2004-332S:\Our Documents\Ordinances\04\SI03-0012 ORDINANCE .doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 3 (PROCEDURES), SUBCHAPTER 13 (SITE DESIGN STANDARDS AND
SUBCHAPTER 23 (DEFINITIONS) OF THE DENTON DEVELOPMENT CODE ASSOCIATED
WITH TREE PRESERVATION, PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (SI03-0012)
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 providing notice and after conducting a public hearing as required by law
on November 12, 2003, the Planning and Zoning Commission recommended approval of certain
changes to Subchapters 3, 13, 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 3 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 ofsubchapter 3 not inconsistent with the amendment shall remain in full force and effect.
SECTION 2. Subchapter 13 of the Development Code is hereby amended in part as
particularly described in Exhibit "B" attached hereto and made part hereof by reference. All other
provisions of subchapter 13 not inconsistent with the amendment shall rema'm in full force and
effect.
SECTION 3. Subchapter 23 of the Development Code is hereby amended in part as
particularly described in Exhibit "C" attached hereto and made part hereof by reference. All other
provisions of subchapter 23 not inconsistent with the amendment shall remain in full force and
effect.
SECTION 4. 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 5. 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 validity of the remaining portions of this
ord'mance, 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\04kSI03 -0012 ORDINANCE .doc
SECTION 6. 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
pubhshed 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 /c/l~day of /J/-45~/~.f..~ , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
Exhibit A
Subchapter 3 - Procedures
Sections:
35.3.1
35.3.2
35.3.3
35.3.4
35.3.5
35.3.6
35.3.7
35.3.8
35.3.9
35.3.10
Procedures and Application Requirements.
Denton Plan Amendment Procedure.
Zoning Amendment Procedure.
Planning and Zoning Commission Procedure.
Board of Adjustment Procedure.
Staff Review Procedure.
Local permat Procedure.
Religious Freedom Procedures.
Gas Well Permit Relief Provisions.
35.3.1 Purpose.
The purpose of this Subchapter shall be to establish procedures for the processing of planning actions that
affect the development and use of property subject to the planning jurisdiction of the City.
35.3.2 Procedures and Application Requirements.
A. All planning actions shall be processed by one of the following procedures:
1. Denton Plan Amendment: requiring action by the City Council after recommendation
from the planning and Zoning Commission.
2. Zoning Amendment: requiring action by the City Council after recommendation from the
planning and Zoning Comrmssion.
3. planning and Zoning Commission: req. iting action by the planning and Zoning
Commission.
4. Board of Adiustment: reqniring action by the Board of Adiustment.
5. Staff Review: requiring action by City Staff.
6. Local Permit: requiting action by the Director of planning and Development.
7. Religious Freedom: requiring action by City Council.
B. Application and Approval Requirements:
1. A record owner or the record owner's agent may file an application for a planning action
required by this Chapter. The Director or Building Official may require an applicant to
provide documentation of the applicant's authority to file an application.
2. The Director may adopt rules establishing the requirements for any application requked
under this Chapter. The m/es shall be published in the Application Criteria Manual. The
rules shall include the information required by the Director or the Building Official to
determine if the application is complete.
3. A complete application shall be submitted along with the application fee. The fees shall be
established by the City Coancil and be published in the Application Criteria Manual.
4. The Director or the Building Official shall disapprove an application and shall not accept an
application unless the application is complete. An application is complete if the application
contains the information required by the Application Criteria Manual.
5. The applicant may resubmit the application for approval by the Director or the Building
Official along with the resubrrrittal fee according to the Application Criteria Manual.
6. An Applicant may appeal the disapproval of an application to the Board of Adjustment.
3-1
35.3.3 Denton Plan Amendment Procedure.
A. The following actions shall follow the Denton Plan Amendment Procedure:
1. Consider adoption of a new comprehensive plan or amendment to The Denton Plan.
2. Consider adoption of a new development code.
3. Consider an application for a zoning change that does not conform to the Future Land Use
element of The Denton Plan.
A. Criteria for approval - Generally:
1. A complete application and fee shall be subtmtted.
2. The application shall address the impact of the proposed change on the following:.
a. The Goals and Objectives of The Denton Plan,
b. The Future Land Use element of The Denton Plan,
c. The balance of land uses in the City;
d. Adequate Public Facility dements of the Denton Plan, and how the proposed change
will affect the provision of the services anticipated in The Denton Plan.
3. The actions in Section 35.3.3.A shall be further evaluated under the following factors to
balance the interest in promoting the public health, safety, morals, or general welfare against
the right to the use of the property in issue:
a. The existing land use pattern surrounding the property and the possible impact on
existing or furore development or uses that are in accordance with existing tegulafions;
b. The possible creation of an isolated district unxelated to adjacent and nearby districts;
c. The population density in urder to facilitate the adequate provision of transportation,
water, sewer, schools, parks, public convenience, and other public requ/rements;
d. The cost to the City and other governmental entities in providing, improving, increasing
or maintaining public utilities, schools, streets and other public safety measures;
e. The possible impact on the environment, including but not limited to, drainage, soil
erosion and sedimentation, flooding, a~ quality and water quantity;
f. Whether there are substantial reasons why the p=operty cannot be used in accordance
with existing zordng or that proposed by the Future Land Use Map; and
g. The action shall be made with reasonable consideration of the character of the district
and its peculiar suitability for particular uses, and with a view of conserving the value of
bu/ldings and encouraging the most appropriate use of land throughout the City.
B. Procedure:
1. Initiation may be made by:
a. Recommendation of the City Council.
b. Recommendation of the planning and Zoning Commission.
c. Recommendation of the City Manager.
d. Application by the property owner(s). As outlined in the Application Criteria Manual,
the application shall be executed by all property owners, or their authorized agents.
2. If initiated by the property owner, the application must be submitted at least ninety (90)
days prior to the first meeting of the plaraUng and Zoning Commission in January, April,
July m October. A public hearing shall be held before the Planning and Zoning
Commission in accordance with state law.
3-2
3. Following the public hearing before the p!~,~ning and Zoning Commission, the planning and
Zoning Comnfission shall make a report and forward the report to the City Council in
accordance with the City Charter and state law.
4. A public hearing shall be held before the City Council as requked by state law.
a. Notice of such hearing shall be given by publication in a newspapec of general
circulation in the City stating the time and place of such heating, which time shall not be
earlier than fifteen (15) days from the date of publication.
b. The adoption ur amendment of a new comprehensive plan or the adoption of a new
development code shall become effective by a simple majority vote of all members of
the City Council qualified to vote.
c. The adoption of a zoning change that does not conform to the Future Land Use
element of the Denton Plan to follow the procedures outlkted in Section 35.3.4.C.
d. After closing the public hearing, the City Council may take action consistent with The
Denton Plan.
5. If an application is denied, then the subject property shall not be eligible for resubmittal for
twelve (12) months unless the applicant can show a substantial change in circumstances to
justify a resubm/ttal.
D. Appeals:
2. The City Council decision is a final action and may not be appealed.
35.3.4 Zoning Amendment Procedure.
A. The following actions shall follow the Zoning Amendment Procedure:
1. Consider an amendment to the Denton Development Code.
2.. Consider an application for a zoning change that conforms to the Future Land Use element
of the Denton Plan,
3. Consider an application for a Specific Use Permit.
4. Consider an application for an Exaction Variance from the Subdivision Regulations.
5. Consider an application to expand a Special Exception.
6. Consider an application for an Alternative Development Plan.
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan.
b. The proposed Specific Use Permit meets the criteria set forth in Subchapter 6, and
conforms to the purpose and intent of The Denton Plan.
c. The proposed rezoning or Specific Use Permit facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public requirements and public
d. The proposed Exaction Variance is appropriate based on a finding that the imposition
of the regulation(s) exceeds any reasonable benefit to the property owner or is so
excessive as to constitute confiscation of the tract to be platted.
e. The proposed Special Exception (or expansion) to the zoning regulations is appropriate
based on the character and use of adjoining buildings and those in the vicinity, the
number of persons residing or working in such building or upon such land, traffic
3-3
conditions in the vicinity, and conformance of such area to the Zoning Map and The
Denton Plan. In granting a special exception the board may designate conditions that,
in its opinion, will secure substantially the purpose and intent of this Chapter. A spedal
exception shall only be granted upon a finding that:
The exception is in harmony with this Chapter;
ii The public welfare and convenience are substantially served;
iii Neighboring property is not substantially injured;
iv The exception will not alter essential character of the district and immediate
neighborhood; and
v The exception will not weaken the general purposes of this Chapter.
f. The proposed Alternative Devdopment Plans meet the intent of the Denton Plan and
Development Code.
C. Procedure:
1. Initiation of a Zoning Amendment procedure may be made by:
a. Recommendation of the City Council.
b. Recommendation of the plamamg and Zoning Commission.
c. Recommendation of the City Manager.
d. Application by the property owner, or their authorized agent.
2. A public hearing shall be held before the Planning and Zoning Commission in accordance
with state law.
3. Following the public hearing before the Planning and Zoning Commission, the plamUng and
Zoning Commission shall make a report and forward the report to the City Council in
accordance with the City Charter and state law.
4. A public hearing shall be held before the City Council as required by state law.
a. Notice of such hearing shall be given by publication in a newspaper of general
circu/afion in the City stating the time and place of such heating, which time shall not be
earlier than fifteen (15) days from the date of publication.
b. If a proposed amendment has been denied by the Planning and Zoning Commission,
such amendment shall not become effective except by a three-fourths (3/4) vote of all
members of the City Council qualified to vote.
c. If a proposed rezon/ng of property has been protested in writing by the owners of at
least twenty percent (20%) of the area within two hundred feet (200'), such amendment
shall not become effective except by a three-fourths (3/4) vote of all members of the
City Council qualified to vote.
4. After do(rog the public heating, the City Council may take action consistent with The
Denton Plan and the Development Code.
5. If an application is den/ed, then the subject property shall not be etigible for resubmittal for
twelve (12) months unless the applicant can show a substantial change in circumstances to
justify a resubm/ttal.
D. Appeals:
1. The City Council decision is final and may not be appealed.
35.3.5 Planning and Zoning Commission Procedure.
A. The following actions shall follow the plarmmg and Zon/ng Commission Procedure:
3-4
1. Consider an application for a Plat.
2. Consider an application for a Hardship V,~iance from the Subdivision Regulations.
3. An Alternative Tree Preservation Plan.
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed Plat meets the requirements of Subchapter 16 and state law.
b. The proposed Hardship Variance is appropriate based on a finding that unreasonable
hardships or difficulties may result from strict compliance with the subdivision
regulations or the purposes of the regulations may be served to a greater extent by an
alternative proposal. A variance may be approved so that substential justice may be
done and the public interest secured; provided that the variance shall not have the effect
of nullifying the intent and purpose of these regulations; end further provided the
Planning and Zoning Cormmssion shall not approve variances unless it shall make
findings based upon die evidence presented to it in each specific case that:
The granting of the variance will not be dethmental to the public safety,
health, or welfare or injurious to other property;
ii The conditions upon which the request for a variance is based are unique to
the property for which the variance is sought and are not applicable generally to
other property;
iii Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if the strict letter of the
subdivision regulations is carried out;
iv The variance will not in any manner vary the provisions of The Denton Plan,
the Development Code, and the Denton Mobility Plan, except that those
documents may be amended in the manner prescribed by law; and
v The special or peculiar conditions upon which the request is based did not
result from or were not created by the act or commission of the owner or any prior
owner, subsequent to the date of creation of the requirement from which a
variance is sought.
C. Procedure:
1.
Initiation of a planmng and Zoning comrmssion procedure may be made by:
a. Recommendation of the City Manager.
b. Application by the property owner, or theix authorized agent.
2. A public hearing shall be held before the plammag and Zoning Commission in accordance
with state law related to residential Replats and Variance applications.
3. A public meeting shall be held before the planning and Zoning Commission in accordance
with state law related to Plats and Alternative Development Plan applications.
4. After closing the public meeting, the Planning end Zoning Commission may take action
consistent with The Denton Plan and the Development Code.
D. Appeals:
1. The Planning and Zoning Commission decision on Plats is final and may not be appealed.
2. The Planning and Zoning Commission decision on a Hardship Variance may be appealed to
the City Council by the applicant.
3-5
35.3.6 Board of Adjustment Procedure.
The following actions shall follow the Board of Adjustment Procedure:
1. Consider an application for a Variance from the zoning regulations.
2. Consider an application for a Variance from the sign regulations.
3. Consider an application to change, reestabhsh or terminate a Nonconforming Use.
4. Consider an appeal of an Administrative Decision.
Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. The board may grant a variance from the front yard, side yard, rear yard, lot width, lot depth,
coverage, minimum setback standards, and landscaping regulations where literal enforcement
of the regulations will result in an unnecessary hardship and where the variance is necessary
to develop a specific parcel of land, which because of site's shape, size or topograpahy
differs from other parcels in the same district, and that it can not be developed in a manner
commensurate with the development allowed for the other parcels. A variance shall not be
granted to relieve a self-created or personal hardship or to relieve a purely financial hardship.
In granting any variance, the board may designate conditions, which, in its opinion, will
secure substantially the purpose and intent of the Development Code. A variance shall only
be granted upon a finding that:
a. Special circumstances or conditions apply to the parcel for which the variance is sought,
which circumstances or conditions are peculiar to such parcel and do not apply
generally to other parcels in the same district or neighborhood and that said
circumstances or conditions are such that the strict application of the provisions of this
ordinance would deprive the applicant of the reasonable use of such parcel;
b. The granting of the variance will not be detxirnental to the public welfare or injurious to
other property or improvements in the district or neighborhood in which the parcel is
located;
c. The granting of the variance is necessary for the reasonable use of the parcel and that
the variance granted is the minimm variance that will accomplish this purpose; and
d. The literal enforcement and strict application of the provisions of this ordinance will
result in an unnecessary hardship inconsistent with the general provisions and intent of
this ordinance and that in granting such variance the spirit of the ordinance will be
preserved and substantial justice done.
3. The board may grant a variance from the sign regulations only upon a finding that all of the
following exist:
a. Due to some unique condition or feature of the parcel which is not generally common
to other parcels, literal compliance with the sign regulation would cause unnecessary
hardship;
b. The granting of the variance will not violate the spirit or the intent of the regulations;
and
c. The condition or feature which creates the need for the variance did not result from the
owner's acts.
4. The board may authorize the actions described below with respect to nonconforming uses if
the actins would not unreasonably increase the impact to the surrounding properties, nor
substantially prolong the life of the nonconforming use. Action by the board shall have due
regard for the property rights of the person or persons affected and shall be considered in
regard to the public welfare, character of the neighboring properties, and the conservation,
3-6
preservation and protection of property. Based on the foregoing criteria, the board may
authorize the following actions:
a. The reconstruction and occupancy of a nonconforming structure, or a structure
containing a nonconforming use, where such stmctttre has been damaged by fire or
other causes to the extent of more than fifty percent (50%), but less than the total of the
replacement cost of the structure on the date of the damage.
b. The enlargement, expansion or repair of a nonconforming structaxte in excess of fifty
percent (50%) of its current value. In such instance, current value shall be established at
the time of application for a heaving before the board. If such expansion or
enlargement is approved by the board, all provisions of the district in which such
structure is located shall apply to the new construction on the lot or parcel. A person
shall not expand a nonconforming use beyond the lot on which the use is located
however, the board may allow the person to provide off-street parking or loading spaces
on another lot;
c. A change of use from one nonconforming use to another nonconforming use, provided
that such change is to a use of a more restricted classification. In the event that a
nonconforming use is changed to a nonconforming use of a more restricted
classification, the building or structure contaiaing such nonconforming use shall not
later be reverted to the former lower or less restricted classification. The board may
establish a specific period of time for the conversion of the occupancy to a conforming
use;
d. To authorize the occupancy of an abandoned nonconforming structure. Such action by
the board shall have due regard for the property rights of the person or persons
affected, and shall be considered in regard to the public welfare and safety, character of
the area surrounding such structure, and the conservation, preservation and protection
of property.
5. The Board may review and approve, reverse, or modify any staff determination made
pursuant to Sections 35.3.7.A.3 and A.4 of this Subchapter. The decision of the board shall
be based on the intent of this Chapter.
C. Procedure:
1. Initiation of a Board of Adjustment procedure may be made by:
a. Recommendation of the City Manager.
b. Application by the property owner or their authorized agent.
2. A public hearing shall be held before the Board of Adjustment in accordance with state law.
3. After doffing the public hearing, the board may take action consistent with the Development
Code and state law. A concurring vote of slx (6) members of the board shall be necessary to
reverse an administrative decision of the staff, or to approve an application on any matter
upon which the board is required to act under this Chapter.
D. Appeals:
1. The derision of the Board of Adjustment is final and may be appealed pursuant to state law.
35.3.7 Staff Review Procedure.
The following actions shall follow the StaffReview Procedures:
1. Consider an application for Site Design review and other plans required for Site Plan
approvals;
2. Consider an application for a Minor Plats;
3-7
35.3.8
3. Make determinations regarding the application and interpretation of standards, criteria, and
requirements of tiffs Chapter; and
4. Make detelanmations regarding the appropriate designation for new and unlisted uses based
on similar uses that are described.
5. Consider an application for a Wate£shed Protection pexmit.
B. Cx~teria for approval- Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed Site DeSign meets the requirements of The Denton Plan and the
Development Code; and
b. The proposed Minor Plat meets the requirements of the Development Code and state
C. P£oceduxe:
1. Iintiafion of a Staff Review procedure may be made by:
a. Recommendation of the Director of Planning and Development; or
b. Application by the property owner or their authorized agent.
2. Witlfin thirty (30) days after receipt of a complete application, the Staff shall issue a written
decision to the applicant.
D. Appeals:
1. A Staff decision on Site Design reviews may be appealed to the Planning and Zoning
Commission.
2. A Staff decision on Minor Plats is final and may not be appealed.
3. A staff determination pursuant to Sections 35.3.7.A.3 and A.4 may be appealed to the ]3oa~d
of Adjustment.
4. A Staff decision on a Watershed Protection Permit or a Gas Well Development Plat may be
appealed to the planning and Zoning Commission pursuant to law, Home Rule authority
and its authority under Tex. Loc. Gov't Code Chapter 212.
Local Permit Procedure.
Upon application, the Director may allow an application to be p~ocessed under preexisting land
development regulations if:
1. The applicant can demonstrate that he had a pre-existing, investment-backed, good faith
expectation that he would be permitted to commence and complete a specific project under
the standards set out in Paragraphs C, D, and E, or
2. The applicant can demonstrate a project in progress pursuant to state law.
Definition:
2. For the purpose of this subchapter, an "investment backed expectation" is deemed as the
expenditme of substantial sums of money which cannot be recovered or an irreversible
change of position that imposes on the applicant an obligation to expend substantial anms of
money in the future.
3. For the purpose of this section, the "date of notice that the revised regulation is in progress"
shall be when an amendment is posted on an agenda of the Planning and Zoning
Cormmssion in accordance with state law.
3-8
C. In considering whether a development expectation may be processed under preexisting
regulations, the Director may consider:
1. Whether there has been an act of the City or an officer or agency of the City upon which the
applicant in good faith has relied to his detriment in a ~nanner that makes it inequitable to
enforce the terms of the currently effective development regulations with respect to the
applicant's property.
2. The extent to which the applicant has, prior to the date of notice that the revised regulation
is in progress made a substantial commitment of money or resources directly associated with
physical improvements on the land such as grading, land balancing, installation of utility
infrastructure or other public improvements, or for the design of specific buildings and
improvements to be constructed on the site.
3. The extent to which the applicant has secured permits for, and commenced or completed,
the construction of subdivision improvements and buildings in part but not all of a project
that was contemplated to extend over a period of months or years.
4. Whether the applicant prior to the date of notice that the revised regulation is in progress
has made contractual commitments to complete buildings and deliver l/fie thereto or
occupancy thereof.
5. Whether prior to the date of notice that the revised regulation is in progress the applicant
has incurred financial obligations to a lending institution, which, despite a thorough review
of alternative solutions, the applicant will be unable to meet unless he is permitted to
proceed with the proposed development.
6. Whether enforcement of the terms of the currently effective development regulations will
expose the applicant to substantial monetary liability to third persons; or will leave the
applicant completely unable, after a thorough review of alternative solutions, to earn a
reasonable return on the property.
7. Whether the right of the applicant to commence and complete the proposed development
may have been processed only with respect to an identifiable and discrete portion of the
proposed development.
D. An applicant may commence and complete construction of a specific proposed project, or a
portion thereof, if the applicant can demonstrate that:
1. He owned the parcel proposed to be developed on the date of notice that revised regulation
was in progress with respect to such parcel and the specific development proposed for the
parcel was then lawful and permitted.
2. Applying the consideration set out in Paragraph C of this subchapter, the development
expectations of the applicant were reasonable and final when formulated and investment-
backed.
3. Requiring that the applicant's property be developed in accordance with the currently
effective development regulations will, considering the investment of applicant prior to the
date of notice that rezoning is in progress, deprive the applicant of a reasonable rate of
return on his investment. In determining the reasonableness of the proposed rate of return,
the following categories of expenditures shall not be included in the calculations of the
applicant's investment.
a. Expenditures for professional services that are unrelated to the design or construction
of the improvements proposed for the projected development.
b. Expenditures for taxes except for any increases in tax expenditures, which result from
governmental approvals or the construction of improvements on the property of the
applicant.
c. Expenditures which the applicant has allocated to the particular proposed project but
which the applicant would have been obliged to incur as an ordinary and necessary
3-9
35.3.9
business expense (for example, employee salaries, equipment rental, chattel mortgage
payments) had the plan for the particular project not been formulated.
General Provisions.
1. The fact the property has been or is in a particular zoning classification under this Chapter,
or any prior Zoning Ordinance of the City, shall not, in itself, establish that an applicant may
proceed to process the application.
2. Any person, firm, or corporation having an ownership interest in property may file an
application for a determination of the right to process the application. The application shall
contain such other information as the Director may specify to make the detemUnafion.
3. A determination of the Director with respect to allow a permit to be processed under
preexisting regulations shall expire and be of no further force or effect unless construction is
actoally commenced within one (1) year of the date the determination is made.
4. Any person, ftrm or corporation, having an ownership interest in the property, and claiming
a right to commence and complete a specific proposed development who does not file an
application for a determination under this subchapter, within six (6) months of the effective
date of a revised regulation shall be deemed to have waived his right to seek such a
determination.
5. An applicant may appeal the Director's determination within 10 days by filing an application
as a Zoning Amendment as outlined in Section 35.3.4. C.
6. A determination that a permit may be processed under preexisting regulations shall be
treated as a special exception to the underlying zoning regulation.
7. No application for local permit will be allowed for a Watershed Protection permit. Requests
for relief must be made under Section 35.3.10.
Religious Freedom Procedures.
35.3.
A. A person may claim that a provision of the Denton Development Code substantially burdens the
person's free exercise of religion. In making such a claim a person shall give written notice to the
City by certified mail, return receipt requested according to the provisions of Texas Civil Practice
& Remedies Code [ 100.001, et. seq. (Vernon Supp. 2001).
B. The City Council may grant a waiver or partial waiver of the provisions of the Denton
Development Code according to federal or state law to accommodate a person's free exercise of
religion.
Gas Well Permit Relief Provisions.
A. The purpose of this provision allows a determination of whether the application of the standards
in the Denton Development Code as applied to a Watgrshed Protection Permit and related
devdopment applications would, if not modified or other relief granted, constitute a regulatory
taking under constitutional standards.
B. A property owner or his authorized agent may file an application for relief under this subsection
following final decision to deny or conditionally approve an application for a Watershed
Protection Permit and related applications within ten (10) days.
C. The Director has the authority to establish reqtfirements for applications in the Application
Criteria Manual. No application shall be accepted for filing until it is complete and the fee
established by the City Council of die City of Denton has been paid.
D. Upon approval of an application in whole or in part by the City Council, the Director shall
process the Watershed Protection Permit, and related development applications and the Director
shall decide the applications consistent with the relief granted on the application, including any
amendments to applicable standards approved by City Council.
3-10
E. A denial of an application by the City Council is a final determination.
F. Criteria for approval. In deciding whether to grant relief to the applicant, the City Council will
consider whether there is any evidence from which it can reasonably conclude that the
application of all or a part of the standards governing approval of a watershed protection permit
under the Development Code will deprive the applicant of all economically viable use of the land,
based upon the following factors:
1. Whether the operations proposed are consistent with protecting the ecological integrity and
environmental quality, indudmg protection of s~face and ground water sources, of
potentially impacted envixonmentally sensitive areas.
2. The nature and intensity of the uses allowed following application of the standards in the
Development Code to the watershed protection permit and related development
applications, in comparison with the nature and intensity of the uses allowed without
application of the standards;
3. Whether the standards of the Development Code when applied to the watershed protection
permit and related development applications allow an economically viable use of the land;
4. For applications in which it is alleged that there has been a devaluation of property, whether
the adoption or application of standards in this article is the producing cause of any
devaluation of the property;
5. The extent to which the applicant's expectations for economically viable uses have been
realized through actual or anticipated development on land or an interest in land originally
part of the same tract or parcel as the land for which relief is sought under the application
6. The extent to which applicant has taken advantage of any other relief measures provided by
this Code that would result in mitigation of economic impacts resulting from application of
the standards in this Land Development Code;
7. The extent to which the owner of the property had actual or constructive notice of
regulations or proposed changes in the standards governing watershed protection permits;
8. Unique circumstances exist on the property on which the application is made related m size,
shape, area, topography, surrounding conditions and location that do not apply to other
property in the vicinity.
9. Whether there are other alternative well site locations.
10. Any clam fur relief pursuant to Tex. Loc. Gov't. Code Chapter 245.
G. In granting relief under the application, the city council may waive or modify the standards to be
applied to the watershed protection permit or related development applications, and may impose
reasonable conditions on related development applications in order to implement the relief
granted. The council also may initiate an application for a zoning map amendment in order to
afford the relief granted, provided that such application shall be decided in accordance with
section 35.3.4, subchapter 3. In such case, the council's decision on the application shall not be
considered final until the application for the zoning map amendment is decided. The action taken
by the council under this section shall not deprive the planning and zoning commission or any
responsible official of its final approval authority over subdivision plats and other development
permits.
H. No application for local permit under Section 35.3.8 will be allowed for a Watershed Protection
Permit.
35.3. f f Tree Preservation Relief Provisions.
~I~ae purpose of this provision allows a determination of xvhether the application of the Denton
Development Code as applied to a Tree Removal Application and related development
applications, would if not modified or other relief granted, may unreasonatily burden the
development of the property.
3 -11
B. A property' oxvner or his authorized agent may file mn application for relief under this Suhsecfion
following a final docieinn to deny or conditionally ~ant an application for a Tree Removal
Permit.
C. The Director has the authority to estahlish rea_uirements for Applications for Tree Preservation
Relief in the .Application Criteria Manual. No application shall be accepted for fili. g until it is
complete and the fee established by the City Cmmcil has been paid.
D. Upon approval of an application for relief in whole or in part lay the City CotmciL file Director
shall process the Tree Removal Permit and related development applications pursuant to the
relief eranted on die application for relief approved by the City Council.
E. A denial of an application for relief by the City Council is a final determination.
F. Cdtvrla for Approval. In decicli,~g whether to ~ant relief to the applicant, the City Council shall
consider whether there is any evidence from which it cm~ reasonably conclude that the
application of all or a part of the proxqsions of the Denton Development Code that apply to tree
preservation may deorive the applicant of all economically, viable use of the propert?, based on
the following factors:
1. Whether there is a mxique physical circumstance on tile property.
2. Whether the proposed design has minimized the loss of trees to the extent possible.
3. Whether preservation and/or mitigation undidy hm'dens the development of the property.
(Amended Ord. 2004-059 03/02/2004)
3-12
Exhibit B
Subchapter 13 -Site Design Standards
Sections:
35.13.1
35.13.2
35.13.3
35.13.4
35.13.5
35.13.6
35.13.7
35.13.8
35.13.9
35.13.10
35.13.11
35.13.12
35.13.13
Purpose and Intent.
Application.
Procedure / Plans Required.
Criteria for Approval.
Alternative Development Plan. .
S~cct Tzcc Rcq'~zmcnt:.Leff Blink fgr Future Use
Tree Preservation and Landscape and Tzcc Ca,nc, i;y P, equ[rements.
Buffer and Screening P, equ~rements.
Fence P~equLtements.
Access, Pa~king and CLtculafion P~equLtements.
Drive-Through Use P, equi~ements.
Light and GL~e Performance Requirements.
Site Development Requirements.
35.13.1 Purpose and Intent.
The purpose and intent of this Subchapter is to regulate the manner in which land in the City is used and
developed, to minimize adverse effects on surrounding property owners or the general public, and ensure
that high quality development is maintained throughout the community.
35. f3.2 Application.
The standards of this Subchapter shall apply to those developments, excepting agricultural uses, that meet
any of the following thresholds:
A. Residential.
1. Building a structure that contains two or more dwelling units.
2. Building a structure on lots of less than 10,000 square feet.
3. Developing a parking lot.
B. Non-residential.
4. Building a stmctore of greater than 1,000 square feet.
5. Converting a residential structure to non-residential use that requires site plan
improvements.
6. Developing a parking lot.
C. Expansions.
1. The expansion of existing buildings or site development, excepting single and two family, is
subject to the provisions of this Subchapter based on the Expansion Applicalgflity Table.
35.13.3
Procedure / Plans Required
A Site Review is required for any development that is required to meet the requirements of this
Subchapter.
1. The Staff Review Procedure will be used to process a request for a Site Review.
2. Site Review applications shall be made in accordance with the Site Design Criteria Manual.
13-1
Expansion Appficability Table
Single-family
expansion within
~ermiRed lot
coverage,
Multi-family
expansion of lO%
of the number of
units or 10 units,
whichever is less.
Non-residential
expansion (based
on floor area) of
1,000 sf or 25%,
whichever is greater
5UT NOT
EXCEEDING 10,000
SF FOR RETAIL
USES].
Casualty loss
replacements (far
all uses) that exceed
the above-defined
thresholds.
Reconstruction
after any voluntary
demolition of all or
substantially all
improvements on
a site.
Parking lot
expansion
(excluding re-
striping) of six
spaces or more.
residential structure
to a non-residential
~mprevements are
required.
NIA -only a
"plot
plan".
YES
YES
YES - but
only a "plot
plan" for
single-family.
YES
YES
N/A
N/A
YES,
based on
total trips.
YES,
based on
total trips.
YES,
based
on total
trips
(N/A to
single-
family).
YE
S
N/A
NIA
N/A
YESt applied to the
expanded impervious
area atthbutable to
the new units up to a
50% increase in the
number of units
unless the entire site
still complies; then, for
increases greater than
50%, to the entire site.
YES, applied to the
expanded Impervious
area attributable to
the new floor area up
to a 50% increase in
floor area unless the
entire site still
compiles; then, for
increases greater than
50%, to the entire site.
YES, applied to the
expanded impervious
area attributable to
the new units or new
floor area up to a 50%
increase in the
number of units or
tioor area (unless the
complies); then, for
expansions greater
than 50%, to the
entire site (N/A to
YES, applied to the
entire site.
Lost canopy due to
the expansion must
be replaced, but only
if the site, as a whole,
does not comply.
NIA
N/A
YES, applied to
new units with
exterior walls up
to a 50%
increase in the
number of units;
then, for
increases
greater than
50%, to all
units.
YES, applied to
new floor area
with exterior
walls up to a
50% increase in
floor area; then,
for increases
greater than
50%, to all
buildings.
YES, applied to
the new units or
new floor area
with exterior
walls up to a
50% increase in
the units or floor
area; then, for
increases
greater than
50%, to all
units/buildings
(N/A to single-
family).
YES, applied
to all
improvements
N/A
N/A
N/A
YES, applied to
the additional
parking required
far the new
units up to a
50% increase in
the number of
units; then, far
increases
greater than
50%, to all
parking.
YES, applied to
the additional
parking required
far the new floor
area up to a
50% increase in
floor area; then,
for increases
greater than
50%, to all
parking.
YES, applied to
the additional
parking required
for the new
units or new
floor area up to
a 50% increase
in the number of
units or floor
area; then, for
increases
greater than
50%, to all
parking (N/A to
single-family).
YES, applied
to all parking.
YES, applied to
the additional
parking spaces
up to a 50%
increase in the
number of
spaces; then,
for increases
greater than
50%, to all
parking.
N/A
N/A
YES, applied to the linear
feet of street frontage
contiguous to the new
units and additional
required parking up to a
50% increase in the
number of units; then, for
increases greater than
50%, to ati street frontage.
YES, applied fa the linear
feet of street frontage
contiguous to the new
floor area and additional
required parking up to a
50% increase in floor
area; then, for increases
greater than 50%, to all
street frontage.
YES, applied to the linear
feet of street frontage
contiguous to the new
units or new floor area and
additional required parking
up to a 50% increase in
the number of units or
floor area; then, far
increases greater than
50%, to all street frontage
(NIA to single-family).
YES, applied to the entire
site.
YES, applied to the linear
feet of street frontage
contiguous to the new
parking spaces up to a
50% increase in the
number of spaces; then,
for increases greater than
50%, to all parking with
contiguous street
frontage.
N/A
13-2 ]
B. Transportation Impact Analysis (TIA).
1. A TIA shall be requked for any proposed site development that can be reasonably expected
to generate more than 1,000 vehicle trip ends dining a single day and/or more than 100
vehicle trip ends during a single hour.
2. The TIA shall be developed in accordance with the Transportation Criteria Manual.
35.13.4 Criteria for Approval.
The following criteria shall be used to approve or deny a site plan:
A. All applicable City Ordinances and Regulations have been met and w/ll be met by the proposed
development.
B. All requirements of the Site Design Subchapter have been met.
C. That adequate capacity of public or private facilities for water, sewer, paved access to and
through the development, electridty, storm dxa/nage, and adequate public facilities for
transportation can and will be provided to and through the subject property. Adequacy can be
determined based on the infrastructure standards established by the City and Denton County.
35.13.5 Alternative Development Plan
An applicant may propose an Altemative Development Plan which meets or exceeds the design objectives
of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development
Plan provides the option to ad&ess the design criteria through a flexible discretionary process reviewed by
the City Council utilizing the Zoning Amendment Procedure process outlined in Subchapter 3.
A. Criteria for Approval. The goals and objectives which must be met, and by which the proposal
will be judged are:
1. Preserve Existing Neighborhoods.
2. Assure quality development that fits in with the character of Denton.
3. Focus new development to activity centers to curb strip development and urban sprawl.
4=.Ensure that infrastructure is capable of accommodating development prior to the development
occurring.
13-3 I
35.13.7 Tree Preservation and Landscape ccd Trce
Requirements.
Tree Preservalion:
1, Purpose and Intent
The Denton Plan identifies the importance of environmental management. The purpose of
these regtdafions is ro promote the preservation of ~ees. tree stands, including but not
l~nited to remnants of the Cross Timbe£s Forest and existing tree canopy, to protect trees
during construcdom to ~acilitate site design and construction that contribute to the long term
viability of existing trees which improves env-~onmental conditions, specifically to comply
with air and water u_ualil? re,clarions, to increase property values :md to develop a process to
control the removal of n:ees. It is the further purpose of this ordinance to achieve the
follo ' r deroLqe(~ :
a. Prevent tmfimely and indiscriminate removal or destruction of trees.
b. Maintnin and enhance a positive image of the City.
c. Protect trees and promote the ecolo~cal, environmental and aesthetic values of the
City.
d. Preserve historic tarees.
e. Provide for a permitting :md enforcement procedure.
2. Apphcability
a. Unless e~empt under Subsection C. this Subchapter shall apply' to:
Undeveloped land.
ii ~MI property to be redeveloped including additions or alterations, but not includine
interior alterations or exterior alterations that do not change the footprint of the
building, and that do not require the removal of trees.
iii Gas Well Development includhig but not lhnited to gas xve]l transmission lines.
iv Right of way. streets, parks, and other public propem., under the !urisdicfion of the
City of Denton.
b. To the extent there is a conflict between this Subsection and any other Subsection
i~clnctin§ but not limited to Suhsecfion 35.17.9 (Upland Hahitat Development
Standards.) the more stringent requirement shall apply that preserves the largest quantity
of trees. To the extent there is a conflict between this Subsection and Subsection
35.22.5.A.8.c (Gas Well Drilling and Production]. the gas well r%m~lafions, which
rea?ires 1:1 mitigation_ shall apply.
c. Exemptions:
Developments that have a completed apphcafion on file for a final or preliminary-
plat for a single~family development or a huildh~g permit, whichever is applicable.
as of the effective date of this ordinance.
ii Any development for xvhich construction has be_tmn on infrastructure
improvements pursuant to an approved three-way consmmtion contract, includth~
roads- as of the effective date of this ordinance. In the event that construction of all
infr'~txucture fluprovements in such a development ceases for a conthiuous period
of 180 days or longer, this exemption shall cease to apply on file 181st day after
cessation of construction unless the Cii3, accepts the infrastructure improvements.
iii Property on which a single-family or two-family residential dwelling trait(s) exists.
!3 ~4
iv Trees located in the visibility triangle area. as defined ti~ the Transportation Criteria
Manual.
¥ Public utility pro!ects associated with a master plan. conducted by a public utility or
a munidpal owned utility.
vi Public Utilities have the right to trhn. cut. and/or remove an3, and all trees that:
([~ Interfere with or encroach upon the operations o f existing public utilities: or
(b) Create a safety issue for utility crews: or
(Q Create a safety issue for the public.
vii City Landfill and ,Mrport.
viii Nm;sexy trees, including Christmas tree finns, that are planted and growing on the
premises of a Wliolesale Nm'sery that are intended for sale h~ the ordinary course
uf business.
Any tree deterrmi~ed to be diseased, d34ng, dead. creating a public nmsance or
damaging a foundation by a qualified professional.
x .&ny tree determined to be causing a danger or be in hazardous conclifion as a result
of a namrfl event such as tornado, storm, flood or other act of God that end,m~gers
the public health, welfare or safety and requires immediate removal,
xi Clearing of understory necessary to perform soil borings, boundary sun, eying of
real properly or to conduct tree surveys or inventories As long as the clearing for
surveying shall not e_xceed a width of two (2~ feet for general survey fi.e. of
easement boundary, etc.) asxd eight (8) feet for smarey of property bmmdary lines
and any tree having a ten (10) inch dbh or ~eater shill not be removed under this
exemption durhxg such boundary or general surveying.
xii Capital Improvement Projects awarded prior to the effective date of this
Subsection.
xiii Property zoned Rural Residential (RD-5) or Rural Commercial (RC).
Permit Required
a. No person, directly, or indirectly, shtdl cut down. destroy_ remove or move. or
intentionally desn'oy or damage any Quality Tree. Protected Tree. or Historic Tree
xvithout first obtaining a tree removal permit and complying with the reu_uirements of
this Subsection.
b. No gracFmg shall take place on ~y tmdevaloped property that contains trees subject to
tlfis Subsection xvithout obtaining a tree removal permit.
NO lieaxS- equipment sliall be moved onto a site prior to all applicable permits befog
issued.
d. Trees ~eater than 3 "dbh and not identified as a Ouality Tree. Protected Tree. or
Historic Tree witliin this Subsection may be removed with a permit.
e. Trees less than 3" dbh and not identified as a Historic Tree may be removed without a
permit.
£ A permit is required for the removal of five or more trees on a single-family lot.
Permit Review and Approval Process
a. The Director shall adopt roles establishing tire requirements for the permitting and
approval process in the Application Criteria Manual. The roles shall include
information reqttired by the Director to determine if the application is complete,
13~5 I
b. A request for tree removal pemrit shall he submitted and approved prior to the removal
of any Ouali~, Tree. Protected Tree. or Historic Tree in the City.
c. A complete application shall be submitted along with the application fee. if required.
The fees shall be established by City Council and published in the Application Criteria
d. A Tree Inventory Plan md a Tree Replacement/Mid,don Plan. if required, must be
submitted with the tree removal permit application.
e. Pemts for tree removal issued in connection with a b,,ildlng permit or cleating and
grading permit shall be valid for the same period of time. Tree removal permits issued
not in com~ection xvith a bnilding permit or clearing and ~ading permit are valid for 180
days.
£ After the tree removal permit is issued, the pemtit holder shall post a tree protection
sign. supplied by the City. at each entrance to the property and at any other location
de,~ignated by the City.
g. Upon the request of the applicant, the planning Director shall be authorized to work
with the owners, developers, and btillders to make non-substantive dmnges, within the
scope of the ordinance, to plans, permits, and other requirements throughout the
development and construction processes that will provide the greatest reasonable tree
sundval. The decision of the planning Director may be appealed by the applicant to the
pl,nning and Zomg Commission under Subsection 35.3.5.
h. The applicant may file an application for relief from the Tree Preservation/Nfifigafion
requirements in this Subsection puasuant to Subsection 35.3.11 on ~ounds fl~erein
specified to the CiD, Council within ten (10) calemtar days of the posthag of the decision
by the DRC. The Cotmcil shall decide the petition based upon the criteria in Subsection
35.3.11.
Tree Desi~tmafions
a. Protected Trees
Any hetdthy tree xvith an eighteen (18) inch or greater dbh and not in a Quality Tree
Stand or a Mesqttite. Bols Arc. Locust Hackberry and/or Cottonwood species. All trees
~eater than eighteen (18) inches dhh shall be considered a Protected Tree tmless a
~letalled tree inventor3' is submitted by an applicant verifying the presence of Mesquite.
Bols Arc. Locust ]4ackher~r md/or Cottonxvood species.
b. Historic Trees
A Historic Tree is a healthy tree that stands at a place where an event of historic
significance occm'red that had local_ re,thai, or national importance: or at the
home of a citizen who is famous on a local, re~on,'tl, or national basis.
ii A tree may also be considered historic if it has taken on a legendary stature to the
cormmurity: mentioned in literature or documents of historic value: or considered
mmsual due to size. age or has landmark status.
iii The Historic I anclmark Commission will make recommendations for Historic Tree
de$i_mmfions to the pl~m~ing and Zoning Comrni~qion (which will conduct a public
hearing and include properi? owner nofificafior[~ for ultimate approval by the City
Council. Upon de~i~onafion, each tree shall be added to a l-Iistoric Tree Re~stxy
map to be maintained by the Director.
c. Ouality Trees
=MI healthy trees that have a dbh that is greater than slx (6) roches, but is less than
eighteen (18)inches trod not within a Quality Tree Stand. All trees shall be considered
Qualit), Trees unless a detailed tree invento~ is suhirfitted by an applicant idenfifi.fine
Second:uT Trees.
13-6 I
d. Ouality Tree Stands
Three 9r more confi~maous Quality Trees whose canopies are generally clustered
together creating a con '_nguous drip line. All Tree Stands shall be considered Ouality
Tree Stands unless a detailed tree inventory is submitted by an applicant idenfi~ting the
tree stand as a Secondary Tree Stand.
e. Large Secondat? Trees
3.il healthy Mesquite. Bols Arc. Locust Hackbercy and/or Cottonwood trees with an
eighteen (18) inch or greater dbh..
f. Secondary Trees
· El health~.~ Mesouite.. Bols Arc. Locust Hackbenv. and/or Cottonwood trees that have a
dbh that is ~'eater than six (6) indaes, but is less than eighteen (18)inches.
g. Secondary Tree Stands
Three or more contiguous Secondarg Trees whose canopies are generally clustered
together creating a cox~ti~tmous drip line. A Secondary tree strand must consist of a
cnini,num eight? (80) percent of Secondary tree species.
Preservation
The following shall apply unless an application for relief is filed and approved trader
Subsection 35.3.11.
a. Any tree designated as a Histox'ic Tree shall be preserved.
b. 2kny tree designated as a Protected Tree or a Large S¢¢0ndary Tree shall be p~esexx, ed
unless mitigated under the reqtfirements of Subsection 7.
¢. The minimum percentages of all dbh or percentage tree canopy of Quality Trees.
(~ualiry Tree St,'uads. Secondary Trees and Seconda~' Tree Stands that must be
preserved as shown on Tafile 35.13.7.A and Table 35.13.7.B.
d. All percentages relating to preservation stated within tlfis section shall be based on the
idifial tree inventory plan. ;&ny subse~_uent redevelopment of properl? ~iltlst ~llinimall?
preserve the applicable percentage of the total dbh of qualit? trees as indicated by the
initial tree survey.
e. A notation shall be placed on the Site Plan or Final Plat identify, ing each Quality. Tree.
Omdity Tree Stand. Protected Tree Secondar? Tree. Seconda~r Tree Stand and/or
Historic Tree required to be preserved under this Subsection. The notation shall limit
any future unauthorized land disturbing activity or construction that would inapact
vasd/or damage the tree(s) to be preserved or protected.
Nfifi,.tTation
If preservation cannot be reasonably achieved, then the following mitigation standards shall
~apply.
a. Protected Trees and Large Secondary 'Frees may be removed if mitigated as identified
on Tal)le 35.13.7.A and Table 35.13.7.B.
b. Ouality Trees. QuailD, Tree Stands. Secondary Trees and Secondary Tree Stands may be
removed in excess of the minimum presel'eafion requirement provided the excess
removal is mitigated as identified on Table 35.13.7.A and Table 35.13.7.B.
~3-7 [
Table 35.13.7.A
Preservation & Mitigation Reouirements for Infill Lots
Less than 100%
None N0q¢ None None
~/2 acre Preserved
If removed.
½ acre to 1 If removed, mifimted at a
100% mitiLmted at None None
l:0.25 ratio,
~ a 1:0.5 ratio.
If removed.
1 acre to If removed, mitlmted at a
100% mitigated at None None
2.5 acres a 1:I ratio. 1:0.5
A minimum of 10% of all
Oualiw Trees & Tree Stands
nrescrved in Single-family &
Duplex Dwellin~
Develonments:
A minimum of 12.5% of all
If removed.
2.5 acres to Oualitv Trees & Tree Stands If removed, mifieatcd at a
100% mifi~mted at None
5 acres a 1:i.5 r~tio, nrcscrved in Multi-family and 1 :(I.75 ratio.
Non-residential drvelopment,~
Up to 50% of the percentave
mqqired ;0 be preserved may
be nfitisated under
rcouircmcnts of this
Subsection. at a 1:1 milo.
A minimum of 10%
A minimum of 20% nreserved ~rcservcd in Sim~lc-Pamil ' &
in Sinvlc-familv & Dut~lex
Dwellinv Dcvek)t~ments: Developments:
A minimum of 25% preserved A minimum of 12.5%
Greater If removed, in Multi-family and Ngn- t~reservcd m Mulfiffamilx and
- If remt.~ved, miff!rated at a
than 5 100% miff!rated at residential dcvelonmcnts '1:1 ratio. Non-residen'&~l
acres a ! :2 ratio developments
required ~0 be preserved may Un m 50% of thc vcrccn a~e
be mifivatcd under thc req,,fired to be preserved mv
rcouirements of fltis be miti~,ated under the
Su[)sccfion. at a 1:1.5 ratio, remdrements of this
Subsection. at a 1:0.75 ra
13-8 ]
Table 35.13.7.B
Preservation & Mitigation Requirements for Non-Infill Lots
1 ,ess than If removed, mifi~fated at a
'/2 acre 100% None 1:0.25 ratio.
if removed, mifivated at a
V2 acre to 1 None "
acre 1:0.5 ratio.
2.5 acres
than 2.5
I f removed_
mitigated at
a 1:0.5 ratio
If removed.
100% mitigated at
a I:1 ratio.
1 f removed.
100% mitigated at
a 1:1.5 ratio.
If remove&
100% mifi?ated at
a 1:2 ratio.
A mh 'urn 10% reserved
in Sin leffeaniD D 1 I xx
~vellin_v Developments:
A minimum of 12.5%
preserved in Multh family and
Non-residential develot~ments
Up to 50% of the percentage
required to be preserved max,
be mitigated under the
re?tirements of this
Subsection. at a 1:1 ratio.
A ntinimum of 20% preserved
in Singleffamily & Dut~lcx
Dwelling Developments:
A minimum of 25% preserved
in Mulfi-famih, anti Non-
residential developments
Up to 50% of the pcrccntaec
required to be preserved may
be mitiffated under the
requirements of this
Subsection. at a 1:1.5 ratio.
If removed, mitix~atcd at a
1:0.75 ratio.
If removed mifi~mted at a
I:1 ratio.
A minimum of 5%
A minimum of 6.25%
developments
be nfitJmxted under thc
requirements of this
A minimum of 10°/q
Duplex Dwellina
Developments:
A minimum of 12.5q,~
Non-residentS.al
developments
Up
required to be
bc alitigatcd under thc
remdmments of this
l:0.75
c. Each replacement tree shall be a znin/~num of 2" c,-diper measm'ed 6" above ~ade and at
least 5' in height when planted.
d. Upon completion of the three-year landscape establishinent period, for replacement
trees, the Ci~, shall inspect the trees and determine whether n/net5, percent (90%) of the
trees are healthy and have a reasonable chvmce of surviving to mamriiT. Upon such a
finding, the City shall release the cttrren~., bond or letter of credit. In the absence of
such a finding, the Applicant shall be notified to replace any unhealthy or dead trees. If
the applicant does not take remedial steps to hi'ing the property into compliance, the
City shall make demand for payment on the cash bond. surety bond. or letter of credit.
The City may use ,all legal remedies to enforce this subchapter in addition to mtdchlff
demand on the security, provided herein.
e. Tree Fmxd
The City sh,~dl administer the Tree Fund. Tree fi~nds shall be used to purchase.
plant and maintain trees on public property, to preserve xvooded property that
rem,abas in a natm'allsfic state in perpetn/ty, to perform and m,,fint,-fin a city-wide tree
inventory and to educate citizens and developers on the henefits and value of trees.
!3-9 I
fi The applicant shall pay the fees established by City Com~cil and published in the
Development Review Fee Schedule m rise Application Criteria Manual. The fee
shall be based on the fair market value of materitfls ,and labor at the time of plmting
and the reasonable esthnated cost for maintenance and irrigation for a period of
three (3) years.
iii Fees cnn~huted to the Tree Fund shall be paid prior to flxe issuance of a Clearing
and Grading Permit on ail Commercial_ h~dustrial, or Multi-Family Residential
developments, prior to final approval of a Gas Well Development Plat and prior to
fifing a Final Plat in the Denton Count), Clerks Office for all Single-fanuly
Residential SubdMsions.
iv Vohinta~ contributions for tree preservation shall be placed in the Tree Ftmd.
f. Tree Trusts
Areas of a minimum of one acre that have the characteristics of Cross Timber
Forests are ell_~ble to be classified as a Tree Trust.
fi Desi_t, nation of a Tree Trust and transfer of tree credits shall be approved hy the
DRC Ch,,drman.
iii Tree Trusts shall be preserved with a permanent easement that shall limit any
future land disturbing activity or consi'mcfion flint would impact and/or damage
the tree(Q and shtdl nm with the land and be binding upon all successors and
assigns of the current oxm~er. Mediods for the long-term conservation of said trees
may include permanent conservation easements, restrictive covenants, or other
such le~l mechaulsms.
iv Only portions of a Tree Trust not designated towards tree credit may be used for
mifi~tion as identified in this Subsection.
v Trees that are required to be preserved m compliance with other development
regulations shall not be credited towards the Tree Trust.
vi Areas that are m~-developable, including but not limited to undeveloped floodplain.
xveflands and riparian areas, shall not be desi~nated as Tree Trusts.
g. Areas that are un-developable, including but not linfited to floodplain, wetlands and
riparims areas, shall not be desiffnated as Tree Trusts.
8. Alternative Tree Preservation Plan
An applicant may propose an Alternative Tree Preservation Plan xvhich meets or exceeds the
goals and objectives of this Subchapter but does not meet the standards of this Subchapter. The
Alternative Tree Preservation Plan pro~fdes the option to address the criteria through a flexible
discrefiona~ process reviewed by the Planulng and Zoning Commission utilizing the Pl:umine
and Zoning Commission Procedure process oudined in Subchapter 3.
a. Criteria for Approval. The goals and ob!ectives which must be met. and by which the
proposal Will be Judged are:
i The proposed Alternative Tree Preservation Plan adequately achieves, or is an
improvement on. the intent of the requirements of this Subsection.
ii Assure qmdit), development that fits in with the character of Denton.
9. Preservation Incentives
a. Tree Credits
All Quality Tree~ and Ouality Tree Stands that are preserved beyond the mittimum
reqinrements identified in Table 35A3.7.A }md Table 35.13.7.B shall be credited
towards limdscape canopy requirements as identified in Table 35.13.7.C.
ii All Quality Tree Stands with existing understop- that are preserved beyond the
minimum requirements identified in Table 35.13.7.A and Table 35.13.7.B shall be
credited towards landscape canopy requirements at a ratio of 1:2.
iii Unless trees preserved are an integral part of the parking lot desi~ma, they will not be
credited towards parking lot canopy requirements.
iv Unless trees preserved are an inte~l part of a requited buffer desi~tm, they will not
be credited towards buffer requirements.
Table 35.13.7.C
Credit Received towards landscape canopy requirements for Preservation Beyond
M'mimum Requirements Identified in Table 35.13.7.A and Table 35.13.7.B
Ouality Tree
Ouality Tree - Oak Species
Ouality Tree Stands without understory
Quality Tree Stands consisting of a mum 90% Oak Species
(,Duality Tree Stands with understory
Quality Tree Stands consisting of a minimum 90% Oak Species with
understory
1:1.3
1:1.5
1:1.55
1:1.75
1:1.8
1:2
b. Par~king Spaces
For every twelve (1:~ dbh of Ouakty Tree(Q that have been protected on site, beyond the
minimum req~ir¢meaats identified in Table 35.13.7.A and Table 35.13.7.B one (1) parking
space may be added to or subtracted from the required munber of parking spaces up to a
fifteen (15) percent increase or decrease. Upon the approval of the D~rector of Planriing mad
Development. a waiver of up to thirty (30) percent may be ~m'anted.
c. Parlting Lot Desi~ma
The Director of Pl',mnlng mhd Development may allow parking lot design and parking lot
londscaping requirements to vary from adopted standards to preserve existing trees.
d. Suhdivision Desi~tm
The following incentives may be approved by the DRC Ch~irmoa~ and must be
co~mnensttrate with the t!_uali~- and character of the trees to be presetx~ed:
Block Length may be increased up to twenty five (25) percent.
ii Cul De Sac Lengtl~ may be increased up to twenty five (25) percent.
iii Alternative sidewalk locations.
iv Offset street location withha a righbof-way.
e. Other Incentives
The employment of the fnllowing incentives must be approved by City Cmmcil and must be
commen,qurate with the quality and daaracter of the Trees to be placed within a conservation
easement or otherxvise conserved and the extent to which the preserved 1,'md contributes to
the preservation of the remnants of the Cross Timber Forest. Incentives may include but
are not limited to:
i Fee xvaJvers or credits.
13- 11 I
ii Reduced open space/park land dedication requirements.
iii Reduction of monetary assessments relative to a~c, ticultural rollback taxes.
iv Tax abatements.
v Tax Increment Financing.
vi Chapter 380 ~ant of money.
vii Transfer o f Development Rights. and/or
vffi Purchase ofDevelopment Pdghts- purchase by Govenmaent or Tmst.
10. Enforcement
a. The City Arbofist. Building Official or an authorized representative of the Cit., shall
have the authofit.' to place a Stop Work Order on any acfivriy involving the removal of
Protected Tree(~). I-Iistofic Tree(~) Otuallty Tree(s) or Ouality Tree Stand(s) or that may
othexxvise endanger trees contrary to the provisions of this Subsection mad applicable
Criteria Manuals. The Building Official max, deny all Permits and Certificates of
Occupancy, for any site which is not ha compliance with this Subsection and applicable
Cfitefia/victuals.
b. Each tree removed in violation of this Subseciion shall constitute a distinct and separate
offense.
c. Each tree preserved or planted under this Subsection that is removed, destroyed or dies
within three (3) years of approval shall consfitote a distinct and separate offense.
d. It shall be a defense that trees are in!uted or destroyed by natoral ca*-tses, natural
disasters_ including but not limited to tornadoes, straight-line winds, ice stomas, tire.
floods, hail. or lightuing strLkes, or through the independent unauthorized actions of
fl~ird
e. The enforcement and penalty provisions of Subsection 35.1.10.4 shall apply to this
Subsection.
Landscape and Tree Canopy Re~_uirements
The following requh:ements shall apply to all developments, except tingle and two family lots
within residential developments:
-2M. The percentages of Landscape and Tree Canopy requirements are listed in the table entitled
Landscape and Tree Canopy Requirements.
~2. All landscaping and trees shall be installed and maintained in accordance with the
requirements of the Site Design Criteria Manual.
C-,3. All properties shall install automatic irrigation systems. The Director may waive the
irrigation system requirement if a landscal~mg plan is approved that includes drought tolerant
plants or a xefiscape design.
~X4. The following may count towards meeting the Landscape and Tree Canopy requirements:
~.a. Undisturbed vegetative areas.
-~b. Environmentally Sensitive Areas.
.2~c. Landscaping in the adjacent public fight of way.
4<t. Plazas and pedestrian circulation areas if constructed with petMous material.
.-~e. A percentage of parking areas if constructed with brick pavers or pervious pavement
systems as approved by the Director of planning and Development.
~5~ Landscape A~eas. Landscape area is the portion of a site which is not defined as "lot
coverage".
13 - 12
Tree Canopy. Tree canopy is measured by computing the area that the mature canopy will
encompass, based on the Tree List contained m the Site Design Criteria Manual. The mature
canopies shall be estimated for existing trees on site. Any nee not on the Tree List shall be
estimated by use of standard landscal~mg references.
G-~7. Artiflcial Lot l.lne. An artificial lot is intended to provide administrative relief for large
~tes that will achieve planting areas that exceed substantialiy more than 20% of gross platted
lot area after development is completed. The use of artificial lots are limited by the
following:
-l-~a. If the platted property is over two acres in size, the apphcant may request permission to
create an "artificial lot" to satisfy the requirements of this Subchaptar.
~-b. The Director of Planning and Development shall approve the creation of an arfficial lot
only ff the spirit and intent of this chapter will not be violated. If approved by the
Director, artificial lot lines shall be indicated on the proposed Landscape Plan and shall
contain, at ~um, the total amount of impervious surface coverage, plus 20% of the
area inside the artificial lot reserved for required planting area.
~3~. The area within the artificial lot lines shall provide trees and landscat;mg in compliance
with the requirements of tttis section, and may not extend beyond the property
boundaries of a single platted lot.
4~d, The area outside the artificial lot shall be maintained as planting area with live vegetation
determined by the applicant. No trees located outside the artificial lot lines may be used
for tree credits.
.g~e. The artificial lot lines shali include areas that are adjacent to a public right-of-way or are
necessary to accomplish buffeting of adjacent properties.
13 - 13
Landscape and Tree Canopy Requirements
RD-5
75% 25%
RC 65% 350%
NR-1 Neighborhood Residential 1 70% 50%
NR-2 Residential 2 70% 50%
LRRu ral Residential
ural Commercial
Neighborhood Residential 3 55% 50%
NR-4 Neighborhood Residential 4 40% 50%
NR-6 Neighborhood Residential 6 40% 50%
NRMU-12
NRMU
Neighborhood Residential Mixed Use 12
40% 45%
Neighborhood Residential Mixed Use
20%
40%
45%
25%
25%
20%
3O%
30%
DR-1 Downtown Residential 40%
DR-2 Downtown Residential 25%
DC-N ighborhood 20%
DC-G
Downtown Commercial General
15%
CM-E
=[Community Mixed Use General 20%
Community Mixed Use employment 15%
RCR-1 Regional Center Residential 1
RCR-2 Regional Center Residential 2
RCC-N Regional Center Commemial Neighborhood
RCC-D Regional Center Commemial Downtown
~me~nt.Centp ....
EC-C r Employment centem commercial
EC-I / Employment Centers Industrial
45% 45%
25% 30%
15% 30%
10% 20%
20% 30%
15% 30%
IC-E Industrial Centem Employment 20% 20%
IC-G Industrial Centers General 10% 20%
13 - 14
Street Tree Reo_uirements
All develQpment fronting on public or private streets, exceptinff alleys, shall be required to plant
street trees in accordance with die following standards and in accordance to die Site Desi_tm
Criteria Manual. The ITtrector may approve alternative plans due to special site conditions_ which
may, for reasons such as safety, affect the ability to meet these re~m~lations.
1. Location. Street trees shall be located between the street and sidewalk, except in cases
where diere is a des'.~mnated planting strip in the right-of-way, or the ~ldewalk is greater dian 8
feet wide and des'~m~. ~ed to accept trees in tree wells.
2. Number and Spacing. Street tt'ees shall be planted at the rate of one tree for every 30 feet.
or major fraction thereof, of street frontage. Street trees shall be planted at a re~malar interval
along die street fronta_oe_ and shall be of the same species widiin any specific block.
3. Maintenance. Street trees shall be maintained by die adk(min~ property owner.
35.13.8 Buffer and Screening Requirements.
A. Buffer. A buffer is required based on the following uses being adjacent. All required buffers
shall meet the buffer standards detailed in the Site Design Criteria Manual.
1. Types of Buffers.
a. Non-re£tdential Uses adjacent to residential uses or zomg districts.
b. Multi-family Uses adjacent to single-family residential uses or zomg districts.
c. Manufactured Home Parks adjacent to single-family re£tdeniial uses or zomg districts.
d. A parking lot adjacent to a right-of-way, excluding local streets and alleys in accordance
with Section 35.13.10.
2. Design Requirements (for buffers la-c above).
a. Any of the following or comtfmafion may be used to create a minimum six foot (6')
high screen:
b. Fencing
i Wood fence constracted with steel posts and a decorative cap with the good side
facing the residential use or zomg district.
ii A minimum of 10 foot landscaped area with one tree for every 30 linear feet.
c. Vegetative buffer
i The buffer width is a minimum of 30 foot wide and,
ii Existing and proposed vegetation is a minimum 50% opaque.
d. Berms
i A maximin of a 1 on 4 side slope facing the residential use or zoning district with
a nfinimum of an 8' wide top.
ii The minimum quantity of plant material shall be calculated as follows:
(a) 1 large tree per 30 linear foot, plus
(b) 2 small trees per 30 linear foot, plus
(c) 10 shrubs per 30 linear foot
B. Screening. Other screening and buffering shall be provided as follows:
13- 15 I
1. Refuse Container Screen. Refuse containers or disposal areas shall be screened from view
by placement of a solid wood fence or masonry wall as tall as the refuse containers, but no
less than 5 feet in height. All refuse materials shall be contained within the refuse area.
2. Service Corridor Screen. When adjacent to residential uses, commercial and industrial
service corridors shall be screened. Siting and dedgn of such service areas shall reduce the
adverse effects of noise, odor and visual clutter upon adjacent residential uses.
3. Mechanical Equipment Screen. All mechanical equipment shall be screened from any
public right-of-way or adjacent to residential use or zoning district.
4. Outdoor Storage. All outside storage shall comply with the provisions of Section 35.12.7.
C. Exceptions to Buffeting and Screening Requirements.
The buffeting and screening requirements may be waived by the Director subject to the following
provisions:
1. Prescribed fences or walls may be waived if a building, fence, or wall of at least equivalent
height, opacity, and maintenance exists immediately abutting and on the opposite side of the
lot line.
2. Proscribed buffers may be waived where the design of the site is in conjunction with a
master planned development or within a mixed use district.
35.13.9 Fence Requirements.
Ali fences are subject to the following requirements and must meet the standards contained in the Site
Design Criteria Manual.
A. Height.
1. In any required front yard, provided they do not exceed three and one-half (3 1/2) feet in
height.
B. Subdivision Perimeter Fences/Walls Standards.
2. Along any right of way, excepting local streets and alleys
a. Wails shall be made of any combination of wrought iron, masomy, stone or decorative
concrete panels.
b. Decorative stone, masomy or stucco pilasters are required at a mirfimum of 50' on
c. The use of a cap is strongly encouraged with other design elements to modulate the top
of the wall.
3. Along the right-of-way of a Local Street
a. Walls shall be made of any comlgmarion of wrought iron, and wood. If wood is used it
shall be constructed with steel posts and a decorative cap with the good aide out.
b. Decorative stone, masonry, wood or stucco pilasters are required at a minimum 50' on
C. Constrmction.
4. Perimeter fences located within 50' of a public or private right-of-way, excluding local streets
or alleys, shall be constructed of masonry material.
5. The framework for newly consmacted fences and walls shall face toward the builder's
property, except where fences are jffmfly constructed.
6. Fences shall not lean at an angle from the vertical plane any greater than five (5%) percent.
13- 16 I
7. The use of barbed wire, razor wire or electrified wire in a fence construction is prohibited,
except for permitted agricultural and industrial uses.
D. Vision Clearance Area. A vision clearance area shall be provided at mtarsections which meets
the standards contained hi the Transportation Criteria Manual.
35. f3. fO Access, Parking and Circulation Requirements.
A. External to the Development.
1. Vehicular access.
a. Access Management. All development shall provide access that complies with Access
Management principals of location, spacing and sharing of curb cuts. All developments
shall provide adequate stacking distance for all entrances.
b. Connectivity. All non-residential development, excluding industrial shall provide
access to adjoining properties or developments.
2. Pedestrian access. All developments shall provide pedestrian access by linking to any
adjacent sidewalk(s), multi-use path(s), or public transportation stop.
3. Transit Amenities. Transit amenities, bus shelters, and pullouts shall be provided as
required under Subchapter 20 Transportation.
B. Internal to the Development.
1. Vehicular circulation.
a. Intemai circulation shall be well defined by use of end caps and landscaped areas.
b. Cross Access. Prior to division of property, circulation and access standards shall be
applied and, if necessary, cross easements shall be required so that access to all
properties created by the subdivision can be made from shared curb cuts.
c. parking lots with 100 spaces or more shall be divided into separate areas and divided by
landscaped areas or walkways at least 10 feet in width, or by a building or group of
buildings.
d. Permeable paving is required for those parking spaces that exceed the number of
parking spaces required.
2. Pedestrian circulation.
a. Parking lots with 100 spaces or more shall provide adequate pedestrian circulation
within the site. Pedestrian walkways shall be directly linked to entrances and the internal
circulation of the building(s).
b. A raised walkway, of a minimum unobstmctive width of 5', shall be installed through
parking areas for Large Scale Developments as defined in Secdon 35.13.13.6 of this
code.
C. Parldng Lot Landscaping and Screening Standards. All parking lots, which for purposes of
this section, include areas of vehicle maneuvering, parking, and loading, shall be landscaped and
screened as follows:
1. Landscape Standards.
a. A mirdmum of 7% of the total parking area shall be landscaped.
b. A minimum of 15% of the required parking shall be covered by tree canopy.
c. The tree species shall be an appropriate shade tree and shall be selected from the Tree
I~st in the Site Design Criteria Manual.
13- 17 I
d. The landscaped and end cap areas shall be planted with trees, shrubs or groundcover.
Landscaped areas should be evenly distributed throughout the parking area and parking
perimeter.
Screening at Right of Way. Any comlgmation of the following may be used. These
reqtdmments are in addition to the street tree requirements:
a. A 3 foot kigh wall made of any comlgmation of wrought iron, masonry, stone or
decorative concrete panels.
b. A rain/mum 10 foot wide landscape area planted with one large tree for every 40 linear
feet.
35. f 3.1 f Drive-through Use Requirements.
Any establishment in a pedestrian district wkich has a drive-through use is subject to the following
conditions:
A. Drive-d~rough uses shall provide sufficient stacking area to ensure that public rights-of-way are
not obstructed.
B. Drive-through uses must be built as an integral architectural element of the primary structure and
use. The materials are the same as those used in the primary structure. Drive-through structures
and facilities separate from the primary structo~e are prohibited.
C. Drive-through uses must be located to the rear or side of the structure, and buffered on the rear
and side lot lines as required in section 35.13.10.
35. ~3.12 Light and Glare Performance Requirements.
All lighting within developments other than ffmgle family, shall meet the following standards:
A. I~ght may not measure more than one half-foot candle of illumination at the property line.
B. Lights shall have shields installed to prevent the upward diffusion of light.
C. Areas designated for pedestrian use shall provide a minimum of one-foot candle of illumination.
35. ~3. ~3 Site Development Requirements.
35.13.13.1 Residential Buildings
Any residential building that is built on a lot of less than 10,000 square feet or contains two or more
dwelling units shall comply with the following standards:
A. Buildings shall utilize at least three of the following design features to provide visual relief along
the front of the re£1dence:
1. Dormers.
2. Gables.
3. Recessed entries, a minimum of three feet (3') deep.
4. Covered front porches.
5. Cupolas.
6. Architectural IYfllars or Posts.
7. Bay window, a minimum 24" projection.
B. The garage door shall not occupy 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
13- 18 I
extend beyond the house front. Front facing garages that are at least 30 feet behind the house
front may exceed the 40% frontage mum.
The same elevation may not be used within any ten lot groupings as depicted below:.
E. Duplex bu/ldings shall be designed m appear as a imgle mt.
F. All wails, except gabled roof areas, which face a street other than an alley must contain at least
25% of the wall space in windows or doors.
G. Primary entrances shall face the public street and sidewalk.
H. Windows shall be provided with trim or shall be recessed. Windows shall not be flush with
exterior wall treatment. Windows shall be provided with an architectural surround at the jamb.
I. Exterior finishes shall be of wood, masonry, stone, stucco, HDO board or other high quality
material customarily used for the building style.
J. At least 50% of the front yard frontage shall have buildings within the maximum front yard
setback.
I<2 Five percent of the land area that is non-constrained open space will be designed into a green,
plaza, or a combination of plarmed open space oriented to the neighborhood.
35.13.13.2 Multiple Unit Residential Buildings.
Any residential buildings designed for multiple units, either for rental or condominium ownership and
thehr 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 30 feet of the front
property line.
b. Buildings that are located within 30 feet of property line adjacent to a front yard shall
o
have at least 25 ~/0 of the wall facing the street in window or door areas.
c. purlring areas shall not be located between buildings and the street. Parking lots may be
located on the sides and behind the buildings.
2. A project greater than 3 acres must contain a public or private street system that creates
blocks of three acres or less. Private Streets shall be required to include sidewalks of at least
5 feet, 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 bu/ldings in a project. A variety of compatible exterior materials' use
and type, building styles, mas~mg, composition, and prominent architectural features, such as
door and window openings, porches, rooflines, shall be used.
13- 19 I
B. Building Mater/als.
1. W'mdows shall be provided with trim. Windows shall not be flush with exterior wall
treatment. Windows shall be provided with an architectural surround at the jamb.
2. Fronts and street sides of buildings visible from the public right of way shall be of wood,
masonry, stone, decorative block, stucco, or HDO board or other high quality material
customarily used for the building style.
3. Glass. Use of glass for displays and to allow visual access to interior space is permitted.
Large expanses of unbroken glass surfaces are discouraged.
4-. Metal Roofs. Metal roofs are permitted provided that they are of architectural quality.
B. Open Space.
1. An area equal to at least 8% of the lot area, excepting required setbacks, shall be dedicated to
open space for recreation for use by the tenants of the development. Mixed-use
developments of greater than 35 units per acre shall be exempt from this requirement.
2. Areas covered by shrubs, bark mulch and other ground covers which do not provide a
suitable surface for hmnan use may not be counted toward this requirement.
3. Private decks, patios, and similar areas are eligible for up to 5 percent of the 8 percent
required open space.
4. Play areas for children should be provided for projects of greater than 50 units that are not
designed as age limited or student hou(mg.
35.13.13.3 Multi Family Development~ in a Pedestrian District.
Multi-Family developments within Pedestrian Areas shall, in addition to complying to the basic Site Design
Standards for Multi-Family buildings, confom~ to the following standards:
A. Orientation.
1. At least 75% of die front yard frontage shall have buildings within the maximum setback.
2. Buildings that are located xvitkin 30 feet of property line adiacent to a front yard shall have at
least 40% of the ground story wall facing the street in window or door areas.
3. Parking areas shall not be located between buildings and the street.
4. Buildings shall be directly accessed from the street and the sidewalk.
5. A minimum of one ground floor pedestrian entrance must be oriented toward the street and
include a porch.
6. 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 mum.
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. Architectural Features. 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.
9. Height and Bulk. Adjacent buildings shall have different elevations.
10. The top floor of any building rising over four stories must contain a distinctive finish,
consisting of a cornice, banding or other arch/tectural termination.
!3-20
35.13.13.4 Nonresidential and Mixed Use Buildings.
Non-residential buildings or mixed-use buildings and their lots (Those that combine non-residential and
residential uses) not in a pedestrian oriented district and their lots shall comply with the following
standards.
A. These standards do not apply to uses in the industrial uses where the building or structure is
located:
1. Adjacent to a local or collector street.
2. Adjacent to a Secondary Arterial, the building may have a maximum fifty percent (50%)
metal fagade.
3. In excess of 250 feet of the ultimate right-of-way of an arterial or interstate roadway.
4. Behind another building or structure that screens the building or structure from the adjacent
arterial or interstate roadway.
B. Orientation.
1. Building frontages greater than 100 feet in length shall have offsets, jogs, or other distinctive
changes in the building fagade.
2. Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings as a design
element of the fagade. The planting of trees may be used in place of these architectural
features.
3. The primary entrance of a building or store shall have a clearly defined, highly visible
customer entrance with distinguishing features such as a canopy, portico or other prominent
element of the architectural design.
4. Buildings shall have their primaxy orientation toward the street rather than the parking area.
5. Buildings that a~e within 30 feet of the street shall have an entrance for pedestrians from the
street to the building interior.
6. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible
from the street.
7. Loading docks are not perm/tted to be visible from the street, and may not be accessed
clirecfly from the street.
8. porki,g areas shall be located behind buildings or on one or both sides, except along the
interstate where a mimmum fifteen foot (15') additional landscape area will be reqmred along
parking areas in front ora building.
9. These requirements may be waived by the Dkector if the building is not accessed by
pedestrians, such as warehouses and industrial buildings without attached offices,
automotive service uses such as gasoline sales and automobile sales or the development is on
an infill site.
B. Building Materials.
1. Windows shall be provided with trim. XYAndows shall not be flush with exterior wall
treatment. Windows shall be provided with an architectural surround at the jamb.
2. Fronts and street sides of buildings visible from the public right of way shall be non-
reflective and shall be of wood, masomy, stone, decorative block, stucco, HDO board or
other high quality matedal customarily used for the building style.
3. Glass. Use of glass for displays and to allow visual access to interior space is permitted.
Buildings may not incorporate glass for more than 70% of the building skin.
4. Metal Roofs. Metal roofs are permitted provided that they are of architectural quality.
13 ~ 21 I
35.13.13.5 Nonresidential and Mixed Use Buildings in a Pedestrian Oriented District.
Design standards non-residenrial buildings or mixed-use buildings 0~hose that combine non-residential
end residential uses) in a pedestaien oriented district and their lots.
A. OtSentation.
1. Buildings shall have their primat~ orientation toward the street rather then the p~rlring area.
The primary entrance must be readily apparent as a prominent architectural component and
visible from the street.
2. Any ground floor wall wkich is within 30 feet of the main street, plaza or other public open
space shall contain at least 50% of the wall area facing the street in display areas, windows,
or doorways. Windows must allow views into working areas or lobl~aes, pedestfien eentrences
or display areas. Walls facing side streets must contain at least 25% of the wall space in
windows, display areas, or doors. Blank walls within 30 feet of the street are prohihited. Up
to 40% of the length of the building perimeter can be exempted from this stendard if
oriented toward loading or service a~ea
3. At least 60% of the street frontage shall have buildings within 10 feet of the front property
line.
4. Trash storage areas, mechanical equipment, end similar areas are not permitted to be visible
from the street, or and are not permitted between the building and the street.
5. Buildings that are open to the public and are wittfin 30 feet of the street shall have en
entrance for pedestriens from the street to the building interior. This entrance shall be
designed to be attractive end functional, be a distinctive and prominent element of the
architectural design, and shall be open to the public dutmg all business hours.
6. Developments shall have a mimmum Floor Area Ratio of 0.4. Plazas and pedestrian areas
shall count as floor area for the purpose of meethag the minimum floor area ratio.
7. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis
8. The top floor of any building rising over four stories will be contain a distinctive finish,
consisting of a cornice or other architectural termination.
9. Building Scale. Balconies may proiect over the public right of way, subiect to an
encroachment agreement issued by the City.
10. Parking areas shall be located behind buildings or on one or both sides.
B. Building Materials.
1. W'mdows shall be provided with trim. Windows shall not be flush with exterior wall
treatment. Windows shall be prov/ded with an architectural surround at the jamb.
2. Fronts end street sides of buildings visible from the public right of way shall be non-
reflective end shall be of wood, masomT, stone, decorative block, stucco, HDO board or
other high quality material customarily used for the building style.
3. Glass. Use of glass for displays and to allow visual access to interior space is permitted.
Buildings may not incorporate glass for inure than 70 ~/0 of the building skin.
4. Metal Roofs. Metal roofs are permitted provided that they ~re of architectural quality.
5. Buildings shall include changes in relief such as columns, cornices, bases, fenestration, and
fluted masonry, for at least 15% of the exterior wall area.
B. Streetscape.
1. Hardscape (paving material) shall be utilized to designate "people" axeas. Sample materials
could be pavers, scored and colored concrete, grasscrete, or comtgmafions of the above.
13-22 I
2. A building shall be setback not more than 15 feet from the fight-of-way unless the area is
used for pedestrian activities such as plazas or outside eating areas.
3. Outdoor storage areas shall be screened from view from adjacent public fights-of-way.
Loading facilities shall be screened and buffered when adjacent to residentially zoned land
and public streets.
35.13.13.6 Large Scale Development Regulations.
Developments involving a gross floor area in excess of 40,000 square feet and located in a Neighborhood,
Community or Regional Mixed Use Center Districts, or in the Downtown University Core District shall,
comply with the basic Site Design Standards and conform to the following standards:
Standards and Guidelines: Standards and guidelines set out below require a basic level of arckitectural
variety, compatible scale, and mitigation of negative impacts. "Guidelines" are not mandatory, but are
provided in order to educate planners, de£tgn consultants, developers and City staff about design
objectives. "Standards" are mandatory.
A. Orientation.
1. Architectural features:
a. Guidelines: Facades should be articulated to reduce the massive scale and the tmiform,
impersonal appearances of large retail building and provide visual interest.
b. Standards: Architectural features on building facades that are visible from adjoining
properties and/or public street (excluding facades residential property that are screen by
an eight-foot masonry wall and facades facing the side or rear of property zoned and
used for commercial purposes or industrial purposes) shall address the visual impact of
long uninterrupted walls by providing a minimum of three of the following elements.
No uninterrupted length of any facade shall exceed 100 feet. See illustrations of
architectural features in the Site Design Criteria Manual.
Variation in color and materials;
ii Wall plane proiections or recesses having a depth of at least 3% of the length of the
fagade and extending at least 20 % of the length of the facade, not to exceed 100
feet;
iii Variation of a minimum of two feet in the height of parapets. Variation to parapet
height may include pilasters and proiected raised entrance features;
iv Pilasters projecting from the plane of the wall by a minimum of 16 inches. The use
of pilasters to interrupt horizontal patterns such as accent banding is encou~agas;
v Canopies proiectmg a mi,imum of 10 feet from the plane of the primary fagade
walls; and
vi Repetitive ornamentation including decorative applied features such as wall-
mounted light fixtures or applied materials. Repetitive ornamentation shall be
located with a maXtmum spacing of 50 feet.
2. Sidewalk display and cart 'storage. "Sidewalk" display is a term commonly used in the
retail industry to describe display areas along the front ora building. Nothing herein permits
storage, display or sale of any item on property that has been dedicated for public use.
Sidewalk display and cart storage in the sidewaik display area are prohil~ated:
a. Areas for customer loading of merchandise shall be clearly delineated and shall not be
located in front of any customer entrances or exit door(s) or within 15 feet on either
side of the door(s).
b. This section does not prohil~tt storage of carts in the parking lot, but merely regulates
storage of carts in the sidewalk display area.
13- 23 [
3. Permanent outdoor display, sales and storage. Merchandise may be stored or displayed
for sale to customers on the front or side of the building in accordance with this paragraph.
a. The total square footage of all permanent outdoor storage, display and sales areas shall
be limited to 10% of the footprint of the building, but in no event shall exceed 15,000
square feet.
b. Permanent outdoor storage, disphy and sales shall be contiguous to the building and
shall not be permitted within 100 feet of residential property.
c. The permanent storage, display and sales area shall be enclosed by a mum eight-
foot wall of like appearance to the building topped by wrought iron or tubular steel
fencing. No merchandise other than t~ees shall be visible above the wall or fence.
4. Seasonal outdoor display and sales. Christmas trees may be disphyed for sale from
November 15 to December 31. In additon, bedding plants, trees, shrubs, potting soil and
bagged yard products including without limitation bark, mulch, peat moss and play sand may
be displayed from March 15 to June 15. Fertilizer or other chemical products shall not be
stored or displayed outdoors. The seasonal outdoor sales area shall be limited to 5% of the
footprint of the building but in no event shall exceed 6,000 square feet. No merchandise
may exceed five feet in height, except Christmas trees.
5. Rear storage. Bulk merchandise may be stored behind the building. The sides and back of
the storage area shall be screened with a chain link fence covered with windscreen, except
for any side or back that is separated from any residential property by an eight-foot masonry
wall and landscaped bufferyard. Windscreen shall be maintained in good repair and free of
tears. The rear storage area shall not be accessible to customers. Merchandise shall be
stacked no kigher than 25-feet or level with the top of the adjacent side wall of the building,
wkichever is lower, and may not be stacked above the height of the chain link fence.
6. Wall and landscaped bufferyard. An eightffoot masonry wall of brick, stone, split block
or concrete cast to ~Lmulated such materials shall be constructed along the common
boundary line of the adjacent residential property, or as close as practicable in the event of
intervening alleys, easements and drainage channels. If the large retail store properly and
residential property are separated by intervening property under separate ownership that is
less than 20 feet wide, a wall shall be constructed along the property line of the large retail
store facing the residential property.
7. Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of
merchandise, equipment or other items may not occur within 100 feet of residential
property. Loading docks must be located to the side or rear of the building unless the
loading area is completely screened from the street, and loading docks shall be located more
than 100 feet from residential property.
8. Trash Collection and Compaction. Trash collection and compaction may not occu~
within 100 feet of reffadential property and shall be screened from public view.
9. Mechanical equipment. No mechanical equipment may be located within 100 feet of
residential property. Mechmical equipment shall be screened from public view.
B. Buildings Materials.
1. Guidelines: Exterior building materials and colors comprise a significant part of the visual
impact of a building. Therefore, they should be aesthetically pleasing and compatible with
materials and colors used in the surrounding area.
2. Standards:
3. Materials. Fronts and street sides of buildings visible from the public fight of way shall be
non-reflective and shall be of wood, masonry, stone, decorative block, stucco, lIDO board
or other high quality material customarily used for the building style.
C. Stteetscape.
13-24 I
Public Spaces.
a. One square foot of plaza or public space shall be required for every 10 square feet of
gross ground floor area.
Plazas ot public spaces shall incorporate at least 3 of the 5 following elements:
SiRing space - at least one sitting space for each 250 square feet shall be included in
the plaza. Seating shall be a minimum of 16 inches in height and 30 inches in
width. Ledge benches shall have a minimum depth of 30 inches.
ii A mixture of areas that provide shade.
iii Trees in proportion to the space at a minimum of I tree per 800 square feet.
iv Water features or public art.
v Outdoor eating areas or food vendors.
13 ~ 25 I
Exhibit C
Subchapter 23 - Definitions
Sections:
35.23.1 General.
35.23.2 Definitions and Terms.
35.23,1 General.
For the purpose of this Chapter, certain words and terms shall be defined and interpreted as follows.
Interpretations of meaning shall be made by the Director of Planning and Development based on the
provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of
Adjustment Procedure.
35.23.2 Definitions and Terms.
Acceleration/Deceleration Lane: One or more paved traffic lanes traversing the frontage ora property
for the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes.
Accepted for Filing: The status of an application following submission and acceptance as complete by
the Ef~rector of all application materials, documents, and fees, and required signatures required 'by this
Chapter.
Access Ramp: A route to provide entry for vehicles and machinery into a drainage system.
Access Road: A route parallel to and at the top of the bank or channel to allow maintenance access of
channels from the top.
Accessory Building or Structure: A structure on the same lot with, and ora size and nature customarily
incidental and subordinate to, the principal structure. Examples of accessory structures include, but are
not limited to, the following: detached garages and/or carports; storage structures and/or barns;
freestanding greenhouses; swimming pools and pool houses; tennis courts; satellite dish antennas;
freestanding workshops; gazebos; radio and/or TV antenna structures not attached to the principal
structure; paved areas other than driveways and walkways; and perimeter fencing and/or walls.
Accessory Use: A use incidental or secondary to the principal use of a lot, building or structure and
located on the same lot as the principal use.
Acxeage, Net: The gross acreage of a parcel excluding any floodway.
Acreage, Gross: The acreage included within the boundary line of a particular property, including all
property legally held by the owner, unless said property has dedicated right-of-way previous to
development to the City, county, state or federal entity.
Addition: Lots, tracts or parcels of land lying within the corporate boundaries of the City which is
intended for the purpose of development.
Administrative or Research Facilities: A facility used for the management of an enterprise or research
and development activities such as improving tecfinolog/es, developing products and scientific research.
Adult Arcade: Any place to which the public is permitted or invited wherein ct;m-operated or slug-
operated or electronically, electrically, or mechanically controlled still or motion picture machines,
projectors, or other image-producing devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas."
Adult Bookstore/Adult Video Store:
A. A commercial establishment which as one of its principal business purposes offers for sale or
rental for any form of con~deration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photo-graphs, films, motion
pictures, video cassettes or video reproductions, slides, or other visual representafions
distinguished or characterized by an emphasis on matter depicting, descrit~mg or relating to
"specified sexual activities" or "specified anatomical areas': or
2. Instruments, devices, or paraphernalia which are designed for use in connection with
"specified sexual activities".
B. For the purpose of this definition, a commercial establishment shall be considered to have as
"one of its principal bu(mess purposes" the sale or rental of the materials described in (A) above,
iff
1. The establishment makes use of a sign visible from any public street, whether located on or
off the property of the establishment, advertising the availat~dity at the establishment of any
materials described in (A);
2. The establishment devotes more than thirty percent (30%) of its total floor area which is
open to the public to the display of items for sale or rental that are materials described in
(A);
3. More than thirty percent (30%) of the total number of items displayed for sale or rental by
the establishment are materials described in (A); or
4. The establishment regularly maintains on the property for sale or rental materials described
in (A) whole total retail value is more than fifty percent (50%) of the total retail value of all
materials kept on the premises for sale or rental.
Adult Cabaret: A nightclub, bar, restaurant, or £mrilar commercial establishment which regularly features:
A. Persons who appear in a state of nudity; or
B. Live performances which are distinguished or characterized by an emphasis on "specified sexual
activities" or the exposure of "specified anatomical areas"; or
C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are
distinguished or characterized by an emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatorrfical areas."
Adult Motel: A hotel, motel, or similar commercial establishmant which:
A. Offers accommodations to the public for any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other
photographic reproductions which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas";
and has a sign visible from the public right-of-way which advertises the availability of this adult
type of photographic reproductions; or
B. Offers a sleeping room for tent for a period of time that is less than 10 hours; or
C. Allows a tenant or occupant of a sleet~mg room to sub-rent the room for a period of time that is
less than 10 hours.
Adult Motion Picture Theater: A commercial establishment where, for any roma of consideration,
film~, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown
which are distinguished or characterized by an emphasis on matter depicting, descril~mg or relating to
"specified sexual activities" or "specified anatomical areas."
Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly
featttres persons who appear in a state of nudity or live performances which are distinguished or
characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical
Agricultural Activity: Land used exclusively as a bonafide agricultural operation by the owner or tenant.
The use of land for agrculmral purposes including farrrfing, horticulture, an/mai and poult~ husbandry,
and the necessary accessury uses, provided that the operation of the accessmy use is clearly incidental to
the agricultural activity. An accessory use shall include incidental sales by the producer of products raised
on the farm.
Airspace Obstruction: Any structure, tree, land mass, or use of lend which penetrates a transitional,
horizontal, or conical surface of en airport, airport approach, or airport overlay as defined by tiffs Chapter
end/or regulations of the Federal Aviation Administration.
Alley: A public way which affords a secondary meens of access to abutting property and which is not
intended for general travel or circulation.
Antenna, Directional: Any antenna which incorporates a reflective surface that is designed to trensmit
or receive microwave signals from terrestrial or othitally based uses.
Apamnent, Studio or Efficiency: One room which is deCtgned or intended for occupancy by, or which
is occupied by, one family doing its cooking therein or by one or more related persons doing their or their
own cooking therein. For zoning purposes, a studio or efficiency apartment shall be regarded as a dwelling
unit and a structure containing three or more such apartments shall be regarded as a multiple dwelling.
Arcade: Any commercial building in which there are more then three amusement game machines on the
premises which are available to the public. An arcade may contakn commercial recreational machines or
games other than amusement game machines. Arcades are restticted in use between the hours of 10 A.M.
and 10 P.M. Sunday through Thursday and 10 A.M. and 12 P.M. Friday through Saturday and are further
restricted from serving alcoholic beverages, except in the case where the use is primarily for adults and all
minors are accompanied by en adult.
Architectural Element: Authentic architectural projections and details.
Architectural Projection: Eaves, decorative extensions, bay windows having no floor space, or other
portions of a structure having no living space nor key structural value.
Assisted Living Facility: An establishment that:
A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated
to the proprietor of the establishment; and
B. Provides personal care services.
Attached Single-family: See "Dwelling, Single-family Attached."
Automobile and RV Sales: A structure and/or lot dedicated to the retail sale of new or used motor
vehicles.
Automotive Wrecking and Salvage Yard: A business that stores three or more wrecked vehicles
outdoors for the purpose of selling the vehicles whole; or dismantling or otherwise wrecking the vehicles
to remove parts for sale or for use in en automotive repair or rebuilding business.
Backhaul Provider: the owner of a wire network (i.e. the cable, electric, or telephone company) utilized in
connecting the various cell sites to telephone switching offices, long distance providers or the public
switched telephone network.
Bakery: A place for baking or selling baked goods.
Base Density: The density allowed in the parent zoning district per gross acre.
Base Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year
based on a fully developed watershed. Also known as the one hundred-year flood.
Basement: A building story partially or completely underground. A basement shM1 be counted as a story
in computing building height where any portion of a basement has more than one-half of its height above
grade.
Basic Utilities: Infrastructure services and the structures necessary' to provide those services including
electricity, natural gas, telephone, telecommunications, water, or sewer.
Bed and Breakfast Facilities: A detached dwelling in wkich rooms are rented and meals may be served
to transient guests on an overnight basis.
Bedroom: Any room other than a living room, family room, dix~g room, kitchen, bathroom, dosets, ur
utility zoom, for the purpose of this Code, shall be considered a bedroom. Dens, studies, etc. with or
without closets and similax areas, which may be used as bedrooms shall be counted as bedrooms for the
purposes of this Chapter.
Block: The land sutxounded by streets and other fight-of-way other than an alley, or land which is
designated as a block on any recorded subdivision map.
Board of Adjusmaent/Bourd: The Board of Adjustmant of the City of Dentun, Texas.
Boarding or Roominghouse: A dwelling in which meals and lodging or just lodging are furnished for
compensation to more than four but fewer than 20 persons. Provision for meals may be made, provided
cooking is done in a central kitchen and not in individual rooms or suites.
Broadcasting ur Production Studios: A structure de~tgned for making and transmitting programs for
radio or television or for the production/editing of films, videos, commercials, etc.
Buildable Area: The portion of a lot remaining and available for construction of a structure or related
facilities after requi~ed yards and buffers have bean provided. Buildable area cannot contain any setback
areas, easements, and ffmailar building restrictions, and cannot contain any land that is identified as
Floodplain Areas, or Environmentally Sensitive &teas, except as othewise provided in this Chapter.
Building: Any pemaanent structure deff~gned, used, or intended to be used for human occupancy or use
o~ to support the human occupancy oz use of land, including manufactured homes.
Building Envelope: An area within the property boundaries of a lot or space within which a permitted
structure can be placed.
Building Line: A line established beyond which no part of a building shall project, except as otherwise
provided in tl~s Chapter.
Building Official: The official appointed by the EC~rector of planning and Development and charged
with the enforcement of this Chapter and responsibility of approving building pemfits and certificates of
occupancy.
Building Permit: A document signed by the Building Official or theJx authorized representative as a
condition precedent to the commencement of a use or the erection, consLnaction, reconstruction,
restoration, repair, remodeling, rehalgflitation, alteration, conver~aon, demolition, moving, installment, or
portion of a structure or building, winch acknowledges that such use or building complies with the
provisions of this Chapter or an authorized variance or Specific Use Permit there from.
Building, Principle: A building in winch the primary use of the lot on which the building is located is
conducted.
Business or Trade School: A secondary school offering instruction in a professional, vocational, or
technical field.
Business Sign: An identification sign containing the name of the bu~mess or other accessory infomaafion
located on the same premises.
Caliper: A hurficnltuzal method of measuring the diameter of nursery stock grown for the purpose of
planting in another location. For trees less than four inches in diameter, the measurement is taken at slx
inches above ground level. For trees four inches in diameter and up to and including twelve inches in
diameter, the caliper measurement is taken twelve inches above ground level. For trees greater than twelve
inches in diameter, the trank is measured at breast height (DBH).
Caretaker Quarters: A dwelling umt which houses an individual or family who is employed by the
primary user of the property to guard and protect the property and structure(s) from fire, vandalism, theft,
etc. Such structure is not to be used for dwelling purposes other dian as a caretaker unit.
Carport: A partially enclosed structure used for the housing of motor vehicles, the property of, and for
use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a
carport attached to a principal structure shall be regarded as part of that principal structure and not as an
accessory structttte. A detached carport shall be dassified as an accessory structure.
Cettiilcate of Occupancy: Cerfficate issued by the Building Official for the use of a building, structure
or land, when it is determined by the Building Official that the building, stmctoxe or proposed land use
complies with the provisions of all applicable Codes of the City of Denton.
Channel: Aa open conduit ia which water flows with a free surface.
Child-Care Facility: A facility licensed, certified, ur registered by the State of Texas to provide
assessment, care, traJrfing, education, custody, treatment, or supervision for a clfild who is not related by
blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day,
whether or not the facility is operated for profit or charges for the services it offers. The following are
child-care facilities:
A. "Child-care institution" means a child-care facility that provides care for more than 12 children
for 24 hours a day, including facilities known as children's homes, halfway houses, residential
treatment centers, emergency shelters, and therapeutic camps.
B. "Foster group home" means a child-care facility that provides care for 7 to 12 children for 24
hours a day.
C. "Foster home" means a child-care facility that provides care for not more than six children for
24 hours a day.
D. "Day-care center" means a child-care facility that provides care for more than 12 children under
14 years of age for less than 24 hours a day.
E. "Group day-care home" means a child-care facility that provides care for 7 to 12 children under
14 years of age for less than 24 hours a day.
F. "Family home" means a home that provides regular care ia the caretaker's own residence for not
more than slx children under 14 years of age, excluding children who are related to the caretaker,
and that provides care after school hours for not more than six additional elementary school
children, but the total number of children, including children who are related to the caretaker,
does not exceed 12 at any given time. The term does not include a home that provides care
exclusively for any number of children who are related to the caretaker.
Church: A structure owned and/ur used by a religious organization or congregation and providing
regular urgamzed religious worship, religious training, or education of it members; rectory or convent;
meeting hall, offices for administration of the institution; and, excluding buildings used exclusively for
private education or school, domaitories for students, recreation associated with a school, day care
facilities, arenas or production studios. A house of worship may include the following accessory use ia
addition to the principal structure: dwelling units for religious orgamzation personnel located within an
accessory structure(s).
City: The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction.
City Council: The City Council of the City of Denton, Texas.
City Facility: A public service or facility provided, owned and controlled by the City.
Clear Cutting: The removal of ali of flae trees or a si_tmificant maiority of file trees xvitltin an area.
Clearing: An intentional act to cut down, remove all or a substantial part of, or damage a tree or other
vegetation, that will cause the tree or other vegetation to decline or die. Cleating includes, but is not
limited to: chemical, physical, compaction, or grading damage to trees and vegetation.
Clearing and Grading, Limits of: The boundaries of that area of land identified ia the clearing and
grading plan, site plan or landscape plan subject to soil disturbance, clearing of trees and other vegetation
in conjunction with a proposed development or land use.
Cluster Subdivision/Development: A grouping of individual building lots or sites in close proximity,
each of which or the majority of which has less land than requited for isolated individual lots, with the
additional areas being devoted to open space, conservation area, recreation space, parking spaces and
access facilities, ia addition to required yards.
Chistering: The concentrating of units or floor area ratio ia the buildable area(s).
College or University: An institution of higher learning providing facilities for teaching and research and
authorized to gnmt academic degrees.
Commercial Incinerator: Establishments primarily engaged in the collection and disposal of refuse by
processing or destruction for profit. Examples would be furnaces or similar devices for the burning to ash
of trash or bodies.
Commercial Parking Lots: An area devoted to the standing, maneuvering, and circulation of motor
vehicles in commercial areas.
Commission: The Planning and Zoding Commission of the City of Denton, Texas.
Committee: The Development Review Committee (DRC).
Common Access Route/Internal Street: Private drive allowing principal means of access to individual
HUD-Code Manufactured Home Park lots or auxiliary buildings.
Community Center: A building used as a place of meeting, recreation, or social activity and not operated
for profit and which neither alcoholic beverages or meals are normally dispensed or consumed, and
typically for use by the residents of a particular development or the community.
Community Home for Disabled Persons: A community-based residential home containing not more
than 6 disabled persons with 2 supervisory personnel which meets the requirements of the Community
Homes for the Disabled Persons Location Act, Tex. Hum. Res. Code Chapter 123.001, et seq. (Vernon
1990), as amended.
Community Sexvice: A structure or group of structures for a community's govemmental, social,
educational, md/ur recreational activities. Community Service facilities include federal, state, county, and
local government activities.
Comprehensive Plan: The Denton Plan, the Comprehensive Plan of the City of Denton, Texas as
adopted by the City Council. The Comprehensive Plan shall consist of a Land Use Plan, a Mobility Plan, a
Water System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Parks and Recxeafinn Plan, and such
other plans as may be adopted by the City.
Condomlni~lm: A type of ownership of attached or detached dweIlmg units, offices, or other space
within a structure, as defined by the provision of Tire 7, Chapter 82 Uniform Condom/mm Act of the
Texas Property Code in which each unit is independently owned and financed by the occupant but in
which all lands are commonly owned.
Conduit: Any open or dosed device for conveying flowing water.
Conservation Easement: A nonpossessory interest held by a governmental body empowered to hold an
interest in real property under the laws of this state or the United States; other qualified entity, pursuant to
Section 1700a) of the Internal Revenue Code, as amended; or a charitable corporation, charitable
association, or charitable trust in real property that imposes 1[mitafions or affirmative obligations designed
to:
A. Retain or protect natural, scenic, or open-space values of real property or assure its availability for
agricultural, forest, recreational, or open-space use;
B. Protect natural resources;
C. Maintain or enhance ak or water quality; or
D. Preserve the histofinal, architectural, archeological, or cultural aspects of real property.
Construction Materials Sales: A business involved in the sale of structure supplies and services
including lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc.
Conveyance Plat: An interim plat recurdmg the subdivision of property or defining a remainder of
property created by the approval of a final plat for sole purpose of conveying land and not for
development for a portion of property, where approval of final development plans is not sought.
Copy Center: A facility for the custom reproduction of written or graphic materials for individuals of
businesses. Typical processes include, but are not limited to, photocopying, small offset printing,
blueprint, and facsimile sending and receiving.
Comer Lot: See "Lot, Comer."
Coverage, Lot or Site: Total area of all structures, paved driveways, or other soil disturbances that will
not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to
the total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage.
Criteria Manual: A manual pertaiding to the technical and design requirements of this Chapter.
Critical Root Zone (CRZ): The area of undisturbed natural sull around a tree dethaed by a concentric
circle with a racll~ equal to the distance from the trunk to the outermost portion of the drip line but not
less than 9ne foot radius for each one inel~ dbh. Czi~cz2 P. zat Zr, r.c:
dbh: Diameter tit breast height (dhh) is the tree mink diameter measured in h~ches at a height of four and
one-h,qf (4 V2) feet above exqsfing ~ound level.
For single-trm~k trees, the width shall be measttmd at four md one-half feet (4 Vh ') above ~otmd
level.
Fo~ muld-trm~k trees, combine the diameter of largest stem or ttm~k with one-half of il~e diameter of
e~ch additional stem or trtmk, all measured at four and one-half feet (4 '/~ ') above _~ound level.
Day Care~ Adult: A facility providing care for the elderly and/or functionally impaired adults in a
protective setting for a portion of a 24-hour day. The facility provides services under an adult day-care
program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who
are not related by blood, marriage, or adoption to the owner of the facility.
Decibel (dB): The physical unit commonly used to measure noise levels; the unit of level such as the
sound pressure level.
Deed Restrictions/Private Covenants: Private stipulations usually pertaining to residential subdivisions
which govern lot size, minimum floor area, uses permitted and, in some instances, architectural design.
These may be stricter than provisions included in this Chapter.
Demolition Bualnes~: A business that demolishes structures, including houses md other buildings, in
order to salvage building materials and that stores those matetials before disposing of them.
Demolition: The dismantling, razing or neglect of all or any part of any structure.
Dense l~.vergteen Foliage: A large quantity of vegetation per trait of area that retains its leaves
throughout the year and of such opacity as to block one's vision through it.
Density: The quantity of an item per unit area; for example, the number of dwelling units per gross area.
Density, Ba~e: The max~num number of dwelling units per gross acreage or the maximum floor area
permitted outright by a particular land-use classification.
Density, (}ross: The total number of dwelling units divided by the total p~oject area acreage, expressed as
gross dwelling units per acre, oz the calculation of which is othenvise defined by this Chapter.
Density, Net: The total number of dwelling units divided by the net project area acreage, expressed as
net dwelling units per acre. In determining net density within the development boundaries, including: all
land area associated with and accesso~ to the dwelling trait, including private and public streets, driveways,
off-street parking, public and private recreational facilities, common open space, utility easements, and
environmentally sensitive areas. Exclusions from net density calculations include: nonresidential
structures and land uses, accessory dwelling units, the floodway and any waters of the U.S. and any other
exclusions as identified by this Chapter.
Department: The Planning and Development Department of the City.
Detention: The storage of stoma runoff for a controlled release during or immediately following the
design storm. Regional detention refers to storage of storm runoff from an enth:e di:alnage area or basin.
Developed Floodplains: Any area defined as a floodplain within the FEMA 100-yea~ floodplain. These
areas have typic~y been channelized or the land within these areas has been graded, filled, or othenvise
disturbed.
Developer: The legal or beneficial owner or owners of a lot or any land proposed to be included in a
proposed development including the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Development: Any man-made change to improved or un~npruved real estate, including but not limited
to, buildings or other structoxes, paving, drainage or utilities. Development activities include: subdivision
of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporaW uses,
utilities, and other facilities; installation of septic systems; grading; excavation, m~ning or d~illing
operations; deposit of refuse, debris, or fill materials; and cleating of natural vegetative cover (with the
exception of agricultural activities as defined and as permitted). Rouime repair and maintenance actixtties
ate exempted.
Development Exaction: Any dedication of land or easements for, construction of, or monetary
contribution toward construction of a public improvement required as a condition of plat approval by the
City.
Development Plan: The plan for the subdivision of any lot, tract or parcel of land that is not to be
recorded of record, but is a proposed division of land for review and study by the City.
Development Plat: A plat reflecting new construction or the enlargement of any exterior dimension of
any buflding, structure, or improvement on property previously final platted or not requited to be platted.
Diameter Breast Height (DBH): The outside diameter of the mink ora tree, measuxed four and one-
half (4 1/2) feet above ground level. If a tree splits into multiple trunks below the 4 1/2 feet level, DBH will
be defined as the stun of each individual trunk measured at 4 1/2 feet above ground level, or the single
trunk at its most narrow dimension, w~chever is greater.
Directional Antenna: Any antenna wkich incorporates a reflective surface that is designed to transmit or
receive microwave signals from terrestrial or orbitally bases uses.
Director of Planning and Development/Director: The person designed to receive and process plats,
site plans, amendments to this Chapter, the zoning map, or the Comprehensive Plan.
Disabled Persons: Persons whose ability to cate for himself, perform manual tasks, learn, work, walk,
see, hear, speak or breathe is substantially limited because the person has:
A. Orthopedic, visual, speech, or G. Multiple sclerosis;
heating impairments; H. Cancer;
B. Alzheimer's disease; I. Heart disease;
C. Pre-senile dementia; J. Diabetes;
D. Cerebral palsy; K. Mental retardation;
E. Epilepsy; L. Autism; or
F. Muscular dystrophy; M. Emotional illness
Disc Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and
is the shape ora shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit or receive
radio or electromagnetic waves between terrestrially or orbitally based uses. This defidition includes, but is
not limited to, satellite earth stations and microwave antennas.
Distribution Center: A use where goods are received and/or stored for delivery to the ultimate customer
at remote locations.
District: An area, region, or section with a distinguishing character, or the regulations governing the
height, area, use and design of the land and buildings.
Disturbed Area: An area of land subjected to erosion due to the removal of vegetative cover and/or
earthmoving activities, induding but not limited to filling.
Dormitory: A structure occupied or designed to be occupied by at least 50 students or residents of a
boarding school, college, un/versity, or similar institution, with sleeping accommodations, common
gathering rooms, and may include group cooking and dining facilities designed to service the entire
residency of the dorm or dormitory complex.
Double Frontage Lot: See "Lot, Double Frontage."
Drainage Area/Basin: The land area upon wkich all rainfall that falls on that area is directed towards or
flows to a given point or stream.
Drainage Facilities/Systems: Physical provisions to accommodate and regulate stormwater runoff to
preclude excessive erosion and sedimentation and to control and regulate the rate of flow.
Facilities/systems can include natural features and conduits, channels, ditches, swales, pipes, detention
devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater.
Drip Line: A vertical line mn through the outem, ost portion of the canopy of a tree and extended to th~
~ound. Dz"F'2n:: 2P:~: azz~ b-~n~'~ th~ c~n:~p)' cf ,~ tzar '3c~nz~ b7 x -:~z~ '2nc c::tcn'~:~,a:g fz~'n
Drive-Through Use: A facility or structure that is designed to allow drivers to remain in their vehicles
before and during an activity on the site. Drive-through facilities are a type of site development that is
usually found in conjunction with a quick vehicle servicing use or other retail sales and serv/ce use.
Examples include, but are not limited to, drive-through windows, menu boards, gas pump islands, car
wash facilities, and quick lube or quick oil change facilities.
Driving Surface: A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Surface to
be of mhfimum width as required by this Chapter. Width shall be increased on turns where necessary to
ensure fire apparatus remain on a paved surface during travel.
Duplex: See "Dwelling, Duplex."
Dwelling: A structure or portion which is designed or used exclusively for residential purposes, including
single-family, two-family, attached dwellings, multifamily dwellings, rooming and boardinghouses,
fraternities, sororities, dorrmtories, manufactured homes, and modular dwellings, but not including hotels
or motels.
Dwelling, Accessory: A detached or attached residential unit, other than a manufactured home, designed
for and occupied by one fu~ily only. The structure shall be accessory to a single-family dweRing (see
definition of "Dwelling, Single-Family") and conform to the standards outlined in this Chapter. Accessory
dwellings shall not be calculated in net or gross density calculations for a lot, parcel or development.
Dwelling, Duplex: A detached residential structure containing two dwelling units, designed for
occupancy by not more than two families living independent of each other.
Dwelling, HUD-Code Manufactured Home: A strucmxe constructed on or after June 15, 1976,
according to the rules of the United States Department of Housing and Urban Development,
transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in
width, or forty (40) body feet or more in length, or, when erected on site, is three huncked twenty (320) or
more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air conditioning and electrical systems. The term does not include a recreational vehicle as that
term is defined by 24 C.F.R. Section 3282.8(g).
Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transportable in one
(1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40)
body feet or more in length or, when erected on site, is three hundred twenty 020) or more square feet
and which is built on a permanem chassis and designed m be used as a dwelling with or without a
permanent foundation when connected to the required utilities and includes the plumlgmg, heating, air
conditioning and electrical systems.
Dwelling, Multi-F~mily: A structure or portion designed for three or more dwelling units or for
occupancy by members of a fraternity or sorority, or by three or more boarders or roomers.
Dwelling, Single-Family: A detached residential unit other than a manufactured home, hotel or motel,
designed for and occupied by one family only.
Dwelling, Single-Family Attached: A structure consisting of three or more single-family tm/ts, in which
each unit extends from the foundation to the roof with open space on at least two sides.
Dwelling Unit: A ffmgle unit providing complete independent living facilities for one or more persons,
induding permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement: A grant of the right to use a strip of land for specific purposes.
Easement~ Access: An easement created for the purpose of provicting vehicular, pedestrian, or bicycling
access to or between properties.
Easement~ Maintenance: An area of a parcel of land free of structures reserved to an adjacent parcel of
land to allow access to repair and maintain a structure, facility, or conservation area located on the adjacent
parcel.
Ecological Impact:: A modification or change in the existing natural environment that could result in
the disruption or loss of wildlife habitat, vegetation, air quality, soil and water quality, and resources, or an
increase in ambient noise levels.
Ecosystem: An interacting system formed by a biotic community and its physical environment.
Effluent: Sewage water or other hqu:id, partially or completely treated or in its natural state, flowing out of
any component of an individual sewage disposal system or flowing over the ground's surface or beneath
the ground in groundwater.
Elderly Housing: A structure, controlled by either a public body, institutional body, or nonprofit
corporation, eighty percent of whose occupants are 55 years of age and over; or, a structure where each
unit is occupied by at least one person, and where the living arrangement/agreement requ/res that all
members of each household consume at least one meal per day in a congregate dining facility, or is served
directly to the persons of that household.
Elderly Housing~ Assisted Living: Services in these establishments include assistance with dally
activities, such as dressing, grooming, bathing, etc.
Elderly Housing, Congregate Care Facility: A facility for long-term residence generally for persons 55
years of age or older, and which shall include, without limitation, common dining, social and recreational
features, special safety and convenience features designed for the needs of the elderly, such as emergency
call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and
doorways designed to accommodate wheelchairs, and the provision of social services for residents which
shall include at least two of the following: meals services, transportation, housekeeping, linen, and
orgamZed sodal activities.
Elderly Housing, Nursing Home: A home for the aged, chronically ill, or incmable persons who are
unable to care for themselves and in which three or more persons not of the immediate family are kept or
provided with food and shelter or care for compensation; but not including hospitals, clinics, or other
similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Elderly Housing, Life Care Housing and Services: A residential complex, which may contain multi-
family dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures
designed for and psincipally occupied by senior citizens. Such facilities may include a congregate meals
program in a common dining area, assisted living housing, nursing home facilities, congregate care
facilities, and medical facilities and all other services typically supplied for elderly houffmg facilities.
Elementary School: A private school established for grades 1 through 5 but may also include a
kindergarten.
Endangered Species: A species of animal or plant is considered to be endangered when its prospects for
survival and reproduction are in immediate jeopardy from one or more causes as defined in the
Endangered Species Act.
Environment: The physical condition wkich exists within the area that will be affected by a proposed
development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic
significance.
Environment~ Natural: This environment is characterized by severe biophysical limitations, presence of
some unique or natuzal or cultural features intolerant of intensive human use, or its value is retained only
in its natural condition. Management obiecfives are o~iented toward preserving unique features, restricting
activities that may degrade the actual or potential value of this environment, and severely restricting
development in hazardous areas.
Environmental Scientists: Professionals, wkich are required for the environmental analysis and plan
required by this Chapter, with train~g or direct experience in areas such as: environmental plarmmg,
physical geography, environmental geography or hydrology, ecology, botany, soil sciences, or natural
resources.
Environmentally Sensitive Area: An area identified on the official map for Envirormaentally Sensitive
Areas that contains Floodway, Developed Floodplain, Undeveloped Floodplain, Riparian Buffers, Water
Related Habitat, or Upland Habitat.
Environmentally Sensitive Areas Map: The offidal map that identifies areas identified as
Environmentally Sensitive Areas.
EPA: Environmental Protection Agency
Epheaneral Stream: Stream that has flowing water only during and shordy after precipitation events in a
typical year. These streams are located above the water table year round. Runoff' from rainfall, not
groundwater, is the primary source of water for stream flow.
Equal Conveyance Principle: An area of the cross-section of a stream, in its existing condition, carrying
a percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling
of the flood plain occurs, without any rise in the 100-year flood plain elevation.
Equestrian Facilities: A structure or area for horseback riding activities including boarding, training,
lessons, and shows.
Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land
surface by water, wind, ice, or gravity, caused either by natural or human created conditions.
Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for
another person, or who, for consideration, agrees or offers to privately model lingerie or to privately
perform a striptease for another person.
Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Exaction Variance: A variance granted on the basis of a finding that the imposition of the regulations(s)
exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the
tract to be platted.
Extraction: To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a
solid, liqu/d, or gaseous state from its naturally occUrring location; the initial step in use of a natural
resource; examples include: petroleum and natural gas wells, shale and coal mines, gravel pits, and timber
cutting.
Extractive Industry: A use involving on-site extraction of surface or sub-surface mineral products or
natural resources. Typical uses may be quarries, borrow pits, sand and gravel operations, mining, and soil
mining. Specifically excluded from this use is grading and removal of soil associated with an approved site
plan or subdivision or excavation associated with, and for the improvement of, a bonafide agricultural use.
Extraterritorial Jurisdiction: The n*~incorpurated area outside of and contiguous to the corporate
boundaries of the City as defined and established in accordance with Chapter 42 of the Texas Local
Government Code.
Fabricating: The process of assembling u~mg standardized parts.
Facade: That portion of any exterior elevation on the building extending from grade to top of the
parapet, wall, or eaves and the enti~e width of the building elevation.
Fair Grounds: An area of land use including, but not limited to: agricultural related office building,
exhibition of Iivestock and farm products, animal shows and iudging, carnivals, ckcuses, community
meeting or recreational buildings and uses, concerts, food booths and stands, games, fides, rodeos, sales,
auctions, and storage.
Family: Two or more persons occupying a single dwelling unit where all members ate related by blood,
mart{age or adoption. No single dwelling unit shall have more than four unrelated individuals reffiding
therein, nor shall any "family" have, additionally, more than four unrelated individuals re£~ding with such
family. The ten-n "family" does not include any urgamzation or institutional group that receives federal or
state funding for the cate of the individual.
FAR: See Floor-Area-Ratio.
Farm Stand: An accessory use, building, or structure used for the retail sale of fresh fruits, vegetables,
flowers, herbs, or plants, home-processed food stuffs and products such as jams, honey, pickled products,
sauces, baked goods, and homemade crafts/art made on the site. No commercially packed handicrafts or
commercially processed or packaged foodstuffs shall be sold at a farm stand.
Farmees Market/Open Air Market: The seasonal selling or offering for sale at retail directly to the
consumer of fresh Lin/ts, vegetables, flowers, herbs, or plants, processed food stuffs and products such as
jams, honey, pickled products, sauces, baked goods, crafts, and art, elothing and other goods, occurring in
a pre-designated area, where the vendors are generally individuals who have raised the produce or have
taken the same or other goods on constgnment for retail sales.
Fast Food Restaurant: A restaurant serving food from an ordering counter or from a drive-through
faci~ty.
Feediot: A lot, co~cal, yard, or other area m which livestock are confined, pmarily for the purposes of
feeding and growth pt{or to slaughter. The term shall not include areas which are used for raising crops or
other vegetation or upon which livestock are allowed to graze, nor shall it allow the slaughter of said
animals and livestock on premises.
Fees in Lieu of: Allowing, at the developer's option, the payment of the developer's share of th~ cost of
constracting a requi~ed public improvement instead of requiring the actual construction at the time of plat
approval.
FEMA: Federal Emergency Management Agency
Filling: The depositing on land, whether submerged or not, of gravel, earth, or other natural materials in
any combination.
Fire Code: The most recently adopted International FL~e Code as published by the International Code
Congress.
Fire Lane: A rite apparatus access roadway, on private property or within a public t{ght-of-way, which
provides unobstructed passage for the rite department apparatus responding to ur engaged in emergency
fire and rescue operations.
Flea Murket: An outdoor market for selling secondhand articles or antiques.
Floodplain: An area identified by the Federal Emergency Management Agency as posalbly being flood-
prone, ur below the immediate flood line (100-year flood plain).
Flood Fringe: The area located within the floodplain and outside the floodway.
Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal
Insurance Administration, where special flood hazard areas have been designated.
Flood Insurance Rate Map (FIRM): An official community map showing special flood hazard areas
and the risk premium zones applicable to the community as issued by the Federal Insurance
Administration.
Flood Insurance Study: The offidal Federal Insurance Administration report containing flood profiles,
the water surface elevation of the base flood and the flood hazard boundary map.
Floodway: Area regelated by federal, state, or local requirements to provide for discharge for the base
flow, so that the cumulative increase in water surface elevation is no more than a designated mount
within the 100-year floodplain. A river, channel or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Normally, the floodway will include the stream channel and that
portion of the adjacent land areas required to pass the base flood (one-hundred-year flood) discharge
without cumulatively increasing the water surface elevation at any point more than one (1) foot above that
of the prefloodway condition, including those designated on the flood insurance rate map.
Floor .&tea: The floor area is the gross horizontal area of the one or more floors of a structure, excluding
interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and
open porches. Same as Gross Leasable Floor Space.
Floor Area Ratio (FAR): The ratio which is the result of dividing the total floor area of a structure by
the area of the lot on which it is located. For example, a structure with a floor area of 20,000 square feet,
located on a lot of 40,000 square feet has a floor area ratio (FAR.) of 0.5.
Food Processing Facilities: Industxial operations in which raw food is made suitable for consumption,
cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other
animals, hog f~'~s, and egg farms.
Footprint: The horizontal area as seen in a site plan, measured from outside of all exterior walls and
supporting columns. It includes residences, garages, covered carports, accessory structures, all other
structural uses both primary and accessory to that district, but not trellises, patios, and areas of porch,
deck, and balcony less than 30 inches fi:om finished grade.
Fraternity or Sorority House: The structure in which a student or professional urgan~afion formed
chiefly to pursue common interests, be it cultural, religious, entertainment or social, and which has regular
meetings, rituals, and formal memberskip requirements is housed. These structures also may provide
housing to its members.
Freeboard: The vertical distance between the design water surface level and the top of an open conduit
left to allow for wave action, floating debris or any other condition or emergency without overtopping the
Frequency: Number of complete oseillafions or cycles per mt of time. The unit of frequency often
used is the Hertz (Hz).
FrontYarth See "Yard, Front."
Frontage: That side of a lot, parcel or tract abutting a street right-of-way.
Garages Private or Public: A structure for the use of the owner or occupant of a principle structure for
the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public
nature.
Garage Sale: A temporary activity conducted on the premises of a private re£1dence for the purpose of
disposal of goods or belongings of the residents of the dwelling. For the purposes of this Chapter, garage
sales shall not be considered a commerdal activity.
Gated Communities: Residential areas that restrict access to normally public or private open spaces and
General Business: Commercial uses providing a wide range of retail goods and services to meet the
needs of a large segment of the commuuity.
Grade:
A. The inclination or slope of a conduit, channel or natural ground surface, usually expressed in the
percentage of units of vertical rise or fall per unit of horizontal distance;
B. The elevation of the invert at the bottom of a conduit, canal, calvert, sewer, etc.; or
C. The finished surface of a canal bed, roadbed, top of an emb~,ilmaent or bottom of excavation.
Grade, Existing: The vertical elevation of the ground surface prior to excavation or fillin~ the surface of
the ground or pavement at a stated location as it exists prior to disturbance in preparation for a
development regulated by this Chapter; or, the vertical elevation of a site which is currently developed and
built upon.
Gtade~ Ground Level: The average of the fidished ground level at the center of all walls of the structure.
In case a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the
sidewalk.
Grade, Natural: The existing grade or elevation of the ground surface that exists in its unaltered state.
Grade, Percentage of: The rise or fall of a slope in feet and tenths of a foot for each 100 feet of
horizontal difference.
Grade Separation: The physical development of structttres or intersections that separate motor vehicle
from motor vehicles; motor vehicles, pedestrians, and bicyclists from trains and other transit; motor
vehicles from pedestrians and bicyclists; as well as pedestrians from bicyclists.
Grading: The mechanical or physical act of disturbing, moving, removing, transferring, or redistributing
soil or earthen surfaces.
Gross Leasable Floor Space: The gross horizontal floor area of the one or more floors of a structure,
excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic,
patios and open porches. Same as Floor Area.
Ground Cover: Low growing plants, vines, or grasses that form dense, extensive growth, and have a
positive effect against soil erosion and soil moisture loss. Permeable natural landscape materials, such as
mulch and rock, are also considered ground cover to the extent they are used in combination with live
plant materials.
Ground Coverage: The area of a lot occupied by all structures and parking expressed as a percentage of
the gross area of the lot. Driveways are not included in the percent coverage but parking pads or areas,
porches, decks, patios, pools, tennis courts, sheds, walkways and other accessory uses shall be included.
Group Homes for Disabled Persons: A shared residential living arrangement which provides a family-
type environment for 6 or more handicapped persons supervised by one or more primary caregivers and
has obtained a license to operate under the Personal Care Facilities Licensing Act. Tex. Health & Safety
Code 9247.001 et. seq. A Group Home for Disabled Persons does not include Community Homes for
Disabled Persons.
Group Home: A profit or nonprofit facility, home, or structure for the protective care of persons, both
adult and adolescent, who need a watchful environment, but do not have an illness, injury, or disability
which requires chronic or convalescent care, including medical and nursing set, ices. Protective care and
watchful oversight includes, but is not limited m, a daily awareness by management of the residents'
whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability
and readiness of management to intervene if a crisis arises for a resident, and supervision by management
in areas of nutrition, medication, and actual provision of transient medical care, with a 24-hour
responsibility for the well-being of residents of the facility. Personal care facilities are exempt from the
definition of a family and shall be classified in one of the following ways:
A. Individual: One to three clients, plus manager.
B. Family: Four to six clients, plus manager.
C. Group: Seven to 15 clients, plus manager.
D. Congregate: Sixteen or more clients, plus manager.
Guest House: An attached or detached building that provides living quarters for guests, servants, or a
related family member, which is considered an accessory use, and which is clearly subordinate and
incidental to the principal residence on the same building site; and, is not rented or leased.
Habitat: The physical location or type of environment in which an organism or biological population
]ives or occu/s.
Handicap: A physical or mental impattment which substantially limits one or more of such person's
major hfe activities, a record of having such an imp,ir~ant or being regarded as having such an
impakment, but such term does not include current, illegal use of or addition to a controlled substance as
defined by Chapter 481 of the Texas Health & Safety Code.
Hazardous Materials or Waste: A substance classified as a hazardous material under state or federal law
or a chemical, petroleum product, gas, or other substance that if discharged or released, is likely to create
an imminent danger to individuals, property or the environment. A hazardous material includes, but is not
limited to any one of the following, as defined by 40 C.F.R 173, or, with respect to hazardous waste, listed
as a substance subject to 40 C.F.R. 262: Radioactive material; Explosives, Class A; Explosives, Class B;
Poison A; Poison B; Flammable gas; Nonflammable gas; Flammable liquid; Oxidizer; Flammable solid;
Corrosive material; Combustible liquid; Etiologic agent; other regulated material (ORM); or, Hazardous
Heavy Manufacturing: Industrial operations for the production of a good using raw materials and
mechanical power and mackinery.
Height: The vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard
roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured
from the curb level if the building is not more than 10 feet from the front property line or from the grade
in all other cases. Except as otherwise specified, the height of a stmctote other than a building is the
vertical distance from the average grade at the base of the structure to the highest point of the stractu~e.
Hertz: Unit of frequency equal to one cyde per second.
High School: A private school established for grades 9-12 or 10-12.
Home Occupation: An occupation commonly carded on within a dwelling by members of the family
occupying the dwelling. The use of the home as an occupation shall be incidental and subordinate to the
use ufthe home as a dwelling.
Homeowners Association: A homeowners association is an organization formed for the maintenance
and operation of the common areas of the development. The membership in the association must be
automatic with the purchase of a dwelling unit or other property in the planned development. The
association's principal source of funds shall be an assessment levied against each dwelling unit or other
property, which assessment shall be enforceable as a lien against the property.
Horticulture: The cuitivation uf row crops, a garden, or an orchard for noncommercial purposes.
Hospice: One main building, or portion, one zoning lot in which terminally ill persons live in order to
receive appropriate Medicare-certified hospice services.
Hospital: An establishment which provides sleeping and eating facilities to persons receiving medical,
obstetrical, or surgical care and nursing service on a continuous basis.
Hotel: A facility offering transiem lodghag accommodations to the general public at a daily rate for a
period of time not to exceed thirty (30) days, and providing additional services, such as restaurants,
meeting rooms, and recreational facilities. Guest quarters axe accessible through a main entrance and by
hallways.
Hotel/Motel, Extended Stay: A facility offering transient lodging rooms and/or suites to the general
public, including lodging quarters for corporations and businesses, intended to be used, or which are used,
rented, or hired out to be occupied or which are occupied for sleet;rog purposes for guests, may contain up
to two bedrooms, contain kitchen facilities for food preparation including, but not limited to, refrigerators,
stoves, and ovens, and which may also include living areas, and which are furnished to the public for
periods of one week or more.
Hydrograph: A graph showing stage, flow, velocity or other property of water versus time at a given
point on a stream or conduit.
Impact Fee: A fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or
partial reimbursement for the total or partial cost of providing additional facilities or services needed as a
result of new development.
Imp~i~n~ent, Physical or Mental:
A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one
or more of the following body systems; neurological; musculoskeletal; special sense organs;
respiratory, including speech organs; cardiovascular; reproductive; digestive; geuito-urinary; heroic
and lymphatic; skin; and endocrine; or
B. Any mental or psychological disorder such as mental retardation, organic brain syndrome,
emotional ur mental illness and specific learning disabilities.
C. The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech
dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, mental retardation, emotional illness, drug addition (other than drag addition
caused by illegal use of a controlled substance).
Impervious: Any hard-surface, man-made area that does not readily absorb or retain water, including but
not limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved
recreation areas, and other surfaces that do not generally absorb water and are not considered by the City
to be pervious surfaces.
Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is
highly resistant to infiltration by water.
Indoor Recreation: Indoor commercial uses which by their nature are recreational. Examples include
bowling alleys, skating rinks, health clubs, racquetball or squash couxts, indoor swimming pools, video
arcades, pool halls, etc.
IndusttSal~ or Industrial Use: An activity related to the manufacture, warehousing, skipping, production
or storage of products to be transported elsexvhere for retail sale.
InlVdh Development or redevelopment of land that has been bypassed, remained vacant, and/or is
underused as a result of the continuing urban development process and where 80 percent of the land is
within a 500-foot radius of the site has been developed. Annexed areas on the periphery of the City limits
are not considered infill sites. Generally, these sites are readily accessible to infrastructure services and
facilities.
Infrastructure: The provision of systems that provide transportation, water, waste water, solid waste,
storm water drainage, electrical and franchise facilities typically required to service development.
Inlet: An opening into a storm drain system for the entrance of surface storm runoff.
Inoperative Vehicle: Any motorized vehicle incapable of immediately being driven.
Institution: An establishment that:
A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated
to the proprietor of the establishment; and
B. Provides minor treatment under the direction and supervision of a physic/an licensed by the
Texas State Board of Medical Examiners, or other services that meet some need beyond the basic
provision of food, shelter, and lannthy; or
C. A foster care residential facility that provides room and board to fewer than five persons who:
1. Are not related within the second degree of consanguinity or affinity, as determined under
Chapter 573, Government Code, to the proprietor; and
2. Because of their physical or mental limitation, or both, require a level of care and services
su:[table to their needs that contributes to their health, comfort, and welfare.
Institutional Use: A non-profit or quasi-public use, such as a religious institution, library, public or
private school or hospital, or government-owned or gnvemment-operated structure or land used for
public purpose.
Installation: In reference to manufactured housing, means the construction of the foundation systems,
whether temporary or permanent, and the placement and erection of a HUD-Code Manufactured Home
or HUD-Code Manufactured Home components on the foundation system and includes supporting,
blocking, levelmg, securing, anchoring, and proper connection of multiple or expandable sections or
components, and mLnor adjustments.
Intermediate Care Facilities: A convalescent home or other recuperative facility for use by persons
subsequent to hospital confinement, who are not yet ready to resume home life.
Intermittent Stream: A stream that has flowing water during certain times of the year, when
g~oundwater provides water for stream flow. Intermittent streams may not have flowing water during dry
periods. Runoff from rainfall is a supplemental sottrce of water for stream flow.
Inverted Crown Section: A street cross section usually reserved for alleys in which the center of the
street is lower than the edges so that drainage is carried down the center of the street.
Irrigation, Underground: A permanent, artifidal watering system designed to transport water and
distribute water to plants.
Junk'yard: A business that stores, buys, or sells materials that have been discarded or sold at a nominal
price by a previous owner and that keeps all or part of the materials outdoors until disposing of them.
Kennels: Facility for the boarding (overnight) of domestic ammals, usually limited to dogs and cats.
Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a
kennel activity.
Land Disturbing Activity: Alteration of the land surface by:
A. Any grading, scraping, excavating, dredging, transporting or filling o f land;
B. Any clearing of vegetation;
C. Any construction, rebuilding, or alteration of a building, road, driveway, parking area, or other
structure, not including routine maintenance such as painting, repair, or reconstruction of existing
structures or surfaces;
D. Any substantial activity or use which may result in soil erosion from water or wind and the
movement of sediments into waters or lands protected by this Chapter; and,
E. It shall not include activities such as ordinary maintenance and landscaping operations, individual
home gardens, repairs, additions or minor modifications of an existing single family dwelling, and
the cutting of firewood for personal use.
Land Use Plan: The Land Use Element of The Denton Plan, as may be amended and including The
Land Use Plan and Future Zoning Map.
Landscaping: A planted area containing trees, shrubs, and groundcovers providing a transition between
structures on a site and the property line, adjacent structures, or street tights-of-way.
Lane: A driving surface with a width as specified in the street design standards for that class of street.
Lanndiy Facilities: A commercial laundering establishment which cleans clothing, carpeting, drapes, and
other cloth or synthetic fiber materials using a chemical process. Such establishments may also include
self-service laundering facilities.
License: Written license issued by the City Council, permitting a person to operate and maintain a
HUD-Code Manufactured Home Park under the provisions of this Chapter.
Light Manufacturing: Industrial operations relying on the assembly of products using parts previously
developed from raw material and not classified as a point source of objectionable pollutants.
Limits of Construction: Delineation on a ~aphic exhihit~ xvhich shows the boundary of file area within
which all construction activity will occur.
Live-Work Units: Allows 25% of floor area to be used as work space, subject to home occupation
limitations.
Livestock: Facilities for the ral~mg, breeding, or maintenance of domestic animals including, but not
limited to cattle, horses, sheep, swine, goats, and poultry. This definition does not include feed lots or
similar uses.
Loading Space, Off-street: Space logically and conveulenfly located for bulk pickups and deliveries, and
scaled to delivery vehicles expected to be used.
Local Drainage Systera: Any drainage facility or system, which serves an area having a contributing
drainage basin of less than one (1) square mile in area.
Lot: A designated parcel, tract or area of land established by a plat or otherwise permitted by law to be
used, developed or built upon as a unit.
Lot Area: The total horizontal area within the lot lines of a lot, said area to be exclusive of street fight-of-
way.
Lot Comer: A lot abutting the intersection of two or more streets other than an alley.
Lot Coverage: That portion of a lot used for building, parking, vehicular and pedestrian circulation,
loading areas, and outside storage areas.
Lot Depth: The horizontal distance from the midp~;mt of the rear of lot line to the midpoint of the front
lot line.
Lot, Double Frontage: A lot having frontage on two nonintersecting streets, as distinguished from a
comer lot. Double frontage lots are prohil~tted.
Lot, Flag: Any lot not having standard legal access to an City street, and which is provided with access by
a driveway parallel to the lot line of a lot having standard access.
Lot Frontage: That pordon of a lot adjacent to a street.
Lot Improvement: Any building, structure, work of art or other object or improvements of land on
which they are situated, whether immediate or future, which includes but is not limited to streets, alleys,
utilities, drainage modifications, and access modifications including curb cuts. Lot improvements include
off-site work accomplished for the betterment of removed building lots.
Lot, Interior: A lot other than a comer lot or a through lot.
Lot Line: A boundaxy ora lot. "Lot Frae" is synonymous with "property line."
Lot Line, Front: In the case of an interior lot, the lot line separating the lot from the street other than an
alley. A comer lot shall have one (1) street line considered the front lot line. The narrower street frontage
shall be the front lot line except when the Director of Planning and Development detemaines
topogxaphical or access problems make such a designation impractical.
Lot, Gross Area: An area under public or private property ownership, whose lot [roes are descfibed by
plat or deed.
Lot Line, Rear: A lot line which is opposite and most distant from the front lot line, and in the case of
an irregular, triangular, or other shaped lot, a line ten (10) feet in length witlfin the lot parallel to and at a
mayamum distance from the front lot line.
Lot Lines Side: Any lot [me not a front or rear lot [me.
Lot of Record: An individual lot or a lot which is a part of a subdivision, the map of which has been
legally recorded in the office of the Denton County Clerk; or a parcel of land the deed of which has been
recorded in the office of the Denton County Clerk.
Lot, Reversed Comer: A comer lot, the side street line of which is substantially a continuation of the
front line of the first lot to its rear.
Lot, Through: An interior lot having frontage on two (2) parallel or approximately parallel streets other
than alleys. Through lots are prohibited.
Lot Width: The horizontal distance between the side lines, measured at fight angles to the lot depth at a
point midway between the front and rear lines.
Major Event Ente~'.inment: A structure or area with a capacity of greater than 1,000 seats for public
performances and sporting events. Major event entertainment facilities include concert halls, stadiums, and
Major Life Activity: Includes functions such as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning and working.
Manufacture of Non-Odiferous Foods: Industrial operations for the manufacturing of non-odiferous
foods.
Manufactured Home: See "Dwelling, Manufactured Home."
Manufactured Home Park or Park~ HUD-Code: A parcel of land under single entity ownership
which has been separately platted for the placement of HUD-Code Manufactured Homes, accessory uses
and service facilities, meeting all requirements of this Chapter and any applicable deed restrictions and
state laws.
Manufactured Home Subdivision, HUD-Code: A tract of land that is subdivided and platted for
individual ownership of HUD-Code manufactured homes.
Master Plan: Policies and plans adopted by the City Council as a guide to the systematic physical
development of the City.
Mechanical Equipment: Equipment or devices installed for a use appurtenant to the primary use. Such
equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc
antenna, radio ur TV ~eceiving or transmitting antennas, and any power generating devices. The following
equipment or devices are exempt:
A. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet
above grade or tlmty (30) feet above an existing structure, whichever height is greater. No part
of such antenna shall be within the yards requited by this Chapter. A structure permit shall be
required for any antenna mast, or tower over fifty (50) feet above grade or thirty (30) feet above
an existing structure when the same is constructed on the roof of the structure.
B. Parabolic antennas under three (3) feet in diameter.
Medical Center: A walk in facility for medical, obstetrical, or surgical care limited to day use only.
Middle School: A private school established for grades 6-8 or 6-9.
Minimum Structure Separation: A required open space between any two structures on the same lot
which ate used for nonxesidential and mulfifamily residential purposes.
Minor Plat: A subdivision resulting in four (4) or fewer lots, not requiting the creation of any new street
or the extension of municipal facilities and not generating an average daily vehicular traffic (ADT) count of
one thousand (1,000) or more vehicles.
Motel: A structure or group of structures on the same lot containing individual guest units for rental to
transients, with separate exterior entrances, and consisting of individual sleeping quarters, detached or in
connected rows, with or without cooking facilities.
Native Vegetation: Vegetation comprised of plant specie, other than noxious weeds, that are indigenous
to the Denton County and that reasonably could have been expected to naturally occur on the site.
Natural Resources: Air, land, water, and indigenous plant and animal life of an area.
Nonconforming Use or Structure: Any structure or use of land lawful at the time of passage or
amendment of this Chapter which does not conform, after the passage or amendment of this Chapter,
with the regulations of the district in which it is located.
Non-resident Lot: A lot on which there is no dwelling or business estabhshed.
Nude Model Studio: Any place where a person who appears in a state of nudity or displays "spedfied
anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by other persons who pay money or any form of consideration.
Nudity or a State of Nudity:
A. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts;
or
B. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female
genitals, or areola of the female breast.
Nursery School: See "Day Cate, Nursery, Kindergarten".
Nursing Home: See "Elderly Housing, Nursing Home".
Octave Band: A portion of the audible sound spectrum. An octave band analyzer divides the audible
sound spectrum into eight (8) octave bands.
Odor Threshold: The concentration of odorous matter in the atmosphere necessary to be perceptible to
the olfactory nerve ora normal person. Detemamation of the odor threshold is prescribed by A.S.T.M.D.
1931-57, Standard Method for Measuring Odor in Atmosphere.
Official Map: A map offidally adopted by the governing body of City, Texas.
Official Zoning Map: A map offidally adopted by the City Council that illustrates the various zoning
districts of the City of Denton, Texas.
Off-site: Located outside the boundary ora development.
One Hundred (100) Year Water Surface Elevation (100-Yr W.S.Ig.): The water surface elevation
established by hydrologic/hydraulic analysis of a stream, river, creek, or tributary, using the 100-year fully
developed watershed, based upon the 100-year rainfall event.
On-site: Located within the boundary ora development.
Open Space: Any parcel or area of land or water set aside, dedicated, designated, or reserved for public
use or enjoyment of for the private use and enjoyment of owners and occupants of the land adioinmg or
neighboring such open space.
Outdoor Recreation: Outdoor commercial uses which by their nature are recreational such as golf
courses, outdoor swimming pools, tennis courts, and basketball courts.
Outdoor Resale Business: A business that sells used merchandise, other than automobiles, logging
equipment, or other agticultmal equipment, and stores ur displays the merchandise outdoors.
Outdoor Storage: The storage of espedally large quantities of materials or products assodated with an
industry or business. Such storage requires a structure designed for and/or devoted to the containment of
the item, such as oil storage tank or grain elevator.
Owner: The owner of a tract of land as recorded in the Denton County Deed Records. An owner may
include: a person, firm, curporafion, partnership or agent, attorney-in-fact, manager or director, or
developer. Such term as used in this Chapter always includes one (1) or more of the persons enumerated in
this section who own all or any part of the land which is contemplated to be developed.
Park or Recreation, Public: The real property and improvements thereon owned, operated, or
maintained by the City, university, or other public entity, which are designed or used for recreational
purposes and are available to the general public. The recreational purposes includes, but is not limited to
public swimming pools, golf courses, tennis courts, stadiums, and recreational centers.
Park or Recreation, Private: A noncommercial, not for profit facility designed to serve the open space
and recreation needs of the residents of a development.
Parking Space: A rectangle not less than eighteen (18) feet long and nine (9) feet wide together with
access and maneuvering space sufficient to permit a standard automobile to be parked within the rectangle
without the necessity of moving other vehicles, said rectangle to be located off of the street right-of-way.
Parldng, Street; Off-Street, HUD-Code Manufactured Home Park: A parking space located within
the boundary of a HUD-Code Manufactured Home space, or in common parking and storage area having
unobstructed access to an internal street or access way, and as depicted on the site plan.
Parking Tandem: p~rki,~g spaces that are arranged one behind another. Each parking space shall meet
the dimension requkements of a full-size car on a one-way aisle. Tandem p~rldng is allowed in drive-
through lanes.
Particulate Matter: Finely divided solid or liquid matter, other than water, which is released into the
atmosphere.
Paved: A paved surface shall be in accordance with City codes and Chapters relative to approved surfaces
or as specified.
Peak Particle Velocity: Unit of measurement that identifies, in inches per seconds, how fast the ground
moves.
Pedestrian Oriented District: All property within a Neighborhood Residential zoning district and the
Central Business District.
Pedestrian Path: A graded, cleared way for individuals who travel on foot. When located along any
improved street or parking area, these paths shall be adjacent to the curb at curb level.
Pedestrian Way: A right-of way for pedestrian traffic.
Perennial Stream: A stream with flowing water year-rotmd during a typical year. The water table is
located above the stream bed for most of the year. Ground water is the pm'nary source of water from
stream flow. Runoff from rainfall is a supplemental source of water for stream flow.
Permitted Use: That use of a lot which is among the uses allowed as a matter of right, and subject to the
restrictions of the zoning district.
Person: An individual, firm, partnership, proprietorship, association, corporation, estate, receiver,
syndicate, branch of government, social or fraternal organization, or any other group or combination
acting as a legal entity, and including any trustee, assignee, or other representative.
Pilot Channel: A concrete chamael section used to convey normal low flows, fix the location of the flow
line of a channel, minimize erosion and provide access for maintenance.
Planning Staffi The staffof the City of Denton Plamfing and Development Department.
Planning and Zoning Commisalon/Commlusion: The City of Denton plarmmg and Zoning
Comtmssion, referred to as "Commission."
Planting Area: An outdoor area, the surface of which shall not be covered by impervious surface
materials or structures, and devoted entirely to the planting or maintenance or plant materials, except as
othemdse allowed by this Chapter, such as walls, fences, plazas, landscape architectural features such as
gazebos, pergolas, arbors, fountains, or sculpture. Landscape architectural features shall not include tennis
courts, basketball courts or other pervious recreational facilities.
Plants, Plant Material: Live plant material, including grasses, annuals, perennials, bulbs, groundcover,
shrubs, and trees, are botanical plants that are nourished through the processes of air, water, and soil
nutrients. Plastic, fibrous, silk, or other non-live materials, are not considered live plant materials.
Plat or Final Plat: A map ora subdivision, addition or development to be recorded in the County Clerk
Plat Records after approval by the planning and Zoning Commission or the Development Review
Comrmttee.
Pole Mounted Antenna: Any antenna which is preassembled off-site and designed to be moved from
site to site.
Preliminary Plat: A map showing the salient features of a proposed development as required by this
Chapter submitted for the purpose of preliminary consideration prior to the submission of a Final Plat.
Priming/Publishing: An establishment where printed materiel is produced, reproduced and/or copied
by either a printing press, photographic reproduction techniques, or other similar techniques. This use
does not include copy shops.
Private Access Drive: A drive serving as the exclusive access for not more than two landlocked parcels
of land, which is not owned or maintained by City. Private easements cannot be used to meet the right-of~
way requirement.
Private Club: A group of people associated with or formally organized for a common purpose, interest or
pleasute, including organizations with facilities for the storage, sele, possession, or serving of any alcoholic
beverage permitted by the law of the State of Texas and where none of such facilities are available except
to a member or their guests.
Private Street: A street which serves several lots over which the genarel public has no right of use as
opposed to a driveway which is meant to serve one lot.
Private Utility Provider: The owner of a wire network (i.e.. cable, electric, or telephone company)
ufflized in connecting the various cell sites to telephone switching offices, long distance providers or the
public switched telephone network.
Private Way: A private easement or ownership established by deed for vehicular access to property.
Professional Services and Offices: Offices used for the conduct of business-related activities, excluding
the sele of merchandise or storing of merchandise on the premises.
Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction fence, snow
fencing or other similar fencing with a minimum four-foot (4') height.
Public Improvement: Any street, alley, utility, drainage facility or other facility or improvement of land
designed and intended to be dedicated, conveyed, or owned by the public.
Public Street: A street which is owned or maintained by City.
Public Utilities: For the purposes of tree preservation provisions of the Denton Development Code. the
term. Puhlic l. Jrilities includes public sanitat3' sewers, public xvater mains, public streets, public storm
sexvers, public detention ponds mmticipally-owned electric utilities, electric cooperatives, investor- owned
electric utilities_ telephone compardes_ cable television compaines, and other utilities defined under Texas
law as "public utilities." as well as any contractor hired by these utilities.
Q,,~llficd Professional: For the purposes of t~ee prese~'vafion provisions of the Denton Development
Code. a qualified professional is a person with a minimmn of a Bachelor of Science De~ee in any of the
following disciplines: Forestr?. Horficultm'e. Botany and/or Plant / Soil Science or. an Arbotist that has
been certified by the Intemafion',fl Society for Arboricuhitre_ a Texas Certified Nursery Professiomd. a
Texas Master Cei~ified Nttrsm? Professional certified by the Texas NurseD' and Landscape Association or
a Licensed Landscape Architect.
Quick Vehicle Servicing: A business providing service to the motoring public. Such uses can include
gasoline seles, light repair, me-ups, oil changes, transmission or drive train repairs to automobiles or light
trucks. No outside storage of any automobiles or materials such as tires, auto parts, etc., is allowable. The
sale of motor vehicles shall be prohibited.
Rear Yard: See 'Ward, Rear."
Recreational Vehicle: A motorized vehicle, designed or maintained for use as a temporary dwelling or
sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or
jacks.
Recreational Vehicle Park: A parcel of land which is used solely for the rentel ot lease of lots for
transient campers, trailers, motor homes, or temporary parking of any other rec~eafionel vehicle that is not
a mobile home or HUD-code manufactured home.
Recycling Business: A business that is primarily engaged in:
A. Converting ferrous or nonferrous metals or other materials into raw material products having
prepared grades and having an existing or potential economic value;
13. Using raw material products of that kind in the production of new products; or
C. Obtaining or storing ferrous or nonferrous metals or other materials for a purpose described by
Paragraph A or B.
Replat: A change in a map of an approved or recorded subdivision plat if such change affects any street
layout on such map or area reserved thereon for public use or any lot lme or if it affects any map or plan
legally recorded prior to the adoption of any regulations controlling subdivisions.
Residential District: A one-family, two-family, or multi-family zoning district, or any area within a
planned development zoning dis~ct which is designated for residential use, as shown on the approved site
plan for the district
Residential Use: A one-family, two-family, or multi-family dwelling, trailer camp, mobile home, or
HUD-code manufactured home park or development.
Restaurant: A structrue that prepares and serves food to customers, including sit down, fast food, drive-
through, and drive-in facilities.
Retail Sales and Service: A business established for the sale of goods or services to consumers, usually
in small quantities (as opposed to wholesale) and does not include wholesale goods or services.
Right-of-way: A suip of land occupied or intended to be occupied by a street, crosswalk, raib:oad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another
Specific Use. The usage of the term "tight-of-way" for land platting purposes means that every right-of-
way established and as shown on a final plat is to be separate and distinct from the lots or parcels adjoirdng
such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving
maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such
right-of-way is established.
Riparian: An area adjacent to a river, stream or other natural course of water.
Riparian Buffers: Areas identified as 100 feet from the stream centedine for streams draining a basin of
greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. It
also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit
Process.
Root pm,ming: Shall mean to cut away. remove_ cut off or cut hack all or pans of file root. ~M1 root
pnuring shall be in accordance with approved methods set forth in the National Arbotist Association
Standards.
Sales of Products Grown On-site: Roadside stands or other temporary structures constructed for the
sale of agricultural or horticultural products raised substantially on the premises.
Salvage Yard: Any lot or parcel of land on which wastes or used secondhand materials are bought, sold,
exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other
ferrous metals, paper; rags, robber fires, bottles, discarded goods, machinery, or two or more inoperable
motor vehicles.
Sanitary Landfills: A system of trash and garbage disposal in which the waste is buried between layers of
earth.
Satellite Earth Stations: Are considered m be accessory structures and are defined as a combination off
A. An antenna or dish antenna whose purpose is to receive communication or other signals from
orbiting satellites and other extraterrestrial sources;
B. A loxv-noise amphfier (LNA) which is situated at the focal point of the receiving component and
whose purpose is to magnify and transfer signals;
C. A coaxial cable whose purpose is to carry the signals into the interior of the structure; and,
D. The station must be located to the side or tear of the struct~e unless a usable satel)ite signal
cannot be obtained; in which case, the property owner may request a variance from the
requirement through the board of adjustments. Ground-mounted stalions shall be no more than
ten feet above the maximum height requirement of the dis~ct in which they are located.
Schools Public or Private~ A building where pexsons regularly assemble for the purpose of instruction or
educalion and includes playgrounds, stadium, and other stract~es or grounds used in conjunction
therewith. The term is linxited to (1) public and p~ivate schools having a cmriculam generally eqnivalent to
elementary or secondary schools, and/or (2) special educational facilities in which students who have
physical or learning disabilities receive specialized education in lieu of attending regular classes in a
kindergarten or g~ades one through twelve.
Scrap Metal Processor: One who, f~om a fixed location, utilizes machinery and equipment for
processing and manufactorin§ iron, steel or nonferrous metallic scrap into prepared grades and whose
principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes.
Screening: The establishment of an opaque fence or barrier for the purpose of obscuring from sight a
use.
Section 404 Petmit~ A permit requized under federal Clean Water Act provisions.
Self-Service Storage: A stmctuxe or portion used for dead storage, mainly of the excess personal
property of an individual or family, but also of small amounts of goods or merchandise for businesses or
individuals.
Semi-Nude: A state of d~ess in which clothing covers no more than the genitals, pubic reginn, and arenia
of the female breast, as well as portions of the body covered by supporting straps or devices.
Semi-Public Halls) Club or Lodge: fi. sttuctuxe or facility owned or operated for special educational or
recreational pm-poses, but not primarily for profit or to render a service that is customarily carried on for
gain.
Setback: The minimum distance between by which any building or structure must be separated from a
stxeet right-of-way or lot line.
Sewer Connection, Manufactured Home: Connection consisting of pipes, fittings and app~tenances
from the d~ain outlet of a HUD-Code Manufactmed Home to the inlet of the corresponding sewer service
riser pipe of the sewage system serving the HUD-Code Manufactuxed Home Park.
Sewer Service Riser Pipe) Manufactured Home: That ptu'tinn of sewer service which extends
ve~ficaliy to the grotmd elevation and terminates at a HUD-Code Manufactuxed Home space.
Sexually Oriented Business: _An adult arcade, adult bookstore or adult video store, adult cabaret, ad~t
motel, adult motion picture theater, adult theater, escort agency, or nude model studio.
Shared Drive: A common driveway or access shared by adjoining properties.
Shopping Center: A group of commercial establishments planned, developed, and managed as a unit,
related hi location, size and type of shops to the t~ade area that the ~-ult se~es, and providing on-site
parking.
30 Side Yard: See '~Yard, Side."
Site Plan Review: The comprehensive evaluation of a development and its impact on neighboring
properties and the community as a whole, from the standpoint of: land use, site design, landscape design,
environmentally sensitive areas protection, architecture, lighting, signs, clearing and grading, engineering
design, health and safety, other adopted standards and criteria of this Chapter, all other adopted codes and
ordinances of the City.
Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process.
Special Circumstances: With regard to utility extensions, only those areas where water or sewer is
deemed necessary and the application of any general rule for extension shall cause a bmden and cost
considerably greater than what would be normally incurred due to the particular topography or unusual
shape of the particular lot or tract involved.
Specific Use Permit: A use which is not automatically permitted by right, but which may be permitted
within a zoning district subject to meeting specific conditions contained in this Chapter.
Specified Anatomical A~eas: Human genitals in a state of sexual arousal.
Specified Sexual Activities: Includes any of the following:
The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female
breasts;
Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy;
Excretory functions as part of or in connection with any of the activities set forth in A through B
above.
Spread Limits: The width of pavement covered by water flowing from a certain frequency (i.e.; one-
hunched-year flood).
Storages Outdoor: Any area that contains trash collection areas or dumpster refuse containers; outdoor
loading and unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of bulk
materials and/or parts; or areas regularly used for outdoor repair, outdoor storage areas of sexxqce stations,
motor vehicle dealers, or inspection stations. Temporary construction and related activities are excluded
from this definition.
Story: That portion of a structure included between the surface of any floor and the surface of the floor
next above it, or if there is no floor above it, the space between the floor and the c(ding above it;
provided, that a room, suite, or story with more than one-half of its height below grade shall not be
considered a story for the purposes of height regulations.
Street: 2k public right-of-way for roadway, sidewalk, and utility installation including the terms "road",
"highway", "land", "place", "avenue" "alley", or other similar designations. The entire width between the
right-of-way lines of every way which provides for pubhc use for the purpose of vehicular and pedestrian
traffic.
Street Crown: The highest point of a street cross section, normally located at the centerline of the street.
Stream Channelization: Manipulation ora stream channel to increase the rate of water flow through the
stream channel. Mampulation may include deepening, widening, straightening, armoring, or other
acfiviries that change the stream cross-section, or other aspects of stream channel geometry, to increase the
rate of water flow through the stream channel. .A channelized stream remains a "waters of the U.S.,"
despite the modifications to increase the rate of water flow.
Stxeet, Cul-de-sac: A short dead-end street temamated by a vehicle turnaround.
Street, Half: A portion of the width of a street, usually along the edge of a subdivision, where the
remaining portion of the street is provided in another subdivision.
Street, Marginal Access: A minor street parallel and adjacent to a major arterial street providing access
to abutting properties but protected from through traffic.
Structure: Any structure attached to the ground which has a roof and which is designed for the shelter,
housing or enclosure of persons, animals or property of any kind. That which is built or constructed; an
edifice or structure of any kind or any piece of work artificially built up or composed of parts joined
together in some definite manner and which requires location on, in, or above the ground or which is
attached to something having a location on, in or above the ground.
Structure, Height of: The vertical distance measured from the average elevation of the proposed
firfished grade to the highest point of the coping of a fiat roof ur to the deck line of a mansard roof, or to
the average height of the gable(s) of a pitch or hip roof. Any height li,--itation of this Chapter shall not
apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, water
towers, silos, chimneys, flag poles, except as may be limited in the "A" Airport overiay zone.
Structure Line: A line on a plat indicating the linfit beyond which structures or structures may not be
erected. Similar to Building Envelope.
Structure, Principle: A structure in which is conducted the main or principal use of the lot upon which
such structure is situated.
Structural Alteration: A change to the supporting members of a structure including foundations, beating
walls or partitions, columns, beams or girders, or the roof.
Subdivision: The division or redivision of land into two (2) or more lots, tracts, sites or parcels.
Tailwater: The water surface elevation directly downstream ora drainage facility.
Tempuraty Structure: A structure without any foundation or footings which is attached to the ground or
other structure in some nonpermanent fashion. Temporary structures shall requi~e a permit from the
building inspection department and shall be removed from the site when the designated me period,
activity, or use for which the temporary structure was established has ceased, but not exceeding six months
in duration unless an extension is obtained from the building inspection department upon just cause.
Theaters: A structure or area for the preseutafion of plays, motion pictures, concerts, etc.
Thoroughfare Plan: The thoroughfare component of the Mobility Plan, the offidal map depicting the
City's existing and future street system and roadway network, together with explanatory text.
Time of Concenttation; The estimated time (in minutes) required for stormwater runoff to flow from
the most hydraulically remote section of the drainage area to a specific design point.
TNRCC: The Texas Natural Resources Conservation Commission.
Topography: The physical land surface relief describing the terrain elevation, position of land features
and slope. Topography includes land forms, water and other drainage features, and features such as gravel
pits. A single feature such as a hillside or valley is called a topographic feature.
Townhouse: See "Dwelling, Townhouse."
Townhouse, Fee Simple: See "Dwelling, townhouse, fee simple."
Toxic and Noxious Matter: Any solid, liquid or gaseous matter which is present in sufficient quantities
to endanger health, safety and comfort of persons hi the vicinity or which may cause injury or damage to
property.
Traffic Impact Analysis: A study performed by a registered traffic engineer analyzing the impacts of the
expected traffic generated by a development on the existing an proposed road system including
recommendations for mitigating such traffic.
Trailer: A non-motorized vehicle, pulled by an automobile or track designed or mahatained for use as a
temporary dwelling or sleeping place for travel or recreation purposes exclusively.
Transfer Station: A temporary storage facility for the consolidation and eventual transfer of solid waste
to a landfill.
Tree. Healthy: A healthy tree is a tree that is vigorously ~owing and is free of structural problmns gnch
as hollows or voids, free of disease, or i,~sect problems and has a root system that is large enough tO
support its above ~'ound mass.
Tree Protection, Permanent: Structural measures, such as retaining walls/wells or aeration devices, that
are designed to protect the tree and its root systems throughout its lifetime.
Tree Protection Sign: A s'~mn furnished by fire City upon approval of a tree survey or tree permit tbat
describes prohibited conduct detrhnental to trees.
Tree Protections Temporary: Physical barriers installed prior to any clearing and grading activity and
construction for the purpose of preventing damage to existing trees and understory vegetation and set
outside of the root zone of such vegetation for the life of the developments construction.
Tree Removal: An act that causes or may be reasonahly expected to cause a tree to die incl~ding
uprooting, severing the tnain trunk, dama~h~g the root system mad excessive p~mM~o
Tree Stand: Contiguous trees whose canopies are generally clustered together.
Tree Topping: The severe cutting back of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree that removal of the top canopy disfigures and invites probable disease or
death to the tree. Tree topping is prohibited.
TSC: The Traffic Safety Commission.
Ultimate Developed Condition: A fully developed area based on current approved land use plans or
"C" factor of 0.6 for remaining undeveloped land in a watershed.
Unbuildable Area: All areas outside of building envelopes and within open space.
Underbrush: Underbrush may include plant specie with stems of less than 1 inch DBH that are noxious,
nonmative, or invasive weeds or specie that are categorized as perennials, vines, shrubs, or that bear
thorns or are briars, or that are poisonous through contact with the skin, or any plant on the non-
protected plant specie list.
Understory: A ~ouping of native_ noninvasive low-level woody, herbaceous, or ~otmd covers species
with stems less than 1 inch dbh.
Undeveloped Floodplains: Areas within the FEMA 100-year floodplain, or other floodplain that is
undeveloped and in its natural state.
Upland Habitat: Areas, a minimum of ten acres is size, that contain remnants of the eastern Cross
Timbers Habitat.
U.S. Army Corps: United States Army Co~s of Engineers.
Use: The purpose or purposes for which land or a structure is designed, arranged, or intended, or to
which such land or structure is occupied, maintained, or leased.
Vegetation: All plant life; however, for the purposes of this Chapter shall be restricted to mean trees,
shrubs, ground cover, annuals, perennials, bulbs, grasses, vines, and aquatic plants, with the exception of
State and Federally protected and endangered vegetative specie which in all cases shall be preserved.
Veterinary Clinic: Facility for the temporary boarding and treatment of domestic animals, operated
under the supervision ora licensed veterinarian.
Vehicle Repair: A business providing vehicle repair and or body'work to the motoring public.
Vibration: A periodic displacement of the earth measured in inches.
Vision Clearance fi. tea: A triangular area on a lot at the intersection of two (2) streets or a street and a
railroad, two (2) sides of which are lot lines measured from the comer intersection of the lot lines for a
distance specified in these regulations. The third side of the triangle is a line across the comer of the lot
joining the ends of the other two sides. Where the lot lines or intersections have rounded comers, the lot
lines will be extended in a straight line to a point of intersection.
Water Related Habitats: Areas designated for wetland, tree and understory preservation and including
sigrfificant stands of predominately native water related habitat. These areas include wedands.
Wateffiody: Area that in a normal year has water flouring or standing above ground to the extent that
evidence of an ordinary high water mark is established. Wedands contiguous to the waterbody are
considered part of the waterbody.
Watershed: The land area(s) that contribute surface runoff or drainage to a water system or body.
Wedands: Jurisdictional wetlands as defined by the Federal Clean Water Act and the standards and
guidelines in use by the umted States Army Corps of Engineer, including the Federal Manual for
Identifying and Delineating Jurisdictional Wedands. Those areas that are inundated or saturated by suxface
or ground water (hydrology) at a frequency and duration sufficient m support, and that under normal
circumstances do support, a prevalence of vegetation, and are (hydtophytes) typically adapted for life in
saturated soil conditions (hydfic soils). Wetlands generally include swamps, marshes, bogs, and similar
Wholesale Nurseries: An area where plants are grown for transplanting, for use as stocks for budding
and grafting, or for sale in large quant/ties for resale purposes. The business may have up to 50% retail
sales in conjunct/on with the wholesale sees.
Wholesale Sales: A business engaged in the sale of commodities in large quantifies for resale purposes.
Wholesale Storage and Distribution: The storage and distribution of goods and merchandise produced
or manufactured off-premises for later skipment to retail or wholesale distributors.
Yaxd: A required open space located on the same lot as the principal structure, unoccupied and
unobstructed except for accessory uses and landscaping.
Yard, Front: A yard extended across the full width of and situated between the front lot line and the
principal structure line projected to the side lines of the lot, the depth of which shall be the least horizontal
distance between the front lot line and the structure line.
Yards Rear: A yard extending across the full width of the lot between the rearmost line of the principal
structure projected to the side lines of the lot and the rear lot line, the depth of which shall be the least
horizontal distance between the rear line of the principal structure and the rear lot line. In all cases, the rear
yard shall be at the opposite end of the lot from the front yard.
Yard, Side: A yard between the principal structure and the side lot line, extending from the front yard to
the rear yard. The width of the requited side yard shall be measuxed horizontally from the nearest point of
the side lot line to the principal structure. A comer lot shall have one front yard and one side yard.
(Amended Ord. No 2004~009, 01/06/2004)