Denison City Zoning Code
ARTICLE III.
ZONING DISTRICTS
Sec. 28.17. - Zoning districts established.
28.17.1 The City of Denison, Texas is hereby divided into the following zoning districts. The use, height, area regulations, and other standards, as set out herein apply to each district. The districts established herein shall be known as:
28.17.2 A summary of the area regulations for the following zoning districts is included within Appendix A.
28.17.3 Certain terms and definitions used within this chapter can be found in section 28.63.
28.17.4 All appendices are hereby incorporated by reference.
Sec. 28.18. - A—Agricultural District.
28.18.1. General purpose and description:
This district is primarily to accommodate agricultural uses, such as the keeping of livestock, and such incidental uses necessary for agricultural uses in addition to some limited single-family residential detached uses. A minimum of one (1) acre is required for lots located within an "A" zoning district.
Those uses listed for the A—Agricultural District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Three (3) stories, but not to exceed forty-five (45) feet for the main building/house.
B.
Forty-five (45) feet for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred (100) feet from any residential structure on the premises, and they are set back at least one hundred (100) feet or three (3) times their height (whichever is greater) from any front, side or rear property line.
C.
Twenty-five (25) feet for other accessory buildings, including detached garage, garden shed, etc.
D.
Other requirements (see article V).
A.
Size of lots (existing):
Standard lots:
1.
Minimum lot area—One (1) acre.
2.
Minimum lot width—One hundred (100) feet.
3.
Minimum lot depth—One hundred fifty (150) feet.
B.
Size of lots:
1.
Standard lots:
a.
Minimum lot area—One (1) acre (43,560 square feet).
b.
Minimum lot width—Three hundred (300) feet at the front property line.
c.
Minimum lot depth—Three hundred (300) feet.
d.
Average lot depth—Lots shall maintain an average lot depth that is not less than two (2) times the lot width as measured at the front property line.
2.
Flag lots/panhandle lots:
a.
Minimum lot area—One (1) acre (43,560 square feet) for that portion of the lot located outside of the narrow "flag" or "panhandle" portion that extends from the right-of-way.
b.
Minimum lot width—One hundred (100) feet at the right-of-way and three hundred (300) feet at the front building line.
c.
Minimum lot depth—Three hundred (300) feet for that portion of the lot located outside of the narrow "flag" or "panhandle" portion that extends from the right-of-way.
d.
Average lot depth—Lots shall maintain an average lot depth that is not less than two (2) times the lot width as measured at the front building line for that portion of the lot located outside of the narrow "flag" or "panhandle" portion that extends from the right-of-way.
e.
Maximum length of "flag" or "panhandle" portion of lot—The narrow portion of a "flag" or "panhandle lot" that extends from the right-of-way shall not exceed nine hundred (900) feet as measured perpendicular to the front property line.
C.
Size of yards:
1.
Minimum front yard—Thirty-five (35) feet.
2.
Minimum side yard—Fifteen (15) feet; twenty (20) feet from a street right-of-way line along a local street or collector street as designated on the City of Denison Thoroughfare Plan, as amended; twenty-five (25) feet from a street right-of-way line for an arterial street as designated on the City of Denison Thoroughfare Plan; fifty (50) feet from a street right-of-way line for a key corner lot.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
4.
Garages—Garage entries for automobiles shall not be located nearer than twenty-four (24) feet to a street right-of-way or the minimum side yard or rear yard setbacks, whichever is greater.
D.
Maximum lot coverage: Fifteen (15) percent for main buildings and accessory buildings.
E.
Parking regulations:
1.
Single-family dwelling unit—A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of fifty (50) feet as measured from the street right-of-way line.
2.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
3.
All vehicular parking shall be on an improved, paved surface.
F.
Minimum floor area per dwelling unit: One thousand (1,000) square feet.
G.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction (see section 28.54).
28.18.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
C.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
D.
Swimming pools (see article V).
E.
Site plan approval (see section 28.13) shall be required for any nonresidential use in the A District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
F.
Other regulations: As established by article V.
Sec. 28.20. - RD—Rural Development District.
28.20.1. General purpose and description:
This district is for the development of semi-rural, low density, single-family residential detached development at a maximum density of one (1.0) dwelling unit per four (4) acres. This district will provide for the clustering of homes on lots of not less than twelve thousand (12,000) square foot lots in area provided that open spaces are preserved. Appropriate open spaces would preserve rural landscape character, natural resource areas, and other large areas of open land, while permitting residential development in an open space setting, located and designed to reduce the perceived intensity of development and provide privacy for dwellings. Specific objectives are as follows:
A.
To maintain and protect the natural environment of the city's existing rural areas by preserving important landscape elements, including those areas containing unique and environmentally sensitive natural features such as woodlands, hedgerows, stream corridors, wetlands, floodplains, ridge tops, steep slopes, critical species habitat, and natural areas by setting them aside from development. Such areas designated for Type A Residential Development by the City of Denison Future Land Use Plan, are of particular significance for conservation.
B.
To preserve scenic views and to minimize views of new development from existing streets.
C.
To provide for the unified and planned development of parcels thirty-five (35) acres or larger in size for clustered, single-family, low density residential uses, incorporating large areas of permanently protected common open space.
D.
To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of rural landscape elements, scenic quality, and overall aesthetic value of the landscape.
E.
To increase flexibility and efficiency in the siting of services and infrastructure, by reducing street length, utility requirements, drainage requirements, and the amount of paving required for residential development, where possible.
F.
To create groups of dwellings with direct visual and physical access to common open space.
G.
To permit active and passive recreational use of common open space by residents of a cluster development or by the public.
H.
To reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes.
I.
To allow for the continuation of agricultural uses in those areas best suited for such activities and when such activities are compatible with adjoining residential uses.
J.
To permit various means for owning common open space and for protecting it from development in perpetuity.
K.
To create an attitude of stewardship, or caring, for the land within common open space by requiring a land management, or stewardship, plan for the common open space.
L.
To implement the objectives of the adopted city comprehensive plan, or elements thereof.
Those uses listed for the RD District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Three (3) stories, or forty-five (45) feet for the main building/house.
B.
Forty-five (45) feet for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred (100) feet from any residential structure on the premises, and they are set back at least one hundred (100) feet or three (3) times their height (whichever is greater) from any front, side or rear property line.
C.
One (1) story, or twelve (12) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
D.
Other requirements (see article V).
A.
Minimum standards:
a Existing dwellings that will remain on the site shall be included in the calculation of maximum density.
b For an existing farmstead on a parcel used for cluster development, the minimum lot area shall be four (4) acres or a lot large enough to accommodate all structures within a building envelope created by a hundred-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to two hundred (200) feet.
c Accessory buildings shall not be permitted within the front yard.
B.
Garages: Garage entries for automobiles shall not be located nearer than twenty-four (24) feet to a street right-of-way or the minimum side yard or rear yard setbacks, whichever is greater.
C.
Parking regulations:
1.
Single-family dwelling unit—A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of twenty-five (25) feet as measured from the street right-of-way line.
2.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
D.
Minimum floor area per dwelling unit: One thousand seven hundred (1,700) square feet.
E.
Minimum exterior construction standards Seventy-five (75) percent standard masonry construction (see section 28.54).
28.20.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of three (3) or more acres.
C.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
D.
Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five (25) feet from the door face of the garage or carport to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be twenty-five (25) feet.
E.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
F.
Swimming pools (see article V).
G.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the RD District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
H.
Cluster developments: An application for a clustered development in the RD District shall be prepared and processed as a cluster development plan in accordance with section 28.12 and shall be consistent with the standards specified in subsection 28.20.4.A.
I.
Other regulations—As established by article V.
Sec. 28.21. - SF-20—Single-Family Residential District.
28.21.1. General purpose and description:
This district is for the development of medium density, single-family residential detached development on a minimum lot size of twenty thousand (20,000) square feet.
Those uses listed for the SF-20 District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two and one-half (2½) stories, but not to exceed thirty-five (35) feet for the main building/house.
B.
One (1) story, or twelve (12) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
C.
Other requirements (see article V).
A.
Size of lots:
1.
Minimum lot area—Twenty thousand (20,000) square feet.
2.
Minimum lot width—One hundred (100) feet.
3.
Minimum lot depth—One hundred fifty (150) feet.
B.
Size of yards:
1.
Minimum front yard:
a.
Twenty (20) feet.
b.
For front entry garages, the minimum setback for the face of the garage door is twenty-five (25) feet, and in no instance shall the face of the garage door extend beyond the main portion of the dwelling unit.
c.
A non-enclosed front porch, open on three (3) sides may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the porch has a minimum depth of seven (7) feet, measured from stud to the edge of the porch, and a minimum width of ten (10) feet.
d.
A one-story "J-swing" in garage may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the wall of the garage that faces the street contains a functioning or non-functioning window with glass panes and/or shutters, of a minimum size of three (3) feet by five (5) feet.
2.
Minimum side yard—Ten (10) percent of the lot width but need not exceed fifteen (15) feet for an interior side yard; twenty (20) feet from a street right-of-way line for a corner lot on a residential or collector street; twenty (20) feet for a corner lot on an arterial street; thirty (30) feet from a street right-of-way line for a key corner lot.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
C.
Maximum lot coverage: Thirty-five (35) percent including main buildings and accessory buildings.
D.
Parking regulations:
1.
Single-family dwelling unit—A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway (all concrete or a similar paved surface such as turf pavers, brick pavers or asphalt).
2.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
3.
Garages:
a.
The face of garage doors shall not be located nearer than twenty-five (25) feet to a street right-of-way.
b.
Garage doors directly facing a street shall not comprise more than fifty (50) percent of the width of the front façade of a house.
c.
Where a house has three (3) or more garage/enclosed parking spaces, no more than two (2) single garage doors or one (1) double garage door shall face the street, unless the garage(s) is located behind the main structure.
4.
Maximum paving in the front yard—A maximum of fifty (50) percent of the area between the front face of the main structure and the street right-of-way may be paved with concrete, asphalt, turf pavers, brick pavers or similar materials. The area subject to this limitation is shown in Appendix Illustration #15.
E.
Minimum floor area per dwelling unit: One thousand two hundred fifty (1,250) square feet.
F.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction (see section 28.54).
28.21.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
C.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
D.
Swimming pools (see article V).
E.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-20 District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
F.
Other regulations: As established by article V.
(Ord. No. 4870, § 3, 5-1-17; Ord. No. 5232, §§ 4—6, 9-19-22; Ord. No. 5245, § 3, 11-7-22)
Sec. 28.22. - SF-10—Single-Family Residential District.
28.22.1. General purpose and description:
The SF-10, Single-Family Residential District is intended to provide for development of primarily medium-density, detached, single-family residences on lots of not less than ten thousand (10,000) square feet in size, churches, schools and public parks in logical neighborhood units. Areas zoned for the SF-10 District shall have, or shall make provision for, City of Denison water and sewer services. They shall be designed to adequately accommodate storm drainage; with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
Those uses listed for the SF-10 District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two and one-half (2½) stories, or thirty-five (35) feet for the main building/house.
B.
One (1) story, or twelve (12) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
C.
Other requirements (see article V).
A.
Size of lots:
1.
Minimum lot area—Ten thousand (10,000) square feet.
2.
Minimum lot width—Eighty (80) feet.
3.
Minimum lot depth—One hundred (100) feet.
B.
Size of yards:
1.
Minimum front yard:
a.
Twenty (20) feet.
b.
For front entry garages, the minimum setback for the face of the garage door is twenty-five (25) feet, and in no instance shall the face of the garage door extend beyond the main portion of the dwelling unit.
c.
A non-enclosed front porch, open on three (3) sides may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the porch has a minimum depth of seven (7) feet, measured from stud to the edge of the porch, and a minimum width of ten (10) feet.
d.
A one-story "J-swing" in garage may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the wall of the garage that faces the street contains a functioning or non-functioning window with glass panes and/or shutters, of a minimum size of three (3) feet by five (5) feet.
2.
Minimum side yard—Ten (10) percent of the lot width but need not exceed twelve feet (12) for an interior side yard; fifteen (15) feet from a street right-of-way line for a corner lot on a residential or collector street; twenty (20) feet for a corner lot on an arterial street; thirty (30) feet from a street right-of-way line for a key corner lot.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
C.
Maximum lot coverage: Thirty-five (35) percent including main buildings and accessory buildings
D.
Parking regulations:
1.
Single-family dwelling unit—A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway (all concrete or a similar paved surface such as turf pavers, brick pavers or asphalt).
2.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
3.
Garages:
a.
The face of garage doors shall not be located nearer than twenty-five (25) feet to a street right-of-way.
b.
Garage doors directly facing a street shall not comprise more than fifty (50) percent of the width of the front façade of a house.
c.
Where a house has three (3) or more garage/enclosed parking spaces, no more than two (2) single garage doors or one (1) double garage door shall face the street, unless the garage(s) is located behind the main structure.
4.
Maximum paving in the front yard—A maximum of fifty (50) percent of the area between the front face of the main structure and the street right-of-way may be paved with concrete, asphalt, turf pavers, brick pavers or similar materials. The area subject to this limitation is shown in Appendix Illustration #15.
E.
Minimum floor area per dwelling unit: One thousand two hundred fifty (1,250) square feet.
F.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction (see section 28.54).
28.22.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
C.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
D.
Swimming pools (see article V).
E.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-10 District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
F.
Other regulations: As established by article V.
(Ord. No. 4870, § 3, 5-1-17; Ord. No. 5232, §§ 7—9, 9-19-22; Ord. No. 5245, § 4, 11-7-22)
Sec. 28.23. - SF-7.5—Single-Family Residential District.
28.23.1. General purpose and description:
This district is for an urban style of single-family detached uses on a minimum lot size of seven thousand five hundred (7,500) square feet.
Those uses listed for the SF-7.5 District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two and one-half (2½) stories, but not to exceed thirty-five (35) feet for the main building/house.
B.
One (1) story, but not to exceed eighteen (18) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
C.
Other requirements: In addition to other applicable ordinance regulations, article V regulations shall apply.
A.
Size of lots:
1.
Minimum lot area—Seven thousand five hundred (7,500) square feet.
2.
Minimum lot width—Sixty (60) feet.
3.
Minimum lot depth—One hundred (100) feet.
B.
Size of yards:
1.
Minimum front yard:
a.
Twenty (20) feet.
b.
For front entry garages, the minimum setback for the face of the garage door is twenty-five (25) feet, and in no instance shall the face of the garage door extend beyond the main portion of the dwelling unit.
c.
A non-enclosed front porch, open on three (3) sides may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the porch has a minimum depth of seven (7) feet, measured from stud to the edge of the porch, and a minimum width of ten (10) feet.
d.
A one-story "J-swing" in garage may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the wall of the garage that faces the street contains a functioning or non-functioning window with glass panes and/or shutters, of a minimum size of three (3) feet by five (5) feet.
2.
Minimum side yard—Ten (10) percent of the lot width but need not exceed eight (8) feet for an interior side yard; fifteen (15) feet from a street right-of-way line for a corner lot on a residential or collector street; twenty (20) feet for a corner lot on an arterial street; thirty (30) feet from a street right-of-way line for a key corner lot.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet from the rear property line.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line. (See appendix: A Illustrations - Illustration #8)
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
C.
Maximum lot coverage: Fifty (50) percent including main buildings and accessory buildings.
D.
Parking regulations:
1.
Single-family dwelling unit— A minimum total of four (4) paved parking spaces shall be required for each dwelling unit. A minimum of two (2) enclosed parking spaces shall be located behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces shall also be located on a paved driveway on the same lot as the main structure (all concrete or a similar solid paved surface such as turf pavers, brick pavers or asphalt).
2.
Other—In addition to other applicable ordinance regulations section 28.50, Off-Street Parking and Loading Regulations shall apply.
3.
Garages:
a.
The face of garage doors shall not be located nearer than twenty-five (25) feet to a street right-of-way.
b.
Garage doors directly facing a street shall not comprise more than fifty (50) percent of the width of the front façade of a house.
c.
Where a house has three (3) or more garage/enclosed parking spaces, no more than two (2) single garage doors or one (1) double garage door shall face the street, unless the garage(s) is located behind the main structure.
4.
Maximum paving in the front yard—A maximum of fifty (50) percent of the area between the front face of the main structure and the street right-of-way may be paved with concrete, asphalt, turf pavers, brick pavers or similar materials. The area subject to this limitation is shown in Appendix Illustration #15.
E.
Minimum floor area: One thousand two hundred (1,200) square feet
F.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction, exterior walls (building "faces") (excluding doors and windows) shall be finished with masonry-brick, stone, synthetic stone, cast stone, cultured stone products or stucco in accordance with section 28.54. Hardie board or cementitious fiber board shall be allowed but may not be counted toward the seventy-five (75) percent standard masonry construction requirement for all elevations, but may be used along with, wood or Smartside siding or equivalent engineered siding for the remaining twenty-five (25) percent of the exterior walls (building "faces") (excluding doors and windows). Metal exterior construction for the primary structure is prohibited in the SF-7.5 Zoning District. Masonite and similar products are prohibited as exterior building materials.
28.23.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
C.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
D.
Swimming pools (see article V).
E.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-7.5 District. Any nonresidential land use which may be permitted in this district shall conform to the "NS—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
F.
Roofs. Stone coated steel roofing systems equivalent to Decra or Gerard with a minimum of twenty-six (26) gauge and/or Standing Seam or equivalent interlocking metal roof panels that do not have exposed screws or grommets with painted factory finish guaranteed for a minimum of twenty (20) years in a color compatible with the surrounding residential roofs- Colors shall include Galvalume (Matte Finish/non-reflective), pewter, burnished slate, ivy green, light stone and copper (Matte Finish/non-reflective) and similar earth tones are allowed. Roofs with Bright colors such as bright red, neon, and similar colors or reflective or shiny finishes are prohibited.
G.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
(Ord. No. 4820, § 2(2.01—2.03), 7-18-16; Ord. No. 4841, § 2(2.01), 10-3-16; Ord. No. 4870, § 3, 5-1-17; Ord. No. 5232, §§ 10—12, 9-19-22; Ord. No. 5245, § 5, 11-7-22)
Sec. 28.24. - SF-5—Single-Family Residential District.
28.24.1. General purpose and description:
This district is for an urban style of single-family detached uses on a minimum lot size of five thousand (5,000) square feet. This district will remain consistent with that of the existing zoning standards.
Those uses listed for the SF-5 District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two and one-half (2½) stories, but not to exceed thirty-five (35) feet for the main building/house.
B.
One (1) story, but not to exceed eighteen (18) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
C.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
A.
Size of lots:
1.
Minimum lot area—Five thousand (5,000) square feet.
2.
Minimum lot width—Fifty (50) feet.
3.
Minimum lot depth—One hundred (100) feet.
B.
Size of yards:
1.
Minimum front yard:
a.
Twenty (20) feet.
b.
For front entry garages, the minimum setback for the face of the garage door is twenty-five (25) feet, and in no instance shall the face of the garage door extend beyond the main portion of the dwelling unit.
c.
A non-enclosed front porch, open on three (3) sides may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the porch has a minimum depth of seven (7) feet, measured from stud to the edge of the porch, and a minimum width of ten (10) feet.
d.
A one-story "J-swing" in garage may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the wall of the garage that faces the street contains a functioning or non-functioning window with glass panes and/or shutters, of a minimum size of three (3) feet by five (5) feet.
2.
Minimum side yard:
a.
Except as noted in 2.b. below, ten (10) percent of lot width but need not exceed six (6) feet for an interior side yard; fifteen (15) feet from a street right-of-way line for a corner lot on a residential or collector street; twenty (20) feet for a corner lot on an arterial street; thirty (30) feet from a street right-of-way line for a key corner lot.
b.
For platted corner lots that are no greater than fifty (50) feet in width, the minimum side yard setback shall be ten (10) feet.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet from rear property line.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line. (See Appendix: A Illustrations - Illustration #8)
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
C.
Maximum lot coverage: Fifty (50) percent including main buildings and accessory buildings.
D.
Parking regulations:
1.
Single-family dwelling unit—(New construction)—A minimum of two (2) paved parking spaces shall be required. A minimum of one (1) space shall be covered parking (garage or carport) and one (1) additional space may be open parking. All parking spaces shall consist of a paved driveway constructed completely of concrete or similar solid paved surface such as turf pavers, brick pavers, or asphalt. (July 18, 2016.)
(Existing residences)—A minimum of two (2) parking spaces on a paved driveway all concrete or similar solid paved surface such as turf pavers, brick pavers, or asphalt shall be required. (July 18, 2016.)
2.
Upon compliance with all requirements of section 28.24.4.D.1., additional parking may be provided in the rear yard. Such additional parking may have a drive/ parking area surface consisting of a minimum of three (3) inches of graded and compacted aggregate material. This is allowed only if the required solid paved parking requirements outlined in section 28.24.4 D.1. have been met.
3.
Other regulations: In addition to other applicable ordinance regulations, section 28.50, Off-Street Parking and Loading Regulations.
4.
Garages:
a.
The face of garage doors shall not be located nearer than twenty-five (25) feet to a street right-of-way. For corner lots, this distance may be reduced to twenty (20) feet for a garage entered from the side street.
b.
Garage doors directly facing a street shall not comprise more than fifty (50) percent of the width of the front façade of a house.
c.
Where a house has three (3) or more garage/enclosed parking spaces, no more than two (2) single garage doors or one (1) double garage door shall face the street, unless the garage(s) is located behind the main structure.
d.
Prefab metal carports or garages are prohibited with new residential construction.
e.
Prefab metal carports or garages up to a maximum of four hundred (400) square feet are allowed in the rear yard (past the mid-point of the lot) for existing residences. Carports shall be of similar color and architectural style as the existing structure on the property and also compatible with existing residential development in the neighborhood.
5.
Maximum paving in the front yard—A maximum of fifty (50) percent of the area between the front face of the main structure and the street right-of-way may be paved with concrete, asphalt, turf pavers, brick pavers or similar materials. The area subject to this limitation is shown in Appendix Illustration #15.
E.
Minimum floor area per dwelling unit: Nine hundred fifty (950) square feet.
F.
Minimum exterior construction standards: Metal exterior construction for a primary structure is prohibited in the SF-5 Zoning District. All exterior walls (building "faces") (excluding doors and windows) of a structure shall be finished with Hardie board or cementitious fiber board siding, Smartside siding or equivalent engineered siding, wood or standard masonry construction. Masonite and similar products are prohibited as exterior building materials.
28.24.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
C.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
D.
Swimming pools (see article V).
E.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-5 District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
F.
Roofs. Stone coated steel roofing systems equivalent to Decra TM or Gerard TM with a minimum of 26 gauge and/or standing seam or equivalent interlocking metal roof panels that do not have exposed screws or grommets with painted factory finish guaranteed for a minimum of twenty (20) years in a color compatible with the surrounding residential roofs- Colors shall include Galvalume (matte finish/non-reflective), pewter, burnished slate, ivy green, light stone and copper (matte finish/non-reflective) are allowed. Roofs with Bright colors such as bright red, neon, and similar colors or reflective or shiny finishes are prohibited.
G.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
(Ord. No. 4820, § 2(2.04, 2.05), 7-18-16; Ord. No. 4841, § 2(2.02), 10-3-16; Ord. No. 4870, § 3, 5-1-17; Ord. No. 5232, §§ 13—16, 9-19-22; Ord. No. 5245, § 6, 11-7-22)
Sec. 28.25. - SF-PH—Single-Family Residential District—Patio homes.
28.25.1. General purpose and description:
This district is intended primarily for a patio home or "zero lot line" style of development. Minimum lot sizes would be five thousand (5,000) square feet per residential unit. A minimum separation of ten (10) feet would be maintained between structures. Zoning provisions would also limit the size of an SF-PH zoned area and would establish minimum separation standards between SF-PH Districts/areas. A site plan would be required for this district.
Those uses listed for the SF-PH District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two and one-half (2½) stories, but not to exceed thirty-five (35) feet for the main building/house.
B.
One (1) story, but not to exceed eighteen (18) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
C.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
A.
Size of lots:
1.
Minimum lot area—Five thousand (5,000) square feet.
2.
Minimum lot width—Forty (40) feet.
3.
Minimum lot depth—One hundred (100) feet.
B.
Size of yards:
1.
Minimum front yard:
a.
Twenty (20) feet.
b.
A non-enclosed front porch, open on three (3) sides may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the porch has a minimum depth of seven (7) feet, measured from stud to the edge of the porch, and a minimum width of ten (10) feet.
c.
Reserved.
d.
A one-story "J-swing" in garage may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the wall of the garage that faces the street contains a functioning or non-functioning window with glass panes and/or shutters, of a minimum size of three (3) feet by five (5) feet.
2.
Minimum side yard—One side reduced to zero feet; other side yard a minimum of ten (10) feet required with primary structures being located no closer than ten (10) feet to another primary structure; fifteen (15) feet from a street right-of-way line for a corner lot.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet to the rear property line.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
C.
Maximum lot coverage: Seventy (70) percent including main buildings and accessory buildings.
D.
Parking regulations:
1.
Single-family dwelling unit—Two (2) enclosed parking spaces and two (2) paved driveway spaces are required and shall be accessed only from a rear alley. The paved driveway spaces shall be constructed of concrete or a similar solid paved surface such as turf pavers, brick pavers or asphalt. The driveway shall have a minimum length of twenty-five (25) feet as measured from the alley right-of-way line.
2.
Visitor parking—One-half (½) parking space per dwelling unit (off-street) that is located within six hundred (600) feet of the dwelling unit.
3.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
4.
[Garages]—Garages shall be accessed only from a rear alley in accordance with above-referenced subsection 28.25.4.D.1.
5.
Restricted paving in the front yard—Any type of paving for the purpose of accommodating off-street parking of vehicles in the front yard is prohibited.
E.
Minimum floor area per dwelling unit: Six hundred fifty (650) square feet.
F.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction (see section 28.54).
28.25.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
C.
Single-family homes with side-entry garages where lot frontage is only to one (1) street (not a corner lot) shall have a minimum setback of eighteen (18) feet from the door face of the garage or carport to the side property line to allow for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be eighteen (18) feet.
D.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
E.
Swimming pools (see article V).
F.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-PH District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
G.
Stone coated steel roofing systems equivalent to Decra or Gerard with a minimum of 26 gauge and/or standing seam or equivalent interlocking metal roof panels that do not have exposed screws or grommets with painted factory finish guaranteed for a minimum of twenty (20) years in a color compatible with the surrounding residential roofs—Colors shall include Galvalume (matte finish/non-reflective), pewter, burnished slate, ivy green, light stone and copper (matte finish/non-reflective) are allowed. Roofs with bright colors such as bright red, neon or similar colors or reflective or shiny finishes are prohibited.
H.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
(Ord. No. 4820, § 2(2.06—2.08), 7-18-16; Ord. No. 5232, §§ 17—19, 9-19-22; Ord. No. 5245, § 7, 11-7-22)
Sec. 28.26. - SF-TH—Single-Family Townhome District.
28.26.1. General purpose and description:
The Single Family Townhome District is intended for attached single-family residential developments in structures built to accommodate three (3) to eight (8) units per structure. Each residential unit shall be located on an individually platted lot. Since the development will have alley-served garages, a reduced front setback can be accommodated. Minimum standards include a minimum area of percent open space as defined below. Site plans shall be required with this district.
Those uses listed for the SF-TH District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height.
A.
Two and one-half (2½) stories but not to exceed thirty-five (35) feet for the townhome structure.
B.
One (1) story, but not to exceed eighteen (18) feet for other accessory buildings, including, gazebo, clubhouse, and mail kiosks, etc.
C.
Other requirements. Other regulations: In addition to other applicable ordinance regulations, section 28.42 shall apply.
A.
Size of lots:
1.
Minimum lot area—One thousand nine hundred eighty (1,980) square feet.
2.
Maximum density—Ten (10) units per gross acre of land area within the development.
3.
Minimum project size—The minimum area of a townhome development shall be five (5) acres.
4.
Minimum lot width—Twenty-two (22) feet.
5.
Minimum lot depth—Ninety (90) feet.
B.
Size of yards:
1.
Minimum front yard—Fifteen (15) feet for dwelling units; twenty-five (25) feet for any other structure.
2.
Minimum side yard:
a.
Attached townhome dwellings shall not have an interior side yard; however, a minimum twenty-five-foot side yard is required for a key corner lot, a minimum fifteen-foot side yard is required on a corner lot adjacent to a residential or collector street, and a minimum twenty-foot side yard is required for a corner lot adjacent to an arterial street.
b.
Minimum separation of twenty (20) feet between structures.
c.
A complex or continuous row of attached single-family dwellings shall have a minimum length of three (3) dwelling units, a maximum length of eight (8) dwelling units and shall not exceed two hundred eighty (280) feet in length.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet to the rear property line.
b.
The face of the garage door may be located a minimum of three (3) feet of the rear property line/alley right-of-way.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
C.
Each dwelling unit shall be located on a single, platted lot of record which fronts on a dedicated public street or an approved public access easement.
D.
Maximum lot coverage: Eight (80) percent for each lot containing a residential unit. Fifty (50) percent for all other structures on an individual lot.
E.
Parking regulations:
1.
A minimum of two (2) enclosed parking spaces for each dwelling unit, shall be located behind, beside or incorporated into the dwelling unit and accessed only from the rear via an alley and located on the same lot as each dwelling unit (see section 28.50, off-street parking and loading requirements).
2.
Designated visitor parking spaces shall be provided in off-street, common areas at a ratio of one (1) guest/visitor space per four (4) units.
3.
Additional parking shall be required for any recreational uses, clubhouse, office, sales offices, and other similar accessory structures and uses.
4.
All driveways and parking areas shall be concrete or a similar solid paved surface such as turf pavers, brick pavers or asphalt.
F.
Minimum floor area per dwelling unit: One thousand (1,000) square feet.
G.
Minimum exterior construction standards: See section 28.54 for exterior construction standards.
28.26.5. Special requirements:
A.
Usable open space requirements: Except as provided below, any townhome subdivision shall provide useable open space which equals or exceeds twenty (20) percent of the gross platted area, excluding rights-of-way for collector and larger-sized streets. Useable open space shall not be required for a SF-TH development if it contains twenty (20) or fewer lots and if the property is contiguous to or abuts a usable open space area adequate to serve the development. Said usable open space shall meet the criteria established in subsection 28.26.5.A. below. Properties that are separated by thoroughfares larger than a collector street and/or by drainage/utility easements in excess of sixty (60) feet in width shall not be considered as contiguous.
1.
Specific criteria for usable open space—Areas provided as usable open space shall meet the following criteria:
a.
All residential lots must be located within six hundred (600) feet of a usable open space area as measured along a street. The planning and zoning commission may recommend, and city council may allow this distance to be increased if the shape of the subdivision is irregular or if existing trees or other natural features on the site can be preserved by increasing the distance.
b.
Individual usable open space areas shall be at least twenty thousand (20,000) square feet in size. Useable open space shall be a minimum of fifty (50) feet wide and shall have no slope greater than ten (10) percent. At the time of site plan and subdivision plat approval, the planning and zoning commission may recommend, and the city council may allow full or partial credit for open areas that exceed the ten (10) percent maximum slope if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development and the surrounding area.
c.
Pools, tennis courts, walkways, patios, and similar outdoor amenities may be located within areas designated as useable open space. Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead electrical transmission lines, drainage channels, and antennas shall not be included in calculating useable open space.
d.
Within useable open space areas, there shall be at least one (1) large shade tree for every one thousand (1,000) square feet of space. New trees planted to meet this requirement shall be a minimum three-inch caliper, and at least twenty-five (25) percent of the trees shall be non deciduous (for qualifying tree species, see appendix C of this chapter for the city's recommended plant list).
e.
A useable open space area must have street frontage on at least thirty-three (33) percent of the area's perimeter to ensure that the area is accessible to residents of the subdivision.
f.
Useable open space areas must be easily viewed from adjacent streets and homes. Side or rear yard fences along common open space areas shall be of open, wrought iron design, and shall not exceed four (4) feet in height adjacent to the open space and for a distance of ten (10) feet perpendicular or radial to the open space area.
2.
Landscaped areas—Additional common open space and landscaped areas that do not qualify as usable open space may be provided but shall not be counted toward the usable open space requirement.
B.
Maintenance requirements for common areas: A property owners association shall be required for continued maintenance of common land and facilities.
C.
Alleys: Each attached dwelling unit within the SF-TH District shall be rear-entry only from an alley that is constructed in conjunction with the subdivision (i.e., at the same time as the streets, utilities, etc.) and that is in conformance with the city's design standards for alleys (see the subdivision ordinance).
D.
Refuse facilities: Every townhome dwelling unit shall be served by either individual residential trash carts or by a bulk dumpster. The bulk dumpster shall be located so as to provide safe and convenient pickup by refuse collection agencies and shall be screened in accordance with section 28.53 of this chapter (see Illustration 1 for refuse container enclosure diagrams).
E.
All utilities shall be provided separately to each lot within an SF-TH District so that each unit is individually metered.
F.
Single-family detached dwellings (and their respective lots) constructed within this district shall conform to the standards as set forth in the SF-7.5 District.
G.
The elimination of a garage space by enclosing or converting any portion of the garage space with a stationary building wall shall be prohibited unless another garage of the same size and same parking capacity is built on the lot within the standards specified for the SF-TH Zoning District.
H.
Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.
I.
Open storage is prohibited (except for materials for the residents' personal use or consumption such as firewood, garden materials, etc., which cannot be stored in any required setback, and which shall be screened from view of public streets and neighboring properties).
J.
Site plan approval (see section 28.13) shall be required for any single-family attached or nonresidential use (e.g., school, church, childcare center, private recreation facility, etc.) in the SF-TH District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the city's standards.
K.
Other regulations: As established by article V.
(Ord. No. 4820, § 2(2.09, 2.10), 7-18-16; Ord. No. 5167, § 3, 10-4-21)
Editor's note— Section 3 of Ord. No. 5167, adopted Oct. 4, 2021, changed the title of § 28.26 from "SF-TH Single Family Residential District—Attached" to read as herein set out.
Sec. 28.27. - LD—Lakeside Development District.
28.27.1. General purpose and description:
This district is intended for a mixture of residential types, residential densities, office, retail, service, and restricted commercial uses. It is the intent that all lake front property develop in accordance with this Lakeside Development District, except where vacant land is annexed to the city subject to an agreement that includes a conceptual plan of development implementing the objectives of this section. The primary objectives of this district are to protect the community's view of the lake and to ensure that development occurs in a manner that integrates community open spaces and preserves public access. Standards within the LD District include minimum open space or park dedication requirements in addition to minimum development design/layout standards. The maximum residential density appropriate to the LD District is four (4.0) dwelling units per acre for single-family residential dwellings. As land uses approach the Lake Texoma shoreline, maximum heights become less restricted and allowable densities increase. Specific objectives are as follows:
A.
To maintain and protect the natural environment of the city's undeveloped areas by preserving important landscape elements, including those areas containing unique and environmentally sensitive natural features such as woodlands, hedgerows, stream corridors, wetlands, floodplains, ridge tops, steep slopes, critical species habitats, and natural areas by setting them aside from development. Such areas designated for lakeside development by the City of Denison Future Land Use Plan, are of particular significance for conservation.
B.
To preserve scenic views of Lake Texoma and to minimize views of new development from existing streets.
C.
To provide for the unified and planned development of parcels fifty (50) acres or larger in size for clustered, single-family, low density residential uses, incorporating large areas of permanently protected common open space.
D.
To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of rural landscape elements, scenic quality, and overall aesthetic value of the landscape.
E.
To create groups of dwellings with direct visual and physical access to common open space.
F.
To permit active and passive recreational use of common open space by residents of a cluster development or by the public.
G.
To reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes.
H.
To permit various means for owning common open space and for protecting it from development in perpetuity.
I.
To create an attitude of stewardship, or caring, for the land within common open space by requiring a land management, or stewardship, plan for the common open space.
J.
To implement the objectives of the adopted city comprehensive plan, or elements thereof.
28.27.2. Concept plan—Required:
A.
Concept plan: No Lakeside Development District shall be established, nor shall any development occur within the LD District, except in accordance with a lakeside development concept plan prepared and approved in accordance with section 28.13 and this section. The ordinance that establishes the LD District shall incorporate the concept plan. However, land annexed to the city that is subject to a development agreement that implements the objectives of this section may be developed as a planned development overlay district pursuant to section 28.43 of the zoning ordinance, with the LD District being the base zoning district.
B.
Approval process: A proposed concept plan shall be reviewed and acted upon utilizing the procedures for approval of a planned development overlay district pursuant to section 28.43.
C.
Approval criteria:
1.
Factors. The planning and zoning commission, in making its recommendation, and the city council in deciding the application for a concept plan, shall apply the following factors in taking action on the plan application:
a.
The concept plan furthers the specific objectives of the Lakeside Development District.
b.
The plan meets the standards in this section 28.27 for development within the district.
c.
For single-family residential developments, the plan satisfies the standards for a cluster plan development in section 28.16 of this zoning chapter. In the event of a conflict between the requirements of this section and the requirements for a cluster plan development, the standards in this section shall control.
2.
Conditions. The planning and zoning commission in recommending approval of a concept plan, and the council in approving the plan, may impose such conditions on approval of the concept plan as are necessary to assure conformity with the conditions and requirements of this ordinance and compatibility with existing or future adjoining uses and neighborhood character.
D.
Effect: Approval of a concept plan authorizes the property owner to submit a plat application for single-family residential components of the project and a plat or site plan application for other types of development subject to the plan.
Those uses listed for the LD District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
A.
Residential uses:
1.
Property located more than one thousand (1,000) feet from the Lake Texoma property take line:
Maximum height:
a.
Three (3) stories, but not to exceed forty-five (45) feet for the main building/house.
b.
Forty-five (45) feet for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred (100) feet from any residential structure on the premises, and they are set back at least one hundred (100) feet or three (3) times their height (whichever is greater) from any front, side or rear property line.
c.
One (1) story, but not to exceed eighteen (18) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
d.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
2.
Property located one thousand (1,000) feet or closer to the Lake Texoma property take line:
Maximum height:
a.
Twenty (20) stories, but not to exceed two hundred (200) feet for the main building/structure.
b.
Forty-five (45) feet for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred (100) feet from any residential structure on the premises, and they are set back at least one hundred (100) feet or three (3) times their height (whichever is greater) from any front, side or rear property line.
c.
Three (3) stories, but not to exceed forty-five (45) feet for other accessory buildings, including parking structures, amenity centers, gazebos, etc.
d.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
B.
Nonresidential uses:
1.
Property located more than one thousand (1,000) feet from the Lake Texoma property take line:
Maximum height:
a.
Three (3) stories, but not to exceed forty-five (45) feet for the main building/house.
b.
One (1) story, but not to exceed eighteen (18) feet for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.
c.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
2.
Property located one thousand (1,000) feet or closer to the Lake Texoma property take line:
Maximum height:
a.
Twenty (20) stories, but not to exceed two hundred (200) feet for the main building/structure.
b.
Three (3) stories, or forty-five (45) feet for other accessory buildings, including parking structures, amenity centers, gazebos, etc.
c.
Other requirements (see article V).
28.27.5. Residential area and performance regulations:
A.
Residential standards: Single-family detached structures:
a Existing dwellings that will remain on the site shall be included in the calculation of maximum density.
b For an existing farmstead on a parcel used for cluster development, the minimum lot area shall be four (4) acres or a lot large enough to accommodate all structures within a building envelope created by a one-hundred-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to two hundred (200) feet.
c Accessory buildings shall not be permitted within the front yard.
B.
Residential standards: Single-family attached and multiple-family uses:
a Existing dwellings that will remain on the site shall be included in the calculation of maximum density.
b For an existing farmstead on a parcel used for cluster development, the minimum lot area shall be four (4) acres or a lot large enough to accommodate all structures within a building envelope created by a one-hundred-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to two hundred (200) feet.
c Accessory buildings shall not be permitted within the front yard.
C.
Garages: Garage entries for automobiles shall not be located nearer than twenty (20) feet to a street right-of-way or the minimum side yard or rear yard setbacks, whichever is greater.
D.
Parking regulations:
1.
Single-family dwelling unit—A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of twenty (20) feet as measured from the street right-of-way line.
2.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
3.
[Parking areas]—All driveways and parking areas shall be concrete or similar paved surface such as turf pavers, brick pavers or asphalt.
E.
Minimum floor area per dwelling unit: One thousand three hundred (1,300) square feet.
F.
Open space requirements:
1.
Riparian protection buffer:
a.
A riparian protection buffer is intended to:
1.
Protect natural stormwater management provided by rivers, creeks and wetlands;
2.
Protect surface water and groundwater quality;
3.
Protect water-dependent aquatic and terrestrial wildlife corridors;
4.
Maintain natural vegetation needed to protect the floodplain and provide wildlife habitat; or
5.
Protect wetlands under federal jurisdiction that exist within the floodplain buffer.
b.
A riparian protection buffer shall be a minimum of one hundred fifty (150) feet from both sides of the centerline of a drainage way or the limit of a one-hundred-year floodplain, whichever is greater.
c.
No building shall be placed or excavation shall be conducted within the riparian protection buffer provided, however, that a single-family residential structure may be constructed in the riparian protection buffer when a plat is not required by V.T.C.A., Local Government Code ch. 212 and the existence of the buffer would otherwise prohibit such use on the tract or parcel of land.
d.
No riparian buffer shall be cleared, graded, filled or subject to construction provided, however, that rights-of-way for trails, any streets needed to provide access to the property and water, sewer, electric or other utility lines may be cleared.
e.
The riparian protection buffer may be used for passive or active recreation purposes.
f.
Drainage channels and watercourses located within a riparian protection buffer, except streets, shall be of earthen construction only. A retention or detention facility may be located within a riparian protection buffer, provided that it is of earthen construction and is screened with vegetative screening. Modifications to existing earthen channels and watercourses or newly created open channels or retention/detention facilities shall be designed with earth and sodded to enhance the rural aesthetic character or habitat value and shall be constructed and maintained as required by the city's technical standards.
g.
Riparian protection buffers shall be designed and constructed in accordance with standards submitted with the lakeside development plan.
h.
A riparian protection buffer may be credited toward the minimum common open space required by this section provided that the riparian protection buffer is placed within a conservation easement dedicated to the city or is dedicated to the city as parks and open space.
i.
The floodplain administrator may reduce the required riparian protection buffer area by up to fifty (50) percent for:
1.
For a single-family residence when a plat is not required by V.T.C.A., Local Government Code ch. 212; or
2.
If the applicant demonstrates that the portion of the riparian protection buffer being reduced does not contain significant existing vegetative cover, such as protected native trees or wetlands, and the applicant provides one (1) or more of the following mitigation measures:
a.
Enhanced vegetative cover provided in the remaining buffer area;
b.
Earthen water breaks, drainage facilities or catch basins; or
c.
Erosion control and slope stabilization.
2.
Other open space—No residential property shall be located further than five thousand two hundred eighty (5,280) linear feet from a public park or private common open space. Said linear measurement shall be from the property line of the residential lot, tract or parcel to the property line of the public park or private common open space.
3.
Any park land dedicated to the city or any common open space areas dedicated to an HOA for active or passive recreational purposes may be credited toward the minimum common open space required by this section.
4.
A pedestrian circulation plan shall be required with all residential requests for an LD District. Said pedestrian circulation plan shall provide for pedestrian connections from each residential area, lot, tract or parcel to adjacent lots, tracts or parcels; public parks; riparian protection buffers; existing or planned pedestrian corridors; and common open spaces. All pedestrian connections shall be located within in pedestrian access easements dedicated to the city or in common open spaces dedicated to an HOA.
5.
United States Corps of Engineer owned parcels or tracts that have been secured by the applicant through purchase or a long-term lease agreement for public passive or active uses may be applied to the minimum common open space required by subsection 28.27.5 and may be used to calculate the maximum density allowed by subsection 28.27.5.
G.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction (see article V).
28.27.6. Nonresidential area and performance regulations:
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred fifty (150) feet at the front property line with shared access; three hundred (300) feet at the front property line without shared access.
3.
Minimum lot width (lots other than those specified in 2. above)—One hundred (100) feet at the front building line.
4.
Minimum lot depth (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—Two hundred (200) feet.
5.
Minimum lot depth (lots other than those specified in 4. above)—None.
6.
Minimum lot frontage for cul-de-sac lots—Lots with frontage onto a cul-de-sac end shall provide for a minimum lot frontage of one hundred (100) feet at the front property line.
B.
Size of yards:
1.
Minimum front yard—Fifteen (15) feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see section 28.55 for additional setback requirements).
2.
Minimum rear yard adjacent to a residential zoning district—No main nonresidential building shall be located nearer than ten (10) feet.
3.
Minimum side and rear yards not adjacent to a residential zoning district—When nonresidential uses are platted adjacent to other nonresidential uses and integrated into an overall development with lots or lease spaces abutting one another, no side yard is required provided that the city's building code requirements have been met.
4.
Minimum side yard adjacent to a residential district—Ten (10) feet as measured along the front property line but need not to exceed fifty (50) feet.
C.
Maximum lot coverage: Sixty (60) percent including main and accessory buildings; maximum eighty (80) percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).
D.
Floor to area ratio (F.A.R.): The gross square footage of all structures, including primary and all accessory structures, shall not exceed an amount equal to the square footage of the lot or tract in which they are located (1:1).
E.
Parking requirements: As established by section 28.50, Off-Street Parking and Loading Requirements.
F.
Minimum design criteria:
1.
Orientation and scale of primary structure(s):
a.
Buildings located within thirty (30) feet of a street right-of-way shall have their primary orientation toward a front yard.
b.
Primary entrances:
1.
Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
2.
Buildings shall incorporate lighting and changes in mass, surface or finish so as to give emphasis to primary entrances.
c.
Buildings that are open to the public and are within thirty (30) feet of the street right-of-way shall have a pedestrian walkway from the street to the primary entrance. Said pedestrian walkway shall consist of a concrete sidewalk meeting the city's construction standards for sidewalks and measuring a minimum of four (4) feet in width.
d.
Loading docks or loading areas are not permitted to be visible from the street and may not be accessed directly from the street.
2.
Building materials for primary structures:
a.
Seventy-five (75) percent of any exposed exterior wall that is visible from a public street of main buildings, parking structures, and accessory buildings shall consist of glass, native stone, clay-fired brick or tile, or a combination of these materials. Other finishes and materials may be used at the sole discretion of the city council if adopted as a condition of the site plan and if permitted by the City of Denison building and fire codes.
b.
Any finish permitted by the City of Denison building and fire codes may be used on the remaining twenty-five (25) percent of any exposed exterior wall.
c.
The city council may allow, at its sole discretion, the use of concrete or concrete block on exterior walls that are not visible from a public right-of-way. These finishes must be consistent in color with the remainder of the building. These would include the walls of service courts and other facilities that are secluded from view by the specific design of a building or group of buildings.
d.
Glass:
1.
All exterior building materials comprised of glass shall have a maximum exterior visible reflectance of twenty (20) percent.
2.
Glass shall not comprise more than seventy (70) percent of the building skin.
3.
Large-scale projects:
a.
These design standards shall apply to developments having forty thousand (40,000) square feet and more in gross floor area of building space, inclusive of all primary, secondary, and accessory structures.
b.
Large-scale design criteria:
1.
Developments shall design large building masses to relate to human scale by incorporating changes in building mass or direction, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees and small-scale lighting.
2.
All on-site circulation systems shall incorporate a streetscape, which includes curbs, sidewalks, pedestrian-scale light standards, and street trees.
c.
Public spaces:
1.
One (1) square foot of plaza or public space shall be required for every ten (10) square feet of gross floor area.
2.
Plazas or public spaces shall incorporate at least three (3) of the five (5) following elements:
a.
Sitting space—At least one (1) sitting space for each two hundred fifty (250) square feet of area included in the plaza. Seating shall be a minimum of sixteen (16) inches in height and thirty (30) inches in width. Ledge benches shall have a minimum depth of thirty (30) inches.
b.
A mixture of areas that provide both sunlight and shade.
c.
Trees in proportion to the space at a minimum of one (1) tree per eight hundred (800) square feet that measure a minimum of three (3) inches in diameter at twelve (12) inches above the ground.
d.
Water features or public art.
e.
Outdoor eating areas or food vendors.
f.
Mandatory open space:
1.
A minimum of forty (40) percent of the total lot area of a project shall be devoted to open space.
2.
Minimum open space requirements may be calculated on the basis of the overall development including required buffer yard(s), provided that the minimum open space on any individual lot within the development is not less than fifteen (15) percent.
4.
On-site circulation:
a.
Protected, raised walkways shall be installed through parking areas of fifty (50) or more spaces or more than one hundred (100) feet in average width or depth.
b.
Parking lots with two hundred (200) spaces or more shall be divided into separate areas divided by landscaped areas or walkways measuring a minimum of ten (10) feet in width or by a building or group of buildings.
c.
Developments of one (1) acre or more must provide a pedestrian circulation plan for the site. Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building.
d.
Connections shall be made when feasible to any streets adjacent to the property and to any pedestrian facilities that connect to the property unless pedestrian and/or traffic hazards prohibit such connections.
G.
[Required pedestrian plan]: A pedestrian circulation plan shall be required with all nonresidential requests for an LD District. Said pedestrian circulation plan shall provide for pedestrian connections with adjacent lots, tracts or parcels; public parks; riparian protection buffers; existing and proposed pedestrian corridors; and common open spaces. All pedestrian connections shall be located within in pedestrian access easements dedicated to the city or in common open spaces dedicated to an HOA.
28.27.7. Special requirements:
A.
Residential uses:
1.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
2.
Barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) acre or more.
3.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
4.
Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five (25) feet from the door face of the garage or carport to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be twenty-five (25) feet.
5.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
6.
Swimming pools (see article V).
7.
Cluster developments—The procedures and requirements of a cluster plan as specified in section 28.12 shall be required for developments that will implement the clustered development standards specified in subsection 28.27.5.
8.
Other regulations—As established by article V.
B.
Nonresidential uses:
1.
Driveway spacing (distance between driveways, measured edge-to-edge):
a.
Highway—One (1) driveway per three hundred (300) linear feet of frontage.
b.
Arterial street—One (1) driveway per two hundred fifty (250) linear feet of frontage.
c.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
d.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
e.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
2.
Driveway separation from intersections (distance measured from the centerline of the rights-of-way to the pavement edge of the driveway).
a.
Highway intersection with another street—Three hundred (300) feet.
b.
Arterial street intersection with another street—Two hundred fifty (250) feet.
c.
Collector street intersection with another street—One hundred (100) feet.
d.
Residential street intersection with another street—Fifty (50) feet.
3.
Landscaping requirements—See section 28.51.
4.
Screening requirements—See section 28.53.
5.
Outside display of merchandise and seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
a.
Shall not be placed/located more than thirty (30) feet from the main building.
b.
Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property (except on a temporary basis only, which is a maximum of thirty (30) days per display and a maximum of two (2) displays per calendar year).
c.
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
d.
Shall not extend into public right-of-way or onto adjacent property.
e.
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
f.
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
6.
Open storage is prohibited.
7.
Building facade (i.e., elevation) plans shall be submitted for review and approval along with the site plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The planning director (or his/her designee) may, as he/she deems appropriate, require submission of additional information and materials (possibly actual samples of materials to be used) during the site plan review process.
8.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
9.
Maintenance requirements for common areas—A property owners association is required for continued maintenance of any common areas and facilities provided within the development. The ownership, maintenance and operation of common areas shall be provided in accordance with subsection 28.61.E. of this zoning chapter.
10.
Other regulations—As established in the development standards, article V.
(Ord. No. 4728, § 1, 2-3-14; Ord. No. 4820, § 2(2.11), 7-18-16; Ord. No. 4924, § 2(2.02), 12-11-17)
Sec. 28.28. - UD—Urban Development District.
28.28.1. General purpose and description:
This district is intended primarily for new single-family residential development west of Highway 75. This district established minimum development standards that will ensure that development occurs in a manner that is sensitive to the natural environment and natural topography. Development standards address environmental issues and provide incentives to preserve significant natural features such as stands of trees, maintenance of riparian corridors, stormwater management, and the natural topography. The maximum density to be allowed within the UD District would be five (5.0) dwelling units per acre. Site plans would be mandatory within this district. Specific objectives are as follows:
A.
To maintain and protect the natural environment of the city's undeveloped areas by preserving important landscape elements, including those areas containing unique and environmentally sensitive natural features such as woodlands, hedgerows, stream corridors, wetlands, floodplains, ridge tops, steep slopes, critical species habitats, and natural areas by setting them aside from development. Such areas designated for Type B by the City of Denison Future Land Use Plan, are of particular significance for conservation.
B.
To preserve scenic views of existing natural areas and to minimize views of new development from existing streets.
C.
To provide for the unified and planned development of parcels fifty (50) acres or larger in size for clustered, single-family, low density residential uses, incorporating large areas of permanently protected common open space.
D.
To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of rural landscape elements, scenic quality, and overall aesthetic value of the landscape.
E.
To create groups of dwellings with direct visual and physical access to common open space.
F.
To permit active and passive recreational use of common open space by residents of a cluster development or by the public.
G.
To reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes.
H.
To permit various means for owning common open space and for protecting it from development in perpetuity.
I.
To create an attitude of stewardship, or caring, for the land within common open space by requiring a land management, or stewardship, plan for the common open space.
J.
To implement the objectives of the adopted city comprehensive plan, or elements thereof.
Those uses listed for the UD District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two and one-half (2½) stories, but not to exceed thirty-five (35) feet for the main building/house.
B.
One story, or twelve (12) feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, gazebo, etc.
C.
Other requirements (see article V).
A.
Minimum standards:
a Existing dwellings that will remain on the site shall be included in the calculation of maximum density.
b For an existing farmstead on a parcel used for cluster development, the minimum lot area shall be two (2) acres or a lot large enough to accommodate all structures within a building envelope created by a one-hundred-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to two hundred (200) feet.
c Accessory buildings shall not be permitted within the front yard.
B.
Garages: Garage entries for automobiles shall not be located nearer than twenty-four (24) feet to a street right-of-way or the minimum side yard or rear yard setbacks, whichever is greater.
C.
Parking regulations:
1.
Single-family dwelling unit—A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of twenty-five (25) feet as measured from the street right-of-way line.
2.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
D.
Minimum floor area per dwelling unit: One thousand six hundred (1,600) square feet.
E.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction (see article V).
28.28.5. Special requirements:
A.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B.
Electrical fencing and barbed wire is prohibited unless otherwise allowed by the Denison Code of Ordinances or any other rule, regulation or requirement of the city.
C.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, farm equipment, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
D.
Single-family homes with side-entry garages where lot frontage is only to one (1) street (not a corner lot) shall have a minimum of twenty-four (24) feet from the door face of the garage or carport to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be twenty-four (24) feet.
E.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
F.
Swimming pools (see article V).
G.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the UD District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
H.
Cluster developments: An application for a clustered development in the UD District shall be prepared and processed as a cluster development plan in accordance with section 28.12 and shall be consistent with the standards specified in subsection 28.28.4.A.
I.
Other regulations: As established by article V.
Sec. 28.29. - 2F—Two-Family (duplex) Residential District.
28.29.1. General purpose and description:
The 2F District, Two-Family Residential, is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of each of the two-family or duplex units is encouraged. This district may provide a "buffer" or transition district between lower density residential areas and higher density or nonresidential areas or major thoroughfares. Areas zoned for the 2F District shall have, or shall make provision for, municipal water or wastewater service. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
Those uses listed for the 2F District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses (i.e., SUP), respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
1.
Two and one-half (2½) stories but not to exceed thirty-five (35) feet for the main building/house.
2.
One (1) story, but not to exceed eighteen (18) feet for other accessory buildings, including detached garage, garden shed, gazebo, etc.
3.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
A.
Size of lots for two-family/duplex homes:
1.
Minimum lot area—Ten thousand (10,000) square feet per duplex lot (five thousand (5,000) square feet per dwelling unit.)
2.
Minimum lot width—One hundred (100) feet for each duplex lot (fifty (50) feet of lot width per dwelling unit).
3.
Minimum lot depth—One hundred (100) feet.
B.
Size of lots for single-family detached homes:
1.
Minimum lot area—Seven thousand five hundred (7,500) square feet;
2.
Minimum lot width—Seventy-five (75) feet.
3.
Minimum lot depth—One hundred (100) feet.
C.
Size of yards:
1.
Minimum front yard:
a.
Twenty (20) feet.
b.
For front entry garages, the minimum setback for the face of the garage door is twenty-five (25) feet, and in no instance shall the face of the garage door extend beyond the main portion of the dwelling unit.
c.
A non-enclosed front porch, open on three (3) sides may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the porch has a minimum depth of seven (7) feet, measured from stud to the edge of the porch, and a minimum width of ten (10) feet.
d.
A one-story "J-swing" in garage may extend an additional five (5) feet into the front setback (minimum fifteen (15) feet from front property line) provided the wall of the garage that faces the street contains a functioning or non-functioning window with glass panes and/or shutters, of a minimum size of three (3) feet by five (5) feet.
2.
Minimum side yard—One side yard may be reduced to zero feet where the duplex units join; the other side yard shall be a minimum of ten (10) feet required to the side property line and with fifteen (15) feet required on corner lots adjacent to a residential or collector street, twenty (20) feet shall be required on corner lots adjacent to an arterial street; and twenty-five (25) feet minimum shall be required for a key corner lot. The required side yards shall be designated upon a plat approved by the council.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet to the rear property line.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
4.
Reserved.
5.
Maximum lot coverage—Fifty (50) percent by main buildings and accessory buildings.
D.
Parking regulations:
1.
Two-family/duplex homes—A minimum of two (2) parking spaces shall be required for each dwelling unit. A minimum of one (1) space shall be in an enclosed garage and one (1) additional space may be paved open parking. All parking spaces shall be constructed completely of concrete or similar solid paved surface such as turf pavers, brick pavers, or asphalt.
2.
Single-family detached homes—Parking requirements shall comply with the Single-Family 7.5 zoning district.
3.
Other—See section 28.50, Off-Street Parking and Loading Regulations.
4.
Garages.
a.
The face of garage doors shall not be located nearer than twenty-five (25) feet to a street right-of-way.
b.
Garage doors directly facing a street shall not comprise more than fifty (50) percent of the width of the front façade of a house.
c.
Where a house has three (3) or more garage/enclosed parking spaces, no more than two (2) single garage doors or one (1) double garage door shall face the street, unless the garage(s) is located behind the main structure.
5.
Maximum paving in the front yard—A maximum of fifty (50) percent of the area between the front face of the main structure and the street right-of-way may be paved with concrete, asphalt, turf pavers, brick pavers or similar materials. The area subject to this limitation is shown in Appendix Illustration #15.
E.
Minimum floor area per dwelling unit: Six hundred fifty (650) square feet.
F.
Minimum exterior construction standards: See section 28.54 for exterior construction standards.
28.29.5. Special requirements:
A.
Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-7.5 Zoning District.
B.
The elimination of a garage space by enclosing or converting any portion of the garage space with a stationary building wall shall be prohibited unless another garage of the same size (i.e., that has the same number of parking spaces) is built on the lot within the proper setbacks, not exceeding the maximum lot coverage, etc.
C.
Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.
D.
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
E.
Single-family and two-family homes with side-entry garages where lot frontage is only to one (1) street (not a corner lot) shall have a minimum of twenty-four (24) feet from the door face of the garage or carport to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall be eighteen (18) feet.
F.
Swimming pools (see the city's Code of Ordinances).
G.
Site plan approval (see section 28.13) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the 2F District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the city's standards.
H.
Roofs: As established by article V, stone coated steel roofing systems equivalent to Decra or Gerard with a minimum of 26 gauge and/or standing seam or equivalent interlocking metal roof panels that do not have exposed screws or grommets with painted factory finish guaranteed for a minimum of twenty (20) years in a color compatible with the surrounding residential roofs—Colors shall include Galvalume (matte finish/non-reflective), pewter, burnished slate, ivy green, light stone and copper (matte finish/non-reflective) are allowed. Roofs with bright colors such as bright red, neon or similar colors or reflective or shiny finishes are prohibited.
I.
Accessory dwellings: An accessory dwelling shall only be allowed by CUP, floor area shall be equal to or less than thirty-five (35) percent of the total floor area of the main residence, shall meet all minimum setback and other requirements of the district in which it is located, shall meet all requirements set forth in the CUP, and shall only be allowed in conjunction with a single family residence. An accessory dwelling shall not be allowed in conjunction with a duplex or other multi-family use.
J.
Other regulations: In addition to other applicable ordinance regulations, article V regulations shall apply.
(Ord. No. 4820, § 2(2.12—2.14), 7-18-16; Ord. No. 4868, § 3, 5-1-17; Ord. No. 5232, §§ 20—23, 9-19-22; Ord. No. 5245, § 8, 11-7-22)
Sec. 28.30. - MF-1—Multi-Family Residential District.
28.30.1. General purpose and description:
This district would allow for lower intensity multi-family development. The maximum allowable density is twelve (12.0) dwelling units per acre. Specific design standards would specify mandatory open space and appropriate architectural design. A site plan would be required for development within this district.
Those uses listed for the MF-1 District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
A.
Maximum height:
1.
Three (3) stories, or forty-five (45) feet for the main building(s).
2.
One (1) story, or twelve (12) feet for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.
3.
Other requirements (see article V).
A.
Size of lots:
1.
Minimum lot area—Seven thousand five hundred (7,500) square feet minimum plus one thousand five hundred (1,500) square feet for each dwelling unit. The minimum project size shall be ten (10) acres.
2.
Minimum lot width—Sixty (60) feet.
3.
Minimum lot depth—One hundred (100) feet.
4.
Special exception—If a property was platted or zoned for MF-1 prior to the effective date of this chapter, then it can remain its original size and configuration and does not have to meet the minimum project size, lot width or lot depth stated above. The property shall conform to all other MF-1 development standards herein, unless the building setbacks shown on a recorded plat vary from those contained herein, in which case the platted setbacks shall prevail unless a replat modifies same. This provision shall not apply to duplexes and townhouses, which shall comply with all standards of the 2F - Two-Family and SF-TH district requirements, respectively, as required by section 28.30.5H below.
B.
Size of yards:
1.
Minimum front yard—Twenty-five (25) feet. All areas adjacent to a street shall be deemed front yards. See section 28.44 for additional setback requirements.
2.
Minimum side and rear yard—Ten (10) percent of the lot width not to be less than five (5) feet but need not exceed fifteen (15) feet; twenty (20) feet from a street right-of-way line for a corner lot; unless adjacent to a single-family, duplex, patio home or single-family attached district then side and rear setbacks shall be according to the height of the multi-family building, as follows:
a.
One-story building—Twenty-five (25) feet.
b.
Two-story building—Fifty (50) feet.
c.
Over two-story building—Seventy-five (75) feet.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
4.
Building separation:
a.
Between residential structures—Ten (10) feet for buildings without openings; fifteen (15) feet for buildings with openings.
b.
Between a main building and an accessory building—Ten (10) feet.
C.
Minimum floor area per dwelling unit:
1.
Efficiency unit—Four hundred fifty (450) square feet per unit.
2.
One-bedroom unit—Six hundred fifty (650) square feet per unit.
3.
Two- or more bedroom unit—Eight hundred seventy-five (875) square feet for the first two (2) bedrooms, plus an additional one hundred twenty-five (125) square feet for every bedroom over two (e.g., three-bedroom unit must have one thousand (1,000) square feet, etc.).
D.
Maximum lot coverage: Fifty (50) percent total, including main and accessory buildings.
E.
Parking regulations:
1.
No parking space may be located closer than six (6) feet from any building, nor closer than two (2) from any side or rear lot line.
2.
All parking areas adjacent to public streets shall be screened from view. Screening may be in the form of live plant materials, berms, low masonry walls that match the exterior finish of main buildings, or any combination of the above.
3.
See section 28.50, Off-Street Parking and Loading Requirements, for additional requirements.
F.
Minimum exterior construction standards: One hundred (100) percent masonry (Stucco, cementious composition fiberboard, concrete masonry units or materials of similar characteristics will not be allowed).
28.30.5. Special requirements:
A.
Usable open space requirements: Except as provided below, any multi-family development shall provide useable open space which equals or exceeds fifteen (15) percent of the total lot area.
B.
Maximum density: Projects shall not exceed a density of twelve (12) dwelling units per gross acre.
C.
Landscape area requirements: A minimum of twenty (20) percent of the total lot area shall be devoted to a combination of landscaping (i.e., pervious surface area) and usable open space (see above). See article V for landscaping requirements.
D.
Refuse facilities: Every multi-family dwelling unit shall be located within two hundred (200) feet of a refuse facility, measured along the designated pedestrian travel way. A refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk for more than one (1) dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse containers shall be located no closer than thirty (30) feet to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies, and shall be screened in accordance with article V of this chapter. (See Illustration 1 for refuse container enclosure diagrams).
E.
Screening requirements: See article V for screening requirements.
F.
A swimming pool shall be provided in multi-family developments of fifty (50) or more units. See article V for additional pool requirements.
G.
One (1) playground area containing at least five (5) pieces of play equipment shall be provided for every one hundred (100) dwelling units, or fraction thereof. The playground equipment shall be of heavy-duty construction, such as is normally used in public parks or on public school playgrounds.
H.
Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-5, SF-PH, SF-TH, and 2-F District standards, respectively. Duplex and townhouse residential units constructed and in lawful existence or with valid permits prior to December 1, 2022 which do not meet these standards are considered to be conforming structures.
I.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
J.
Open storage is prohibited.
K.
All points on the exterior facades of all buildings shall be within one hundred fifty (150) feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).
L.
A four-foot wide paved walkway shall connect the front door of each ground floor unit to a parking area. The minimum width of any sidewalk adjacent to head-in parking spaces shall be six (6) feet to accommodate a two-foot bumper overhang for vehicles.
M.
Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements and shall not be visible from a public street.
N.
All buildings containing residential units shall provide signage that clearly identifies the numbers (i.e., addresses) of the units within each building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel.
O.
All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.
P.
Site plan approval (see section 28.13) shall be required for any multi-family or nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF-1 District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
Q.
Efficiency units shall be limited in number to twenty-five (25) percent of the total number of units per development and each development phase. Any fractional number of units resulting from the twenty-five (25) percent allowable formula will be permitted to be rounded to the next highest full number.
R.
Each multi-family unit shall have sidewalk access to the parking area designed to accommodate that unit.
S.
Other regulations: As established by article V.
(Ord. No. 4733, § 1, 2-17-14; Ord. No. 5134, § 3, 5-3-21; Ord. No. 5245, §§ 9, 10, 11-7-22)
Sec. 28.31. - MF-2—Multi-Family Residential District.
28.31.1. General purpose and description:
This district would allow for higher intensity multi-family development. The maximum allowable density would be twenty (20.0) dwelling units per acre. Specific design standards would specify mandatory open space, and appropriate architectural design. A site plan would be required for development within this district.
Those uses listed for the MF-2 District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Three (3) stories, or forty-five (45) feet for the main building(s).
B.
One (1) story, or twelve (12) feet for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.
C.
Other requirements (see article V).
A.
Size of lots:
1.
Minimum lot area—Seven thousand five hundred (7,500) square feet minimum plus one thousand five hundred (1,500) square feet for each dwelling unit. The minimum project size shall be ten (10) acres.
2.
Minimum lot width—Sixty (60) feet.
3.
Minimum lot depth—One hundred (100) feet.
4.
Special exception—If a property was platted or zoned for MF-1 prior to the effective date of this chapter, then it can remain its original size and configuration and does not have to meet the minimum project size, lot width or lot depth stated above. The property shall conform to all other MF-1 development standards herein, unless the building setbacks shown on a recorded plat vary from those contained herein, in which case the platted setbacks shall prevail unless a replat modifies same. This provision shall not apply to duplexes and townhouses, which shall comply with all standards of the 2F - Two-Family and SF-TH district requirements, respectively, as required by section 28.31.5.H below.
B.
Size of yards:
1.
Minimum front yard—Twenty-five (25) feet. All areas adjacent to a street shall be deemed front yards. See section 28.44 for additional setback requirements.
2.
Minimum side and rear yard—Ten (10) percent of the lot width not to be less than five (5) feet but need not exceed fifteen (15) feet; twenty (20) feet from a street right-of-way line for a corner lot; unless adjacent to a single-family, duplex, patio home or single-family attached district then side and rear setbacks shall be according to the height of the multifamily building, as follows:
a.
One-story building—twenty-five (25) feet.
b.
Two-story building—fifty (50) feet.
c.
Over two-story building—seventy-five (75) feet.
3.
Minimum rear yard:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
4.
Building separation:
a.
Between residential structures—Ten (10) feet for buildings without openings; fifteen (15) feet for buildings with openings.
b.
Between a main building and an accessory building—ten (10) feet.
C.
Minimum floor area per dwelling unit:
1.
Efficiency unit—Four hundred fifty (450) square feet per unit.
2.
One-bedroom unit—Six hundred fifty (650) square feet per unit.
3.
Two- or more bedroom unit—Eight hundred seventy-five (875) square feet for the first two bedrooms, plus an additional one hundred twenty-five (125) square feet for every bedroom over two (e.g., three-bedroom unit must have one thousand (1,000) square feet, etc.).
D.
Maximum lot coverage: Fifty (50) percent total, including main and accessory buildings.
E.
Parking regulations:
1.
No parking space may be located closer than six (6) feet from any building, nor closer than two (2) feet from any side or rear lot line.
2.
All parking areas adjacent to public streets shall be screened from view. Screening may be in the form of live plant materials, berms, low masonry walls that match the exterior finish of main buildings, or any combination of the above.
3.
See section 28.50, Off-Street Parking and Loading Requirements, for additional requirements.
F.
Minimum exterior construction standards: One hundred (100) percent masonry (Stucco, cementious composition fiberboard, concrete masonry units or materials of similar characteristics will not be allowed).
28.31.5. Special requirements:
A.
Usable open space requirements: Except as provided below, any multi-family development shall provide useable open space which equals or exceeds fifteen (15) percent of the total lot area.
B.
Maximum density: Projects shall not exceed a density of twenty (20) dwelling units per gross acre.
C.
Landscape area requirements: A minimum of twenty (20) percent of the total lot area shall be devoted to a combination of landscaping (i.e., pervious surface area) and usable open space (see above). See article V for landscaping requirements.
D.
Refuse facilities: Every multi-family dwelling unit shall be located within two hundred (200) feet of a refuse facility, measured along the designated pedestrian travel way. A refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk for more than one (1) dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse containers shall be located no closer than thirty (30) feet to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies, and shall be screened in accordance with article V of this chapter. (See Illustration 1 for refuse container enclosure diagrams).
E.
Screening requirements: See article V for screening requirements.
F.
A swimming pool shall be provided in multi-family developments of fifty (50) or more units. See article V for additional pool requirements.
G.
One (1) playground area containing at least five (5) pieces of play equipment shall be provided for every one hundred (100) dwelling units, or fraction thereof. The playground equipment shall be of heavy-duty construction, such as is normally used in public parks or on public school playgrounds.
H.
Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-5, SF-PH, SF-TH, and 2-F District standards, respectively. Duplex and townhouse residential units constructed and in lawful existence or with valid permits prior to December 1, 2022 which do not meet these standards are considered to be conforming structures.
I.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
J.
Open storage is prohibited.
K.
All points on the exterior facades of all buildings shall be within one hundred fifty (150) feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).
L.
A four-foot wide paved walkway shall connect the front door of each ground floor unit to a parking area. The minimum width of any sidewalk adjacent to head-in parking spaces shall be six (6) feet to accommodate a two-foot bumper overhang for vehicles.
M.
Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements and shall not be visible from a public street.
N.
All buildings containing residential units shall provide signage that clearly identifies the numbers (i.e., addresses) of the units within each building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel.
O.
All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.
P.
Site plan approval (see section 28.13) shall be required for any multi-family or nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF-2 District. Any nonresidential land use which may be permitted in this district shall conform to the "NS"—Neighborhood Service District standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
Q.
Efficiency units shall be limited in number to twenty-five (25) percent of the total number of units per development and each development phase. Any fractional number of units resulting from the twenty-five (25) percent allowable formula will be permitted to be rounded to the next highest full number.
R.
Each multi-family unit shall have sidewalk access to the parking area designed to accommodate that unit.
S.
Other regulations: As established by article V.
(Ord. No. 4733, § 1, 2-17-14; Ord. No. 5134, § 4, 5-3-21; Ord. No. 5245, §§ 11, 12, 11-7-22)
Sec. 28.32. - MH—Manufactured Home District.
28.32.1. General purpose and description:
This district is designed to accommodate manufactured homes which are compliant with HUD codes and requirements. No manufactured home shall be permitted to be located within the City of Denison unless located in an authorized manufactured home park. No mobile home constructed prior to June 15, 1976 shall be permitted to be located within the city limits.
Those uses listed for the MH District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
28.32.3. Area and access regulations:
A.
Size requirements—The minimum size of any manufactured home park shall be two (2) acres and the maximum size shall be twenty (20) acres.
B.
Access—Manufactured home parks shall have vehicular access from a street classified as a collector or greater.
C.
Size of space (for each space within a manufactured home park):
1.
Minimum width—Fifty (50) feet.
2.
Minimum depth—Eighty (80) feet.
D.
Only one (1) manufactured home shall be permitted on each space.
E.
Size of yards:
1.
Minimum side yard—Five (5) feet but in no instance shall there be less than ten (10) feet between manufactured homes.
2.
Minimum rear yard—Ten (10) feet.
3.
Minimum front yard—Twenty-five (25) feet, measured from the edge of the access and utility easement.
4.
Perimeter setbacks—All manufactured homes or garages shall be set back a minimum of twenty (20) feet from the perimeter property line of the manufactured home park.
F.
Minimum floor area—One thousand (1,000) square feet of living area.
28.32.4. Community open space:
A minimum of seven percent (7%) of the park area, but no less than ten-thousand (10,000) square feet shall be reserved as usable open space and maintained by the park's owner or manager.
28.32.5. Design and construction standards:
A.
Street design standards—Internal streets, signage, street lights shall be privately owned, built, and maintained by the owner of the manufactured home district. The private streets shall be a minimum of fifty (50) feet and dedicated as an access and utility easement. The pavement width shall be not less than twenty-seven (27) feet with curb and gutter. The streets shall be designed in accordance with all other standards of a public street.
B.
Driveways, parking areas, and walkways—Each space shall be provided with adequate driveway and parking area to accommodate at least two (2) vehicles and paved with reinforced concrete in accordance with City standards. All spaces shall have a reinforced concrete walkway a minimum of four (4) feet in width connecting the manufactured home to the driveway.
C.
Electrical and telephone service—All electrical wiring and private utility cabling in the manufactured home park shall be installed underground.
D.
Water supply—Each space shall be supplied water by the city's public water supply system. All water lines shall conform to the city's plumbing code and water construction standards and the State Board of Insurance and Texas Department of Health minimum standards for water systems.
E.
Sewage disposal—Each space shall be connected to the city's public sewer system constructed in accordance with the city's plumbing code and sewer construction standards and the Texas Department of Health minimum standards for sewer systems. When the space is unoccupied or vacant, the sewer riser pipe shall be capped off by the owner or manager of the manufactured home park.
F.
Drainage—The manufactured home park shall provide for adequate drainage in compliance with city standards.
G.
Solid waste disposal—The owner or manager of the manufactured home park shall provide solid waste disposal services in accordance with the city's policies and regulations.
H.
Site plan approval is required for a manufactured home park.
I.
Construction standards for individual units:
1.
Extensions and add-ons—No structural extension shall be attached to a manufactured home in violation of the spacing and clearance requirements. A building permit shall be required for any extension or add-on structure, which must be constructed in accordance with the city's building codes and ordinance. All extensions and add-on structures shall be dismantled and removed when the adjoining manufactured home is removed from the space.
2.
Anchoring and skirting requirements—Each manufactured home within the park shall be installed and anchored in accordance with the Texas Department of Labor and Standards rules and regulations. Also, each manufactured home within the park shall be installed with a painted metal or wood skirting around the perimeter of the dwelling which shall be installed within thirty (30) days of placement of the manufactured home.
3.
The exterior siding material of the manufactured home and any extensions and add-ons, excluding skirting, shall be nonmetallic.
28.32.6. Operational and maintenance requirements:
All manufactured homes shall comply with the following operational and maintenance requirements:
A.
The owner or manager of the manufactured home park shall keep an up-to-date register of the park residents, including the manufactured home registration data, the make, model, length, width, year of manufacture, and identification number of each manufactured home.
B.
The owner of manager of the manufactured home park shall be responsible for keeping the manufactured home park in a clean, safe and sanitary condition, free of accumulations of debris, trash, and high weeds and grass. The owner or manager shall also keep all streets and sidewalks in good and safe condition. Whenever the owner of manager is notified by the city, or other appropriate authority, that unsafe or unsanitary conditions exist, he or she shall abate the condition or nuisance within the allotted time as provided in the notice.
(Ord. No. 4697, §§ 2, 3, 5-20-13; Ord. No. 5245, § 13, 11-7-22)
Sec. 28.33. - O—Office District.
28.33.1. General purpose and description:
The O—Office District is intended to accommodate a variety of office developments providing for professional, financial, medical, and similar services for local residents; corporate offices for regional and national operations; and for other major employment centers. The district can be used as a transition district between more intense uses and residential uses.
Those uses listed for the O District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses (i.e., CUP), respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Three (3) stories, but no greater than sixty (60) feet
B.
Other requirements (see article V).
A.
Size of lots:
1.
Minimum lot area—Six thousand (6,000) square feet.
2.
Minimum lot width—Sixty (60) feet.
3.
Minimum lot depth—One hundred (100) feet.
B.
Size of yards:
1.
Minimum front yard—Twenty-five (25) feet. All areas adjacent to a street shall be deemed front yards.
2.
Minimum side yard:
a.
Where adjacent to a nonresidential district—Twenty (20) feet.
b.
Where adjacent to a residential district:
1.
Twenty-five (25) feet for a one story building.
2.
Forty (40) feet for a two-story building.
3.
Fifty (50) feet for a three-story building.
3.
Minimum rear yard:
a.
Where adjacent to a nonresidential district—Twenty (20) feet.
b.
Where adjacent to a residential district:
1.
Twenty-five (25) feet for a one story building.
2.
Forty (40) feet for a two-story building.
3.
Fifty (50) feet for a three-story building.
D.
Maximum lot coverage: Forty (40) percent total, including main and accessory buildings.
E.
Parking regulations (see section 28.50):
F.
Minimum exterior construction standards: Seventy-five (75) percent standard masonry construction (see article V).
28.33.5. Special requirements:
A.
Landscaping requirements: Refer to article V.
B.
Open storage: Open storage in nonresidential areas is prohibited.
C.
Temporary facilities: There shall be no permanent use of temporary facilities or buildings.
D.
Other regulations: As established by article V.
(Ord. No. 5167, § 4, 10-4-21)
Sec. 28.34. - NS—Neighborhood Services District.
28.34.1. General purpose and description:
The NS—Neighborhood Services District, is established to provide areas for limited low intensity retail, office, and service uses that provide services to immediately adjacent residential neighborhoods. Automotive repair and automotive service businesses are not appropriate to the NS District. NS developments should integrate landscaping and buffering in order to ensure compatibility with immediately adjacent residential uses. The NS District can also serve as a land use transition to residential areas from nonresidential areas.
Those uses listed for the NS District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two (2) stories but not to exceed thirty-five (35) feet for the main building(s); an additional twenty (20) percent in height is allowable for architectural features (i.e. domes, clocks, steeples).
B.
One (1) story for accessory buildings.
C.
Other (article V).
A.
Size of lot:
1.
Minimum lot area—Six thousand (6,000) square feet.
2.
Minimum lot width (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred (100) feet at the front property line with shared access; three hundred (300) feet at the front property line without shared access.
3.
Minimum lot width (lots other than those specified in 2. above)—One hundred (100) feet at the front building line with shared access; Two hundred (200) feet at the front building line without shared access.
4.
Minimum lot depth (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred (100) feet.
5.
Minimum lot depth (lots other than those specified in 4. above)—None.
6.
Minimum lot frontage for cul-de-sac lots—Lots with frontage onto a cul-de-sac end shall provide for a minimum lot frontage of seventy-five (75) feet at the front property line.
B.
Size of yards:
1.
Maximum front yard—Seventy (70) feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see section 28.42 for additional setback requirements).
2.
Minimum front yard—Fifteen (15) feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see section 28.42 for additional setback requirements).
3.
Minimum rear yard adjacent to a residential zoning district:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
4.
Minimum side and rear yards not adjacent to a residential zoning district—When nonresidential uses are platted adjacent to other nonresidential uses and integrated into an overall development with lots or lease spaces abutting one another, no side yard is required provided that the city's building code requirements have been met.
5.
Minimum side yard adjacent to a residential district—Ten (10) percent of the lot width as measured along the front property line but need not to exceed fifty (50) feet.
C.
Maximum lot coverage: Forty (40) percent including main and accessory buildings; maximum eighty (80) percent impervious coverage, including all buildings, parking areas, sidewalks, etc.
D.
Floor to area ratio (F.A.R.): The gross square footage of all structures, including primary and all accessory structures, shall not exceed an amount equal to one-half (½) the square footage of the lot or tract in which they are located (0.5:1).
E.
Parking requirements:
1.
As established by section 28.50, Off-Street Parking and Loading Requirements.
2.
No more than ten (10) percent of the mandatory parking spaces required pursuant to section 28.50, Off-Street Parking and Loading Requirements may be located between the primary structure or building and the front property line. Said parking shall be limited to a single row of parking stalls oriented toward the primary structure or building.
28.34.5. Special requirements:
A.
Driveway spacing (distance between driveways, measured edge-to-edge):
1.
Highway—One (1) driveway per three hundred (300) linear feet of frontage or TxDOT regulations, if applicable.
2.
Arterial street—One (1) driveway per one hundred fifty (150) linear feet of frontage.
3.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
4.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
5.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Driveway separation from intersections (distance measured from the centerline of the rights-of-way to the pavement edge of the driveway):
1.
Highway intersection with another street—Three hundred (300) feet or TxDOT regulations, if applicable.
2.
Arterial street intersection with another street—Two hundred fifty (250) feet.
3.
Collector street intersection with another street—One hundred (100) feet.
4.
Residential street intersection with another street—Fifty (50) feet.
C.
Site plan review: No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.
D.
Landscaping requirements: See section 28.51.
E.
Screening requirements: See section 28.53.
F.
Outside display of merchandise and seasonal items shall be limited to the following:
1.
Shall not be placed/located more than thirty (30) feet from the main building.
2.
Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property (except on a temporary basis only, which is a maximum of thirty (30) days per display and a maximum of two (2) displays per calendar year).
3.
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4.
Shall not extend into public right-of-way or onto adjacent property.
5.
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
6.
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
G.
[Permanent open storage]: Permanent open storage is prohibited.
H.
[Prohibited:] Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
I.
Other regulations: As established in the development standards, article V.
Sec. 28.35. - LR—Local Retail District.
28.35.1. General purpose and description:
The LR—Local Retail District is established to provide areas for smaller-scale retail, office, and service uses that are sized and oriented toward serving several neighborhoods within the City of Denison. LR developments should integrate landscaping and buffering in order to ensure compatibility with immediately adjacent residential uses. The LR District provides for an increased intensity of uses that generate increased traffic volumes and they should be located at the intersection of major collectors or thoroughfares and in locations that afford adequate roadway capacities.
Those uses listed for the LR District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses (i.e., SUP), respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two (2) stories but not to exceed thirty-five (35) feet for the main building(s); an additional twenty (20) percent in height is allowable for architectural features (i.e. domes, clocks, steeples).
B.
One (1) story for accessory buildings.
C.
Other (article V).
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred fifty (150) feet at the front property line with shared access; two hundred (200) feet at the front property line without shared access.
3.
Minimum lot width (lots other than those specified in 2. above)—One hundred (100) feet at the front building line.
4.
Minimum lot depth (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred and fifty (150) feet.
5.
Minimum lot depth (lots other than those specified in 4. above)—None.
6.
Minimum lot frontage for cul-de-sac lots—Lots with frontage onto a cul-de-sac end shall provide for a minimum lot frontage of one hundred (100) feet at the front property line.
B.
Size of yards:
1.
Minimum front yard—Fifteen (15) feet from ultimate right-of-way line or roadway; all yards adjacent to a street shall be considered a front yard (see article V for additional setback requirements).
2.
Minimum rear yard adjacent to a residential zoning district:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
4.
Minimum side and rear yards not adjacent to a residential zoning district—When nonresidential uses are platted adjacent to other nonresidential uses and integrated into an overall development with lots or lease spaces abutting one another, no side yard is required provided that the city's building code requirements have been met.
5.
Minimum side yard adjacent to a residential district—Ten (10) percent of the lot width as measured along the front property line but need not to exceed fifty (50) feet.
C.
Maximum lot coverage: Sixty (60) percent including main and accessory buildings; maximum eighty-five (85) percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).
D.
Floor to area ratio (F.A.R.): The gross square footage of all structures, including primary and all accessory structures, shall not exceed an amount equal to six tenths (0.6) of a square foot for every square foot of the lot or tract in which they are located (0.6:1).
E.
Parking requirements:
1.
As established by section 28.50, Off-Street Parking and Loading Requirements.
28.35.5. Special requirements:
A.
Driveway spacing (distance between driveways, measured edge-to-edge):
1.
Highway—One (1) driveway per three hundred (300) linear feet of frontage or TxDOT regulations, whichever is applicable.
2.
Arterial street—One (1) driveway per one hundred (100) linear feet of frontage.
3.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
4.
Local street—One (1) driveway per fifty (50) linear feet of frontage
5.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Driveway separation from intersections (distance measured from the centerline of the rights-of-way to the pavement edge of the driveway):
1.
Highway intersection with another street—Three hundred (300) feet or TxDOT regulations, whichever is applicable.
2.
Arterial street intersection with another street—Two hundred fifty (250) feet.
3.
Collector street intersection with another street—One hundred (100) feet.
4.
Residential street intersection with another street—Fifty (50) feet.
C.
Site plan review: No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.
D.
Landscaping requirements: See section 28.51.
E.
Screening requirements: See section 28.53.
F.
Outside display of merchandise and seasonal items shall be limited to the following:
1.
Shall not be placed/located more than thirty (30) feet from the main building.
2.
Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property (except on a temporary basis only, which is a maximum of sixty (60) days per display and a maximum of two (2) displays per calendar year).
3.
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4.
Shall not extend into public right-of-way or onto adjacent property.
5.
All outside display items shall be removed at the end of business each day (except for large seasonal items such as living plants, Christmas trees).
6.
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
G.
[Permanent open storage:] Permanent open storage is prohibited.
H.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
I.
Other regulations: As established in the development standards, article V.
Sec. 28.36. - CR—Community Retail District.
28.36.1. General purpose and description:
This district is for moderate to medium-sized office, retail and commercial uses that serve a large section of the community. These uses should be located along the city's major thoroughfares since they will generate large amounts of traffic, glare, light, odor, and noise that are not generally considered compatible within the interior of residential areas. Multiple tenant facilities are appropriate within the CR Zoning District.
Those uses listed for the CR District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Three (3) stories but not to exceed fifty (50) feet for the main building(s), except maximum height shall be twenty-five (25) feet for any portion of a building that is located within one hundred fifty (150) feet of a residential zoning district.
B.
One (1) story for accessory buildings.
C.
Other (article V).
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred fifty (150) feet at the front property line with shared access; two hundred (200) feet at the front property line without shared access.
3.
Minimum lot width (lots other than those specified in 2. above)—One hundred (100) feet at the front building line.
4.
Minimum lot depth (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—Three hundred (300) feet.
5.
Minimum lot depth (lots other than those specified in 4. above)—None.
6.
Minimum lot frontage for cul-de-sac lots—Lots with frontage onto a cul-de-sac end shall provide for a minimum lot frontage of one hundred (100) feet at the front property line.
B.
Size of yards:
1.
Minimum front yard—Fifteen (15) feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see article V for additional setback requirements).
2.
Minimum rear yard adjacent to a residential zoning district:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
3.
Minimum side and rear yards not adjacent to a residential zoning district—When nonresidential uses are platted adjacent to other nonresidential uses and integrated into an overall development with lots or lease spaces abutting one another, no side yard is required provided that the city's building code requirements have been met.
4.
Minimum side yard adjacent to a residential district—Ten (10) percent of the lot width as measured along the front property line but need not to exceed fifty (50) feet.
C.
Maximum lot coverage: Sixty (60) percent including main and accessory buildings; maximum eighty-five (85) percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).
D.
Floor to area ratio (F.A.R.): The gross square footage of all structures, including primary and all accessory structures, shall not exceed an amount equal to the square footage of the lot or tract in which they are located (1:1).
E.
Parking requirements: As established by section 28.50, Off-Street Parking and Loading Requirements.
F.
Minimum design criteria:
1.
Orientation and scale of primary structure(s):
a.
Buildings located within thirty (30) feet of a street right-of-way shall have their primary orientation toward a front yard.
b.
Primary entrances:
1.
Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
2.
Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to primary entrances.
c.
Loading docks or loading areas shall be screened or not be visible from the street and may not be accessed directly from the street.
2.
Building materials for primary structures:
a.
Seventy-five (75) percent of any exposed exterior wall that is visible from a public street of main buildings, parking structures, and accessory buildings shall consist of exterior materials as required in section 28.54. Other finishes and materials may be used at the sole discretion of the city council if adopted as a condition of the site plan and if permitted by the City of Denison building and fire codes.
b.
Any finish permitted by the City of Denison, building and fire codes may be used on the remaining twenty-five (25) percent of any exposed exterior wall.
c.
The city council may allow, at its sole discretion, the use of concrete or concrete block on exterior walls that are not visible from a public right-of-way. These finishes must be consistent in color with the remainder of the building. These would include the walls of service courts and other facilities that are secluded from view by the specific design of a building or group of buildings.
d.
Glass:
1.
All exterior building materials comprised of glass shall have a maximum exterior visible reflectance of twenty (20) percent.
2.
Glass shall not comprise more than seventy (70) percent of the building skin.
3.
Parking lots with two hundred (200) spaces or more shall be divided into separate areas divided by landscaped areas or walkways measuring a minimum of ten (10) feet in width or by a building or group of buildings.
a.
Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building.
b.
Connections shall be made when feasible to any streets adjacent to the property and to any pedestrian facilities that connect to the property unless pedestrian and/or traffic hazards prohibit such connections.
c.
Adjacent nonresidential sites shall provide cross vehicular access between nonresidential lots.
28.36.5. Special requirements:
A.
Driveway spacing (distance between driveways, measured edge-to-edge):
1.
Highway—One (1) driveway per three hundred (300) linear feet of frontage or TxDOT regulations if applicable.
2.
Arterial street—One (1) driveway per one hundred (100) linear feet of frontage.
3.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
4.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
5.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Driveway separation from intersections (distance measured from the centerline of the rights-of-way to the pavement edge of the driveway).
1.
Highway intersection with another street—Three hundred (300) feet or TxDOT regulations if applicable.
2.
Arterial street intersection with another street—Two hundred fifty (250) feet.
3.
Collector street intersection with another street—One hundred (100) feet.
4
Residential street intersection with another street—Fifty (50) feet.
C.
Landscaping requirements: See section 28.51.
D.
Screening requirements: See section 28.53.
E.
Outside display of merchandise and seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
1.
Shall not be placed/located more than one hundred (100) feet from the main building.
2.
Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property (except on a temporary basis only, which is a maximum of sixty (60) days per display and a maximum of two (2) displays per calendar year).
3.
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4.
Shall not extend into public right-of-way or onto adjacent property.
5.
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
F.
[Permanent open storage:] Permanent open storage is prohibited.
G.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
H.
Other regulations: As established in the development standards, article V.
Sec. 28.37. - RR—Regional Retail District.
28.37.1. General purpose and description:
This district is for regional office, retail and commercial uses that serve a regional client base. These uses should be located at the city's major intersections since they will generate large amounts of traffic, glare, light, odor, and noise that are not generally considered compatible within the interior of residential areas. Multiple tenant facilities are appropriate within the RR Zoning District.
Those uses listed for the RR District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Eight (8) stories.
B.
One (1) story for accessory buildings.
C.
Other (article V).
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred fifty (150) feet at the front property line.
3.
Minimum lot width (lots other than those specified in 2. above)—One hundred (100) feet.
4.
Minimum lot depth (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred and fifty (150) feet.
5.
Minimum lot depth (lots other than those specified in 4. above)—None.
B.
Size of yards:
1.
Minimum front yard—Twenty-five (25) feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see article V for additional setback requirements).
2.
Minimum rear yard adjacent to a residential zoning district:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
c.
Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lots, except for accessory buildings allowed pursuant to this chapter and the ordinary projections of windowsills, belt courses, cornices, roof overhangs, and other architectural features projecting a maximum of four (4) feet into the required rear yard.
3.
Minimum Side and rear yards not adjacent to a residential zoning district—When nonresidential uses are platted adjacent to other nonresidential uses and integrated into an overall development with lots or lease spaces abutting one another, no side yard is required provided that the city's building code requirements have been met.
4.
Minimum side yard adjacent to a residential district—Ten (10) percent of the lot width as measured along the front property line but need not to exceed fifty (50) feet.
C.
Maximum lot coverage: Sixty (60) percent including main and accessory buildings; maximum ninety (90) percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).
D.
Floor to area ratio (F.A.R.): The gross square footage of all structures, including primary and all accessory structures, shall not exceed an amount equal to two (2) times the square footage of the lot or tract in which they are located (2:1).
E.
Parking requirements: As established by section 28.50, Off-Street Parking and Loading Requirements.
F.
Minimum design criteria:
1.
Orientation and scale of primary structure(s):
a.
Buildings located within thirty (30) feet of a street right-of-way shall have their primary orientation toward a front yard.
b.
Primary entrances:
1.
Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
2.
Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to primary entrances.
c.
Loading docks or loading areas are not permitted to be visible from the street and may not be accessed directly from the street.
2.
Building materials for primary structures:
a.
Seventy-five (75) percent of any exposed exterior wall that is visible from a public street of main buildings, parking structures, and accessory buildings shall consist of exterior materials as required in section 28.54. Other finishes and materials may be used at the sole discretion of the city council if adopted as a condition of the site plan and if permitted by the City of Denison building and fire codes.
b.
Any finish permitted by the City of Denison building and fire codes may be used on the remaining twenty-five (25) percent of any exposed exterior wall.
c.
The city council may allow, at its sole discretion, the use of concrete or concrete block on exterior walls that are not visible from a public right-of-way. These finishes must be consistent in color with the remainder of the building. These would include the walls of service courts and other facilities that are secluded from view by the specific design of a building or group of buildings.
d.
Glass:
1.
All exterior building materials comprised of glass shall have a maximum exterior visible reflectance of twenty (20) percent.
2.
Glass shall not comprise more than seventy (70) percent of the building skin.
3.
On-site circulation:
a.
Parking lots with two hundred (200) spaces or more shall be divided into separate areas divided by landscaped areas or walkways measuring a minimum of ten (10) feet in width or by a building or group of buildings.
b.
Developments of one (1) acre or more must provide a pedestrian circulation plan for the site. Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building.
c.
Connections shall be made when feasible to any streets adjacent to the property and to any pedestrian facilities that connect to the property unless pedestrian and/or traffic hazards prohibit such connections.
28.37.5. Special requirements:
A.
Driveway spacing (distance between driveways, measured edge-to-edge):
1.
Highway—One (1) driveway per three hundred (300) linear feet of frontage or TX DOT regulations if applicable.
2.
Arterial street—One (1) driveway per one hundred (100) linear feet of frontage.
3.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
4.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
5.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Driveway separation from intersections (distance measured from the centerline of the rights-of-way to the pavement edge of the driveway).
1.
Highway intersection with another street—Three hundred (300) feet or TxDOT regulations if applicable.
2.
Arterial street intersection with another street—Two hundred fifty (250) feet.
3.
Collector street intersection with another street—One hundred (100) feet.
4.
Residential street intersection with another street—Fifty (50) feet.
C.
Landscaping requirements: See section 28.51.
D.
Screening requirements: See section 28.53.
E.
Outside display of merchandise and seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
1.
Shall not be placed/located more than two hundred (200) feet from the main building.
2.
Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.
3.
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4.
Shall not extend into public right-of-way or onto adjacent property.
5.
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
F.
[Permanent open storage:] Permanent open storage is prohibited.
G.
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
H.
Other regulations: As established in the development standards, article V.
Sec. 28.38. - C—Commercial District.
28.38.1. General purpose and description:
The C—Commercial District is intended to provide a location for commercial and service-related establishments, such as wholesale product sales, welding and contractor shops, plumbing shops, automotive repair services, upholstery shops, and other similar commercial uses. Uses in this district may utilize open storage areas that are screened from public view. The uses envisioned for the district will typically utilize small sites and have operational characteristics that are generally not compatible with residential uses and most other types of nonresidential uses within the city.
Those uses listed for the C District in section 28.50 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.13.
Maximum height:
A.
Eight (8) stories.
B.
One (1) story for accessory buildings.
C.
Other (article V).
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred (100) feet at the front property line.
3.
Minimum lot width (lots other than those specified in 2. above)—None.
4.
Minimum Lot depth (lots fronting onto a collector, arterial or higher order street as designated on the thoroughfare plan, as amended)—One hundred fifty (150) feet.
5.
Minimum lot depth (lots other than those specified in 4. above)—None.
B.
Size of yards:
1.
Minimum front yard—Twenty-five (25) feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see article V for additional setback requirements).
2.
Minimum rear yard adjacent to a residential zoning district:
a.
No main residential building shall be located nearer than ten (10) feet.
b.
The main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one (1) side lot line with the opposite side lot line.
3.
Minimum side and rear yards not adjacent to a residential zoning district—When nonresidential uses are platted adjacent to other nonresidential uses and integrated into an overall development with lots or lease spaces abutting one another, no side yard is required provided that the city's building code requirements have been met.
4.
Minimum side yard adjacent to a residential district—Ten (10) percent of the lot width as measured along the front property line but need not to exceed fifty (50) feet.
C.
Maximum lot coverage: Seventy (70) percent including main and accessory buildings; maximum ninety (90) percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).
D.
Maximum floor area ratio (F.A.R.): The gross square footage of all structures, including primary and all accessory structures, shall not exceed an amount equal to two (2) times the square footage of the lot or tract in which they are located (2:1).
E.
Parking requirements: As established by section 28.50, Off-Street Parking and Loading Requirements.
28.38.5. Special requirements:
A.
Driveway spacing (i.e., distance between driveways, measured edge-to-edge):
1.
Arterial street—One (1) driveway per one hundred (100) linear of frontage or TxDOT regulations, whichever is applicable.
2.
Collector street—One (1) driveway per one hundred (100) feet linear feet of frontage.
3.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
4.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Landscaping requirements: See section 28.51.
C.
Screening requirements: See section 28.53.
D.
[Open storage limitations]: Open storage is limited to a maximum of five (5) percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of section 53 (i.e., cannot be visible from any public street or adjacent property).
E.
[Prohibited purposes]: Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.
F.
Other regulations: As established in the development standards, article V.
Sec. 28.39. - CA—Central Area District.
28.39.1. General purpose and description:
The CA—Central Area District is intended to be used only in the historic central business district of the City of Denison. The uses in this district are generally retail or office in nature and often rely on off-site parking. Uses also have minimal setback requirements due to the compact nature of the downtown area. Residential uses in conjunction with permitted nonresidential uses are also appropriate. Residential uses in the district shall be prohibited on the ground floor of buildings.
28.39.2. Permitted uses; Authorized uses:
A.
Those uses listed for the CA District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
B.
Operating a mobile food unit in the Central Area Zoning District requires a CUP. In addition to the criteria for approval found in section 28.11.10, Criteria for Approval, consideration should be given to the following:
1.
To locate in a parking lot, there must be at least fifteen (15) parking spaces in the parking lot. If there are multiple trucks per property, twenty (20) parking spaces per unit are required within the parking lot.
2.
Exterior lighting must be shielded so that the light source does not impact any adjacent residential properties.
3.
A mobile food unit is limited to signs attached to the exterior of the unit and one (1) menu board that must be placed adjacent to the truck. The signs must be secured and mounted flat against the unit and may not project more than twelve (12) inches from the exterior of the truck.
4.
Except within the Central Area District and as allowed by a CUP, mobile food units shall not utilize tables and chairs for customer seating unless it is a permitted outdoor event, or if the mobile food unit is located in a designated food truck park.
5.
If utilizing city facilities, permits must be obtained through the proper departments.
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width—Twenty-five (25) feet.
3.
Minimum lot depth—One hundred twenty (120) feet.
B.
Size of Yards:
1.
Minimum front yard—None.
2.
Minimum side yard—None.
3.
Minimum rear yard—None.
C.
Maximum lot coverage: One hundred (100) percent for the main structure and accessory buildings.
D.
Parking regulations: As established by section 28.50, Off-Street Parking and Loading Requirements.
E.
Maximum floor area ratio (F.A.R.): The gross square footage of all structures, including primary and all accessory structures, shall not exceed an amount equal to ten (10) times the square footage of the lot or tract in which they are located (10:1).
F.
Parking requirements:
1.
No off-street parking shall be required. Every effort shall be made to establish off-street parking for all new structures within two hundred (200) feet of the site.
28.39.5. Special requirements:
A.
Design standards for the CA District:
1.
False fronts or parapets may be added to existing buildings in order to add character and detail to simple facades.
2.
Predominant exterior finish colors shall be of fired brick, similar to that which is present on adjacent existing buildings (other masonry materials may also be considered during site plan review). Trim (i.e., lintels, sills, door jambs, cornices and other similar items) shall be brick, cast stone, stone, cast or wrought iron, or concrete, and colors shall be complementary to the predominant facade colors. Accent colors for friezes, doors and door frames, window frames and mullions, signage, awnings, moldings and other similar features shall be colors that are complementary to, and compatible with, the spirit and intent of the downtown streetscape (bright or fluorescent colors which were not typically used in early Texas downtowns shall not be used). Buildings with the primary exterior finish as metal are prohibited.
3.
Reflective glass shall not be used for windows; detailing for windows, doors and other openings shall be of wood, glass or a metal material that is complementary to the period or building style.
4.
Awnings/Canopies:
a.
Ratios—Awnings shall be at an appropriate scale to the building size and configuration. They shall not extend above the roofline of any single-story structure, or above the top of the second floor of any multi-story structure at the awnings' highest points. Awnings shall not completely obstruct any windows on the building.
b.
Projection—Since awnings must extend beyond the building face, a reasonable amount of projection shall be allowed. No awning shall extend more than five (5) feet outward from the building face/surface.
5.
Pedestrian streetscape—Pedestrian spaces shall be treated with amenities that are selected based upon their ability to unify the streetscape with the area's historic past. It is important that elements such as construction materials, colors, textures and fixture design complement the area's historic qualities. These features shall be repeated throughout the streetscape so as to unify the district as a whole.
B.
Storage: Open storage, mini-warehouses, and warehousing in general are prohibited in the CA District.
C.
Architectural design: The architectural design of buildings and sites shall strive to achieve the following objectives:
Architectural compatibility;
Integration of uses;
Encouragement of pedestrian activity;
Buildings that relate to, and are oriented toward, the pedestrian areas and surrounding
buildings; and
Buildings that contain special architectural features to signify entrances;
All building materials shall be established on architectural elevations and supporting information.
D.
Other regulations: As established in the development standards, article V.
(Ord. No. 4610, §§ 1, 2, 8-15-11; Ord. No. 5096, § 3, 1-4-21; Ord. No. 5275, § 3, 2-21-23)
Sec. 28.40. - BP—Business Park District.
28.40.1. General purpose and description:
The BP—Business Park District is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, and for warehousing, research and development, wholesaling and service operations. Such uses do require accessibility to major thoroughfares, major highways, and/or other means of transportation such as rail service.
Those uses listed for the BP District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses (i.e., CUP), respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
Maximum height:
A.
Two (2) stories but not to exceed thirty-five (35) feet for the main building(s), except maximum height shall be twenty-five (25) feet for any portion of a building that is located within one hundred fifty (150) feet of a residential zoning district.
B.
Other (article V).
A.
Size of lot:
1.
Minimum lot area—Twenty thousand (20,000) square feet, except one (1) acre (43,560 square feet) for any site having frontage along any highway or arterial as designated on the City of Denison Thoroughfare Plan, as amended.
2.
Minimum lot width—One hundred feet (100), except one hundred twenty (120) feet for any site having frontage along any highway or arterial as designated on the City of Denison Thoroughfare Plan, as amended.
3.
Minimum lot depth—One hundred fifty (150) feet.
B.
Size of yards:
1.
Minimum front yard—Forty (40) feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see article V for additional setback requirements).
2.
Minimum side and rear yard—Twenty (20) feet unless adjacent to a residentially zoned property (see below).
3.
Minimum side or rear yard adjacent to a residential district—One hundred fifty (150) feet.
C.
Maximum lot coverage: Fifty (50) percent including main and accessory buildings; maximum eighty (80) percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).
D.
Maximum floor area ratio (F.A.R.): One to one (1:1).
E.
Parking requirements: As established by section 28.50, Off-Street Parking and Loading Requirements.
28.40.5. Special requirements:
A.
Driveway spacing (i.e., distance between driveways, measured edge-to-edge):
1.
Highway—One (1) driveway per two hundred fifty (250) linear feet of frontage or TX DOT regulations if applicable.
2.
Arterial street—One (1) driveway per two hundred (200) linear feet of frontage.
3.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
4.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
5.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Site plan review: Review and approval of a site plan by the city (in accordance with section 28.13) shall be required for any tract/lot within the BP District.
C.
Landscaping requirements: See section 28.51.
D.
Screening requirements: See section 28.53.
E.
[Open storage:] Open storage is limited to a maximum of twenty (20) percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of section 28.53 (i.e., cannot be visible from any public street or adjacent property).
F.
[Prohibited purposes:] Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.
G.
Maintenance requirements for common areas: A property owners association is required for continued maintenance of any common land and facilities provided within the development.
H.
Other regulations: As established in the development standards, article V.
Sec. 28.41. - LI—Light Industrial District.
28.41.1. General purpose and description:
The LI—Light Industrial District is intended primarily for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, or other means of transportation.
The following uses are permitted in the LI District, provided that such manufacturing or industrial operation shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property on which such use is located and which produces no noise exceeding the average intensity of noise of street traffic at that point and provided that such use does not create fire hazards on surrounding property:
A.
Those uses listed for the LI District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
B.
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that no dust, odor, gas or smoke is emitted and not more than fifty (50) percent of the lot or tract is used for the open storage of products, materials, or equipment (see section 28.53 for additional screening requirements).
C.
A "high risk or hazardous industrial use" is permitted by specific use permit only. In this section, "high risk or hazardous industrial use" means any industrial use whose operation, in the opinion of the fire marshal, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of as defined in the Uniform Fire Code.
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width—None.
3.
Minimum lot depth—None.
B.
Size of yards:
1.
Minimum front yard—Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard (see section 28.42 for additional setback requirements).
2.
Minimum side and rear yard—None unless adjacent to a residentially zoned property (see below).
3.
Minimum side or rear yard adjacent to a residential district—One and one-half foot (1½) for every foot of building height as measured from the finished grade to the tallest point of the structure.
C.
Maximum lot coverage: None specified.
D.
Maximum floor area ratio (F.A.R.): One to one (1:1).
E.
Parking regulations: As established by section 28.50, Off-Street Parking and Loading Requirements.
28.41.5. Special requirements:
A.
Driveway spacing (i.e., distance between driveways, measured edge-to-edge):
1.
Highway—One (1) driveway per two hundred fifty (250) linear feet of frontage or TX DOT regulations if applicable.
2.
Arterial street—One (1) driveway per one hundred (100) linear feet of frontage.
3.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
4.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
5.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Site plan review: Review and approval of a site plan by the city (in accordance with section 28.13) shall be required for any tract/lot within the LI District.
C.
Landscaping requirements: See article V.
D.
Screening requirements: See article V.
E.
[Open storage limitations:] Open storage is limited to a maximum of fifty (50) percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of article V (i.e., cannot be visible from any public street or adjacent property).
F.
[Prohibited uses:] Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.
G.
Impound lots to be used as vehicle storage facilities: Vernon's Ann. Civ. St. art. 6687-9a defines a vehicle storage facility as a garage, parking lot, or any type of facility owned by a person other than a governmental entity for storing or parking ten (10) or more vehicles. The operator of a vehicle storage facility shall possess a permit issued by the state department of labor and standards, and all regulations of that department shall apply to the operation of such a facility. A visual screening fence shall be required on all sides of any property used as a vehicle storage facility. Impound lots are permitted only by CUP in the LI District.
H.
Other regulations: As established in the development standards, article V.
28.41.6. Compliance with state law and federal laws:
No uses shall be allowed which are prohibited by state law or which operate in excess of state or national environmental or pollution standards as determined by the U.S. Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or The Texas Natural Resource Conservation Commission, as the case may be.
Sec. 28.42. - HI—Heavy Industrial District.
28.42.1. General purpose and description:
The HI—Heavy Industrial District is intended primarily for the conduct of heavy manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, or other means of transportation.
The following uses are permitted in the HI District, provided that such manufacturing or industrial operation shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property on which such use is located and which produces no noise exceeding the average intensity of noise of street traffic at that point and provided that such use does not create fire hazards on surrounding property.
A.
Those uses listed for the HI District in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11.
B.
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that no dust, odor, gas or smoke is emitted.
C.
A "high risk or hazardous industrial use" is permitted by specific use permit only. In this section, "high risk or hazardous industrial use" means any industrial use whose operation, in the opinion of the fire marshal, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of as defined in the Uniform Fire Code.
A.
Size of lot:
1.
Minimum lot area—None.
2.
Minimum lot width—None.
3.
Minimum lot depth—None.
B.
Size of yards:
1.
Minimum front yard—Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard (see section 28.55 for additional setback requirements).
2.
Minimum side and rear yard—None unless adjacent to a residentially zoned property (see below).
3.
Minimum side or rear yard adjacent to a residential district—Two (2) for every foot of building height as measured from the finished grade to the tallest point of the structure.
C.
Maximum lot coverage: None specified.
D.
Maximum floor area ratio (F.A.R.) feet: One to two (1:2).
E.
Parking regulations: As established by section 28.50, Off-Street Parking and Loading Requirements.
28.42.5. Special requirements:
A.
Driveway spacing (i.e., distance between driveways, measured edge-to-edge):
1.
Highway—One (1) driveway per two hundred and fifty (250) linear feet of frontage or TX DOT regulations if applicable.
2.
Arterial street—One (1) driveway per two hundred (200) linear feet of frontage.
3.
Collector street—One (1) driveway per one hundred (100) linear feet of frontage.
4.
Local street—One (1) driveway per fifty (50) linear feet of frontage.
5.
Minimum distance from driveway to street corner—Fifty (50) feet, as measured from the street corner radius point of tangency.
B.
Site plan review: Review and approval of a site plan by the city (in accordance with section 28.13) shall be required for any tract/lot within the HI District.
C.
Landscaping requirements: See article V.
D.
Screening requirements: See article V.
E.
[Open storage limitations:] Open storage is limited to a maximum of fifty (50) percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of article V (i.e., cannot be visible from any public street or adjacent property).
F.
[Prohibited uses:] Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.
G.
Impound lots to be used as vehicle storage facilities. Vernon's Ann. Civ. St. art. 6687-9a defines a vehicle storage facility as a garage, parking lot, or any type of facility owned by a person other than a governmental entity for storing or parking ten (10) or more vehicles. The operator of a vehicle storage facility shall possess a permit issued by the state department of labor and standards, and all regulations of that department shall apply to the operation of such a facility. A visual screening fence shall be required on all sides of any property used as a vehicle storage facility. Impound lots are permitted only by CUP in the HI District.
H.
Other regulations: As established in the development standards, article V.
28.42.6. Compliance with state law and federal laws:
No uses shall be allowed which are prohibited by state law or which operate in excess of state or national environmental or pollution standards as determined by the U.S. Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or The Texas Natural Resource Conservation commission, as the case may be.
OVERLAY DISTRICTS
Sec. 28.43. - PD—Planned Development Overlay District.
28.43.1. Purpose, applicability, nature and size of district:
Purpose. The purpose of a Planned Development Zoning District ("PD District") is to provide for the development of land as an integral unit for single or mixed use in accordance with a PD concept plan that may include uses, regulations and other requirements that vary from the provisions of other zoning districts. PD Districts are intended to implement generally the goals and objectives of the city's comprehensive plan. PD Districts are also intended to encourage flexible and creative planning, to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to result in a higher quality development for the community than would result from the use of conventional zoning districts. In most circumstances, a PD District will be approved as an overlay zoning district. In circumstances, however, where newly annexed land is subject to an agreement that includes an integrated development plan and development standards that do not fit the purpose statement and standards of a base zoning district(s), the project may be approved as a freestanding PD District.
A PD District may only be established if one (1) or more of the following circumstances apply:
A.
The land is located in close proximity to established residential neighborhoods where conventional zoning classifications may not adequately address neighborhood concerns regarding the quality or compatibility of the adjacent development, and where it may be desirable to the neighborhood, the developer or the city to develop and implement mutually agreed, enforceable development standards;
B.
The land, or adjacent property that would be impacted by the development of the land, has sensitive or unique environmental features requiring a more flexible approach to zoning and clustering of uses, or special design standards, in order to afford the best possible protection of the unique qualities of the site or the adjacent property;
C.
The land is proposed for development as a mixed-use development or a traditional neighborhood development requiring more flexible and innovative design standards;
D.
The land consists of areas that are proposed for redevelopment or infill development, and special design considerations are deemed desirable;
E.
The land serves as transition between different and seemingly incompatible land uses;
F.
The land is proposed for development as a major office, retail, commercial or industrial employment center, and special design standards may be warranted;
G.
The land is of such a character that it is in the community's best interest to encourage high quality development through flexible development standards to further the goals and objectives of the city's comprehensive plan;
H.
The land consists of unusually configured parcels that cannot be developed efficiently under the base district standards; or
I.
Primarily vacant land has been annexed that is subject to an agreement that includes an integrated development plan and development standards that do not fit the purpose statement and standards of a base zoning district(s).
J.
Primarily vacant land has been annexed that is subject to a development agreement requiring use of lakeside development district standards to govern development.
28.43.3. Nature of the district:
Each PD District shall be established as an overlay zoning district that combines with one (1) or more base zoning districts, or as a freestanding district in the circumstances described in section 28.43.1. Development in a PD District must be consistent with a concept plan that is incorporated as part of the district by the adopting ordinance for the PD. The maximum density for any residential use within an overlay PD District shall not exceed the maximum density allowed in the base zoning district.
28.43.4. Minimum district size:
No PD District shall be established for a gross area less than two (2) acres.
A.
Base zoning district uses. Any use permitted outright or conditionally in the base district shall be permitted in the PD District, unless the use is prohibited or otherwise conditioned in the regulations adopted for the PD District. Uses designated as conditional uses in the land use chart in section 28.49 of this chapter may be authorized in the PD District only if designated on the concept plan adopted as part of the PD District, in which case the use does not require a separate conditional use permit under this chapter. In the case of freestanding PD Districts, any use authorized under this zoning chapter that is permitted in an approved development agreement may be established in the district.
B.
Overlay zoning district uses. The PD District may provide for uses not allowed in the base zoning district, provided that the uses are compatible with the stated purposes of the district and do not conflict with policies in the comprehensive plan, considering the arrangement, combination and design features of the uses within the PD District, as depicted on the concept plan.
C.
Location and arrangement of uses. The location and arrangement of all authorized uses in the PD District shall be consistent with the concept plan approved with the district.
D.
Limitations on residential uses in overlay districts. Proposed residential density in a PD Overlay District shall not exceed that permitted for the base district. Proposed lot sizes for residential uses in the PD District shall be no smaller than the lot sizes allowed in the base zoning district for each type of housing (e.g., single-family, duplex, etc.), unless specified within the planned development requirements.
E.
Deviations from the concept plan. Refer to subsection 28.43.9 for regulations related to deviations from the concept plan.
28.43.6. Development standards:
A.
Base district and supplemental standards. In a PD Overlay District, uses shall conform to the standards in the base zoning district governing area, building and height requirements in this chapter, and any applicable supplemental standards, unless specifically excepted in the ordinance establishing the PD District.
B.
Zoning district standards. In a PD Overlay District, standards otherwise applicable to authorized uses in the base zoning district or pursuant to this chapter may be varied, and thereafter shall be applied to the uses established in the PD District, only if approved in the ordinance establishing the PD District. Standards that may be varied include, but may not be limited to, residential density (28.43.5.D. above), lot area, lot width, lot depth, yard depths and widths, building height and size, building exterior construction, lot coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signage, sidewalks, and lighting. Varied standards may increase or decrease the requirements otherwise applicable to particular uses. Any graphic depictions used to illustrate such standards, unless otherwise provided in the PD District regulations, shall be considered standards that apply to subsequent development applications. In a freestanding PD District, zoning district standards shall be incorporated in the ordinance establishing the PD District for each proposed use consistent with an approved development agreement. The adopting ordinance may reference the standards in a base zoning district for a particular use, or other development standards of this zoning chapter.
C.
Public facilities standards. In order to implement the plan of development depicted in the concept plan and to assure that the purposes of the district are realized, public facilities standards in subdivision regulations (as applicable) may be varied, provided that such exceptions are expressly identified in the PD District regulations and illustrated where necessary on the concept plan incorporated as part of the district regulations. Thereafter, standards applicable to plat applications and applications for site plans shall conform to the variations approved in the ordinance establishing the PD District.
D.
Public facilities studies. In order to justify variations from public facilities standards pertaining to provision of roadway and drainage facilities and to demonstrate compliance with the adequate public facilities policies in this chapter, a traffic impact study or drainage study may be required as a pre-requisite for approving a petition for a PD District.
E.
Special Requirements for Single-Family and/or Duplex Development in Planned Development Districts—For planned development districts for which single-family and/or duplex development comprises a minimum of twenty-five (25) acres, the applicant shall submit a pattern book at the time of a PD application of house elevations for approval as part of the ordinance establishing the PD District. The applicant shall create an Architectural Control Committee (ACC) that has the opportunity to review all buildings for compliance with the pattern book, requirements of this chapter, and applicable development standards in the ordinance establishing the PD District. The applicant shall provide a written report from the ACC with each building permit application indicating that the building is consistent with the pattern book and applicable PD regulations. Changes to the pattern book within the PD shall be deemed as a minor amendment in accordance with section 28.13. The pattern book shall include the following design requirements:
1.
A minimum roof pitch of 8:12 for sixty-five percent (65%) of the area of a composition shingle roof, with a minimum 3:12 roof pitch for seventy-five percent (75%) of tile, slate or metal roofs.
2.
A minimum of four (4) distinctly different home elevations shall be built on the same side of the street. Similar elevations shall not face each other. The same elevation shall not be within three homes of each other on the same side of the street. Different exterior elevations can be achieved by meeting at least two (2) of the following criteria:
a.
Different roof forms/profiles;
b.
Different façades consisting of different window and door style and placement;
c.
Different entry treatment such as porches and columns;
d.
Different number of stories;
e.
Other elements as approved by the Architectural Control Committee.
28.43.7. Application requirements:
Specific items required. No application for a PD shall be accepted by the city until the following items have been submitted to the city by the applicant:
A.
A completed application form, including all requirements as stated on the application form;
B.
A deed or contract on the property or similar document indicating ownership;
C.
A concept plan, prepared in accordance with section 28.13 and section 28.43.8.
D.
A description of any development standards or requirements that are different from those in the base zoning district; or, in the case of a freestanding PD District, a complete set of development standards for each proposed use;
E.
A description of how any development standards or requirements that are different from those in the base district fulfill the ideals, goals, objectives, and/or concepts of the city's adopted comprehensive plan or any other formally adopted city planning document, such as the parks plan or public facility plan.
F.
A description of how any development standards or requirements that are different from those in the base district fulfill the items listed in A. through I. of 28.43.2.
A.
Requirement for concept plan. No PD District may be established without approval of a concept plan that illustrates the proposed location and arrangement of uses, the relationship of such uses to base zoning districts, development phasing, planned public improvements, open space, proposed amenities and the overall design of the development. Detailed requirements for the contents of a concept plan are as prescribed in section 28.13. The concept plan shall be incorporated as a component part of the PD District regulations, and shall be construed in conjunction with the authorized uses and development standards set forth in such regulations.
1.
Mixed use development: A concept plan may combine single-family residential components with nonresidential or multiple-family components.
2.
Open space plan: A concept plan for a freestanding PD District shall incorporate an open space plan including a minimum of twenty (20) percent of the gross land area of the district as open space.
B.
Consistency required. All development applications within the PD District shall be consistent with the incorporated concept plan; however, minor amendments in accordance with section 28.13 may be approved by the planning department. Failure of a subsequent development application to conform to the approved concept plan for the PD District shall result in denial of the application, unless the PD District regulations first are amended through incorporation of a concept plan with which the development application is consistent. All major deviations from the concept plan shall be submitted to the planning and zoning commission and city council for approval as an amendment of the PD District.
28.43.9. Approval criteria for a planned development district:
A.
Factors. The following criteria will be used by the city in deciding whether to approve, approve with modifications, or deny a petition for a PD District:
1.
The extent to which the land covered by the proposed PD District fits one (1) or more of the special circumstances in subsection 28.43.2 warranting a PD District classification.
2.
The extent to which the proposed PD District furthers the policies of the city's adopted comprehensive plan (as amended).
3.
The extent to which the proposed PD District will result in a superior development than could be achieved through conventional zoning classifications.
4.
The extent to which the proposed PD District will resolve or mitigate any compatibility issues with surrounding development.
5.
The extent to which proposed uses and the configuration of uses depicted in the concept plan are compatible with existing and planned adjoining uses;
6.
The extent to which the proposed development is consistent with adopted public facilities plans, including those related to water, wastewater, transportation, drainage and other public facilities; and
7.
The extent to which the proposed open space and recreational amenities within the development provide a superior living environment and enhanced recreational opportunities for residents of the district and for the public generally; in the case of a freestanding PD District, the extent to which the proposed open space plan meets the standards of subsection 28.27.5.F., Open Space.
B.
Conditions. The city council may impose such conditions to the PD District regulations and concept plan as are necessary to assure that the purpose of the PD District is implemented.
Items specific to the ordinance. The ordinance establishing a PD District shall incorporate the approved concept plan as part of the district regulations and shall set forth the following:
A.
The base zoning district(s) (where applicable) to be overlaid, together with the boundaries of the district(s);
B.
A statement as to the purpose and intent of the PD District established therein;
C.
The permitted, conditional and accessory uses authorized in the district, the location of such uses, the residential densities or other measurements of development intensity associated with base districts or phases of the development in conformance with the approved concept plan;
D.
The general standards applicable to development within the district, with or without reference to a base district, including but not limited to: Density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and such other requirements as the city council may deem necessary in order to implement the comprehensive plan, and the purposes of the PD District;
E.
Provisions stating that all zoning standards not expressly set forth for the district in the adopting ordinance shall be as provided in one (1) or more expressly referenced base zoning district(s), and that any standard in this chapter that has not been expressly varied in the adopting ordinance shall be applicable to subsequent development permits for land within the PD District;
F.
Design standards applicable to the development;
G.
For overlay PD Districts, a specific list of deviations from standards in the base zoning district(s), together with any standards in the ordinance which are to be varied for development within the PD District;
H.
Required dedications of land or public improvements and requirements for open space;
I.
A phasing schedule for the project, where applicable, setting forth the dates for submittal of site development plans and the timing of performance by the developer for dedications of land or public improvements and satisfaction of any conditions in relation to the phasing of development, where applicable; and
J.
Such additional conditions as are established by the council to assure that the PD District and concept plan are consistent with the stated purposes of the district.
(Ord. No. 4728, § 2, 2-3-14; Ord. No. 4870, § 3, 5-1-17; Ord. No. 4924, § 2(2.02), 12-11-17; Ord. No. 5146, § 3, 6-7-21; Ord. No. 5232, § 24, 9-19-22; Ord. No. 5245, § 14, 11-7-22)
Sec. 28.44. - NGB—Native Greenbelt Overlay District.
28.44.1. General purpose and description:
The purpose of this overlay district is to protect native vegetation and topography to serve as a buffer between residential and nonresidential uses.
There are no allowed uses in the NGB Overlay District. Save and except for such drainage improvements as may be dictated by the topography of the surrounding area, no alterations, improvements, buildings, walls, contouring or additions may be made by the owner of such area. It is the intent and purpose in creating such districts that the area within the district be undisturbed from its natural, vegetative state that exists at the time the district is proposed. The area serves as a screen and buffer between uses that might otherwise be incompatible.
28.44.3. Requirements for adjacent properties:
A.
Setback. No building or structure, except for a fence as hereinafter required, may be situated within twenty-five (25) feet of a Native Greenbelt District line.
B.
Fencing. At the time of development of tracts sharing a common district line with a Native Greenbelt District a solid screening fence of not less than six (6) feet in height shall be constructed wholly upon the property contiguous to such Native Greenbelt District. Fences constructed pursuant to the requirement of this subsection shall be of materials approved by the city for use in a residential district.
Sec. 28.45. - MO—Morton Street Overlay boundary.
28.45.1. General purpose and description:
The intent of the MO—Morton Street Overlay Boundary is to exercise greater control over the aesthetic, functional, and safety characteristics of development along the Morton Street Overlay Boundary where higher standards can effectively enhance the city's image as a desirable place to live, work, and shop.
A.
Those uses listed for the underlying zoning district in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses (i.e., CUP), respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11 except for the uses as follows, which shall be expressly prohibited within the MO District:
B.
The following uses shall be prohibited in the Morton Street Overlay Boundary:
1.
Used car sales.
2.
Portable building/carport display and sales.
3.
Manufactured home sales.
4.
Sand/gravel/caliche/stone sales or storage.
5.
E-cigarette, cigarette, cigar and/or tobacco retail shop.
6.
Tobacco bar.
The MO boundary applies to the future development, improvement or redevelopment of all land within the depth of a lot to a maximum of one hundred fifty (150) feet or to the entirety of any lot that has frontage on either side of the Morton Street right-of-way from F.M. 120/Morton Street at its intersection with York Ave., east to its intersection with Eddy Ave.
A.
The MO District standards apply to the following:
1.
Development of any land for which there is not improvement at the time of construction;
2.
An increase in any existing structure that is equal to or greater than fifty (50) percent of the existing square footage; or
3.
Any new construction on a lot that provides for an increase that is equal to or greater than fifty (50) percent of the lot or tract that is covered by a permanent structure(s).
B.
Unless otherwise specified by this section, the standards of the base district shall apply. Where there is a conflict between the standards of this subsection and those of the base district, the standards of this subsection shall apply.
28.45.5. Special requirements:
Minimum design criteria:
A.
Orientation and scale of primary structure(s):
1.
[Primary orientation:] Buildings shall have their primary orientation toward a front yard. Said primary orientation shall include a main or primary entrance that shall be designed to be attractive and functional, unless otherwise approved by the city council after recommendation by the planning and zoning commission.
2.
Primary entrances: Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
B.
Building materials for primary structures. Shall consist of seventy-five (75) percent exterior cladding to include brick, split face concrete block, glass, stone, cast stone, glass block, tile, cast metal or a combination of those materials for each side of a primary structure that is visible from a public street or an adjacent residentially zoned property. Said exterior cladding shall be exclusive of doors, windows, glass, and entryway treatments and atriums of glass and metal construction.
1.
Brick masonry is preferred for one hundred (100) percent of the exterior cladding; however, a minimum of fifty (50) percent of the exterior cladding of primary structures shall consist of stone masonry with the remaining fifty (50) percent of a primary structure being clad in brick, cast stone, cast metal, cementations composite fiberboard, decorative or split face concrete block.
2.
Metal siding shall be prohibited.
3.
A minimum of twenty-five (25) percent of the wall area facing a public street shall contain windows or doorways.
4.
Glass:
a.
Use of nonreflective glass for displays and to allow visual access to interior space is permitted.
b.
Glass shall not comprise more than fifty (50) percent of the building skin.
c.
Reflective glass shall be prohibited.
5.
The design of a development shall meet the following standards:
a.
Relationship of the structure(s) to the site:
1.
The site shall be designed to achieve a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement, and parking areas.
2.
Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.
3.
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
b.
Relationship of buildings and site to adjoining area:
1.
Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks, and materials.
2.
Attractive landscape transition to adjoining properties shall be provided.
3.
Harmony in texture, lines, and masses is required.
4.
Monotony shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings shall be used to prevent monotonous appearance.
c.
Building design:
1.
Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surrounding buildings.
2.
Buildings shall be harmonious and consistent with permanent, neighboring development.
3.
Design features—A minimum of two (2) of the following design features must be incorporated into the building elevation located immediately adjacent to a public street or roadway right-of-way:
a.
Decorative masonry course integrated into the top edge of the masonry facade of a parapet wall;
b.
Secondary cornice separating the ground floor from the second floor;
c.
Quoins located at the building corners;
d.
Canopies meeting the following standards:
1. Canopies shall be constructed of a permanent metal material; and
2. Canopies shall extend along seventy-five (75) percent of the total building frontage for each portion of a wall facing a public street or roadway right-of-way.
4.
Roofs:
a.
On flat roofs mechanical equipment shall be screened on all sides from public view.
b.
Pitched or gabled roofs shall contain a minimum 7:12 pitch (seven (7) feet of rise for every twelve (12) feet of run).
c.
Installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of twenty (20) years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval by the building official or designee.
C.
Landscaping. Landscaping shall be installed in accordance with section 28.51.6. However, the director of development services may approve a reduction in the minimum landscape strip width to five (5) feet and require only shrubs if the landscape strip prevents compliance with building setbacks or minimum parking requirements.
(Ord. No. 5314, § 3, 9-18-23; Ord. No. 5369, § 5, 10-21-24)
Sec. 28.46. - HO—Highway Oriented and Corridor District.
28.46.1. General purpose and description:
The intent of the HO District is to exercise greater control over the aesthetic, functional, and safety characteristics of development along U.S. Highway 75, Spur 503, F.M. 120 and F.M. 691 where higher standards can effectively enhance the city's image as a desirable place to live, work, and shop. This emphasis on how uses are designed and developed is the focus of the standards in this district.
A.
Those uses listed for the underlying zoning district in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses (i.e., CUP), respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11 except for the uses as follows, which shall be expressly prohibited within the HO District:
B.
The following uses shall be prohibited in the HO Overlay District:
1.
Reserved.
2.
Auto dealer-used primary use.
3.
Auto wrecker service.
4.
Kennels.
5.
Landscaping business except if not part of a home improvement center.
6.
Livestock sales.
7.
Machine shop.
8.
Maintenance and repair service for buildings.
9.
Manufactured home display, storage or sales.
10.
Motor freight company.
11.
Motorcycle dealer (used).
12.
Personal watercraft sales (used).
13.
Portable building sales (outdoor display).
14.
Sand, gravel, caliche, stone sales or storage.
15.
Sign manufacturing.
16.
Stables of any kind.
17.
Tire re-treading and capping.
18.
Trailer rental or RV sales.
19.
Reserved.
20.
Warehouse, storage.
21.
Welding shop.
22.
Window and door frame manufacturing.
23.
Wrecking or salvage yard.
24.
Used merchandise sales.
25.
Used vehicle sales (including motorcycles) as a primary use.
26.
E-cigarette, cigarette, cigar and/or tobacco retail shop.
27.
Tobacco bar.
C.
The following uses shall be allowed with an approved Conditional Use Permit (CUP):
1.
Warehouse (mini)/self-storage.
The HO District applies to the future development, improvement or redevelopment of all land within the depth of a lot to a maximum of one thousand (1,000) feet or to the entirety of any lot that has frontage on either side of the highway right-of-way along U.S. Highway 75, Spur 503, F.M. 120 and F.M. 691, whichever is greater. Boundaries for the HO District are as follows: U.S. Hwy. 75 from the city limits at F.M. 691 on the south, north to the city limits at the Red River; Spur 503 with its intersection of U.S. Hwy. 75 on the west, east to the railroad overpass at its intersection with Texoma Parkway (S.H. 91) and Eisenhower Parkway; F.M. 120 at its intersection with F.M. 1417 on the west, east to the intersection of F.M. 120 (Morton St) and York Ave.; F.M. 691 at its intersection with F.M. 1417 on the west, east to its intersection with Texoma Parkway (S.H. 91).
A.
The HO District standards apply to the following:
1.
Development of any land;
2.
An increase in any existing structure that is equal to or greater than thirty (30) percent of the existing square footage; or
3.
Any new construction on a lot that provides for an increase that is equal to or greater than thirty (30) percent of the lot or tract that is covered by a permanent structure(s).
B.
Unless otherwise specified by this section, the standards of the base district shall apply. Where there is a conflict between the standards of this subsection and those of the base District, the standards of this subsection shall apply.
C.
A site plan shall be required for all development in the HO District. In addition to the site plan requirements set forth in section 28.13, a complete set of architectural elevations shall be submitted for review.
28.46.5. Special area and design standards:
A.
Size of yards:
1.
Minimum front yard—Thirty (30) feet from ultimate right-of-way line of U.S. Highway 75, Spur 503, F.M. 120 or F.M. 691 all yards adjacent to a street shall be considered a front yard (see article V for additional setback requirements).
2.
Side yards—Forty (40) feet from any residential single-family dwelling.
B.
Minimum design criteria:
1.
Orientation and scale of primary structure(s).
a.
The design, color, materials and basic proportions of structures shall be harmonious with and complement the character and design of existing buildings, if appropriate.
b.
Primary entrances:
1.
Primary entrances should be emphasized by a dominant, recognizable feature through projecting or recessed forms, details, color, or material.
2.
Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to primary entrances.
3.
Loading docks or loading areas are not permitted to be visible from the street and may not be accessed directly from the street.
4.
These requirements may be waived if the building is not accessed by pedestrians, such as warehouses, industrial buildings without attached offices.
2.
Building materials for primary structures.
a.
These standards do not apply to those uses where the building or structure is fully screened from Highway 75, Spur 503, F.M. 120, F.M. 691 or any other roadway(s) designated on the Denison Thoroughfare Plan, as amended, by another building or structure.
b.
Shall consist of one hundred (100) percent exterior cladding to include brick, split face concrete block or panels, glass, stone, cast stone, glass block, tile, cementitious composite fiberboard, EFIS, or stucco, or a combination of those materials for each side of a primary structure that is visible from a public street or an adjacent residentially zoned property. Said exterior cladding shall be exclusive of doors, windows, glass, and entryway treatments and atriums of glass and metal construction.
c.
Metal siding shall be prohibited.
3.
Color—Establish a palette if options for exterior building colors for use throughout the project (or component in large scale mixed-use developments). The range should be wide enough to allow for variety, yet narrow enough to unify all buildings. The use of light tints and bright accents should be encouraged in lieu of earthtones.
4.
Architectural design.
a.
All facades of an individual building, multiple buildings in a shopping center, or integrated business development, and all roofing in a shopping center or integrated business development shall have similar architectural design.
b.
Review of the architectural design of a proposed development shall include, but not be limited to:
1.
Consistency of scale and proportion with any immediately adjacent buildings or structures;
2.
Design in relation to surrounding buildings;
3.
Design in relation to topography of the site;
4.
Design in relation to proposed landscaping; and
5.
Aesthetics of the proposed building, including color.
5.
The design of a development shall meet the following standards:
a.
Roofs:
1.
Flat roofs shall be screened on all sides by parapet or mansard walls.
2.
Pitched or gabled roofs shall contain a minimum 7:12 pitch (seven (7) feet of rise for every twelve (12) feet of run).
3.
Installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of twenty (20) years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval by the building official or designee.
b.
Glare and illumination. Site lighting is to provide safety and security and enhance the architectural and natural features of this site. Glare and illumination standards shall ensure that the mechanisms providing light do not negatively impact on the appearance of the site and ensure that light is contained to the extent that adjacent uses are not detrimentally affected (See section 28.57).
c.
Landscaping. Landscaping standards are used to promote a flexible framework of planting and green areas that enhance and safeguard property values while aiding in erosion control, noise abatement, glare and reflection control, buffering between land uses of different character and atmospheric purification (see section 28.51).
d.
Screening. Required screening shall accomplish visual screening of the site, noise attenuation, and barrier to vehicular traffic between nonresidential and residential uses, and serve as a psychological separation between uses which encourages the peace and repose of residents. Toward this goal, landscaping shall be used to break up the view and to aesthetically enhance screening devices (see section 28.53).
C.
Landscaping.
1.
Along the US 75 frontage road, a minimum thirty-foot wide landscape strip is required, which is measured from the property line and exclusive of rights-of-way. This landscape strip may be reduced to fifteen (15) feet in width if the combined width of the unpaved right-of-way and the landscaped edge is at least forty (40) feet.
a.
Within the landscape strip, one (1) tree with a minimum caliper of three (3) inches and one (1) ornamental tree with a minimum caliper of two (2) inches shall be planted at thirty (30) feet on-center in an alternating pattern. Trees may be planted in clusters not to exceed eight (80) feet between clusters.
b.
Where parking spaces are located adjacent to the landscape strip, evergreen shrubs, a minimum size of five (5) gallons and selected from the list of approved shrub materials in appendix C, shall be planted to provide a solid three-foot tall opaque screen within two (2) years of planting.
2.
Along intersecting streets that are designated as minor arterials or larger on the thoroughfare plan, a minimum fifteen-foot wide landscape strip is required within the boundaries of the HO district as described in section 28.46.3.
a.
Within the landscape strip, one (1) shade tree a minimum caliper of three (3) inches shall be planted at thirty (30) feet on-center. Trees may be planted in clusters not to exceed eighty (80) feet between clusters.
b.
Where parking spaces are located adjacent to the landscape strip, evergreen shrubs, a minimum size of five (5) gallons and chosen from the list of approved shrub materials in appendix C must be planted to provide a solid two (2) foot tall opaque screen within two (2) years of planting.
28.46.6. Special requirements:
A.
Screening walls and fences: All screening walls and fences, including residential subdivision fences, shall be set back a minimum of fifty (50) feet from a property line immediately adjacent to the right-of-way for any highway, arterial or collector as designated on the City of Denison Thoroughfare Plan, as amended.
B.
Open storage areas: All open storage areas, where permitted by the underlying zoning district, shall be set back a minimum of seventy-five (75) feet from the right-of-way for any highway, arterial or collector as designated on the City of Denison Thoroughfare Plan, as amended.
C.
Floodways/Creeks/Drainageways: No buildings, parking areas, or other impervious structures (except as noted herein) are permitted within the recognized floodway, as identified by the city engineer, or within fifty (50) feet of the high bank, whichever is greater, of a creek or other drainage way. Permitted exceptions include drainage-related structures and pavement, paved pedestrian or bike trails, picnic tables, and paved surfaces beneath picnic tables.
D.
Cross access required: Each lot must provide a "cross access and fire lane" easement that provides for access to immediately adjacent tracts. Said easement shall meet the following minimum criteria:
1.
Newly-dedicated easements shall align appropriately with previously dedicated or existing "cross access and fire lane" easements. Where no existing easement controls, the newly-dedicated easement may be located appropriately to the plans for development of the site.
2.
"Cross access and fire lane" easements shall contain a minimum width of twenty-four (24) feet or other such minimum width as required by the city.
3.
"Cross access and fire lane" easements shall contain minimum inside turning radii of twenty-five (25) feet.
E.
Utilities: Definitions.
1.
For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
a.
Feeder line—Any line, wire or cable which distributes, transmits or delivers a utility service to a general area and not to a specific end user.
b.
Lateral line—Any line, wire or cable used to distribute, transmit or deliver a utility service from a feeder line to two (2) or more sites or end users of the utility service.
c.
Service line—Any line, wire or cable used to distribute, transmit or deliver a utility service from a feeder or lateral line to an end user.
d.
Transmission line—Any line, wire or cable which distributes, transmits or delivers a utility service from a substation or generating plant to a feeder system.
2.
Placement requirements.
a.
Except as herein provided, all utilities within the HO District, which are within three hundred (300) feet of U. S. Highway, Spur 503, F.M. 120 or F. M. 691 the highway right-of-way, shall be placed underground.
b.
Transmission lines may be placed overhead no matter where they are located within the corridor.
c.
Location of feeder lines may be overhead, subject to the approval of such location by the planning and zoning commission. Feeder lines which cross the highway may be placed overhead, provided that they cross at plus or minus ten (10) degrees perpendicular to the centerline of the highway and that crossings are made at locations shown on an approved site plan.
d.
The planning and zoning commission may, through the standard review process, approve overhead placement of lateral lines, if it can be demonstrated that placement underground would be an undue financial hardship and that measures will be taken to minimize the visual impact of overhead utilities. Such measures shall include:
1.
Construction alternatives.
2.
Coordination and sharing of facilities and easements among all utilities with overhead lines.
3.
Placement of overhead lines behind structures in alleys and easements rather than in the highway right-of-way.
4.
Auxiliary equipment for underground utility service, such as transformers, connection enclosures, switching devices and amplifiers, may be pads-mounted on grade or placed underground.
3.
Additional requirements.
a.
All electrical distribution service lines shall be placed underground.
b.
All utility companies and city departments which provide utility service within the planned parkway development area shall share facilities and easements where possible to minimize the visual impact of overhead utilities.
c.
Any utility lines in place prior to the effective date of the ordinance from which this section was derived that are contrary to same are nonresidential conforming. However, relocation or substantial improvement of existing utility lines shall occur in accordance with the standards set forth herein. Substantial improvement shall mean any improvement which results in an increase in the capacity of existing lines, such as the addition of lines or upgrading the size of lines.
d.
The owner/developer is responsible for all costs involved in the location of utilities underground.
e.
The utility companies shall coordinate with the planning director on all site plans submitted.
F.
[Site plan:] A site plan prepared in accordance with section 28.15 must be submitted for approval by the planning and zoning commission.
1.
The planning and zoning commission shall review the specific elements of site and building plans for development within the HO development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
2.
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the requested exception or variation.
3.
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of six (6) months from the date of such denial.
4.
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the commission's action to the city council by filing a request for appeal with the city secretary within ten (10) days of the commission's decision. Such appeal shall be heard within thirty (30) calendar days.
(Ord. No. 5167, § 5, 10-4-21; Ord. No. 5314, § 3, 9-18-23; Ord. No. 5361, § 3, 7-15-24; Ord. No. 5369, § 6, 10-21-24)
Sec. 28.47. - CH—Commercial Historic Overlay District.
28.47.1. General purpose and description:
The CH—Commercial Historic Overlay District is intended to further the purposes set forth in chapter 30, specifically with regards to the authority of the historic preservation board and the historic preservation officer to review applications for certificates of appropriateness for compliance with the guidelines set forth therein.
28.47.2. Permitted uses; Authorized uses:
A.
The CH—Commercial Historic Overlay District shall not modify the uses allowed in the base zoning district of any property within the overlay. The permitted uses of the property will be determined and controlled by the use regulations set forth for the primary zoning district classification for the property.
B.
Operating a mobile food unit in the Downtown Historic District requires a CUP. In addition to the criteria for approval found in section 28.11.10, Criteria for Approval, consideration should be given to the following:
1.
To locate in a parking lot, there must be at least fifteen (15) parking spaces in the parking lot. If there are multiple trucks per property, twenty (20) parking spaces per unit are required within the parking lot.
2.
Exterior lighting must be shielded so that the light source does not impact any adjacent residential properties.
3.
A mobile food unit is limited to signs attached to the exterior of the unit and one (1) menu board that must be placed adjacent to the truck. The signs must be secured and mounted flat against the unit and may not project more than twelve (12) inches from the exterior of the truck.
4.
Mobile food units shall not utilize tables and chairs for customer seating unless it is a permitted outdoor event, allowed by a CUP, or if the mobile food unit is located in a designated food truck park.
5.
If utilizing city facilities, permits must be obtained through the proper departments.
C.
The following use shall be prohibited in the Commercial Historic Overlay District:
1.
E-cigarette, cigarette, cigar and/or tobacco retail shop.
2.
Tobacco bar.
28.47.3. Commercial Historic Overlay District:
Commercial Historic Overlay District: Areas and structures designated as falling within the "CH—Commercial Historic Overlay District" as provided by this section 28.47.3 and shown accordingly on the zoning map for the City of Denison, shall be subject to the regulations of chapter 30.
Boundary: The Commercial Historic Overlay District includes the Downtown Historic District as recognized by the National Register of Historic Places and is more particularly described as follows:
Beginning at the common point of the east right-of-way line of North Barrett Avenue and the south right-of-way line of West Gandy Street;
Thence in an easterly direction with the south right-of-way line of West Gandy Avenue, across Houston Avenue, and along the south right-of-way line of East Gandy Avenue to the point where such line intersects the railroad right-of-way of the Union Pacific Railroad;
Thence in southerly direction with such railroad right-of-way to the point that intersects the north right-of-way line with East Main Street;
Thence in an easterly direction along the north right-of-way line of East Main Street to its intersection with the northerly projection of the east boundary line of Lot 14, Block 56, Original Town Plat of the city;
Thence in a southerly direction across East Main Street with a line that is the extension of the east boundary of said Lot 14, Block 56, (OTP) to a point for a corner being the southeast corner of The Travelers Hotel property that is also the southeast corner of said Lot 14;
Thence in a westerly direction along the south line of The Travelers Hotel Property being the southern boundary of Lots 14, 15, and 16, Block 56, OTP to the point of intersection with the east right-of-way line with South Crockett Avenue;
Thence in a northerly direction along the east right-of-way line of South Crocket Avenue to the point of intersection with the south right-of-way line of East Main Street;
Thence in a westerly direction along the south right-of-way line of East Main Street to a point of intersect with the western boundary of the railroad right-of-way of the Union Pacific Railroad;
Thence in a southerly direction along the western boundary of the railroad right-of-way of the Union Pacific Railroad to a point intersecting the easterly projection of the north right-of-way line of East Crawford Street;
Thence in a westerly direction along the north right-of-way line of East Crawford Street, across Houston Avenue, along the north right-of-way line of West Crawford Street to its intersection with the east right-of-way line of South Barrett Avenue;
Thence in a northerly direction along the east right-of-way line of South Barrett Avenue to a point of intersection with the easterly extension of the centerline of the alley separating the 700 blocks of West Main Street and West Chestnut Street;
Thence in a westerly direction along the centerline of such alley to a point of intersection with the east right-of-way line of South Armstrong Avenue;
Thence in a northerly direction along the east right-of-way line of South Armstrong Avenue, across West Main Street, then along the east right-of-way line of North Armstrong Avenue to a point of intersection with the south right-of-way line of West Woodard Street;
Thence in an easterly direction along the south right-of-way line of West Woodard Street to a point of intersection with the east right-of-way line of North Barrett Avenue;
Thence in a northerly direction along the east right-of-way line of North Barrett Avenue to the point of intersection with the south right-of-way line of West Gandy Street, said point being also the point of beginning.
The Commercial Historic Overlay District is shown on the zoning map, which is attached hereto and incorporated herein for all intents and purposes.
(Ord. No. 4937, § 4, 3-19-18; Ord. No. 5096, § 3C, 1-4-21; Ord. No. 5369, § 7, 10-21-24)
Editor's note— Ord. No. 4937, § 4, adopted March 19, 2018, repealed § 28.47 and enacted new provisions to read as herein set out. Former § 28.47 pertained to the H—Historic Overlay District, and derived from Ord. No. 4650, §§ 1—3, adopted April 16, 2012.
Sec. 28.48. - AO—Austin Avenue Overlay District.
28.48.1. General purpose and description:
The intent of the AO—Austin Avenue District is to exercise greater control over the aesthetic, functional, and safety characteristics of development along the Austin Avenue corridor where higher standards can effectively enhance the city's image as a desirable place to live, work, and shop.
A.
Those uses listed for the underlying zoning district in section 28.49 as "P" or "C" are authorized uses permitted by right or conditionally permitted uses (i.e., CUP), respectively. Conditional uses must be approved utilizing procedures set forth in section 28.11 except for the uses as follows, which shall be expressly prohibited within the AO District:
B.
The following uses shall be prohibited in the Austin Street Corridor District:
1.
Manufactured home sales or storage.
2.
Sand/Gravel/Caliche/Stone sales or storage.
3.
Portable building/carport display and sales.
4.
E-cigarette, cigarette, cigar and/or tobacco retail shop.
5.
Tobacco bar.
The AO District applies to the future development, improvement or redevelopment of all land within the depth of a lot to a maximum of one hundred fifty (150) feet or to the entirety of any lot that has frontage on either side of the Austin Avenue right-of-way from Eisenhower Parkway on the south at the rail road overpass at the intersection of Spur 503/Texoma Parkway (S.H. 91)/Eisenhower Parkway north along Austin Ave./U.S. Hwy. 69 north to the intersection with the HO District at the intersection of U.S. Hwy. 69/75 on the north, whichever is greater.
A.
The AO District standards apply to the following:
1.
Development of any land for which there is not improvement at the time of construction;
2.
An increase in any existing structure that is equal to or greater than fifty (50) percent of the existing square footage; or
3.
Any new construction on a lot that provides for an increase that is equal to or greater than fifty (50) percent of the lot or tract that is covered by a permanent structure(s).
B.
Unless otherwise specified by this section, the standards of the base district shall apply. Where there is a conflict between the standards of this subsection and those of the base district, the standards of this subsection shall apply.
28.48.5. Special requirements:
Minimum design criteria:
A.
Orientation and scale of primary structure(s):
1.
Buildings shall have their primary orientation toward a front yard. Said primary orientation shall include a main or primary entrance that shall be designed to be attractive and functional, unless otherwise approved by the city council after recommendation by the planning and zoning commission.
2.
Primary entrances: Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
B.
Building materials for primary structures.
1.
Shall consist of seventy-five (75) percent exterior cladding to include brick, split face concrete block, glass, stone, cast stone, glass block, tile, cast metal or a combination of those materials for each side of a primary structure that is visible from a public street or an adjacent residentially zoned property. Said exterior cladding shall be exclusive of doors, windows, glass, and entryway treatments and atriums of glass and metal construction.
a.
Brick masonry is preferred for one hundred (100) percent of the exterior cladding; however, a minimum of fifty (50) percent of the exterior cladding of primary structures shall consist of stone masonry with the remaining fifty (50) percent of a primary structure being clad in brick, cast stone, cast metal, cementitious composite fiberboard, decorative or split face concrete block.
b.
Metal siding shall be prohibited.
c.
A minimum of twenty-five (25) percent of the wall area facing a public street shall contain windows or doorways.
d.
Glass:
i.
Use of nonreflective glass for displays and to allow visual access to interior space is permitted.
ii.
Glass shall not comprise more than fifty (50) percent of the building skin.
iii.
Reflective glass shall be prohibited.
C.
The design of a development shall meet the following standards:
1.
Relationship of the structure(s) to the site:
a.
The site shall be designed to achieve a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement, and parking areas.
b.
Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.
c.
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
2.
Relationship of buildings and site to adjoining area:
a.
Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks, and materials.
b.
Attractive landscape transition to adjoining properties shall be provided.
c.
Harmony in texture, lines, and masses is required.
d.
Monotony shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings shall be used to prevent monotonous appearance.
3.
Building design:
a.
Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surrounding buildings.
b.
Buildings shall be harmonious and consistent with permanent, neighboring development.
c.
Design features. A minimum of two (2) of the following design features must be incorporated into the building elevation located immediately adjacent to a public street or roadway right-of-way:
i.
Decorative masonry course integrated into the top edge of the masonry facade of a parapet wall;
ii.
Secondary cornice separating the ground floor from the second floor;
iii.
Quoins located at the building corners;
iv.
Canopies meeting the following standards: (a.) Canopies shall be constructed of a permanent metal material; and (b.) Canopies shall extend along seventy-five (75) percent of the total building frontage for each portion of a wall facing a public street or roadway right-of-way.
4.
Roofs:
a.
On flat roofs mechanical equipment shall be screened on all sides from public view. Pitched or gabled roofs shall contain a minimum 7:12 pitch (seven (7) feet of rise for every twelve (12) feet of run).
b.
Installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of twenty (20) years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval by the building official or designee.
D.
Landscaping. Landscaping shall be installed in accordance with section 28.51.6 in the Austin Avenue Overlay District from the railroad overpass at the intersection of Spur 503/Texoma Parkway and U.S. Hwy. 69 and Walker Street to the intersection of U.S. Hwy. 69175. Within the remaining segment of the Austin Avenue Overlay District, the director of development services may approve a reduction in the minimum landscape strip width to five (5) feet and require only shrubs if the landscape strip prevents compliance with building setbacks or minimum parking requirements.
(Ord. No. 5314, § 3, 9-18-23; Ord. No. 5369, § 8, 10-21-24)
28.48A. - Reserved.
Editor's note— Section 3 of Ord. No. 5181, adopted Dec. 13, 2021, repealed former § 28.48A, which pertained to RI-Residential Infill Overlay District, and derived from Ord. No. 4946, § 3, adopted May 7, 2018; and Ord. No. 5078, § 3, adopted Sept. 21, 2020.