2002-347ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE NRMU-12
AND NRMU ZONING DISTRICTS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM
FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE;
AND AN EFFECTIVE DATE. (SI02-0010).
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, as a part of a quarterly review of the Development Code, and after conducting a
public hearing as required by law, the Planning and Zoning Commission has recommended certain
changes to Subchapter 5 pertaining to the NRMU-12 and NRMU zoning districts; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds that
the subject changes to the Development Code are consistent with the Comprehensive Plan and are in
the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subchapter 5 of the Development Code is hereby amended in part as particularly
described in Exhibit "A" attached hereto and made a part hereof by reference. All other provisions of
Subchapter 5 not inconsistent with this amendment shall remain in full force and effect.
SECTION 2. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this ordinance,
or application there of to any person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and
City Council of the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas,
within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 2002.
&&~ &4L
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CIT}; ATTORNEY
BY:
Page 2 of 8
Exhibit "A"
Subchapter 5
35.5.2 Neighborhood Residential
Sections:
35.5.2.1 Purpose.
35.5.2.2 Permitted Uses.
35.5.2.3 General Regulations.
35.5.2.4
35.5.2.1 Purpose.
The purpose of the Neighborhood Residential land use is to preserve and protect existing
neighborhoods and to ensure that any new development is compatible with existing land uses,
patterns, and design standards. Land Use categories within the Neighborhood Residential areas
include:
NR-1 Neighborhood Residential 1
NR-2 Neighborhood Residential 2
NR-3 Neighborhood Residential 3
NR-4 Neighborhood Residential 4
NR-6 Neighborhood Residential 6
NRMU-12 Neighborhood Residential Mixed Use 12
NRMU Neighborhood Residential Mixed Use
35.5.2.2 Permitted Uses.
The following uses and their accessory uses are permitted within the Neighborhood Residential
districts:
Categories Residential Land Use Agriculture
P
P
P
P
P
P
P
Livestock
L(7)
L(7)
L(7)
L(7)
L(7)
L(7)
L(7)
Single Family Dwellings
P
P
P
P
P
P
N
Accessory Dwelling Units
SUP
L(1)
SUP
L(1)
SUP
L(1)
SUP
L(1)
SUP
L(1)
L(1)
N
Attached Single Family Dwellings
N
N
SUP
SUP
P
P
SUP
L(40
Dwellings Above Businesses
N
N
N
N
N
P
P
LiveNVork Units
N
N
N
N
L(16)
P
P
Duplexes
N
N
N
L(3)
P
P
N
Community Homes For the Disabled
P
P
P
P
P
P
P
Group Homes
N
N
N
N
N
SUP
SUP
Multi-Family Dwellings
N
N
N
N
N
P
SUP
L(4)
Manufactured Housing Developments
N
SUP
N
N
SUP
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
1
Commercial Land Use Categories
Home Occupation
NR-1
P
INIR-2
P
NR-3
P
NR-4
P
NR-6
P
NRMU- ~
12
P
NRMU
P
Sale of Products Grown on Site
N
N
N
N
N
N
N
Hotels
N
N
N
N
N
N
P
Motels
N
N
N
N
N
N
N
Bed and Breakfast
N
N
N
N
N
L(10)
P
Retail Sales and Service
N
N
N
N
N
L(14)M
L(17)
Theaters Less than 1,000 seats
N
N
N
N
N
N
L(14)
Restaurant or Private Club
N
N
N
N
N
N
L(11)
Drive-through Facility
N
N
N
N
N
N
N SUP
Professional Services and Offices
N
N
N
N
N
L(46)U4
L(17)
Quick Vehicle Servicing
N
N
N
N
N
N
N SUP
Vehicle Repair
N
N
N
N
N
N
N
Auto and RV Sales
N
N
N
N
N
N
N
Laundry Facilities
N
N
N
N
N
P
P
Equestrian Facilities
SUP
SUP
N
N
N
N
N
Outdoor Recreation
P
P
P
P
P
SUP
SUP
Indoor Recreation
N
N
N
N
N
N
N
Major Event Entertainment
N
N
N
N
N
N
N
Commercial Parking Lots
N
N
N
N
N
N
N
Administrative or Research Facilities
N
N
N
N
N
N
L(14)
Broadcasting of Production Studio
N
N
N
N
N
N
L(14)
Sexually Oriented Business
N
N
N
N
N
N
N
Temporary Uses
L(38)
L(38)
L(38)
L(38)
L(38)
L(38)
L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
lindUstrial Land Use Categories
Printing / Publishing
N
N
N
N
N
N
N
Bakeries
N
N
N
N
N
N
L(21)
Manufacture of Non-odoriferous Foods
N
N
N
N
N
N
N
Feed Lots
N
N
N
N
N
N
N
Food Processing
N
N
N
N
N
N
N
Light Manufacturing
N
N
N
N
N
N
N
Heavy Manufacturing
N
N
N
N
N
N
N
Wholesale Sales
N
N
N
N
N
N
N
Wholesale Nurseries
N
N
N
N
N
N
N
Distribution Center
N
N
N
N
N
N
N
Wholesale Storage and Distribution
N
N
N
N
N
N
N
Self-service Storage
N
N
N
N
N
N
N
Construction Materials Sales
N
N
N
N
N
N
N
Junk Yards and Auto Wrecking
N
N
N
N
N
N
N
Kennels
L(37)
L(37)
N
N
N
N
N
Veterinary Clinics
L(14)
L(14)
N
N
N
N
P
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
N
N
N
N
N
Gas Wells
L(27)
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
SUP
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
Institutional Land Use Categories
Basic Utilities
NR-11
L(25)
NR-2
L(25)
NR-3
L(25)
NR-4
L(25)
NR-6
L(25)
NRMU-
12
L(25)
L(25)
Community Service
N
N
N
N
N
P
P
Parks and Open Space
P
P
P
P
P
P
P
Churches
P
P
P
P
P
P
P
Semi-public, Halls, Clubs, and Lodges
SUP
SUP
SUP
SUP
SUP
L(15)
P
Business / Trade School
N
N
N
N
N
N
L(14)
Adult or Child Day Care
SUP
SUP
SUP
SUP
SUP
P
P
Kindergarten, Elementary School
SUP
SUP
SUP
SUP
SUP
P
P
Middle School
N
N
N
N
N
P
P
High School
N
N
N
N
N
N
SUP
Colleges
N
N
N
N
N
N
N
Hospital
N
N
N
N
N
N
N
Elderly Housing
N
N
N
N
SUP
L(13)
P
Medical Centers
N
N
N
N
N
N
P
Cemeteries
N
N
N
N
N
N
N
Mortuaries
N
N
N
N
N
N
N
P= Permitted, N=not permitted, SUP= Speck Use Permit Required, L(X) = Limited as defined in Section 35.5.8
35.5.2.3 General Regulations.
General regulations of the Residential Neighborhood land use zone are contained in the table
below:
The followine limits apply to subdivision of 2 acres or less:
Geneial Regulations
Minimum lot area (square feet)
NR-l
32,000
NR-2
16,000
NR-3
10,000
NR-4
7,000
NR-6
NRMU-
3,500
2,500
Minimum lot width
80 feet
80 feet
60 feet
50 feet
F
30 feet
20 feet
Minimum lot depth
100 feet
100 feet
80 feet
80 feet
80feet
80 feet
50 feet
Minimum front yard setback
20 feet
20 feet
15 feet
L(2)
20 feet
L(2)
10 feet
None
Minimum side yard
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
Minimum side yard adjacent to a street
10 feet
10 feet
10 feet
10 feet
10 feet
10 feet
None
Minimum rear yard
10 feet
10 feet
10 feet
10 feet
10 feet
10 feet
None
The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and
dimension requirements:
Maximum density, dwelling units per acre
2 1 3.5 1 4 1 6 1 12 1 30
Minimum side yard for non-attached I 20 feet 10 feet 6 feet I 5 feet 4 feet I 10 feet I 12 feet
buildings
The following limits apply to all buildings:
Gen ef il Regula tions
NR- I
NR-2
NR-3
NR-4
NR-6
NRMU-
12
NRMU
Maximum lot coverage
30%
30%
50%
60%
60%
60%
80%
Minimum landscaped area
70%
70%
50%
40%
40%
40%
20%
Maximum building height
40 feet
40 feet
40 feet
40 feet
40 feet
40 feet
65 feet
10 feet
10 feet
10 feet
10 feet
10 feet
15 feet
20 feet
plus 1
plus 1
plus 1
plus 1
plus 1
plus 1
plus 1
footfor
footfor
footfor
foot for
foot for
foot for
foot for
each
each
each
each
each
each
each
Minimum yard when abutting a single-
foot of
foot of
foot of
foot of
foot of
foot of
foot of
family use or district
building
building
building
building
building
building
building
height
height
height
height
height
height
height
above
above
above
above
above
above
above
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
5
35.5.8 Limitations
The following define the limitations to zoning uses when the zoning matrix identify a use as
permitted, but limited
L(11) - Limited to sit down only, no take out -sores and no drive up service permitted. Limited
to no more than 100 seats and no more than 4,000 square feet of restaurant area.
L(40) - Limited to a maximum of 12 units per acre.