2007-095S~\Our Documentsl0rdinanees\07\DCA05-OOOS.doc
ORDINANCE NO. ~ OO ~- OGIj
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 35.7, 35.13 AND 35.23 OF THE DENTON DEVELOPMENT CODE,
PERTAINING TO AN INFILL SPECIAL USE DISTRICT; PROVIDING FOR A PENALTY
CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0005)
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, afrer providing notice and after conducting public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter 35.7
35.13 and 35.23 of the Development Code, pertaining to Infill Special Use districts; and
WHEREAS, afrer providing notice and after conducting a public hearing as required bylaw,
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
TI-IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The endings and recitations contained in the preamble ofthis ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.7, 35.13 and 35.23 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 35.7, 35.13 and 35.23 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 ofthis
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~'~~day of , 2007.
~ ~m~~~
PERR McNEII.L, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ^ , ~ 1
APPROVED AS TO LEGAL FORM:
PAGE 2
EXHIBIT A
INFILL REGULATIONS
Subchapter 7 -Special Purpose and Overlay Districts
35.7.14 Int'ill Special Purpose District
35.7.14.1 Purpose and Intent.
The purpose of this district is to provide standards for the development of infill lots in
existing neighborhoods on parcels of land that have remained undeveloped.
The specific objectives of this district are to:
• Allow flexibility in location, type and density, within the densities supported by
the Denton Plan and the Denton Development Code;
• Provide flexibility in lot size, configuration, and vehicle access to facilitate infill
development;
• Provide development standards that promote compatibility between new and
existing development and promote certainty in the marketplace;
• Encourage development of needed housing in close proximity to employment and
services;
• Promote neighborhood preservation and enhancement through infill development
of vacant properties;
• Encourage mixed use development opportunities in order to provide housing and
neighborhood services close to jobs;
• Encourage development that meets the city's economic development goals; and,
• Encourage new development as well as preservation of a diversity of housing
types and price ranges in existing neighborhoods.
35.7.14.2 Applicability and General Provisions.
There is hereby established a special purpose district to be known as the Infill Special
Purpose District. The boundary of the Infill Special Purpose District is shown on Figure
35.7.14.2.
All applications for development of buildings, structures, and lots within the
Neighborhood Residential and Downtown University Core Zoning Districts that are no
greater than two acres may utilize the flexibility, restrictions, limitations, and provisions
of the Infill Special Purpose District regulations as noted in this article, provided that:
]. the proposed area has not been replatted into less than two acre lots afrer the
effective date of the adoption of this ordinance; and
2. the proposed area lies fully within the boundaries of the Infill Special Purpose
District; and
3. the proposed area does not fall within any other Special Purpose or Overlay
district.
In the case of conflict among regulations, the more flexible standard shall apply.
A. Permitted Uses.
• All uses permitted by the underlying zoning
• Zero-lot line dwellings (permitted only within the Downtown University Core
Zoning Districts)
B. Neighborhood Meeting Requirement.
1. Applicants proposing to develop on infill lots meeting the characteristics of this
district shall conduct at least one neighborhood meeting, which shall be attended
by one or more City Planners, prior to the approval by the Development Review
Committee Chair. Record owners of property within 500 feet of the subject
property, as reflected in the records of the Denton Central Appraisal District, shall
be notified by mail 10 days prior to the neighborhood meeting by the applicant.
The neighborhood meeting shall be held at a public faci]ity, such as a public
library or community center in close proximity of the subject property.
2. Prior to the conclusion of the Neighborhood Meeting, the City Planner in
attendance will describe any administrative adjustments granted under
§35.7.14.2.D.1, and invite the written protests of any notified property owners in
attendance who wish to bring such administrative adjustments forward for
consideration by the Planning and Zoning Commission.
3. No further public notification of any such meeting before the Planning and
Zoning Commission shall be required, other than an agenda posting as required
by the Texas Open Meetings Act, and the decision of the Planning and Zoning
Commission shall be final.
C. Plan Requirement.
A site plan shall be submitted for infill development within the Infill Special Purpose
District. The site plan shall be approved by the Building Division prior to the issuance of
a building permit.
D. Approval Process, Administrative Adjustments and Appeals.
1. The Planning Director is authorized to grant administrative adjustments up to
25% from the requirements of Subchapter 5 of the Denton Development Code for
height, setback, and lot coverage within Neighborhood Residential Zoning
Districts and Downtown University Core Zoning Districts in the Infill Special
Purpose District.
2. Decisions on administrative adjustments may be appealed to the Planning and
Zoning Commission by the applicant or by any property owners who have filed a
written protest of the administrative adjustments, as set forth in §35.7.14.2.B.2.
Such an appeal will follow the Staff Review procedure set forth in §35.3.7.D.1.
If the protests received at the neighborhood meeting include those of the record
owners of 20% or more of the property lying within 200 feet of the subject
property, the hearing before the Planning and Zoning Commission shall also
2
incorporate a public hearing. In either event, the decision of the Planning and
Zoning Commission is final.
3. Adjustments in excess of 25% require the approval of both the Planning and
Zoning Commission and the City Council, using the Zoning Amendment
procedure set forth in §§35.3.4.C.2 through 35.3.4.C.4.
E. Content of Application.
Applications shall be accompanied by an accurately dimensioned site plan showing the
placement of all structures, and detailed scaled elevation sketches or photographs of the
front and side elevations of all proposed and existing structures to remain. The applicant
may be required to furnish such additional information or supporting detail as may be
reasonably necessary to assure compliance with the standards herein.
F. Compatibility.
While this Section is intended to promote quality development and eliminate conditions
of gross design incompatibility that have the potential for enduring a century or more, it
is not intended to stifle individuality or compel rigid conformity. Recognizing that great
diversity of style, often between homes side by side, is one of Denton's central
neighborhood strengths, this section is set forth with the intention that the acceptable
level of compliance with these standards will be the minimum necessary to assure
compatibility, not conformity. This Section of the Code may be augmented by the
publication in the Criteria Manual of guidelines intended to illustrate the standards. Such
guidelines may be referenced in the interpretation and administration of the standards
herein.
G. Exclusions.
The provisions of the Infill Special Purpose District may not be applied to the following:
1. Infill of an entire street whole block face;
2. Infill of an entire neighborhood;
3. Infill of land greater than two acres in size;
4. Infill ]and replatted into less than two acre lots after the effective date of the
adoption of this ordinance; or
5. Infill land located within the boundaries of any other Special Purpose or Overlay
district.
35.7.14.3 Development Standards.
"this section sets standards for structure placement, height, scale, proportion, direction
emphasis, design details, texture, and materials.
A. Where an infill development abuts a structure that is on the City of Denton's List
of Historic Landmark Designations, the state of Texas Recorded Texas Historic
Landmarks (RTHLs) or the U.S. National Register of Historic Places or, is located on or
within two blocks in any direction of the Denton courthouse square or is adjacent to any
historic or conservation district, then the infill development must be compatible with
established structures in the neighborhood in accordance with the following six
standards:
3
Placement. No new or moved structure shall be located any closer nor any further
away from a street property line than the structure situated on either side of it.
Building separation shall be consistent with the general character of the
neighborhood. Primary structures shall be oriented with the front fagade and
primary entrance facing the street or shall be oriented compatibly with the
neighborhood where the neighborhood orientation is not with the front fapade and
primary entrance facing the street. Garages shall be located consistent with the
character of garage location in the neighborhood. Any lot located on an alley and
situated between structures that have vehicular access only to that alley shall be
developed with driveway access to the alley only. Review and approval of garage
placement under this section shall be consistent with other setback regulations and
exceptions of this Chapter and the building code and fire code.
2. Height, Scale and Proportion. The height of any structure shall be consistent with
the character of the neighborhood. Finished floor elevations (FFE), and front
yard grade elevations shall be similar to those adjacent structures unless the
Floodplain Administrator requires a higher FFE. Overall height, width, scale, and
general proportions shall be similar to or consistent with the character of the
neighborhood.
3. Roof style and pitch of the proposed structure shall be architecturally consistent
with the neighborhood character.
4. Facade, Materials and Detail. Where neighborhood character includes discernable
patterns of detail, including but not limited to, door and window trim, corner
boards, cornice details, railings, and shutters, the details of any primary structure
(or accessory structure visible from the public right of way) shall be compatible
with such character. Where neighborhood character includes open or enclosed
front porches, any primary structure shall include a similar porch. The materials
and relative proportions of doors and windows of the principal structure and any
accessory structure visible from the public right of way shall be compatible with
neighborhood character. Siding width shall be compatible with neighborhood
character. Exposed wood on any structure shall be painted or stained in a manner
generally compatible with neighborhood character.
5. Maximum Lot Coverage. Lot coverage shall be compatible with the existing
neighborhood character.
6. Front Yard Setbacks. Front Setbacks are as permitted by the underlying zone.
However, the contextual setback option may be granted by the Planning and
Development Director. A contextual setback is an average of the setbacks of
adjacent or abutting lots. In a case where an existing structure is located within
20-40 feet of the subject site and fronts the same street as the proposed building, a
front yard setback similar to that of the nearest primary structure shall be used.
"Similar" means the setback is within 0-10 feet of the setback provided by the
4
nearest structure or building. If there are two adjacent structures fronting onto the
same street, then an average measurement shall be taken using the two adjacent
structures. In no case shall the front yard setback be less than five feet, except in
the NRMU, DC-N and DC-G zoning districts, where there are no minimum front
yard setback requirements.
B. Tree Preservation and Landscape Requirements.
1. Infill development, as defined in this Chapter, shall be exempt from
Subchapter 35.13.7.C. Street Tree Requirements, provided that at the time of
permitting, street trees are not present on a majority of the developed lots:
a. located on either side of the same street as the infill lot,
b. between the same intersecting streets as the infill lot, and
c. within the same land use category as the infill lot.
2. Infill development, as defined in this Chapter, shall be exempt from
Subchapter 35.13.10.C.3 Landscaping Standards where front parking is
allowed. All other provisions of Subchapter 35.13.7 Tree Preservation and
Landscape Requirements shall apply.
C. Parking. All requirements of Subchapter 35.14. (Parking Standards) shall apply.
For single-family dwellings on infill lots as described in this section, tandem parking
shall be allowed. For developments on infill lots, as defined in this section, parking in
front shall be allowed.
D. Zero-Lot Line Dwelling. Zero Lot Line Dwellings shall be permitted on infill lots
except as provided in 35.7.14.3.A and are subject to the same standards as detached
single family structures elsewhere in the Denton Development Code, except that the
following additional provisions shall apply:
When a proposed zero-]ot line dwelling shares a side property line with an
existing non-zero lot line development, the zero-lot line dwelling shall be setback
from the common property line by a minimum of five feet regardless of the
setback requirements of the underlying zoning district, unless a greater setback is
required by the Fire Code. Refer to Figure 35.7.14.3.D;
2. Where two of mare zero lot-line dwellings are proposed a building separation
between the proposed zero lot-line dwellings shall be 10 feet. Where a proposed
zero lot-line dwelling shares a side property line with a proposed non-zero lot line
dwelling, the setback shall be 10 feet. Refer to Figure 35.7.14.3.D;
3. Prior to building permit approval, the applicant shall submit a copy of a recorded
easement for every zero lot line house that guarantees rights for construction and
maintenance structures and yards. The easement shall stipulate that no fence or
other obstruction shall be placed in a manner that would prevent maintenance of
structures on the subject lot;
5
4. Placement and/or design of windows on the ground-floor of the zero-lot line
house shall support privacy for the occupants of the abutting lot as well as for the
proposed development; and
5. The development shall comply with the design standards in Subchapter 13 Site
Design of the Denton Development Code.
E. Sidewalk construction. [n cases where infill development is required to construct
a sidewalk on abutting non-collector or non-arterial road rights of way pursuant to
Section 35.20.3.B of this code, and for interior lots where sidewalk does not exist along
said street in front of both properties abutting the subject infill residential development
site on the same side of the street, infill development shall not be required to construct a
sidewalk along the non-collector and non-arterial street abutting the subject development.
For proposed infill on comer lots, sidewalks are not required to be constructed along any
street in which the abutting property does not have an existing sidewalk, unless the street
is classified as an arterial or collector; otherwise, the proposed infill development is
required to construct a sidewalk from the end of sidewalk to the corner of the lot when
sidewalk does exist along said street in front of an abutting property.
6
Figure 35.7.14.3.D
5 fee[ 5 feet
min. min.
set- set-
back back
10 feet 10 feet 10 feet
~
z min. ..3 min. 4 l'
min.
5
set- set- ~
--
t
se[
back
back i--.J~
back
( Infill Lots ~
Street
Notes:
a. Zero lot line dwelliings are permitted only in the Downtown University Core zoning districts.
b. Lots 2, 3, 4, and 5 are infill lots.
c Lot 1 and 6 are existing non-zero lot line dwellings.
d. Lot 2, 3,and 4 are proposed zero lot line dwellings.
e. Lot 5 is a proposed non-zero lot line dwelling.
L When a proposed zero-lot line dwelling (lot 2) sharesa side property line with
an existing non-zero lot line development (lot 1), the zero-lot line dwelling shall
be setback from the common property line by a minimum of five feet.
g. Where two of more zero lot-line dwellings (lot 2, 3, and 4) are proposed
a building separation between the proposed zero lot-line dwellings shall be 10 feet.
h. Where a proposed zero lot-line dwelling (lo[ 4) shares a side property line with
a proposed non-zero lot line dwelling (lot 5), the setback shall be 10 feet.
F. Perimeter Paving Requirements/Road improvements on abutting non-collector
and non-arterial road rights-of way. In cases where a plat is required to construct ahalf-
street road on abutting public or private street rights-of--way pursuant to Section 35.20. L,
and for interior lots where said street in front of both properties abutting the subject
development site on the same side of the street has not been improved to the subject
standard, the subject development shall not be required to construct ahalf-street road
along the non-collector and non-arterial street abutting the subject development. This
section does not apply where the development would occupy a full block face.
For proposed infill on corner lots, ahalf-street road is not required to be constructed
along any street in which the abutting property does not have a roadway improved
pursuant to Section 35.20.L, unless the street is classified as an arterial or collector;
otherwise, the proposed infill development is required to construct ahalf-street road from
the end of the improvement to the center of the intersection when a roadway does exist
along said street in front of an abutting property.
G. Unless otherwise noted in this Section, all other applicable standards of the
Denton Development Code and Criteria Manual shall apply.
7
Figure 35.7.14.2
Infill Special Purpose District
V
D Feet
0 1,100 2.200 4,400
Amendments to 35.13.13.3.C.l.b
Except as prohibited by Section 35.13.13.3.C.l.a. Infill parcels meeting the requirements
of Section 35.7.4--p13.2 and the general regulations for parking in front of buildings set
forth in 35.13.13.3.0.3 are exempted from prohibitions against parking in front of
buildings.
Amendments to 35.23.2 Definitions.
Infill Development: Development on a vacant parcel or groupings of vacant lots within
an existing block surrounded by existing development that is contiguous on at least two
sides for corner lots and contiguous on at least three sides for interior lots (existing
development located directly in front on the other side of the street may count as a side
for interior lots only), no greater than two acres in size, and is served with all or most
public services and facilities, including but not limited to water, wastewater and drainage.
Neighborhood: a sub area of the City of Denton in which the residents (or non-
residential uses) share a common identity focused around a school, park, or community
business center that are generally within walking distance of the homes or businesses,
architecture, or other features with boundaries that may include highways, railroads or
such natural features as rivers. The neighborhood character shall be deemed to be the
prevailing character of structures within 300 feet in either direction along street frontages,
irrespective of intervening streets.
Zero lot line dwellings: Zero lot line dwellings are detached single-family dwellings that
have a side yard setback of zero feet on one side.
9