2003-090S.Wur ~ocummis~OAinmoa~03VS10I-0001 tloc
ORDINANCE NO. ,5~ M 3-DID
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO LIMITATIONS
IN OFFICE SIZE IN THE RCC-N ZONING DISTRICT; PROVIDING FOR A PENALTY
CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (SI03-0001)
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 February 12, 2003, the Planning and Zoning Commission recommended approval of certain
changes to Subchapter 5 pertaining to limitations in office size in the RCC-N zoning district; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subchapter 5 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other
provisions of subchapter 5 not inconsistent with the amendment shall remain in full force and effect.
SECTION 2. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of ` &ek '2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1..~
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:2a ivv Ltip
PAGE 2
EXIBIT A
35.5.5 Regional Mixed Use Centers
Sections:
35.5.5.1 Purpose.
35.5.5.2 Permitted Uses.
35.5.5.3 General Regulations.
35.5.5.1 Purpose.
The purpose of Regional Mixed Use Centers is to create centers of activity including shopping, services,
recreation, employment and institutional facilities supported by and serving an entire region. Land Use
categories within Regional Mixed Use Centers include:
RCR-1 Regional Center Residential 1
RCR-2 Regional Center Residential 2
RCGN Regional Center Commercial Neighborhood
RCC-D Regional Center Commercial Downtown
35.5.5.2 Permitted Uses.
The following uses are permitted within Regional Mixed Use Centers:
Residential Land Use Categories
Agriculture
P
P
P
P
Livestock
L(7)
L(7)
L(7)
L(7)
Single Family Dwellings
N
N
N
N
Accessory Dwelling Units
N
N
N
N
Attached Single Family Dwellings
P
P
P
P
Dwellings Above Businesses
P
P
P
P
LiveMork Units
P
P
P
P
Duplexes
N
N
N
N
Community Homes For the Disabled
P
P
P
P
Group Homes
SUP
SUP
SUP
SUP
Multi-Family Dwellings
P
P
L(6)
L(6)
Manufactured Housing Developments
N
N
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
PAGE 3
Home Occupation
P
P
P
P
Sale of Products Grown on Site
N
N
N
N
Hotels
N
N
P
P
Motels
N
N
P
N
Bed and Breakfast
L(8)
L(9)
L(9)
P
Retail Sales and Service
L(17)
L(17)
L(13)
P
Theaters Less than 1,000 seats
N
N
P
P
Restaurant or Private Club
L(11)
L(11)
P
P
Drive-through Facility
N
N
P
P
Professional Services and Offices
L(15)
L(14)
P
Quick Vehicle Servicing
N
N
P
P
Vehicle Repair
N
N
N
P
Auto and RV Sales
N
N
N
P
Laundry Facilities
P
P
P
P
Equestrian Facilities
N
N
N
N
Outdoor Recreation
SUP
SUP
N
N
Indoor Recreation
N
N
P
P
Major Event Entertainment
N
N
SUP
SUP
Commercial Parking Lots
N
N
P
P
Administrative or Research Facilities
SUP
SUP
L(14)
P
Broadcasting of Production Studio
SUP
SUP
P
P
Sexually Oriented Business
N
N
N
N
Temporary Uses
L(38)
L(38)
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
PAGE 4
Industrial Land Use Categories
Printing / Publishing
RCR-11
N
N
N
N
Bakeries
N
N
L(21)
P
Manufacture of Non-odoriferous Foods
N
N
N
N
Feed Lots
N
N
N
N
Food Processing
N
N
N
N
Light Manufacturing
N
N
N
L(23)
Heavy Manufacturing
N
N
N
N
Wholesale Sales
N
N
N
N
Wholesale Nurseries
N
N
N
N
Distribution Center
N
N
N
N
Wholesale Storage and Distribution
N
N
N
N
Self-service Storage
N
N
N
N
Construction Materials Sales
N
N
N
N
Junk Yards and Auto Wrecking
N
N
N
N
Kennels
N
N
N
N
Veterinary Clinics
SUP
SUP
L(14)
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
Gas Wells
SUP
L(27)
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
PAGE 5
Basic Ublities
SUP
SUP
SUP
SUP
Community Service
P
P
P
P
Parks and Open Space
P
P
P
P
Churches
P
P
P
P
Semi-public, Halls, Clubs, and Lodges
P
P
P
P
Business / Trade School
N
N
L(14)
P
Adult or Child Day Care
P
P
P
P
Kindergarten, Elementary School
P
P
P
N
Middle School
P
P
P
P
High School
SUP
SUP
P
P
Colleges
N
N
P
P
Hospital
N
N
P
P
Elderly Housing
P
P
P
P
Medical Centers
SUP
SUP
P
P
Cemeteries
N
N
N
N
Mortuaries
N
N
P
P
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
PAGE 6
35.5.5.3 General Regulations.
General regulations of the Regional Mixed Use Centers are contained in the table below:
General Regulations
RCR-1
RCR-
Minimum lot area (square feet)
None
one
None
None
Minimum lot width
50 feet
20 feet
20 feet
None
Minimum lot depth
80 feet
60 feet
50 feet
None
Minimum front yard setback
10 feet
10 feet
10 feet
None
Minimum side yard
6 feet
6 feet
6 feet
None
Minimum side yard adjacent to a street
10 feet
10 feet
6 feet
None
10 feet
10 feet
plus 1
plus 1
footfor
foot for
each
each
Minimum rear yard
foot of
foot of
None
None
building
building
height
height
above
above
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
plus 1
plus 1
plus 1
plus 1
foot for
footfor
footfor
footfor
Minimum yard abutting a single family
each
each
each
each
use or district
foot of
foot of
foot of
foot of
building
building
building
building
height
height
height
height
above
above
above
above
30 feet
30 feet
30 feet
30 feet
Minimum residential unit size
600 SF
500 SF
500 SF
500 SF
Maximum FAR
0.50
0.75
1.5
3.0
Maximum Density, dwelling units per
30
40
80
100
acre
Maximum Lot Coverage
55%
75%
85%
90%
Minimum Landscaped Area
45%
75%
15%
10%
Maximum building height
40 feet
50 feet
65 feet
100 feet
PAGE 7