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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. - 41 - (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 - 43 - 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 - 47 - 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 - 51 -