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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.