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)