a
hotel where lodging and meals for five or more
persons are served for compensation.
(g) C~ustom~.z? Rome O.c.cupa. ti.ons
A customary home occupatio~ is an occupation
customarily carried on in the home by a mem-
ber of the occupant,s family without stzqActural
alterations in the building or any of its rooms,
without the installation of ~echinez~ or addi-
tional equipment other than that customary to
no~mal household operation, without the employ-
ment of additional persons, without the uae of
a sign to advertise the occupation, and which
does not cause the generation of noise, dis-
turbance or additional traffic in the street.
(h) ~e~th of
The dept~ of lot sh~ll be calculated as the
mean horizontal distance between the front
and rear lot lines.
(l) ,D,epth of Sear ,Yard
The depth of ~ear yard sh~ll be calculated as
the mean horiso~tal distance between the rear
line of a building other than an accessory
building and the center line of the alley where
an alley exists, otherwise the rear lot line.
(J)
A district shall mean a section of the 0ity of
Denton for which the regulations governing t~Ae
areas, height, or uses of buil61ags a~ uniform.
(k) ~el~ng. Multiple
A ~ltiple dwelling Is a ~l~ag uae~ ~ ~e-
sigme~ aa a ~est~eeee fo~ three ~3) o~ mo~e
f~llies or h~ae~olda living
of each other.
-2-
A one-famil2 8welling is a detaehed building
having accommodations for and occupied by
only one family.
A two-famll7 dwelling is a detached ~llding
hav~n~ separate accommodations fo~ and occu-
pie~ as, o~ to be occupied as a ~well~
o~1~ two families.
~roup h~se ~welli~gs are defaced or semi-
de~ached dwellings built on one (1) lot,
usually in opposing rows separated by a
wal~ay or court.
A famil7 ia one or more no~-t~analent pe~ao~s
living as a single, non-profit housekeeping
unit, as diatin~lshe~ f~om a ~oup
a club, boarding, lodging
a f~ate~ni~2, so~orl~y or g~p atu~e~ h~se.
(p) ~a~e~nl~,._S~_ror~ty o~ ~oup Student ~o~se
A bull~ing occupie~ by and ~lntained ex-
clusively for students affiliated with an
academic o~ p~ofessional college o~ um~ve~sitT,
o~ ~ecognize~ Institution of hi~e~ le~lng,
amd when ~e~lated by such lnatl~tion.
A fromt y~d is a~ ope~ an~ unocoupied space
om the s~e lot with a buil~ing, betwee~
bull~tng ~d t~e property line extending
across the f~ont of the lot.
~a~a~e. ~l~ate
A p~ivate garage la a garage.with capac for
not more t~an five (5) moto~ ~lven vehicles
for storage only and fo~ private uae.
A ~blic g~a~e la any p~emises not a p~lvate
garage, as tefined above, use~ for housing of
~e than t~ee (3) motor-d~iven ve~iclea
where any ve~icles are repaire~ for ope~ation,
o~ kept fo~ ~e~neratiom, hi~e or sale.
(t) ~a~e. Sto~a~e
A storage garage la say premises, except those
~efined as a p~ivate or ~blic garage, used
exclusively for the stora~ of automobiles.
(u) ~ross_F!oo~ Area
~he ~oss floo~ a~ea of an ap~t~eat h~se
shall be ~as~ed by t~lng outsl~e
of the apa~t~mt ~ilding at each floor level,
excluding, ~oweve~, the floor a~a of base-
~nta o~ attios not used for ~sl~ence pu~oses.
(v)
(1) ~he height of a building ca, poz, tion of a
building shall be raeasu~ed f~,oni the average
established ~a~e at the st~et lot li~e
ov f~om the ave~a~ natural ~m~ level
if hl~e~; or If no street ~ate has bees
established, to the hl~st poimt of the
roof's surface if a flat surface, to
deck line of ~nsa~d ~oofa, and to the
mean ~l~t level between eaves and ~ldse
fo~ hip o~ gable ~oofs.
(2) ~n measuring the heist of a ~ilding, the
following st~ot~es shall be excluded=
chi~eys, cooling towe~s, ~adio t~e~s,
o~na~ntal cupolas, do~s oP splPes,
elevatoP bul~eads, penth~sea, tanks,
wate~ to~e~s and p~apet walls not ex-
ceeding f~ feet in hel~t.
A hotel is a building occupied as a mo~e o~
less temporary abiding place of lndivLduals
~ho ~e lodged ~lth o~ ~lth~t ~als, ie ~hioh,
as a role, t~ ~oo~ ~e occupied singly fo~
hi~e, In which p~ovision is not ~e. de fo~ cook-
ing in an2 individual apa~ent, and In ~hich
the~e a~e more th~ 12 sleeping ~oo~, a public
dining ~oom fo~ the acco~odati~ of mo~e than
12 ~ests, and gene~al kitchen.
(x) Insti~tion
An lnstl~tion is a ~llding o~ buildings
occupied ~ a non-profit o~ganization or
co~po~ation, o~ any non-p~ofit establish~nt
fo~ such use.
(y) Kln~er~ten
A kinde~sa~ten Is a school for mo~ than
children of p~e-school age In which oonat~c-
tire endeavors, object lessons o~ help~l ga~s
a~e p~ominent features of the curriculum.
(z) Lod ln ouse
A l~ging h~se is a b~lding othe~ than a
hotel where lodging for five or ~e ps,sons
is provided fo~ co~ensation.
(aa) Lot
(1) A lot is land occupied or to be occupied
by a ~llding o~ its accessory buildings,
and including such open s~ea as ~e
~equl~ed unde~ Pa~t ~I of this C~pte~,
and having i~s o~iginal frontage upon a
public s~ee~ or officially approved place.
(~) A f~aot~onal lot Is a portion of a lot
that has been cut off a co,heP lot, having
the side line of an adjacent lot as its
~ea~ line, and the ~ea~ line of the
mainde~ of the corner lot as a side line.
(3) A f~on~ lot line is the o~nership line
of an interior lot ~hich is adjacent
t~ st~et; on corner lots a front lo~
l~.ne ~.~ the pz'olen~tion oX' the front
o#nex"shXp 1X~e o~ ~d~&oen~ Xn~e~Xo~
(~) ~n interior lot Xsa lot ot~ than a
A th~ou~ lot Ss a ~ot hav$.~
pa~a$lel streets.
(bb)
A co~.e~ lot ~s a lot sStuated at the
of two o~ mo~e streets and ~v[ns a wSdth of
no S~eate~ than 100 feet.
(oo) Lot L~nes
Lot l~nes ~e the p~ope~tz ownership l~aes
b~n~ a lot, as defl~ed heme~.
(dd) M~t_e~s, T~u~st ~o~ts
A ~tel o~ t~st c~t Is a ~ld[n~ o~ ~oup
of ~lldl~s desisned, a~ansed o~ used fo~
te~o~a~7 oocupanc7 hav~n~ acco~datlOns for
h~s~n~ o~ pa~k~ns auto~b~les ~n close p~ox~-
mit7 to ~e ~a~te~s occupied b7 the owne~ of
such auto~b~les and p~ovidin~ fo~ thee (3)
mo~e of such ~a~te~s.
Non-oonfo~nS use ~s a buildins o~ p~e-
mises occupied b~ a use that does not oonfoPm
to the ~e~lat~ons of the d~st~lot In which
It ~s s~ated.
A child~en~s nu~se~ Ia a place where mo~e
than six ch~ldPe~ ame left fo~ o~e.
The te~m open space ~ans the a~ea included
an7 si~e, ~ea~ o~ f~ont ~a~ o~ an7 u~occupXe~
space on a lot t~t Xs open and unobat~cted
to the s~, except ~o~ the o~dXnar7 projection
of cornices, eaves o? po~ohes.
(~) ~e~son
The te~m 'pe~aon' ~he~ used Xe P~t X~ of this
Chapte~ shall mean an~ natural pe~son,
tXon of pe~sone, p~tne~shXp, oorp~atXon
socXetT] and the tern 'pe~son' shall X~clu~e
both s~n~l~ and plural an5 shall include the
feminine and ~sculX~e
(ix)
~ place Xs an open unoccupied space on the lot
tRat ~a open and ueobat~oted to the s~ ~e-
ae~ed ffo~ the pu~oae of access to a~ttXn~
p~ope~ t~.
(JJ) ~Xvate Club
A p~Xvate c~ub is a~y buXl~Xn~, an~ ~elated
~oueds, used fo~ social o~ ~eo~eat~onal
poses an~ o~ne~ an~ operated b~ a p~ivate
non-profit institution ox. organization
use o~ ~ts ~e~s, ~ ~h~oh the general
public ~s excluded, and ~he~e ~o aotiv~t~es
a~e oa~ed on ~o~ p~of~t.
A ~ea~ 7a~d ~s a apace unoccupied except b7
a build,ns o~ acoesso~7 use as he~e~n
m~tted, extend~nS the ~ull ~dth oF the ~ot
~tween a bulldin~ othe~ than a ~ilding of
accessory use and the ~e~ lot line.
(11) Reverse~ P~onta~e
The te~ mevemsed frontage ~ans a portion
of a co~ne~ lot fronting the street which
was o~iginally platted as a side street.
C1) A side y~d is an open unoccupied space
on the s~e lot ~ith a building si~ated
between the ~ilding and the side line
of ~e lot and extending t~ou~ f~om
the street o~ f~om the f~ont yard to the
~ea~ line of the lot.
(~) Any lot line not a ~ear line o~ a
line shall be dee~d a aide line.
(nn) Stab!es. P~ivate
A p~ivate stable is a stable ~ith a capacity
fo~ not ~e t~n fou~ ho~ses, ~les o~ othe~
do~stic anl~$_ls.
(oo) 3tabl~s~ ~blic
A public stable Is a stable with a capacity
for mo~e than fou~ ho~ses, ~les or othe~
do~stic anl~ls.
(Pp)
A story is that port,on of a ~llding included
between ~e surface of any floo~ and the sub-
face of the floo~ next above it; o~, If the~e
be no floo~ above it, the space between such
floo~ and the ceiling next above it.
(qq) 3tot2. ~alf
A ~lf sto~2 is a story under a sable, hip or
g~b~el ~oof, the wall plates of ~hich a~e
at least t~o (2) ex~e~lo~ walls not mo~e than
t~o fee~ above the f~ont of such sto~y.
(~) ~t~ee t
The term street ~ans any public tho~fare
dedicated to the public and not desi~ated as
~ alley.
(ss) St~ct~al Alterations
St~ctu~al alterations ~e any change in the
suppo~tlng members of a ~ildl~ such as
be~lng walls, col~s, bea~ or girders.
-6-
A trailer park is an area designed, arranged
or used for the temporar? occupancy by auto-
mobile trailers and providing for one (1) or
more of such quarters, which a~e occupied or
intended for occupancy as temporary l~ving
quarte~s by i~dividuals o~ families.
(uu) Used Oa~ ~unk A~
The ~e~m used ca~ Junk a~ea ~ans a~
a~ea othe~ than a street, alley o~ place,
used fo~ dts~ntling o~ ~ecking use~ auto-
~biles, o~ fo~ the sto~age, sale o~ du~ing
of dism~tled or stocked ca~s o~ their pa~ts.
(vv) Width_of 3~de Yard
The ulSth of the side 2~d shall be calculated
as the moan horizontal distance between a side
wall of a ~ilding and the side line of the lot.
(a) ~rehensixe Plan
The p~pose of the ~e~latioms p~ovided
Parts II ~d III of this Chapter is to zone
tB~ entire City of Denton, Texas, into dis-
tricts aa provided by Articles lolls to and
including lOllJ of C~pter ~, Title 28 of the
Revised Civil Statutes of the ~tate of Texas,
1925, as a~nded, in accor~amce with a com-
p~ehemsive ~ste~ plan fo~ the purpose of p~o-
~tieg the health, s~ety, morals, an~ the
general welfare of the general public in the
City of Denton, Texas.
They have been designed
(1) lease, co~gestion in the streets;
(2) sec~e safety from fire, panic, and othe~
dange~;
(3) provide ade~ate ll~t and air;
(~) prevent the overcrowding of land;
(5) avoid undue conce,t~ation of population;
(6) facilitate the adequate p~ovisions of
transportation, water, sewerage, schools,
parks, and other public ~equi~ements.
(c)
They have been ~de with tease,able considera-
tion, among other things, for the character
of the district an~ fo~ its particular sulk-
ability fo~ pa~ticular uses, and with a view
to conserving the value of buildings and en-
couraging the most appropriate use of the
land th~ou~t the City of Denton, Texas.
A~ XC~E 13.12
~h~ ~lt~ o~ ~enton In h~b~ divided into nine
(9} classes of use dist~icts, termed ~espective-
(1) "R" - D~elling District.
(2) "D" - Dwelling District.
(3) "A-i" - Dwelling District.
"A-2" - Dwelling District.
'tLR" - Local Retail District.
(6) "LB" - Local Business Dis~ic~.
(7) "B" - Bus,ness
(8) "LZ" - Ligh~ Indus~l~ ~ts~i~.
"HZ" - Heavy Industrial
A~IC~ 13.1~ ZON~ ~P O~ T~ C~Y 0~ D~, ~S,
1961.
(a) Es~ablis~n~__ ...,~- .. and. A~p~io~ .o.f
The boundaries of ~he varies districts set
forth In Article 13.12 are hereby establis~d
and adopte~ as the sa~ a~e sho~n on t~ "Zoning
Hap of the City of_Denton. Texas'*, ~hich is
hereby adopted as F~t III of Chapte~ 13 and
~hioh is ~eby ~de a pa~t of P~t II of this
Chapter as ~lly as if t~ sa~ ~ere set forth
herein. The Zoning Map of the City of Denton,
Texas, s~all be and the s~e la hereby adopted
In one o~iginal and three duplicate ~ps to be
designated by title accordin~2, each of which
shall be~ the s i~ature of the Mayor and the
attestatioa of the City Secretary for identifi-
cation and authentication, and the sam~ shall
bea~ even date with the final passage of this
ord inance.
(b) Use of Zoni,g Maps
(1) The Original Zoning Map of the City of
~nton, Texas, 1961, shall be displayed
in the office of the Clt2 Secretary in
the Municipal Buildimg of the City of
Denton, Texas.
One ~plicate Zoning Map of the City of
Denton, Texas, 1961, s~ll be displayed
in the office of the Di~cto~ of Planning
of the City of Dentom, Texas.
(3) One ~plicate Zoning Map of the City of
Dentom, Texas, 1961, shall be displayed
in the office of the Building Inspector
of the City of Denton, Texas.
(~) The ~e~ining ~plicate Zoning Map of the
City of Denton, Texas, 1961, shall be dis-
played in ~e City Council meeting room
fo~ the use and benefit of the public.
(c) A~nd~n~s to .the Z.oni,~ Map
DentOn, Texas. 19~1.
(1) It shall be the duty of the Director of
Planning of the City of Denton, Texas,
to keep the O~iginal and ~plicate Zoaimg
~aps of the City of Denton, Texas, 1961,
listed in Article 13.1~ (b) ~1) t~ou~
-8-
ds~e ~nd ~o ~nd~o~e m ~he s~d raps
~he D~eo~o~ o~ ~l~nn~nS s~l no~e on
such ~p ~he o~din~$e ~mbe~ ~nd ~he
o~ p~ssaSe o~ ~he o~d~n~noe ~u~ho~nS e~oh
such o~nSe o~
(2) ~n ~he even~ of a conflic~ between the O~lS-
inal Zoning Map of +he Cl~y of Denton, ~exas,
1961, and any ~pltcate Zoning Map of the
Cl*y of Denton, ~exas, 1961, the Original
Zoniag Hap shall be conclusively p~esu~d
to s~w *he official b~nd~ies of ~he dis-
~ric*s designated ~hereon.
~I~ 13.1~ ~U~TIONS AP~IU~r.~ TO ALL D~TRIO~S
The following Pe~la~ions s~ll apply to all Dis-
tPicts listed i~ APtXcle 13.12, and as he~ei~aftep
defined in Pa~t II of this Chapte~:
No building or st~ctuPe sh~ll be ePected, Paised,
moved, placed, extended, enlamged, co~ve~ted, con-
st~oted, Peconst~c~ed, oP st~ct~ally altered,
excep~ l~ co~fommity with the Pe~latioos
scribed o~ designed to be used or occupied for
any ~poses other than peP~itted by these
lations l~ the district in which such building,
st~ctu~e o~ land is si~ated.
No building or st~oture shall be ePected, ~aised,
cons~oted, extended, enlaPged, Peconst~c~ed
st~c~u~ally altemed so as ~o extend ~he heist
limi* establ~s~d by Part II of this C~pte~ fo~
~he district In which such building or st~ctu~e
is situated.
No lot shall be reduced or diminished so that the
2aPds oP other open spaces s~11 be s~lleP
prescribed by P~t II of this Chapter; no~ shall
the density of populatioo be lncmeased i~
man~eP except t~ conformity with the aPea
lations hePein established. No side yard aPeas
fop a b~lding shall be included as a pamt of
the ~equired a~eas of any otheP ~ilding. No
pa~king a~ea, pa~k~ng space o~ loading space
which exists at the time these Pe~latio~s
coms effec~ive or which subsequent thePeto is
pPovided for *he purpose of complying with
II of this C~pter shall thereafter be relinqu~sh-
ed or reduoo~ in any man~e~ below the PequiPe-
ments established by P~t II of this Chapter;
eve~ building hereafter ePeoted shall be located
o~ a lot as hePein defined, and tn no case s~ll
thepe be mope t~n one building o~ use on one
lo~, except as hereinaftep provided.
A~IOLE 13.13 "R" - D~L~G DI~RI~
The following re~latioos shall apply in all "R" -
Dwelling Dis~icts:
(1) One f~lly dwellings.
(2) ~blio paPks, play~ouods, churches, public
oP denominational schools (ele~nta~, Junior
hi~ a,d hi~ schools), colleges and u~ive~
sities.
(3} Railway rights-of-way and tracks, passen,
get stations, but not including switch or
storage yards o~ team t~acks.
(4) Oolf courses (excluding, however,
th/re golf courses and driving ranges
operated for comme~olal purposes}.
(5) Famas, t~uck ~ardens, o~ch~ds o~ nurseries
for the g~owing of plants, s~bs and t~ees,
p~ovided ~o retail or wholesale sales ac-
tivities are conducted on the premises, and
p~ovided that no livestock o~ p~lt~y othe~
than h~sehol~ pets s~ll be h~sed o~ ~e-
rained within one hundred (100) feet of
any proper~ line.
(6) Accessory buildings, including a p~lvate
garage and secant quarte~s, when located
fSo)
not less t~n et~ty fee f~om the
front p~ope~t2 line nor less than six
feet from ~y othe~ p~ope~ty line, p~ovided
that said accessory buildings s~ll not
~cupy in excess of fifty ~0) percent of
the mini~ required ~ea~ yard in the case
of a one-sto~ ~llding or forty (~0) per-
cent of the mini~m ~e~ired re~ yard
the case of a two-story building. ~o such
sePva~t quaPtePs, however, shall be leased
or rented to anyone o~her t~n to
f~il2 of a bona fide servant giving more
tham fifty (50) percent of said servant,s
t~me to the f~ily occupying the premises
to which the se~ant,s house Xs an accessory
building. No accessory ~ilding in ~his
district s~ll be used for co~e~clal
purposes (the te~ "co~cial purposes"
shall include part-tim~ business).
(7) Custody ho~ occupatioms.
(8) Installations of telephone co~anies, either
publicly o~ p~ivately owned; fi~e s~a*ions;
sewage lift stations, t~ansfo~e~ s~ations,
and t~ansmission lines for all public
utilities, either privately or ~bllcly
o~e~.
~nd itional_ US~s
The following uses ~y be permitted in the "R" -
Dwelling District o~ly under Conditio~al Use
Permits granted in the ~n~r specified In
Article 13.~:
(1) Al~orts or aircraft landing fields and
airport facilities.
(2) ~blic buildings for usc by City, County,
S+'*e o~ Federal Governmon~s.
day nurseries and kinder~tens on sites /
of one (1) acre o~ more.
(~) Radio and television broadcasting and t~ans-
mitring stations, microwave or line-of-si~t
tPansmission stations, static tPansfoPmer
an~ booster stations, and other ~blic
utility service uses when necess~y due to
operating re~ire~nts.
- 10 -
d
(~) ~nstitutions of a ~el~gious, eduoat[onal
or philanthropic nature.
(~) Athlet~o stadiums~ commel~cial amusement
enterprises of a temporar2 nature s~uoh
as circuses, c~nivals, miaiatu~e golf
c~ses, d~iving ~ges, minia~re t~ain
and pony ~ides, and ~odeos; athletic
fields.
(7) Riding academies, public stables and
t~acks on sites of five (~) ac~es
~o~e.
(8) ~blioly o~ privately owned u~lli~
installations including water ~eservoirs,
pu~ stations, ~ateP to, eps and a~tesia~
wells.
(9) P~ivate clubs and co~nity buildings
o~ed and operated by non-p~ofit o~gaei-
zatio~s on sites of three ~3) acres
(10) Mobile home p~ks o~ trailer courts
si~es of five (%) ac~es or
(11) Hospitals, child~en.s ho~s, ~es~ ho~s,
convalescent ho~s, a~d hom*s fop ~e a~d
on sites of five ~5) ac~es-'-~ mo~e.
(1~) Ho~s for the feeble minded, or fo~ the
treat~nt of narcotic addiction, insanity
or alcholism on sites of t~eaty (20) acres
(13) Planned Residential Develop~n~s.
(1) ~ront Yard The~e shall be a f~ont yard
~~ stickle in the "R" -~elling
District havin depth of not less t~n
twenty-five ~)afeet from the f~ont prop-
e~y line to the face of the building.
No cove~d poPeh, eove~e~ tek,ace,
attache~ accesso~ ~ilding sh~l project
into any ~equired f~ont yard space.
(~) Rear Y~d The~e sh~l be a ~ea~ yard fo~
~ctu~e in ~he "R" -D~elling
District ~hich shall ~ve a depth
less tha~ twenty-fi~ (25) feet ~asu~ed
f~om the back of ~he structure to the ~ea~
p~ope~ty line; provided, however, t~t
~he~e such rear yard abuts an alle2,
~equi~ed ~ea~ ya~g ~y be measured
the cen~er line of such alley.
(3) S~ y~ds There shall be t~o (2) side
2~s Fo~ each s~mctu~e in the "R" -
D~elling Dis~ric~, one on each side of
such s*~ctu~e. No side yard shall
less than six (6) feet measured
~he side property line to the side of
~ s~c~re and no covered porch, cover-
ed ~e~race o~ attached accessory building
- 11 -
shall project into any required side
space. All required side yards shall be
open and unobstx, ucted except fo~ fences and
for ordinemy projections of sills, belt
courses, cornices, etc.; but in no case
shall any such projection exceed 2/$ inches.
(For special regulations on reversed front-
age, see Article 13.22.)
R The minion a~ea of any lot used
"- ~elling District s~ll ~e
6,000 squ~e feet.
(%) Lo~ Width The mini~m lot width s~ll be
sfk~7" { 60) fee~.
(6) Lo~ Oove~a~e ~he combined a~ea of ~he
b~itX~g a~B accessory ~xildings s~ll no~
cove~ mo~e than fo~t7 (~0) pe~oen~ ~ the
total area of any lot in the "R" - Dwelling
District.
(d)
No building in the "R" - Dw~llingDistrict s~ll
exceed the height of thi~y five (35) feet or two
and one-~lf (2}) stories, p~ovided, however,
t~t one-family dwellings in the "R" -Dwelling
District ~y be increased in ~i~t b2 not mo~e
than ten (10) feet when two side yards of not
less t~n fifteen (15) feet each are provided;
and p~ovided ~ther that, when pe~tted, public
o~ semi-public buildings, hospitals, san~t~iums
or schools ~y be erected to a ~i~t not ex-
ceeding seventy-five (75) feet when the front,
side and rear yards a~e each increased an ad-
ditional foot for each foot such ~ildings ex-
ceed thirty-five (3%) feet.
(e) P~kin~ ~ace
T~re s~ll be p~ovided tn connection with every
use permitted In the "R" - Dwelling District,
off-st~eet p~king space in acco~d~ce with the
provisions of Article 13.23.
A~IC~ 13.1~ "D" - D~G DI~RICT
The following re~lations shall apply in all "D" -
D~elltng Districts=
(1) Any use permitted wither a Conditional
Use Permit In an "R" -D~elling Dis~rict.
(2) Two-f~ily dwellings.
(3) Accessory buildings (as defined in Article
13.13 (a) (6)).
(~) Customar7 ho~ occupations.
(5) A one-family garage apart~nt Is pe~itted
when located not less than el~t2 (80) feet
from the front lot line, no~ less than five
(5) feet from either side line, provided,
- 12 -
however, that all accessory build,rigs
including the one-family garage apartment
s~ll not occup~ ~n excess o~ ~fty
percent of the m~n~m ~e~$~e~ ~e~ ya~
in the case of a one-sto~ ~$l~n~ o~
fo~t7 (~0~) percent in the case of a two-
sto~y ~ilding. A one-f~ily garage apart-
ment shall not be permitted In conjunction
with another dwelliag on the same lot de-
signed for ~ee than one-family.
(b) ~,~nd i~on~l ~ses
Any uses pe~mitted ~ Conditional Use Permits
in the "R" - ~elling District ~y be permitted
in the "D" -D~elling District in the ~nae~
specified in A~tiole 13.2~.
(c) Ar~.~ Re,iterates
(1) P~ont Yard The~e s~ll be a front y~d for
~ve~ s~ct~e in the "D" -D~elling District
having a depth of not less than t~enty-five
(25) feet f~om the property line to t~ face
of the building. No cove~ed po~ch, oovered
terrace, o~ attac~d accesso~ ~ilding
s~ll project into any ~equi~ed f~ont yard
space.
(~) R~ ~aed There shall be a ~ear y~d for
~ve~ s~ct~e in the "D" -D~elling
District which s~ll have a depth of not
less than t~enty-five (2%) feet ~asueed
f~om the back of the st~ctu~e to the
p~operty line, provided, however, t~t
where such ~e~ y~d abuts an alley, the
~equi~ed ~ea~ yard ~y be ~asu~ed from
the center line of such alley.
(3) Side Yards The~e shall be t~o (2) side
yaPds fop each st~cture in the "D" -
Dwelling District, one on each side of
such stickle. No side yard s~ll be
less than six (6) feet measured from
the side p~operty line to the side of the
st~otu~ ~d no covered poPch, coveeed
terrace o~ attached accessory building
shall p~oJect into any required side yard
space. Ail ~equired side yards shall be
open and unobst~cted except for fences
and fo~ ordinary p~oJections of sills,
belt c~rses, cornices, etc.; but in no
case s~ll any such p~oJection exceed
twent2 four (2~) inches. (For special
~e~lations on reversed frontage, see
Article 13.22.)
Lot~rea The minion area of any lot used
In the "D" - ~elling District shall be
6,000 square feet.
(5) Lot ~idth The mini~ lot ~idth shall be
~) feet.
(6) Lot Cov~ The combined area of the
accessory ~ildings shall not
cover mo~e than forty (~0) percent of the
total a~ea of any lot In the "D" - Dwelling
District.
- 13 -
No building in the "D" - Dwelling District shall
exceed the height of thirty'five (35) feet or
two and Ohs'half (2~) stories, however, one
family dwellings may be increased in height
not more than ten (10) feet when two Side yards
of not less than fifteen (15) feet each are
provided. In the "D" - Dwelling District, pub-
lic or semi-public buildings, hotels, hospitals,
sanitariums, or schools may be erected to a
height not exceeding seventy-five (75) feet when
the front, side and rear yards a~e each increased
an additional foot for each foot such buildings
exceed thirty-five (35) feet in height.
(e) Pa~kin~ Space
There shall be provided in connection with
ever? use pe~ltted in the "D" - Dwelling
District, off-street parking space in accord-
ance with the provisions of Article 13.23.
ARTICLE 13.15 "A-i" - D~.T. ING DISTRICT
The following regu.lations ~hall apply In ali "A~i" -
D~elling Districts.
(a) Uses P_emuitted
(1) Any use permitted without Conditional
Use Pex~uit in any of the foregoing dis-
tricts.
Children,s ~urseries
when housed wholly in a private residence,
the principal use of which is the operator,s
private dwelling.
(3) Librar£es and ~_~_seums.
(~) Multiple dwelling for not more than six
family units.
(5) Apartment houses containing not more than
six family units.
(b) Conditional Uses
The following uses may be permitted in the
"A-i" - D~elling District only under Conditional
Use Permttsgranted in the manner specified in
Article 13.2J$:
(1) Any uses pe~ltted by Conditional Use
Pemuits in the "R" and "D" -D~elling
Districts which are not pemuitted un-
conditionally in the "A-i" - Dwelling
District.
(::') Private clubs and communit2 buildings
owned and operated by non-profit organi-
zations.
(3) Mobile home parks or trailer courts.
(o) A~ea R~ec~ul~ements
(1) Front Yard There shall be a fl, oct
For every structure in the "A-i" -Dwelling
District ~ving a depth of not less
twenty-five (2~) feet f~om the property
line to the face of the building.
cove~ed po~ch, covered terrace, o~ attached
accessory building s~ll p~oJect into any
~equl~ed f~ont y~d space.
(2) Rea~ Ya~d There shall be a ~e~ y~d for
very s~cture in the "A-i" - ~elltng
District ,hich shall have a depth ~ not
less than twenty-five (2~) feet measured
f~om the back of the st~ctu~ to the ~e~
property line; p~ovlde~, however, that
where such rea~ yard abuts ~ alley, the
~equi~ed ~ear yard ~y be ~asu~ed f~om the
cente~ line of such alley.
(3) Side Yards There s~ll be two side yards
[o~ eac~ st~cture in the "A-l" -~elling
District, one on each side of such stickle.
No side yard shall be less than six ~6} feet
measured f~om the side p~operty line to the
side of the st~ctu~e and no cove~ed porch,
cove~ed terrace o~ attached accessory buildiag
shall project into any ~equi~ed side y~d
space. Ail required side y~ds s~ll be
open and unobst~cted except for fences ~d
for o~na~y projections of sills, belt
shall an~ such p~oJect~on exceed t~enty-
fou~ (~) inches. Fo~ the ~ose of side
yard ~e~lations, t~o or more detached one
o~ t~o family dwellings shall be considered
as one building ~hen occupying one lot;
provided, ~ever, the~e s~ll be a
of ten (10) feet between the sides of
~ildings on the sa~ lot. In the case of
group houses o~ co~ t spirants, ~hen
~ildimgs ~e~ upon the side yard, the
~idth of the side y~d s~ll be increased
by one foot for each building o~ apartment
abutting thereon. If any stai~ay opens
onto o~ is served by such side yard, ~he
minl~m width of such side yard shall be
ten (10) feet.
(~) Lot Area The mini~m a~ea of any lot ~ed
~ling pu~oses shall be six thousand
(6,000) squ~e feet; p~ovided, however,
In the case of apa~t~nt houses or ~ildings
a~anged o~ designed fo~ more than t~o fami-
lies, the minl~m ~ea shall be six thousand
(6,000) square feet plus seven hundred (700)
square feet for each f~ily in excess of ~o.
The m~i~ w~th of a~ lot use~ fo~
~well~ p~poses sh~l be s~xty (60) feet.
(6) Lgt ~gvem~e The oo~e~ ~ea of ~he
oove~ mo~e than fo~t~ (~0) pe~oe~t of the
Dist~Xct.
- 15 -
(d) l~_ei~t Limit No building in the "A-i" - Dwelling
District '~hall exceed the height of thirty-five
(3%) feet or two and one-half (2~) stories, how-
ever, one family dwellings may be increased in
heist no* ~e than ten (10) feet when two side
yards of not less than fifteen (1~) feet each a~e
p~ovided. In the "A-l" - ~elllng District,
public or semi-public buildings, hotels, hospi-
tals, samita~iums, or schools ~ be e~ected to
a heist not exceeding seventy five (7%) feet
when the f~ont, side and ~ea~ yards ~e each
inc~eased an ad~itional foot fo~ each foot ~ch
buildings exceed thi~ty-five (3~} feet in heist.
(e) ~ There shall be p~ovided in connec-
· Xon wl~h
eve~ use pestered ~ ~he "A-l" -
Dwelling District, off-st~ee~ packing space tn
accordance ~lth the provisions of A~icle 13.23.
A~ZC~ 13.16 "A-2" - D~G DZ~RICT
The following ~e~latlons s~ll apply in all "A-2" -
~elling Dtstriots~
(a) ~pes ~e~tte~
~1) Any use permitted ~ith~t Conditional Use
Permit. in ~y of the foregoing districts.
Boarding or lodging houses.
(3) Hospitals and clinics (excepting tube~cul~
and vete~ina~) and hospi~als and clinics
fo~ She treat~at of alcoholic, neurotic,
insane, feeble minded or narcotics-addicted
patients.
(~) Notels ~n ~hich business ~y be conducted
for the sole convenience of ~he occupants
of the building; p~ovided, however, that
the~e s~ll be no e~t~ance to any such
place of business except from the inside
of the building; ~tels.
(~) Multiple d~elllngs fo~ more ~han six family
units.
(6) Apar~nt h~sea for more t~n six f~tly
units.
(7) Private clubs, fraternities, sororities,
~oup s~dent h~ses, lodges; excepting,
ho~eve~, any of such uses of ~hose chief
activities a~e custo~rtly ca,tied on as
a busi~ess.
(8) Kindergartens; private schools teaching
similar subjects as are taunt in elementa~
schools, provided the ~ullding, or buildings
a~e set back from all required yard lines
t~o (2) feet for eve~ foot of building
height and p:ovlded all off-street parking
facilities consistent ~ith requl~e~nts of
the use are p~ovided on the site. Zn the
instance of private schools and kinder-
gartens, a mini~m building a~ea of thirty
30) square feet p~ student and a minion
site ~ea of ~o hundred (200) square feet
pe~ student shall be provided.
- 16 -
(b) ~oad.i,tional Users
Any uses permitted by Conditional Use Pemuits
in the "R", "D" and "A-l" Dwelling Districts
may be permitted in the "A-2" -Dwelling Dis-
trict in the manner specified in Article 13.~2~,
unless such uses are permitted unconditionally
in the "D" or "A-i" Dwelling Dist~cts.
(c~ Area ~equi~e~ts.
(1) Front Yard There shall be a front yard
~st~cture lm the "A-2" -Dwelling
District having a depth of not less than
twen~-five (25) feet from the property
line to the face of the ~ilding. No
covered porch, covered terPace, or attached
accessory building shall project into any
required fmont yard space.
(2) Rear Yard There shall be a rear y~d for
~ve~ '~'%~c~ in t~ "A-2" -Dwelling
District which s~ll have a depth of not
less than twenty-five (25) feet measured
from the back of the structure to the rear
property line; provided, however, that
whe~ such ~ear yard abuts an alley, the
required rear yard ~y be measured from
the center line of such alley.
(3) ~ide Yards There shall be two side yards
=~b each st~c~re in the "A-2" - Dwelling
Dist~ict, one on each side of such st~ctu~.
No side yard shall be less than six (6) feet
measu~d from the side p~opemty line to the
side of the st~cture ~d no covered porch,
covered terrace or attached accessory building
s~ll project into any required side yard
space. Ail required side y~ds shall be
open and unobst~cted except for fences and
for ordinary projections of sills, belt
c~Pses, ooP~ices, etc., but i~ ~o case
shall any such projection exceed twenty-
f~r (2~) inches For the purpose of side
yard re~lations, two or mo~ detached one
or two family dwellings shall be considered
as one ~ilding when occupying one lot;
provided, ~wever, there shall be a mini~m
of ten (10) feet between the sides of the
~ildings on the sa~ lot. In the case of
group houses or court apartments, when
buildings rear upon the side y~d, the
width of the side yard shall be increased
by one foot for each building or apart~nt
a~tting thereon. If any stai~ay opens
onto o~ is se~ed by such side yard, the
mini~m width of such side yard shall be
ten (10) feet. ~ere a ~ilding Is erected
or st~cturally altered for dwelling pur-
poses for buildings ~re than three (3)
stories tn heist, but no~ exceeding eight
(8) stories in heist, each of the two side
yards shall be increased one foot In width
for each additional story above the third.
Fo~ dwellings more than ei~t stories or
one hundred (100) feet in height, the front,
side and rear y~ds shall be increased an
additional foot for each foot such buildings
exceed one hundred feet in heist.
- 17 -
(4) Lot Area The minimum a~ea of any lot used
f'ordw~lllng purposes shall be six thousand
(6,000) squame feet, provided; however, that
In the case of apartment houses or buildings
arranged c~ designed fo~ mo~e tha~ two
f~lies, the mtni~m area shall be six
thousand square feet plus seven hundred
(?00) squ~e feet for each family in excess
of two.
(5) Lo~ W~.}h The miriam width of any lot used
~ ~wellin~ purposes ~hall be sixty (60) feet.
(d) Space
Theme sh~l be p~ovided in connection with evemy
use pe~tted in the "A-2" -Dwellin~ Dlst~ict,
off-street parkin~ space in accordance with the
p~ovisions of Article 13.23.
~IC~ 13.17 "L~" - LOCAL ~AIL DISTRI~
The following re~lations shall apply In all "LH" -
Local Retail
(a) Usps Permitted
(1) A~y uses ~rmitted wither Conditio~al Use
Permit in the "R", "D", "A-l" o~ "A-2"
~elli~ Districts.
(2) Banks, offices, studios, postal stations.
(3) Restaurants, or cafes when operated ex-
clusively within an enclosed ~lldi~ and
not includin~ drive-in services.
Pick-up stations for p~essin~, cleanin~ and
laundry.
(5) aetail stores such as ~oce~, d~, appliance,
v~iety, b~e~ sales, shoe ~epai~, flowers,
apparel, barber shop, beauty parlor, a~d
othe~ shops for custom work o~ the ~king
of amticles to be sold at retail on the
p~emises; provided, that no "secondhand
~ood s" store
the "LR" - Local ~etail District.
(6) Antique shops, a~t gallery, books or sta-
tio~emy stove.
(7) Candy, cigars and tobacco, ~etail sales o,ly.
(8) H~dwave, spovtin~ goods, paints a~d wall
paper.
(9) Professional offices for architects, attorneys,
e~6i~eers and real estate.
(10) Sales and display of china, a~t objects,
~lasswame, draperies and cloth
(11) Washate~la equipped with and using ~lly
auto, tic washin~ and d~ying machiues where
customers ~y pe~sonall~ supe~ise the
washing and d~ying of lau~d~, provided no
washin8 machine shall have a capacity
excess of twenty (20) pounds and no dryer
o~ extractor shall have a capacity in excess
of sixty (60) pounds, and that the segregate
~be~ of machines of all t~es used s~ll
~ot exceed twenty-five (25). No dry cleaoin~
o~ pvessin~ equipment o~ facilities shall
be pe~mitted.
- 18 -
(b) Con tional Uses
Any uses pen~itted by Conditional Use Permits in
the "R", "D", "A-l" and "A-2" - Dwelling Districts
may be permitted in the "LR" - Local Re,ail Dis-
trict in the manner specified in Article 13.2~,
unless such uses are permitted unconditionally in
the "D", "A-l" or "A-2" -Dwelling Districts.
(c) Are a_ Re Qu~rem.e.n ts~
(1) F~ont Yar~ There shall be a fro~t yard fo~
~veby st~cture io the "LR" -Local Retail
District having a ~epth of not less than
twenty five (25) feet from the property line
to the face of t~ ~il~iag. No covere~
porch, covered terrace or attache~ accessomy
building shall project into a~y front yar~
space.
(2) Rear Y~ The~e shall be a rear y~ for
~ve~"~t~cture in the "L~" -Local Retail
District which shall have a ~epth of not
less than fifteen (15) feet; provl~e~, how-
ever, that where such rear yar8 abuts an alley
t~ ~e~i~e~ rea~ ya~ ~y be measu~e~ f~om
the cente~ line of such alley.
(3) Si~e Ya~s No si~e yar~s are require~ in the
~al Retail District except In in-
stances where a building is erecte~ or stsc-
rurally altere~ for 8welling purposes,
which cases, there shall be two (2) si~e yar~s,
one on each si~e of the ~il~ing, of not less
than s~ (6) feet fo~ each sl~e. If D~operty
In the "LR" - Local Retail District Is not
use~ for ~welling purposes, ~t abuts upon
the si~e of a lot zoned for ~welling ~lstrict
purposes, there s~e!l be allowe~ a minima
space of twelve (12) feet in width between
buil~ings; proviSeO, however, that the si~e
y~ of the p~ope~ty zone~ for "LR" - Local
~etail District shall not be require~ to
excee~ six (6) feet.
(4) Lot Area The mini~m a~ea of any lot use~
~ling ~rposes shall be six thousan~
(6,000) squame feet; provlde~, however, that
In the case of ap~t~nt houses o~ buil~ings
arrange~ or ~esigne~ for ~re than two.
families, the mini~m a~ea shall be six
thousan~ square feet plus seven hun~re~
(7OO) square feet for each family In excess
of two.
(5) Lot Width The minima width of any lot use~
~or ~w~liing p~poses shall be sixty ~60) feet.
(~) ~!~t Limit
No buil~ing io the "LR" - Local Retail District
shall excee~ the heist of thirty-five (35) feet
o~ two a~8 o~e-half (2}) stories, however, one
family 8wellings may be inc~ease~ i~ heist not
more ~han ten (lO) feet when two si~e y~s of not
less tha~ fifteen (15) feet each are proviSe~.
the "LR" -Local Retail District, public o~ semi-
public buil~ings, hotels, hospitals, sanitariu~,
or schools ~y be erected to a heist not exceeding
seventy-five (75) feet when the f~ont, sl~e o~ rea~
yar~s are each increaseO an ad~itional foot for
each foot such bull~lngs exceed thirty-five {35)
feet i~ heist.
(e) Parking S~ace
The~e shall be provided in connection with evemy
use permitte~ In the "LR" - Local Retail Dist~ict
off-street parking space in accordance with the
provisions of Article 13 23.
(f) 0ut. s.i. de Displays of M~erchandise Prohibitg~d
There shall be no outside display of merchandise
in connection with any of the permitted uses
within the "LR" - Local Retail District.
ARTICLE 13.18 "LB" - LOCAL BUSINESS DISTRICT
The following regulations shall apply in all "LB" -
Local Business Districts:
(a) Uses P_erm.i. tted
(1) Any uses permitted without Conditional Use
Permits in the "R", "D", "A-l" or "A-2"
Dwelling Districts or the "LR" -Local Retail
District.
(2) Auto sales and repair work; provided, that
storage facilities shall be purely incidental
to the principal use, and provided further,
that the area allowed for the repairs of
cars shall be within an enclosed building.
(3) Retail stores such as supermarkets, restau-
rants, cafes, delicatessens, drive-in food
and drink stands, department stores, and other
shops for custom work or the macing of
articles to be sold at retail on the pre-
mises; provided, that no "secondhand" goods
store or yard shall be permitted in the
"LB" - Local Business District
(4) Bakery, washateria, cleaning, pressing and
dying shops.
(5) Mortuary, greenhouse, or nursery office.
(6) Hotels, medical and dental clinics, veteri-
nary clinics (provided animals are not kept
over night).
(7) Public auto storage gax~age.
(8) Gasoline filling station (providing major
repairs on automobiles shall be performed
within an enclosed building).
(9) Theatres, moving picture shows, bowling
alleys (within an enclosed building~
(10) Wholesale office and sample room.
(11) Job printing.
(12) Frozen food locker, retail.
(13) Auto laundry without heating and steam
cleaning facilities, and without boiler,
and in which all washing operations are
performed within a building.
(14) Auto repair garage where all work £s per-
fo~med within a building, and not including
the open s*orage of trucks, trailers or vans.
(15) Seat cover sales and installation.
- 20 -
(16) Furniture repair and upholstering (retail
only) and where all display and storage is
conducted within an enclosed building.
(17) Catering and wedding service; camera shop;
curtain cleaning shop; electrical goods,
retail; film developing and printing.
(18) Electrical repairing of domesti~ equipment
and autos (retail only).
(19) Exterminating company.
(20) Electrical goods (retail only).
(21) F~x-it shops, bicycle repairs, lawn mower
sharpening, saw filing and tool sharpening
(retail only and only within an enclosed
build ing)
Letter service and mim~ograph shop.
(23) Office furniture equip.~ent, household and
furnishings and appliances (retail only).
(2~t) Jewelry, photographic supplies, and optical
goods (retail only).
(2~) Garden store, including retail sales of
seed, small tools, and gardening equipment.
\
(26) Musical instruments (retail~only).
/
(27) Any retail sales use which/is not p. ermitted
in any of the preceeding D~stric*s, provided,
however, that all items fq/r sale are dis-
played en*irely within an enclosed building;
and provided further, that such use is not
noxious or offensive by reason of the emis-
sion of odor, dust, gas fumes, noise or
vibra*ion and that no type of manufacture
or treatment shall be permitted on any pre-
mises in the "LB" - Local Business District
other than the manufacture of products
clearly incidental to the conduct of a re-
~ail business on the premises.
(b) ConDit.ional ~ses
Any uses permitted by Conditional Use Permits
in the "R", "D", "A-I" and '*A-2" - Dwelling
Districts or in the "LR" - Local Retail District
may be permitted in the "LB" Dis~rio* in *he
manner specified in Article 13.24, unless such
uses are permitted unconditionally in the "D",
"A-l" or "A-2" - Dwelling Districts or in the
"LR" - Local Re,ail District.
(c) A.~'ea Requi_~ements
(1) Front Yard If any building is erected
or-s~ruc~urally altered for dwelling pur-
poses in the "LB" - Local Business District,
a front yard of no~ less than twenty-five
(25) feet in depth is required Otherwise,
no front yard is required in the "LB" -
Local Business District; but any building
on any property (except where used for
residential purposes) shall be set back
thirty (30) feet from the center line of
the stree~ fronting the property, except
that in the case of property fronting streets
one hundred (100) feet in width, the set back
shall be fifty (50) feet (such distance
being measured from the cen~er line of the
street to the front lgne of ~he building,
- 21 -
covered porch, covered terrace or attached
accessory building
(2) Rear Yard There shall be a rear yard fox,
v ry ~"~ucture in the "LB" - Local Business
District which shall have a depth of not less
than fifteen (15) feet; provided, however,
that where such rear yard abuts an alley the
required rear line may be measured from the
center line of such alley.
(3) Side Yards No side yards are required in the
m~al Business District except in in-
stances where a building is erected or struc-
turally altered for dwelling purposes, in
which cases, there shall be two (2) side
yards, one on each side of the building, of
no* less than six (6) feet for each side.
If proper~y in the "LB" - Local Business
District is not used for dwelling purposes,
but abuts upon the side of a lot zoned for
dwelling district purposes, there shall be
allowed a minimum space of twelve (12) feet
in width between buildings; provided, how-
ever, that the side yard of the property
zoned for "LB" - Local Business District
shall no* be required to exceed six (6) feet.
(4) Lo* A~ea The minimum area of any lot used
~ling purposes shall be six ~housand
(6,000) square feet.
(5) Lot Wid*h The mini~m width of any lot used
~o~ d'welling purposes s~ll be sixty (60) feet.
(~) Hei~,t Limi~
~o b~il~ing t~ ~he "LB" - LocaZ Business Dis~ric~
shaZ1 excee~ ~he hei~ of foamy-five (~5) fee~
or ~ee (3) s~orles. In ~he "LB" - Local B~slness
~is~r~c~, p~blic or semi-pubZic b~il~ings, ho~eZs,
hospitals, sanitari~ms o~ schools ~y be erected
~o a hei~ no~ excee~ing seven~y-five (75) fee~
when the front, side or rear yards are each in-
creased an additional foot for each foot such
buildings exceed forty-five (45) feet in height
(e) ~arkin~ ~p~c~
There shall be provided in connection with any
use permitted in the "LB" - Local Business District
off-street parking space in accordance with the
provisions of Article 13 23.
A~ICLE 13.19 "B" - BUEINESS DISTRICT
The following radiations shall apply i~ all "B" -
Bus~ ess D~ tricts:
(a) Uses Permit.ted
(1) Any uses permitted without Conditional Use
Permits in the "R", "D", "A-l" or "A-2 -Dwell-
ing Districts, the "LR" - Local Retail District
or the "LB" - Local Business D~ tric*. '
(2) Automobile laundry; automobile pain*ing and up-
holstering; awning manufacturing (cloth, wood
or me tal).
(3) Book binding; printing; bottling works; bus
and truck storage; bowling alleys; bus pas-
senger s~ations and terminals; billboard or
advertising signs.
- 22 -
(4) Clothing manufacturing; carpet cleaning
(if dust collection equipment is provided);
ceramic products and handicraft products;
cold storage plants; commercial amusement;,
cleaning and dry cleaning plants.
(5) Dry goods (wholesale or storage); dance halls;
driving range; dyeing plant
(6) Electrical repairing and electrical equip-
ment sales; electroplating and typing; en-
graving.
(7) Feed storage and mixing ~if dust collection
equipment is provided (wholesale), food
products manufacture and storage; food whole-
sale sales; florist (wholesale and retail),
furniture auction sales.
(8) Grocery (wholesale and storage).
(9) Household goods (storage ~nd wholesale);
hauling (heavy and light)
(10) Ice manufacture and storage; ice cream
manufacture.
(11) Lithographing, loading and storage tracks
and docks; laboratories (industrial~sting);
lens grinding for optical goods; laundry
dyeing and cleaning.
(12) Market; mirror resilvering; motion picture
studios for commercial films; moving and
storage; mattress manufacture (if dust
collectors are provided).
(13) Newspaper printing and publishing.
(14) Publishing house; printing shop; printer,s
supply equipment sales and repairs; photo
engraving; paint mixing (excluding baking
and cooking of paints and lacquers; public
garage; pecan shelling
(15) Rubber stamp manufacture (natural or synthetic
involving processing of crude rubber).
(16) Second-hand furniture sales; auto sales lot;
storage warehouses, second-hand goods store
(when housed within an enclosed building);
skating rink; schools (all types including
commercial and trade schools); seed sales
and storage; shoe stores (wholesale, retail
or storage); storage of trucks and vans;
sales and storage of auto parts and accesso-
ries (when within a building and when no
parts of automobiles for sale are stored or
displayed in the open).
(17) Team tracks and unloading docks; railroads;
tire retreading and recapping;transfer
hauling and baggage hauling (warehouse and
storage); television sales, service and
storage (wholesale and retail); type setting.
(18) Venetiah blind manufacture (storage and sales).
(19) Warehouses.
(20) Any commercial, recreational or amusement
use not included in any of the preceeding
classifications; provided, such uses are
not noxious or offensive by reason of the
emission of odor, dust, smoke, gas fumes,
noise or vibration,~ and provide~ further
that no t~pe of manufacture or produc*
treatment not specifically mentioned in the
foregoing list of permitted uses in a "B" -
Business District shall be permitted other
than the manufacture or treatment of pro-
ducts clearly incidental to the conduct of
a business on the premises.
(b) C.o. nd i~iona.1 Uses
Any uses permitted by Conditional Use Permits
in the "R", "D" "A-l" an~ "A-2" -Dwelling Dis-
tricts, the "LR~' - Local Retail District, or the
"DB" - Local Business District may be permitted
in the "B" - Business District in the manner
speclfte~ in Article 13.24, unless such uses are
permitted unconditionally in the "D", "A-l" or
"A-2" - Dwelling District, the "LR" - Local Retail
District, or the "LB" - Local Busirs ss District.
( C ) A~ea,,, .Re~u.i~ements
(1) Front Yard If any building is erected or
'struC't~rally altered for dwelling purposes
in the "B" - Business District, a front yard
of not less than twenty-five (25) feet in
depth is required. 0the~wlse, no front yard
is required in the "B" - Business District;
but any building on any property (except
where used for residential purposes) shall
be set back thirty (30) feet from the center
line of the street fronting the property,
except that in the case of property fronting
streets one hundred (100) feet in width,
the set back shall be fifty (50) feet (such
distance being measured from the center line
of the street to the front line of the
building, covered porch, covered terrace
or attached accessory building.
(2) Rear Yard There shall be a rear yard for
~very structure in the "B" - Business
District which shall have a depth of not
less than ten (10) feet, except where an
alley is provided and the distance from
the building line to the center line of
the alley is not less than ten (10) feet.
(3) aide Yards No side yards are required in
?~'w~'~'----Business District except in in-
stances where a building is erected or
st~cturally altered for dwelling purposes,
in which cases, the~e shall be two (2) side
yards, one on each side of the building, of
not less than six (6) feet for each side
If property in the "B" - Busi~ss District
is not used for dwelling purposes, but abuts
upon the side of a lot zoned for dwelling
district purposes, there shall be allowed
a mint~m space of twelve (12) feet In width
between buzldings, provided, however, that
the side yard of the property zoned for "B" -
Business District shall not be requi~ed to
exceed six (6) feet. ~e~e a building is
erected or st~cturally altered fo~ dwelling
purposes for buildings more than three (3)
seo~ies Is height, but not exceeding eight
(8) stories in hel~t, each of the two side
yards shall be increased one foo~ in width
for each additional sto~y above the third.
For dwellings more than eight stories or one
hundred (lO0) feet in heist, the f~ont, side
and rear yards shall be increased an addi-
tional foot for each foot such buildings
exceed one hundred feet in height.
(4) Lot Area The minimum area of any lot used
~ling purposes shall be six thousand
(6,000) square feet, provided, however, that
in the case of apartment houses or buildings
arranged or designed for more than two fami-
lies, the minimum area shall be six thousand
square feet plus seven hundred ~700) square
feet for each family in excess of two
(5) Lot ~idth The minimum width of any lot used
fo~-dwelling purposes shall be sixty (60)
feet.
(d) ~arkin~ Space
There shall be provzded in connection with any
use permitted in the "B" - Business District off-
street parking space in accordance with the pro-
visions of Article 13.23.
ARTICLE 13.20 "LI" - LIGHT INDUSTRIAL DISTRICT
The following regulations shall apply in all "LI" -
Light Industrial Districts:
(a) Uses Perml*ted
(1) Any use permitted in any of the foregoing
districts, except that no building shall be
erected or converted for dwelling purposes;
provided, however, that dwelling quarters
may be established in connection with any
industrial plant for contractors and watch-
men employed on the premises, and further
provided that any existing dwelling structure
within an "LI" - Light Industrial District
may be repaired and altered
(2) Artificial llmb manufacture, automobile
assembly, automobile agency, automobile
repair
(3) Baggage transfer and storage warehouse,
bakery (wholesale or employing five or more
persons); bicycle manufacture; blacksmithing;
book publishing, boot and shoe manufacture;
broom manufacture; building materials yard;
bus ba~n or central yard s+orage or terminal
(2) Cabinet maker; candy manufacture; canning and
pr~servlng manufacture; cap and hat manufac-
ture; carpenter shop; carpet cleaning~ chicken
hatchery, cleaning and pressing plant; cloth-
ing manufacture, coal yard; coffin manufacture,
cold storage warehouse; commission house;
condensed milk manufacture, cont actors,
storage yard, cosmetic manufacture; creamery
(wholesale)
(5) Dairy (wholesale); dental laboratory; drug
manufacture; dry cleanz~g (industrial); dye-
ing and cleaning plant.
(6) Electrical power plant, electrical sign manu-
facture, enameling and painting; engraving
plant; express storage and delivery station.
(7) reed manufacture, feed sales (wholesale),
flour an8 grain storage elevators, fruit and
vegetable ~rying, fuel distributing station;
fuel gas storage; fur warehouse, furniture
warehouse or storage
- 25 -
(8) Garage (repair); garment factory, gas
(heating storage), geophysical laboratory;
~rain elevator, gravel pit; grocery store
wholesale).
Hat cleaning; hatchery, hay, grain and feed
sales (wholesale); horse shoeing.
(10) Jewelry manufactur$, laundry, light and
power substation; lime and cement warehouse;
livery stable, lumber yard
(ll) Mattress manufacture, macaroni manufacture;
medicine manufacture, milk bottling plant;
milk depot (wholesale); millinery a~d arti-
ficial flower making; mineral water dis-
tillation and bottling, motorcycle repair;
moving company (with storage facilities).
(12) Neon sign manufacture.
(13) Office building in conjunction with and on
site of industry or factory; office equip-
ment and supply manufacture; optical goods
manufacture, organ manufacture; overall or
pants manufacture.
(14) Paint shop; paper box monufacture, paper
can, container and tub manufacture; paper
products manufacture; pencil manufacture;
perfume manufacture~ pharmaceutical products
manufacture; piano manufacture; printing;
produce warehouse; public utilities plant,
publishing company, pump station
(15) Radio and television manufacture; refrigera-
tor manufacture, rug cleaning.
(16) 8and and gravel pits, yards or storage, screw
and bolt manufacture, sheet metal shop; shirt
factory; sign painting shop; silk manufacture;
soda water manufacture, sporting goods manu-
facture; stable; storage warehouse.
(17) Tailor shop, taxicab storage and repair,
telephone exchange or substation; television
~s~ufacture or aerial manufacture; television
sending or relay towers; textile manufacture;
thermometer or thermostat manufacture, tin
products (wholesale); tin shop or tinsmith;
tire repair shop; transfer company, baggage
storage, trunk manufacture.
(18) Upholstery manufacture.
(19) Veterinary hospital, vulcanizing shop (rubber).
(20) Wagon or trailer shop, wall paper manufacture,
warehouse, washing machine manufacture; watch
manufacture; water company appurtenances;
waterproofing treatment and manufacture,
welding shop; wholesale produce storage or
market; window shade manufacture; wire brush
manufacture, wood products manufacture; wood-
working shop, small; woven goods manufacture;
worsted goods manufacture.
(21) Manufacture of any kind not listed under "HI" -
Heavy Industrial District; provided, that
such use is not noxious or offensive by reason
of emission of dust, smoke, gas, noise or
Vibration.
(b) ~o~d~tiopal, Uses
Any uses permitted by Conditional Use Permits
in the 'rR", "D", "A-l" and "A-2" - Dwelling
Districts the "LR"
the "LB" ' - Local Retail District,
- Local Business District, or the "B" -
Business District may be permitted in the "LI" -
Light Industrial District in the manner specified
in Article 13 22, unless such uses are permitted
unconditionally in the "D", "A-l" or "A-2" -
Dwelling Districts, the "LR" - Local Retail Dis-
trict, the "LB" - Local Business District, or
the "B" - Business District.
(c) A~ea Re_Quirement.~s
(1) Front Yard No front yard is required in
~- Light Industrial District, but
any building on any property (except where
used for residential purposes) shall be set
back thirty (30) feet from the center line
of the street fronting the property; except
that in the case of property fronting the
street one hundred (100) feet in width, the
set back shall be fifty (50) feet, such
distance being measured from the center line
of the street to the front line of the
building, covered porch, covered terrace
or attached accessory building.
(2) Side Yards If property in the "LI" - Light
~ndds~rial District is not used for dwelling
purposes, but abuts upon the side of a lot
zoned for dwelling purposes, there shall be
allowed a minimum space of twelve (12) feet
in width between buildings; provided, however,
that the side yard of the property zoned for
Light Industrial use shall not be required
to exceed six (6) feet.
(d) Parktn~ S~a, c~
There shall be provided in connection with any
use permitted in the "LI" - Light Industrial
District, off-street parking space in accordance
with the provisions of Article 13.23.
AI~ICLE 13.21 "HI" - HEAVY INDUSTRIAL DISTRICT
The Following regulations shall apply in all "H~" -
Heavy Industrial Districts:
{a) Uses_permitted
(1) Any use permitted in any of the foregoing
districts, except that no building shall be
erected or converted for dwelling purposes;
provided, however, that dwelling quarters may
be established in connection with any in-
dustrial plant for contractors and watchmen
employed on the premises; and further pro-
vided that any existing dwelling structure
within an "HI" - Heavy Industrial District
may be repaired and altered.
(2) Abattoir or packing house; acetylene gas
manufacture; acid manufacture; agricultural
implements manufacture; air products manu-
fac*ute; airplane repair and manufacture;
aluminum manufacture, ammonia manufacture;
ash dumps; asphalt manufacture, refinery or
storage; automobile manufacture.
- 27 -
(3) Bag cleaning; bag manufacture; bank equip-
ment manufacture; barrel manufacture; belting
manufacture; bicycle manufacture; blast fur-
nace; bleachery, bleaching powder manufacture;
boat manufacture, boiler works; bolt and nut
manufacture; box manufacture; brass foundry;
brewery; brick yard and kiln; bronze manu-
facture; brush manufacture, business equip-
ment manufacture.
(4) Calcimine manufacture; can manufacture;
candle manufacture; car manufacture; car
wheel manufacture; carborundum manufacture;
carriage ann wagon manufacture; cast iron pipe
manufacture; casting foundry; cattle shed,
caustic soda manufacture; celluloid manufac-
ture; chalk manufacture; charcoal manufacture;
charcoal manufacture and pulverizing; cheese
manufacture; chemical manufacture; chlorine
manufacture; chocolate and cocoa products,
cider and vinegar manufacture, clay products
manufacture; coffee roasting; coke ovens;
concrete hatching or ready-mix plants; con-
crete products manufacture, copperage works;
copper manufacture; corrugated metal manu-
facture, cotton ginning; cotton yarn manu-
facture; cottonseed oil manufacture, crema-
tory; creosote treatment and manufacture.
(5) Distillation of coal, wood, bones; dumping
stations; dye-stuff manufacture; disinfec-
tant and insecticide manufacture.
(6) Electrical supply manufacture, elevator
manufacture; emery cloth manufacture; engine
manufacture; excelsior manufacture; exter-
minator or insect poison manufacture.
(7) Felt manufacture; fertilizer manufacture;
fire clay products manufacture; fireworks
manufacture or storage; fish curing; fixture
manufacture, flour and grain milling; forge
works; foundry, fuel gas manufacture; fur-
niture manufacture
(8) Gasoline storage, wholesale or bulk station;
gelatine manufacture; glass manufacture,
glucose manufacture; glue and fertilizer
manufacture; graphite manufacture; grease
and tallow manufacture; gristmill; gunpowder
manufacture, gutta percha manufacture;
gypsum manufacture.
(9) Hair products manufacture; hardware manu-
facture, heating appliance and supplies
manufacture; hide tanning and mallow
manufacture; hosiery mill; hydrochloric
acid and derivatives manufacture
(10) Iron works; incinerator, insect poison manu-
facture; iron (ornamental) works.
(!1) Japanning and shellacking works; Junk yard;
Jute manufacture.
(12) Kerosene manufacture and storage; knit goods
manufacture
- 28 -
(13) Lampblack manufacture; livestock barns and
auction sales pens; lard manufacture; lath
manufacture; livestock loading and shipping
yards; laundry machinery manufacture; lead
manufacture; leather and leather goods manu-
facture; leather curing and tanning; light
and power plants; lime manufacture; linen
goods manufacture; linoleum manufacture;
linseed oil manufacture; locomotive manufac-
t%~re; lubricating oil manufacture; lumber
mill.
(14) Machine shop; machznery manufacture; malle-
able casting manufacture; marble quarry,
match manufacture; meat packing plant, metal
polish manufacture; metal products manufac-
ture (except light products); metal weather
stripping manufacture, milling plant, molasses
manufacture; monument works.
(15) Nail manufacture; needle manufacture; nitrating
of cotton or other materials; nitric acid or
other derivatives manufacture.
(16) Oil manufacture; oil refinery; oilcloth manu-
facture, oleomargarine manufacture; ordnance
manufacture, ore dumps and elevators; ore
reduction; oxygen gas manufacture.
(17) Packing plant (meat and poultry); paint manu-
facture; paper or paper pulp manufacture;
poultry slaughtering and processing; pattern
shop, petroleum refining; petroleum storage
(wholesale); petroleum wells; pickle manu-
facture; picric acid or derivatives manufac-
ture; pin manufacture; pipe (concrete or
metal) manufacture, planing mill; plaster of
paris manufacture; plating works; plow manufac-
ture; plumbing supply manufacture; pole and
shaft manufacture; potash manufacture; poultry
food manufacture; printing ink manufacture;
public utilities plant, proxyllne manufacture.
(18) Quarry (stone, gravel or sand), quilt manu-
facture.
(19) Railroad shops and roundhouses; radiator
manufacture; rag treatment or manufacture of
rag products; raw hides and skins (treatment
and storage); reduction of ore; garbage,
offal, etc., refuse dump, rice cleaning and
polishing; rivet manufacture; rock crushing;
rolling mill; rope manufacture; rubber goods
or rubber manufacture; rug manufacture
(20) Salt manufacture; salvage storage yard; sand
paper manufacture, sauerkraut manufacture,
sausage or sausage casing manufacture; saw-
dust manufacture, saw mill; scrap iron storage
yard; scrap metal reduction; sewer pipe
manufacture, sewage disposal plant; shell
grinding; shingle manufacture; shoe blacking
manufacture; shoe manufacture; shovel manu-
facture; smelting metals plant; snuff manu-
facture; soap manufacture; soda and washing
compound manufacture, soybean oll manufacture;
stamping, metal; starch manufacture, steel
mill; stockyards, stone crushing; stone
cutting and screening; stone manufacture,
structural steel and iron manufacture, sugar
refining; sulphur, sulphuric acid manufacture;
syrup and preserve manufacture; sales of used
auto parts and auto wrecking yard.
- 29 -
¢21) Tallow manufacture, tanning and curing of
hides; tar distillation; tar paper manufac-
ture and tar products; terra cotta manufac-
ture; textile manufacture, tile manufacture,
tin foil manufacture, tin products manufac-
ture; t~n refining; tire manufacture, tobacco
manufacture; tool manufacture; turpentine
manufacturs; typewriter manufacture.
(22) Used automobile Junk yards
(23) Varnish manufacture, vinegar manufacture.
(24) Waste paper products manufacture; wire and
cable manufacture, wagon and trailer manu-
facture; washing powder manufacture; wool
scouring or pulling, wood preserving treat-
ment; wrecking material yard.
(25) Yeast manufacture; zinc products manufacture.
(26) Any other use not prohibited by city ordi-
nance as a nuisance.
(b) Conditional Uses
Any uses permitted by Conditional Use Permits in
the "R" "D", "A-l" and "A-2" -Dwelling D~tricts,
the "LR~ - Local Retail District, the "LB" -
Local Business District, the "B" - Business Dis-
trict, or the "LI" - Light Industrial District
may be permitted in the "HI" - Heavy Industrial
District in the manner specified in Article
13 24, unless uses are permitted unconditionally
in the "D", "A-l" or "A-2" - Dwelling Districts,
the "LR" - Local Retail District, the "LB" -
Local Business District, the "B" - Business Dis-
trlct, or the "LI" -Light Industrial District.
(c) Area R~quir~.Ments
(1) Front Yard No front yard is required in
the'"H~" - Heavy Industrial District, but
any building on any property (excep* where
used for residential purposes) shall be set
back fifty (50) feet from the center line
of the street fronting *he property, except
that in the case of property fronting the
street one hundred (100) feet in width, the
set back shall be fifty (50) feet, such
distance being measured from the center line
of the street to the front line of the
building, covered porch, covered terrace
or attached accessory building
(2) Side Yards If property in the "HI" - Heavy
In~ustri~I District is not used for dwelling
purposes, but abuts upon the side of a lot
zoned for dwelling purposes, there shall be
allowed a minimum space of twelve (12) feet
in width between buildings; provided, however,
that the side yard of the property zoned for
Heavy Industrial use shall not be required
to exceed six (6) feet.
(d) Parking Space
There shall be provided in connection with any
use permitted in the "HI" - Heavy Industrial
District, off-street parking space in accordance
with the provisions of Article 13 23
- 30 -
ARTICLE 13.22 ~IGH2, AREA ~ND SPACE REGULATIONS AP?LI-
CABLE TO ALL DISTRICTS
(a) H__e~i~hts .of Miscellaneous Structures
Chimneys, water towers, pent houses, scenery
lofts, sugar refineries, monuments, cupolas,
domes, spires, standpipes, false mansards,
parapet walls, similar structures and neces-
sary mechanical appurtenances may be erected
as to their height in accordance with existing
or hereafter adopted ordinances of the City.
(b) ~asis o~ Hei~ht ~eas~rements
On through lots one hundred and fifty (150)
feet or less in depth, the height of a build-
ing may be measured from the curb level on
either street. On through lots more than one
hundred and fifty (150) feet in depth, the
height regulation and basis of height measure-
ment for the street permitting the greater
height shall apply to a depth of not more than
one hundred and fifty (150) feet from the
street.
(c) ~ron~ Yards
W~ere the frontage on one side of a street in
the same block is zoned for two classes of
districts, the set-back on the most restricted
district shall apply to the entire block.
(d) Rear Yards
(1) In computing the required depth of a
rear yard for any building where such
yard abuts an alley, the depth of lo~
may be considered to the center of the
alley, and the required depth of rear
yard measured from the center of such
alley.
(2) In all districts where a building is
erected or structurally altered for
dwelling purposes, there shall be a
rear yard having a depth of not less
than twenty-five (25) feet
(e) ,d _Xards
(1) For the purpose of side yard regulations,
*wo or more detached one or two family
dwellings shall be considered as one
building when occupying one lot; provided,
however, there shall be a minimum of ten
(10) feet between the sides of the build-
ing on the same lot
(2) In ~he case of group houses or court
apartments, when buildings rear upon the
side yard, the width of the side yard
shall be increased by one foot per each
building or apartment abut*lng *hereon.
If any stairway open onto or is served
by such side yard, the minimum width
of such side yard shall be ten (10) feet.
The width of a place or court shall be
not less than forty (40) feet measured
- 31 -
between buildings or from buildings to
the opposite property line, provided
that open or unenclosed porches may pro-
Ject into the required place or court not
more than twenty C20) percent of the width
of such place or court.
Ail other requirements including front,
side or rear yards shall be complied
with in accordance with the district in
which group houses or court apartments
are located.
(3) Every part of a required yard or court
shall be open from its lowest point to
the sky unobstructed except for the ordi-
nary projections of sills, belt courses,
cornices, eec.; provided, however, the
above projections shall not extend into
a court more than twenty-four (24) inches
nor into a minimum side yard more ~han
twenty-four (24) inches.
(~) The side and front yard re~uiremen*s for
dwellings shall be waived where dwellings
are erected above stores and shops.
(5) On corner lots the side yard regulations
shall be the same as for interior except
in the case of side street or reversed
frontage (where corner lot faces an inter-
secting street) in which case there shall
also be a side yard on the street side
equal to the front yard on the lots in
the rear No accessory building on said
corner shall project beyond the front
yard line on the lots in the rear. This
regulation shall not be so interpreted
as to reduce the ouildable width of a
corner lot facing an intersecting street,
and of record at the time of passage of
this ordinance to less than twenty-eight
(28) feet, nor to prohibit the erection
of an accessory building where the regu-
lation cannot be reasonably complied with.
(f) Lo~ Area
0n any lot held under separate district owner-
ship from adjoining lots at the time of passage
of this ordinance, such separately owned prop-
erty being of record at the time, a single
family dwelling may be erected even though the
lot be of less area than required by the regu-
lations relating to lot area in the District
in which it is located, provided, however,
that in any event the combined area of the
dwelling and accessory building shall not
cover more than forty (~0) percent of the
toeal area of the lot.
- 32 -
- .33 -
- 35 -
- 38 -
- .39 -
(o) Pavln Res iremente Grou Pa~ in Areas and
(1) In the "LR' - Local Retail DistF~ct, the
"LB" - Local Buslfleo8 D~ot~io~.
Bus,ness D~st~ct, the "LI
dust~lal D~st~ct, and t~e ~u - ~av~
IndustP~ District ~en paPking a~a8
and beFths s~ll be paved with a dust
pPoof o~ ~d surface ~etlfl~ ~he stand~d
spec~ications of ~he Cl*y or Deft*on,
Texas. rom such aPoas.
(~) G~oups cf uses ~equi~o~ vehicle p~k~n~
apace ~y Join in esta~liahl~ pa~kXn~
a~eas with to~al capacity a~e~atimg
t~t Pe~iped fo~ each paPti~lpa~ing use.
(3) Vehicle p~ki~ space Peq~e~ts a~d
loading amd ~l~lmg apa~e
s~ll not applF to a block f~f~ (~0%)
s~ot~ee at the ti~ of pusage of
Pa~t II of th~s C~pte~.
(~) S ~ ~ ~ie,s ~ V~tcle Off-St~eet
In oPder to mee* ~equi~mts f~ vehicle
off-street p~k~ spa~e, ~e
~he
no* available on property occupied by a
~siness oP industrial use. in a "LR" - Local
Retail DlstPlot. "LB" - Local Business Dis-
~=tc~, "B" - Business Dist~iot. "LI" - Li~t
IndustPi~ DistPict, om "HI" -Heavy Industrial
DistPio~. ~e Bg~d of A~Just~t ~.
confe~Pl~ with a~ Peceivin~ a favorable
report f~oa t~ Pl~alag and Zonimg Co~ission
o~ a p~os~ amd, ~ther, afte~ public
eotice ~d ~ea~l.g, ~ant a permit fo~ the
establis~a~ of an off-street pa~king area,
as an a~ili~ use. on a lot o~ lots ~n ~he
"R", "D", "A-l" o~ "A-2" - ~elling Districts,
p~ovi~ed th~ t~ emtl~ a~a f~ ~he off-
street park~g a~a la within five ~nd~ed
(~00) fee~ 0f the business om ladust~lal use
p~opem~ involved ao~ ~hen the proposed area
adjoins o~ is across an alley f~om sal~ use
in a "LR" - Local Retail Distmict, "~" -
Local Business District, "B" - Bus,mess Dis-
t~Iot, "LI" - Li~t Industrial District, or
"HI" - Heavy Industrial District or, in the
case of a church or place of co~egation of
people om auto. biles In a Dwelling District,
~d~ely adjacent to such c~ch or place
of cong~egation, and provided
(1) the~e sh~l be no sales, dead storage,
~epai~ work, dis~ntling o~ se~icing of
aay kin~ in said p~ktng area;
(2) en*rances and exits shall be approved as
to locatio~ by the Planning and Zoning
Co. lesion;
(3) ac parking sh~l be permitted between
the f~ont y~d line and the f~ont lot
line as es+ablished for the dwellieg-
zoae~ p~ope~ty.
- 40 -
(4) except for approved entrances and exits,
a masonry wall not more than five (5)
feet in height, and not less than four
(4) feet in height and not less than six
(6) inches in thickness may be requl~ed
along the boundaries of the parking lot
by the Planning and Zoning Commission for
the protection of adjoining dwelling-
zoned or used property, and, if erected,
such wall shall conform to the requi~ed
fmont yard line.
(5) the lot sh~ll be paved with a dustproof
or ha~d surface meeting the standard
spec'fications of the City;
(6) no advertising signs may be erected upon
such lot, but signs may be e~ected upon
each street side to indicate the operator
o~ purpose of the lot and to indicate
entrances and exits, direction of traffic
flow and conditions for parking. Such
signs shall not exceed twenty (20) square
feet in area and shall not extend more
than ten (10) feet in overall height above
the ground.
(7) lighting facilities, if provided, shall
be so arranged as to be reflected away
from dwelling-zoned or used property
ARTICLE 13.2~ CONDITIONAL USE PERMITS
(a) C0n~ltional.~se P~rmits Authorized
The uses listed or referred to in Articles
13.13(b), 13.14(b), 13.15(b), 13.16(b),
13.17(b), 13.1§(b~, 13.19(b), 13.20(b) and
13.21(b) may be authorized or permit*ed in
*he indicated Districts by Conditional Use
Permits which may be granted, upon applica-
tion to the Board of Adjustment, in the
manner hereinafter described in this Article.
(b) App~.cation a_~d Procedure
(1) Upon receipt of an application for a
Conditional Use Permit by the Board of
Adjustment, such application shall be
referred to the Planning and Zoning
Commission for investiga*ion as to the
effec* of the proposed location and
character of the conditional use on the
Master City Plan for *he City of Denton.
(2) The Planning and Zoning Commission shall
report the results of its study of said
application to the Board of Adjustment,
and, if such report is favorable toward
the application, the Board of Adjustment
may, after public notice and hearing
according to law, grant such Conditional
Use Permit, including therein such specific
conditions of use as the Planning and
Zoning Commission may deem essential to
preserve the integrity~ of the Master
City Plan, and such additional special
conditions as the Board of Adjustment
may deem essential to protect neighbo~ing
property.
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(3) No Conditional Use Pex~ait shall be
g~anted by the Board of Adjustment unless
a favorable report thereon has been re-
ceived from the Planning and Zoning Com-
mission, and unless the Board shall find
from the evidence presented *hat such
conditional use:
(i) is consistant with the spirl+, pur-
pose and in*tnt of Parts II and
of this Ohapter;
(ii) will not substantially and permanent-
ly injure the appropriate use of
neighboring property; and
Ciii) will substantially serve the public
convenience and welfare.
(c) Vi~ol.~*i~n_ of.. Gond. itions
Violation of any of the conditions con*ained
in a Conditional Use Permit by any person,
association of persons, fimu or corporation
using or occupying property under such permit
shall oonsti*ute a violation of this Article,
and any such violation~ll be punishable as
provided in Article 13.!
(d) Dls~ontinuance~f Co~.ditional Use
Upon the discontinuance of a conditional use
on any property, the regulations applicable
to the District in which such property is
located shall apply as if such permit had not
been granted.
Ce) Planne~. Residen~ial Deve.lopments
The authorization of a Planned Residential
Development, as described in Article 13.13
(b) (13) shall be subject to the following
additional conditions:
el) The report of the Planning and Zoning
Commission tS the Board of Adjustment
shall be in writing and shall include
the finding as to whe*her the proposed
development is consistent with the Mas*er
City Plan of the City of Denton. In
addition, the applicant may be required
to make such dedications of land and
utilities for public use in accordance
with *he policies and control ordinances
of the City governing he same and may
be required to restrict certain areas
of the development perpetually (or for the
duration of the development) as open space
for common use. The development as auth-
orized shall be subject to all conditioma
so imposed, and shall be excep*ed from
other provisions of this ordinance only
*he extent specified in the authorization.
C2) The application must be accompanied by an
overall development plan showing the use
or uses, dimensions and locations of pro-
posed streets, parks, playgrounds, school
sites, and other open spaces, with such
other pertinent information as may be
necessar~y to determine whether the con-
templated arrangement or use m~es it
desirable to apply regulations and
quirements differing from those ordinarily
applicable. The applicant shall obtain
written comments on the proposed develop-
ment from the Public Works Department,
Fire Depart~aent, Health and Sanitation
Department, Building Inspector, Parks and
Recreation Department and Postmaster and
submit these with the application.
(3) The tract or parcel of land involved must
be either in one ownership or *he subject
of an applicetion filed Jointly by the
owners of ali the property included (the
holder of a written option to purchase
land and a redeveloper under contract
with the City's official redevelopment
agency to acquire land by purchase or
lease shall, for purposes of such appli-
cation, be deemed to be an owner of such
land) or by any governmental agency in-
cluding the City's redevelopment agency.
T~ site must include an a~ea of at least
three (3) acres or be bounded on all sides
by s'rests, public open spaces, or the
boundary lines of less restrictive use
districts. The application may include a
proposed subsequent division of the in-
volved tract or parcel of land into one
or more separately owned and operated
units. Such proposed subsequent division,
if approved along with the planned de-
velopm~n*, shall be permissible wiehout
further approval; othe~tse any subse-
quent division of the planned development
shall be permitted only upon application
to the Board of Adjustment as provided
in this Article.
(4) The proposed planned development must be
designed ~o produce an environment of
stable and desirable character not out
of harmony with its surrounding neighbor-
hood, and must provide open space and
off-street parking facilities for the
occupancy proposed. The proposed develop-
merit must provide for park and recreation
areas to satisfy the needs of the area,s
anticipated population as specified or
recommended in the Master City Plan.
(~) A conditional use of this category may
contain commercial and professional uses
as an in+egral part of a planned resi-
dential development. However, such use
shall be planned and based upon the re-
quired service and convenience of resi-
dents and employees working with, al-
though not residents of, the planned
residential development, and shall be
authorized only to the extent that such
uses are not available to the ~esiden+s
in close proximity of the planned devel-
opment
(6) Upon the abandonment of any particular
planned residential development proJec*
authorized under this subsection, or
upon the expiration of the time limit
that may have been set by the Board of
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Adjustment, as recommended by the Planning
and Zoning Commission, /'or oov4~letton of
the pl~oJeot {'unless commenced and an ex-
~ensXon of tXme fo~ co~letlon has been
~anted), the autho~lzatio, shall
~ the lan5 an~ st~otu~es upon the site
~7 be use~ w~th~t such approval
othe~ lawful purpose 9e~mitte5 within the
de,rial develop~nt in question is locate~.
A~I0~ 13.~ ZONIN~ OF ~Y ~NN~ TERR~0~
Ail te~ritory hereafter annexed to the City of ~n-
tea, Texas, shall be classified as "R" - ~elling
District p~operty until pe~nently zoned under the
provisions of Part II of this Chapter. The Planing
and Zonimg Oo~lssion shall, as soon as p~acticable
~te~ the annexation of any territory to the City,
institute proceedings on its own motion to pe~-
nently zone such newly annexed territo~y, and the
Planing and Zoning Co~ission shall m~e a written
reco~ndation to the City Council as to the p~oper
zoning for such territory. The procedure to be
followed for the p~m~ent zoning of newly annexed
territory shall be the s~e as is provided by law
fo~ zoning changes.
A~IC~ 13.26 NON-CONFO~G
(a) x,$s in ses
Any use of property existing at the time of
thepassage of P~t II of this Chapter which
does no~ conform to the re~lations prescribed
in the preceeding Articles of P~t II of this
Chapter s~ll be deemed a non-conforming use.
(b) Altera~.~.on of Existi~ Property
(1) The lawful use of a ~ilding at the time
of the passage of Part II of this Chapter
~y be continued althou~ such use does
not conform to the provisions of P~t II
of this Chapter; and any such use ~y be
extended throughout the building provided
no st~ctural alteration except those
required by law or ordinance are ~de
there in.
(2) If no st~ct~al alterations are made,
a non-conforming use of a ~ilding may
be changed to another non-conforming use
of the same or a mope ~es~ricted classi-
fication; provided, however, that in the
event a non-conforming use of a ~ilding
is once changed to a non-conforming use
of a hi,er or more restricted classifi-
cation, It shall not later be changed
to a lower or less restricted classifi-
cat ion.
(3) If such non-conforming building is
moved, every future use of the land
premises shall be in confo~ity of the
provisioos of Part II of this Chapter.
(c) Resto~ation o~_~amaged Property
Nothing in Part II of this Chapter shall be
construed as preventing the restoration of a
building destroyed to the extent of no more
than seventy (70) percent of its reasonable
value by fire, explosion, casualty, act of
God, or a public enemy, nor the continued
occupancy or use of such building or part
thereof, which existed at the time of such
partial destruction.
(d) Regulation of Nq~.-0onf~min~ Use~
The right to continue a non-conforming use
shall be subject to such regulations as to
maintenance of the premises and conditions
of operation as may, at the discretion of
of the Board of Adjustment, be reasonably
required for the protection of adjacent pro-
perry. A non-conforming use, when abandoned
or discontinued, shall not be resumed. For
the purposes of this Article, abandonment or
discontinuance shall be designed as follows~
(1) when land being used for a non-conforming
use without a building or structure shall
cease *o be used in a bona fide manner
for one (1) calendar month;
(2) when a building or structure is designed
or arranged for a non-conforming use and
shall cease to be used in a bona fide
manner as a non-conforming use for a
continuous period of twenty-four (2~)
consecutive calendar months;
(3) when a building or structure is designed
or arranged for a conforming use and
shall cease to be used in a bona fide
manner as a legal non-confo~ing use
for a period of twelve (12) consecutive
calendar months.
The Board of Adjustment shall have the author-
ity, upon substantial hardship, to extend the
above limits not to exceed six (6) months.
A Certificate of Occupancy shall be issued
for all legal non-conforming uses.
ARTICLE 13.27 ZONING MAP DESIGNATIONS
(a) Di~tagces and Scale
(1) When definite distances in fee* are not
shown on theZoning Map, the District
boundaries of the Zoning Map are intended
to be along existing street, alley, or
property lines or extensions of or from
the same.
(2) When the location of the District line is
not otherwise determined, it shall be
determined by the scale of the map measured
from a given line.
(b) Varying Ground. Me~sureme.n~
Where the street lay-out actually on the ground
varies from the street lay-out as shown on the
Zoning Map, the Board of Adjustment may apply
the designations shown on the mapped streets
in such a way as to carry out the intent and
purpose of the plan for the particula~ area
in question.
ARTICLE 13.28 COMPLETION O~ EXISTING BUILDINGS
(a) Construoti, on
Nothing herein shall require any change in the
plans, eonst~-uction, or designated use of a
building actually under construction at the
time of the passsge of Part II of this Chspter,
and which entire building shall be completed
within one year from the date of the passage
of Part II of this Chapter.
Nothing herein contained shall require any
change in plans, construction, or designated
use of building for which a building permit
has heretofore been issued, and which entire
building shall be completed within six (6)
mon*hs from the date of the passage of Part II
of this Chapter.
(c) F~_ture Changes
If an amendment ~ Part II of this Chapter is
hereaf*er adopted, changing the boundaries
of districts, the provisions of Part II of
this Chapter wi*h regard to buildings or
premises existing or buildings unde~ con-
struction, or building permits issued at the
time of the passage of Part II of this Chapte~
shall apply to buildings or premises exis*ing,
or buildings under construction, or building
permits issued in the area affected by such
amendment, at the time of the passage of such
amendmen t.
ARTICLE 13.29 ENFORCEMENT
(a) Buildin~ .I. ns.pector
The provisions of Part II of this Chapter shall
be administered by the Building Inspector of
the City of Denton, Texas.
Ail applications for building permits shall
be accompanied by a plat in duplicate, drawn
to scale, showing the actual dimensions of
the lot to be built upon, the size of the
building to be erected, and its position on
the lot, and such other information as ~a2
be necessary to provide for the enforcement
of these regulations.
(c) Re.cords
A careful record of such applications and plats
shall be maintained by the Building Inspector.
ARTICLE 13.30 ENFORCEMENT INTERPRETATION
(a) _U, ses Pro_h_i~bited_by Other Or,dinago,es
Nothing in Chis ordinance sb~ll be construed
as repealing any existing ordinance of the
City regulating nuisances or permitting uses
which are now prohibited by ordinance.
(b) D?ed R?s.tri~ctions
No provision or application of Part II of
this Chapter shall be construed as affecting
in any manner the rights of individual property
owners to privately enforce deed restrictions
upon the use of any property zoned under ~he
terms of this ordinance if such restric*ions
are of higher or more restrictive classifica-
tion than the provisions contained herein.
ARTICLE 13.31 CERTIFICATE OF OCCUPANCY AND COMPLIANCE
(a) Ceptificate Required
No exis*tng building and/or no building here-
after erected or structurally altered shall
be used, occupied or changed in use until a
Certificate of Occupancy and Compliance shall
have been issued by the Building Inspector
stating that the building or proposed use of
a building or premises complies with the build-
ing laws and the provisions of these regula-
tions.
(b) APpli0..a.~tion for C.e. rtificate
(1) Cex'tificates of Occupancy and Compliance
shall be applied for coinciden+ with the
application for a building permit and
shall be issued within ten (10) days after
the ex'ection or structural alteration of
such buildings shall have been completed
in conformity with the provisions of
these x'egulat ions.
(2) A record of all certificates shall be kept
on file in the office of the Building In-
spector, and copies shall be furnished
on request to any person having a pro-
priefory ox' tenancy interest in the build-
ing affected.
(c) ~Applicat!on Re..qu_ired_
No permit for excavation for any building
shall be issued before application has been
_m_~_de fox' a Certificate of Occupancy and Com-
pliance.
ARTICLE 13.32 CHANGES AND A~MENTS
(a) Authority ~to Amend
The City Council may from time to time on its
own mo*ion, or on petition of an in~erested
property owner or owners, amend, supplement
or change by ordinance the boundaries of the
Districts or the regulations herein established.
(b) _Fl.ling Petltio.~. Fee
Each and every petition to the City Council,
as px'ovided in subsection (a) of ~his Article,
shall be filed with the City Secretary prior
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to being presented to the City Council, and
shall be accompanied by a fee of Thirty-five
Dollars ($35.00), payable to the City of Denton,
Texas, no part of which shall be returnable
regardless of the action taken on the petition.
(c) Re.~rral to Plannin~ and Zo.n.ing. C~mm!s~ion
Before taking any action on any proposed anend-
ment, supplement or change, the City Council
shall submit the same to the Planning and Zoning
Commission for its public hearing, recommendation
and report.
(d) Public Hearing and Notice
(1) A public hearing shall be held by the
City Council before adopting any such
amendment, supplement or change.
(2) Notice of such hearing shall be given in
the manner prescribed by law, stating the
time and place of such hearing, which time
shall no* be earlier than fifteen (15)
days from the first date of publication.
(e) Amendment Over ~rote~t
Unless such proposed amendment, supplement
or change has been approved by the Planning
and Zoning Commission, or if a protest agains~
such proposed amendment, supplement or change,
has been filed with the City Secretary, duly
signed and acknowledged by the owners of twenty
(20) per cent or more either of the area or the
lots included in such proposed changes or those
immediately adjacent in the rear thereof extend-
ing *wo hundred (200) feet therefrom or of those
directly opposite thereto extending two hundred
(200) feet from the street frontage of such
opposite lots, such amendment, supplement, or
change shall not become effective except by a
three-fourths (3/4) vote of all the members of
the City Council.
ARTICLE 13.33 BOARD OF ADJUSTMENT
(a) ~ointment aqd Qu~l.~ication
The Board of Adjustment shall be appointed and
qualified in accordance with Section l0 07(a)
of the Charter of the City of Denton, Texas.
(b) ~ower~ Ggner~lly
The Board of Adjustment may, in appropriate
cases and subject to appropriate conditions
and safeguards, make special exceptions to the
terms of Part II of this Chapter in harmony
with the general purpose and intent herein
expressed, and in accordance with the general
or specific rules herein contained.
(c) Rule____a
The Board of Adjustment may adopt rules
governing its proceedings; provided, however,
that such rules are not inconsistent with any
provision of Part II of this Chapter
- 48 -
(d) Specific Power~..,of the, Board of Adjustment
The Board of Adjustment shall have the following
powers:
(1) to hear and decide appeals where it is
alleged there is error in any
quirement, decision, or determination
made by an administrative official of the
City of Denton in the enforcement of the
provisions of Part II of this Chapter;
(P) to hear and decide special exceptions to
*he terms of ?~rt II of this Chapter upon
which the Board is required to pass under
the provisions of Part II of this Chapter;
and
(3) to authorize upon appeal in specific cases
such variance from the terms of Part
of this Chapter as will not be conerary
to the public interest, where, owing to
special conditions, a literal enforcement
of the provisions of Part I~ of this Chapter
will result in unnecessax-y hardship, and so
that the spirit of Pa~t II of this Chapter
shall be observed and substantial Justice
done.
(e) Soec~al Exceptions
The Board of Adjustment may, as Special Exceptions
to *he regulations established in Part II of this
Chapter,:
(1) grant Conditional Use Permits in the manner
specified in Article 13.234;
i 2) permit the reconstruction of a building
occupied by a non-conforming use, or permit
~ f3 the extension of a non-conforming use of a
~ ~ building upon the lot occupied by such
building at the time of the adoption of this
Article; provided, however, that no such
Special Exception shall be granted after a
period of twelve (12) months from the adop-
tlon of this Article;
(3) permit in any distric* such modification of
the requiremen*s applicable to the said
district as the Board of Adjustment may deem
necessary to secure an appropriate develop-
ment of a lot where adjacent to such lot on
two or more sides there are buildings which
do not conform to such regulations;
(~) permit such modification of the yard and
open space or lot area or lot width regu-
laelons as may be deemed necessary to secure
an appropriate zmprovement of a parcel of
land where such parcel of land was separately
owned or was subdivided prior to the effective
date of the provisions of Part II of this
Chapter and where the granting of such appli-
cation would not work an undue hardship on the
landowners in the neighborhood and would ~ot
cause an undue fire hazard and would not
materially or adversely affect public health,
and where the refusal of the application 'would
work an undue and unjust hardship on the ap-
plicant, the term "subdivided" as used in
this subsection shsll mean such property as
- 49 -
shall have been divided into lots by separate
deeds, recorded plats or maps showing the
size and locatioo of each lot, or by being
separately rendered for taxation with the
City Tax Assessor-Collector; or
(5) permit the extension of a building, existing
at the t~me of the effective date of the
provisions of Part II of *his Chapter, by
the construction of additional stories above
the height limi~ established for the district
in whicD such b~itding is located, if the
original plans pz, ovided for such addt+ional
stories and such building was actually de-
signed and constructed to carry such addi-
tional stories.
ARTICr.w. 13.34 PENALTY FOR VIOLATION
Any person, association of persons, firm or
corporation violatmng any of the provisions of
Part II of this Chapter, or failing to comply
therewith, or with any of the requirements there-
of, or building or altering any building or
structure in violation of any de'ailed statement
or plan submitted and approved hereunder, shall
be guilty of a misdemeanor and, upon conviction,
shall be fined any sum not less than Five Dollars
($5.00) nor more than Two Hundred Dollars ($200 00),
and each day any such violation continues shall
constitute a separate offense
(b) P~erso.ns Respq~s_ibl_e for Violet ion.~s
The owner or owners of any building, structure
or premises, or part thereof, where anything in
violation of Part II of this Chapter shall be
placed or shall exist, and any architec*, builder,
contractor, agent, person, firm or corporation
eraployed in connection therewi~h and who assisted
in the commission of any such violation shall
each be guilty of a separate offense, and, upon
conviction thereof, shall be fined as provided
in subsection (a) of this Article.
~$.CT~I.O.N 2' That all ordinances or parts of ordinances in force
when ~he provisions of this ordinance become effec*ive which are in-
consistent or in conflict with the terms or provisions contained in
this ordinance are hereby repealed *o the extent of any such conflict.
S~ECT~IQ.N 3.. That if any ~ectlon, Article, paragraph, sentence,
clause or phrase contained in this ordinance, or if the application
thereof to any person or circumstances, is held invalid by a cour~
of competent Jurisdiction, such invalidity shall no* affec* any
other provisions or application~of this ordinance which can be
given effect without the invalid provision or application, and the
provisions of this ordinance are hereby declared ~o be severable.
_~_EECT~ .O.N 4' That a ~escriptive caption of this ordinance stating
in summary the purpose of this ordinance and the penalty for violation
hereof shall be published twice in the Denton Record-Chronicle within
ten (10) days after the final passage hereof.
~ECTION, ~m That this ordinance shall become effective fourteen
days from the date of its final passage.
PASSED AND FINALLY APPROVED this ~4-~ day of ~U~/_ ,
A D. 1961.
MaYor .....
01ty of Denton, Texas
ATTEST:
~it~- Secretary
City of Denton, Texas
~i~Y At tOr~e~ ~' ~ .....
Ciey of Denton, Texas
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