Loading...
2004-009S:\Our Documents\Ordinances\03\SI03-0023.doe AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 (ZONING DISTRICTS AND LIMITATIONS AND SUBCHAPTER 23 (DEFINITIONS) OF THE DENTON DEVELOPMENT CODE, PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SI03-0023) 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 conducting a public hearing as required by law on December 17, 2003, the Planning and Zoning Commission recommended approval of certain changes to Subchapters 5 and 23; and WHEREAS, after providing notice and 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. Subchapter 5 of the Development Code is hereby amended in part as particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other provisions ofsubehapter 5 not inconsistent with the amendment shall remain in full force and effect. SECTION 2. The definition of Major Event Entertainment, in Subchapter 23 of the Development Code is hereby amended to: Mai or Event Entertainment: A structure or area with a capacity of greater than 1,000 seats for public performances and sporting events. Major event enterta'mment facilities include concert halls, stadiums, and arenas. All other provisions of subehapter 5 and 23 not inconsistent with the amendment shall remain in full force and effect. SECTION 3. 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 4. 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 effect the vahdity 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. PAGE 1 S:\Our Documents\Ordinances\03\SI03-0023.doe 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 ord'mance 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 ~'//{ dayof ~,~/b~,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ PAGE 2 Subchapter 23 Developreent Code EXHIBIT A Subchapter 5 - Zoning Districts and Limitations 35.5.1 Rural Districts Sections: 35.5.1.1 Propose. 35.5.1.2 Pemaitted Uses. 35.5.1.3 General Regulations. 35.5.1.1 Purpose. The purpose of a Rural District is to maintain an area of rural use within the City of Denton. Application of th:is district will ensure that the farming, forest, environmental and scedic values of these areas are protected from incompatible development that may result in a degradation of their values. Land Use categories within a Rural District include: P,/)-5 Rural Residential RC Rural Commercial 35.5.1.2 Permitted Uses. The following uses and their accessory uses are permitted as contained in the use table below: Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units P P Attached Single Family Dwellings N N Dwellings Above Businesses N P Live/Work Units P P Duplexes N N Community Homes For the Disabled P P Group Homes SUP SUP Multi-Family Dwellings N SUP Manufactured Housing Developments P P Subchapter 23 Development Code P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Home Occupation P P Sale of Products Grown on Site P P Hotels N N Motels N N Bed and Breakfast L(10) P Retail Sales and Service N N Movie Theaters Lcc: thc.". ! ,O0O ccctc N N Restaurant or Private Club N L(11 ) Drive-through Facility N N Professional Services and Offices N L(15) Quick Vehicle Servicing N N Vehicle Repair ! N P Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities P P Outdoor Recreation P P Indoor Recreation N N Major Event Entertainment N SUP Commemial Parking Lots N N Administmfive or Reseamh Facilities SUP L(15) Broadcasting of Production Studio SUP P SUP/ Sexually Oriented Business N L(32) Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Subchapter 23 Development Code Printing / Publishing N N Bakeries N L(21 ) Manufacture of Non-odoriferous Foods N N Feed Lots SUP N Food Processing N N SUP / Light Manufacturing N L(24) Heavy Manufactudng N N Wholesale Sates N N Wholesale Numedes P P Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wracking N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permit[ed, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subehapter 23 Development Code Basic Utilities P P Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges N P Business / Trade School N N Adult or Child Day Care P P Kindergarten, Elementary School P P Middle School N N High School N N Colleges N N Hospital N N Elderly Housing N N Medical Centers N N Cemeteries N N Mortuaries N N p= permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchaptcr 23 Development Code 35.2.1.3 General Regulations. General regulations within the Rural District are as follows: Subdivision of less than 10 ac=es, and all lots that are adjacent to the perimeter of a subdivision: Minimum lot area 5 acres 2 acres Minimum lot width 200 feet 100 feet Minimum lot depth 250 feet 200 feet Minimum front yard 50 feet 50 feet Minimum side yard 10 feet 10 feet Minimum side yard adjacent to street 50 feet 50 feet 10 feet, plus 1 foot for each foot of Minimum rear yard building height over 20 feet The following limits apply to subdivision of more than 10 acres in lieu of minimtma lot size and dimension requirements: Maximum density, dwelling units per acre 0.2 0.5 Minimum building separation 30 feet 30 feet The following limits apply to all buildings: Maximum lot coverage except for 15% 35% agricultural buildings Minimum landscaped area 75% 65% Maximum building height 65 feet 65 feet Maximum FAR except for single-family None 0.25 uses 10 feet, plus 1 foot for Minimum yard when a use other than None each single family abuts a residential zone foot of building height Subchapter 23 Development Code 35.5.2 Neighborhood Residential Sections: 35.5.2.1 Purpose. 35.5.2.2 Permitted Uses. 35.5.2.3 General Regulations. 35.5.2.1 Purpose. The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. Land Use categories within the Neighborhood Residential areas include: NRA NR-2 NR-3 NR-4 NR-6 NRMU-12 NRMU Neighborhood Residential 1 Neighborhood Residential 2 Neighborhood Residential 3 Neighborhood Residential 4 Neighborhood Residential 6 Neighborhood Residential Mixed Use 12 Neighborhood Residential Mixed Use 35.5.2.2 Permitted Uses. The following uses and their accessory uses are permitted within the Neighborhood Residential districts: (Amended 10/15/2002) Agriculture P P P P P P 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 SUP SUP SUP SUP SUP Accessory Dwelling Units L(1 ) L('~ ) L(I ) L(1 ) 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 Live/Work 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 SUP Multi-Family Dwellings N N N N N P 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 Subchapter 23 Development Code Home Occupation P p p p p p p Sale of Products Grown on Site N N N N N N N Hotels N N N N N N P Motels N N N N N N N Bed and Breakfast N N N N N L(10) P Retail Sales and Service N N N N N L(15) L(17) Movie Theatem L~ th~ !,-n0g -~e-~?- N N N N N N L(! Restaurant or Pdvate Club N N N N N N L(11 ) Drive-through Facility N N N N N N SUP Professional Services and Offices N N N N N L(14) L(17) Quick Vehicle Servicing N N N N N N SUP Vehicle Repair N N N N N N N Auto and RV Bales N N N N N N N Laundry Facilities N N N N N P P Equestrian Facilities SUP SUP N N N N N Outdoor Recreation P P P P P SUP SUP Indoor Recreation N N N N N N N Major Event Entertainment N N N N N N N Commercial Parking Lots N N N N N N N Administrative or Research Facilities N N N N N N L(14) Broadcasting of Production Studio N N N N N N L(14) Sexually Odented Business N N N N N N N Temporary Uses L(38) L(38) L(38) L(38) L(38) L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Pdnfing / Publishing N N N N N N N Bakedes N N N N N N L(21) Manufacture of Non-odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center N N N N N N N Wholesale Storage and Distribution N N N N N N N Self-service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial N N N N N N N Incinerators, Transfer Stations SUP SUP SUP SUP SUP Gas Wells L(27) L(27) L(27) L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Basic Utilities L(25) L(25) L(25) L(25) L(25) L(25) L(25) Community Service N N N N N P P Parks and Open Space P P P P P P P Chumhes P P P P P P P Semi-public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(15) P Business / Trade School N N N N N N L(14) Adult or Child Day Cam SUP SUP SUP SUP SUP P P Kindergarten, Elementary School SUP SUP SUP SUP SUP P P Middle School N N N N N P P High School N N N N N N SUP Colleges N N N N N N N Hospital N N N N N N N Elderly Housing N N N N SUP L(13) P Medical Centem N N N N N N P Cemetedes N N N N N N N Mortuaries N N N N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code 35.5.2.3 General Regulations. General regulations of die Residential Neighborhood land use zone are contained in die table below: The following limits apply to subdivision of 2 acres or less: Minimum lot ama (square feet) 32,000 16,000 10,000 7,000 6,000 3,500 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet Minimum lot depth 1 O0 feet 1 O0 feet 80 feet 80 feet 80 feet 80 feet 50 feet 15 feet 20 feet Minimum front yard setback 20 feet 20 feet L(2) L(2) 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet t0 feet 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30 Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 10 feet 12 feet buildings The following limits apply to all buildings: lllllll Maximum lot coverage 30% 30% 50% 60% 60% 60% 80% Minimum landscaped area 70% 70% 50% 40% 40% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for foot for foot for foot for each each each each each each each Minimum yard when abutting a single- foot of foot of foot of foot of foot of foot of foot of family use or district building building building building building building building height height height height height height height above above above above above above above 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Subchapter 23 Development Code 35.5.3 Downtown University Core. Sections: 35.5.3.1 Purpose. 35.5.3.2 Permitted Uses. 35.5.3.3 General Regulations. 35.5.3.1 Purpose. The purpose of the Downtown University Core District is to encourage mixed use developments within specified commercial areas of the district. Th:is district is a pedestrian friendly district. Land Use categories within this district include: DR-1 DR-2 DC-N DC-G Downtown Re(tdential 1 Downtown Re~tdenfial 2 Downtown Commercial Neighborhood Downtown Commercial General 35.5.3.2 Permitted Uses. The following uses are permitted within the Downtown University Core District: (Amended 10/15/2002) Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings P P N N Accessory Dwelling Units P P N N Attached Single Family Dwellings N P P P Dwellings Above Businesses N P P P Live/Work Units P P P P Duplexes P P P N Community Homes For the Disabled P P P P Group Homes N N N SUP Multi-Family Dwellings N L(5) L(5) L(5) 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 Subchapter 23 Development Code Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels N N N P Motels N N N N Bed and Breakfast L(8) L(9) P P Retail Sales and Service N L(15) L(17) P Movie Theaterc Lc:e th-.cn ~ ,OO-n ===ts N N IaSUP I~SUP Restaurant or Private Club N N L(11) P Drive-through Facility N N N SUP Professional Services and Offices N L(15) L(17) P Quick Vehicle Servicing N N N SUP Vehicle Repair N N N SUP Auto and RV Sales N N N L(20) Laundry Facilities N P P P Equestrian Facilities N N N N Outdoor Recreation N N N N Indoor Recreation N N N P Major Event Entertainment N N N SUP Commercial Parking Lots N N L(28) L(28) Administrative or Reseamh Facilities N SUP L(14) P Broadcasting of Production Studio N SUP P P Sexually OHented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) p= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subehapter 23 Development Code Printing / Publishing N N N P Bakedes N N L(21 ) P Manufacture of Non-ododfareus Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N SUP/ Wholesale Sales N N N L(36) Wholesale Numedes N N N SUP/ L(36) Distribution Center N N N N Wholesale Storage and Distribution N N N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Kennels N N N N Veterinary Clinics N SUP L(26) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations Gas Wells SUP SUP SUP SUP L(27) L(27} L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code lll/ Basic Utilities SUP SUP SUP SUP Community Service N N P P Parks and Open Space P P P p Chumhes P P p p Semi-public, Halls, Clubs, and Lodges P P p p Business / Trade School N N L(26) P Adult or Child Day Care P P P P Kindergarten, Elementary School P P P N Middle School N P P N High School N N N N Colleges N N SUP P Hospital N N P P Elderly Housing N N L(13) P Medical Centers N SUP P P Cemeteries N N N N Mortuaries N N P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code 35.5.3.3 General Regulations. General regulations of the Downtown University Core District are as follows: llll Minimum lot are (square feet 4,000 4,000 2,500 None Minimum lot width 50 feet 40 feet 20 feet None Minimum lot depth 80 feet 80 feet 50 feet None Minimum front yard setback 10 feet 10 feet None None Minimum side yard 6 feet 6 feet None None Minimum side yard adjacent to a street 10 feet 10 feet None None Minimum rear yard 10 feet 10 feet None None 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus '1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family use or district foot of foot of foot of foot of building building building building height height height height over 30 over 30 over 30 over 30 feet feet feet feet Minimum residential unit size 700 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum density, dwelling units per acre 8 30 72 150 Maximum lot coverage 60% 75% 80% 85% Minimum landscaped area 40% 25% 20% 15% 100 feet/ 100 feet/ Maximum building height 40 feet 45 feet L(33) L(33) Subchapter 23 Development Code 35.5.4 Community Mixed Use Centers. Sections: 35.5.4.1 Purpose. 35.5.4.2 Permitted Uses. 35.5.4.3 Genera] Regulations. 35.5.4.1 Purpose. The purpose of the Commumty Mixed Use Centers is to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. Land Use categories within the Cormmunity Mixed Use Centers include: CM-G Community Mixed Use Genera] CM-E Community Mixed Use Employment 35.5.4.2 Permitted Uses. The following uses are permitted within Commmfity Mixed Use Centers: Agriculture P 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/~Nork Units P N Duplexes N N Community Homes For the Disabled P P Group Homes N N Multi-Family Dwellings L(5) L(6) 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 Subchapter 23 Development Code Home Occupafion N N Sale of Products Grown on Site N N Hotels P P Motels P P Bed and Breakfast P N Retail Sales and Service P L(14) Movie Theaters- Lex= then ~,0-n0 =cot: IaSUP N Restaurant or Private Club P L(14) Drive-through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Major Event Entertainment SUP N Commercial Parking Lots P P Administrative or Reseamh Facilities P P Broadcasting of Pmducfion Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X} = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Pdnting / Publishing P L(25) Bakeries P L(25) Manufacture of Non-odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Constmcfion Materials Sales N N Junk Yards and Auto Wrecking N N Kennels N N Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Basic Utilities SUP SUP Community Service P P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Cam P N Kindergarten, Elementary School N N Middle School N N High School N N Colleges P P Hospital N N Elderly Housing i N N Medical Centem P P Cemeteries N N Mortuaries P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code 35.5.4.3 General Regulations. Gener~ regtflaaons of fiae ComrntmJ~ MLxed Use Centezs are ha fiae table below: Minimum lot ama (square feet) 2,500 2,500 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 20 feet, plus 1 foot for each Minimum yard abutting a residential use 20 feet foot of or district building height above 30 feet Maximum FAR 1.5 0.75 Minimum residential unit size 500 SF None Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 65 feet 65 feet Subchapter 23 Development Code 35.5.5 Regional Mixed Use Centers Sections: 35.5.5.1 Purpose. 35.5.5.2 peraU~ed Uses. 35.5.5.3 General Regulations. 35.5.5.1 Purpose. The purpose of Regional Mixed Use Centers is to create centers of activity including shopping, services, recreation, eraployment and institutional facilities supported by and serving an en~e region. Land Use categories within Regional Mixed Use Centers incinde: RCR-1 RCR-2 RCC-N RCC-D Regional Center Residential 1 Regional Center Refftdenfial 2 Regional Center Commercial Neighborhood Regional Center Commercial Downtown 35.5.5.2 Permitted Uses. The following uses are perra/tted within Regional Mixed Use Centers: l/l/ Agriculture P P 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 Community Homes For the Disabled P P P P Group Homes SUP SUP SUP SUP Multi-Family Dwellings P P L(6) L(6) 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 Subchapter 23 Development Code Home Ocaupation P P P P Sale of Products Grown on Site N N N N Hotels N N P P Motels N N P N Bed and Breakfast L(8) L(9) L(9) P Retail Sales and Service L(17) L(17} L(13) P Movie Theaters Lc=s t~=~ ~ ,-'3~n- ccitt NSUP NSU~P P P Restaurant or Private Club L(11) L(11) P P Drive-through Facility: N N P P Professional Services and Offices L(15) L(14) L(14) P Quick Vehicle Servicing N N P P Vehicle Repair N N N P Auto and RV Sales N N N P Laundry Facilities P P P P Equestrian Facilities N N N N Outdoor Recreation SUP SUP N N Indoor Recreation N N P P Major Event Entertainment N N SUP SUP Commercial Parking Lots N N P P Administrative or Research Facilities SUP SUP L(14) P Broadcasting of Production Studio SUP SUP P P Sexually Odented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) p= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Printing / Publishing N N N N Bakedes N N L(21) P Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center N N N N Wholesale Storage and Distribution N N N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code l/l/ Basic Utilities SUP SUP SUP SUP Community Service P P P P Parks and Open Space P P P P Chumhes P P P P Semi-public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(14) P Adult or Child Day Cam P P P P Kindergarten, Elementary Schoot P P P N Middle School P P P P High School SUP SUP P P Colleges N N P P Hospital N N P P Elderly Housing P P P P Medical Centers SUP SUP P P Cemeteries N N N N Mortuaries N N P P P= Permitted, N=not permitted. SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subehapter 23 Development Code 35.5.5.3 General Regulations. General regulations of the Regional Mixed Use Centers are contained in the table belox~. llll Minimum lot area (square feet) None None None None Minimum lot width 50 feet 20 feet 20 feet None Minimum lot depth 80 feet 60 feet 50 feet None Minimum fl'ont yard setback 10 feet 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet None Minimum side yard adjacent to a street 10 feet 10 feet 6 feet None 10 feet 10 feet plus 1 plus 1 foot for foot for each each Minimum rear yard foot of foot of None None building building height height above above 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height above above above above 30 feet 30 feet 30 feet 30 feet Minimum residential unit size 600 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum Density, dwelling units per 30 40 80 100 acre Maximum Lot Coverage 55% 75% 85% 90% Minimum Landscaped Area 45% 75% 15% 10% Maximum building height 40 feet 50 feet 65 feet 100 feet Subchapter 23 Development Cede 35.5.6 Employment Centers Sections: 35.5.6.1 Purpose. 35.5.6.2 Pemaitted Uses. 35.5.6.3 General Regulations. 35.5.6.1 Purpose. The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary uses. Land Use categories within Employment Centers include: EC-C Employment Center Commercial EC-I Employment Center Industml 35.5.6.2 Permitted Uses. The following uses and thek accessory uses are permitted within the Employment Centers: Agriculture P P Livestock L(7) L(7) Single Family Dwellings ' N N Accessory Dwelling Units N N Attached Singts Family Dwellings N N Dwellings Above Businesses N N Live/Work Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N Multi-Family Dwellings N N Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Sect[on 35.5.8 Subchapter 23 Development Code Home Occupation N N Sale of Products Grown on Site N N Hotels P P Motels P N Bed and Breakfast N N Retail Sales and Service P N Movie Theaterz Le~= th~n ~,O.nO =~ct~_ ~ N Restaurant or Private Club P P Drive-through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Major Event Entertainment P P Commercial Parking Lots P P Administrative or Reseamh Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Spec[ftc Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Pdnfing / Publishing P P Bakeries P P Manufacture of Non-odoriferous Foods P P Feed Lots N N Food Processing N N Light Manufacturing P P Heavy Manufacturing N N Wholesale Sales P P Wholesale Numedes N L(32) Distdbufion Center N P Wholesale Storage and Distribution N L(34) Self-service Storage P P Construction Materials Sales N P Junk Yards and Auto Wrecking N N Kennels P P Veterinary Clinics P P Sanitary Landfills, Commemial N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Basic Utilities P P Community Service P P Parks and Open Space P P Churches P P Semi-public, Hails, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care P P Kindergarten, ElementapJ School N N Middle School N N High School N N Colleges P P Hespital P N Elderly Housing P N Medical Centers P N Cemeteries N N Mortuaries P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subehapter 23 Development Code 35.5.6.3 General Regulations. Gener~ relations of ~e Employment Center are as fo~ows: Minimum lot ama (square feet) 2,900 2,500 Minimum lot width 20 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 30 feet, 30 feet, plus 1 plus 1 foot for foot for Minimum yard abutting a single family each each foot of foot of use or district building building height height above above 30 feet 30 feet Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% Minimum landscaped ama 20% 15% Maximum building height 100 feet 65 feet Subchapter 23 Development Code 35.5.7 Industrial Centers Sections: 35.5.7.1 Purpose. 35.5.7.2 Permitted Uses. 35.5.7.3 General Regulations. 35.5.7.1 Purpose. The purpose of Industrial Centers is to provide locations for a variety of work processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. Land Use categories within Industrial Centers include: IC-E Industrial Center Employment IC-G Industrial Center General 35.5.7.2 Permitted Uses. The following uses are permitted within Industrial Centers: Agriculture P 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 N N Live/~Nork Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N Multi-Family Dwellings N N 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 Subehapter 23 Development Code Home Occupation N N Sale of Products Grown on Site N N Hotels P N Motels P N Bed and Breakfast N N Retail Sales and Service N N Movie Theater'c- L~----~ th=r~ !,099 -~-=t~ N N Restaurant or Private Club L(14) N Drive-through Facility N N Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation N N Indoor Recreation P N Major Event Entertainment P N Commercial Parking Lots P P Administrative or Reseamh Facilities P P Broadcasting of Production Studio P P SUP / Sexually Oriented Business N L(32) Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Printing / Publishing L(25) L(25) Bakeries L(25) P Manufacture of Non-odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center SUP P Wholesale Storage and Distribution P P Self-service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N SUP Incineratom, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code Basic Utilities P P Community Service p p Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care L(19) N Kindergarten, Elementary School N N Middle School N N High School N N Colleges P N Hospital N N Elderly Housing N N Medical Centers P N Cemetades N N Mortuaries P N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 23 Development Code 35.5.7.3 General Regulations. General regulations of the Industrial Centers are contained in the table below:. Minimum lot area (square feet) 2,500 5,000 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback 10 feet 10 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 30 feet, 30 feet, plus 1 plus 1 foot for foot for each each Minimum yard when abutting a foot of foot of residential use or district building building height height above above 30 feet 30 feet Maximum FAR 0.75 0.40 Maximum lot coverage 80% 90% Minimum landscaped area 20% 10% Maximum building height 100 feet 65 feet Subchapter 23 Development Code 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maXmaum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwefling milts shall not exceed 1 per lot. 3. The maXnnum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA. 4. One additional parking space shall be provided that conforms to the off-stteet parking provisions of this Chapter. L(2) = For infilI lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchaptet 13. Additionally, units must have the appearance ora single family re(tdence from the street. L(4) = Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(6) = Permitted only on 2''d story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7) = l.imited to two (2) an/mals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per eacli acre over three. L(8) = Travelers' accommodations, are permitted, provided that: 1. The bugmess-owner or manager shall be requited to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 p~rld,~g spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall stgn, constructed of a non-plastic material, nonJmterior illuminated of 4 sq. ft. maXtmum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's un/t and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per trait. 7. Traveler's accommodations are limited to no more than 8 guest units. Subchapter 23 Development Code L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(10) = All restdcrions of L(8), but limited to no more than 5 guest units. L(ll) = l.imited to sit down only, and no drive up service permitted, l.imited to no more than 100 seats and no more than 4,000 square feet of restattrant area. LO2) = L(13) = Uses are limited to no more than 55,000 square feet of g~oss floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(18) = L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) = perrmtted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(22) = L(2~) = Light manufactUring of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet. L(25) = If proposed use is wit}fin 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = L($0) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other perrrfitted commercial, or institutional uses, equal to at least 15% of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L (31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least 25% of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not reqtfired. L (32) = Not allowed to locate adiacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. Subchapter 23 Development Code L (34) = Permitted with no more than 150,000 gross square feet and 8 track docks. All docks or loading bays shall be to the rear or side of- the structure and not v~ewable from the sn:eet. The buffeting standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L OS) = L 06) = Permitted when combined with retail sales. L 07) = 5-acre mimmum land area requ~:ed and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is requited adiacent to any residential use. L 08) = Must meet the requ~£ements of Section 35.12.8. L09) = L (40) =Limited to a maximum 12 umts per acre. (Amended !0/15/2002)