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2002-040
%(+$1$%$1$-"$%.1, 2002040 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$Ș2ș#§º«(´¯º¯§²¹ OrdinanceNo.2002201ɋAdditionofSubchapter15ɋ SignsandAdvertisingDevices06/18/02JR OrdinanceNo.2002322ɋAmendmenttoSubchapter7ɋ AdditionofHistoricConservationDistricts09/17/02JR OrdinanceNo.2002347ɋAmendmenttoSubchapter510/15/02JR OrdinanceNo.2002348ɋAmendmenttoSubchapter510/15/02JR OrdinanceNo.2003090ɋAmendmenttoSubchapter503/25/03JR OrdinanceNo.2003165ɋAmendmenttoSubchapter906/03/03JR OrdinanceNo.2003376ɋAmendmenttoSubchapter511/18/03JR OrdinanceNo.2003377ɋAmendmenttoSubchapter1211/18/03JR OrdinanceNo.2004009ɋAmendmenttoSubchapters5and2301/06/04JR OrdinanceNo.2004059ɋAmendmenttoSubchapters3,16,17&2203/02/04JR OrdinanceNo.2004125ɋAdditionofSubchapter2404/20/04JR OrdinanceNo.2004233ɋAmendmenttoSubchapter708/17/04JR OrdinanceNo.2004332ɋAmendmenttoSubchapters3,13&2310/19/04JR OrdinanceNo.2005066ɋAmendmenttoSubchapter3502/22/05JR OrdinanceNo.2005099ɋAmendmenttoSubchapter3503/22/05JR OrdinanceNo.2005100ɋAmendmenttoSubchapters5&2303/22/05JR OrdinanceNo.2005176ɋAmendmenttoSubchapter1406/21/05JR OrdinanceNo.2005223ɋAmendmenttoSubchapters16&2208/16/05JR OrdinanceNo.2005224ɋAmendmenttoSubchapters5,13,14&2308/16/05JR OrdinanceNo.2005228ɋAmendmenttoSubchapter1608/30/05JR OrdinanceNo.2005243ɋAmendmenttoSubchapter1209/06/05JR OrdinanceNo.2005244ɋAmendmenttoSubchapter2309/06/05JR OrdinanceNo.2005366ɋAmendmenttoSection35.13.712/06/05JR OrdinanceNo.2006011ɋAmendmenttoSection35.13.701/03/06JR OrdinanceNo.2006078ɋAmendmenttoSection35.4.403/07/06JR OrdinanceNo.2006085ɋAmendmenttoSections35.5&35.703/21/06JR OrdinanceNo.2006125ɋAmendmenttoSubchapter1605/02/06JR FILE REFERENCE FORM 2002-040 OrdinanceNo.2006139ɋAmendmenttoSubchapter705/16/06JR OrdinanceNo.2006201ɋAmendmenttoSubchapters13and2307/18/06JR OrdinanceNo.2006221ɋAmendmenttoSections35.13.7and35.2308/01/06JR OrdinanceNo.2006252ɋAmendmenttoSubchapters3,13and1709/12/06JR OrdinanceNo.2006303ɋAmendmenttoSubchapter35.7and35.2310/17/06JR OrdinanceNo.2006322ɋAmendmenttoOrdinanceNo.200522411/07/06JR OrdinanceNo.2006349ɋAmendmenttoSubchapters35.12and35.2312/12/06JR OrdinanceNo.2006363ɋAmendmenttoSubchapter35.1312/19/06JR OrdinanceNo.2007070ɋAmendmenttoSubchapter35.1603/27/07JR OrdinanceNo.2007095ɋAmendmenttoSubchapter35.7,35.13&35.2305/01/07JR OrdinanceNo.2007096ɋAmendmenttoSubchapter35.1605/01/07JR OrdinanceNo.2007110ɋAmendmenttoSubchapter35.7.1305/15/07JR OrdinanceNo.2007238ɋAmendmenttoSubchapter35.11.710/02/07JR OrdinanceNo.2007249ɋAmendmenttoSubchapter2310/16/07JR OrdinanceNo.2008018ɋAmendmenttoSubchapter7.1301/08/08JR OrdinanceNo.2008019ɋAmendmentstoSubchapter35.1601/08/08JR OrdinanceNo.2008134ɋAmendmentstoSubchapter35.15.1006/17/08JR OrdinanceNo.2008136ɋAmendmenttoSubchapter706/17/08JR OrdinanceNo.2008158ɋAmendmentstoSubchapter14and2307/15/08JR OrdinanceNo.2008284ɋAmendmenttoSubchapter35.7.1311/04/08JR OrdinanceNo.2008318ɋAmendmenttoSubchapters5and2312/09/08JR OrdinanceNo.2008320ɋAmendmenttoSubchapters18and2312/09/08JR OrdinanceNo.2009017ɋAmendmenttoSubchapters3and1601/06/09JR OrdinanceNo.2009082ɋAmendmenttoSubchapters12,13,and2304/07/09JR OrdinanceNo.2009083ɋAmendmenttoSubchapters13and2304/07/09JR OrdinanceNo.2009101ɋAmendmenttoSubchapters12and2304/21/09JR OrdinanceNo.2009115ɋAmendmenttoSubchapters5and2305/05/09JR OrdinanceNo.2009116ɋAmendmenttoSubchapter2305/05/09JR OrdinanceNo.2009117ɋAmendmenttoSection35.7.1305/05/09JR OrdinanceNo.2009148ɋAmendmenttoSubchapters6,12and1306/16/09JR OrdinanceNo.2009169ɋAmendmenttoSubchapter35.7.1307/21/09JR OrdinanceNo.2010076ɋAmendmenttoSubsection35.14.3.B03/02/10JR OrdinanceNo.2010158ɋAmendmenttoSubchapter706/15/10JR OrdinanceNo.2010181ɋAmendmenttoSubchapters3,16,22and2307/20/10JR OrdinanceNo.2010182ɋAmendmenttoSection35.7.5 (FryStreetSpecialPurposeOverlayDistrict)07/20/10JR FILE REFERENCE FORM 2002-040 OrdinanceNo.2010183ɋSupersedesandrepealsSection4ofOrdinance 201018108/02/10JR OrdinanceNo.2010195ɋAmendmenttoSubchapter508/17/10JR OrdinanceNo.2010196ɋAmendmenttoSubchapters3,16,22,and2308/17/10JR OrdinanceNo.2011088ɋAmendmenttoSubchapter35.505/17/11JR OrdinanceNo.2011089ɋAmendmenttoSubchapters13,20and2305/17/11JR OrdinanceNo.2011125ɋAmendmenttoSubchapters14and2308/02/11JR OrdinanceNo.2011225ɋAmendmenttoRayzorRanchOverlayDistrictɋ Section35.7.1511/01/11JR OrdinanceNo.2011235ɋAmendmenttoSubchapter4(additionofSection 35.4.4.3)11/15/11JR OrdinanceNo.2012155ɋAmendmenttoSubchapter35.5,35.12,35.14and 35.2307/17/12JR OrdinanceNo.2012172ɋAmendmenttoSubchapter35.1208/07/12JR OrdinanceNo.2012335ɋAmendmenttoSubchapter35.3.812/04/12JR OrdinanceNo.2013014ɋAmendmenttoSubchapter22ɋGasWellDrilling andProduction01/15/13JR OrdinanceNo.2013045ɋAmendmenttoSubchapter35.702/05/13JR OrdinanceNo.2013130ɋAmendmenttoSubchapter3(additionofSection 35.3.4.A.6)05/07/13JR OrdinanceNo.2013183ɋAmendmenttoSubchapter35.5.8(Limitation L(17))07/16/13JR OrdinanceNo.2013197ɋAmendmenttoSections35.12and35.2308/06/13JR OrdinanceNo.2013303ɋAmendmenttoSubchapter35.13.7.B.210/15/13JR OrdinanceNo.2013313ɋAmendmenttoSection35.7.6.10D11/05/13JR OrdinanceNo.2013352ɋAmendmenttoSubchapter2212/17/13JR OrdinanceNo.2014084ɋ2»¨¹«©º¯µ´¹35.12.11.A,35.22.5.Cand35.22.6.B.3.q. arerepealed,amendmenttoSubsection35.22.203/18/14JR OrdinanceNo.2014139ɋAmendmenttoSubchapter35.5.7.305/06/14JR OrdinanceNo.2014406ɋSupersedingSubchapter35.1512/01/14JR OrdinanceNo.2015010ɋAmendmenttoSubchapter35.5and35.2301/06/15JR OrdinanceNo.2015219ɋAmendmenttoSubchapter35.507/21/15JR OrdinanceNo.2015233ɋAmendmenttoSubchapter5,16,and2208/04/15JR OrdinanceNo.2015252ɋAmendmenttoSection35.13.7.A.7.e08/18/15JR OrdinanceNo.2016017ɋAmendmenttoSubchapter7.1501/26/16JR OrdinanceNo.2016056ɋAmendmenttoSubchapters3,5,and2402/16/16JR OrdinanceNo.2016080ɋAmendmentto35.7.9.5.I.1,35.7.10.5.F,and 35.7.13.5.I.103/01/16JR FILE REFERENCE FORM 2002-040 OrdinanceNo.2016311ɋAmendmenttoExhibitsB1andB4ofRayzor RanchOverlayDistrictinSubchapter35.7.1510/11/16JR OrdinanceNo.2016312ɋAmendmenttoSection35.7.1510/11/16JR OrdinanceNo.2017071ɋSections3435,3436,and3437arerepealedand amendmenttoSubchapter35.302/21/17JR OrdinanceNo.2017186ɋAmendmenttoSubsection35.506/20/17JR OrdinanceNo.2017288ɋAmendmenttoSubchapter35.5andSubchapter 35.2309/28/17TJ OrdinanceNo.2017327ɋAmendmenttoSubchapter35.7.1510/17/17JR 10/24/17JR OrdinanceNo.2017329ɋAmendmenttoTransportationDesignCriteriaManual OrdinanceNo.2017330ɋAmendmenttoWater&WastewaterDesignCriteria 10/24/17JR Manual 02/20/18JR OrdinanceNo.DCA180001aɋAmendmenttoSubchapter5 OrdinanceZ180001bɋAmendmenttoSection35.7.15andadditionofExhibitC4 03/06/18JR toRayzorRanchOverlayDistrict 03/20/18JR OrdinanceNo.18376ɋAmendmenttoDrainageDesignCriteriaManual 03/20/18JR OrdinanceNo.18430ɋAmendmenttoTransportationDesignCriteriaManual OrdinanceNo.DCA170011dɋAmendmentstoSubchapters35.3,35.17and 35.2304/03/18JR OrdinanceNo.DCA180002aɋAmendmenttoSubchapter504/17/18JR OrdinanceNo.DCA180003aɋAmendmenttoSubchapter35.1405/22/18JR OrdinanceNo.DCA180005dɋAmendmenttoSubchapter35.3.412/18/18JR OrdinanceNo.DCA180008eɋAmendmenttoSubchapters13and17ɋ TreePreservation,LandscapeStandards,andEnvironmentallySensitive AreaStandards03/19/19JR OrdinanceNo.DCA180007eɋAddSubchapter35.25TheDentonSquare District;addSection35.35.2.1.2.ADesignStandardsReviewProcedures; addTable35.25.2.10ASummaryofDevelopmentReviewProcedures;add Section35.25.2.10DesignStandardsReviewProcedures;andaddSection 35.25.4.10TheDentonSquareDistrict06/04/19JR OrdinanceDCA190004eɋAmendmentstoSubchapters5,8,14,and2306/04/19JR s:w�, oo���muwminN�awawrr.mpmrn� coacro.i neoqion doo ORDINANCE NO. �OD� D AN ORDINANCE APPROVING AND ADOPTING THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S ZONING AND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE DENTON PLAN, 1999- 2020, AND PURSUANT TO ORDINANCE NO. 2001-135, AS AMENDED; PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE OF FEBRUARY 20, 2002. WHEREAS, the Denton City Council pursuant to its home rule powers and Section 213 of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton Plan 1999- 2020; and WHEREAS, the Denton Plan, 1999-2020, contains policies, goals and strategies related to industrial, commercial and residential land use, growth management, housing and open space provisions; and WHEREAS, pursuant to its authority under federal and state law, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, the City Council has previously appointed a Ciry of Denton Code Committee to undergo the process of recommending comprehensive development regulations that are consistent with the policies set forth in the Denton Plan 1999-2020; and WHEREAS, the Denton City Chazter and the Code of the City of Denton, Texas do not set forth a procedure for the City of Denton for the adoption of comprehensive development regulations to implement a new comprehensive plan; and WHEREAS, the City has advertised, posted and provided notices of public heazings on the proposed comprehensive development regulations, the Denton Development Code including written notices, to the owners of property within the City of Denton according to the tax rolls of the Denton County Appraisal District; and WHEREAS, during the public meetings and public heazings, the Planning and Zoning Commission and the City Council have received public comment on the Denton Development Code; and WHEREAS, pursuant to Ordinance 2001-135, as amended, a final joint public hearing ofthe Planuing and Zoning Commission and the City Council concerning the adoption of this ordinance was held; and Page 1 s:wor oo�ommuwiaiom�nwzNeveve�wmmi ade-rmm neoqfuueo� WHEREAS, after the fmal joint public hearing, the Planning and Zoning Commission submitted its report with its recommendation and suggested changes to the Ciry Council on the Denton Development Code; and WHEREAS, after receiving the Planning and Zoning report on the Denton Development Code, the City Council made changes in the Denton Development Code warranted by law or in the public interest; and WHEREAS, the City Council of the City of Denton desires to adopt the Denton Development Code, attached as "Exhibit A", the comprehensive rewrite of the City of Denton's development regulations. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of tlus ordinance aze incorporated herein as if fully set forth within the body of this ordinance. SECTION 2. The provisions of the Denton Development Code, attached as "Eachibit A" aze incorporated as development regulations and standards as permanent revisions to the City's Code of Ordinances of the City of Denton, Texas that implement the policies, goals and strategies contained in the adopted Comprehensive Plan conceming industrial, commercial, and residential land use, growth management, housing and provision of open space. These development regulations shall supersede conflicting provisions of the Code of Ordinances of the City ofDenton, Texas, including in particulaz and without limitation Chapter 34, Subdivisions, and Chapter 35, Zoning. SECTION 3: It is hereby officially found and determined that the meeting at wluch this Ordinance was passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by law. SECTION 4. That this ordinance shall be cumulative of all other ordinances of the City of Denton and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of tlus ordinance, and the Ciry Council of the City of Denton, Texas, hereby declazes it would have enacted such remaining portions despite any such invalidity. SECTION 6. That save and except as amended hereby, all the provisions, sections, subsections, pazagraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. Page 2 S: W ur Oocummu�ANi�a \OE \Owwelopmml CaticPwal Atlogion.tloc SECTION 7. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 8. That this ordinance shall become effective on February 20, 2002 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ��c day of 12002. ATTEST: JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: '/'C'✓� Page 3 EULINE BROCK, MAYOR City of Denton Development Code February 20, 2002 Table of Contents .............. ......... .......,,,,..,,,..,...,..,. Development Code TABLE OF CONTENTS SUBCHAPTER 1 - PREAMBLE, PURPOSE, APPLICATION AND ENFORCEMENT ................... .......... 1 35.1.1 PREAMBLE ............................................................................................... .....................-- ...,,.,, 1 35.1.2 PURPOSE ................................................................................................... ..............................1 35.1.3 SHORT CHAPTER ....................................................................................... ............................... 1 35.1.4 RULES OF CONSTRUCTION . ............................................................................. ..... „.,....,,.,.,,..,.,.. 1 35.1.5 APPLICATION OF THIS CHAPTER .................................................................. ............................... 2 35.1.6 INCONSISTENT PROVISIONS ......................................................................... ...........,,..........,....... 3 35.1.7 CONFLICT WITH PRIVATE RESTRICTIONS ..................................................... ............................... 3 35.1.8 SEVERABILITY ............................................................................................. ..............................4 35.1.9 EFFECTIVE DATE ........................................................................................ ............................... 4 35.1.10 ENFORCEMENT AND PENALTY ..................................................................... ........... „,...............,.. 4 35.1.10.1 Compliance Required..... „. ...... ., —. — ........ — .............. . -- ....... _.. ..,....., 4 35.1.10.2 Notice of Intent to Suspend or Revoke ......................................... ..._..,....... ---- ..,...,... .............................., 4 351.10.3 Suspension and Revocation of a Variance or Special Exception. .. ......... - ......... ............... .......... .. ... . 4 35,110.4 Enforcement and Penalties .................................................... ..................... .. —.,..,,..,,.... ...,.....— ........,._.......... 5 SUBCHAPTER2 - OFFICIAL MAPS .................. ............................... ............... . .......... ........ ...,......... 7 35.2.1 COMPLIANCE REQUIRED ........................................................ ................ ...... . „,,.,..., „,................... 7 35.2.2 CLASSIFICATION OF DISTRICTS . .................................................. ................ ...... „............. .,......... 7 35.2.3 OFFICIAL ZONING MAP ............................................................................... ............................... 8 35.2.4 DISTRICT BOUNDARIES ........................ ............................... ........ - ........ ................. .,_, ,,..,,.,,,... 9 35.2.5 DIGITAL MAPPING . .................................................................... ---- ..... . ........................ „..,... 9 35.2.6 CHANGES TO THE ZONING MAP .......................................................... „.,..,,.. ,....... ......... .............. 9 SUBCHAPTER3 - PROCEDURES ......................................................... ......................,.......................... 10 35.3.1 PURPOSE .................................................................................................. .........................„,,.10 35.3.2 PROCEDURES AND APPLICATION REQUIREMENTS ..................................... ............................... 10 35.3.3 DENTON PLAN AMENDMENT PROCEDURE .............................. ......... ........... .... „ „......................... 11 35.3.4 ZONING AMENDMENT PROCEDURE ............................................................ ............................... 12 35.3.5 PLANNING AND ZONING COMMISSION PROCEDURE . ............. --- ...... ................. .............. „.,,.... 14 35.3.6 BOARD OF ADJUSTMENT PROCEDURE ...................................................... ............................... 15 35.3.7 STAFF REVIEW PROCEDURE ................................................... .,,,.,.,.,........ ..........,........ ....,,.,.... 17 35.3.8 LOCAL PERMIT PROCEDURE ..................................................................... ............................... 18 35.3.9 RELIGIOUS FREEDOM PROCEDURES . .................................... „................. .. ........... .,.,.,,,.,,. ..... ,.. 20 SUBCHAPTER 4 - BOARDS, COMMISSIONS AND COMMITTEES ........ ............................................ 21 35.4.1 PLANNING AND ZONING COMMISSION .................................. ..... ....... ..... ....... ..................... „..,... , 21 35.4.1.1 Operational Procedures ...... .........._....,.... ....... .,.. .... ,.... ........ ,.. .. ........... , ,. , .,.,... , ,.. ,,..,, 21 35.4.1.2 Powers and Duties of the Planning and Zoning Commission..._. ....... ....... „. ..., ................................ — 22 35.4.2 BOARD OF ADJUSTMENT .......................... ...,. .,...,. „..,...,. .. ......... ........... 22 35.4.2.1 Operational Procedures .................... .......... ...... .... ......... ...... .. ,.,..... 23 35.4.2.2 Powers and Duties of the Board of Adjustment ......... .. . ...... ... „,,.. .... ....,..., 24 35.4.3 HISTORIC LANDMARK COMMISSION ........... ......... ......... ........ ...... „„ ........,.........., .........,. 24 Table of Contents .. ...................................................... .... „... „.., „,..,............ Development Code 35.4.3.1 Operational Procedures . ............................. ................................._......,..,,._....,,.......,....,...... .......,..,....,............. 25 35.4.3.2 Powers and Duties of the Historic Landmark Commission ................................................. .......................... „,... 25 35.4.4 DEVELOPMENT REVIEW COMMITTEE ......................................................... ........................ „,.,.., 26 35.4.4.1 Operational Procedures. ...... .......... ____ . ........... — .......... . .,...... ........ ......... ......... ...... — _.......,.. .... 27 35.4.4.2 Powers and Duties of the Development Review Committee .............................................. ............................... 27 SUBCHAPTER 5 —ZONING DISTRICTS AND LIMITATIONS .................................... ............................... 29 35.5.1 RURAL DISTRICTS ... ........ ........ .................... .................................. ............................... 29 35.5.1.1 Purpose ............. ............................... ......... ......... ......... ....... .. .. ....... ......... .. ... .. .. ............. 29 35.5.1.2 Permitted Uses .................... ...... .. ... ...... ......... .. ... .... .. ........ . .... .. ,.......,.29 35.2.1.3 General Regulations .......... ........... .......... ...... _,. ........ ..,,. ...... ....... , 33 35.5.2 NEIGHBORHOOD RESIDENTIAL ....... ................. „.. ....., „.. ............ „.,...,., „..,...,. ,..,....,. 35 35.5.2.1 Purpose.... .,. ...... . ........ . . ........ ......... ........ ...... ..,,..... _ ........... � 35 35.5.2.2 Permitted Uses ....... ............................... _........ ...... „ . ,. .,.. ..,... .. .,....... 35 35.5.2.3 General Regulations .......................... ........... ......... ........ . ........... ......... ......... ......... —... 39 35.5.3 DOWNTOWN UNIVERSITY CORE ..... ......... ......... ......... ......... ......... ......... ......... .......... 41 35.5.3.1 Purpose .... ........ .......... ......... ,. ....... ........ .. ...... ____ .......... ......... ... ..,.....41 35.5.3.2 Permitted Uses . .......................................... ._...,.... .,....., ...,..,..... .. „ .........,,....,,.. ,, .,.,,...41 35.5.3.3 General Regulations ......... _ .. ... ... .. . ..... ......... ......... 45 35.5.4 COMMUNITY MIXED USE CENTERS ............................................................ ............................... 47 35.5.4.1 Purpose ............................... ......... .......... ,. ,.. , ..,. ,. ..._ ........... ,, ... ,. ..., , ,..... 47 35.5.4.2 Permitted Uses ...... ............................... ..... ,,..,..,..,, . ..... , , ............... .. .. „ ...... ... ,...., __ ...... ,.. 47 35.5.4.3 General Regulations. .............. .. ... ... ....... ....... .. .... _, ,., ,. ..,... ...... _. ,..,. ,,. .. ...... ___ ... 51 35.5.5 REGIONAL MIXED USE CENTERS .............................................................. ............................... 53 35.5.5.1 Purpose. ,,, ....... .............. ..... .... .. .... ... ...... .... ......... ............... .. . ,..,.......,...... . , ..,.. ,.., 53 35.5.5.2 Permitted Uses . ............................... ....... , ....... .....- ...... ....... ....,..,... ....... .... 53 35.5.5.3 General Regulations ................... .... .......... ........ .... ...... .......,, .... ,. ... .,....... ....,...57 35.5.6 EMPLOYMENT CENTERS ....... .a,,,..,. ...... ......... ......... ......... .......... ......... 59 35.5.6.1 Purpose . ............................... .... .....,.. _ .. ...,...,,. .. _.. , ., .. ,,..... 59 35.5.6.2 Permitted Uses . ........... ..._,. ..... ......... ............. , ............. ,, ..,.,.., ......... ..... .._...,.....,, .....59 35.5.6.3 General Regulations ............. ........ .. ....._... ................ . ......... .......... .................... ....,. ,.... 63 35.5.7 INDUSTRIAL CENTERS .......... ......... ......... ......... ......... ......... .................... 65 35.5.7.1 Purpose .................. .. ........... ...... ... ... ... ........ .. ....... ,....... . ... ......... _ ....,.,., .- ....,... ......... ,,.65 35.5.7.2 Permitted Uses ....... ....... .. ....... ............... ... .......... ............... .. . ....... .. ... ...... ......... - .,,..... ,,. 65 35.5.7.3 General Regulations. ......... ......... ..... — ....... ..,._ .. ..., ..,.. 69 35.5.8 LIMITATIONS ........... .......... ........ ............ .. ......... ......... ......... .,..,........,..... 70 SUBCHAPTER 6 — SPECIFIC USES ............................ ............................... ......... .......... ............ ...... 7 35.6.1 GENERAL ......................................... ............................... ......... ............. ............. ...... .....73 35.6.4 PLAN REQUIREMENTS . .............................................................. ___ ... .... . .... ............. ........ _..... 73 35.6.5 APPROVAL CRITERIA . ................................................................ ...................... .......... ...,......... „ 73 35.6.6 CONDITIONS ............................................... ............................... ......... ......... ......... 74 35.6.7 REVOCATION; ABANDONMENT .......... ............................... ......... ......... ......... ......... ......... 7 SUBCHAPTER 7 — SPECIAL PURPOSE AND OVERLAY DISTRICTS.................................... .o. .,..,.,.. 77 35.7.1 PURPOSE .................................................................................................. .............................77 35.7.2 GENERAL STANDARDS ............................................................................. ............................... 77 35.7.3 CREATION OF SPECIAL PURPOSE AND OVERLAY DISTRICTS ... ............. „... „..,...,....,. 77 35.7.4 DENTON MUNICIPAL AIRPORT OVERLAY DISTRICT ........................„..,.„,,,,,,, ,,,.,,,a.,,,,,, „,............,. 78 35.7.4.1 Purpose and intent ................. ............ . . .... ...... . ... ........ . ... —. ... ___ .......... . ,..... ................., 78 35.7.4.2 Definitions ..... ............................... .. .. ....... ...........7F 35.7.4.2 Nature and effect of regulations .......... .. ...... ... .................... . _........ .._... _... .._...... __ .. . .. ,79 IV Table of Contents ......... ............. ... ......................... .........,.....,.., ...........................,... Development Code 35.7.4.4 Airport height hazard district..... . ................... ..... ... .. ....... ..... .. .... .......... . ......... .... ..:... .,.,..80 35.7.4.5 Airport compatibility land use district . ..................... .. ... .. .... ........ . ............. ......... ...... ... 81 35.7.4.6 Subdistrict ACLUD -1 Regulations ...... .......... ........ ............... ..... ......... .......... ....... ..... 82 35.7.4.7 Subdistrict ACLUD -2 regulations...... ... ......... .,. .... ____ , . ...... ............ 82 35.7.4.8 Administration.. ......... .... _, ... ,......... ....,. ,, ,............. , ... ...........,. , .,..,.. , ..... ......... .... .. 82 35.7.4.9 Nonconformities ..... ......... ...... --- ........... ......... ,...... ,,...........,. .,.,, ,., ,. , ... ..... .............. 83 35.7.4.10 Variances. .... . ........ .................. .... ......... .............. . .. ,. ,., ,,, ... .. ,............... ...... —, 84 35.7.4.11 Board of adjustment. . .. ....... ,.. ....... ,... ,. ,. _... ........,.. ,. ,,..,., ........ ,....... . 87 35.7.4.12 Noise Mitigation Standards... .......... ......... ......... ................ _ .............. . ..........,.,. ,. , 87 35.7.5 FRY STREET OVERLAY DISTRICT..— ... .................. ......... ......... ......... .............. 89 35.7.5.1 Fry Street District Established . ......... ...... ...... . ..... ..... ... .............. ......... .... ... . .. .. ....... . .................. 89 35.7.5.2 Purpose and Intent ................--- ... - - ...... ........ ....., ... , ,..,,,.,.. ..... ,,,... _. .... ......... .....,..,... 89 35.7.5.3 Off - street parking....... . --- .....--- .... . ............ .... .. ............... .._ .... ... ,.. ,,..... ..,.. ,. .....,. 90 35.7.5.4 Area and height requirements. ..... ... ...... — .... ,... ...., . , ............... . ,., ..... ,,, , . ,....... ..,.. _.... ........ .... 90 SUBCHAPTER 8 - GROUP HOMES ..... ............................... ......... .............. .... ......... ............. ...... 92 35.8.1 PURPOSE ................................................................................................... .............................92 35.8.2 USE AND OPERATION ............................................................................... ............................... 92 35.8.3 QUALIFICATION ........................................................................................ ............................... 92 35.8.4 SPECIFIC USE PERMITS ............................................................................ ............................... 93 35.8.5 LICENSES .................................................................................................. .............................94 ..,,............,.........103 35.8.6 LOCATION OF ASSISTED LIVING FACILITY, GROUP HOME FOR HANDICAPPED PERSONS OR 35.9.4.2. Exceptions... ....,.... ........... 1111. .. 1111,,, ,,,,,,,,,,,,,,, ,,,,,,,, 1111 ... ,...,... .. .... _.. ,. 103 INSTITUTION............................................................................................. ............................... 97 35.8.7 INSPECTIONS .................................................................................... ............................... ....... 97 35.8.8 NOTICES, HEARINGS AND ORDERS . .................................................................................... -- 97 35.8.9 COMPLIANCE REQUIRED ........................................................................... ............................... 98 SUBCHAPTER 9 - MANUFACTURED HOMES ...................................................... ............................... 100 35.9.1 DEFINITIONS .............................................................. ............................... ............................100 35.10.2. GENERAL ................................................................... ............................... ............................102 35.9.3. INSPECTIONS ......................................................................................... ............................... 102 35.9.3.1. Entry on premises ..... ..... .... . ......... . ........... . ...... ......... ..,...,. ...,,..,,.. ,. ... , . ,. ,....-- ............ 102 35.9.3.2. Inspection of register---- , ....... ........... .... ...... ....... ............ , .............. 102 35.9.3.3. Duty of occupants. ,, ...... ....... ........ . ....... ......... .... —........ I ,,,.,,.1..111. , ....... ....,..,....,. ..... 102 35.9.3.4. Violations - Notice of suspension of license ................... 1...1 1... .....111. ......111 .......,, 1111 _ .., ,, ............... 102 35.9.3.5. Violation - Requirements of notice .................................................. , . ..............,,............... 103 35.9.3.6. Violation - Appeal from notice issued by the Building Official..... .............. ................... 103 35.9.4 PERMIT ...................................................................... .....- ......................... ..,,............,.........103 35.9.4.1. Required ............. ................... ...... — ......., .......,.,,.., . , . ........ 103 35.9.4.2. Exceptions... ....,.... ........... 1111. .. 1111,,, ,,,,,,,,,,,,,,, ,,,,,,,, 1111 ... ,...,... .. .... _.. ,. 103 35.9.4.3. Application Requirements ....... ....... .. .. 111 1,. , 1111 ....,. ............... 1111 ,.....,,.,.,.. ......— .......... 103 35.9.4.4. Fees ..... ---- ........ .... ......... .. . -.... ......1 11 . ......... 1111 , 1111 ............ --- ... .... .................. 104 35.9.5 LICENSE ................ ......... ................., 1111.... . ..... ..,.............., .1111..... ......,.. ,,.,,,.,, 104 35.9.5.1 License Required.., 11 11 ..... ........... ..... -.., 1 111. -., .. , .. .. ,. 11....... ... ... ,.. ....... , ................. ,..... 104 35.9.5.2. Application for License... . ...... 111 1 ... ........ ... . ......... ........111 ........... . ..,.,,,,.... -... ..... , 104 35.9.5.3. Fee. 104 35.9.6. TECHNICAL STANDARDS,--.— .......... .................. .1111.. „, .,,,..........,..... 1111... ..,..,..,..,...,,... 104 35.9.6.1. General Requirements ..................... ......... . . ... .. 1111 ... ... _. _...,.. , 1111,, ..,...,. ... _...... —.1 ........ 104 35.9.6.2. Access and Traffic Circulation....,,.. ... ...... ....... ,..- .... .......... 105 35.9.6.3. Installation of telephone lines, semipublic telephone........... — ... .......... ............ ............. ._....,,.,..................... 106 35.9.6.4. Recreation area ................. ....111 1... .. 1111. , ,...,...,,,. 1111.. . ......., ......... .............. , 1111.......,....... 106 35.9.6.5. Water Supply ..................... ....... .....11,.1 ....1... , ......... 106 35.9.6.6. Sewage Disposal ............... ......... .......... . _... ,.. ...,...,. ,,,.,... 1111., , ... .._...... ,......... ,, — — 107 35.9.6.7. Electrical Distribution System......... ..1 111... . ,....,.. 1111, 1111 .,. 1111.. ........ ...... 1111 ... 1111 ., ... .., 107 v Table ofContents ----'------- Development Code 35���. Service Buildings and Other Community Service Facilities . ......... -----........ ---...... ........ ......... 107 35��.9. Refuse and ....... _-_-...... --------....... _-_--_--_-_i00 35127 OUTSIDE STORAGE . ......................................................................... -........ 35.8�.11. FuoGupplyondGtorago-------------_---_'-__-_._-__---'_'----10W -....... _-........ 128 35.9.7. FIRE SAFETY STANDARDS . .......................... ...... ....... .......... -............ ........ ........ .......... iO9 35j0.8. MANAGEMENT AND RESIDENT REGPONG|B|LITY----- ... ....... ---- ... ........ ------..1U@ --.128 SUBCHAPTER 10- SEXUALLY ORIENTED BUSINESSES ............................................................ ..112 35101 PURPOSE AND INTENT ....................................................................................................... .112 35.12.8.6 Antenna Mounting 0anUards ..... ... ......... _--.............. ---_---------...... 3510.2 LOCATION OF SEXUALLY ORIENTED BUSINESSES ................................................................. ..113 __....... 132 3510.4 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES . ............................................................. .114 35.12.8.9 Appoo-_.__-_____-__--__---__----________-__-_133 3510.5 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS ....................................................... .114 3510.8 ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION PICTURE THEATERS. -114 3510.7 ADDITIONAL REGULATIONS FOR ADULT K4OTELS. ............. .... -- ... --- ...... ..---..-.-115 3510.8 REGULATIONS PERTAINING To EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS .......... .... 115 3510.8 DEFENSES To ENFORCEMENT . ..................................................................................... ---- 118 SUBCHAPTER 11- NONCONFORMING USES .................................................................................... 117 35111 PURPOSE . ................................................. ....... ............ ............. ................ --_--..117 35.11.2 TYPES OF NONCONFORMITY .................... ...... .......... ........ 117 3511.3 SPECIAL EXCEPTIONS . ............................. ....... ........... -.................. ............ ................ '118 3511,4 EXEMPTIONS ............................................ - ....... .-..--... .............. .......... _-........ --'118 35.11.5 NONCONFORMING LAND USE GTANoAmoG ..... -..-~.-....... ...... ............ --........ --..118 35.11.5.1 Compliance for Nonconforming Uses--------, ... ....... 118 35.11.52 Changing ............. _-_---_--__-...... __........ __-119 35.11.5.3 Discontinuation of nonconforming uses . ............ --__--_.......................... --..................... ...... ..... 12U 35.11.6 NONCONFORMING STRUCTURES ................... ------.............................................. -... 12O 35.11.61 ........ -_-_-__---_----...... ___._---12O 3511�.2 Changing Nonconforming Structures ................... _----_----------_....... ---- ....... --'121 36117 AMORTIZATION OF NONCONFORMING LAND USES AND STRUCTURES ................... ........ -...... 121 35j1.8 ILLEGAL USES ..................................................................................... ...... ... ... ................ 122 SUBCHAPTER 12- GENERAL REGULATIONS ............................................... --- ... ... .... ....... . ..... 123 35121 PURPOSE . ................................................................................................. ........ ---........ 123 35.12.2 YARD MEASUREMENTS ............................................................................... ........ ................. 123 3512.3 UTILITIES ....................................................................................... ....... ------_...... 124 3512.5 MINIMUM FLOOR AREA REQUIREMENTS . ................................................... .................... ....... 125 3512.6 MINIMUM RESIDENTIAL LOT SIZE . .................................................... ...... ............. ---- ...... 125 35127 OUTSIDE STORAGE . ......................................................................... -........ - ...... ........... 125 3512.8 WIRELESS TELECOMMUNICATIONS FACILITIES . ................................ -....... -....... _-........ 128 35J2.8.1 Definitions . ............................... .................. ... .... ............. _------_-_--__-.......... -12r 35.12.82 __-_-------_...... _-------........ --....... ...... _-'---128 35.12.8.3 General Pmvioiono.--------- ........ _- ...... ---- ......... -----_------_-_.......... --.128 35J2.8.4 Telecommunications TowoGmndardo--_-__---_-----_--_---_----_--__--..129 3512.8.5 ToweLooaUonStandardo--------_-----_---_-_------_-------------130 35.12.8.6 Antenna Mounting 0anUards ..... ... ......... _--.............. ---_---------...... .......... ----13O 35.8.8.7 Telecommunications Use Chart ................ ............... ....................... ...................... __....... 132 3512.8.8 Structural Certification .................. --_-.... - ........ ---....... -_------_-_--_---_---133 35.12.8.9 Appoo-_.__-_____-__--__---__----________-__-_133 vi Table of Contents ...... ........ ......... ...................... .......,„ .,...,............... ......... ....... - Development Code 35.12.9 TEMPORARY USES . ................................................................. ............................. ,...... .,.,,.,, „, 133 35.12.10 HOME OCCUPATIONS. ................................ ............................... ............. 5 ..... ......... ......... 13.E 35.12.11 INDUSTRIAL PERFORMANCE STANDARDS ............................................... ... ............ ....... ,,,...... .. 138 35.12.12 SALVAGE YARDS & INDUSTRIAL OPERATIONS ............................. ................. ..,, „.,.„ 141 35.12.13 COMMERCIAL EXCAVATION / REMOVAL OF EARTH PRODUCTS.... ... ............... 141 SUBCHAPTER 13 — SITE DESIGN STANDARDS .... ......... ......... ..................... ......... ......... ,.,.,.... 143 35.13.1 PURPOSE AND INTENT ............................. ............................... ._.......... ....,.., .,,,..,,. „......,. 143 35.13.2 APPLICATION ................................................... ............................... ............ ........ . „,.., „., 143 35.13.3 PROCEDURE / PLANS REQUIRED ...... ............................... ................... .................... ......... 143 35.13.4 CRITERIA FOR APPROVAL ..... ............................... ........ ........................... 145 35.13.5 ALTERNATIVE DEVELOPMENT PLAN .. ............................... ......... ...... „„ .................... .,..,.,.. 145 35.13.6 STREET TREE REQUIREMENTS ........ ............................... ........ ......... .............. 146 35.13.7 LANDSCAPE AND TREE CANOPY REQUIREMENTS.. ......... ......... ......... .... „.,,„ ....,.... 146 35.13.8 BUFFER AND SCREENING REQUIREMENTS ...................___ ......... ........ ......... ......... ........: 148 35.13.9 FENCE REQUIREMENTS . ..................................................... „..,„,.,. ................ ,........... ,...,.,...,. „. 149 35.13.10 ACCESS, PARKING AND CIRCULATION REQUIREMENTS.,..........., 5 35.13.11 DRIVE - THROUGH USE REQUIREMENTS ........................ .. ....... .................... ...... „,,.,..,................ 181 35.13.12 LIGHT AND GLARE PERFORMANCE REQUIREMENTS ..... . ... ____ .. ......... .................,,.......... . 151 35.13.13 SITE DEVELOPMENT REQUIREMENTS . .......................... ........... ____ .... ........, ..,...,,, .... „..... 181 35.13.13.1 Residential Buildings ......... ................ ......... ........ _........ ............., . ......... .. _ .,,,. 151 35.13.13.2 Multiple Unit Residential Buildings ............................ _____ ...... ....... ____ ....... .. ...,.... ......., 152 35.13.13.3 Multi Family Developments in a Pedestrian District..., ...,.,., _ ........ ......... .... ............153 35.13.13.4 Nonresidential and Mixed Use Buildings .................... ......... ... ......_._. 154 35.13.13.5 Nonresidential and Mixed Use Buildings in a Pedestrian Oriented District . .......... .............. .... „..... - ........... .... 155 35.13.13.6 Large Scale Development Regulations_, . . .. ... .... .... ......... ......... _,......, ......... ,..... ,.. , ......,.. 156 SUBCHAPTER 14 — PARKING STANDARDS ..................... ......... ........ ................................ ...... _ 160 35.14.1 PURPOSE ................. ............................... ......a.. ,.,. „,,,, ,, „,,,... ..............,„,.„ .. „,................ 160 35.14.2 GENERALLY ........................... ............................... .......................... ......... ... „ „ „., ..,...... 160 35.14.3 APPLICATION ................................................................. ............................... ......... ......... 160 35.14.4 SPACES REQUIRED ... ............................... ......... .......... ........... ......... ......... 161 35.14.5 CREDIT FOR ON- STREET PARKING . ............. ...„.,.„................. .,.,,.,,...,,,.,,,. ,..,,,,....... ................. 163 35.14.6 PARKING ACCESSIBILITY STANDARDS . ............ ...„,.,,.,.,,.,.,,,............... „,,.., .,.,,..,..,....,,.............. 163 35.14.7 LIMITATIONS, LOCATION, USE OF FACILITIES ........ ....... „, ___ ....... ,,...,........ ,.... .......,..,,„ ,,.., 164 35.14.8 DESIGN REQUIREMENTS ................................. ......... ......... .......... ........ ......... „,.,,..,, 165 35.14.9 DEVELOPMENT AND MAINTENANCE . ............ .. ........... ............. ...........„..., „..,,.,.,..................... _ 166 35.14.10 BICYCLE PARKING .......................................... ............................. ......... „,,., „................ 166 SUBCHAPTER 15 — RESERVED FOR SIGNS. ......... ... .............................. ......... ......... 167 SUBCHAPTER 16 — SUBDIVISIONS ........................... .................... ......... .......... ..................... 169 35.16.1 AUTHORITY...... .... .. „.,,. ,...,,.. ........... ........... . ......... .... .,. ...... ............. .,..., ..,....,, ,....,,,, 169 35.16.2, PURPOSE .............. ......... ................. ... . „........... ,............ ,.... ,.,...,., ...,....., ......... ,,..,,... 169 35.16.3 JURISDICTION, ,,, .... ........ ......... ,,...... .......... ....,.... 170 35.16.4 APPLICATION. ......... ...........................,.., .,.,,.... „..........., .... .......,, ....,, „.., „., ,..........,..., 170 vii Table of Contents ,. .... ......... ..,., . .., ......,,,,,,,,.,,.,,,,,,, ........, , ...... ................... ....,,,,, Development Code 35.16.5 COMPLIANCE AND ENFORCEMENT .. ................... _ ...... ..................... ......... .................. 171 35.16.6 APPROVAL OF PLAT REQUIRED ................. ........ ...,..,... 171 35.16.7 LOTS, ACCESS AND COMMON AREAS ..... .. ....... ......................... .............................. .. ......... _.... 172 35.16.8 APPLICATION AND FEES ............................ ......... ......... ..................... .............. ............... 173 35.16.9 PREDESIGN CONFERENCE ............. ......... ......... ................ ......... ................, 173 35.16.10 GENERAL DEVELOPMENT PLAN—_ . ........ ......... .......... ........, ................... 174 35.16.11 PRELIMINARY PLATS ...................... ......... ......... ......... 175 35.16.12 FINAL PLATS ................................... ............................... ............. ................. ... .................. 177 '35.16.12.1 Construction Plans ...................... .. ... ... ... ........ .. „ .......... . ,.. ,,. ,..,. ..,,,...... .. ,.. .. ,,. _... .,,. ,.... 177 35.16.12.2 Processing Procedure for Final Plat and Construction Plans... .... 178 35.16.12.3 Recordation of Final Plat .............................................................................................. ............................... 180 35.16.13 REPLAT ............................. .................... ......... ... ...... ...... ....,.,., ....., .., .,,..,,....,,,.... 180 35.16.14 AMENDING PLAT ........................ .. ......... ......... ......... ..........,,.,,,., .,,,...,. 180 35.16.15 MINOR PLAT ........... ......... ........ .....__...............,........ .......... ....... , ...... 35.16.16 VACATING PLAT............... .. .................... ........ ___ ... —. ......,.,. ......... .,, 181 35.16.17 CONVEYANCE PLAT ............ ......... ......... ......... ......... ......... ........ ............ ................... 181 35.16.17.1 Effect of Approval . ... ......... ...... ......... .... ... ..... ...... ..... ...... , 181 35.16.17.2 Conveyance Plat Requirements .............. ............................... ...... ...... 182 35.16.18 DEVELOPMENT PLATS ........... ............................... ......... ......... ......... ......,...... ...... ....,. 183 35.16.19 GAS WELL DEVELOPMENT PLATS .............................. ........ ......... ......... .................. 183 35.16.20 CONSTRUCTION ................................ ............................... ........ ......... ..................... ........ 184 35.16.20.1 Pre - construction Phase Procedures and Requirements ... .. .......... ........................................... .............. _,,.,,, 184 35.16.20.2 Development Contract Required..,...,...,,_ ...... . .......... . ........... ... ..... . _,,,,,,, ...... ,,.....,,, . , , , .,,, ,. 185 35.16.20.3 Construction, Inspection, and Acceptance ..... ......... ......... ... 185 35.16.20.4 Cost of Improvements and City Participation .............. . ....... . ......... ..... .... ... .......... ... ...... ..... .._ 185 35.16.20.5 Subdivider to Extend Mains and Streets to Subdivisions ........... ......... ........ ........ ....,. ... 185 35.16.20.6 Plat Required Before Issuance of Building Permits ................... ......... ......... ......... ......... ,,.,, 185 SUBCHAPTER 17 — ENVIRONMENTALLY SENSITIVE AREAS ........................... ............................... 186 35.17.1 PURPOSE ........................................ ............................... ......... .................... ..................1'86 35.17.2 APPLICATION . ............................................................... ......................,... ,,...,.,.,....,..,,......,,.... 167 35.17.3 ENVIRONMENTALLY SENSITIVE AREAS REVIEW ........................ ....... .......... ............ ..... ...... ,.... ,, 187 35,17.4 ENVIRONMENTALLY SENSITIVE AREA CLASSIFICATIONS..........,,,.,,,, .... .......i. ......., .....__ 188 35.17.5 OFFICIAL MAPS ................................ ............................... ...... ..... ............ ... ..... . ... .. _......,.... 189 35,17.6 DEVELOPED FLOODPLAIN DEVELOPMENT STANDARDS..... ....... ....... ........ ........... __ ......... 1190 35.17.7 UNDEVELOPED FLOODPLAIN DEVELOPMENT STANDARDS ... .. ...... .......... .... „,..,,...... ,.,,,, ....... ,. _ 190 35.17.8 RIPARIAN BUFFER AND WATER RELATED HABITAT DEVELOPMENT STANDARDS. .................__ 192 35.17.9 UPLAND HABITAT DEVELOPMENT STANDARDS .......................................... ............................... 193 35.17.10 GENERAL DESIGN AND IMPROVEMENT STANDARDS .................................. ............................... 193 35.17.11 CLUSTERING STANDARDS ....................................................................... ............................... 194 35.17.12 ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLANS ....................... .............. „,,,,,. „ <.,,,.... 194 SUBCHAPTER 18 — LAND DISTURBING ACTIVITIES . ............................,..,,....,...,. ..........................,,,,. 195 35.18.1 PURPOSE .................... ............................... ......... .......... ........ 195 35.18.2 APPROVAL AND PERMIT REQUIRED ............. ......... ......... .......... ......... ......... .................. 195 35.18.3 EXEMPTIONS ............................................................... ............................... ............................196 viii Table of Contents .................................... ............................. ................. Development Code 35.18.4 APPLICATIONS .................................. ............................... ......... ... ......... .................. ......... 196 35.18.5 STANDARDS .......................... ............................... ......... ......... ....................... ...... .........196 35.18.6 PLAN EVALUATION CRITERIA .................................................................... ............................... 197 SUBCHAPTER 19 — DRAINAGE STANDARDS ......................................... .......................................... 199 35.19.1 PURPOSE ............................ ............................... ......... ......... .......... ........ ......... ......... 199 35.19.2 COMPLIANCE ....................... ............................... .................... .......... .................. ......... 199 35.19.3 DEFINITIONS ................................................................... ............................... ....................,...199 35.19.4 GENERAL DRAINAGE REQUIREMENTS ............................. ....... ......... ......... ......... ......... 199 35.19.5 GENERAL DESIGN STANDARDS ........ ............................... ......... ......... .............................. 203 35.19.6 SPECIFIC DESIGN CRITERIA ....................................... ......... ......... ............................ 206 SUBCHAPTER 20 — TRANSPORTATION ............................ ......... ......... ......... - ... .......................... 218 35.20.1 PURPOSE ................................................................................ ............................... ....... ....... 218 35.20.2 STREET STANDARDS .............................................................................. ............................... 218 35.20.3 PEDESTRIAN / BICYCLE FACILITY STANDARDS ................. ......... .................... ......... ......... 226 35.20.4 DRIVEWAY STANDARDS ............................................................ ..................... „....,,.., ............. 228 35.20.5 PUBLIC TRANSIT STANDARDS ..................... ............................... ......... .......... ........ ......... 230 SUBCHAPTER 21 — WATER & WASTEWATER STANDARDS ...... ......... .... ......... ...,....., .....,... 232 35.21.1 BASIC POLICY .................... ............................... ......... .......... ........ ................ ............. 232 35.21.2 EXTENSIONS OF WATER AND SEWER MAINS....,,.,. ................ ......... ......... ......... 232 35.21.3 BASIC DESIGN STANDARDS ............................ .... ................... ......... ......... ....,.,.., 23:3 35.21.3.1 Reference to Design Standards Manual ...... .. - - .. .......... .. ....... .. .. ..... ................... ...... ,.,,.... 234 35.21.3.2 Water Lines ........... ..... .. ... ............. .. .... ..... ...... ... .......... . .... ...... ..... . ....... .... .... ... ......... 234 35.21.3.3 Fire Hydrants ............................... ......... ....................... .,,.,.... ,.., ,..,,. , ..,.... , ,...... 234 35.21.3.4 Valves and Fittings ............... -- ............ ...... ........ ...... ---- ,........ _.. ...,._... ,,. ....... 234 35.21.3.5 Booster Pump Stations and Pressure Regulating Valves ........ ......... ........................ 234 35.21.3.6 Sewer Lines ........ ... ... ... ... ....... ... ..... ... ...... .. . ..... . .. ...... ......... ............ ...... ...... .....235 35.21.3.7 Lift Stations ................. ............................... . ...... ... ...... . .. ..... .. ..... 235 35.21.4 EASEMENT REQUIREMENTS.......... .. ........... ....... .......... ... ........................... 235 35.21.5 WATER CAPACITY REQUIREMENTS ......... .......... .....,.,. .............. ,.,,,,,,, .,..,..,. ......... 236 35.21.6 SEWER CAPACITY REQUIREMENTS ........... ......... ......... ......... ......... ......... ......... ......... 237 35.21.7 IMPACT FEES.— ..... ......... ,,..,. ......................,......,, ..,,..,,,.,,.,..., 237 35.21.8 TAPPING FEES ........... ..... .......... ........ ......... ............................. ......... ......... ......... 237 35.21.8.1 Basic Policy .......... ... ..... .. ........ .. ....... .. ........ . ....... . , ..— ....... „ ....,. ...... .._....,, ., ....,...,..,..... 237 35.21.8.2 Fee Schedule ................................................................ .... .......... ............_,_.., .. ,,,..,.. , ,,... ....... .. ....237 35.21.8.3 Administrative Procedure ....... .... -- ......... .. ............ ... ....................... ..... ... .. 237 35.21.9 OVERSIZE PARTICIPATION BY THE CITY.. .. ......... ......... ......... .......... ......... ......... ......... 238 35.21.9.1 Basic Policy ..... ............................... ............ ....... ......., ......, .,. ,..- ,.,,......, ... ........— 238 35.21.9.2 Administrative Procedure .............................. . ......... —. ............... .......,, ...... ............. ,,.,238 35.21.10 PRO -RATA AGREEMENTS .............. ................. . ......... ... ................. ...... ........ -- ,..,,,.. , ... 238 35.21.10.1 Basic Policy ........................... ............ ....... .. _...... ............ . .,.....,,..., , .... .,. , ..... ......... ........ ,. — 238 35.21.10.2 Administrative Procedure... — . .. ... ... .. .... -- .— .......,. ......... ,,. ,... ,. ,.,..., „- .,, ....,, . ......... 240 35.21.11 ALTERNATIVE WATER AND SEWER FACILITIES—, .. ......... ......... ......... ......... ......... ......... 241 35.21.11.1 Basic Policy ......... ....... .............. ......... ... ...... ...................... .,... ., ,..,.... 241 35.21.11.2 Approval Process..—... ... ......... .. ....... - - ................... _,...... ......... ....... ..,,241 35.21.11.3 Individual Water Wells ................ ............................... .................... ,, ......,. ..... .. ....... ......... ,.241 35.21.11.4 Private Water Systems ............. ...... ,,. ...,...., ... , ........ _...................... 242 Im Table of Contents Development Code.,.,, 35.21.11.5 Land Use Requirements for On -Site Sewage Systems ..,...... 242 35.21.11.5.1 Individual On -Site Sewage Disposal Systems ............... .....„ ...., .., ,. 243 35.21.11.5.2 Septic Systems .... .... ... .. ............. .... 243 35.21.11.5.3 Aerobic Treatment Systems ,..,..,.. ,. _...... . ....... ... _ ..... ........ 244 35.21.11.5.4 Wastewater Treatment Systems._. ......... ......... .......... ....................... 244 35.21.12 PLANS AND SPECIFICATIONS ......... ......... ......... ......... ....... ...... ........ ........................... 245 35.21.12.1 Basic Requirements .,,.,,..,. ......., ....,.......... ..... ,,...... 245 35.21.12.2 Construction Plans- ........ ................................ ....,..,.245 35.21.12.3 As Built Drawings ....... .... ......... .. ... ... ...... .... .,.,... ... ,.., ....... ,,, ...... ...... .,, _ __ ...... .........246 SUBCHAPTER 22 — GAS WELL DRILLING AND PRODUCTION .. ... — ... ......... ......... .................. 248 35.22.1 PURPOSE .................................................................. ............................... ............................248 35.22.2 DEFINITIONS .............................................................. ............................... ............................248 35.22.3 GAS WELL DRILLING AND PRODUCTION "BY RIGHT" ................................. ............................... 249 35.22.4 GAS WELL DRILLING AND PRODUCTION BY SPECIFIC USE PERMIT OR PLANNED DEVELOPMENT ZONING DISTRICT; APPLICATION AND REQUIREMENTS ............................. ............................... 249 35.22.5 STANDARDS FOR GAS WELL DRILLING AND PRODUCTION ........................ ............................... 250 35.22.6 DRC RECOMMENDATIONS FOR SPECIFIC USE PERMITS AND PLANNED DEVELOPMENT ZONING DISTRICTS............................................................................................. ............................... 253 35.22.7 GAS WELL PERMIT REQUIRED ................................................................ ............................... 253 35.22.8 INSURANCE AND INDEMNIFICATION .......................................................... ............................... 254 35.22.9 SECURITY .................................................................. ............................... ............................256 35.22.10 REVIEW OF APPLICATIONS FOR GAS WELL PERMIT ................................. ............................... 257 35.22.11 PERIODIC REPORTS ............................................................................... ............................... 258 35.22.12 NOTICE OF ACTIVITIES ............................................................................ ............................... 258 35.22.13 AMENDED GAS WELL PERMITS ............................................................... ............................... 259 35.22.14 TRANSFER OF GAS WELL PERMITS ......................................................... ............................... 260 35.22.14 REMEDIES OF THE CITY .......................................................................... ............................... 260 35.22.15 ENFORCEMENTS, RIGHT OF ENTRY ......................................................... ............................... 260 35.22.16 ENFORCEMENTS, RIGHT OF ENTRY ......................................................... ............................... 261 SUBCHAPTER 23 — DEFINITIONS .......................................................................... ............................... 262 35.23.1 GENERAL ....................... 35.23.2 DEFINITIONS AND TERMS X 262 262 Subchapter I be-v- e-l'o"p, ... m ... e'n—t-C' ... o ... de" Subchapter I — Preamble, Purpose, Application and Enforcement Sections: 35.1.1 Preamble. 35.1.2 Purpose. 35.1.3 Short Chapter. 35.1.4 Rules of Construction. 35.1.5 Application of this Chapter. 35.1.6 Inconsistent Provisions. 35.1.7 Conflict With Private Restrictions. 35.1.8 Severability. 35.1.9 Effective Date. 35.1.10 Enforcement and Penalty. 35.1.1 Preamble. This Chapter establishes comprehensive development regulations for the City of Denton, Texas, 35.1.2 Purpose. 35.1.3 Short Chapter. This Chapter shall be known as "The Denton Development Code" of the City of Denton, Texas. 35.1.4 Rules of Construction. All provisions, terms, phrases and expressions contained in the Denton Development Code shall b. ! •, s response or making any interpretations of this Chapter. The time in which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. 1. "Day" means a calendar day. 2. "Week" means seven (7) calendar days. Subchapter I .... — ., ..— ......... . .... ---- .................... .................I.. ......................................................... ............................... Development Code "PTSM, 4. "Year" means a calendar year. C. Delegation of Authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize a subordinate to perform the required act or duty, unless the terms of the provision or section specifies otherwise. D. Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, b' technical words and phrases and such others as may have acquired a peculiar and appropriate meaning law shall be construed and understood according to such meaning. I In case of any difference of meaning or implication between the text of this chapter and any illustrations or figure, the text shall control. 35.1.5 Application of this Chapter. -.1-11--l- .. ........... 14 Subchapter 1 ........................................................ -- .......................... .............................. ....... ................................. Development Code 35.1.6 Inconsistent Provisions. 35.1.7 Conflict With Private Restrictions. 35.1.8 Severabil, In the event any one or more of the provisions of this Chapter shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, it is the intention of the City Council that such illegality or invalidity shall not affect any other provision hereof, but this Chapter shall be construed and enforced as if such illegal or invalid provision had not been contained. N I # 35.1.9 Effective Date. This Chapter shall become effective on February 20, 2002, and the City Secretary is hereby directed • cause the caption of this Chapter to be published twice in the Denton Record Chronicle, official newspaper of the City, Texas, within ten (10) days of the date of its passage. 35.1.10 Enforcement and Penalty. ............. - 35.1.10.1 Compliance Required. A. No person may use, occupy, or develop land, buildings, or other structures, or authorize or permit the use, occupancy, or development of land, buildings, or other structures under the control of the person except in accordance with all applicable provisions of this Chapter. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land. 11111111FIFIM1111311 . * I - A. Before suspension or revocation pursuant to this division, the Building Official may give notice of intent to suspend or revoke, which notice may specify a reasonable time for compliance with this Chapter. B. If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired. f- The Building Official shall not • required to provide notice of intent to suspend or revoke for violations of this Chapter that cause imminent destruction of property or injury to persons. 35.1.10.3 Suspension and Revocation of a Variance or Special Exception. The body granting the variance or special exception shall hold a public hearing no later than 45 days after notification. If the body granting the variance or special exception determines there is a failure to comply with any term, condition, • requirement made a condition • the variance or special exception, the body may revoke the variance or special exception or take such action as it considers necessary to ensure compliance. D. A decision to revoke a variance or special exception is effective immediately. Notice of the decision by the body shall be sent by certified mail. FLAW11101 $J I Fuld I [WROB R 35.1.10.4 Enforcement and Penalties. A. Any person, firm or corporation who shall violate any of the provisions of this Chapter or who shai-fal comply with any provisions hereof within the corporate limits of the City of Denton shall be guilty of a misdemeanor and upon conviction shall be fined with the maximum fine in the amount of two thousani, dollars ($2,000) for a violation • any provision governing the public health, safety and welfare and shall be fined with the maximum fine in the amount of five hundred dollars ($500) for any other violation. • 11 illl!ll!llll!ll!l! 1 111111!1!1111 I'll plill Ili Ill !Ili I 1 11111 • E. In addition to the aforementioned penalty, the right is hereby conferred and extended to any property owner owning property in any district where such property may be affected by a violation • the terms • this Chapter, to bring suit in such court • courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners. Subchapter 2 — Official as Sections: 35.2.1 Compliance Required. 35.2.2 Classification of District. 35.2.3 Official Zoning Map. 35.2.4 District Boundaries. 35.2.5 Digital Mapping. 35.2.6 Changes to the Zoning Map. 35.2.1 Compliance Required. extende , enlarged, or altered contrary to e provisions of this Chapter. 35.2.2 Classification of Districts. For the purpose of this Chapter, City is divided into zoning districts designated as follows: Zoning Districts Abbreviated Designation Rural Districts Rural Residential RD-5 Rural Commercial RC Neighborhood Residential Neighborhood Residential 1 NR -1 Neighborhood Residential 2 NR-2 Neighborhood Residential 3 NR-3 Neighborhood Residential 4 NR-4 Neighborhood Residential 6 NR-6 Neighborhood Residential Mixed Use 12 NRMU-12 Neighborhood Residential Mixed Use N 4 Downtown University Core District Downtown Residential 1 DR-1 Downtown Residential 2 DR-2 Downtown Commercial Neighborhood DC-N Downtown Commercial General DC-G Community Mixed Use Centers Community Mixed Use General CM-G Community Mixed Use Employment CM-E Regional Mixed Use Centers Regional Center Residential 1 RCR-1 Regional Center Residential 2 RCR-2 Regional Center Corranercial Neighborhood RCC-N Regional Center Commercial Downtown RCC-D Employment Centers Employment Center Commercial EC-C Employment Center Industrial EC-1 Industrial Centers Industrial Center Employment IC-E Industrial Center General IC-G ��Mzzm 0 VD&TIN to] 01 ON It A h 2. Future Zoning Map for the Denton Urbanized Area, adopted as an integral component of the Comprehensive Plan; and B. The signed originals of said maps shall be maintained on file in the office of the Director of Planning and Development and, by reference, are made a part of this Chapter as if fully incorporated. C. Exemplified copies of said maps may also be maintained in the offices of the Planning and Development Department for public inspection. Distribution copies shall be available for sale in the office of the Planning and Development Department at such cost as from time to time established by resolution of the City Council. 35.2.4 District Boundaries. Unless otherwise specified, district boundaries are lot lines, the centerlines of streets, creeks and railroad right- of-way, or such lines extended. If a district boundary divides a lot into two (2) districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary, provided the boundary adjustment is for a distance not to exceed twenty (20) feet. 35.2.5 Digital Mapping. ........... 11 . "I'll - ..... .............. - ................. Digital maps, created through the use of geographic information system technology, containing registration points recorded on the Texas State Plane Coordinate System, as amended, may be used in the administration and enforcement of this Chapter, but shall not replace the paper originals of official maps required by this Chapter. 35-2.6 Changes to the Zoning Map. 1.1-1.1-1.1 1-1-1 .. ... .. ... . 1� 1� I'll, ................. A. If, in accord with the provisions of this Chapter, changes are made in district boundaries portrayed on the Zoning Map, the date of such changes shall be promptly noted on the Zoning Map after the amendmeni has been approved by the City Council and duly noted in the minutes of the City Council meeting. B. No changes of any nature shall be made to the Zoning Map except in conformity with the procedures set forth in this Chapter. N Subchapter 3 Development Code Subchapter 3 — Procedures Sections: 35.3.1 Purpose. 35.4.2 Procedures and Application Requirements. 35.3.3 Denton Plan Amendment Procedure. 35.3.4 Zoning Amendment Procedure. 35.3.5 Planning and Zoning Commission Procedure. 35.3.6 Board of Adjustment Procedure. 35.3.7 Staff Review Procedure, 35.4.8 Local Permit Procedure. 35.4.9 Religious Freedom Procedures. 35.3.1 Purpose. uim I 35.3.2 Procedures and Application Requirements. ...... . ..... ..... . .. 0 - I - 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 Commission. 3. Planning and Zoning Commission: requiring action by the Planning and Zoning Commission. 4. Board of Adjustment: requiring action by the Board of Adjustment. 5. Staff Review: requiring action by City Staff. 6. Local Permit: requiring action by the Director of Planning and Development. 3. A complete application shall be submitted along with the application fee. The fees shall be established by the City Council 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 Offic' I along with the resubmittal fee according to the Application Criteria Manual. i 0 Subchapter 3 . . ...... 1.1- .......... ---- ------ 1.1--a—.— .. . ............... ................ ....... ................................................. Development Code 6. An Applicant may appeal the disapproval of an application to the Board of Adjustment. 35.1131.3 Dento,nPial,n"Al,mendm...en't Proce"Idurle'. 14�Wlffm 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. ILI Subchapter 3 ........................ ............................... l—, Development Code 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 resubmittal. D. Appeals: 1. 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, 51 Subchapter '------''—'—'—'—'—'—~~'--~~~~^^^^^^^^^^'^'--~^—^^^~'~''^^'^^^^^^^^^^^^^'^'^'^^^^^^~`~^—~----'---------------' Development Code IN Subehapter 3 .......................................... ............................................. .......... --- ....... --- .... — ....... — ... I Development Code G. 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 rcsubmittal. 35.3.5 Planning and Zoning Commission Procedure. .............. A. The following actions shaH foRow the Planning and Zoning Commission Procedure: M 1. Initiation of a Planning and Zoning Commission procedure may be made by: a. Recommendation of the City Manager. IN Subchapter 3 .I.—I.— ... ... I.I.—.1 ............. Development Code 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. 35.3.6 Board of Adjustment Procedure. ME= 2. Consider an application fora Valiance from the sign regulations. 3. Consider an application to change, reestablish or terminate a Nonconforming Use. ! • IME WAIMMUIRIM M11M d. The literal enforcement and strict application of the provisions • this ordinance will result in an unnecessary hardship inconsistent with the general provisions and intent • 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. El Subchapter 3 ............ Development Code 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, preservation and protection of property. Based on the foregoing criteria, the board may authorize the following actions: 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. WE-am 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 closing the public hearing, the board may take action consistent with the Development Code and state law. A concurring vote of six (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. 35.3.7 Staff Review Procedure. A. The following actions shall follow the Staff Review Procedures: 15 Subchapter 3 ............................................................. ...... Development Code 35.3.8 Local Permit Procedure. 1. For the purpose of this subchapter, an "investment backed expectation" is defined as the expenditure 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 si-m-is of money in the future. 2. 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 Commission in accordance with state law. C. In considering whether a development expectation may be processed under preexisting regulations, the Director may consider: HM* Subchapter 3 .................... ........... ---- ............. ............................... -- .......... - ........ -- ................... I ....... ................................ —.1 ------- ............ Development Code E. 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. E Subchapter 3 ........................... — ...... Development Code 35.13719 Free'dom Procedurel-s-.1-1111111 A. A person may claim that a provision of the Denton Development Code substantially burdens the person's free exercise • religion. In making such a claim a person shall give witten 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). IN Subchapter 4 Development Code Subchapter 4 — Boards, Commissions and Committees. Sections: 35.4.1 Planning and Zoning Commission. 35.4.2 Board of Adjustment. 35.4.3 Historic Landmark Commission. 35.4.4 Development Review Committee. 35.4.1 Planning and Zoning Commission. ...................................... ............... 35.4.1.1 Operational Procedures. A. The Planning and Zoning Commission may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this Chapter or state law. Meetings of the Planning and Zoning Commission may be held at the call of the chairman or at such other times as the Planning and Zoning Commission may determine and in accordance with the Open Meetings Act. The chairman or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses. B. The Planning and Zoning Commission shall keep minutes • its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be immediately filed in the office of the Planning and Zoning Commission and shall be a public record. 19 Subchapter 4 . . . ........ -- ............ .............. ..... ........... —'- ...... Development Code USINWRMW f An application for a Special Exception. 2. Make final decisions regarding Plat applications. 3. Make final decisions regarding Hardship Variances. 4. Make final decisions regarding Alternative Development Plans. 35.4.2 Board of Adjustment A. A Board of Adjustment (Board) is established which shall consist of seven (7) members, each to be appointed by a majority of the City Council for staggered terms of two (2) years and may be removed for cause by the City Council. All members of the Board of Adjustment shall serve without pay. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. D. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Planning and Development certifies to the Board of Adjustment, after the notice of appeal shall have been filed, that in his or her opinion such stay will cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or a Court of Record on application or notice to the administrative official and on due cause shown. Criminal action commenced in the Municipal Court of the City shall not be stayed. RK Subchapter 4 ..................... ...................... --- ...... Development Code 35.4.3 Historic Landmark Commission. A. There is hereby created a commission to be known as the Historic Landmark Commission of the City, hereinafter called the "Landmark Commission," composed of nine (9) members appointed by the City Council. The Landmark Commission shall include at least one (1) representative from each of the following organizations or professions: B. The other members of the Landmark Commission shall be appointed from such other individuals and organizations as the City Council may in its discretion wish to consult or consider; provide that no one (1) business or professional interest shall constitute a majority membership of the Landmark Commission. PM MI iiii PI Q Ora 11 Mom C. In addition to the nine (9) members appointed by the City Council, the following persons or their designees shall sit • the Landmark Commission as ex officio members: lnwz��� D. None of the ex officio members shall have voting power, but shall assist the Landmark Commission in its various functions. E. The fact that one (1) • more representatives from five (5) fields • expertise may not at any given point be a member • the Landmark Commission, for whatever reason, shall not affect the validity • any decision • act • the Landmark Commission. F. Members of the Historic Landmark Commission shall be appointed for two-year staggered terms. Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term. P TZ, IF 11 _rJRJ M_ A. The Historic Landmark Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks and shall prepare an historic landmark preservation plan, hereinafter referred to as the "preservation plan," which shall: 1. Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks; 2. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness and certificates of demolition or removal; 3. Formulate a program for private and public action which will state the role of various City agencies in preservation of historic landmarks; D. If the Landmark Commission finds that buildings, structures, sites, districts, lands • areas cannot be preserved without acquisition, the Landmark Commission may recommend to the City Council that the OX Subchapter 4 ............. ...... --- .......................... .........I. —... .1— ... - Development Code H. Any person making application to have any building, structure, site, district, area or land designated as an historic landmark pursuant to the provisions • this article shall pay to the Planning and Development Department a filing fee in an amount determined and as from time to time amended • ordinance by the City Council, a copy of which ordinance is on file with the department. 35.4.4 Development Review Committee. A Development Review Committee is established to provide a coordinated and centralized technical review process for all developments required to comply with the requirements of this Subchapter. The members of the DeveloiAment Review Committee shaU be com-,sosed • Ojersons from various CijX devartments which have an interest in the development review and approval process, as designated by the City Manager. The City Manager shall provide a chairperson who shall be responsible for. 35.4.4.1 Operational Procedures. The Development Review Committee shall meet as often as necessary to dispose of the business of the Development Review Committee or upon call by the chairman. All issues shall be decided by the chairman based upon consensus from the members of the Development Review Committee, The chairman shall create appropriate rules and regulations for the conduct of the Development Review Committee. The meeting notes of each meeting shall be filed in the office of the Planning and Development Department. The Development Review Committee shall be responsible for making determinations on the application and interpretation of guidelines, standards and requirements of this Subchapter. The Development Review Committee may require the applicant to submit additional information not otherwise specificaUy required • this Subchapter, which is reasonably necessary to review and determine whether the proposed development and required facilities meet the requirements • this Subchapter. W Subchapter 5 ................ ........................................... Development Code Subchapter 5 — Zoning Districts and Limitations 35.5.1 Rural Districts Sections: 35.5.1.1 Purpose. 35.5.1.2 Permitted Uses. 35.5.1.3 General Regulations. 35.5.1.2 Permitted Uses. The following uses and their accessory uses are permitted as contained in the use table below: Residential Land Use Categories RD-5 RC Agriculture P P Livestock . ........ . L(7) L(7) --------- — Single Family Dwellings — ---- . . .... P P ..... .......... .. ............. Accessory Dwelling Units v P P Attached Single Family Dwellings N N ------- --- Dwellings Above Businesses N P ----------- - — ---------- Live/Work Units P P _.M . . . Duplexes N N Community Homes For the Disabled P P Group Homes SUP SUP Multi-Family Dwellings N SUP Manufactured Housing Developments P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in . . . . . .. ...................... Section 35.5.8 25 Subchapter ----------^'''''''''^'''~~~^~~~~~ ^~^~^^~—~~^''—^~~~ Development Code Commercial Land Use Categories RD-5 RC Home Occupation P P Sale of Products Grown on Site P P Bed and Breakfast L(11 0) P Retail Sales and Service N N Theaters Less than 1,000 seats N N Restaurant or Private Club N L(l 1) Drive-through Facility N N Professional Services and Offices N L(l 5) Quick Vehicle Servicing N N Vehicle Repair N P Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities P P Outdoor Recreation P P Indoor Recreation N N Major Event Entertainment N SUP Commercial Parking Lots N N Administrative or Research Facilities SUP L(l 5) Broadcasting of Production Studio SUP P Sexually Oriented Business N SUP/ Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 91! Subchapter '--'-----------------------------'-----------'---- Development Code Industrial Land Use Categories RD-5 RC Bakeries N L(21) Manufacture of Non-odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N SUP Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P P Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills," N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, w=nm permitted, SUP= Specific Use Permit Required, L(X) Limited as defined in Section 35.5.8 a Subchapter '''''''''~~~^' --'^'~--'~''—^^'^~''''~~'~'~'' Development Code Institutional Land Use Categories Basic Utilities RD-5 P RC P Community Service N P Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges N P Adult or Child Day Care P P Kindergarten, Elementary School P P Middle School N N High School N N Elderly Housing N N Medical Centers N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 FW1 Subchapter 5 ............... I ................. ........................................... .......................... ................................... Development Code General regulations within the Rural District are as follows: Subdivision of less than 10 acres, and all lots that are adjacent to the perimeter of a subdivision: General Regulations RD-5 - . .... ... ... RQ Minimum lot area 5 acres 2 acres Minimum lot width 200 feet 100 feet Minimum lot depth 250 feet 200 feet Minimum front yard 50 feet 50 feet Minimum side yard 10 feet 10 feet ............ Minimum side yard adjacent to street 50 feet 50 feet . ................. .. 10 feet, plus i foot Minimum rear yard for each foot of building height over 20 feet The following limits apply to subdivision of more than 10 acres in lieu of minimum lot size and dimension requirements: General Regulations RD-5 RC Maximum density, dwelling units per acre 0.2 0.5 . ....... . . !Minimum building separation 30 feet 30 feet The following limits apply to A buildings: General Regulations RD-5 RC Maximum lot coverage except for 15% 35% agricultural buildings Minimum landscaped area ----------- 75% 65% - — ------------------- Maximum building height 65 feet 65 feet Maximum FAR except for single-family None 0.25 uses ..,.m..._..... . ........... . . . . 10 feet, plus 1 Minimum yard when a use other than None foot for each single family abuts a residential zone foot of building . ..... . ......... height FIE Subchapter ..................... —~-----'-------........................................... Development Code 30 Subchapter 5 .................................. ..................... .......................... ............................... ...'..- Development Code 35.5.2 Neighborhood Residential Sections: 35.5.2.1 Purpose. 35.5.2.2 Permitted Uses. 35.5.2.3 General Regulations. 35.5.2.2 Permitted Uses. The following uses and their accessory uses are permitted within the Neighborhood Residential districts; Residential Land Use Categories 'N�R NRIVIU- 12 Agriculture P P P P 7L(7) P P P P Livestock L(7) L(7) L(7) L(7) L(7) L(7) Single Family Dwellings P P P P P P P N Accessory Dwelling Units SU SUP SUP SUP SUP L(I) N Attached Single Family Dwellings N N I SUP 6666 . . . ..... SUP P ........ P SUP ,""I'll" ........... Dwellings Above Businesses N N N . .............. N N P P Live/Work Units N N N N L(16) P P Duplexes N N N L(3) P P N Community Homes For the Disabled P P P P P P P Group Homes N N N N N SUP SUP Multi-Family Dwellings N N N P P 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 ------------ RE Subchapter 5 ............ ........ . ........... ....... .......... ............................... ............. Development Code Commercial Land Use Categories — -------- --------- - - - --- NRMU- 12 Home Occupation P P P P P P P Sale of Products Grown on Site N N N N N N N — ------------- Hotels N N N N N N P Motels N N N N N N N Bed and Breakfast N N N N N L(10) P . ......... Retail Sales and Service N N N N N L(14) L(17) ----------- ........... . .. . ......... . Theaters Less than 1,000 seats .. ..... . ....... N N N N N . ..... N — L(114) I,------ . . . ........... Restaurant or Private Club .. . .......... . —_ N N N N N N L(11) Drive-through Facility N N N N N N N Professional Services and Offices N N N N . .. . ...... N L(15) L(17) ... . . . . ........... Quick Vehicle Servicing N N IN N N N N ------- — ---------- 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(114) 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 RN Subchapter 5 Development Code Industrial Land Use Categories Printing / Publishing 7N N 7 N N N 7N 7N Bakeries N N I N I N I N I L 21) Junk Yards and Auto Wrecking N N N N N N N Sanitary Landfills, Commercial Gas Wells L(27) L(27) SUP SUP S 'UP SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 NN Subchapter --^--'----''''''''^^~~^—~~'~—^^~~^ Development Code Institutional Land Use Categories NR-1 i Semi-public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(I 5) 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 Mortuaries N N N j N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) Limited as defined in Section 35.5.8 34 Subchapter 5 .......... .......................................... --- .............. ............................................. Development Code 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zone are contained in the table below: General Regulations : 1500 1,51 Minimum lot area (square feet) 32,000 16,000 10!00 '0 7,000 6,00*0 3 2 0 0 720 Minimum lot width 80 feet 80 feet — 600 feet 50 feet - 50 feet �30 feet feet Minimum lot depth 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 50 feet Minimum front yard setback 20 feet — .. . 20 feet ............... 15 feet 20 feet 10 feet 10 feet None 10 feet . ...... 1 O feet~~~~ iTiaet L(2) L(2) 15 feet 20 feet 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: The following Emits apply to all buildings: General Regulations 12 Maximum lot coverage 3 0 %. 30 °!® 30% 150%. 6!o 60-1. !0! 60% 80% Minimum landscaped area .. . . . ....... - 0 ... . 70% 70% 70. 50% 50, 1 40% 401 40% ---------- ----- ---- 40% 20% - ----------------------------- ---------- . . . ....................... . — --------------- Maximum building height -------------------------- 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet . ...... 1 O feet~~~~ iTiaet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for foot for foot for foot for Minimum yard when abutting a single- each each each each each each each family use or district foot of foot of foot of foot of foot of foot of foot of building building building building building building building height height height height height height height above above above above above above above L .. 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet III Subchapter ---~----'~~^^^~~~ Development Code 36 Subchapter 5 .................................... Development Code 35.5.3 Downtown University Core. Sections: 35.5.3.1 Purpose. 35.5.3.2 Permitted Uses. 35.5.3.3 General Regulations. 35.5.3.1 Purpose. The purpose of the Downtown University Core District is to encourage mixed use developments within specified commercial areas of the district. This district is a pedestrian friendly district. Land Use categories within this district include: DR-1 Downtown Residential 1 DR-2 Downtown Residential 2 DC-N Downtown Commercial Neighborhood DC-G Downtown Commercial General 35.5.3.2 Permitted Uses. The following uses are permitted within the Downtown University Core District: Residential Land Use Categories Agriculture P P P P Livestock L(7) L(7) L(7) L(7) ---------- Single Family Dwellings P P N N . ......... . ... . ..... Accessory Dwelling Units P P N N Attached Single Family Dwellings N P P P - - - — ------ - --- -- Dwellings Above Businesses N P P P Live/Work Units P P P P . ....... .. . Duplexes P P P N ................................ Community Homes For the Disabled P P P P Group Homes N N N SUP — ------------ – ------- Multi-Family Dwellings N P P P 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 ----- KN Subchapter '--------'------------------------- Development Code Commercial Land Use Categ.ries DR-1 I DR-2 I DC-N I DC-G Sale of Products Grown on Site N N N N Bed and Breakfast L(8) L(9) P P Retail Sales and Service N L(l 5) L(I 7) P Theaters Less than 1,000 seats N N P P Restaurant or Private Club N N L(1 1) P Professional Services and Offices N L(l 5) L(1 7) P Quick Vehicle Servicing N N N SUP Auto and RV Sales N N N L(20) Major Event Entertainment N N N SUP Commercial Parking Lots N N L(28) L(28) Administrative or Research Facilities N SUP L(l 4) P Broadcasting of Production Studio N SUP P P P= Permitted, N=mot permitted, SUP= Specific Use Permit Required, Lp< = Limited ao defined in Section 35.5.8 M Subchapter _____________ D��|opmu�Cod Industrial Land Use Categories Junk Yards and Auto Wrecking N N N N — — ------------- - ------- - - Kennels VN N N N Veterinary Clinics N SUP L(26) P Incinerators, Transfer Stations Gas Wells SUP SUP SUP SUP P= Permitted, N=mot permitted, SUP= Specific Permit Required, LV0= Limited oo defined in Section 35.5.8 9M Subchapter ~^~~~~''^^'^'~^^--'-- '~^^^--^^^^^^'^^'~~~~`~~~'~~~~ Development Code Institutional Land Use Categories Basic Utilities SUP SUP SUP SUP Semi-public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(26) P P= Permitted, N=mot permitted, SUP= Specific Permit Required, Lp0= Limited aa defined in Section 35.5.8 40 Subchapter 5 ............... ...................- Development Code W. M, General regulations of the Downtown University Core District are as follows: General Regdations DR-1 '7 Minimum lot are (square feet M 4,000 4,000 4,000 5007 2,500 2. None None Minimum lot width 50 feet feet 0 feet 270 feet 0 0 Minimum lot depth .......... 80 feet 80 feet 50 feet _None None Minimum front yard setback 10 feet 10 feet None None Minimum side yard 6 feet 6 feet None None Minimum side yard adjacent to a street 10 feet 10 feet None None Minimum rear yard 10 feet 10 feet None None 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height over 30 over 30 over 30 over 30 feet feet ................ feet feet Minimum residential unit size 700 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 . ......... . ................ Maximum density, dwelling units per acre 8 30 - ----- 72 150 — ---------------- ------- Maximum lot coverage 60% 75% 80% 85% Minimum landscaped area 40% 25% 20% 15% Maximum building height 40 feet 45 feet 100 feet/ L(33) 100 feet/ L(33) 41 Subchapter -----------...................... ....................... '-- Development Code 42 Subchapter 5 .............................................. ......................... ................................. - ... ......... Development Code 35.5.4.2 Permitted Uses. The following uses are permitted within Community A/fixed Use Centers: SEMEN= Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N ................ Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses P N Live/Work Units P N Duplexes N N Community Homes For the Disabled P P Group Homes N N Multi-Family Dwellings L(6) L(6) Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 M Subchapter ---- .................................. '-- ...... '—............................................................... Development Code 44 Home Occupation N N Sale of Products Grown on Site N N Bed and Breakfast P N Retail Sales and Service P L(14) Theaters Less than 1,000 seats P N Restaurant or Private Club P L(114) Drive-through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Major Event Entertainment SUP N Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 44 Subchapter ;Wiopmen ER Printing / Publishing P L(25) Bakeries P L(25) Manufacture of Non-odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter ;Wiopmen ER Subchapter ........ .......... ---' ........... ................ ................................................... Development Code - UVII 77COm!Basic Utilities SUP SUP m Community Service P P P P Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges P P Adult or Child Day Care Kindergarten, Elementary School Middle School High School P N N N N N N N Elderly Housing N N Medical Centers P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 ire Subchapter --'-------------------------'---------------------'—'-----------' Development Code GcnemregulationsoF6eCnmmunity Nfixe6 Use Centers are in the table below: Minimum lot area (square feet) 2,500 2,500 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 20 feet, plus 1 foot for Minimum yard abutting a residential use 20 feet each foot of or district building height above 30 feet Maximum FAR 1.5 0.75 Minimum residential unit size | 500 SF | None Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 65 feet 65 feet 47 Subchapter Development Code 48 Subchapter 5 ....................... .......................................... i ........ .................. ............ ............................. Development Code 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. 35.5.5.2 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 - . ........ I ........ - - ----- Dwellings Above Businesses P P P P Live/Work Units P P P P Duplexes . ......... . ... ..... . . N . ...... N N N Community Homes For the Disabled P P P P Group Homes SUP SUP . SUP . ......... SUP Multi-Family Dwellings P P L(6) L(6) Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 !E Subchapter 5 Development Code Commercial Land Use Categories Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels . N . . ................................ . . . N 1 .......................... --i P P Motels N N P N Bed and Breakfast L(8) L(9) .. . .................... . L(9) ................................ P I . . . ................ 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(114) L(14) P 11111111-1-- 1 Quick Vehicle Servicing . . . . . ........................ . N N P P 11-11-1- -------- � . 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 Ell Industrial Land Use Categories Junk Yards and Auto Wrecking N N N N Veterinary Clinics SUP SUP L(14) P Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Permit Required, L(X)= Limited as defined in Section 35.5.8 Subchapter 51 Development Code Institutional Land Use Categories Basic Utilities SUP RCR-2 SUP RCC-N SUP SUP Semi-public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(14) P High School SUP SUP P P Medical Centers SUP SUP P P P= Permitted, N=motponnittod. SUP= Specific Permit Required, L00= Limited oo defined in Section 35.5.8 9M Subchapter 5 ........................ ......................................................... ---- ............... .... -- Development Code 35.5.5.3 General Regulations. General regulations of the Regional 1\/Iixed Use Centers are contained in the table below: General Regulations RCC-N RCC-D Minimum lot area (square feet) None None None None Minimum lot width 50 feet 20 feet 20 feet None Minimum lot depth 80 feet 60 feet 50 feet None Minimum front yard setback 10 feet i 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet None Minimum side yard adjacent to a street 10 feet 10 feet 6 feet None ............. .... »,. 10 feet 10 feet plus 1 plus 1 foot for foot for each each Minimum rear yard foot of foot of None None building building height height above above 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet plus 1 plus 1 plus 1 plus 1 foot for footfor foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height above above above above 30 feet 30 feet 30 feet 30 feet Minimum residential unit size 600 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum Density, dwelling units per 30 40 80 100 acre Maximum Lot Coverage 55% 75% 85% 90% Minimum Landscaped Area 45% 75% 15% 10% Maximum building height 40 feet 50 feet 65 feet 100 feet W Subchapter ------------------------'--'--------- Development Code 54 Subchapter 5 ............................... I .......................... ... ....... ................ .. .............. ................. - .. . .... --- ............................ Development Code 35-5.6 Employment Centers Sections: 35.5.6.1 Purpose. 35.5.6.2 Permitted Uses. 35.5.6.3 General Regulations. 35.5.6.1 Purpose. The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary uses. Land Use categories within Employment Centers include: EC-C Employment Center Commercial EC-I Employment Center Industrial 35.5.6.2 Permitted Uses. The following uses and their accessory uses are permitted within the Employment Centers: Residential Land Use Categories Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N . ........... . . ....... ........... Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses N N Live/Work Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N Multi - Family Dwellings N N . ............... Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 .... . . . ...... ... ... . . 55 Subchapter --'----'-----... — ................................................... ........ Development Code Commercial Land Use Categories Home Occupation N N Sale of Products Grown on Site N N Bed and Breakfast N N Retail Sales and Service P N Theaters Less than 1,000 seats P N Restaurant or Private Club P P Drive-through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Major Event Entertainment P P Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 92 Categories Industrial Land Use Printing / Publishing P P Bakeries P P Manufacture of Non - odoriferous Foods P P Feed Lots N N Food Processing N N Light Manufacturing P P Heavy Manufacturing N N Wholesale Sales P P Wholesale Nurseries N L(32) — Distribut ion nCenter N P Wholesale Storage and Distribution N L(34) Self- service Storage P P Construction Materials Sales N P Junk Yards and Auto Wrecking N N Kennels P P Veterinary Clinics P P Sanitary Landfills Commercial N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 Development Code 57 Subchapter 5 ........ 1- ............................................. ................................ Development Code Institutional Land Use Categories Basic Utilities P P — - -------------- . .......................... — Community Service P P Parks and Open Space P P Churches P P — ---------------- ------- Semi-public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care P P Kindergarten, Elementary School N N Middle School N N ----------------------------- High School — ------- N . .. ....... ........ N Colleges P P Hospital P N Elderly Housing P N — ---------------- Medical Centers P N Cemeteries N N Mortuaries P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 W. Subchapter 5 ............................. ---- ........ '-- ... – Development Code 35.5.6.3 General Regulations. General regulations of the Employment Center are as follows: General Regulations Minimum lot area (square feet) EC-C 2,900 2,500 7feet Minimum lot width 20 feet 50 Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 30 feet, 30 feet, plus 1 plus I foot for foot for Minimum yard abutting a single family each foot of each foot of use or district building building height height above above 30 feet 30 feet Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% — — --------------------- Maximum building height 100 feet . .......... - ... 65 feet . . ........ — Wei Subchapter --' .... ................. —.......................................................................................................................... Development Code 60 Subchapter 5 ......................... ...... ' ..................................... ...... .......................... __ ............I....., _ Development Code 35.5.7 Industrial Centers Sections: 35.5.7.1 Purpose. 35.5.7.2 Permitted Uses. 35.5.7.3 General Regulations. 35.5.7.2 Permitted Uses. The following uses are permitted within Industrial Centers: Residential Land Use Categories Agriculture P P — ------------------ Livestock L(7) L(7) Single Family Dwellings N N Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses N N Live/Work Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N .......... Multi-Family Dwellings N N Manufactured I . Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in . ...... . — ---- Section 35.5.8 61 Subchapter 5 ...I ...................................................... 11 ................................ .................................... ..................... Development Code Commercial Land Use Cate g ories Home Occupation N N . .................... Sale of Products Grown on Site N N Hotels P N Motels P N Bed and Breakfast N N Retail Sales and Service N N 1111- . . ............................ . . Theaters Less than 1,000 seats . . . .................... . N . . ................................................... N Restaurant or Private Club L(14) N Drive-through Facility N N Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities - --- — ----- P P Equestrian Facilities N — ----- ____ -------------- N Outdoor Recreation N N Indoor Recreation P N Major Event Entertainment P N Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business -------------- N SUP L(32) Temporary Uses L(38) L(38) P= Permitted. N=not permitted. SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 M, ....,.., Subchapter 5 Development Code Categories Industrial Land Use Printing I Publishing L(25) L(25) Bakeries L(25) P Manufacture of Non - odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center SUP P Wholesale Storage and Distribution P P Self- service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N SUP Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Iffil Subchapter 5 - .... I—, ....... --- ......... Development Code Institutional Land Use Categories 1� Basic Utilities P P P Community Service P P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges .............. P P Business / Trade School P P Adult or Child Day Care L(19) N Kindergarten, Elementary School N N _1__1__..1 . . . . . . . . . . . .. . Middle School ................. . . ............................. N . ............................................ . . — N High School N N Colleges P N . .... . . . ...... . Hospital . . . . ......................... N N Elderly Housing N N Medical Centers . P N .......... Cemeteries N N Mortuaries P N . . . . ................ P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Z 35.5.7.3 General Regulations. Gcnemregu&6on"of6e Industrial Centers are contained in the table below: General Regulations 80% 90% Minimum lot area (square feet) 2,500 5,000 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback 10 feet 10 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 30 feet, 30 feet, plus 1 plus 1 foot for foot for Minimum yard when abutting a each foot of each foot of residential use or district building building height height i above above 1 30 feet 30 feet Maximum FAR U 0J5 U 0.40 Maximum lot coverage 80% 90% Minimum landscaped area 20% 10% Maximum building height 100 feet 65 feet Subchapter ~^~~~~^~~'^^^^'^^~` Q�ndn�uo�Cod W L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchaptex 13. Additionally, units must have the appearance of a single family residence from the street. L(4) = Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L(5) = L(6) = Permitted only on 2,111 story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. S. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 6. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. MM Subchapter 5 . ...... . ............................................ ____..1 ............................. ...................,,..- Development Code L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, no take-out service 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(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. WA MIM a I' IRMIA31430 I IM L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L (35) = MIN Subehapter 6 .... . . . .... .......... ................ — .............. - ..... ................................... ............ ..... — ..... 1— Development Code Subchapter 6 — Specific Uses Sections: 35.6.1 General. 35.6.2 Definitions. 35.6.3 Procedure. 35.6.4 Plan Requirements. 35.6.5 Approval Criteria. 35.6.6 Conditions. 35.6.7 Revocation; Abandonment. 35.6.1 General. .............. Certain uses are permitted in each zoning district only by Specific Use Permit. This Subchapter provides standards by which applications for a Specific Use Permit are to be evaluated. No Specific Permitted Use may be established, enlarged or altered unless the City Council first issues a Specific Use Permit under the Zoning Amendment Procedure detailed in Subchapter 3. 35.6.4 Plan Requirements. A. A plan is required to be submitted for all Specific Use Permit applications in accordance with the Application Criteria Manual. B. An application for a Specific Use Permit may, but need not be, made concurrently with any required application for site design review under Subchapter 13. 35.6.5 Approval Criteria. M I yr-lyr-I M. I ilia I I 35.6.6 Conditions. - --l-1-1-1-1 - - ........................ - -.1 � � 11 � 1 11 - cl 8u6ubupte,6 '----............. ............ — ....... ........................................ --------- Development Code 35.6.7 t ff ........................................... ...... .......................................... ............................ ......................... Development Code Subchapter 7 — Special Purpose and Overlay Districts W-74 =1 35.7.1 Purpose. 35.7.2 General Standards. 35.7.3 Creation of Special Purpose and Overlay Districts. 35.7.4 Denton Municipal Airport Overlay District. 35.7.5 Fry Street Overlay District. 35.7.1 Purpose. ........... The purpose of this Subchapter is to allow the creation • Special Purpose and Overlay Districts within the City. The districts should be established to protect and enhance certain specific lands and structures which, by virtue of their type • location, have characteristics which are distinct from lands and structures outside such special districts. The districts shall contain such reasonable and necessary requirements to insure the protection and enhancement • said lands and structures. 35.7.2 General Standards. 35.7.3 Creation of Special Purpose and Overlay Districts. C. Regulations or Design Standards proposed to promote the special purposes of the Special Purpose and Overlay District. D. Regulations or Design Standards for any Special Purpose and Overlay District shall be designed to reasonably promote the purposes of the district, and may require or address any of the folio g, in addition to or in lieu of other regulations affecting property within the Special Purpose and Overlay District. 2. Mixtures or limitations or permitted uses; 3. Special performance standards and development regulations; I 35.7.4 Denton Municipal Airport Overlay District .......... =1 It is the purpose and intent • this article to regulate and restrict the height of structures and objects of natural growth and the use of Vo�*ertip in the viciniki of the Denton Munici�cal.Airport—Tlie-re,,mclations are intended to prevent the encroachment of noise sensitive or otherwise incompatible land uses which may endanger the health, safety, and welfare of the owners, occupants, or users of the land to prevent the creation or establishment of obstructions that are a hazard to air navigation. The regulations also are intended to implement state and federal rules pertaining to the regulation of land uses in the vicinity of airports. RI-7 *A E W� NM The following words, terms or phrases, when used in this article, shall have the meanings attached to them in this section: Nonconforming use or structure. Any pre-existing use or structure, including an object of natural growth, which is inconsistent with the provisions of this article. Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 35.7.4.4. I a I 4 91 Subchapter -------'--------'--------------------' Development Code Transitional surface. A surface extending outward and upward at right angles to the runway centerline at a slope of 7:1 from the sides of the primary surface and from the sides of the approach surface. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, angles to the runway centerline. �� 35.7.4.4 Airport height hazard district. A District established. There is hereby established an Airport Height Hazard District (AHHD) within that area lying beneath the Approach Surfaces, Transitional Surfaces, Horizontal Surface and Conical Surface of the Denton Municipal Airport. The AHHD consists of the following subdistricts, which are depicted on a map prepared by Coffman & Associates, a copy of which appears as the Airport Height Hazard District map and which constitutes the zoning map for the district. C. Aeight limitations. Except as otherwise provided in this article, no person shall erect, alter or maintain a structure, and no person shall allow a tree or other natural object to grow in excess of the applicable height limitations established herein for each airport height hazard subdistrict. 1. Approach zones. For runways 17L-35R and 17R-35M a. Beginning at the end of and at the elevation of the primary surface, one (1) foot in height for each fifty (50) feet in horizontal distance; and b. Beginning at a point ten thousand (10,000) feet from the end of the primary surface and extending an additional forty thousand (40,000) feet along the extended runway centerline, one (1) of in height for each forty (40) feet in horizontal distance. ffllmflfln! M� a. Beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty- (150) feet above the airport elevation (six hundred sixty (660) feet above mean sea level), one (1) foot in height for every seven (7) feet in horizontal distance; in Subchapter 7 ............................................ ........ --- .......................... - .. . ........ I ... - Development Code b. Beginning at the sides of and at the same elevation as the approach surfaces, and extending to where they intersect the conical surface, one (1) foot in height for every seven (7) feet in horizontal distance; and 35.7.4.5 Airport compatibility land use district. A District established. There is hereby established an Airport Compatibility Land Use District (ACLUD), consisting • two sub• istricts (ACLUD-1 and ACLUD-2), the boundaries • which are shown on th- • a ompatibility Land Use District map and which constitutes the zoning map for the district. It. Prohibited uses in airport compatibility land use district. The following uses are prohibited within the airport compatibility land use district: 1. Educational uses. All educational uses, including but not limited to, public and private schools, kindergartens, and child care facilities, colleges and universities, and vocational schools, are prohibited within the ACLUD; provided, however, that the following educational facilities are permitted within the district: a. Schools for flight instruction or for vocations associated with the airport, airplanes of aviation related activities; and a. Medical, dental or optical clinics for the examination, consultation or treatment of patients as out patients; c. Establishments for the sale or rental of or industrial facilities for the manufacture of medical or optical supplies and equipment; d. Pharmacies, veterinarian clinics and related facilities; and KWOE, U1--MPM I Z The following regulations apply within the ACLUD-1 subdistrict: 77 C. Noise mitigation standards. Any residential structure that was established prior to the effective date of this article and that is permitted to be repaired, rebuilt or remodeled in accordance with the provisions of Section 35.7.4.9 shall be repaired, rebuilt or remodeled in compliance with the noise mitigation standards set forth in Section 35.7.4.12. 1. Noise mitigation standards. Construct, repair, rebuild • remodel the residential structure in accordance with the noise mitigation standards in Section 35.7.4.12; or A. Designated official. The Director of Planning and Development shall be the official responsible for administration of the airport zoning regulations. 78 Subchapter 7 ............... ------- ................................. ...... ........ ............................................ . . —.-- ... ........ -- Development Code A. Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or alteration of any structure • natural object not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of any nonconforn-rinLy use. Nothina herein contained shall require any change in the construction, alteration or intended use of any structure, for which a complete application was accepted for filing prior to the effective date of this ordinance, which is consistent with existing regulations and for which construction is diligently pursued. ff. Marldng and lighting, Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or area is hereby required to permit the installation, operation, and maintenance hereon of such markers and lights as shall be deemed necessary by the director, in order to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall • installed, operated, and maintained at the expense of the city or the FAA. 35.7.4.10 Variances. A. Application for variance. Any person desiring to erect or increase the height of any structure, or perniii the growth of any natural object, or use his property, in violation • the airport zoning regulations prescribed in this article, shall first apply to the board of adjustment for variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal • the operation of air navigation facilities and the safe, efficient use of navigable airspace. 1. A literal application or enforcement of the regulations will result in a practical difficulty or unnecessary hardship; and 2. The relief granted would not be contrary to the public interest, but do substantial justice, and be in accordance with the spirit of this ordinance. M lm�rwvdtlj - I I Airport Height Hazard District PRI Subchapter? ......... ....................... ....................................... .,...... ................... Development Code Airport Compatibility Land Use Subdistricts C. Conditions. The board may impose any, reasonable conditions on the variance that it considers necessar-, to accomplish the purposes of this article. D. Procedures. The board of adjustment shall consider the variance application at a public hearing in accordance with its regular procedures. 81 Subchapter? ........ I .......... --- ...... Development Code 35.7.4.11 Board of adjustment. IT11F!,111,1111MIU, W M 1. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. 2. At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar. 3. Window and/or through the wall HNTAC type units shall not be used. • 74944MISTINT121 M-0 5. All sleeping spaces shall be provided with a sound absorbing ceiling and carpeted floor. 6. Through the wall/door mailboxes shall not be used. 1*0=;Rywt�- I 1. Masonry walls having a surface weight • at least 40 pound per sq ft do not require a furred interi wall. In areas over 70 Ldn, masonry walls having a surface weight ♦ at least 75 pounds per sq ft not require a furred interior wall. At least one surface of concrete block wall shall be plastered • painted with heavy "bridging" paint, 2. Stud walls shall be at least four inches in nominal depth and shall be finished on the outside with siding on sheathing, stucco, or brick veneer. ME3 �1� M. Subehapter 7 ........... .. .... . . ............................. .... . . ..... - ...... — Development Code d. Insulation material at least two inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wood, MNWl I III 1111111111111 1111111111111111! 1111 � I I !I I 11111111lig I !I! I! I 2. Double-glazed windows shall employ fixed sash or efficiently weatherstripped operable sash. The sash shall be rigid and weatherstripped with material that is compressed airtight when the window is closed. 5. The total area of glass of both windows and exterior doors in sleeping spaces shall not, exceed 20 percent of the floor area. FIRIEW M4 F. Ceilings 1. Gypsum board or plaster ceilings at least '/2-inch thick shall be provided, where required by Section 35.7.4.12.A.5. Ceilings shall be substantially airtight, with minimum number of penetrations. 2. Glass fiber or mineral wood insulation at least six inches thick shall be provided above the ceiling between joists. The floor of the lowest occupied rooms shall be slab on grade, below grade, or over a fully enclosed basement. All doors and window openings in the fully enclosed basement shall be tightly fitted. M Subchapter 7 .............................. Development Code MINUfflyff WIT M, 1. A mechanical ventilation system shall be installed that will provide the minimum air circulation an�. fresh air-supply requirements for various uses in occupied rooms, without need to open any windows, doors, • other openings to tile exterior. 3. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with shee'j metal transfer ducts of at least 20-gauge steel, which shall be lined with one-inch thick approved duct liner, and shall be at least five-feet long with one 90-degree bend. In areas over 70 Ldn, the duct lining shall • at least 10 feet long. 4. All vent ducts connecting the interior space to the outdoors, excepting domestic range and dryer exhaust ducts, shall contain at least a 10-foot length of approved internal sound-absorbing duct lining. Each duct shall be provided with a line 90-degree bend in the duct such that there is no direct line • sight through the duct. 6. Domestic range and dryer exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination that allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle R late shall • of the same material and thickness as the vent duct material and shall have the same free area as the vent duct. 7. Building heating units with flues or combustion air vents shall be located in a closet or room closed off from the occupied space by doors. sling 35.7.5 Fry Street Overlay District ■ 92filam The purpose and intent of this article is to ensure public peace, safety, cleanliness, and general welfare for community members and patrons of the Fry Street District, by providing for regulations on off-street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential and commercial density. M Subchapter 7 ............. ........................................ ........................ 11.1.1 Development Code M 1111110�94 � IffrAIMIUMV411 Subchapter 8 — Group Homes Sectiars: 35.8.1 Purpose. 35.8.2 Use and Operation. - -------------------- _ ----------- The use and operation • a Community Home for Disabled Persons that meets the qualifications of this Subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than 6 residents and two supervisors regardless • the legal relationship of those persons to one anther and the community home is not wid-rin one-half mile of an existing community home. The residents of the community home may not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor ve-4icles ift. nurt.bers fliat exceed the nuvibers of bedrooms in the home. 35.8.3 Qualification. To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123 of the Texas Health & Safety Code and the following regulations: mn� r A community based residential home may be operated by: 5. An assisted living facility licensed under Chapter 247 of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. M Subchapter 8 ......... - ... __ ...................................... ......... ...................... Development Code WELE=_1 C. Site Plan Required. !!I 11�111 I III Jill 1�111 il 1111 ill �11 11�111111 11� MMI I K It • It MIS 11,714011 I=,* ALI] LV IV VWW - I W ods m .Wig a. To house one (1) handicapped person per bedroorn, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. b. To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 2. Any single-family dwelling unit, which is proposed to be utilized for, shared group housing for handicapped persons shall provide for a separate bedroom for the care provider or providers. 35.8.4 Specific Use Permits. . . ........................................ . A. Permit Required. C. Site Plan Requirements. 3. Any structure, which is proposed to be utilized for an assisted living facility, group housing for handicapped persons of institution shall provide for a separate bedroom for the care provider or providers. M Subchapter 8 ..................... . . ........ . ................. ................. Development Code In considering the application, the City Council may take into account the proposed location of tlM Assisted Living Facility, Group Home for Handicapped Persons or Institution in relation to the prese 'WI-Emn M."Mi -MlEm- axment=Aft�, application and the proposed, Assisted Living Facility, Group Home for Handicapped Persons Institution complies with this Subchapter and other applicable laws, codes and regulations, the permit sh be issued. I 1�6 Any person whose application for a permit under this Subchapter has been denied, may, within ten (11 days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No n application for a permit shall be accepted within one year of the denial, unless the denial upon rehea or the denial for rehearing, is without prejudice to the refilling of same. F. Inapplicability of Section. The permit requirement is for the use and occupancy of Assisted Living Facilities, Group Homes or Institutions and does not include Community Homes for the Disabled. 35.8.5 Licenses. A. License Required. Z= pptication tor originai license =1 e in writing, sig-n—eTry-th-e appTcant, acc the applicant as to the truth of the application, the deposit of the required license fee and shall comply with the Application Criteria Manual, and provide the following: MER.,' 2. A copy of a valid Certificate of Occupancy; 3. The location and legal description of property where the Assisted Living Facility, Group Home or Institution will be located; and and within ten (10) days, a rehearing, which hearing shall be granted by the City Council. A denial upon rehearing shall be final and binding. No new application for a license shall be accepted within one year of the denial, unless the denial upon rehearing is without prejudice to the refilling of same. z Subchapter 8 ...................................... .................................................................................................... -- ............................ Development Code R-TRT"I""Mis M. forms furnished by the City Secretary on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by information required by the Application Criteria Manual. ffimngff�= All original license applications or renewals hereof shah be accompanied by a fee periodically establish by the City Council. All renewal fees shall be due on the issuance of the renewed license. i G. Violations; Notice Suspension/ Revocation of License. 35.8.6 Location of Assisted Living Facility, Group Home for Handicapped Persons or Institution. An Assisted Living Facility, Group Home for Handicapped Persons or Institution may be located in any district which allows multifamily developments as provided in this Chapter. No other Assisted Living Facility, Grouv, Home for HandicaWed Persons or Institution shall be located within a radius of 600 feet of the facilit;* home or instill" . A 1 li 1. 35.8.7 Inspections. Any duly authorized inspector of the City, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor-Collector shall be permitted to make reasonable inspections of any Assisted Living Facility, Group Home, or Institution to determine compliance with applicable Chapters. W Subchapter 8 ........... - ....... ......... ....... ...................... ---- ...... 1---.1 .... Development Code Any duly authorized inspector of the City, as set forth in subsection (A) shall have the p 'r to enter m owe, reasonable times upon any private or public property for the pui ose of inspecting and inves a conditions relating to the enforcement of this Subchapter. The inspector should seek the permission o lawful adult occupant prior to entry. Upon refusal of entry, the City shall have all available remedies at I to gain entry, including but not limited to a court order showing probable violation of state or local law. I 35.8.8 Notices, Hearings and Orders. F-=%1 W.M. MM=MM-M=M=MM==1M=M=M 01. uJis OuDcnapLer' CIC �-Ry k-*U11L I I I 11 1 �11 X Z311alL g1VC or their respective agent, and each resident of the facility as provided. The notice shall: 1. Be in writing; 2. Include a statement of the reasons for its issuance; The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order the immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and general welfare of the citizens of the City. 35.8.9 Compliance Required ................ It shall be the responsibility of the Pcrmittee or Licensee to ensure that all requirements of this Subchapter are met and maintained. Any violation of any of the provisions of this Subchapter shall subject the Permittee or Licensee to the general penalty provisions of this Chapter. 91 Subchapter 9 ............ ....... ...................... ---. ... Development Code Subchapter 9 — Manufactured Homes Sections: 35.9.1 Definitions 35.9.2 General 35.9.3 Inspections 35.9.4 Permit Required 35.9.5 License Required. 35.9.6 Technical Requirements. 35.9.7 Fire Safety. 35.9.8 Management and Resident Responsibility, 35.9.1 Definitions. a Subchapter 9 ... --- .......... .............................. ..................................................................... ...... ........................... Development Code Manufactured Home Lot. A parcel or tract of land for the placement of a single manufactured home and the exclusive use of its occupants and which is located in a mobile home subdivision approved by the planning and zoning commission of the City. Manufactured Home Park. A unified development of manufactured home spaces or stands arranged on a tract of land under private ownership meeting all requirements of this chapter. Manufactured Home Subdivision. A unified development of manufactured home sites or lots which have been divided for the purpose of individual ownership and which is governed by the provisions of the subdivision regulations of the City. Natural or Artificial Barrier. Any creek, ravine, pond, railroad, fence, hedge or similar physical separation which prohibits a direct view from outside the mobile home park. I III ��� I I I I I . 0 Replacement. The act of moving one (1) manufactured home from its existing stand and replacing it with another manufactured home. Screening Device. A solid masonry or wooden wall or fence, a woven wire or chainlink fence with metal strips woven through the mesh to form a solid screen, a woven wire or chainlink fence with evergreen shrubs forming a sight screen. Site. The same as stand, unless otherwise stated in the section. ZE Subchapter 9 ............. 1-1111111111-11.1 ........... ................................. ........ ............................. ---- ......................................... Development Code W M-arsummmmsm. rm. M 35.10.2. General. 35.9.3. Inspections. The Building Official, the Fire Chief, the Fire Marshal, the Police Chief, the City Engineer, the Assistant City Manager of Utilities and the Tax Assessor are hereby authorized and directed to make such inspections as are necessary to determine compliance with this chapter. KI&.1415m: nljjm3m�� The Building Official, the Fire Chief, the Fire Marshal, the Police Chief, the City Engineer, the Assistant City Manager of Utilities and the Tax Assessor or other City official shall have the power to enter at reasonable ri the enforcement of this chapter and for the maintenance of the utilities. 35.9.3.2. Inspection of register. The Building Official, the Fire Chief, the Fire Marshal, the Police Chief and the tax assessor-collector shall have the power and authority in discharging their official duties to inspect the register containing a record of all residents of the manufactured home or recreational vehicle park. 35.9.3.3. Duty of occupants. It shall be the duty of every occupant of a manufactured home or recreational vehicle within a licensed park to give the licensee, his agent or authorized employee access to any part of such park at reasonable times for the purpose of making such repairs or alterations as are necessary to effectuate compliance with this chapter. Whenever, upon inspection • any manufactured home or recreational vehicle park, the Building Official finds that conditions • practices exist which are in violation of any provision of this chapter, he shall give noticc in writing in accordance with section 32-7 to the licensee that, unless such conditions or practices are corrected within a reasonable period of time specified in such notice, the license shall be suspended. At the end of such period of time, the Building Official shall re-inspect such park, requesting assistance from other City departments as may be required, and if such conditions or practices have not been corrected he shall M MR7411, 00 BEIMM. 35.9.3.5. Violation - Requirements of notice. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this chapter, the Building Official shall give notice of such alleged violation to the licensee or agent. Such notice shall: A. Be in writing; B. Include a statement of the reasons for its issuance; C. Allow a reasonable time for the performance of the act it requires; D. Be served upon the licensee or his agent, provided that such notice or order shall be deemed to have been properly served upon such licensee or his agent when a copy thereof has been sent by mad to his last known address or when he has been served with such notice by any method authorized of required by the laws of this state; and E. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter. 35.9.4 Permit 35.9.4.1. Required. It shall be unlawful for any person to construct, alter or extend any manufactured home park or recreational vehicle park within the limits of the City unless he holds a valid permit issued by the Building Official in the name of such person for the specific construction, alteration or extension proposed. 35.9.4.2. Exceptions. No permit shall be issued for the construction or occupancy of a permanent residential structure in any manufactured home subdivision, manufactured home park or recreational vehicle park with the following exceptions: A. One (1) existing residential structure may be retained for the occupancy of the owner or agent of the park or subdivision; All applications for permits required under this article shall be made upon standard forms provided by the Building Official and shall contain the following: M Subchapter 9 ............................ ............................... Development Code 35.9.4.4. Fees. A. Building permit. Each application to the Building Official for a permit required under this article shall be accompanied by a fee of one hundred dollars ($100.00) for up to the first ten (10) stands and two dollars ($2.00) per stand thereafter. B. Plumbing permit. The plumbing permit fee shall be two dollars ($2.00) per sta C. Electrical permit. The electrical permit fee shall be two dollars ($2.00) per sti ], 35.9.5 License ........... ........... 35.9.5.1 License Required. It shall be unlawful for any person to operate any manufactured home or recreational vehicle park within the limits of the City unless he holds a valid license issued for the current year by the Building Official in the name of such person for the specific park. All applications for licenses shall be made in writing on forms furnished by the Building Official, who shall issue a license. 35.9.5.2. Application for License. A. Application for a license required under this article shall be in writing and contain: 1. The name, address and phone number of the applicant; 2. The name, address and phone number of the manager; 3. The name and address of the park; nlvx*�- Each original application • renewal for the license required under this article shall • accompanied by a fee as determined by the City Council and • file in the office • the City Secretary, plus an additional fee for each manufactured home stand • travel trailer stand in the manufactured home • recreational vehicle park. All renewal fees shall be due on October 1 of each year. 35.9.6. Technical Standards. 35.9.6.1. General Requirements. Any development, redevelopment, alteration or expansion of a manufactured home park or recreational vehicle park within the City limits shall be done in compliance with the following requirements: A. Location. A manufactured home or recreational vehicle park shall be located only in designated zoning areas and with a specific use permit for that purpose, as provided and defined in the zoning ordinance. M Subchapter 9 ............................. . . ................ Development Code C, Open space requirements. 1. The minimum front yard setback shall be fifteen (15) feet from the nearest corner of the manufactured home or recreational vehicle to the front line of the stand. 2. No manufactured home or travel trailer shall be closer than fifteen (15) feet to any adjoining public right-of-way. 3. For other structures, the minimum front yard setback shall be at least fifteen (15) feet. 4. The minimum distance between manufacture homes and recreational vehicles shall be twenty (20) feet on the side and sixteen (16) feet on the front and rear. E. Manufactured home stalls. The area of the manufactured home stall shall be concrete to provide -adequate support for the placement of the mobile home. F. Parking. Every manufactured home stand shall have two (2) off-street parking spaces; recreational vehicle stands shall have one (1). -liff9grM rM.", A. Generaly. Internal streets in manufactured home parks or recreational vehicle parks shall be privately owned, bat and maintained and shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of park residents. • 2"Waffemm M Subchapter 9 ............... .................... i-- .... . ... ....................................... Development Code H. Numbering, naming of streets. All streets within each park shall be numbered or named in an approved manner. 35.9.6.3. Installation of telephone lines, semipublic telephone. All telephone lines meeting the requirements of the telephone company shall be installed underground in manufactured home parks or recreational vehicle parks. KIMRME�T44 M-. MOTIMM # Ruffal". lwm���IIMMMMM= B. Water distribution system. 1. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and City regulations and requirements. 2. Individual water meters shall be provided for each manufactured home unit. 3. A backflow preventer will be required to be placed at the property line on the discharge side of the master meter if the property is master metered. Beyond the master meter, the City has no maintenance responsibility. i 8 i, i i RMMM�0=110 111 11 • M =014 .!11111111111111 Development Code 35.9.6.6. Sewage Disposal. 4. Provision shall be made for capping the sewer riser pipe in an approved manner when the stand unoccupied. Surface drainage shall be diverted away from the riser. The rim of the riser pipe sh extend at least four (4) inches above ground elevation. 35.9.6.7. Electrical Distribution System. A. Installation. All electrical wiring in the manufactured home or recreational vehicle park shall be underground and installed in accordance with the electrical code adopted in chapter 28 of this Code and specifications of the City. �j MIMMIM 11111 1111 Pill �l�I IIIIIIIIIII", 1 1111111 11 1111 III OR iiiiiiiiii 1111111111 1111111111111 1111111 z! IIIIII IIIIIIIII A. General requirements. The requirements of this section shall apply to manufactured home or recreational vehicle park service buildings, recreation buildings and other community service facilities, including but not limited to the following: 1. Management offices, repair shops and storage areas; 2. Sanitary facilities; 3. Laundry facilities; 4. Indoor recreation areas; and 100 Subchapter 9 .............................................. Development Code 5. Commercial uses supplying essential goods or services for the benefit and convenience of park occupants. H . 35.9.6.11. Fuel Supply and Storage. Fuel supply and storage in manufactured home or recreational vehicle parks shall comply with the following: A. Natural gas system. 1. Natural gas piping systems shall be installed underground and maintained in accordance with applicable codes and regulations governing such systems. 2. Each stand provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use. • M Mill Subchapter 9 ................................................... ....... --i--l— .................... Development Code 35.9.7. Fire Safetv Standards. 35.10.8. Management and Resident Responsibility. I I - .............. Fs- Responsibilities of the park management. The following shall be the responsibility of manufactured home or recreational vehicle park management: a. Name and stand number of A park residents; b. 11\,Iobile home registration data, including make, length, width, year of manufacture and identification number; W 5. A new register shall be initiated on January 1 of each year, and the old register may thereafter be retired but shall be retained on the premises for at least three (3) years following its retirement. Registers shall be available for inspection at an reasonable times by any official of the City whose duties may necessitate access to the information contained therein. lul Subchapter 10 be-v—e-fo-p' ... m ... e'nt ... Cade Subchapter 10 — Sexually Oriented Businesses Sections: 35.10.1 Purpose and Intent — ---- — - - -------- . .. . . . ................I I ORD No. 90.063, 4-17-90. 105 Subchapter 10 ................... ...... ...... Development Code 3. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or se private booths or cubicles for viewing films, videos, or live sex shows. 7. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea are principally transmitted by sexual acts. 8. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. 9. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films. 10. The findings noted in Subsections 1 through 6 raise substantial governmental concerns. 11. Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. 12. The general welfare, morals, health and safety of the citizens of the City will be promoted by the enactment of this Subchapter. 35.10.2 Location of Sexually Oriented Businesses. I- ___ ............ .... • rilations • this Chapter are enacted pursuant to the authority of Chapter 211 of the local The lcation reg Government Code. All other provisions of this article are enacted p pursuant to the City's olice power and the authority of Article XI, Section 5 of the Texas Constitution. A sexually oriented businesses shall comply with the following separation requirements: A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof 35.10.4 Additional Regulations for Escort Agencies. A. A. An escort agency shall not employ any person under the age of 18 years. 106 Subchapter 10 ................ — ........... ........................... -- ...... ........... I .... Development Code B. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years. 35.10.5 Additional Regulations for Nude Model Studios. 35.10.6 Additional Regulations for Adult Theaters and Adult Motion Picture Theaters. .......... 35.10.7 Additional Regulations for Adult Motels. A. Evidence that q sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article. 35.10.8 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. 107 Subchapter 10 Development Code 3. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection (1) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the establishment that does not have an unobstructed view from a manager's station. 4. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level. 5. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises. B. A person having a duty as provided in Subsections (1) through (5) of Subsection (A) above commits an offense if he or she knowingly fails to fulfill that duty. 35.10.9 Defenses to Enforcement 1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and 2. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and 9 - - - E. It is a defense to prosecution under this Subchapter that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. 108 Subchapter 11 ................. . ............... Development Code Subchapter 11 — Nonconforming Uses Sections: 35.11.1 Purpose. The use of property or buildings within the City shall not be made non-conforming by the initial adoption of this Chapter. Existing or new nonconforming uses will be regulated by the provisions of this Subchapter. No nonconforming use of land or structures shall be enlarged, changed, altered of: repaired, except in accordance with the provisions of this Subchapter. 35.11.2 Types of Nonconformity. A. Land Uses. IMINUMMMM Any structure (building, structure or site development) which was in existence and lawfuly constructed and located on the effective date of this Chapter and has been in regular and continuous use, but which does not conform to the lot area, lot dimensions, front yard, side yard, rear yard, coverage, height, floor area ratio, parking, loading, building spacing, screening, landscaping, exterior brick or stone content or other regulations as prescribed in this Chapter shall be deemed a nonconforming building of structure, except as specifically exempted by other sections of this Subchapter. 35.11.3 Special Exceptions. The initial adoption of this Chapter shall not cause any existing, legal use of property, building, structure or site development to become nonconforming. Those lots, structures, and uses of land and structures which were lawful before this Chapter was adopted, but which would be prohibited, regulated, or restricted under the terms of this Ordinance are automatically given a Special Exception designation. This provision shall be liberally I Tex. Loc. Gov't Code §43.002(a)(2) (Vernon, 1999). WZ Subchapter 11 ............................... ............. ........................................................................................................................................................ Development Code construed to allow the property to be used in the same or similar manner as allowed under the prior development regulations. The following restrictions apply to Special Exceptions: A. A land use may expand within the same lot, expansion of a Special Exception onto an adjoining lot will require approval of City Council using the Zoning Amendment Procedure. B. A building my be expanded in keeping with the requirements of the Expansion Applicability Table found in Subchapter 13. C. A building or site may be rebuilt as is after being destroyed in part or in total, except for voluntary demolitions. 35.11.4 Exemptions. A. Residential Structures. Any single-family or duplex structure lawfully existing on the effective date of this Chapter shall be deemed a lawful structure. B. Prior Construction Approved. Nothing contained herein shall require any change in the plans, construction, or designated use of building legally under construction, or for which a permit for construction has been issued, at the time passage of this Chapter or amendments. Legally under construction shall mean that, at a minimum, foundation of such building is lawfully under construction at the time • passage • this Chapter amendments. IMMMIUM • -WOUT • eminent domain, dedication • purchase, b or federal agency creates noncompliance • the structure regarding any requirement of his Chapter, such structure shall be deemed a lawful structure. Such designation shall aigw*v onlk% to noncom(ailiance thwresults directlk% from the acquisition • f right-•f-way. In the event that such structure is partially ► totally destroyed by natural or accidental causes, the structure may be rebuilt upon approval • a building permit by the Building Official. 35.11.5 Nonconforming Land Use Standards. Mmzz�= � A. A nonconforming use may be continued subsequent to the effective date of this Chapter provided that such continuance is in accordance with the provisions of this Subchapter and all other applicable codes of the City necessary to ensure adequate protection and safety of adjacent property and the users and occupants of such nonconforming use. However, the right to operate a nonconforming use shall cease and such use shall conform to the provisions • this Chapter under any • the following circumstances: 1. Whenever a nonconforming use is discontinued for six months • more all nonconforming rights shall cease, and the use of the premises shall be in conformance with this Chapter and all applicable code • the City. The term "discontinue" shall mean that the property • structure is vacant and no attempt to market the property is observable • the property • from the exterior of any structure, or that the property • structure is vacant and City taxes owed on the property are delinquent. The Board of Adjustment may grant a special exception to this provision only if the owner can show there was a clear intent not to abandon the use even though the use may have been discontinued for six A#LO%ths. 110 Subchapter 11 ....... ............................... —111-- Development Code 35,11-5.2 Changing Nonconforming Land Uses. A. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use. B, A change of use from one nonconforming use to another nonconforming use may be made, provided that such change is to a use of the same or more restricted classification. In the event that a nonconforming use is changed to a nonconforming use of a more restricted classification, the building of structure containing such nonconforming use shall not later be reverted to the former lower or less restricted classification. C. A nonconforming use may be expanded or enlarged only upon approval of the Board of Adjustment. 1. The lawful change of tenant or ownership of a nonconforming use or structure shall not cause the loss of nonconforming rights. 35.11.5.3 Discontinuation of nonconforming uses. 1. The right to operate a nonconforming use terminates if the nonconforming use is discontinued or remains vacant for six (6) months or more. The Board of Adjustment may grant an exception to this provision only if the owner can state an extreme circumstance that demonstrates that there was not an intent to abandon the use even though the use was discontinued for six (6) months or more. 2. A nonconforming use terminates when the structure housing the use is destroyed by the intentional act of the owner or his agent. 3. A nonconforming use terminates when the structure housing the use is destroyed by the intentional act of the owner or his agent. 35.11.6 Nonconforming Structures. Subchapter I I ........... I ........... ....... ..................... Development Code B. Nothing contained herein shall be construed to prohibit the strengthening or repair of any part of any nonconforming structure declared unsafe by the Building Official, unless such repairs exceed fifty (50) percent • the replacement cost of the structure. In such case the right to operate, occupy or maintain such structure may be terminated by action of the Board of Adjustment, and such structure shall be demolished. D. The lawful change to tenant or ownership of a nonconforming use of structure shall not cause the loss of nonconforming rights. IIE Subchapter 11 ................... i.— ..... ........... - ........................... ................... ................. Development Code 35.11.7 Amortization of Nonconforming Land Uses and Structures. ------------ ----- - .. ... ... ------ - -- - ............... .............. 35.11.8 Illegal Uses b. Chapter 26: Art. V, "Direct and Indirect Discharge Into the Sanitary Wastewater System" of the Denton City Code; C. Chapter 26: "Pollution Control" of the Denton City Code; Ilf Subchapter ll Development Code IM Subchapter 12 Development Code Subchapter 12 — General Regulations. Sections: 35.12.1 35.122 35.12.3 35.12.4 35.12.5 35.12.6 35.12.7 35.12.8 35.8.9 35.8.10 35.8.11 35.8.12 35.12.13 Purpose. Yard Measurements. Utilities. Accessory Uses. Minimum Floor Area Requirements. Minimum Residential Lot Size Outside Storage Wireless Telecommunications Facilities Temporary Uses Home Occupations Industrial Performance Standards Salvage Yards and Industrial Operations. Commercial Excavation / Removal of Earth Products. 35.12.1 Purpose. The purpose of this Subchapter is to ensure that development will not negatively impact the use and enjoyment of adjacent and neighboring properties. The intent is to ensure that new development will contribute to the overall attractiveness of the City and to increase the design compatibility between abutting properties and land Uses. 35.12.2 Yard Measurements. 35.12.3 Utilities. .............. 115 Subchapter 12 ............ ....... .......................................................................... ....... — ....... ....................................................... ........... Development Code 35.12.4 Accessory Buildings and Structures. 6. A guest quarters in a detached building shall be located no closer to the side lot lines than the main residence. C. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shau not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equipment may • placed in a side yard abutting a side street if there are lot or building constraints from placing it in the other side yard and the equipment is screened with a fence or landscaping. Any installation • mechanical equipment shall require a building permit. D. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height. 35.12.5 Minimum Floor Area Requirements. ......... .. . ..... The minimum heated floor area requirements for single-family dwellings, including modular homes, or any manufactured home in any zoning district is 900 square feet per unit. Multifamily and accessory dwelling must have at least 500 square feet or floor space per unit. The minimum floor area required does not include porches, patios, garages, • carPorts. 35.12.6 Minimum Residential Lot Size. Each residential unit, whether attached or detached, must be built on a lot that is at least 2 times the square footage of the unit constructed on the lot. The lot must be at least 1.5 times the footprint of the unit constructed on the lot. 116 Subchapter 12 ................ ......................... I .......... I-- ... — ............. 11— Development Code 35.12.7 Outside Storage. ..... ..... I ............ I I I-- ........... Outdoor storage shall comply with the following design criteria in conjunction with any use when the outdoor storage is accessory to the main use: A. Is screened from any right-of-way or adjoining property in accordance with the provisions of section 35.13.8.B. 35.12.8 Wireless Telecommunications Facilities. 1. Cities have local authority over "placement, construction, and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities. 2. Regulations "shall not unreasonably discriminate among providers of functionally equivalent services." 3. Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services." 117 35.12. 8.1 Definitions. Alternative Mounting Structure. A man-made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. Antenna. A structure or device used to collect or radiate electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth stations. mmm Antenna Array, An arrangement of antennas and their supporting structure. Antenna, Dish. A parabolic bowl shaped device that receives and/or transmits signals in a specific directional Antenna, Panel. An antenna which receives and/or transmits signals in a directional pattern. Co-location. A single telecommunications tower and/or site used by more than one telecommunications service provider. EIA-222. Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures." N,�;. Federal Aviation Administration or any successor agency. FCC Federal Communications Commission or any successor agency, Telecommunications. The transmission, between or among points specified by the user, of audio and/or visual information of the user's choosin, without chaa,,ge in the form or content • the information as sent and received. Telecommunications Service. The offering of telecommunications for a fee directly to the public, or to such classes of users to be effectively available directly to the public, regardless of the facilities used. ................. ............................... ........ ............................... I ...... ....... Subchapter 12 ...... Development Code �Ia V%;j9=�CTTIT-TFWiW$T7r-T= 5. A landscape plan showing specific landscape materials. 6. Method of fencing and finished color and, if applicable, the method of camouflage and illumination. IIWI Subchapter 12 ............... --- ...... ---- ...... - .......... - Development Code KI-APAJEM A. Applicable Federal and State Standards. AU telecommunications towers and antennas shaU be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state, and local standards. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall. bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controUing state or federal agency. G. Lighting. Except as otherwise permitted in this ordinance, no signals, lights, or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority. 120 Subchapter 12 .................... .......................... ............................... ................................ 1-- ....... ........................ ---- ........ I ........... Development Code F. Alternative Mounting Structures. 1. New Alternative Mounting Structures 100 feet (30 meters) or less in height are permitted, except as provided in Section 35.12.8.7, and other applicable sections of this Subchapter. 2. New Alternative Mounting Structures in excess of 100 feet (30 meters) in height are permitted, except as provided in Section 35.12.8.7, and other applicable sections of this Subchapter. 3. Alternative Mounting Structures must be similar in color, scale, and character to adjoining buildings or structures ♦ blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment. 35.12.8.6 Antenna Mounting Standards The purpose of this section is to promote public safety and maintain order and harmony within the City's business, cultural, and residential districts by restricting the size and location ♦ telecommunication antennas. The objective is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares, and to insure the structural integrity of supporting structures. I # 1 4 1 . Individual telecommunications antennas are allowed on existing electric utility poles, light standarcm and telecommunication towers in excess of 40 feet (12 meters) in height, provided that the to length of any antenna does not exceed 15 percent of the height of the structure. The height o i 11W �I ' � telecommunications tower is determined by the highest point of any and all components of the structure, including antennas. 2. Telecommunications antennas and arrays are allowed by right on existing electric transmission towers. 5. Whip antennas are permitted on non-residential buildings and multi-family dwellings in all zo districts, provided that the total length of said whip antennas, regardless of mounting method location, does not exceed 15 percent of the height of the building. I 6. Only one building/roof mounted antenna support structure, less than 100 square feet (9 square meters) in area, is permitted per 5,000 square feet (450 square meters) of building floor area. B. is Antenna Mounting Standards. 1. Dish antennas shall not be permitted in any front setback area or sideyard setback adjacent to any roadway. W% Subchapter 12 ..................... ....................... ..............a. Development Code 35.8.8.7 Telecommunications Use Chart Notes: Stealth Stealth, Non - residential and multi - family structures only, Non - residential and multi - family structures only: Non - residential structures in excess of 5000 sq. ft of floor area. Non - residential structures in excess of 100,000 sq. ft. of floor area. 123 Subchapter 12 .1 .... — ... ..................... Development Code Prior to the installation of any building/roof mounted telecommunications antenna, antenna array, or support structure the City's Building Official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment. USECEN =-, Any entity that desires to erect or utilize telecommunication facilities that wishes to present evidence that such entity would be limited by the current ordinances or regulations of the City dealing with zoning and land use may apply for such use under this section. The City Council shall, upon a showing that strict application of rqi�Wations would Ltrohibit or have the effect of Ge�r hibitinAM�icersonal wireless service. as defined bp federal law. ,modify the subject regulations, consistent with the spirit and intent of this chapter and section, to the extent ,necessary to prevent the prohibition. 35.12.9 Temporary Uses. ............... The building official may permit certain specified uses in certain specified zoning districts and use classifications for limited periods of time, upon application for permit and satisfaction of predetermined criteria. A. Revocation. The building official may revoke a temporary use permit if her or she determines that: 1. The applicant has misrepresented any material fact on his or her application, or supporting materials. 2. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. ROMPIPIM4 M-4 124 Subchapter 12 ........................................... ............................................ .1, .......... ........... ........................ .................................... ............°.°......... °.., Development Code I S 3. Christmas tree and pumpldn sales. a. Description. Christmas tree and pumpkin sales encompass the sale of healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. b. Eligible zoning classifications. Permits for temporary Christmas tree sales are limited to the non- residential districts. c. Permit criteria. The building official may grant temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regulations. 0 0 . . a. General requirements. nm Subchapter 12 _ ........ _......... ........ ......................... ...... .................... Development Code ix Applicant shall clear the site of all equipment, material and debris upon completion of the project. b. 1\/Iaximum duration • permit. A permit shall be valid for a period not to exceed sixty (60) days. No more than three (3) permits may be issued for the same site or project within the twelve- month period following the original date of issuance. d. Eligible zoning classifications. Temporary batch plants are eligible for permitting in all zoning districts. e- Revocation of permit. In addition to the reasons enumerated above, the building official may terminate or revoke a permit for any of the following reasons. i The facility fails to comply with any of the requirements a listed in this section. ii The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Natural Resources Conservation Commission and Amended from time to time. 35.12. 10 Home Occupations. MM�M A home occupation shall be permitted only when it is an accessory use to a detached single-family dwelling unit. A home occupation shall not involve any external structural alteration of the single-family dwelling unit. C. Employees. Only one employee other than occupants • the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home occupation ffj-4" �:""Wqg Wf include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business. 126 Subchapter 12 .......... .................. __-1-1-11— ...... — . . .... ....... ............................................ —1— ........ .......... I'll .................................................. Development Code I - IWWRR'�I There shall be no external display of products or any other externally visible evidence whatsoever of the occupation, business or profession. F. Signage. A person who engages in a home occupation shall not place an advertisement, sign, or display on or off the premises. rfs M, A home occupation shall not involve more than four (4) patrons on the premises at one time. PO4WIM "IMM"If M_ Any outdoor activities associated with a home occupation shall be screened from the neighboring property by a solid fence of at least six fee (6') in height. I. Product Sales. A home occupation may include the sale of products on the premises provided compliance is maintained with all other conditions specified herein. J. Definition of "On the Premises." "On the premises," as it pertains to home occupations, shall be defined as the single-family dwelling unit plus the lot on which such structure is located. [BEEMM"ITIM-3 A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dirt, odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes. 10IWTt=IftMr"# 61MAMM The above-listed requirements of a home occupation shall not be construed to restrict the sale of garden produce ••• rown on the premises within the R (Rural) District, provided this exception shall not extend to allow the eration • a commercial greenhouse • nursery • the existence • stands • booths for display • such produce, The following uses are allowable as home occupations only with the approval of a Special Use Permit: 1. Registered Fan-rily Homes (in-home childcare) • Adult Day Care, but not more than six children or adults at a time, including the caregiver's own preschool-aged children or adult family member. 11% Subchapter 12 ............... Development Code 35.12. 11 Industrial Performance Standards. ........... 1-1-1- 1 1 128 Subchapter 12 ................................ I .... Development Code At no point at the bounding property line of any industrial use shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table. i One-half minute in any one-half-hour period; ii One (1) minute in any one-hour period; iii Ten (10) minutes in any two-hour period; or iv Twenty (20) minutes in any four-hour period. 3. Measurements of noise shall be made with a sound level meter on an octave band analyzer meeting the standards prescribed by the American Standards Association. B. Smoke and Particulate Matter. No industrial operation or use shall cause, create or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the bounds of the property are: 1. As dark or darker in shade as that designated as No. 2 on the Ringlemann Chart as published by the United States Bureau of Mines Information Circular 7118. 2. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in this Subchapter, except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere the standards in 8.1. and 2. shall not apply. 119 0914 1 �1� I M�M&M 3. The emission of particulate matter from all sources from an industrial use shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour. INMMM No industrial operation or use shall ennt a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which Will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the state department of health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the building official. No industrial operation or use shall at any time create earth-borne vibration which when measured at tIM bounding property line of the source operation exceeds the limits of displacement set forth in ME following table in the frequency ranges specified: I ME Subchapter 12 .................. ........... ....... ............. — ..... -- ........ --- ...... ....... .............................................. ................................ ................. Development Code 20 to 30 .0010 .0005 30 to 40 .0006 .0004 40 and over .0005 .0003 MOMM-ME= • open storage of materials or commodities shall be permitted with any industrial use except as accessory use to a main use located in a building. No open storage operation shall be located in front the main building and • storage use shall constitute a wrecking, junk or salvage yard. No use or operation in the Industrial Districts shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination, not shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. 35.12.12 Salvage Yards & Industrial Operations. . ............ . . .... - . ..... . ......... . . .... C. A bond may be required to ensure performance. D. Any expansion of a nonconforming salvage yard shall require a Specific Use Permit. 35.12.13 Commercial Excavation Removal of Earth Products. A. Before a Specific Use Permit for the commercial excavation and removal of earth products can be granted, plans and specifications showing the location of premises, grading plan, existing and proposed drainage, proposed operational details including noise levels, hours of operation, errant dust and truck access, and details of regrading and revegetation of the site shall be submitted to, and approved by, the City Council. W. Any expansion • a nonconforming commercial excavation shall require a Specific Use Perinit. An expansion is defined as removal of additional undisturbed topsoil or vegetation or otherwise enlarging the area which had been mined, commonly referred to as the quarry face or active quarry area. 131 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. Street Tree Requirements. Landscape and Tree Canopy Requirements. Buffer and Screening Requirements. Fence Requirements. Access, Parking and Circulation Requirements. Drive-up Use Requirements. Light and Glare 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 surroundin owners or the general rjublic, and ensure that high quality development is maintained throughout the community. 35.13.2 Application. 35.13.3 Procedure / Plans Required ........... ........... A. 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. 133 4 1 - INXAX7,101111HIN111 4 Expansion Applicability Table Use Site Plan Single--family N/A --only a "plot expansion within plan" permitted lot coverage. Multi-family expansion of lo% of YES the number of units or 10 units, whichever is less. I UaFTIG I mpact Analysis N/A YES, based on total trips Landscape & Tree Canopy N/A YES, applied to the expanded m pervious area attributable 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. OU114 - Design Standards N/A YES, applied to now units with exterior walls up to a 50% increase in the number of units; then, for increases greater than 50%, to all units. a Ing Lot Landscaping N/A YES, applied to the additional parking required for the new units up to a 50% increase in the number of units; then, for increases greater than 50% ' to all parking Street Trees 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 all street frontage. YES, applied to the YES, applied to Non-residential expanded impervious area YES, applied to YES, applied to the the linear feet of street frontage expansion (based on attributable to the now floor area with additional parking required for the new contiguous to the floor area) of 1.000 sf or YES YES, based new floor area up to a 50% increase in exterior walls up to a 50 % increase in floor floor area up to aor new floor area and additional required 25%, whichever is greater on total trips. floor area unless the area; then, for 50% increase in flu area; then, for parking up to a 50% [BUT NOT EXCEEDING 10,000 SF FOR RETAIL entire site still increases greater increases greater increase in floor USES]. complies; then, for than 50%, to all than 50%, to all area; then, for increases greater buildings parking increases greater than 50%, to the than 50%, to all entire site street frontage YES, applied to the YES, applied to expanded impervious area YES, applied to the YES, applied to the the linear feet of street frontage attributable to the new units or new additional parking required for the new contiguous to the new units or new floor area with units or new floor new units or new Casualty loss YES YES, based floor area up to a exterior walls up to a area up to a 50% floor area and replacements (for all —but only a on total trips 50% increase in the 50% increase in the increase in the additional required uses) that exceed the plot plan" for single- (N/A to number of units or units or floor area; number of units or parking up to a 50% above-defined thresholds family. isingle- family). floor area (unless the entire site still then, for increases greater than 50%, to floor area; then, for increase in the number of units or complies); then, for all units/buildings increases greater than 50%, to all floor area; then, for expansions greater (N/A to single- parking (N/A to increases greater than 50%, to the family). sing le-family, ) than 50%, to all entire site (N/A to street frontage (N/A single-family). to single-family). Reconstruction after any voluntary demolition of YES YES YES, applied to the YES, applied to all YES, applied to all YES, applied to the all or substantially all entire site improvements. parking. entire site improvements on a site. YES, applied to the linear feet of YES, applied to the street frontage Lost canopy due to additional parking contiguous to the Parking lot the expansion must spaces up to a 50% now parking spaces expansion (excluding YES N/A be replaced, but only N/A increase in the up to a 50% increase in the re-striping) of six spaces or if the site, as a number of spaces; number of spaces; more. whole, does not then, for increases then, for increases comply, greater than 50%, to greater than 50%, to all park , ng all parking with contiguous street frontage. Conversion of a residential structure to a non-residential use where N/A N/A N/A N/A N/A N/A no site improvements are required RE Subchapter 13 . . . ....... ....... ............................ 11.., ,..,1,..11 ..... ... --- ... Development Code 1. A TIA shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during 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. 35.13.5 Alternative Development Plan 111,111,1111, ........... ...................... .. . ................................ 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. 35.13.6 Street Tree Requirements. C. Maintenance. Street trees shall be maintained by the adjoining property owner. 11W 35.13.7 Landscape and Tree Canopy Requirements. The following requirements shall apply to all developments, except single and two family lots within residential developments: E. Landscape Areas. Landscape area is the portion of a site which is not defined as "lot coverage". 4. 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. 5. The artificial lot lines shall include areas that are adjacent to a public right-of-way or are necessary to accomplish buffering of adjacent properties. In Landscape and Tree Canopy Requirements Percent Districts Land- scap• area Percent Tree Canopy Cover IRS1 11111 _ WIN, -IPM RD-5 Rural Residential 75% 25% RC Rural Commercial 650/. 350% I NR -1 Neighborhood Residential 1 70% 50% NR-2 Neighborhood Residential 2 70% 50% NR-3 Neighborhood Residential 3 55% 50% NR-4 Neighborhood Residential 4 40% 50% —NR -6 Neighborhood Residential 6 40% 50% NRMU-12 Neighborhood Residential Mixed Use 12 4_00/. —45% NRMU Neighborhood Residential Mixed Use 20} % 40% ""0 )PIN 310k1 DR-1 Downtown Residential 40% 45% DR-2 Downtown Residential 25% 25% DC-N Downtown Commercial Neighborhood 20% 25% DC-G Downtown Commercial General 15% 20% 10 ZIWIIIV g �11 i 1, " CM-G Community Mixed Use General 20% 30% CM-E Community Mixed Use employment 15% 30% RCR-1 Regional Center Residential 1 45% 45% RCR-2 Regional Center Residential 2 25% 30% RCC-N Regional Center Commercial Neighborhood 15% 30% —k—CC-D Regional Center Commercial Downtown 10% 20% W, M F EC-C: Employment Centers Commercial 20% 30% EC-1 Employment Centers Industrial 15% 30% IC-E Industrial Centers Employment 20% 20% IC-G Industrial Centers General 10% Subchapter 13 Development Co de 137 Subchapter 13 ........ ......................... . . ............... ...... ......................................... ............. .............. Development Code 35.13.8 Buffer and ScreeninO 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. ref"am c. Manufactured Home Parks adjacent to single-family residential uses or zoning 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). Any of the following or combination may be used to create a minimum six foot (6') high screen: a. Fencing i Wood fence constructed with steel posts and a decorative cap with the good side facing the residential use or zoning district. ii A minimum of 10 foot landscaped area with one tree for every 30 linear feet. I 1 •0 - 4 Om Subchapter 13 .................................................................. . ....... ........................................ ..... I ................ Development Code 1 121 All 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 the right -of -way of a Local Street a. Walls shall be made of any combination of wrought iron, and wood. If wood is used it shall be constructed with steel posts and a decorative cap with the good side out. b. Decorative stone, masonry, wood or stucco pilasters are required at a mininnim 50' on center. C. Construction. 35.13. 10 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. 139 Subchapter 13 ....................................... Development Code 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 22. B. Internal to the Development. 1. Vehicular 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 unobstructive width of 5', shall be installed through parking areas for Large Scale Developments. C. Par ldng 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 minimum 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 List. 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. 2. Screening at Right of Way. Any combination of the following may be used. These requirements are in addition to the street tree requirements: a. A 3 foot high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. 1!�! MEEM I M��N, 35.13. 11 Drive-through Use Requirements. .............. Any establishment in a pedestrian district which has a drive-through use is subject to the following conditions: A. Drive-through uses shall provide sufficient stacking area to ensure that public right-of-ways are not obstructed. 140 Subchapter 13 ............. I ...... — ............................................................ ...... ....... . ...... ......... Development Code 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 structure 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. 35.13.12 Light and Glare Performance Requirements. All lighting within developments other than single family, shall meet the following standards: A. Light 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. 35.13.13 Site Development Requirements. ................................... .......................... .. ................ .. ... .......... ........... ............ 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 extend beyond the house front. Front facing garages that are at least 30 feet behind the house front may exceed the 40% frontage minimum. Homes that can not be of the same elevation .......... ............... Ekn SfrW 77 J I H I IF G A i A, B, C... unique elevations , I % I1 —separate lots being reviewed 141 .1 .1 Multiple it Residential Buildings. Any residential buildings designed for multiple units, either for rental or condo 't ownership and their lots shall comply with the following standards: q. 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 have at least 25% • the wall facing the street in window of: door areas. c. Parking 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 m-"= than 3 buildings). The same exterior design may not be used for greater than 30 units and/or rn than 3 buildings in a project. A variety of compatible exterior materials' use and type, building styl massing, composition, and prominent architectural features, such as door and window openin porches, rooflines, shall be used. OINEM��� 1. Windows 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. EH 90�R 35.13.13.3 Multi Family Developments 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, conform to the following standards: 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. S. 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 architectural termination. i I ; '' 0 1 a Ul Subchapter 13 ........ - .............. ......... ........... ... ............ ........................ Development Code 4. Behind another building or structure that screens the building or structure from the adjacent arterial or interstate roadway. v - 46 R 1. Building front-ages greater than 100 feet in length shall have offsets, jogs, or other distinctive changes in the building facade. 6. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street. 1. Windows 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 non-reflective and shall be of wood, masonry, 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 more than 70% of the building skin. a . 0 35.13.13.5 Nonresidential and Mixed Use Buildings in a Pedestrian Oriented District. Design standards non-residential buildings or mixed-use buildings (Those that combine non_residential a I., residential uses) in a pedestrian oriented district and their lots. I 1. Buildings shall have their primary orientation toward the street rather than the parking area. The primary entrance must be readily apparent as a prominent architectural component and visible from the street. 2. Any ground floor wall which 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, of: doorways. Windows must allow views into working areas or lobbies, pedestrian entrances or display areas. Walls facing side streets must contain at least 25% of the wall space in windows, display areas, or 111 E Subchapter 13 .........., ..................................................... ....... .. ...... ...... .......... .............. Development Code doors. Blank walls within 30 feet of the street are prohibited. Up to 40% of the length of the building perimeter can be exempted from this standard if oriented toward loading or service area 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, and 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 within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functional, be a distinctive and prominent element of the architectural design, and shall be open to the public during all business hours. 6. Developments shall have a minimum Floor Area Ratio of 0.4. Plazas and pedestrian areas shall count as floor area for the purpose of meeting the minimum floor area ratio. 7. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. 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 project over the public right of way, subject 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. Windows 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 non - reflective and shall be of wood, masonry, 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 more than 70% of the building skin. 4. Metal Roofs. Metal roofs are permitted provided that they are 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. C. Streetscape. 1. Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be pavers, scored and colored concrete, grasscrete, or combinations of the above. 2. A building shall be setback not more than 15 feet from the right -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 rights -of -way. Loading facilities shall be screened and buffered when adjacent to residentially zoned land and public streets. 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 architectural variety, compatible scale, and mitigation of negative impacts. "Guidelines" are not mandatory, but are provided in 145 Subchapter 13 . ....I........... .......... ... ....... ............. .....,... ..........., . «...,... ,.. Development Code ordex to educate planners, design 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 uniform, 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. i Variation in color and materials; ii Wall plane projections or recesses having a depth of at least 3% of the length of the facade 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 projected 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 encourages; v Canopies projecting a minimum of 10 feet from the plane of the primary facade 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 maximum 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 of a 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 sidewalk display area are prohibited: 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. Thus section does not prohibit storage of carts in the parking lot, but merely regulates storage of carts in the sidewalk display area. 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, display 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 minimum eight -foot wall of like appearance to the building topped by wrought iron or tubular steel fencing. No merchandise other than trees shall be visible above the wall or fence. 4. Seasonal outdoor display and sales. Christmas trees may be displayed for sale from November 15 to December 31. In addition, 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 146 Subehapter 13 .......................... ......... ---- ................... -- ......... Development Code 8. Trash Collection and Compaction. Trash collection and compaction may not occur widrin 100 feet of residential property and shall be screened from public view. 9. Mechanical equipment. No mechanical equipment may be located within 100 feet of residential property. Mechanical 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. "Mm 3. Materials. Fronts and street sides of buildings visible from the public right of way shall be non- reflective and shall be of wood, masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. C. Streetscape. 1. Public Spaces. a. One square foot of plaza or public space shall be required for every 10 square feet of gross ground floor area. R. Plazas or public spaces shall incorporate at least 3 of the 5 following elements: i Sitting 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. IN Subchapter 14 Development Code Subchapter 14 — Parking Standards Sections: 35.14.1 35.14.2 35.14.3 35.13.4 35.14,5 35.14.6 35.147 35.14.8 35.14.9 35.14.10 Purpose. Generally. Application. Spaces Required. Credit for On-Street Parking. Parking Accessibility Standards. Limitation, Location, Use of Facilities Design Requirements. Development and Maintenance. Bicycle Parking. 35.14.1 Purpose. In all zoning districts, except those specifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this Subchapter. The requirements of this Subchapter are adopted for the purpose of ensuring that all developments provide adequate and reasonable parking which is reasonably necessary and adequate to serve the development or use. 35.14.2 Generally. na zomng o1strIcts, except ttiose speciticaxy exempteci, wnenever any =ng is erecreT, TYrfargM,." . is changed, off-street parking shall be provided as set forth in this Subchapter. These standards and requirements shall be liberally interpreted and applied so as to achieve the purpose and intent of the standard or requirement. Where literal application • a requirement in a particular case would clearly not achieve the purpose and intent of the requirement, the applicant may seek a variance from the Board of Adjustment using the Board of Adjustment Procedure. 35.14.3 Application. 35.14.4 Spaces Required. I A. Residential Uses. 1. Single family dwellings. Two (2) spaces per dwelling unit; the spaces can not be tandem parking spaces. Im Subchapter 14 ...................................... ........... --.— ....... ....... Development Code C. Industrial Uses. 1. Industrial uses, except warehousing. One (1) space per seven hundred (700) square feet of gross floor area or for each two (2) employees on the largest shift, whichever is less. 2. Warehousing. One (1) space per one thousand (1,000) square feet of gross floor area or for each two (2) employees, whichever is less. IM Subchapter 14 ............................... ...... ..................... ............................................. Development Code 3. Public utilities (gas, water, telephone, etc.), not including business offices. One (1) space per two (2) employees on the largest shift; a minimum of two (2) spaces is required. MIKHMMIEM-. i� Where parking requirements for any use arc not specifically defined in this section, such requirements shall be determined by the Director of Planning and Development based upon the most comparable use specified herein, and other available data. F. Maximum Allowable Number of Spaces. number of spaces provided by this Subchapter unless approved by the Director of Planning a Development. Any spaces over the required mimber of spaces shall be constructed with pervio surfaces. Spaces provided on-street, or within the building footprint of structures, such as in rooft parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not ap towards the maximum number of allowable spaces. 35.14.5 Credit for On-street Parking. .................................... ................................................... 1 . Parallel parking, each 24 feet of uninterrupted curb. 2. 45 degree diagonal, each 17 feet of uninterrupted curb. C. Curb space must be contiguous to the lot which contains the use which requires the parking. 151 Subchapter 14 ........................... Development Code D. Parking spaces may not be counted that are within 25 feet measured along the curb of any corner of intersection of an alley or street, not within 10 feet of an intersection of a street and driveway, as measured from the bottom of the apron wing, nor any other parking configuration that violates any law of standard of City or the State of Texas. E. Parking spaces located on arterials and collectors may not be credited for on-street parking, unless part of an adopted corridor plan for that street unless additional right-of-way is dedicated for that purpose by the development and it is designed pursuant to the Transportation Criteria Manual. F. On-street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted. All areas of newly designed or newly constructed buildings and facilities required to be accessible under federal and state law shall comply with the standards set forth in the Texas Accessibility Standards of the Architectural Barriers Act, Tex. Rev. Civ. Stat. Art. Ann. 59102 (Vernon Supp 2000.) 35.14.7 Limitations, Location, Use of Facilities. C IFLI-IUIIlg IIULL6_C1r, HIC U111c, ILVA11% U bILLUIVaX, 1011 IWLII peuestrian path separated from street traffic. The right to use the off-site parking must be evidenced by a deed, lease, easement, • similar written instrument establishing such use, for the duration of the use. Except for single and two-family dwellings, required parking shall not be located in a required front and side yard setback area abutting a public street, except alleys. M" II W M_ tic=�,77.,Tng 77771 se me sulir-ITY Me 771 FITEMMIL6 I! 1 11 61 1 1W 1 be shown that the peak parking demands are offset, for example with retail and residential, or theater a I office uses. In such case the Director may reduce the total requirements accordingly, but not Jbymo than twenty-five (25%) percent. INUMSECOMH= Required parking facilities of two (2) or more uses, structures, of parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlan and provided that such right of Joint use is evidenced b a deed, lease, contract, or similar wntten instrument establishing the joint use. 1=- ��� Required parking shall be available for parking of operable passenger vehicles of residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials. The distribution of parking spaces for any and all individual uses will be required to be arranged on site to ensure optimal access and use by the patrons of such use. 152 Subchapter 14 .......................................... ...... .............................. ........................ '_ .............. .. .............. Development Code Compact parking spaces may only • used in parking structures. Up to twenty (20%) percent of the to parking spaces in a parking garage may be designated for compact cars. Minimum dimensions • f compact spaces shall • eight by sixteen (8 x 16) feet. Such spaces shall be signed or the space paint with the words "Compact Car Only." The parking of vehicles or equipment on a lot shall be in accordance with the buffering standards of 35.13.8 and shall be constructed with pervious surfaces. 35.14.8 Design Requirements. ................... . . ... ... ... .. A. Size and Access. All required parking areas shall be designed in accordance with the parking layout chart contained in tlM Transportation Criteria Manual. All parking spaces shall be a minimum of nine by eighteen (9 x 18) fco and shall have a twenty-four (24) foot back-up space except where parking is angled. I 3. Except for a single one or two-family dwelling, more than five (5) parking spaces shall be served by a driveway design and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. In no case shall two-way and one-way driveways be less than twenty (20) feet and twelve (12) feet respectively. 35.14.9 Development and Maintenance. Subchapter 14 .................................. --- ......... --- ....... ............................................................. Development Code 35.14.10 Bicycle Parking. The use of bicycles as an alternative transportation method should be encouraged by the provision of bicycle parking spaces. The following standards are intended to serve as guidelines and are not a requirement for the approval of any development application. A. Quantity of Parldng Spaces. IM Subchapter 15 .... ............................... ......... ...,, ..................................... ...................... ,,,,..,1 ... .... ... . ....... .. Development Code Subchapter 15 — reserved for Signs. 155 Subchapter 16 — Subdivisions. Sections: 35.16.1 35,16.2 35.16.3 35.16.4 35.16.5 35.16.6 35.16.7 35.16.8 35.16.9 35,16.10 35.16.11 35.16.12 35.16.13 35.16.14 35.16.15 35.16.16 35.16.17 35.17.18 35,17.19 35.16.20 Authority Purpose. Jurisdiction. Application. Compliance and Enforcement. Approval of Plat Required. Lots, Access and Common Areas. Application and Fees. Predesign Conference. General Development Plan. Preliminary Plats. Final Plats. Replat. Amending Plat. Minor Plat. Vacating Plat. Conveyance Plat. Development Plats. Gas Well Development Plats. Construction. Subchapter 16 ......... I ............... Development Code 35.16.1 Authority. This Subchapter is adopted under the authority of the constitution and laws of the State of Texas, including Chapters 42, 43 and 212 of the Local Government Code, as amended. 35.16.2. Purpose. ..................................... �.. - -1 1- ........................................................ 35.16.3 Jurisdiction. This Subchapter shall apply to all land and all developments within the territorial jurisdiction of the City of Denton, except as otherwise specifically provided for in this Subchapter. The territorial jurisdiction of the City shall be defined as follows: A. The area within the corporate Emits of the City; B. The area within the extraterritorial jurisdiction of the City; and C. Any other area to which the provisions of this Subchapter are made applicable in accordance with and as permitted by federal, state or local law. 157 Subchapter 16 "..1---1 ..... 11 ............................ ................ ........... ......... ................. Development Code 35.16.4 Application. I ................ - A. Land Included. 041M MM �11 1 0 WIN U U M4 I M 0) 1 MIMA I= KIM MM I V-01KNIA Uff, 4=41 L� %I* a *I FOUR I a I It 11 W4 I MOM I aN a I I 1. Any tract of land which has not been recorded by plat in the plat records of Denton County, Texas, and which is intended to be sold, leased, • otherwise subdivided from another tract of land or which is intended or proposed to be used for the purpose of development. 4. The removal of one (1) or more lot lines of any platted lot so as to permit the combining of two (2) or more contiguous platted lots into one (1) or more new lots. I-.M MWMTH.T.V.-111 aza�� Any general development plan, preliminary plats, final plats, replats, amending plats, conveyance plats development plats that are dormant according to the provisions of Tex.Loc.Gov't. Code Ann. Secti 245.005 (�7ernon 1999, as amended) shall expire on Nlay 11, 2004. 1 =. The flood plain provisions of Subchapter 17 shall apply to any land within the extraterritorial jurisdiction of the City. 2. The Planning and Development Department is directed to consider amendments to the re ato line map whenever the certificate of public convenience and necessity for water and wa,rtwa services is amended by that state or when directed by the City Council. Any amendments shall not effective until the revised regulatory line map is approved by the City Council. I 35.16.5 Compliance and Enforcement W. Subchapter 16 ......................................................... .............................. ....................................... ......... -- ... Development Code C. The City may refuse to authorize or make utility connections on the grounds set forth in Tex. Loc. Gov't. Code Ann. section 212.012 (Vernon 1988 & Supp. 1994), as amended. 35.16.6 Approval of Plat Required 5. Cemeteries complying with all state and local laws and regulations. 6. Divisions of land created by order of a court of competent jurisdiction. 7. A change in ownership of a property through inheritance or the probate of an estate. 159 Subchapter 16 ..................................................... Development Code 35.16.7 Lots, Access and Common Areas. 35.16.8 Application and Fees. .................. I I 35.16.9 Predesign Conference. M Subchapter 16 ............. I ...........................................................1111... .— ...............11.11.......... ................ .. ........................................ Development Code B. Each applicant shall submit such information that may be required by the Development Review Committee and as provided in the Application Criteria Manual. 35.16.10 General Development Plan. .................................. . 111 . .............. I ... ........ I ''I'll", MEL =- The purpose of the general development plan is to provide for review • certain developments f] compliance with The Denton Plan, the Denton Development Code, and Infrastructure Master Plans, t compatibility of land uses, and the coordination of improvements within and among individual parcels land or phases of development, prior to approval of a preliminary plat or conveyance plat. mn[ !l. 1. The Development Review Committee shall determine during the predesign conference whether a general development plan or a preliminary plat shall be required in accordance with the purpose stated in this Subchapter. When a development is a portion • a large tract under one (1) ownership, is developed in phases or was not legally subdivided, the developer may be required to submit a general development plan for review and approval by the Planning and Zoning Commission. Generally, a general development plan shall be required for, but is not limited to, any development which: 3-�� 3. Will require off-site road, drainage, or utility connections or improvements which will have a substantial impact or effect on other properties or developments. The general development plan shall contain such information that may • required by the Developmes Review Committee which is reasonably necessary to review and determine whether the propos jtext afid renuired firilitics meet the reauirements of this Subchat3ter and the AvT)lication Cruej mnam�� , MOSEMBELIM= MUMMME= The general development plan shall be submitted, along with the applicable fee, in the number and form specified by the Application Criteria Manual. The plan shall be submitted to and reviewed by the Development Review Committee for its recommendation to the Planning and Zoning Commission. No Ila] preliminary plat for any portion of the development shall be approved until and unless the required general development plan has been approved by the Planning and Zoning Commission. F. Expiration of General Development Plans. •Ir- Urell — • I I I I I 1 11 7rs_Nvr • - W a preliminary plat is approved for all or part • the general development plan. The approved prelimina a period of twenty-four (24) months. The applicant may submit written requests for extensions of t general development plan, with no single extension exceeding twelve (12) months. The request sh contain documentation showing costs incurred to justify an extension. 35.16.11 Preliminary Plats. . .. . . . . ...................... A. Purpose and applicability. The preliminary plat shall contain such information as may be required by the Development Revi Committee zAhich is r required facilities meet the requirements of this Subchapter and as required • the Application Crite Manual. IIL�� RR 3. Standards for approval. The Planning and Zoning Commission shall approve the preliminary plat if the plat complies with the following statements: a. Conforms with the general development plan as provided in this Subchapter. b. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks, playgrounds, and public utility facilities. C. Conforms to The Denton Plan for the City's future land uses, extension • the City's roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities • public utilities. 162 Subchapter 16 6e'*ve' I o"p, ... m ... e'nt ... Code d. Complies with all applicable sections of the Criteria Manuals. e. Complies with all applicable laws and Subchapters.. mm+ ■ If the preliminary plat does not meet the requirements of this Subchapter, the Planning and Zoning Commission shall disapprove the plat or approve the plat with conditions to insure compliance with the rewrements of this Subcha ter. If the j2relimina� T)Iat is disawroved, no further action shall be taken on Subchapter. I= 35.16.12 Final Plats. r9SNj""#qFKTW, -mop I on, C. Contents of Final Plat. The final plat shall contain such information as may be required by the Development Review Committee which is reasonably necessary to review and determine whether the proposed development and required facilities meet the requirements • this Subchapter and as required • the Application Criteria Manual. 35.16.12.1 Construction Plans. A. Purpose and Applicability, lei I The construction plans shall include such information as may required by the Development Revi'm required facilities meet the requirements of this Subchapter and as required by the Application Crite Manual and all City construction standards, i 4 l6st-Impipa RIMIM The application and copies of the final plat and construction plans, along with any applicable fee, shall be submitted in the form and number specified in the Application Criteria Manual. M"Aff"3111172—M.1 C. Standards for Approval. The Planning and Zoning Commission shall approve the final plat if the plat complies with the following statements: Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks, playgrounds, and public utility facilities. WOU Subchapter 16 .......................................................... ...........I........ ................................ i— ............. Development Code 2. Conforms to The Denton Plan for the City's future land uses, extension of the City's roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension • sewer and water mains and die instrumentalities • public utilities. 3. The final plat conforms with the General Development Plan and/or the preliminary plat. 4. Complies with the provisions for dedication and construction of public improvements of City construction standards. BEEMMMER-= mnmz( . ne or7rig Cornmissiln-sm scheduled meeting held within thirty (30) days of the date the final plat and construction plans for which approval is requested is submitted to the department, unless the applicant requests and consents in writing to waive any time deadline for action upon the plat. If the final plat meets all the requirements of Subchapter, the Planning and Zoning Commission shall approve the plat. If the plat does not meet the requirements • this Subchapter, the Planning and Zoning Commission shall disapprove the plat. E. Certification by Engineer. An approved final plat which has not been filed in the appropriate records of Denton County within two (2) years of its approval shall be considered null and void unless an extension is granted by the Planning and Zoning Commission for good cause 150w 11M.197MATM WWWW"', i 11 1 - 0 9 - Commitree, 773,777777 1b appiLkauic, 41141 Mr LL)116L1uL1Lu11 pl-,jilS Dy Lo %-Hy L an execution package in accordance with the Application Criteria Manual. The City Engineer shall file in the plat records of Denton County the final plat upon submission of the execution package, recording fees, developer contracts, bonds, and any other applicable fees. 35.16.13 Replat MNLSR . Unless otherwise expressly provided for in this Subchapter, a property owner who proposes to replat any portion of an approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat imder the same standards and by the same procedure prescribed for the platting of land by these regulations. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat is submitted in accordance with Tex. Loc. Gov't. Code Ann. sections 212.014 (Vernon 1988) and 212.015 (Vernon 1988 and Supp. 1994), as amended. IM Subchapter 16 ........................................ ........ I ..................... Development Code An application for rcplat shall follow the Planning and Zoning Commission procedures detailed in Subchapter 3. • 0 0 . . The Chairman of the Development Review Committee may approve an amending plat pursuant to Tex. Loc. Gov't. Code Ann. section 212.016 (Vernon Supp. 1994), as amended. The Chairman of the DevelopmG"j Review Committee at his discretion may refer the amending plat to the Planning and Zoning Commission. The Chairman of the Development Review Committec shall not disapprove an amending plat but shall refer such plat to the Planning and Zoning Commission if he recommends disapproval. 35.16.15 Minor Plat The Chairman ♦ the Development Review Committee or the Planning and Zoning Commission may approve a minor plat pursuant to Tex. Loc, Gov't. Code Ann. section 212.00065 (�Vernon Supp. 1994), as amended. The Chairman of the Development Review Committee at his discretion may refer the minor plat to the Planning and Zoning Commission. The Chairman of the Development Review Committee shall not disapprove a minor plat but shall refer such plat to the Planning and Zoning Commission if he recommends disapproval. 35.16.16 Vacating Plat ................................. 35.16.17 Conveyance Plat MORE• A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey of the property. A conveyance plat is an interim. step in the subdivision of land and shall contain a notation that indicates that • development is intended. WSL�� A conveyance plat may be used in lieu ♦ a final plat to record the subdivision of property, provided that no portion of the development is intended for immediate development. NOMM • final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat. am 35.16.17.1 Effect of Approval. A. Conveyance plat approval and acceptance by the City does not relieve the owner from obligations, including fees, required by other sections of this or any other Chapter of the City Code pertaining to the improvement of the property or extension of services as required to make the property suitable for development. Varliff-M-TIT M-TMMM MOLEOM= B. Standards for Approval. The Planning and Zoning Commission shall approve the conveyance plat if the plat complies with the following statements: 1. Reservation of rights-of-way. Conveyance plats must identify any future rights-of-way for public thoroughfares and streets specified on the City's thoroughfare plan. The identification of the right-of- way does not grant any right or interest in the property to the City or other entity. The final alignmeni may be adjusted upon final platting in order to meet engineering design standards. HML��R I MIA Subchapter 16 ... ......... .................... -- ................................ — ........ ....................................................... .................. Development Code the property owner may withdraw and void a conveyance plat. Any conveyance plat withdrawn • voided must be resubmitted under current regulations and procedures and reapproved by the Planning and Zoning Commission or Development Review Committee and filed with the county. Prior to filing, the chairperson of the Planning and Zoning Commission or the Development Review Committee, whichever is applicable, shall sign the conveyance plat. The City engineer shall forward *ne (1) copy of the recorded conveyance plat to the property owner. 35.16.18 Development Plats. A. Any person who proposes new development of a tract of land located with the corporate limits or within the City's extraterritorial jurisdiction, and is not required by this Subchapter to prepare a preliminary or final plat, shall prepare a development plat in accordance with elements required for preliminary and final plats by this Subchapter unless: B. Development plats shall • processed in accordance with V.T.C.A., Local Government Code 55 212.041 through 212.050 (Vernon Supp. 1994) and no new development may begin on property until the development plat is filed and approved • the City in accordance with such sections. WISMOM D. If improvements have not commenced as required by the Development Plat, an approval for a Development Plat shall expire two (2) years from the date that the Development Plat is approved by the Planning and Zoning Commission. 35.16.19 Gas Well Development Plats. - --- ------------ --- ... ... . ..... ... . 1 . Gas Well Development Plats shall be processed and approved in accordance with Tex. Loc. Go Code Ann. �§212.041 through 212.050 (Vernon 1999) and • new natural gas development may be, on property until the Gas Well Development Plat is filed and approved by the City in accordance wi this Subchapter. 2. All proposed gas well development shall be in compliance with the Roadway Component of the Mobiliq, Plan, 3. Erosion control is required and shall comply with all local, state and federal requirements. The operator shall file a copy of the Stormwater Pollution Plan if required by the EPA, 168 Subchapter 16 ----'----'`-----------------`--------------------------------------------- Development Code 35.16.20 Construction. 35-16.20.1 Pre-construction Phase Procedures and Requirements. Prior to beginning construction of public improvements the City Engineer shall schedule a preconstruction conference between the owner/applicant and applicable City departments. Representatives of public and franchise utilities shall be notified and maybe required by the City to review the proposed improvements to be made and the requirements of this Subchapter. Subchapter 16 ......................................................... .................................... Development Code 35.16.20.3 Construction, Inspection, and Acceptance. The construction, inspection of construction, and acceptance of public improvements after completion shall be approved by the City Engineer if the construction conforms to the requirements of an City construction standards. III I! � 11111 � I � 111, �! 1 1 11 � ��� • IT11111I I 35.16.20.5 Subdivider to Extend Mains and Streets to Subdivisions. If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer shall] construct the necessary extension as specified in this Subchapter. These mains or streets shall be constructed in accordance with the master plan of the City. These facilities shall be in public easements, secured and paid for • the developer. Such easements must be recorded as required • law before service is extended to the subdivision. WO Subchapter 17 11 ............ I— ............ Development Code Subchapter 17 — Environmentally Sensitive Areas. 35.17.1 Purpose. 35.17.2 Application. 35.17.3 Environmentally Sensitive Areas Review. 35.17.4 Environmentally Sensitive Area Classifications. 35.17.5 Official Maps. 35.17.6 Developed Floodplain Development Standards. 35.17.7 Undeveloped Floodplain Development Standards. 35.17.8 Riparian Buffer and Water Related Habitat Development Standards. 35.17.9 Upland Habitat Development Standards. 35.17.10 General Design and Improvement Standards. 35.17.11 Clustering Standards 35.17.12 Development Incentive Standards. 35.17.13 Alternative Proposals. 35.17.1 Purpose. E. Establish regulations that conform to the requirements of the state and federal government regarding air quality, water quality and environmental protection. 35.17.2 Application. 171 Subchapter 17 6��elop ... m ... e'n"t, ... C ... o'd- e ......................................... .................. * ...................................... * ............. 35.17.3 Environmentally Sensitive Areas Review. ........... __1 � - 11 ---- ............... A. Review Required, Environmentally Sensitive Areas Review is required for all development except for the following. Application for an Environmentally Sensitive Area Review can be made in conjunction with a Site Review required under Subchapter 13. 1. Property that does not contain any environmentally sensitive areas as depicted on the City's Environmentally Sensitive Areas Map. 2. Grading, filling, cutting or other earth-moving activity on any lot involving less than fifty (50) cubic yards; 3. Activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, and additions or or modifications of a single-family dwelling, except as required by the Development Code. 4. Development of single-family homes at a density of one home for 2 acres or more shall be permitted and shall be subject to the following restrictions: a. The home shall not be located in the Environmentally Sensitive Areas. b. Clustering is required where more than one home is permitted within a development in order to preserve the greatest extent of the Environmentally Sensitive Areas. c. The dwelling shall be in compliance with all other development regulations. d. Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment shall not be built within the Environmentally Sensitive Areas. 5. The applicant can demonstrate to the Director of Planning and Development's satisfaction that the subject property contains no Environmentally Sensitive Areas. 01= WIN 111 11 1 11111 111 ili!llll 11111111 11 1 1 1 • � � I � � MMZMEMEM• .� 32,10= a. Locations and extent of all Environmentally Sensitive Areas as defined in this Subchapter. Mapping • Environmentally Sensitive Areas shall • based on the Denton Environmentally Sensitive Areas Map and the text of this Subchapter, but may also be supplemented by gathering and reviewing documentation such as: field verification, Section 404 wetland permit delineation, aerial photography, FEIVIA reports that delineate and identify Environmentally Sensitive Areas. b. A determination, by the U.S. Army Corps of Engineer or a qualified environmental scientist with a delineation certified by the Corps, of the presence or absence of jurisdictional wetlands and waters of the U.S., and an indication of the location of any jurisdictional wetlands. C. Culverting or bridges and associated land disturbances in conformance with the Drainage Criteria Manual. d. Building envelopes for new or redevelopment parcels that include concept plans for the buildable area. 1102• .i •� The following criteria shall be used for the management and protection of Environmentally Sensitive Areas: 172 Subchapter 17 ........................... ..... ...................................... ......... --- ..................... ............ ............................... Development Code ME= r The Environmentally Sensitive Area Review approved by the Director shall expire one year after the da of approval unless the applicant has made application for a final plat for the development.. T Environmentally Sensitive Area review shall expire when final plat approval expires. I Any Environmentally Sensitive Area that is protected may be used towards meeting the Landscape and Tree Canopy requirements contained in Subchapter 13, the Parkland Dedication and drainage requirements. 35.17.4 Environmentally Sensitive Area Classifications. ......... . . The following are used to define the classifications of land areas, their constraints to building and land disturbing activity • them, and that comprise the Environmentally Sensitive Areas Map: Any area defined as a floodplain within the FEMA 100-year floodplain. These areas have typically been channelized or the land within these areas has been graded, filled, or otherwise disturbed. Areas within the FEMA 100-year floodplain, or other floodplain that is undeveloped and in its natural state. MOM= Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas • one square mile or less. It also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process. M-AUM Areas designated for wetland, tree and understory preservation and including significant stands • predominately native water related habitat. These areas include wetlands. 111 Subchapter 17 ......................................................................................... Development Code mnumm�� Areas, a minimum of ten acres is size, that contain remnants of the eastern Cross Timbers Habitat. IINIA, M, • I 11i . J � • A. Environmentally Sensitive Areas Map. The official map that identifies areas identified as Environmentally Sensitive Areas. B. Environmentally Sensitive Areas Map Amendments. 1 I mcn, 'L I • I 3. The map may • updated administratively when specific information for a parcel is availab e delinea the areas and field verified by the Director • Planning and Development. C. Map Applicability. For any application for an Environmentally Sensitive Areas Review, the delineation of those areas on the site map, as approved by the Director of Planning and Development, shall supercede the Denton Environmentally Sensitive Areas Map in determining what areas are subject to the requirements of this Chapter as applied to a proposed development. IIXN . - R The text of this Subchapter, including definitions, describes and regulates the protected areas shown on the City Environmentally Sensitive Areas Map as a reference, E. Field Boundary Delineation. #• , - P"FAMN"I'l' • '#- L disturbing activities • the property. The boundaries shall be marked as identified in the Site Desi Criteria Manual. VIEWS 111171111121111 0 • IIIJI]AW111P, Development within the Developed Floodplains as identified on the Environmentally Sensitive Areas Map shall comply with Subchapter 35.19 Drainage. The following uses and activities are allowed in the Undeveloped Floodplain and are in addition to ths rwstri4+nc fori-d4mitty-mm-t 'Uf F(tviqlat-ns IIWOIbnl��iwc the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. The following permitted uses and activities are allowed if in compliance with the Drainage code: 1. The planting of any new trees or vegetation. 2. Restoration or enhancement of floodplains, riparian buffers, water related habitats, upland habitats, wetlands and streams as required by federal and state standards. 3. The placement of public or private utility facilities such as sewer, storm water, water, electricity, gas, or other utilities as long as installation will not have a negative impact on environmentally sensitive areas and when adequately flood proofed. 4. Measures to remove or abate nuisances, or any other violation of federal, state or local law. 174 Subchapter 17 .. ....................... .......... ............................... ...... ........ ................................. Development Code 5. Parking lots, subject to the limitations on fill and surface material and constructed of pervious materials. 6. Parks, open space, recreational uses, trails, walkways and bike paths. 7. New storm water pre-treatment facilities. S. Routine repair and maintenance of existing structures, roadways, driveways, utilities, and accessory uses. 9. Agricultural activity permitted through NWP 40, Agricultural Activities or any other per 't as required by FENIA or Section 404 pursuant to the Clean Water Act. 10. Any action taken by federal, state, or local officials in an emergency to mitigate an existing or potential hazard. 11. The construction of a private driveway. 1 Uses and Activities. The following prohibited uses and activities are not allowed in undeveloped floodplains: 1. Uncontained and contained areas of hazardous materials. Handling or processing areas for the receiving and storage of hazardous waste. Hazardous waste and solid waste landfills. 2. Land disturbing activity not authorized by a Corp Section 404 Permit or Letter of Permission and by the Director as part of the environmentally sensitive area review. b. Aggregate base and paving materials. C. Pervious materials as allowed in Subchapter 13, Site Design Standards. M Subchapter 17 ...................................................... Development Code D. Culverts and Bridges. 35.17.8 Riparian Buffer and Water Related Habitat Development Standards. ............ I 1- 11111 - ----- - ----- . ..... - I "I . . .... ..... .. ...................... ---- - --------- - -------- -- . . . . ......................... . , The following uses and activities are allowed in the Riparian Buffer and Water Related Habitats and are in addition to the restrictions for development in this Subchapter, Site Disturbance and shall be delineated on die completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. Loy.] I I I IWI Kqq RM M I a V.&MOI a I Ili IM 014M I Igo um I OLM) # UK i • 10% of the area may • disturbed for private yard structures including but not limited to: gardens, yards, trails, and clearings, but which are no closer than 25 feet from the stream bank or riI arian buffer. No disturbance is permitted in delineated wetlands. 2. Repair, replacement or improvement of utility facilities where: a. The disturbed portion of the Environmentally Sensitive Area is restored; and, b. Non-native vegetation is removed from the Environmentally Sensitive Area and replaced with vegetation from the City Native Plant List. The following uses and activities are not allowed in Riparian Buffers and Water Related Habitats: 1. Land disturbing activity not authorized by a Corp Section 404 Permit of Letter of Permission. 2. Uncontained and contained areas of hazardous materials handling areas for the receiving and storage of hazardous waste. 3. Any structures, including storage sheds, garages and carports, located within the area mapped as Riparian Buffer and Water Related Habitats. M Subchapter 17 ............................................................ ................... ....... Development Code 35.17.9 Upland Habitat Development Standards. ................ I The following uses and activities are allowed in the Upland Habitat and are in addition to the restrictions for development within this Subchapter. Site disturbance shall be delineated on the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. 35.17. 10 General Design and Improvement Standards. 1 11 -1 .............................. The design and improvement of environmentally sensitive areas shall be in accordance with the following standards: 35.17.11 Clustering Standards. Residential units or non-residential floor area ratio of a site may be clustered within the buildable areas of that site provided the following standards are met: A. Clustered density or floor area intensity may be transferred to contiguous lots under common ownership. Clustering from one development site to another development site is prohibited. 2. A general development plan may be used to allocate the transfer of density between lots under common ownership prior to their being sold. B. The minimum two acre size requirement for clustering contained in Subchapter 5 is not applicable to properties impacted by an Environmentally Sensitive Area. M 35.17.12 Alternative Environmentally Sensitive Area Plans. . ... .. .. .... . . An applicant may propose an Alternative Environmentally Sensitive Area Plan which meets or exceeds the objectives of the Denton Plan and this Subchapter but does not meet the standards of this Subchapter. The Alternative Environmentally Sensitive Area Plan provides the option to address the regulations through a flexible discretionary process reviewed by the Planning and Zoning Commission utilizing the Alternative 'Wevelopment Plan review process outlined in Subchapter 3. M Subchapter 18 .......................................... ...... ..................... . . ............................. ...... ........................ -- ... Development Code Subchapter 18 — Land Disturbing Activities. Sections: 35.18.1 Purpose. 35.18.2 Approval and Permit Required. 35.18.3 Exemptions. 35.18.4 Applications. 35.18.5 Standards. 35.18.6 Plan Evaluation Criteria. 35.18.7 Appeal Procedure. 35.18,8 Building Code. 35.18.9 Performance Bond Required. 35.18.10 Violations and Penalties. 35.18.1 Purpose. - ----- 35.18.2 Approval and Permit Required. ........... ... ............ I ................ . QthQr IgWI clearing— grading without And_ the required approvals and permits. Clearing and grading activity shall be limited to the limits of grading area identified on the approved grading plan. A clearing and grading permit is required in the city and shall comply with the following: 179 Subchapter 18 - ....... ................ .............. ............................... .................................................................................. Development Code 35.18.3 Exemptions. The following shall be exempt from the provisions of this Subchapter: A. Grading and clearing in emergency situations involving immediate danger to life and property of substantial fire hazards; 1 0 - 35.18.4 Applications. - .......... C. Approved plans shall not be amended without authorization of the Director of Planning and Development. D. The permit may be suspended or revoked by the Building Official because of incorrect information supplied or for any violation of the provisions of this Subchapter. 35.18.5 Standards. A. General Regulations. 1. The grading will not create or contribute to landslides, accelerated soil creep, and settlement. 2. The grading will not create or contribute to flooding, erosion, or increased tubidity, siltation of other forms of pollution in a watercourse; 3. Grading operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with anticipated build-out schedule; 4. Debris shall be removed from cleared sites within 6 months of the operations completion date. 180 Subchapter 18 ................... ......................................... ...... Development Code 1. Cut and fill slopes shall be no steeper than is safe for the intended use. Slopes greater than three feet in height shall be no steeper than three horizontal to one vertical foot, except where approved retaining walls are engineered and installed and where trenches are refilled with material from the excavation. A temporary groundcover shall be established on all graded or disturbed areas not intended to be developed within thirty (30) days. 35.18.6 Plan Evaluation Criteria. 1. Proximity of the trees critical root zone or drip line to proposed grading activity. 2. Permanent tree protection methods are employed to protect the preserved tree from damage where the trees critical root zone may be impacted. 181 Subchapter 19 ...................... ........................................ --- ..... ....... I ........................................ ... --1---.— Development Code Subchapter 19 — Drainage Standards [IFTWO Mt 35.19.1 35.19.2 35.16.3 35.19.4 35.19.5 35.19.6 35.19.1 A Purpose. Compliance. Definitions General Drainage Requirements. General Design Standards. Specific Design Criteria. irpose. F. Nlinimize future operational and maintenance expenses. 35.19.2 Compliance. All contractors shall provide drainage facilities and improvements to serve a development in accordance with the requirements and design standards of this section. 35.19.3 Definitions. 35.19.4 General Drainage Requirements. General requirements for drainage shall include the following: A. Drainage Improvements Required. All developments shall provide for new drainage facilities, the improvement of any existing drainage facilities, channel improvements, grading, driveway adjustments, culvert improvements or any other improvement, drainage facility or work which is necessary to provide for the stormwater drainage needs of a development, in accordance with the requirements and design standards of this section, shall be included but not limited to any drainage facilities, improvements or other work which is necessary to: M 1. Provide for the conveyance of all stormwater from the development when fully developed to an adequate discharge point; 2. Fulfill any purpose for which the requirements of this section are imposed; 3. Adequately protect the development from flooding, including the effects of the one-hundred-year flood; 4. Properly control any increase in the upstream or downstream stage, concentration or water surface elevation caused by the development; 5. Provide for the conveyance of off-site storm drainage based on ultimate developed watershed conditions through the development. Where regulations within this section require a development to make any drainage improvements in or adjacent to a floo•• lain to provide for the ultimate base flood, the developer may, in hen of making the required improvements, restrict development in the area subject to flooding because of the failure to provide for the drainage improvements. In such cases, the area to be left undeveloped shall be dedicated to the public as a drainage easement on the final plat. 4 4 1 • The Planning and Zoning Commission shall, when it deems it necessary for the health, safety or welfare of an area and necessary for conservation of water, drainage, and sanitary facilities, or where prohibited in the Floodplain Chapter, prohibit development of any portion of the property which hes within the floodplain • any stream or drainage course. These floodplaill areas shall be preserved from all destruction or damage resulting from clearing, grading, or dumping of earth, waste or material, or stumps, except at the discretion of the Planning and Zoning Commission. RSM• r Major creeks shall remain in open natural condition; smaller creeks or drainage ways may be channelized if allowed by Subchapter 17 provided they meet the criteria of the Drainage Criteria Manual. When a creek or excavated channel is to remain open, or in its natural condition, it shall meet one of the following requirements: Om Subchapter 19 ................................. ............................. ....................... ................ Development Code a. For single-family residential lots where the majority of the lots are less than one-half acre in size, dedication of the creek or drainage way shall be made to the City, or to an approved homeowner association (HOA). A drainage or floodplain easement shall be dedicated as a single lot to the City or an HOA or other legal entity as allowed by this Chapter. The Planning and Zoning Commission may waive this dedication reqtdrement only for the following exceptions: i Replats which were originally platted prior to the dedication requirement. ii Subdivisions of five (5) lots or less. b. Creeks and drainageways may be retained as a part of a nonresidential lot, and it shall be the property owner's responsibility to maintain this area, except as otherwise provided. A maintenance easement shall be granted to the City and shall grant the right but not the obligation to maintain and construct drainage facilities if the creek or drainage way is not being properly maintained, A hen may be filed against the property in favor of the City to secure payment of any expenses incurred by the City for maintenance. IER Subchapter 19 III-- ........... -- --- ---- ....................................................... Development Code UNION 0 1 1 Kim= F. Site Erosion Control. 3= may elect • pay the City the total construction cost of the required facilities or improvements, excluding engineering and design cost, when: 2. Failure to provide the drainage improvements at the time of development would not adversely a the development or any off-site properties, as determined by the Director of Engineering; and 3. The payment allowed in this subsection shall be made prior to beginning any construction of t development. If the money paid to the City is not used for the required improvements within five years of payment; the funds shall be returned to the person making the payment. I 35.19.5 General Design Standards. In addition to meeting the requirements expressly set out in this Code, all drainage systems shall com with the Drainage Criteria Manual. Where there is any conflict between a provision set forth in t Subchapter and a provision of the Drainage Criteria Manual, the provision of this Subchapter shall apply] Design standards for drainage facilities and improvements shall be based on hydraulic and hydrolo computation data submitted and approved by the Director of Engineering prior to submissi 1-,,)Iat to the Planning and Zoning Commission. The Director of • r l manner in which the necessary data is to be submitted. M Stormwater and sanitary sewerage systems are to be used and maintained as separate systems. Drainage facilities shall be designed so they do not connect, direct or allow stormwater into the sanitary sewerage system. No development shall be designed to access a public street across a channel without providing adequate clearance for the channel under design storm conditions as required by the drainage manual. Bridges crossing channels serving drainage areas greater than one (1) square mile in area shall have one (1) foot of MR Subchapter 19 ........................ ....... ........................ . ..................................... Development Code freeboard between the 100-year base flood elevation and the lowest beam of the bridge. Bridges crossing channels serving drainage areas less than one (1) square mile in area shall have one (1) foot • freeboard between the design water surface and the lowest top of road elevation of the bridge. AU culvert crossings shall have (2) feet of freeboard between the 100-year base flood elevation and top-of-curb elevation. E. Channel Requirements. F. Channel Easements. q. By constructing a flexible base road or equivalent; b. By providing a combination of the bottom access and an access road on one (1) side of the chan- nel, if the depth of the channel will allow maintenance from the access road. c. For channels exceeding a depth of four (4) feet or four (4) to one (1) side slopes, an access road shall be provided on both sides of the channel where none of the other methods would be MW IMMr-41141MINI Sm 35.19.6 Specific Design Criteria. .................. . Design criteria shall be as follows: A. Design Flood Frequencies. •- 0 Flood Facility Frequency (Ydirs) Street Capacity and Enclosed Pipe System (if Needed) 100 Driveway Culverts and Roadside Ditches 50* Roadside Ditches 50 Improved Culverts 100 Culverts 100 Bridges 100 Roadways 100 City will allow6iu�16rts to be designed for 25-year storm where physical constraints exist. This determination will be made at the time the permit is issued. This provision does not apply to new development, including residential and non-residential. . . ....... . 1. The permissible water spreads for streets are based on the one-hundred-year flood. At streets s be capable of conveying one-hundred-year flood flows and shall not exceed a depth of 1" above curb. The spread limits listed below shall apply to the following streets and facilities: I 2. The allowable drainage flow across street intersections for the one hundred year flood shall be as follows: 7 7777 7 77 77 Intersections 100-Year Flood Street Classification Cross Flow Arterial Street (divided and undivided)) None IRM Subchapter 19 ........................................................................................................................................................... Development Code Collector Street None ......... . ....... Local or Residential Street Gutter Flow of 2 inches or less ------------------- ----------- C. Pipe System Requirements. 3. The minimum storm drainpipe diameter shall be eighteen (1 S) inches. 4. Pipe diameters shall not normally decrease downstream. 5. Pipe soffits at changes in pipe sizes should be set at the same elevation. 6. Vertical curves in the conduit will not be permitted, and horizontal curves (100 feet radius minimum) will be permitted only with the approval of the Director of Engineering. No reverse curves will be allowed. 7. Manholes shall be placed at the connection of two (2) or more I laterals containing tw 0 '2) Or m curb inlets at same relative point of a street and alley, at pipe junctions having any pip, small,, th,, thirty-six (36) inches except when manufactured "Y" fittings arc utilized, at grade changes and at - beginning • the storm drain system. Maximum manhole spacing shall be as follows: 8. Generally, inlets shall not be allowed to serve as a manhole or junction box. Under special circumstances the Director of Engineering may allow an inlet to serve as a manhole or junction box. Where inlets serve as a manhole or junction box, the width of a new standard inlet, at a minimum, shall • doubled in size. Ila Subchapter 19 ....................... ...... ............................................... — .............. i-1--- Development Code NOWIRM102-M 1. Minimum curb inlet size shaH be 10 feet. Maximum length of inlet at any one curb location shaU be 20 feet on each side of the street. Inlets wiU be placed only in straight sections of curb, and -writh curb returns at least 10 feet from die inlet box. Curb inlets are not allowed in intersection or curb returns. [US Subchapter 19 ............................................. ............................................................................................ ............................................. Development Code lined in Soil Conservation Service Technical Release No. 20 (TR-20) or in the U.S. Corps of Engineers' Flood Hydrograph Package (HEC-1) and other methods approved by Director of VHngineering shall • used to determine runoff hydrographs for detention storage design when the contributing drainage area exceeds two hundred (200) acres. The Director of Engineer may approve the use of other methods for runoff hydrographs when appropriate. 3. An emergency spillway or overflow area shall be provided at the maximum one-hundred-year pool level and shall • capable of conveying discharges as required by the regulations of the State Water Commission or its successor agency. Nfinimum capacity for 25 year storm based ► fully developed flow shall be designed for emergency spillway. The spillway shall be constructed of concrete, unless the City approves alternative materials. 4. Any outflow structure, which conveys water through the embankment in a conduit shall be reinforced concrete, designed to support the external loads. The conduit shall withstand the internal hydrauli"i pressure without leakage under full external load • settlement and must convey water at the design velocity without damage to the interior surface of the conduit. The minimum pipe size and box size shall meet the following requirements: Smaller inlet pipes may ► used with junction box and properly sized outlet structure. Minimum stpening of inlet shall be 6 inches in diameter or 6" x 6" square. 6. Detention basins resulting from excavation shall provide positive drainage in accordance with the drainage manual. The side slope for any excavated detention basin, which is not in rock, shall not exceed four (4) to one (1). 7. Earthen embankments used for water impoundments must be constructed according to specifications for fill material and be designed based upon geotechnical investigations of the site. The minimum crown width of the embankment shall be twelve (12) feet. 192 Subehapter 19 .................................... --- ------ -- ....................................... i ... i—.- ............... Development Code maintenance of privately maintained ponds. Some of the conditions that would require an access ramp(s) for privately maintained ponds includes, but is not limited to, steep side slopes, retaining walls or space constraints. 11. A concrete pilot channel shall be provided with a minimum width of 10 feet and a mirlimum grade of .50 percent for publicly maintained ponds. Privately maintained ponds shall have concrete pilot channel with minimum width of 6 feet. G. Easements. In addition to any other provisions of this Code relating to easements for public improvements, the following requirements for easements for public drainage improvements, channels and facilities required for any development by this section shall apply: C. No structures, eaves and overhangs, fences, storage sheds, decks, pools, landscaping or other aboveground man made improvements shall be permitted in drainage easements. This provision includes, but is not limited to areas encompassing floodplain, channels, flumes, natural creeks or swales, and any other condition that relies on a drainage casement to convey storm water through surface flow. 2. Above Ground Systems. 3. Closed Systems. a. Easements for closed drainage systems shall meet the following minimum standards, unless special circumstances warrant additional or reduced easements; as determined by Director of Engineering: 193 Subchapter 19 .................................................. ............................... ...... ......... ---- ...... -- ......... Development Code ---- . ..... . . . ..... 60 to 66 inches 25 feet 72 inches and above 30 feet All developments regulated by this Code shall be subject to and comply with any applicable provision of FENILA Flood Damage and Prevention Regulations. I. Floodway and Drainage Related Minimum Elevations. Nlimmum finished floor elevations shall be labeled on the final plat where required. City reserves the right to syecij5i a new or revised minitnum finished floor elevation at the time of issuance of a buildinMq�� new or more accurate information warrants the change. Minimum lot and floor elevations shall be established 1. For lots within the 100 year base flood, abutting the 100 year base flood or within 200 feet of the 100 year base flood: ii For lots in the influence of a sag area and a positive overflow, the lot elevation win be at least one (1) foot above the sag area top of the curb, or one (1) foot above the possible maximum pool elevation when the positive overflow is functioning, whichever elevation is higher. (See Positive Overflow below). iii VAere lots do not abut a natural or excavated channel, minimum floor elevations shall be a minimum of two (2) feet above the street curb, edge of alley, or rear property line, whichever is lower, unless otherwise approved by the Director • l,"ngincering. 194 Subchapter 19 ............. . . .................. - ............................ ..................................... ...... ........................... ... ..... - Development Code J. Minimum Street or Alley Elevations. Streets or alleys adjacent to an open channel shall have the edge of the pavement designed with an elevation not lower than the draina c and floodilain easement elevation, iminimum of one foot above rOWWWO" Fill and alteration of flood plains, containing drainage areas one (1) square mile or less, which is nol unreasonable damaging to the environment is permitted where it will not create other flood problems. The following are the engineering criteria for such requests. 1. FEIVIA Submittal. i Duplicate effective; e. Topographic mapping of the entire area covered by the proposed condition model, indicating the locations of all cross-sections used in the hydraulic model and delineating the proposed 100-year flood plain boundary. f. Topographic mapping of the entire area covered by the proposed conditions model, indicating the locations of all cross-sections used in the hydraulic model and delineating: M= g. Certification that the project meets the requirements of the 44 CFR 60.3 (d) (2). fri. Upon completion of the proposed project, "as-built" and final LONM plans certified by a registered professional engineer should be submitted to the City for review and subsequent transmittal to FEIVIA. FEMA requires that individual legal notices be sent to all affected property owners when developments (cut or fill) occurs in the regulatory floodway that would cause any rise in the 100-year FIS water surface elevation. Public notice in the official community II&I Subchapter 19 ................................... . .......... ............................ ...... ............. .......... Development Code newspaper is required for proposed modifications to die regulatory fl•• dway. In all of the above I ydraulic models, the following rules will apply: i The hydraulic parameters, such as bridge loss coefficients, "n" values, etc., used in the effective FIS models will only be changed where obvious errors or changes have taken place and must be documented. ii The computed water surface elevation profiles have to converge with the existing profiles iii The information should be shown on a map of suitable scale and typographic definition to provide reasonable accuracy. iv All items should be labeled for easy cross-referencing to the hydraulic model and summary data. The following hydraulic data should be submitted to the City, preferably using the Corps HEC -2 program to compute the channel's water surface elevation. The data should be submitted on floppy disk and in a bound report. 1. Duplicate of the effective City fully developed backwater model or as developed by developer or property owner and approved by the City. I M l Inin I I III I! III!! I! I I I I! IIII!IIII 1 11!11! ii !! I 5. Topographic map at a suitable scale with cross-sections, existing and proposed 100-year fully developed flood plain delineated, and the area being developed shown. 6. Analysis of the existing and proposed valley storage conditions of the area. 7. Documentation from the Corps of Engineers determining if a 404 permit is required for the project. N. Flood Plain Reclamation-Engineering Criteria. Alterations of the flood plain shall result in no increase in the 100-year fully developed watershed water surface elevation on other properties. No alteration of the flood plain will • permitted which could result in any degree of increased flooding to other properties, adjacent, upstream, or downstream. 2. Stream Velocity. W NOMM311=1 Encroachment in the flood fringe area reduces the storage capacity of creeks and drainageways. This causes increased discharges downstream of the owners. Encroachments and/or channelization is strongly discouraged along Pecan, Cooper, Hickory Creek, Nfilam and Clear Creeks. The City restricts the valley storage loss to zero percent (0'/o) reduction for all creeks serving with a drainage basin of one (1) square mile or greater in the City. For minor tributaries, (drainage basins with less that one (1) square mile), fifteen percent (15%) maximum reduction in valley storage will be allowed. MNWM�= � The toe of any fill slope shall parallel the natural channel to prevent an unbalancing of the stream flow in the altered flood plain- WMM�� m accessibilit-$ to the flood ylain for maintenance and other vury oses. and to lessen t1T probability of slope erosion during periods of high water, maximum slopes of filled area shall usually n,M exceed 4 feet horizontal to 1 foot vertical. Grass cover is required for all cut and fill slopes 4:1 or flattM ual erosion iimtection measure is reiruired on sloves stegFeer than 31:0 Vertical walls, terracing and other slope treatments will be considered only 1. Part of a landscaping plan submission, and 2. If no unbalancing of stream flow results. Engineering plan submission shall include plans for: 1. Erosion control of cut and fill slopes; IMM I'M Subchapter 20 — Transportation 35.20.1 Purpose. 35.20.2 Street Standards. 35.20.3 Pedestrian / Bicycle Facility Standards. 35.20.4 Driveway Standards. 35.20.5 Public Transit Standards. 35.20.1 All developments shall provide for streets sidewalks bicycle and transit facilities to serve the development in accordance with the requirements of this Subchapter, the design standards in the Transportation Criteria Manual and the City Mobility Plan. 35.20.2 Street Standards. The following street standards shall apply to developments under this Subchapter. Street standards shall be I%' t*N1 e-rlecte4 f A. Street Types. W Subchapter 20 ------- --------------- Development Code C. Commercial Mixed Use Collector. Provides access to all types of residential dwelling units as well as commercial and industrial uses. Provides for two through lanes with parking on each side or four through lanes. No driveway access to single family or two family dwelling is pcm-iitted. 6. Primary Arterial. A street, including Interstate Highway Service Roads, whose main purpose is to serve as a major route into, out of or across the City. These streets are shown on the City Thoroughfare Plan, however may be required in other locations based on size and density of development. Primary arterials have at least three lanes plus a bicycle lane in each direction separated WE Subchapter 20 ............................................. ----''-----..................... --- --------- Development Code Subchapter 20 ... ................................................................. Development Code H. Easements and Right of Ways. I . Dedicated Streets. Public right of way shall be dedicated for all streets that serve more than three residential units or any commercial or industrial lot, except as permitted in Section 35.16.7. Right of way widths, corner clips, and other geometric requirements shall be as adopted in the Transportation Criteria Manual. Right of way widths or corner clips in excess of those standards may be required as determined by the City Engineer if necessary to accommodate sloping back of the right of way, large drainage facilities or a natural topographic feature. 5. All utilities and drainage facilities including franchise utilities are to be installed under new pavement prior to paving operations. 6. If utility or drainage crossings are to be installed underneath an existing street that has been constructed or reconstructed within the past 3 years or the street is an arterial or freeway, the crossing shall be installed by boring. 1. All street improvements shall comply with the street design specifications, as contained in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set out at length in this section. 2. Al street improvements shall be constructed in accordance with division 11, Materials, and division III, Methods, of the City's Standard Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Code conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. K. Street capacity. 9M Subehapter 20 ........................ ............................... ...................................... Development Code L. Perimeter streets. 3. Existing perimeter streets. b. Where any development would be required by this Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement • the existing perimeter street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total construction cost, excluding engineering and design cost, of the required street 9M Subchapter 20 ..... I ..1111 ... ............. . ....111...._........1....... .........., ...... ........... Development Code c. A development which: i Is not required or does not propose to extend a City water line to the property to serve the development; and ii Is located more than eight thousand (8,000) feet from an existing City water line, measured along a straight line from the nearest boundary of the development to the nearest water line; or iii A state or federal highway. G . Off-site connecting streets. Any perimeter street required to be improved to meet the specifications for new streets shall be connected to existing off-site streets in accordance with the horizontal design specifications shown in the Transportation Criteria Manual adopted by reference in this Code the same as if set out at length in this section. Em �1111TNTMWI Irrvag-welsorda M. Improvements to existing off-site streets. M Subchapter 20 ^^--~` ---------^^^^^~'^'~~^'~^~^~`'`~~ ^^'^^^^^^'^'^^^'^'^^^^^^'^~^^''^~~^-- Development Code 2. When extending streets from an existing development into a new development, the street section shall remain the same as that in the existing development to the first intersection. Requirements concerning block length, land use versus street sections and maximum traffic trips are all applicable in the extension of existing streets into a new development. 1 . When any development is required to provide more than one-half of any arterial street, a median shall be provided in accordance with the Transportation Criteria Manual b. Whenever a median opening is constructed, the associated left turn lane serving the development must be constructed at the same time. In the event that there is an existing intersecting street on the opposite side of the street, the new development constructing the median opening shall be required to install both left turn lanes. S. Street names and signs. I . Street names shal be assigned by the developer, subject to Planning and Zoning Commission approval, by placing the name on the final plat. Streets, which are to be in alignment with existing streets, shall be given the same name. Names shall be sufficiently different in sound and spelling so as not to cause conflict or confusion with other streets within the City or Extra Territorial jurisdiction. Street names and numbers shall conform to the established pattern for the City and shall be subject to the approval of the Building Official, Subchapter 20 ............................... .............................. ............................ Development Code U. Texas Department of Transportation (TxDOT) Permits. Permits for new street connections to TxDOT roads must be obtained prior to approval of a final plat • the subject property. All other required TxDOT Permits must be obtained prior to construction of the improvement it is intended for. 35.20.3 Pedestrian Bicycle Facility Standards - --------- ............. .... ............. All developments shall provide for the pedestrian and bicycle facilities necessary to serve pedestrian/bicycle traffic to, from or across the development in accordance with the Transportation Criteria Manual and the Bicycle/Pedestrian component of the Mobility Plan. If a development is proposed within a 'A mile of a public elementary or secondary school, a pedestrian TIA will be required to determine the appropriate size and location of sidewalks and bicycle facilities to serve those uses. 9W C. Where the developer who would otherwise • required to improve an existing unimproved perimeter street to City specifications elects to pay to the City the cost of the required improvements as provided for in subsection 1) M.3.b of this section, the developer may likewise elect to pay to the City the cost of any required sidewalk or bicycle facility improvements for that street. If the money paid for the sidewalk or bicycle facility improvements is not used for that purpose within five (5) years • payment, the funds shall be returned • the person making the improvements. E, Crosswalks. Crosswalks shall • provided wherever a pedestrian • bicycle facility crosses a public streej or alley. In addition, crosswalks are required at perimeter streets adjacent to the development wherever a sidewalk or bicycle facility intersects a perimeter street. Crosswalks shall • the same width as the pedestrian or bicycle facility and be designated • the use of alternative paving materials providing a contrasting color and material from that of the street. F. Connectivity. Where sidewalks or bicycle facilities have been stubbed out to the boundary of a development, the adjacent development shall be required to connect to and extend that facility into the development to the extent required by this code. All sidewalk and bicycle facility improvements shall comply with the design specifications, as contained in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set out at length in this section. 2. All sidewalk and bicycle improvements shall be constructed in accordance with division II, Materials, and division III, Methods, of the City's Standard Specifications for Public Works Construction, North W Subchapter 20 .................................................. ....... .............. - ........ ................ ii ....... ---- ................................. Development Code Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Code conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. H. Texas Accessibility Standards 35-20.4 Driveway Standards. A. Defi nitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 1. Driveway means that portion of the parking lot that consists of a travel lane opening onto a public street. go Subchapter 20 ....... I .... 11 ......... .......... ........................ --- ........ . ................................... ..................... Development Code driveway shall be designed and constructed in accordance with standards for circular drives provided in the Transportation Criteria Manual. 1. Access to collector streets for commercial, office, or industrial development is required and shall be designed and constructed in accordance with the standards provided in the Transportation Criteria Manual, 2. No single or two family lot shall be designed such that there is no other means of access other than a collector street. 3. Existing single family and two family lots developed prior to approval of this code with exclusive frontage on a collector street and no alley may be developed with a circular drive. Such driveways shall be designed and constructed in accordance with the standards for circular drives provided in the Transportation Criteria Manual 3. The separation distances specified shall be measured from the nearest edge of each driveway at the right-of-way line. H. Corner clearance standards. Corner clearance standards shall be applied in accordance with the Transportation Criteria Manual To ensure that the traffic movements from driveways do not unduly conflict with the movement of traffic on intersecting public streets. In interpreting and applying the standards, the following shall apply: A reduced requirement may only be used if absolutely necessary to provide driveway access to property where no other means of access meeting the corner clearance requirement is reasonably possible. Subchapter 20 .................... ....... — ..... I'll ........... Development Code 35.20.5 Public Transit Standards. All developments shall provide for the transit facilities necessary to serve residents, visitors, customers and employees of the development in accordance with the Transportation Criteria Manual and the Transit component of the Mobility Plan. 211 Subchapter 20 ............................................................ ..... . .......... .... . ..... ------- Development Code sufficient parking for motorized vehicles and bicycles, shelter, seating, restroom facilities, and an information area. B. Location of Bus Stops. Major bus stops shall be provided on Arterials or collector streets at intersections of arterial streets, or Arterial and Collector Streets but no closer than 1/2 rtiile apart. Minor bus stops shall be provided on Arterials and collector streets at the intersections of collectors and intersections, which include a local street if there is not an arterial or collector intersection existing or proposed within a '/2 mile distance along the street. Bus stops shall be located on the approaching side of the intersection. The City Engineer will determine which and how many quadrants • an intersection a bus stop will • required. E. Participation funding for Park and Rides. Developments generating 1000 vehicle trips per day or more that are located within or adjacent to a regional Nfixed Use Center or the Downtown University Core District may participate in the funding of the proposed park and ride for that district as shown on the Transit Component of the Mobility Plan in Heu of providing a portion of the required offsite traffic improvements identified by a review of the Traffic Impact Analysis (TIA). Participation shall be provided by a cash payment to the City to be used for future construction of the facility. The developer at the discretion of the City Engineer may donate a portion up to '/2 of the monetary value of the required offsite improvements for park and ride facilities. If located appropriately, the City instead of cash participation may accept donation of land for the facility, The remainder of the required offsite traffic improvements will be provided in accordance with the recommendations based on the TIA review. In the event that the park and ride facility is already constructed, this provision will not apply to developments in or adjacent to that district. F. Development adjacent to Park and Ride. All developments adjacent to an identified park and ride facility are required to provide vehicular, pedestrian and bicycle linkages to the park and ride facility from the development. G. Compliance with specifications. All transit improvements shall comply with the design specifications, as contained in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set out at length in this section. NIN Subchapter 21 — Water & Wastewater Standards Secdons 35.21.1 Basic Policy 35.21.2 Extensions of Water and Sewer Mains 35.21.3 Basic Design Standards Reference to Design Standards Manual 35.21.4 Easement Requirements 35.21.5 Water Capacity Requirements 35.21.6 Sewer Capacity Requirements 35.21.7 Impact Fees 35.21.8 Tapping Fees 35.21.9 Oversize Participation by the City 35,21.10 Pro-Rata Agreements 35.21.11 Alternative Water and Sewer Facilities 35.21.12 Plans and Specifications 35.21.1 Basic 35.21.2 Extensions of Water and Sewer Mains ..................................... 213 Subchapter 21 .............................. ................................. Development Code 2. Oversized mains. The City shall participate in the oversizing of water and sewer mains, subject to fund availability and approval by the City Council. "Oversized mains" are defined as water mains over eight (8) inches and sewer mains over ten (10) inches which are required by the City for future system expansion and are not required by the proposed development. 3. Pro rata reimbursement due developer. Where a developer elects to install oversized water and sewer mains, lift stations or other oversized water or sewer facilities, the developer shall be entitled to reimbursement of the cost of such oversized facilities from pro rata charges paid by persons connecting • or making use of such facilities to serve their property in accordance with the provisions of this subchapter. In no case, however, shall a developer receive reimbursement in excess of the cost of the facilities. C. Special extensions to individual single-family residences. Where an extension of a water or sanitary sewer main is made by the City in order to serve a single-fa nuly residence, the owner may contract with the City to pay a proportionate share of such a main as follows: 1. Extension to lots with less than one hundred (100) feet fronting or abutting the main shall be as follows: a. Main in City street or easement (side or front of lot) shall pay sixty (60) percent of the average current cost per foot; or b. Main extended through adjoining lot shall pay one hundred (100) percent of the average current cost per foot, 2. Extension to lots with more than one hundred (100) feet fronting or abutting the main: NOT i Sixty (60) percent of the first one hundred (100) feet; ii Ten (10) percent of the next two hundred (200) feet; iii Zero percent over three hundred (300) feet. ii Ten (10) percent of the next two hundred (200) feet; iii Zero percent over three hundred (300) feet. 3. No owner for which a connection is made pursuant to this subsection shall be entitled to reimbursement for any future connections, and all future taps and connections made by the owner shall be paid for as provided in subsection (e) of this section unless the extension agreement shall state otherwise. 4. Owners of tracts with over one hundred (100) feet of frontage, as described in subsection (£}(2) of this section who may at a later date subdivide their tract shall be required to pay pro rata for the subdivided frontage equal to sixty (60) percent of the average current cost per foot, cost to be detern-:rined as of the date of the tap request. All water supply, distribution, wastewater collection, and treatment systems shall be design to comply with current standards prescribed by all state and federal laws and be in accordance with all applicable local ordinances. 214 Subchapter 21 ................ .......................................................... ................ _ .......... ...... ........... -1-- ... - ... Development Code 35.21.3.1 Reference to Design Standards Manual The design of all water and wastewater facilities necessary to serve proposed developments shall comply with the Water and Wastewater Criteria Manual Water pipe shall be a minimurn of six-inch nominal internal diameter construction. Location of water utilities shall generally be in City right-of-ways. In unusual circumstances, location may be in a utility easement if approved by the water utilities department. 35.213.3 Fire Hydrants Fire hydrants shall be a maximum of six hundred (600) feet apart in residential areas and maximum of three hundred (300) feet apart in commercial/industrial areas. These are general standards to be used for platting purposes. For known end uses at the time of platting, Appendix III-B of the Uniform Fire Code shall be used. Fire hydrant spacing reqi.&ements for all building permits issued on any platted lot shall comply with Appendix III-B of the Uniform Fire Code. 35.21.3.4 Valves and Fittings All valves, fittings and appurtenances shall be designed and constructed to the standards established by the water utilities department as prescribed by the Water and Wastewater Criteria Manual E. Availability of funding within the water department's capital improvement program. F. The identification of capital improvement projects within the water utility department's adopted five year Capital Improvements Program that would be designed to address this system wide need. All contracts between the City and the developer for City cost participation for these improvements must be approved by the City Council after recommendation from the Public Utilities Board. MR glytomrilm� 35.21.3.6 Sewer Lines 35.21.4 Easement Requirements All utilities in a development shall be provided in street rights-of-way except for special circumstances approved by the Development Review Comn-i-ittee. In such cases, the following standards shall prevail: A. All utility easements shall be a minimum of sixteen (16) feet unless special circumstances warrant additional or reduced easements which can be approved by the Development Review Committee. The general criteria to define minimum easementxidths are listed below: IM, Subchapter 21 ......................... ....... ............... ............. I ......... – ........................... .......... Development Code Water and sewer lines up to 24" in the same easement 20 ft Water "ands — "e-werlines greater than 24" in the same 25 ft easement -------------------- — -------- Easements along TOOT right of ways 20 ft B. Lot lines will not split easements. C. Dead-end easements are not acceptable unless approved for special circumstances by the Development Review Committee. D. Fences within utility easements are prohibited. 35.21.5 Water Capacity Requirements Every development shall provide adequate water capacity for fire protection purposes. The procedure for determining fire flow requirements for building or portions of buildings here after constructed shall be in accordance with Appendix 111-A of the Uniform Fire Code. For any platted lot where the end use is not defined, the following standards shall apply: All fire flows to be calculated with twenty (20) pounds residual pressures. In addition to the fire flow requirements specified above, the development shall provide adequate water capacity to satisfy the following demand conditions: NM Subchapter 21 - .... — .................. ............................... Development Code 35.21.6 Sewer Capacity Requirements 1 11-1- ................... ............ ........................... . . ... ..... Sewer capacity required. The City reserves the right to prohibit any connection to the City sewer system when it is determined that a line or the system is overloaded. The City also reserves the right to prohibit any - - -P+OK • s &� capacity • serve the sewer demand • the proposed development. The sanitary sewer system shall be designed in accordance with the Citqx's Wastewater Collection SKstcm, Master Plan and tht-&-sign standards so�ecified in the Water and Wastewater Design Criteria Manual 35.21.7 Impact Fees 35.21.8 Tapping Fees .......................... ....... 1-1---- The water utilities department personnel shall make all connections to the existing water and sewer system. The fees charged to perform this work shall be paid for by the entity requesting this work. HMIRXNM�� Any water and sewer service connections that serve lots that connect to new water and sewer mains extended lines by the City. Any mainline taps or service line taps made on the existing water and sewer system owned and operated by the City shall be made by water utility personnel and paid for by the entity requesting this work. The fees schedule for all taps and meter loops shall. be established annually by ordinance adopted by the City Council after recommendation by the Public Utilities Board. The fees shall be based upon the actual cost to install a given sized tap in a paved • unpaved area. These costs shall only reflect the average annual cost to perform the work, including equipment, materials and labor. All taps or other utility work performed by the water utilityy de,,oartruent personnel that do not have established fee schedules adooted by ordinance. the fee wil be based upon the department's estimated cost of equipment, materials, labor plus administrative costs. All tap fees shall be paid for prior to the work being performed by the City. The Director of Water Utilities will be responsible for the development of administra6ve procedures to insure the collection of tapping fees in accordance with the provisions of this ordinance. EM Subchapter 21 .............. .................................... ............. ................................................ Development Code 35.21.9 Oversize Participation by the City ................................ -1 ................ . 11-- . ........ - "I'll -11-11.1---- ............... . .................... ................. 35.21.9.1 Basic Policy Oversized mains. The City may elect to participate in the oversizing of water and sewer mains, subject to fund availability and approval by the City Council. "Oversized mains" are defined as water mains over eight (8) inches and sewer mains over ten (10) inches which are required by the City for future system expansion and are not specifically required to provide service to the proposed development. 35.21.10 Pro-Rata Agreements Any developer who bears the cost of off-site water or sanitary sewer main extensions to a development or installs a Eft station with excess ca id�acent thout Ci[-*l oversize ��ation shall be entitled to reimbursement of the pro rata cost paid to the City, as provided below, for each user who extends a service line from the main or connects to the lift station within twenty (20) years from the date the facility is finally inspected and accepted by the City. 35.21.10.1 is Policy Pro rata charges for tapping mains extended by developer. The pro rata charges for tapping mains extended by the developer shall be as follows: A. Every person or developer applying for a tap of any water or sanitary sewer main which has been constructed under the terms of the developer extension requirements of this section or the City extension requirements of this section shall pay for the requested taps at the foRowing rates: 219 Subchapter 21 ........................................ ............................... Development Code T COS� ° -.... Reirnbursernent = ECAR-� C 'Total cost of facility. ' Total capacity, in gallons per rrdnute (gprn) of the facility. 'Capacity, in gallons per aninutc (gpcn), in excess of capacity reserved or required by developer's property. C. Reimbursement costs shall be payable to the developer within thirty (30) days of receipt of pro rata charges collected by the Citlr. Uff Pro rata charges for use of sanitary sewer lift stations or force mains installed by developers. Persons connecting to or using sanitary sewer lift stations or force mains installed by a developer shall pay pro rata costs as follows: A. Every person who connects to or makes use of a sanitary sewer lift station or force main, the cost of which was incurred by a developer and for which a pro rata reimbursement agreement has been entered into between the City and such developer, shall, as a condition to such connection or use or continued use, pay to the City a pro rata cost charge based upon the use of the excess capacity of the facility, determined as follows: Avg. Daily Flow' X 1.52 x N3x Rate4 'Average daily flow -The projected average daily sewage flow from each building, structure or particular land use. For single - famrly residential buildings the projected average daily sewage flow of three hundred twelve and five - tenths (312.5) gallons per day (gpd) shall be used (based upon two and one -half (2.5) persons per building tircres one hundred twenty -five (125) gpd). For other land uses, the projected average daily sewage flows shall be based upon the U.S. Environmental Protection Agency's or its successor agency's most recent listing of average sewerage flows for various land uses or facilities or any other national or state fisting of such sewage flows recognized in the utility industry, as determined appropriate by the director of public utilities. 21.5 - -Ratio of peak flow to average daily flow. 'N— Nurnber of buildings, structures, units or particular land uses on which the projected average daily sewage flows are based agate— The gallon per minute (gpm) cost of providing the sewage capacity used, determined as follows: Total Cost of Facility Total Capacity f gpml -11440—The rrunutes in a twenty -four -hour day. Prior to beginning of construction of any facility for pro rata reimbursement provided developer * a pro rata reimbursement agreement with the City. The agreement shall be in a form approved by the City. In addition to such other terms as may be necessary to carry out provisions extension section, the agreement shall provide that if construction of the facility does not commence within one (1) year of the date of the agreement, it shall terminate, unless a written # # by both parties. MI Al pro rata agreements shall be reviewed and approved by the Director of Water Utilities. Final approval of pro rata agreements will • • the City Council after recommendation by the Public Utilities Board or by the City Manager if this authority is delegated • him/her by the City Council. 35.21. 11 Alternative Water and Sewer Facilities All developments within the jurisdiction of the City shall be required to have approved water supply and sanitar7 sewerage facilities and shall be required to connect to the City facilities unless alternative arrangements have been approved by the City according to the following standards and procedures: Al alternative water and sewer systems must be approved by the Director of Water Utilities and the Ci7 Council after recommendation by the Public Utilities Board. All alternative systems shall be designed and operated in strict compliance with all applicable permits, ordinances, regulatory guidance and regulations including the EPA, TNRCC, Texas Health Department and the City. Alternative water and sewer systems will be considered for developments under the following criteria: R1*4 • Developments may be approved with individual water well facilities according to the following criteria: A. Water well operation and quality meet the minimum requirements of the TNRCC and the provisions of the City Code. B. Water wells are not utilized in any commercial sale of the water. C. Cost to tic onto the City water system, less impact fees, exceeds the certified initial capital cost of a well. Subchapter 21 ............................ ....... Development Code D. An applicant for approval of an individual water well shall submit the following evidence to the Director of Water Utilities: 1. Water Well application; 2. Water quality tests; 3. Affidavits stating that no more than three (3) families will use the well and/or the well water will not be used in any commercial sales; and 4. Certified cost estimate of well installation. 35.21.11.4 Private Water Systems In areas where development requires water services for more than a single facility and the cost of extending and tying onto the City system is prohibitive, privately owned water facilities may be considered and approved by the City according to the following general criteria: A. Utilizing Private Water Well. of two (2) acres when a private water well is located on the legal tract and a single family dwelling, commercial, or institutional building utilizes an on-site sewage facility. Environmental protection must be demonstrated on the on-site sewage facility plan when the land tract is in a flood plain or floodway. M, B. Utilizing Public Water System. I 1 11 'i 11- — L le I of one (1) acre when a single family dwelling, commercial, or institutional building utilizes either a surface • sub-surface drainfield system. Environmental protection must be demonstrated on the on-site sewage facility plan when the land tract is in a flood plain or floodway. 7 L impractical or economically infeasible to connect to the City's centralized wastewater collection system. The key factors that will be evaluated to determine the City's acceptance • these alternative individual on-site sewage disposal systems are: Developments may be approved with individual on-site sewage facility systems according to the following criteria: All other installations of on-site sewage facility shall be unlawful within the City or the extraterritorial jurisdiction. M1 B. On-site sewage facilities shall be installed in accordance with the standards established by the state department of health and the design criteria adopted by the City. C. An applicant for approval of an individual septic tank shall submit the following evidence to the Director of Water Utilities: ME Subchapter 21 ......................................................... — ...... ..................... Development Code H. The City may accept existing or annexed private wastewater treatment system for operation and maintenance when the City's sewer lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private system shall be dedicated to the City at no cost. 1. Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and- evaluated as to standards, adequacy, condition, etc. If sewer lines and facilities are not according to City standards, a per-lineal-foot pro rata charge shall be assessed to the users of such system for instaflation of these new facilities of: will be on a per-lineal-foot, actual-cost basis for upgrading or repairing the existing facilities to meet City standards. 35.21.12 Plans and Specifications The developer shall provide the City with all plans and specifications for all water and wastewater facilities necessary to service the proposed development. AU water and wastewater facilities necessary to support a proposed development shall be designed by a professional engineer licensed in the State of Texas. Plans and specifications shall be prepared and submitted for review and approval prior to final acceptance and approval of the final plat. Plans and specifications shall conform to the criteria contained in the Water and Wastewater Design Criteria Manual. NM Subchapter 21 ................ .............................. ...... ............................ ....... . . ......... Development Code 35.21.12.3 As Built Drawings After the construction has been completed and prior to acceptance of the facilities by the City, the construction plans shall be modified to reflect As-Built conditions and be submitted to the City. ON Subchapter 22 Development Code Subchapter 22 — Gas Well Drilling and Production Sections: 35.22.1 Purpose. T ILI ne a Mg an ?roLtucu*ii • prevent imminent destruction of property or injury to persons and to make these activities conform to the Denton Plan and development regulations. This Subchapter implements reasonable regulations to protect the health, safety, and general welfare of the public and to accomplish the orderly and practical development of mineral resources. 35.22.2 Definitions. ............... . . .................... All technical industry words or phrases related to the drilling and production of gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this Subchapter, the following definitions shall apply unless the context clearly indicates • requires a different meaning. Abandonment. "Abandonment" as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Subchapter. Drilling. Any digging or boring of a new well to develop or produce gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned Exploration. Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. Fracturing. The use of stimulants injected into a gas well to split or fracture the formation to improve the productivity of the gas well. 9% Subchapter 22 .................. ............................... Development Code Operation Site. The area used for development and production and all related operational activities of gas after drilling activities are complete. Operator. For each well, the person fisted on the Railroad Commission Form W-1 or Form P-4 for a gas well. Petroleum Specialist. A person familiar with and educated in the oil and gas industry who has been retained by the City. Well. A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons. 35.22.3 Gas Well Drilling and Production "By Right' . A. The drilling and production of gas within the corporate Emits of the City shall be permitted by right within the Rural Residential (RD-5), Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhooi, Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC-N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts provided that no residential structure or place of assembly, institution or school exists no closer than five hundred feet (500') from the wellhead or within a previously platted residential subdivision where one or more lots have structures and provided that the drilling and production of gas meets the following requirements: 1. All applicable standards forth in Section 35.22.5, Standard Conditions for Gas Well Drilling and Production. 2. An approved Gas Well Development Plat and a Road Repair Agreement are on file with the Director. 3. A Gas Well Permit has been issued by the Fire Marshal. 35.22.4 Gas Well Drilling and Production by Specific Use Permit or Planned Development Zoning District; Application and Requirements. ----------------- 9E Subchapter 22 Development Code 35.22.5 Standards for Gas Well Drilling and Production. .......... ........... C. A Road Repair Agreement shall be filed in the Department of Engineering. 2. On-site requirements. 231 Subchapter 22 ............ Development Code connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the City. k. The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the Engineering Department, and then only in compliance with specifications established by the department. M! #�� a. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. a • -R 1 0 • •• �j mmsru I a elm um 4141141111-2 1111 1191341121'"SAINVA Is 111"W" IN 111111 a 0 1 G&119- 11 11 C. The operator shall at all times comply with the rules and regulations of the Railroad Commission including but not limited to all applicable Field Rules. d. Internal combustion engines may be used in drilling operations if they have mufflers that will reduce noise to not more than 90 decibels at any point 300 feet from the boundary of the drill site or operation site. Only electric motors shall be used for the purpose of pumping gas wells. h. Fracing operation shall be scheduled to occur during daylight hours unless the Operator has notified the Fire Marshal that fracing will occur before or after daylight hours to meet safety recliurements. z,qHMEz= � ON Subchapter 22 ........... .......... . ..... —111 .......... Development Code 4. Storage tanks and separators. 5. Flow lines and gathering lines. d. Structures shall not be built over flow lines or gathering lines. 6. Additional safety and environmental requirements. WN Subchapter 22 ---- . ................................................................... Development Code k. Lining the reserve pit shall be required if the reserve pit is within two hundred feet (200)' of a body of water, creek, or floodplain. 000� •� a. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable Specific Use Permit or Planned Development Zoning District or underlying zoning classification that permits gas development by right. The operator shall provide the Fire Marshal a cop), of additional Railroad Commission permits that allow drilling to a deeper depth. b. Supplemental drilling to deepen or directional drill an existing well shall • conducted accordance with the approved Gas Well Permit for the well on file with the Fire Marshal. B. Drilling and production of gas wells shall comply with 0 federal, state, and local laws applicable to gas well drilling, production and operations. 35.22.6 DRC Recommendations for Specific Use Permits and Planned Development Zoning Districts. A. The Department shall forward all applications for Specific Use Permits and Planned Development Zoning Districts to the DRC for review. The DRC shall review each application within 30 days after filing and shall make recommendations regarding the applications to the Planning and Zoning Commission and City Council. A copy of all recommendations shall be provided to the operator. The DRC may make recommendations regarding any aspect of the proposed gas well development including, but not limited to, recommendations with respect to the standards set forth in Section 35.22.5. 35.22.7 Gas Well Permit Required. NM Subchapter 22 ................. ............ Development Code 1. Standards for Gas Well Drilling and Production requirements of Section 35.22.5. 2. Insurance and Security requirements of Section 35.22.8 and Section 35.22.9. 3. Periodic reports as required by Section 35.22.11. 4. Road Maintenance Agreement unless already provided. 35.22.8 Insurance and Indemnification. The operator shall provide or cause to be provided the insurance described below for each well for which a Gas Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a "blanket basis for multiple wells". Such coverage shall be approved by the Risk Manager for the City of Denton. 92 Subchapter 22 ................ ...... — .... . . . .... . . ............................................................. Development Code 5. Certificates of insurance must be presented to the City evidencing all coverage's and endorsements required by this Section 35.22.8, and the acceptance of a certificate without the required limits and/or coverage's shall not be deemed a waiver of these requirements, 6. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Subchapter. 1. Commercial General Liability Insurance. 2. Automobile Liability Insurance. Nfin'mum Combined Single Limit of $500,000 per occurrence for Bodily Injury and property Damage. Such coverage shall include owned, non-owned, and hired vehicles. M Subchapter 22 ................. 11 ...... Development Code 5. Control of Well Insurance. b. Policy shall cover the Cost • controlling a well that is out of control, Re-dri1ling or Restoration expenses, Seepage and Pollution Damage, Damage to Property in the Operator's Care, Custody, and Control with a sub-limit of $500,000 may be added. 35.22.9 Security. ......................... ..- B. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the City. The instrument shall run to the City for the benefit of the City, shall become effective on or before the date the Gas Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. F. An appeal of the determination of the amount of security required under this Subchapter may be made to the Planning and Zoning Commission for recommendation to the City Council for final determination of the amount of security. M lar-afrMaDJOHINI 35.22. 10 Review Of Applications For Gas Well Permit A. All applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the D• C for review. Incomplete applications shah be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by the Director. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. F. Each Gas Well Permit issued by the Fire Marshal shall: REIN 1 0 - - -• G. The decision of the Fire Marshal to deny an application for a Gas Well Permit shall be provided to the operator in writing within 10 days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the Construction Review Board. H. If an application for a Gas Well Permit is denied by the Fire Marshal, nothing herein contained shall prevent a new permit application from being submitted to the City for the same well. 35.22.11 Periodic Reports. 35.22.12 Notice of Activities. A. Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the City at least 10 days before the activities begin. B. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. C, The notice must also provide the address and 24-hour phone number of the person conducting the activities. M, Subchapter 22 .......... — ..... ....... ............... ....... Development Code D. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities. E. If the City determines that an inspection by the Fire Marshal is necessary, the operator will pay the City's customary charge for the inspection. 35.22.13 Amended Gas Well Permits. -zumm�� 3. Any changes to the information submitted with the application for the existing Gas Well Permit (if such information has not previously been provided to the City); 4. Such additional information as is reasonably required by the Fire Marshal to demonstrate compliance with the applicable Development Plat, applicable Specific Use Per or Planned Development Zoning District; and Km Subchapter 22 Be-v- *e' I "o"p, ... m ... e'nt .... Code'... 35.22.14 Transfer of Gas Well Permits. 35.22.14 Remedies of the City. D. The decision of the Fire Marshal to recommend suspension or revocation of a Gas Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the City Council. E. If a Gas Well Permit is revoked, the operator may submit an application a new Gas Well Permit for the same well. 35.22.15 Enforcements, Right of Entry. .............. The Fire Marshal is authorized and directed to enforce tl-�s Subchapter and the provisions of any Gas Well Permit. Whenever necessary to enforce any provision of this Subchapter or a Gas Well Permit, or whenever i- the Fire Marshal, or his designated representative, may enter upon any property covered by this Subchapter or a Gas Well Permit at any reasonable time to inspect or perform any duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. 241 Subchapter 22 ------''--'-------------------'---- �v�m��� 35.22.16 Enforcements, Right of Entry. .................................. I ....... .......... — ................. Subchapter 23 ....... Development Code 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 of a property f 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 tI Director • 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. 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 consideration any one or more of the following: EK Subehapter 23 .................................... Development Code 1 . Books, magazines, periodicals or other printed matter, or photo-graphs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations distinguished or characterizeoi by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specifici 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 business purposes" the sale or rental of the materials described in (A) above, if: Adult Motion Picture Theater: A commercial establishment where, for any form • consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished • characterized by an emphasis • matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." EE 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. 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 an automotive repair or rebuilding business. ac al 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. M9 Subchapter 23 ............. — ................................................................... ............................................ Development Code M on IM Subchapter 23 .................. Development Code principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure. Certificate of Occupancy: Certificate 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, structure or proposed land use complies with the provisions of all applicable Codes of the City of Denton. Church: A structure owned and/or used • a religious organization or congregation and providing regular organized 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, dormitories for students, recreation associated with a school, day care facilities, arenas or production studios. A house of worship M,-4T include the follc oCi use in addition to the r al structure: dwelliflog units for relig 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. ME Subchapter 23 ............ Development Code iii 1 111111 ill I Ii Hill I lil I iiiiiiiiiiIiiiiiiiii • College or University: An institution of higher learning providing facilities for teaching and research and authorized to grant 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 Paricing Lots: An area devoted to the standing, maneuvering, and circulation of motor vehicles in commercial areas. Commission: The Planning and Zoning Commission of the City of Denton, Texas. Committee: The Development Review Committee (DRC). Condominium: A type of ownership of attached or detached dwelling units, offices, or other space within a structure, as defined by the provision of Title 7, Chapter 82 Uniform Condominium 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. Conservation Easement: A nonpossessory interest held by a governmental body empowered to hold an interest in real property under the laws of this state • the United States; other qualified entity, pursuant to Section 170(h) • the Internal Revenue Code, as amended; or a charitable corporation, charitable association, or charitable trust in real property that imposes limitations 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 air or water quality; or D. Preserve the historical, 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 recording 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. W. Subchapter 23 ..................... — ........... ........................... ......... -- ................... ................... Development Code 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. 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 pertaining to the technical and design requirements of this Chapter. Critical Root Zone: A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. A tree's critical root zone is measured as one foot of radial distance outward from the trunk for every inch of the tree's DBH., and may be no less than a radius of eight feet. • • Dense Evergreen Foliage: A large quantity of vegetation on per unit of area that retains its leaves throughout the year and of such opacity as to block one's vision through it. Detention: The storage of storm runoff for a controlled release during or immediately following the design storm. Regional detention refers to storage of storm runoff from an entire drainage area of basin. Developed Floodplains: Any area defined as a floodplain within the FEIVIA 100-year floodplain. These areas have typically been channelized • the land within these areas has been graded, filled, or otherwise disturbed. HE la •• •I 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 unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of se • - excavation min' drilling-utper ing or _�,,_detposit of refuse. debris. • fill materials and clearing of natural vegetative cover (-,,�ith the exception of agricultural activities as defined and as permitted). Ikoutine repair and maintenance activities are exempted. Directional Antenna: Any antenna which 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 care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has: A Orthopedic, visual, speech, • hearing impairments; G. Multiple sclerosis; H. Cancer; I. Heart disease; J. Diabetes; K Mental retardation; L. Autism; or M. Emotional illness Disc Antenna: A device incorporating a reflective surface that is solid, open mesh, • bar configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit • receive radio or electromaxetic waves between terrestriallip or orbitallkj based uses, This definition 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. 1 Subchapter 23 ... ............ .................................................. ............................. ...................... ......................... ..... i ... — ..... I Development Code Disturbed Area: An area of land subjected to erosion due to the removal of vegetative cover and/or earthmoving activities, including 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, university, 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. Driving Surface: A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Surface to be of minimum 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." MI 1 1:4 Easement, Access: An easement created for the purpose of providing 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. Effluent: Sewage water or other liquid, 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. PM Subchapter 23 ,~~~' ~~ .......... ........................ ' .......... ,~','','',_____ Development Code 6=74�� Iffx'dwaglujiml *I lot 1 0 MWOU1911LIENN 11111111 11113 11111 AMUMTX-W�11�1 13301�11111 1 1111111 Floodplain: An area identified by the Federal Emergency Management Agency as possibly being flood-pro or below the immediate flood line (100-year flood plain). I 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 official Federal Insurance Administration report containing flood profiles, the water surface elevation of the base flood and the flood hazard boundary map. N1 ........... ............................. ...................... ---i-- ................................ -- Subchapter 23 -- .......................... Development Code Front Yard: See "Yard, Front." Frontage: That side of a lot, parcel or tract abutting a street right-of-way. Garage, 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 residence 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 commercial activity. Gated Communities: Residential areas that restrict access to normally public or private open spaces and routes. General Business: Commercial uses providing a wide range of retail goods and services to meet the needs of a large segment of the community. 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; I It I a 812�� ME 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 structures 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. A. Individual: One to three clients, plus manager. B. Family: Four to six clients, plus manager. C. Group: Seven to 15 clients, plus manager. Guest House: An attached or detached building that provides living quarters for guests, servants, • 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. F91ROAM Handicap: A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, 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 • federal law or a chemical petroleum !4irk9kr,,ri Qr re-Iguai- • 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, Exnlosives, Class A. ExT)Iosives. Class B: Poison A: Poison B: Fl-amma ?-An- NE Subchapter 23 ....................... ---- ........... -11— ........... .................. ...................... . . --- ......................................... ................................ Development Code Hertz: Unit of frequency equal to one cycle per second. High School: A private school established for grades 9-12 or 10-12. 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. ME HE Subchapter 23 ...... ............................... ---- ............. Development Code 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 drug addition caused by illegal use R f a controlled substance). 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 physician licensed by the Texas State Board of Medical Examiners, or other set-vices that meet some need beyond the basic provision of food, shelter, and laundry; or 1. Are not related within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to the proprietor; and 2. Itecause of their physical or mental limitation, or both, require a level of care and services suitable Iw- their needs that contributes to their health, comfort, and welfare. o NM Subchapter 23 ........................... .................... — ............ ....... —.— .................. . . ....... . . ........... 11 ... 1-1.1.1. Development Code Land Disturbing Activity: Alteration of the land surface by: A. Any grading, scraping, excavating, dredging, transporting or filling of land; B. Any clearing of vegetation; T I I 111 1111 RAMMMMIMM NW4 Subchapter 23 ......... ......................................................... ,........ ......... .......�. H.......H ......... ......... Develapment Code Lot Caverage: That poxtion of a lot used far buil ' g, par ' g, vehicular and pedestrian circulation, loading areas, and outside storage areas. Lot epth: The horizontal distance from the �dpoint of the rea� of lot line to the midpoint of the frant lot line. Lot, auble Frontage: A lot having frontage on two no ' tersecting streets, as distinguished from a coxnex lot. Double frontage lots are proFubited. Lot, Flag: Any lot not having standard legal access to an City street, and which is provided with access b}� a driveway parallel to the lot line of a lot having standard access. + � . ., , * � ��,'. � #�� � � a �� .,. ��. � .,... • . � � .'. •.� .,. • - � � : .. - ' � - • r .,. �. �� l... � ��.. - •a i •� a • � � � - � , � � � •- - - � � � � � Lot, Interior: A lot other than a coxner lot or a through lot. Lot Line: A boundary of a lot. "Lot line" is synonymaus with "property line." + � - . . . - . ., . • . . . +, - • , . -• . - . • ; . , ,_ _ • � - � - - � - • � r , � � - r- - . ��r • - � • . � . * Lot, Gross Area: An area under public ox private gropexry ownership, whase lat lines are described by plat or deed. Lot Line, ear: A lot line which is opposite and most distant frorn the front lot line, and in the case of an irregular, triangutar, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a ma � um distance from the front lat line. �; �� • M a .; Lot of Record: An individual lot or a lot which is a part of a subdivision, the map of which has been legally recarded 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, eversed Corner: A corner lot, the side street line of which is substantially a continuatian of the fxont line of the first lot to its xear. Lot, Thtaugh: An interior lat haviiig frontage on twa (2) parallel or approximately parallel stxeets other than alleys. Through lots are prohibited. Lai idth: The horizontal distance between the side lines, measured at right angles to the lot depth at a point midway between the front and rear lines. ajor Even¢ Entertain ea�t: A stxuctuxe or area with a capacity of greatex than 1,Odd seats fox public performances and sporting events. Major event entertainment facilities include movie theaters, concert halls, stadiums, and arenas. ajor Life Activity: Includes functions such as caring for one's self, perfor ' g manual tasks, wa � g, seeing, hearing, spea � g, breathing, learning and working. anufacture of Non- diferous Foads: Industrial opexations for the manufacturing of non-odiferous foods. .: � � - -- � - . -� • # �� Subchapter 23 .................... ......... ............ ...... .._...... ,....,....................... ..... ,.......,.,.,.....,...................... ................... Development Code a�ufactured a e ark or ar , U-Code : A paxcel of Iand under single entity awnership which has been separatety platted for the placement af HUD-Code Manufactuxed Homes, accessory uses and service facilities, meeting all requirements of this Chapter and any applicable deed resti-ictions and state laws. anufacture o e 3ubdrvision, U-Code: A txact of land that is subdivided and platted fax individual ownexship of HUD-Code manufactured homes. M�ster Plan: Policies and plans adopted by the City Cotulcil as a guide to the systematic physical development of the City. ec arxical Equip ent: Equipment ox devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment, solax collectors, parabolic antennas, disc antenna, radio or TV receiving or txansmitting antennas, and any powex generating devices. The following equipment or devices are exernpt: • � � - • , * _ � . R� . * �... � � � R... . ,,. * ' �. ��.. '. l.. � '; • ' ` * ' ' ♦ 7: ! . f � ' �." .i' �t.� • �.. . _ . ' ' 't.: M ,..l� • B. PaYabalic antennas under three (3} feet in diame�er. edical Cenier: A walk-in facility for medical, obstetrical, or surgical care limited to day use only. + - i� � �� , ♦ � � �+� Minirnum �Structure Separation: A required open space between any two structures on the same lat which are used fox nonresidential and multifamily xesidential purposes. Minor Plat: A subdivision resulting in four (4} or fewer lats, not requiring the creation of any new stxeet or the extension af mLmicipal facilities and not generating an average daily vehicular traffic (AD"I"� count af one thousand (1,oao� or more vehicles. Matet: A structuYe or group of structuxes on the same lot containing individual guest units fox rental to transients, with sepazate extexior entrances, and consisting of individual sleeping quarters, detached or in cannected rows, with or without caoking facilities. ative Vegetatian: Vegetatian 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. � .:. * .... . _ � . ., .R � ,.. * . _ � �; + t ; , . i . � , � • � # +, . , � r r � • _ � _ + . r �r � -. _ , * . � � - R�� ���::- � '�:. . �� ��. M ■.. ... • ;. ,. R . { ��� ��. :� � ' f.�:� ��: �:a ����.: � �' � .1�� • � ' � .� � •�� � • ��.... R...`.:.. ��.. • - � • �, ♦ � - 1 � � � i � �� .� r r-ti *.; •- � � * r * • � Nudity or a State of Nudiey: A. The appearance of a human bare buttock, anus, male genitals, feinale genitals, or female breasts; ox B. A state of dxess which fails to opaquely cover a human buttock, anus, male genitals, female genitals, ox areola of the female breast. • � 1� � . • �3�J Subchapter 23 ....................................... ........t ........H ......... ......... ......................... _.......... ....... ,........ ......... ...,...,..,.,.....,...... ..,.,.... Development Code ctave and: A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrurn into eight (8} octave bands. dor Thresholci: The concentration of odorous matter in the a osphere necessary to be perceptible to the olfactory nerve of a noxmal pexson. Deter ' arion af the odox thxeshold is prescribed by A.S.T.M.D. 1931-57, Standard 1�Iethod for Ivfeasuring Odor in Atmosphere. � � .* � rt�� -� ' +►.- + R�� •. Official Zoning Map; A map officially adopted b�� the City Council that illustrates the various zoning districts of the City of Denton, Texas. ! i • •� a �• � �- • �i ! ,- . �. li � 11 . - � -. • �* r , _ � • ., - . • � •.-. -a �• • �* � • - •♦ Open S�ace: Any parcel or area of land or water set aside, dedicated, designated, or reseraed for public use or enjoyment of for the private use and enjoyment of owners and occupants of the land adjoining ox neighboring such open space. ut€ioor ecreation: Outdoor comrnexcial uses which by their nature are recreational such as golf couxses, outdoor swimming pools, tennis courts, and basketball courts. utdoor esale usiness; A business that sells used merchandise, other than automobiles, log ' g equipment, oz other agricultural equipment, and stores or displays the merchandise outdoors. Outcioor Storage: The storage of especially large quantities af materials or pxoducts associated with an industry or business. Such storage zequires a structure designed for and/or devoted to the containment of the item, such as oi1 storage tank or gxain elevator. �,: • � • a •�• � • � �-� � � r�; M + a � - � + . � . r • � r '- - � ' - -� r ■� • � + • + r r � - r , • � t � . � � w • -a- -•� � •, •,�- � � • - -t � �r -r � • � _ ' � . 1�. '.: � �.. � • ,....- ♦ ! ..:. # � ' f,. �� � # R ��� R ..,. 1 • � 1 i . . ..,. R # � ,,. • f � ��� � ! M � ��: .. ! #� .. 1 Park ar Recreation, Private: A noncommercial, not for profit fac'rlity designed ta serve the open space and recreation needs of the xesidents of a development. Par °t�g Space: A rectangle not less than eighteen (18) feet long and � e(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 af the street right-of-way. I'at 'ng, Street; ff-Street, YT -Cade anufactured o e Park: A parking space located within the boundary of a HUD-Code tilanufactuxed Home space, ox in common par � g and storage area having unobstructed access to an internal street or access way, and as depicted on the site plan. Par 'ng Tande : Parking spaces that are arranged one be ' d another. Each par ' g space shall meet the ' ension requirements oF a full-size car on a one-way aisle. Tandem par ' g is allowed in drive-through lanes. Particulate atter: Finely divided solid ax liquid matter, other than watex, which is released 'rnto the atmosphere. � Subchapter 23 ......... ......................................................... ,,,,.,......... . ,..... . . , .,, � ....... ..,.,., . , ........, .............,,................ ....... .......,..........,.. Development Code Paved: A paved surface shall be in accordance with City codes and Chapters xelative to approved surfaces or as specified. eak P�rticle Velocity: Unit of ineasurement that identifies, in inches pex seconds, how fast the gxound moves. eciestrian riented istrict: All propexty within a Neighboxhood Residentia£ zoning district and the Central Business District. ... .# ` . ' • .�,... � . M �: ,, w i . ,: ' ��.. i M,� i� . ' . f ' � ,. +. i ..�.. #. �. M ' � . �. +: . ' . . ��.,.' + ' ... � ". � , ! . ... ��. I ,...:� ' ". i : � � ' . Perennial Stream: A stream with flowing water year-round during a t�=pical year. The water table is located above the stream bed for most of the year. Ground water is the pximary source of water fxam stxeam flow. Runoff from xainfall is a supplernental source of water foi stream flow. Perxnitteci Use: That use af a lot which is among the uses allowed as a matter of right, and subject to the restrictions of the za ' g district. erson: An individual, firm, partnership, pxoprietorship, association, corporation, estate, receiver, syndicate, bxanch of government, social or fraternal as°ganization, or any othex group or combination acting as a legal entity, and inclu ' g any trustee, assignee, or othex representative. ilot Channel: A concrete channel 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 and Zoaing Cornmission/Cornrnis�ion: The City of Denton Planning and Zoning Commission, xeferred to as "Commission." . .. . ., - - . , . . � . . .- . . # �! - - - M * - r, � _ ► - • � � - � .��.. r� - '-s+ •;. r ...... ��.: �� � �.�..� :� •. � . ' � ' .. ' ...: * ' R ',, • M �,. �� � - ! .. ... � �, �.. � ' Plants, Pla�t Material: Live plant material, including grasses, annuals, pexennials, 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 considexed live plant materials. Plat or Final Plat: A map of a subdivision, addition or development to be recorded in the Caunty Clerk Piat Records after approval by the Planning and Zoning Commission ar the Development Review Committee. Pole ounted tenna: Any antenna which is preassembled off-site and designed to be moved from site to site. reli inaty Plat: A map showing the salient featuxes of a proposed development as required by this Chapter submitted fox the purpose of preliminary consideration prior to the submissian of a Final Plat. Printing/Publishing: An establishrnent where printed material is produced, reproduced and�or copied by either a printing press, photogxaphic xepxoduction techniques, or other similar techniques. This use does nat include copy shops. rivate Access rivea A drive se ' g 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 gxoup of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale, possession, or serving of any alcoholic beverage �' Subchapter 23 ......... ......................................... ......... ......... ......... ......... .......,. .................. Development Code permitted by the law of the State of Texas and where none of such facilities axe available except to a member or their guests. Private Street: A street which serves several lots over which the general public has no right of use as opposed to a driveway which is meant to serve one lot. Prtvate Utility Provider: The owner of a wire network (i.e.. cable, electric, ox telephone company) utilized in connecting the variaus cell sites to telephone switching ofFices, long distance providers or the public switched telephone network. Private ay: A private easement ox ownership established by deed for vehicular access to praperty. Professional Services and Offices: OFfices used for the conduct of business-related activities, excludin,g the sale of inerchandise ox storing of inerchandise on the premises. Public I prove ent: Any street, alley, utility, drainage facility or other fac'slity or improvement of land designed and intended to be dedicated, conveyed, or owned by the public. R...:... M�'.. ' • r . �, . ... �:�� ' .J ♦ �.* _ ._ � �..' � R�,:� � i �, � �,. ,�. � � �... • .. � ! # t �.. • � ,, t � • .. !� • + + • � + � , r �, r • ;- - - � a � ' • M . �: '. R ' �'. . Rear Yard: See "Yard, Rear." '` �', � � -i i M • � � * • s + + - s �t - - a � ♦ r • • s r � • � r, + - �. • r � - * M �r - s r � • _ � i � •# � Recycling Busiaess: A business that is primarily engaged in: A. Converting ferrous or nonfexxous metals or other materials into raw material products having prepared grades and having an existing or potential economic vatue; B. Using raw material products of that kind in the production of new products; or C. Obtaining or storing fexxous or nonferrous metals or other materials for a purpose described by Paragraph A or B. .+ r � .. • . . a � a ♦ . � ..., • . ' ' ���: i �.: M � ,,, ! ..' � .. 1. '. ' . R: 1, , , �- � ;. � , �.R �� �: r w • M • r � ♦, esi€iential isttict: A one-fa ' y, two-family, or multi-fa ' y zoning district, or an5� area wit � a planned development zoning district which is designated for residential use, as shown on the appxoved site plan for the district. Residentiat Use: A one-famIly, two-family, or multi-family dwelling, trailex camp, mobile home, ox HUD- code manufactured hame pazk or development. Restaurant: A structure that prepares and serves food to customexs, including sit down, fast food, drive- thxough, and drive-in facilities. ' • � - - s - - r r M •, r� • • • ♦ - + - ir� -a - wr- . � r •,,. *�■ • - - � � ,�; � � ' � •� �.:. ' .: R . #�. � ' � ;. ��. � ' # 1��. . ! .,, * . ::�.. � '.. ' ♦ + i�: •���.. � � [� M i' .. *. r * � r w • - - � - -� � • � Subchapter 23 . ......... ......... ......... ...........................................,.,.,. Development Code r • a �� a * r ♦'• � r a-a . � � � -' � . - -� � `- • - - - • • - � • � r � + r -• ,; � - • - • � � �' I' r . : . � , _ • _ �- � �� � - • -� Ri�arian Buffers: Areas identified as 10d feet from the stxeam centexline for streams dxai�ung a basin of greatex ihan ane squaxe � e, and 50 feet fxom any streams that drain axeas of one square mile or less. It also includes any areas identified as riparian ihrough any Arxny Corps of En � eexs Section 404 Pertnit Process. Sales af I'raducts Grooun n-site: Roadside stands or other temporary struciu�es constructed for the sale of agricultural or horticultuxal pxoducts raised substan�ially on the premises. S�lvage Yard: Any lot or parcel of land on which wasies or used secondhand materials axe bought, sold, exchanged, stored, processed, or handled. Nfaterials include but are not ''ted to: scrap iron and other ferrous metals, paper; rags, zubber iires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. Sanitary Landl�lls: A system of txash and gaxbage disposal in which the waste is buried between layers of eaxth. Safellite Earth Statians: Are considered to be accessoiy structuxes and axe defined as a combination of: A. An antenna or dish antenna whase purpose is to receive comrnunication or o�her signals from orbi ' g satellites and other extraterrestrial saurces; & A low-noise amplifser (LNA} which is situated at the focal point oE the receiving component and whose purpose is to magnify and transfer signals; C. A coa�al cable whose purpose is to cari�� the signals into the interior of the stcucture; and, D. The starion must be located to the side or rear of the structure unless a usabie satellite signal cannot be obtained; in which case, the property owner map xequest a vaiiance from the requirement through the board af adjustments. Graund-mounted stations shall be no tnore than ten feet above the maximum height requirement of the district in which they are located. M � - _ , . , - . � . • , � " � • , ♦ s, y + • t; • 1 " ' ' ' �■ � �i � � * s *• . �,' * � •;, � ' - r � • * � •- M � .� . �:- + � � • + - • � - . �, �.: � . .. ! .: �.. ' * , ���:. " R ,.. �� � � R .. � ! i � � •' � ■ ♦.:�. • ...,' "� � �." M ' .i R Screening: The establishment of an opaque fence or barrier for the purpose of obscuring from sight a use. Section 4d4 Perrnit: t3 permit requiLed undex federal Clean Watex Act grovisions. Setf-Service Storage: A struceure or portion used fox dead storage, mainly of the excess pexsonal property of an individual or family, but also af small amounts of goods ox merchandise for businesses or individuals. Se i- ude: A state of dress in which clothing covers no rnoxe than the genitals, pubic region, and axeola of the female bxeast, as well as portions of the body covered bp supporting seraps or devices. Semi-P'ulalic Halls, �lul� or Lod�e: A stnzcture ox faciliey owned or operated for special educational or recreaiionat purposes, bu� not p� arilp for profit ox to render a seivice that is custornarily carried on for gain. Setbac%: The minirnum distance between by which any building or structure must be separated fxom a street right-of-way or lot line. � !; �il . � . .., � • 1 ..:' ! ��. � '....: ,�... # ! • ; ���.. R # � .:. l ' �. ! � �. ► ,� �. - � #.�.: •. ��.,. * ' , .# M,,:. ' � .,.' ' ,..��' lM..�.. 1 + .'.� #' ". R • . *, .' ,, � �. � � �, � ,.'� ! • Sewer Seevice Ri�er Pipe, Manufactured Home: That portion of sewer service which extends vextically to the gxound elevation and terminates at a HUD-Code 1tilanufactured Home space. Sexually riented usiness: An adult axcade, adtirit bookstore ox adult video stose, adult cabaret, adult motel, adtilt motion picture theatex, adult theater, escoxt agency, or nude model studio. .i � , � r � ♦ r � �� , ��� + - �; � ♦, r -� ��-• r ��.:... � • ' •� � � i . �. i�� i. ' �:, � � � � �. � * -�� R �! i: .. w * _ . . .. [� . . � . .!� ! ' . ' ��. . R , .... � ' ' � �. �, � - � • ', � ! �.- ... • . 1,. - �: �. i ! � �� t .,.' # # �..: ... � ' � . . ,, '. � ' � ' � .� ... , , � i �, ._ _ . , _ .. _ ��. •: . �, �.:. ' • #�, - �.. �.. w . ��. � . . . .. � i -, . • # �:, ., �, ... ... .. � �..+ ' �,.:' # .,.. _ .... . •� • � )�,.� �- , i r - � M . _ . r - - -w _ �. ......• R����� # � � ' � " �... ....:# � ..�..��..� ��,,. _.... ., . '� ♦ � #'.. � � � i�, ! ' ' �. • � • ■ �: � . � ., M, �. ' t . M �� :: �, Specific LTse I�errnit: A use which is not automatically permitted by right, but which map be permitted within a zoning district subject to meeting specific conditions contained in this Chapter. Speci�e� ato Ycal eas: Human genitals in a state of sexual arousai. Speci�ed Sexual Aciivitieso Includes any of the following: A. The fondling or ather erotic toiic � g of the human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or pervexted, actual or stimulated, inclu ' g intercourse, oral copulation, ox sodomy; C. Excretory functions as part of or in connection with any af the activities set foxth in A through B above. S�read Limits: The width of pavement covered by water flowing fxom a certain frequencp (i.e.; one-hundred- yeat flood}. Storage, uttloot: Any area that contains trash coIIectian 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 repaix, outdoor storage areas of service starions, motox vehicle dealers, or inspection stations. Temparary canstiuction and reiated activities are excluded fxom this definition. �Stoty: That poxtion af a structure included between the surface of any flaar and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling above it; provided, that a room, suite, or story with more than one-half af its height below grade shall not be considered a story for the purposes of height reg`ilations. Stteet: A public right-of-way far roadwaj'y sidewalk, and utilit�= installation inclu � g the terms "road", "highway", "land", "place", "avenue" "a11ey", or other similar designations. The entixe width betureen the right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. ., ... R ,.,. .. ". � , � ! M •� �.:. .._ . � .. • . �.. ! � • . • ; . � ' ' ... .' � ' . : _i#' Subchapter 23 ... .... ..... . .� , ......,.,.,., . ......... .....�,...,..... .. . . ..........,.,,...,..... ......,.. .....,... Developrnent Code � , , . . - � . + ��-, � �� �- .-•. �_ . , . , .� - � • . ,,. . . � a _ , . ,, - � ; . . - - r - • � • ►. � , „ .. �� �� .�� r �- � _ �.� • � Street, Half: A portion of the width of a street, usually alang the edge of a subdivision, where the xemaining paxtion of the street is provided in another suhdivision. Street, arginal Access: A minor street parallel and adjacent to a major arterial street provi � g access to abutting properties but protected from through traffic. Structure: Any structure attached to the gxound which has a roof and which is designed for tlxe shelter, housing or enclosuxe of persons, animals or propexty af any kind. That which is built or constructed; an edifice or structuxe of any kind or any piece of wark artificially built up ax camposed of parts joined togethex in some definite tnanner and which requires location on, in, oi above the ground or which is attached to sornet ' g having a location on, in or above the ground. Sttucture, eight of: The veitical distance measured from the avexage elevation of the proposed finished gxade to the highest point of the coping of a flat roaf ox to the deck line of a mansaxd roof, or to the average height of the gable(s) of a pitch ox hip roof. An}= height limitation of this Chapter shall not apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, watez towexs, silas, chimneys, flag poles, except as may be limited ui the "A" Airport overlay zone. Structure Li�e: A line on a plat indicating the limit beyond which structuxes or structures may not be erected. Similax to Building Envelape. Structure, Principle: A structure in which is conducted the main or principal use of the lot upon which such structuxe is situated. Structuraf t3tteration: A change to the supporting mernbers of a structure including fowidations, bearing walls ox partitions, columns, beams or girders, or the raof. Subdivesion: The division ar xedivision of land into two (2) or moxe Iots, txacts, sites or parcels. 'I'aitwater: The watex surface elevaYion dixectly downstxeam of a diainage facility. � � r ♦ � , � -. � ♦ , � � � � � r- � s- * • ' � � - • � • _ . _ a - r a �,; r - �� � , � � r • • r � `� r r- * s s •• - •, •, . � , * 'I"horaughfare Plaa: The thoroughfare component of the 1�fobility Plan, the official map depicting the City's e�sting and future street system and roadway network, tagether with explanatory text. Ti e of Concenteati��; The estimated � e(in � utes) required fox stoxmwater runoff ta flow from the most hydraulically xemote section of the drainage area to a specific design point. . _ , , �, , , ! ���:! R + i 1 � t. " �. ^ ' . � ! : ., � • _, a��. � rr ��♦ � , � � - * . * . . . � , + r - -■ ���• ;• Townhou�e: See "Dwelling, Townhouse." i'awnlxause, Fee Si �le: See "Dwe � g, townhouse, fee simple." � Subchapter 23 .......................... ......... ......... ......... .........................,............... .. ..., . . . ...,. .... .............................,...,.....,.,...........,.... .......:. Development Code Taxic and Noxious Matter: Any solid, liquid ox gaseous matter which is present in sufficient quantsties to endanger health, safety and comfoxt of persons in the vic� �ty ox which may cause injury or damage to property. Trafitc I pact alysis: t1 study performed by a registexed traffic en � eer analyzing the � pacts of the expected traffic generated by a development on the e�sting an proposed road system inclu � g recommendations for mitigating such traffic. Trailer: A non-motorized vehicle, pulled by an automobile or truck designed or m' tained for use as a tempoxary dwelling ox sleeping place for travel or recxeation purposes exclusively. � Transfer Station: A temporary stoYage facility fox the consolidation and eventual transfer of solid waste to a landfiil. Tree ProYeciion, I'er anent: Structuxal measures, such as reta' � g walls�wells ar aeration devices, that are designed ta protect the tree and its xoot systems throughout its lifetime. Tree Protection, 'Te parary: Physical barxiers installed prior to anp clearing and gra ' g activiry 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. .; . � . - .. , 'I°ree °Y'apping: The severe cutting back of ' bs to stubs larger than thiee inches in diameter wit � tlxe tree's crown to such a degree that xemoval of the top canopy disfigures and invites prabable disease ox death to the tree. Tree tapping is prohibited. � . � • • r r, � r� � , - M � r • • � � . - � • .: � �� • M �� � •�'.f �... �:f � t; . ' � � .. � " i � i • R . .. Undetbrus�; Underbt-ush may include plant specie with stems of less than 1 inch DBH that are noxious, non- native, or invasive weeds os specie that are categorized as perennials, vines, shiuUs, ar that bear thorns or are briars, or that are poisonous thxough cantact with the skin, ar any plant on the non-protected plant specie list. Undev�loped Flaodplains: Areas within the FE11�It1 10d-year floodplain, or other floodplain that is undeveloped and in its natural state. � � � � . - • _ �; _ � - - r - � �: s � r - L1se: The purpose or purpases for which land ox a structure is designed, arranged, or intended, or to which sixch Iand or structure is occupied, maintained, or leased. Vegeiatiaa: All piant life; howevex, for the purposes af this Chaptex 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 fox the tempoxary boarding and treatment of domestic a' als, opexated under the supervision of a licensed veterinarian. Vehicle Repair; tl business providing vehicie repair and or bodywork to the motoring public. Vibration: A periadic displacement of the earth measured in inches. ; � - . . . . ., � � r a- �r •, � _t, � - - � �! � • r- �� • � , � - �... � ' " .. _ . � � � ,. • � ,',. � M ,. . { . .. ,. ♦ � � ' � ... .. � .. *. 268 Subchapt�r 23 ,a ............ . ................ ......................... ..........�........,... ......... ......... ......... � Dev�lopment Code sides. e�e the lot lines ox intexsections have rounded corners, the lot lines will be extended in a stxaight line to a point of intersection. ater elate ab�eats: Axeas designated for wedand, txee and understory preservation and includ'sng si �ficant staiids of predo � ateiy native water related habitat. These areas include wetlands. aterbady: tlrea that in a normal year has water flo g or stan � g above ground to the extent th�t evidence of an or ' ary high water mark is established. Wetlaiids contiguous to the watexbody are considered part of the waterbody. -� . . a • � + . � : � _ _ . � _ ., _ * � . a; - � - � � r�� �- - �.� �- _ + • � � • • •« � • r�� � r � �r : - � � � � • • • ■ r a `+ •, + * ' *- r • . ,� .,. ! ■ ',. ► �.. � � # M �: ! i * �r # ' - i R ' ' � � ! � * s . Whole§ale Sal�s: A business eixgaged in the sale of commodities in large quantities for resale pui�oses. olesale Starage and istributioax: The storage �end distribution of goods and mexchandise produced ox manufactuYed off-pzemises for later shipinent to zetail oz wholesale distributaxs. Yard: A required open space located on the same Iot as the principal stxiicture, unoccupied and unobstxucted except for accessory uses and landscaping. Yard, Front: A yard extended across the full wic�th of and situated between the front lot line and the principal structure line projected to the side lines of the loty the depth of which shall be the least horizontal distance between the front lot line and the structure line. ITa�rd, Re�r: A yard extencting across the full width af the lot between the rearmost line of the principal structure pxo�ected to the side lines of the lot and the rear lot line, the depth of which shalt be the least horizontal distance bet�veen the rear line of the principal structure and the xear lot line. In all cases, the rear yaxd shall be at the opposite end of the lot from the front yard. T'atd, Sici�a A yard between the principal structure and the side lot line, exten � g from the front yaxd to the rear yard. The width of the required side yard shall be rneasured ho�izontally fsom the nearest point of the side lot line to the principal struct,zre. A cornex iot shall have ot�e front yaxd and one side yasd. .*