2006-363
S:\Our Documents\Ordinances\06\DCA05-0012 BLdoc
ORDINANCE NO, ;Z006 - .3G3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 35,13 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO SOLID
WASTE AND RECYCLING FACILITIES DESIGN STANDARDS; PROVIDING A PENALTY
CLAUSE WITH A MAXIMUM FINE OF $2,000,00 FOR VIOLATIONS THEREOF; AND
PROVIDING AN EFFECTIVE DATE, (DCA05-0012)
WHEREAS, pursuant to Ordinance No, 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35,13 of the Development Code, pertaining to Solid Waste and Recycling Facilities Design
Standards; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to the Development Code are consistent with the
Comprehensive Plan, and are in the public interest; NOW, THEREFORE
THE COUNCIL OFTHE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true,
SECTION 2, Subchapter 35,13 of the Development Code are hereby amended in part, as
particularly described in Exhibit A, attached hereto and made part hereof by reference, All other
provisions of Subchapter 35,13 not specifically changed by this amendment shall remain in full force
and effect.
SECTION 3, Any person violating any provision ofthis ordinance shall, upon conviction, be
fined a sum not exceeding $2,000,00, Each day that a provision ofthis ordinance is violated shall
constitute a separate and distinct offense,
SECTION 4, If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity,
SECTION 5, This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage,
PASSED AND APPROVED this the !(..}-/!7daYOfJ);(!tmber ,2006,
~6?h1rU
PERRY McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: CJ11ll ilttA iUti&J~,!hi;
APPROVED AS TO LEGAL FORM:
EDWIN M, SNY-BER;TITY A TT
PAGE 2
Exhibit A
35,13. 13. 7. Solid waste and recycling facilities design standards.
Commercial and non-residential solid waste and recycling storage facilities (container enclosures)
shall be located on each platted lot of non-residential property, except as otherwise provided within
the Denton Development Code Criteria Manual, and shall be constructed and maintained by the
property owner or developer, and made available for use by the City of Denton Solid Waste
Department and/or commercial recycling service provider. For purposes of these solid waste
requirements, "commercial development" includes any attached residential dwellings of four or
more living units and all non-residential development.
Commercial and non-residential on-site waste and recycling storage facilities (container enclosures)
shall be available for the storage of all municipal solid waste and recyclables generated for each
platted property, The city reserves the ability to determine which, if any parcels or areas (e,g"
Downtown Square, strip centers, multi-family residential, etc,) may be recommended for shared
container or other alternative service, Container enclosures shall be of adequate size to contain all
solid and liquid wastes and recyclables generated on the property, which may include, but are not
limited to municipal solid waste, recyclables; grease and oils, process by-products and wastes,
hazardous waste, medical waste, and any special wastes, contained as necessary to meet disposal
standards published by the City, The container enclosures shall be constructed to such capacity
prescribed by the City of Denton Criteria Manual for non-residential solid waste and recycling
facilities, Enclosures are not required for non-residential uses where the dumpster locations cannot
be seen from the public right of way,
PAGE 3
Expansion Applicability Table
Traffic Landscape BUilding Parkmg
Use Impact Design Street Trees
SITE PLAN AnalysIs & Tree Standards Lot Suhtl ",I'll'
CANOPY LANDSCAPING
Single-family N/A-
ONLY A
expansion within "PLOT NIA N/A NIA N/A NIA N/A
permitted lot coverage. PLAN"
YES, APPLIED TO THE YES, APPLIED TO YES, APPLIED TO THE
EXPANDED YES, APPLIED TO THE ADDITIONAL LINEAR FEET OF
IMPERVIOUS AREA NEW UNITS WITH PARKING REQUIRED STREET FRONTAGE
ATTRIBUTABLE TO THE EXTERIOR WALLS FOR THE NEW CONTIGUOUS TO THE
Multi.family expansion NEW UNITS UP TO A UP TO A 50% UNITS UP TO A 50% NEW UNITS AND YES, applies to
INCREASE IN THE tAODITIONAL REQUIRED ny exptlnsion of
of 10% of the number of YES YES, BASED ON 50% INCREASE IN THE NUMBER OF INCREASE IN THE PARKING UP TO A 50% ulti-family
units or 10 units, TOTAL TRIPS. NUMBER OF UNITS UNITS; THEN, FOR NUMBER OF UNITS; INCREASE IN THE ructuresfour
whichever is less. UNLESS THE ENTIRE THEN, FOR
SITE STILL COMPLIES; INCREASES INCREASES NUMBER OF UNITS; units and above.
THEN,FORINCREASES GREATER THAN GREATER THAN THEN, FOR INCREASES
GREATER THAN 50%, 50%, TO ALL 50%, TO ALL GREATER THAN 50%,
TO THE ENTIRE SITE. UNITS. PARKING. TO ALL STREET
FRONTAGE.
YES, APPLIED TO THE YES, APPLIED TO YES, APPLIED TO YES, APPLIED TO THE
EXPANDED NEW FLOOR THE ADDITIONAL LINEAR FEET OF
Non-residential IMPERVIOUS AREA AREA WITH PARKING REQUIRED STREET FRONTAGE
expansion (based on ATTRIBUTABLE TO THE EXTERIOR WALLS FOR THE NEW CONTIGUOUS TO THE
NEW FLOOR AREA UP UP TO A 50% NEW FLOOR AREA AND
floor area) of 1,000 sf or YES, BASED ON TO A 50% INCREASE IN INCREASE IN FLOOR AREA UP TO IADDITIONAL REQUIRED
25%, whichever is YES TOTAL TRIPS. FLOOR AREA UNLESS FLOOR AREA; A 50% INCREASE IN PARKING UP TO A 50% YES
greater [BUT NOT THE ENTIRE SITE STILL THEN, FOR FLOOR AREA; THEN, INCREASE IN FLOOR
EXCEEDING 10,000 SF COMPLIES; THEN, FOR INCREASES FOR INCREASES AREA; THEN, FOR
FOR RETAIL USES]. INCREASES GREATER GREATER THAN GREATER THAN INCREASES GREATER
50%, TO ALL '1
THAN 50%, TO THE 50%, TO ALL PARKING. THAN 50%, TO ALL
ENTIRE SITE. BUILDINGS. STREET FRONTAGE.
YES, APPLIED TO THE YES, APPLIED TO YES, APPLIED TO YES, APPLIED TO THE
EXPANDED THE NEW UNITS THE ADDITIONAL LINEAR FEET OF
IMPERVIOUS AREA OR NEW FLOOR PARKING REQUIRED STREET FRONTAGE
ATTRIBUTABLE TO THE AREA WITH FOR THE NEW CONTIGUOUS TO THE
NEW UNITS OR NEW EXTERIOR WALLS UNITS OR NEW NEW UNITS OR NEW
Casualty loss YES - BUT FLOOR AREA UP TO A UP TOA 50% FLOOR AREA UP TO FLOOR AREA AND
replacements (for all ONLY A 'PLOT YES, BASED ON 50% INCREASE IN THE INCREASE IN THE A 50% INCREASE IN ADDITIONAL REQUIRED
uses) that exceed the PLAN~ FOR TOTAL TRIPS (N/A NUMBER OF UNITS OR UNITS OR FLOOR THE NUMBER OF PARKING UP TO A 50% YES
TO SINGLE- FLOOR AREA (UNLESS INCREASE IN THE
above-defined SINGLE- FAMILY). THE ENTIRE SITE STILL AREA: THEN, FOR UNITS OR FLOOR NUMBER OF UNITS OR
thresholds. FAMILY. INCREASES AREA; THEN, FOR
COMPLIES); THEN, FOR GREATER THAN INCREASES FLOOR AREA; THEN,
EXPANSIONS 50%, TO ALL GREATER THAN FOR INCREASES
GREATER THAN 50%, UNITSfBUILDINGS 50%, TO ALL GREATER THAN 50%,
TO THE ENTIRE SITE (N/A TO SINGLE- PARKING (NfA TO TO ALL STREET
(N/A TO SINGLE~ FAMILY). SINGLE-FAMILY). FRONTAGE (NfAy~O
FAMILy)' , SINGLE-FAMILY.
Reconstruction after YES, APPLIED TO
any voluntary demolition YES YES YES, APPLIED TO THE ALL YES, APPLIED TO YES, APPLIED TO THE YES
of all or substantially all ENTIRE SITE. IMPROVEMENTS. ALL PARKING, ENTIRE SITE.
improvements
YES, APPLIED TO THE
YES, APPLIED TO LINEAR FEET OF
THE ADDITIONAL STREET FRONTAGE
LOST CANOPY DUE TO PARKING SPACES CONTIGUOUS TO THE
THE EXPANSION MUST UP TO A 50% NEW PARKING SPACES
Parking lot expansion BE REPLACED, BUT INCREASE IN THE UP TO A 50%
(excluding re-striping) of YES N/A ONLY IF THE SITE, AS A NfA NUMBER OF INCREASE IN THE "A
six spaces or more. WHOLE, DOES NOT SPACES; THEN, FOR NUMBER OF SPACES;
COMPLY. INCREASES THEN,FORINCREA$ES
GREATER THAN GREATER THAN 50%,
50%, TO ALL TO ALL PARKING WITH
PARKING. CONTIGUOUS STREET
FRONTAGE.
Conversion of a YES flnd MF
residential structure to a where units
non-residential use NfA N/A NfA NfA NfA NfA exceed three.
where no site , (Less than 2,500
improvements are ;Jconversionst'e
required. CriteriflMttnuttl)
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