2005-224FILE REFERENCE FORM 2005-224
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Amended by Ordinance No. 2006-322 11/07/06 JR
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ORDINANCE NO. Z 005-22
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 5 (ZONING DISTRICTS AND LIMITATIONS), SUBCHAPTER 13 (SITE
DESIGN STANDARDS), SUBCHAPTER 14 (PARKING STANDARDS) AND
SUBCHAPTER 23 (DEFINITIONS) OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER
DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND 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, as a part of a quarterly review of the Development Code, and after
conducting a public hearing as required by law, the Planning and Zoning Commission has
recommended certain changes to Subchapters 5, 13, 14 and 23; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the Comprehensive Plan
and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subchapters 5, 13, 14 and 23 of the Development Code are hereby
amended in part as particularly described in Exhibit "A" attached hereto and made a part hereof
by reference. All other provisions of Subchapters 5, 13, 14 and 23 not inconsistent with this
amendment shall remain in full force and effect.
SECTION 2. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of 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 City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. 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.
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PASSED AND APPROVED this the day of 2005
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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EXHIBIT "A"
Section 35.5.4.2 is amended as follows:
Residential Land Use Categories
Agriculture
CM-G
P
CM-E
P
Livestock
L(7)
L(7)
Single Family Dwellings
N
N
Accessory Dwelling Units
N
N
Attached Single Family Dwellings
N
N
Dwellings Above Businesses
P
N
Live/Work Units
P
N
Duplexes
N
N
Community Homes For the Disabled
P
P
Group Homes
N
N
Multi-Family Dwellings
L(6)
&L(4)
L(6)
&L(4)
Manufactured Housing Developments
N
N
P= Permitted, N=not permitted, SUP=
Specific Use Permit Required, L(X) = Limited
as defined in Section 35.5.8
Section 35.5.5.2. is amended as follows:
Residential Land Use Categories
Agriculture
P
P
I
P
P
Livestock
L(7)
L(7)
L(7)
L(7)
Single Family Dwellings
N
N
N
N
Accessory Dwelling Units
N
N
N
N
Attached Single Family Dwellings
P
P
P
P
Dwellings Above Businesses
P
P
P
P
Live/Work Units
P
P
P
P
Duplexes
N
N
N
N
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Community Homes For the Disabled
P
P
P
P
Group Homes
SUP
SUP
SUP
SUP
Multi-Family Dwellings
A L(4)
R 41
L(6t4 L
L(4
Manufactured Housing Developments
N
N
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
Section 35.5.5.2.2 is amended as follows:
Residential Land Use
Categories
Agriculture
P
NR-2
P
NR-3
P
NR-4
1
P
N R-6
P
NRMU-
1 12
P
NRMU
P
Livestock
L(7)
L(7)
L(7)
L(7)
L(7)
L(7)
L(7)
Single Family Dwellings
P
P
P
P
P
P
N
Accessory Dwelling Units
SUP
L(1)
SUP
L(1)
SUP
L(1)
SUP
L(1)
SUP
L(1)
L(1)
N
Attached Single Family Dwellings
N
N
SUP
SUP
P
P
L(40)
Dwellings Above Businesses
N
N
N
N
N
P
P
LiveNJork Units
N
N
N
N
L(16)
P
P
Duplexes
N
N
N
L(3)
P
P
N
Community Homes For the Disabled
P
P
P
P
P
P
P
Group Homes
N
N
N
N
N
SUP
SUP
Multi-Family Dwellings
N
N
N
N
N
R1 4
SUP
L(4)
Manufactured Housing Developments
N
SUP
N
N
SUP
N
N
P= Permitted, N= not permitted, SUP= Specific Use Permit Required, L(X) = Limited
as defined in Section 35.5.8
Sub-chapter 35.5.8 L(4) is amended as follows: - D°"RittO t as p^'' Of ^ FBi 0d
Multi-family is permitted only:
1. With a Specific Use Permit; or
2. As part of a Mixed-Use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-familv use within
one year prior to the effective date of Ordinance No. 2005-224; or
5. If allowed by a City Council approved neighborhood (small area) plan.
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A new Section 35.5.9 is added:
Section 35.5.9 Additional Mixed Use Restrictions:
35.5.9.A All multi-family proposed as part of a Mixed Use Development in the NRMU-12,
NRMU, CM-G, CM-E, RCR-l, RCR-2, RCC-N and RCC-D zoning districts shall:
(1) Be subject to a development agreement (the "Development Agreement") between
the property owner and the City which shall be entered into prior to final plat
approval for any portion of the development. The Development Agreement shall
contain Assurances, other covenants, and a Phasing Plan stipulating that non-
residential development will be constructed first and multi-family residential
constructed last or only after 50% or more of the non-residential component has
been developed. The Development Agreement shall be in recordable form and be
recorded in the Real Property Records of Denton County, Texas and shall
constitute covenants running with the land and will be binding on all owners and
future owners of the property. Phasing Plan is defined as a graphic and narrative
document that indicates the sequence and/or timing of construction and shall
provide a description of the phasing order (1, 2, 3,) or by time period (2005, 2006,
2007,) and includes infrastructure requirements for each phase.
(2) If a phased project proposes all or a majority of the common amenities for future
phases, (including, but not limited to, open space, landscaping and/or recreational
facilities) then "Assurances" are required. The Assurances will address amenities
not constructed in the early phases so that in the event that the future phases are
not developed, sufficient common amenities will be provided for the phases
actually developed. The Assurances will be a cash amount equal to the estimated
cost to develop the amenities as determined by the applicant's professionals and
the City Manager. The city will use the security to construct the amenities if the
developer fails to perform in accordance with the "Assurances".
(3) Before building permits may be issued for any portion of the project, a
preliminary site plan for the entire project must be approved. Diversification of
ownership will not be considered a valid basis or iustification for a variance or an
amendment to a previously approved site plan.
35.5.9. B. Exemptions
Master Planned Developments. Existing shall be exempt from the additional mixed-use
restrictions.
35.5.9.C. Appeals
Any applicant may request deviations from the additional mixed-use restrictions and the multi-
family residential design standards that are consistent with the spirit and intent of this chapter, by
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appealing to the Planning and Zoning Commission and City Council through the alternative
development plan procedure under Section 35.13.5 of this Code.
Section 35.13.13.2 is amended as follows:
35.13.13.2 Multiple Unit Residential Buildings. Dwellings and Multi Family Developments
ptid-@444 AM Di
Any residential buildings designed for multiple units, either for rental or condominium
ownership and their lots, shall comply with the following standards:
A. Orientation.
1. Orientation requirements for all multi unit buildings, except in designated
pedestrian zones:
a. At least 50% of the front yard frontage shall have buildings within 44-20 feet
of the front property line or.within 30 feet of the curb line of a private street.
b. Buildings that are located within 48 20 feet of property line adjacent to a front
yard or within 30 feet of the curb line of a private street shall have at least
2544 40% of the wall facing the street in window or door areas.
c. Parking areas shall not be located between buildings and the street. Parking
lots may be located on the sides and behind the buildings.
d. Buildings constructed within 100 feet of existing single-family use or zoning
district, shall be limited to a single story with a pitched roof.
e. Residential proximity slope is a plane projected upward and outward from a
specific property or site.
(1) the vertical plane extending through the boundary line of a specific
property or site; and
(2) the grade of the restricted building or structure.
and right-of-way dimensions.
f. Buildings shall front on public streets and/or a private street system and not
parking lots.
g. Buildings shall be directly accessed from the street and the sidewalk. A
minimum of one ground floor pedestrian entrance must be oriented toward
the street and include a porch.
h. Entrances shall be clearly visible from the street edge sidewalk and shall be
pedestrian-scaled. Front entries should be denoted through the use of
distinctive architectural elements and materials, such as ornamental glazing
or paving, over doors, porches, trellises or planter boxes or as otherwise
identified in this section.
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i. Accessory structures such as camorts, garages and storage units (but not
including leasing offices.. club houses or recreation centers) shall not be
located along public right-of-way and/or private street system.
j. Garages may occupy no more than 40% of the total building frontage. This
measurement does not apply to garages facing an alley or courtyard entrance.
Any garage may not extend beyond the building front. Garages that are at
least 30 feet behind the house front may exceed the 40% frontage minimum.
Garages shall not be located along the portion of the building that fronts the
public or private street.
2. A project greater than 3 acres must contain a public or private street system that
Private Streets shall be required to include
sidewalks of at least 5 feet, a 5 foot wide planting area between the curb and the
sidewalk and include street trees according to the standards of this section, but
public street setbacks shall not apply.
3. Special Standards for Large Scale Multi Family Developments (greater than 30
units and/or more than 3 buildings). The same exterior design may not be used
for greater than 30 units and/or more than 3 buildings in a project. A variety of
compatible exterior materials' use and type, building styles, massing,
composition, and prominent architectural features, such as door and window
openings, porches, rooflines, shall be used.
B. Building Materials.
2- Windows shall be provided with trim. Windows shall not be flush with exterior
wall treatment. 11417ind-R,Ivs shall he provided with an arehiteetufal siwrailnd At flqe
}
.a!it.......♦er:..l " ,°«0.fHar:I....SOEI F r the building st yle. An amount equal to 40%
of the total net exterior wall area of each building elevation, excluding gables,
windows, doors and related trim , shall be brick or stone or masonry. The balance
of the net exterior wall may be wood clapboard siding, wood beaded siding,
stucco, masonry. HDO board or other high quality material (as determined by the
Building Official) customarily used for the building and neighborhood style.
4. Glass Use 4 glass F r Elisplays and to allow . .al a ♦e inteAef ^
5. Metal Roofs. Metal roofs are permitted provided that they are of architectural
quality.
D. Architectural Requirements
Facade modulations/building articulation: Facades must be broken un to give the
appearance of a collection of smaller structures. Elements including but not
limited to balconies, setbacks and projections may be utilized to articulate
individual units or collections of units. Unarticulated and windowless walls along
street-facing or principle access lane facades are not permitted.
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2. Fronts and street sides of buildings visible from the public right of way or private
street system shall include changes in relief such as columns, cornices, bases,
fenestration and fluted masonry, for at least 15% of the exterior wall area.
3. Stairwells shall not be the dominant architectural feature along any facade facing
a public street or private street system.
4 Accessory structures (including detached garages, carports and storage units)
visible from the public right-of-way, private street system and/or adjacent
residential properties shall include at least three (3) of the following on the facade
that is visible:
a. Facade modulation of at least six (6) inches for every thirty (30) feet
of wall length;
b. Multiple building materials (e g. brick fieldstone, limestone, marble,
granite textured block architectural pre-cast concrete, concrete
composite siding wood clapboard siding, wood beaded siding,
stucco or vinyl siding);
C. Multiple surface textures (e g. rough striated, imprinted, etc.) or
patterns;
d. Separation in roof pitch variation in direction of roof pitches,
inclusion or dormers or other variation on roof design; or
5. Use of false door or window openings shall be defined by frames sills and lintels.
6. Fronts and street sides of buildings visible from the public right of way shall
include changes in relief such as columns cornices bases, fenestration, and fluted
masonry, for at least 15% of the exterior wall area.
7. Building frontages greater than 100 feet in length shall have recesses, projections,
windows arcades or other distinctive features to interrupt the length of the
building facade. ,
8. Adjacent buildings shall have different elevations.
9. Any buildings constructed with a flat roof must contain a distinctive finish
consisting of a cornice, banding or other architectural termination.
Section 35.13.13.3 is eliminated in its entirety.
Section 35.14.5 Credit for On-street Parking is amended by adding the following:
G On-street parking for multiple family dwellings shall be limited to parallel
parking spaces.
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Sub-chapter 35.23 is amended by adding the following definitions:
Cornice: A continuous, molded projection that crowns a wall or other construction, or divides it
horizontally for compositional purposes.
Facade Articulation: A method or manner of jointing that makes the united parts clear, distinct,
and precise in relation to each other. For example, when a brick clad section meets up with a
glass curtain wall, a variation in plane is generally needed to avoid the facade appearing too flat.
Master Plan Development, Existing is defined as existing development that is the subject of
platting infrastructure or development activity prior to the adoption of the new ordinance, and
that incorporates mixed use development in a comprehensive integrated site plan instead of on a
lot-to-lot basis.
Mixed Use Development is defined as any single development that combines three or more
mutually supporting land uses on a single parcel or site or within a general development plan,
overlay district or cohesive zoning plan. Land uses may be mixed vertically (within the same
physical structure), or horizontally connecting buildings (physical and functional integration of
project components, including uninterrupted pedestrian connections) on the same lot and/or
under unified control. Multifamily as a single use cannot exceed 40% of the acreage in an
NRMU-12 or NRMU zoning district, 50% of the acreage in an RCR-1 or RCR2 zoning district,
or 30% of the acreage in an RCC-D or RCC-N zoning district.
Overdoor: An ornamental painting, carving, or section of woodwork directly above a doorway.
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