1965-029 AN oRDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS, REQUIRING A FIFTY FOOT SET-BACK FROM
UNITED STATES AND STATE HIGHWAY RIGHTS-OF-WAY AND FRONTAGE
ROADS THEREOF FOR ALL STRUCTURES LOCATED IN THE CITY OF
DENTON; ESTABLISHING CERTAIN EXCEPTIONS THERETO, REPEALING
CONFLICTING ORDINANCES, PROVIDING A SAVINGS CLAUSE, AND
DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE cITY OF DENTON, TEXAS, HEREBY oRDAINS
That the Code of ordinances of the City of Denton, Texas,
is hereby amended by addxng new articles 13 13 (c) (7), 13 14
(c) (7), 13 15 (c) ~7}, 13 16 (c) (6), 13 17 (c) (6), 13 18
(c) ('1), 13 18 (c) (3), 13 18 (c) (6), 13 19 (c) (6), 13 20 (C)
1 C) (1) and 13 21 (c) (2) in Chapter
(1), 13 20 (C) (2),.13 ~ _( ....... which shall hereafter read
Thirteen of said Co~e o~ oraln~nu=o,
as f~llows:
ARTICLE 13.13 - "R" - Dwelllnq District
(c) Area Requirements
(7) H=qhwa¥ Set-back Requirement In addition to the
above requirements, all structur~ shall be set
back a minimum of fifty (50) feet from any right-
of-way of the Un~ted States or State Highway System
(any highway designated as ~U S. or State highway)
including the frontage roads thereof, but excluding
business routes At the present time, this highway
system includes all frontage roads of I H 35 and
I H. 35 E, Loop 288, Highway 24 from Glenwood east,
H~ghway 24 from H=nkle Drive west, and East McKlnney
from Ruddell East This f~fty-foot area may be used
for off-street parking, drivewayS, signs, canopies,
and pump islands No sign, canopy or pump island,
however, shall be located w~thln twenty-five (25)
feet of such highway
ARTICLE 13.14 - "D" - Dwelllnq Dlstrlc,~
(c) ~rea Requirements
(7) Hlqhway Set-back Requirement In addition to the
above requirements, all structures shall be set
back a minimum of fifty (50) feet from any right-
of-way of the United States or State Highway System
(any highway designated as a U. S or State highway)
including the frontage roads thereof, but excluding
the business routes At the present time, this
highway system includes all frontage roads of I H 35
and I H 35 E, Loop 288, Highway 24 from Glenwood
east, Hlghway 24 from Hlnkle Drive west, and East
McKinney from Ruddell east Th~s fifty-foot area
may be used for off-street parking, driveways, signs,
canopies, and pump islands No sign, canopy or pump
island, however, shall be located within twenty-five
(25) feet of such h~ghwaY
ARTICLE 13 15 - "A-,,i" - Dwell~nq D~str~ct
(¢) Area Requirement~
(7) Hlqhwa¥ Set-back Requirement In addition to the
above requirements, all structures shall be set
feet from any r~ght-
back a mlnA~m of f~fty (50)
of-way of~Un~ted states or State Highway
System (any h~ghway designated as a U.S or State
Highway) lnclud~ng the frontage roads thereof, but
excluding bus,ness routes At the present t~me,
thls h~ghway system ~ncludes all frontage roads
of I.H 35 and I H. 35 E, Loop 288, H~ghway 24 from
Glenwood east, H~ghway 24 from Fnn~le Dr~ve west, and
East McKlnney from Ruddell east Th~s f~fty-foot
area may be used for off-street parking, driveways,
s~gns, canopies, and pump ~slands No s~gn, canopy,
or pump ~sland, however, shall be located wlthln
twenty-flve (25) feet of such h~ghway
ARTICLE 13 16 - "A-2" - Dwell~nq D~strlct
(c) Area RequirementS,
(6) Hlqhwa¥ Set-back Requlrement In addition to the
a~bove requirements, all structures shall be set
back a mln~mu~ of fifty (50) feet from any right-
of-way of~ Un~ted States or State H~ghway
System (any highway designated as a U S or State
Highway) includlng the frontage roads thereof, but
excluding buslness routes At the present t~me,
th~s h~ghway system ~ncludes all frontage roads of
I H 35 and I H 35 E, Loop 288, Highway 24 from
Glenwood east, H~ghway 24 from H~nkle Drive west,
and East McK~nney from Ruddell east Th~s f~fty-
foot area may be used for off-street parking,
driveways, s~gns, canopies, and pump ~slands No
slgn, canopy, or pump island, however, shall be
located wlth~n twenty-five (25) feet of such highway
~ - Local Retail D~str~ct
(c) A__rea Requxremen%~
(6) In addltion to the above requirements, all structures
shall be set back a m~nlmum of flfty (50) feet from
any r~ght-of-way of the United States or State H~ghway
System (any h~ghwaY designated as a U S or State
Hlghway) lnclud~ng the frontage roads thereof, but
excluding bus,ness routes At the present t~me, th~s
h~ghway system ~ncludes all frontage roads of I H 35
and I H 35 E, Loop 288, H~ghway 24 from Glenwood east,
H~ghway 24 from H~nkle Dr~ve west, and East McK~nney
from Ruddell east Th~s fifty-foot area may be used
for off-street customer parking, driveways, s~gns,
canopies and pump ~slands No s~gn, canopy, or pump
lsland, however, shall be located w~thln twenty-five
(25) feet of such h~ghway
~ocal Bus.neSS D~strlct
(¢) Area Requirements
(1) (Add to existing provisions, which remain effective)
Provided, however, that no structure shall be erected
for any purpose within fifty (50) feet of a United
States or State Highway or frontage Road thereof, as
provided in subsection (6), lnfra
(3) (Add to exlstlng provlslons, which remain effective)
, except as provided in subsection (6), infra
(6) In addition to the above requirements, all structures
shall be set back a m~nlmum of fifty (50) feet from
any r~ght-of-way of the Un~ted States or State H~gh-
way System (any highway designated as a U S or State
H~ghway) ~nclud~ng the frontage roads thereof, but
excluding bus,ness routes At the present t~me, th~s
h~ghway system includes all frontage roads of I H 35
and I H 35 E, Loop 288, H~ghway 24 from Glenwood
east, H~ghway 24 from Hlnkle Drive west, and East
McK~nney from Ruddell east Th~s f~fty-foot area may
be used for off-street customer parking, driveways,
slgns, canopies, and pump ~slands No s~gn, canopy,
or pump ~sland, however, shall be located w~thln
twenty-flve (25) feet of such hlghway
ARTICLE 13 19 - "B" - Bus~ness D~str~c~
Area Requ~rement~
(c) _
(6) In addition to the above requirements, all structures
shall be set back a minimum of flty (50) feet from
any r~ght-of-Way of the Un~ted states or State H~gh-
way System (any highway designated as a U.S or State
Highway) ~nclud~ng the frontage roads thereof, but
excluding bus.ness routes At the present t~me, th~s
h~ghway system ~ncludes all frontage roads of I H 35
and I.H 35 E, Loop 288, H~ghway 24 from Glenwood east,
Highway 24 from H~nkle Dr~ve west, and East McKlnney
from Ruddell east Th~s f~fty-foot area maY be used
for off-street customer parking, driveways, s~gns,
canopieS, and pump ~slands No s~gn, canopy, or pump
~sland, however, shall be located within twenty-f~ve
(25) feet of such highway
~ ht industrial D~str~ct
(c) ~rea ~equlrements,
(1) (Add to existing provisions)
Provided, however, that all buildings and structures
shall be set back a minimum of f~fty (50) feet from
any right-of-way l~ne of the United States or State
H~ghway System (any h~ghway designated as a U S or
State Highway) including the frontage roads thereof,
but excluding bus.ness routes At the present t~me,
this highway system includes all frontage roads of
I H. 35, I H. 35 E, Loop 288, Highway 24 from Glenwood
east, Highway 24 from Hlnkle West, and East McK~nney
from Ruddell east Th~s fifty-foot area may be used
for off-street ~s%~mer parking, driveways, signs,
canopies, and pump islands No s~gn, canopy, or pump
island, however, shall be located within twenty-f~ve
(25) feet of such h~ghway
(2) (Add to ex~stlng proVisions)
In no case, however, shall a building or structure
be located within fifty (50) feet of any rlght-of-
way of any Un~ted States or State Highway, ~nclud~ng
the frontage roads thereof, but excluding bus.ness
routes At the present t~me, this h~ghway system in-
cludes all frontage roads of I H 35 and I H. 35 E,
Loop 288, Highway 24 from Glenwood east, H~ghwaY 24
from Hlnkle Dr~ve west, and East McK~nney from Ruddell
east This f~fty-foot area may be used for off-street
parking, driveways, s~gns, canopies and pump ~slands
No s~gn, canopy or pump island, however, shall be
located within twenty-five (25) feet of such highway
~av Industrial District
(c) A~rea RequirementS,
(1) (Add to existing proVlsxons)
Provided, however, that all buildings and structures
shall be set back a mlnlmum of flfty (50) feet from
any right-of-way line of the Un.ted States or State
Highway System (any highway designated as a U.S or
State Highway) including the frontage roads thereof,
but excluding bus~ness routes At the present time,
th~s hlg~ay system includes all frontage roads of
I H. 35 and I H 35 E, Loop 288, H~ghway 24 from
Glenwood east, Hlghway 24 from Hlnkle Dr~ve west, and
East McKlnney from Ruddell east Th~s f~fty-foot area
may be used for off-street customer parking, drive-
ways, s~gns, canopies, and pump islands No s~gn,
canopy or pump island, however, shall be located
within twenty-five (25) feet of such highway
(2) (Add to exzst~ng proVisions)
In no case, however, shall a building or structure
be located within fifty (50) feet of any r~ght-of-
way of a Un.ted States or State Hlghway, including
frontage roads thereof but excluding business routes
At the present t~me th~s highway system ~ncludes all
frontage roads of I H. 35, and I H 35 E, Loop 288,
H~ghway 24 from Glenwood east, H~ghway 24 from Hlnkle
Dr~ve west, and East McK~nney from Ruddell east Th~s
f~fty-foot area maY be used for off-street parking,
driveways, signs, canopieS and pump ~slands No s~gn,
canopy, or pump island, however, shall be located
within twenty-five (25) feet of such highwaY
That all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective which are inconsis-
tent or in conflict w~th the terms or provisions contained in this
ordinance are hereby repealed to the extent of any such conflict
SECTION III.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or appllcat~on thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of th~s ordinance, and the C~ty Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such ~nval~dlty
SECTION IV
That this ordinance shall become effective fourteen (14)
days from the date of ~ts passage, and the C~ty Secretary ~s
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record Chronicle within ten (10)
days of the date of ~ts passage ~~
PASSED and APPROVED th~s ~y , day of' ,,, A D 1965
Warren ~rhltson, Jr , Mayor
City of Denton, Texas
ATTEST ~
City of Denton, Texas
APPROVED AS TO LEGAL FORM
tyQ Barton, City Attorney
of Denton, Texas