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2000-044 NO e0o-0 at AN O ANCE C 'TER t.E CO=E O * CES CITY OF DENTON TO ~D ~TICLE XI "FRY ST~ET OVE~AY ZON~G DIST~CT' A~ ~E~G THE ZO~G M~ OF THE CITY OF DENTON, TEXAS, AS S~E WAS ~OPTED AS ~ ~PE~ TO THE CODE OF O~ANCES OF T~ CITY OF DENTON, TEXAS BY O~CE NO 69-1, AS ~E~ED SAID M~ ~PLY~G TO 12 42 AG~S OF L~ AS IS MO~ P~TIC~Y DESC~BED HE~, TO PROVIDE FOR THE C~ATION OF A SPECI~ ZO~G OVE~AY DIST~CT ~ ACCO~CE ~TH THE PROVISIONS OF THE CODE OF O~CES, S~D DIST~CT TO BE ~O~ AS THE FRY ST~ET DIST~CT, PROVID~G FOR A PEN~TY ~ THE M~ ~O~T OF $2000 00 FOR VIOLATION THE~OF, PROVID~G A SEVE~ILITY CLAUSE, A~ PROVID~G FOR AN EFFECTWE DATE ~E~AS, on J~u~ 12, 2000, ~e Plying ~d Zomng Co~ss~on, after rewew of the FU S~eet Sm~l ~ea Pl~, held a pubhc hemng ~ereon, ~d recommended the creation of ~ overlay zomng &smct to be called ~e F~ S~eet D~smct, ~d ~E~AS, on Febm~ l, 2000, the Cay Co.ell, a~ rewewmg ~e F~ Street Small Mca PI~, ~d reco~endatlon ~ereof by the Plying ~d Zomng Commiss~on, held a pubhc hemng on ~e creation of the proposed F~ Street D~smct, ~d ~E~AS, ~e City of Denton reco~lzes the ~mpon~t role that ~e F~ S~eet ~ea plays m ~e eo~lty as well as m ~e hves of m~y college students, ~d ~E~AS, ~e overlay zonmg &sWlct for the F~ S~eet Dlsmct ~d ~e regulations contmned h~em ~e dest~ed to aid in redevelopment ~d rewtahzaUon ~at ~s compaUble w~ ~d will se~e to prese~e the umque eh~aeter m ~e FU Street Mca, ~d ~AS, the City Co~efl of the CaW of Denton hereby finds ~at ~e creaUon of ~ overlay zomng &smet for ~e F~ S~eet Dls~ct as prowded herem is m ~e pubhc interest, NOW, THE~FO~, THE CITY CO~CIL OF THE CITY OF DENTON HE.BY O~A~S ~ Chapter 35 of the Code of Or&n~ces of ~e Cay of Denton is hereby mended to add ~lcle ~ so as to rem m its enUrety as follows ~TICLE ~. FRY ST~ET ZONING OVE~AY DIST~CT Sec. 35-411 F~ Street District Established. There is hereby established a special zomng overlay dlsmct to be ~own as ~c F~ S~cct Dlsmct The F~ S~eet Dls~ct is defined ~ that ~ea approximately 12 42 acres m size w~ch is bounded by Welch S~cet to thc east, O~ Street to thc No~h, Ave B to thc no~hwest, Ave A to the southwest, Mulberry Street to the south, and Hickory to the southwest The Fry Street D~stnct ~s also depleted on Exhibit "A", attached hereto and incorporated herein by reference The zomng map of the City of Denton, Texas, adopted on the 14th day of January 1969, as an appendix to the Code of Ordinances of the C~ty of Denton, Texas, under ordinance 69-1, as amended, ~s hereby further amended to show the property hereto described as the Fry Street District to be a specml or small area d~stnct, by showing thereon the suffix "FS" for such thstnct designation, wlueh designation shall be ~n addition to any other zomng classification designated for smd property as shown thereon All bmldmgs, structures, s~tes, and properties within the designated thstnet shall be subject to the restrictions, hm~tatlons, and provas~ons of the Fry Street D~stnct regulations as prowded for m this article Sec. 35-412. Purpose and Intent. The purpose and intent of this article ~s to ensure public peace, safety, cleanhness, and general welfare for commumty members and patrons of the Fry Street D~stnct, by prowdmg for regulations on off-street and remote parking, the location of solid waste eontmners, and the regulation of s~gns, setbacks, and res~dentml & commercial density Sec. 35-413. Short T~tle. This article may be e~ted as the Fry Street D~stnct Regulations Sec 35-414. Off-Street Parking. The provisions of section 35-301 of the Code of Ordinances of the City of Denton shall apply to the Fry Street D~stnct, except as modified as follows a Remote parktng Remote off-street parking to serve a budding or use wltban the Fry Street D~stnet may be provided on a tract or parcel of land other than on which the braiding or use being served is located, prowded that the required off- street parkang space shall be within one thousand (1,000) feet of the budding or use being served and shall prowde convement pedestrian access to the budding or use being served b Non-restdentlal, tncludtng restaurant, retad, prtvate club, on-premtses sale of beer and/or wtne One space for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under maximum seating arrangements, whichever ~s greater e Multt-famdy restdenttal Multi-family residential development shall be reqmred to prowde parking according to the following schedule 1 Efficiency un,ts one and one-fourth (1 25) space 2 Umts with 1 bedroom one and one-half (1 50) space 3 Umts w~th 2 or more bedrooms one space for each bedroom Page 2 of 6 d Fratermttes, Sorortttes, Boardmg and Lodgtng Houses One (1) space for each bedroom Sec. 35-415. Area and Height Requirements. The provisions of section 35-91 of the Code of Ordinances of the C~ty of Denton shall apply to the Fry Street Dmtnct, except as modffied as follows a Mtntmum lot area 1 Residential uses 6,000 square feet 2 Non-resMentml uses No m~mmum lot area 3 M~xed uses, including res~dentml No mlmmum lot area b Minimum lot depth 1 Res~dentml uses 100 feet c Mtmmum lot width 1 Res~dentml uses 60 feet d Maxtmum bud&ng coverage 1 Res~dentml uses 50% 2 Non-resldonUal uses 100% 3 M~xed-uses that include residences 80% e Floor/Area Ratto 1 Res~dentml uses 3 1 2 Non-ResMentml uses 2 1 3 M~xed-uses that include resldentml 3 1, prowded that resldenUal comprise the top story of any structure f Required Yards 1 Res~dentml uses Front M~mmurn of 30 feet from centerhne of street S~de No required yard Rear Mlmmum of 10 feet 1 Non-Res~denUal uses Front M~mmum of 30 feet from centeflme of street S~de No reqmred yard Rear No required yard 1 M~xed-uses that include residenUal Page 3 of 6 Front M~mmum of 30 feet from centerlme of street Side No reqmred yard Rear Mmamum of 10 feet for any floor that ancludes resadences g Height Regulattons No structure may exceed 3 stones Overall bmldang heaght, mcludmg HVAC equipment, roof systems, vent stacks, chimneys, etc, may not exceed 45 feet m heaght h Restdenttal denstttes The maxamum number of apartment umts that can be constructed on a sate, whale observang regulations mcludang floor area ratio, bmld~ng coverage, parkang, heaght and setbacks, shall require a m~mmmn land area an accordance wath the followmg schedule 1 Efficiency 1,000 square feet 2 One bedroom apartment 1,200 square feet 3 Each addat~onal bedroom per apartment 300 square feet Sec 35-416. Multl-FamflyUses Multa-famfly resadentaal uses shall be allowed w~thm any zomng dastnct wathm the Fry Street Dastnct Sec. 35-417. Solid Waste Containers. a) Location Sohd waste eontmners an the Fry Street Dastnct shall be located off the street in a eentrahzed locatmn, to the rear of a braiding served by the contmner, and shall be screened wath devines made of masonry or wood b) Consohdatton Consohdatmn of containers ~s reqmred of every owner, occupant, tenant, or lessee of any business, commercml, or mstatutaonal property, or other property not entatled to resadentml sohd waste collection servme Each owner, occupant, tenant, or lessee of any busaness, commercial, or institutional property shall arrange, by contract wath the e~ty, eommereml sohd waste eollectaon and dasposal servaces from the city's sohd waste d~wsmn, except as other, vase specafied in Chapter 24 of the Code of Ordinances of the Caty of Denton, Texas c) Other provtstons All service charges and container regulations shall comply wath Chapter 24 of the Code of Ordinances of the City of Denton Sec 354418 Sign Regulations. The provasmns of Chapter 33 of the Code of Ordinances of the CaW of Denton, shall apply, except as follows Page 4 of 6 a Prohtbtted stgns Ground and monument signs shall not be permitted within the District b Allowed stgns 1 Non-Residential All non-residential signs in the Fry Street District shall be wall signs, mounted parallel with, not perpandieular to, the face of the wall upon which the sign is secured 2 Residential All residential signs in the Fry Street Dlsmct shall be wall mounted signs, mounted parallel with, not perpendicular to, the face of the wall upon winch the sign is secured Signs shall be limited to the purpose of indicating the name of the residential development (apartment, condomlmum, ere ) or for mformaUonal or regulatory purposes 3 Mixed-uses that include residential Wall signs shall be allowed only on those stories of a bmlding that include non-residential uses Sec. 35-419. Conflict with Other Regulations. To the extent the provisions of this article conflict with any other ordinances of the City of Denton, the provisions of this article shall control All provisions of other City of Denton ordmanees not in conflict with this article shall remain in full force and effect ~ If any provisions of any section of this ordinance shall be held to be void or unconStatuUonal, such holding shall m no way effect the vahdity of the remaining provlszons or sections of tins ordinance, which shall remain m full force and effect ~ Any person violating any provision of this ordinance shall, upon convmtlon, be fined a sum not exceedmg $2000 00 Each day that a provision of tins ordinance is violated shall constitute a separate and distinct offense ~ That this ordinance shall become effective fourteen (14) days from the date of its paasage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Reeord-Chromcle, the official newspaper of the City of Denton, Texas within ten (10) days of the date or,ts passage PASSED AND APPROVED this the - day of ~ff~f~, ,2000 Page 5 of 6 ATTEST JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By Page 6 of 6 EXHIBIT A