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R • # • ' ! I! I! #' • ' •

DATE. (DCA18-0001)

WHEREAS, pursuant to Ordinance Na. 2002- 040, the City Council of the City of Denton, Texas adopted the Denton Development Code ( the " DDC"}; and

WHEREAS, the City desires to amend Subchapter 35. 5 Zoning Districts and Limitatiansof the DDC in order to amend the limitations related to mixed-use development requirements for

multi- family uses that exist in the City; and

WHEREAS, an February 7, 2018, the Planning and Zoning Commission, in compliancewith the laws of the State af Texas, have given the requisite notices by publication, and have helddue hearings and have recommended approval [ 6- 0] af the amendments to the Denton

Development Code; and

WHEREAS, on February 20, 201$ the City Council likewise canducted a public hearingin accardance with local and state law and the City Council hereby finds that the subjectamendments to Subchapter 35. 5 of the DDC are consistent with the City' s comprehensive plan, and federal, state, and lacal law are in best interests of the citizens of the City of Denton; NOW, THEREFORE,

1

r . - , .

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SECTION 4. If any provision of this ordinance or the application thereof to any person orcircumstance is held invalid by any court, such invalidity shall not affect the validity of theprovisions or applications, and to this end the provisions of this ordinance are severable.

S:\ Legal\ Our pocuments\Ordinances\ 18\ DCA18-0001 Ordinance.docx

SECTION 5. That an offense committed before the effective date of this ordinance is

governe...... p...........,...... d b r' or law and the provisions of the Denton Code of Ordinances, as amended, in effectwhen the offense was committed and the former law is continued in effect for this purpose.

SECTION 6. In compliance with Section 2. 09( c) of the Denton Charter, this ordinance

shall become effective fourteen ( 14) days from the date of its passage, and the City Secretary ishereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten ( 10) days of thedate of its passage.

PASSED AND APPROVED this the ! day of ,, w ,, _ 2018.

i1

w' "" A " . ^ ..................... ......... S, MAYOR

ATTEST:

JENNIFER WALTERS, CITY SECRETARY

BY

M

BY:

I,egaf\ Our I?ocurnen6s\ Ordinances\ I \ DCA18-0001 Ordinanc, dacx

EXHIBIT A

Subchapter 5- Zoning Districts and Limitations

35, 5. 4. - Community Mixed Use Centers. 35. 5. 4. 1. Purpose.

The purpose of the Community Mixed Use Centers is to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surroundingcommunity. Land Use categories within the Community Mixed Use Centers include:

CM-G

CM-E

35. 5.4.2. Permitted Uses.

Community Mixed Use General

Communi _ _ . ty Mixed Use Employment

The following uses are permitted within Community Mixed Use Centers:

Residential Land Use Categories CM-G CM-E

Accessory Dwelling Units N Nm., H... . . _ . _ _ _ .. _ ...... _

Agriculture P u P

Attached Single- family Dwellings N l e e. . _ ., .. .... - -

Community Homes For the Disabled P Pe.......

Dormitor N N

Duplexes ( N N

Dwellings Above Businesses P Nw . .. ...

Fraternity or Sorority House N N

Group Homes N Ne. _ _ . _ ,..,,,,,,. .

Livestock L(7) L(7) e.. _

an.... A.,,,,_ ... . __

Live/Work Units P Nee,.. . ._ _ . ,, ,

ee _ .........

Manufactured Housing Developments N N

Multi-Family Dwellings L(4) L(4) A. . _ --

Single- family Dwellings T T I 1

P- Permitted, N- Not ermitted, SUP= S ecific Use Permit Re uirep p q d, L(X)=Limited as defined

in Section 35. 5. 8

Commercial Land Use Categories CM-G CM-En.. ... . . _ __

Administrative or Research Facilities P P

Auto and RV Sales P

y:\ l.ep; a\( Lar c aszr w t,\ 4 rdia ar ce\ l\:) C; 1$-(.}( iQl C.}• diw an c. doc

Bar P L( 14} b . .,.,....

Bed and Breakfast p N

Broadcasting of Praduction Studia P Pm .__

Commercial Parking Lots P P

Drive-through Facility _ _. _ _,. PC

p

Equestrian Facilities N Ne........ __ _ .... _ ,.,

m,. __.... _ eee,,,.. ,.

Home Occupation N N

Hotels P pr .. ., a , ., m _ .

m. . _..

Indoor Recreation P Pm ...._., _ _. , ., . _.

m , . ,.. . . ., m n e..,

Laundry Facilities P P

Major Event Entertainment SUP Nw

Medical Office p pe_. w...,,..., . _ . ... ....

Motels P P

Movie Theaters SUP Na m ........ __ _ ..... . _ . _ .,.,..,..

Outdoor Recreation P Nro...... _. ,

n

Private Club P L( 14} m,_. m._ ... _ ...

Professional Services and Offices P Pa,,,.,_ _

a..,, _ _. ___ _

Quick Vehicle Servicing P li PY ........_ _ __ W .»,,.,,,,,, _. _ .._

Restaurant P L( 14) w - _ _

m..... ,_. . ..

Retail Sales and Service P L( 14)

S.. _. _ ............, _e._.. _ e........ _ _ _

ale of Products Grown on Site N Nu . _ _.

a

Self-service Storage SUP L(35) Na. ...... _ _. _ _. _ _ . .

w, ,,,,,,. — ---

Sexually Oriented Business N Nmm e.

Temporary Uses 4 L(38} L(38) m __.

Vehicle Repair { P pw ... ..._ ___ . .,.,

P= Permitted, N=Not permitted, SUP Specific Use Permit Required, L(X}=Limited as defined

in Section 35. 5. 8

Industrial Land Use CategoriesM

Bakeries

Compressor Stations

Const.... .. . . ruction Materials Sales

Craft Alcohol Production

CM-G

P

N

N

L( 12)

CM-E

L(25).

N

N

L( 12)

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Distribution Center/Warehouse, General N I Ne......_ , . _, _ _ _ _....... . _ __ .

Feed Lots u l i ie............. _ . . _ , __

Food Processing N 1

Gas Wells . L(27} L(27)

Heavy Manufacturing N Nv _.,._, _

Junk Yards and Auto Wrecking N N

Kennels N N

Li ht Manufacturi g . _ ,.,.,,,,,.. g n N N

Manufacture ofNon-odorifero _ . .. .. . _. us Foods N L(25) w .. .... ._ ,. _ .

e_. .,,...

Printing/Publishing P L(25) 7.., e.. ....,_ _

Sanitary Landfills, Commercial Incinerators, Transfer Stations N Ne....... ,, , n n _.. -- __ .

eterinary Clinics P Pn, ., . _ e... . , m,. , ..... _

Wholesale Nurseries N Nmm... _ .

Warehouse, Retail N N

Wholesale Sales N Nn _ ...., a _.. . _ ..

Wrecker Services and Impaund Lots N N

P= Permitted, N=Not permitted, SUP= Specific Use Permit Required, L(X)=Limited as defined

in Section 35. 5. 8

Institutianal Land Use Categories

Adult or Child Day Care

Basic Utilities

Business/ Trade School

Cemeteries

Churches

Colleges

Community Service

Conference/ Convention Centers

Elderly Housing

Electric Substations and Switch Stations

High School

Hospital Services

Kindergarten, Elementary School

CM-G

P

SUP

P

N

P

P

P

P

N

L(43}

P

N

P

CM-E

N

SUP

P

N

P

P

P

P

T

L(43)

P

N

P

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MeC11Ca1 ; I1ri1C p P

Middle School P P

Martuaries P P

Park

m .., . . . _ _

s and Open Space P

Semi- ublic Halls Clubs, and Lod es _

aene ..... _

P.. Pp , g

WECS (Building-mounted} SUP SUPM, _ _ M ................ .,...,. _, _. . _ _.....

WECS ( Free- standing Monapole Suppart Structure) SUP SUPn.. . ,.,...,.

P= Permitted, N= not permitted, SUP = Specific Use Permit Required, L(X} = Limited as

deiined in Section 35. 5. 8

General regulations of the Community Mixed Use Centers are in the table below:

General Regulations CM-G

Minimum lat area ( square feet) 2, 500

Minimum lat width50

w __

feet

Minimum lot depth50

feet

Minimum front yard setback Nonee e .

mee .... .. _.

Minimum side yard None

Minimum side yard adjacent to a street Nonee , a W.. .

Minimum yard abutting a residential 20

use or district feete ........ ... ..... . _

Maximum FAR 1. 5

Minimum residential unit size 500

SF

Maximum lot coverage 80%

Minimum landscaped area 20% m n __ _. ... ._ .........

Maximum building height65

j feetw ....,..

75Maximum WECS height

feet

35. 5. 5. - Regional Mixed Use Ceniers,

35. 5. 5. 1. Purpase.

50 feet

50 feet

10 feetmm.., .._.

None

10 feet

20 feet, plus 1 foat for each foot of buildingheight above 30 feet

na

0. 75

None

85%

15%

65 feet

75 feet

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The purpose of Regional Mixed Use Centers is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. Land Use categories within Regional Mixed Use Centers include:

RCR- 1

RCR-2

RCC-N

RCC-D

35. 5. 5. 2. Permitted Uses.

Regional Center Residential 1

Regional Center Residential 2m_ _ ....__ .

Regional Center Commercial Neighborhooda..,,

Regianal Center Commercial Downtown

The following uses are permitted within Regional Mixed Use Centers:

Residential Land Use Categories RCR- 1 RCR-2 RCC-N ( RCC-D

Accessor Dwellin Units ...... .. N N ... y g N N

g __ . . ._.. ,, .., ... ... A riculture P P P Pe..... e................,.........., e _ _ __ .._ _

Attached Single- family Dwellings P P P Pm

Communit Homes For the Disabled P P P P

Dormitory N N T Nn... _ _...

Duplexes N N N N

Dwellings Above Businesses P P P P

Fratermty or Sorority Ho -, _ ....

w,

use N I0T N Nm,,, n,. „ ... _ _

Group Homes ( SUP SUP SUP SUP

Livestock L(7) L(7) L( 7) L(7)

Live/ Work Units p - P pn ",

C __ __ P

g .._ ... . .. . . . Manufactured Housin Developments N N N Ne....

Multi-Family Dwellings L(4) L(4) L(4) L(4) a,,, _

Single- family Dwellings N N 1' Neee m.. . , ... _

P= Permitted, N=Not permitted, SUP= Specific Use Permit Required, L(X)=Limited as deiined

in Sectian 35. 5. 8

Commercial Land Use Categories

Administrative or Research Facilitiese _ . ...... .....

Auto and RV Sales

Bar

Bed and Breakfast

RCR- 1

SLT'

N

L( 11)

L( 8)

RCR-2

SUP

N

L( 11)

L(9)

RCC-N

L( 14)

N

P

L(9)

RCC-D

P

P

P

P

S:\[, egal\ C} ur T acuments\ Ordanances\ 18\ DCfll - 0001 Ordin nce. docx

Broadcasting of Production Studio SUP I SLTF I P ( Pem m... ...... .

Commercial Parking Lots I N II I P c PU Y !

Drive-through Facility N p I P P

q .,,,, ..... __... _ E uestrian Facilities l N I Nm _ ... _ .

Hotels N N P Pm. _ _.._

Home Occupation P ' P P

Indoor Recr ......., ............................ _

e

eation II N i [ P Pu _.... ,. !? .

Laundry Facilities P P P Pm.... o......... .

n _ ..

Major Event Entertainment N N SUP SUP

MedicalOffice , L( 15) L( 14) L( 14) P

Motels N N P N

Movie Theaters SUP SUP P Pe. . _ _...

Outdoor Recreation SUP SUP N l e__ w ,,,,,, _

Private Club L( l l) L( 11) P P

Professional Services and Offices L( 15) L( 14) P P

g , _ ,, ... .... . .. uick Vehicle Servicin N N P P

Restaurant L( 11) L( 11) P Pti„, n n n,,., .., . .. . .. , . _,... .

Retail Sales and Service L( 17} L( 17) L( 13} Pm. n n A...,. _ _ .. . . ........

Sale of Products Grown on Site N N N Nn_ .

e,.,., _ _ _. ..

Self-service Stora e N N N Ne.

g _ m... _ w ............. . __.

Sexually Oriented Business N N N Nm .._..

ee — --

Temporary Uses L(38) L(38) L(3$) L(38) ee.. . ._ ,. , m. . . __

Vehicle Repair N N N Pw _

P= Permitted, NJNot permitted, SUP= Speciiic Use Permit Required, L(X}=Limited as defined

in Section 35. 5. 8

Industrial Land Use Categories

Bakeries

Compressor Stations

Construction Materials Saleseeee. . _ ... n. .

Craft Alcohol Production

Distribution Center/Warehouse, Generalw .

Feed Lots

S:\ Legal\ Our I aeurnents\ Ordie ances\ 18\ I3C; P. 18 0001 Ordieras ce. daex

Food Processing N I N Ne...... ,, _..

Gas Wel1s L(27) L(27} ( 7) L(27)

Heavy Manufacturing ', N N N N

Junk Yards and Auto Wrecki g ( n ,, N N . N I

Kennels N N I`T Neee _ ..__ r.e..........,,...... _.. _ . _.

Light Manufacturing N N N L(23} n n _ ... .

n, ... ... . _

iManufacture of Non-odoriferous Foods N N N Nne,_., _.

Printing/Publishing I I N N Nm_, ., ., ..,.. _ , e, __ _ .... ..

Sanitary Landfills, Commercial Incinerators, Transfer N N N NStations

e.. ...... .. .,.

Veterinary Clinics SUP I SUP L( 14} P d ... , _..

rehouse, Retail

M

N G N L( 13} L( 13) Wa

Wholesale Nurseries _., _ N N N l

Wholesale Sales N , N N N9,,, . ..__ , _ _

Wrecker Services and Impound Lots N , N N Na. .. ._... . ......., _ ,

P= Permitted, N=Not permitted, SUP= Specific Use Permit Required, L(X) = Limited as

defined in Section 35. 5. 8

Institutional Land Use Categories

Adult or Child Day Care

Basic Utilities

Business/Trade School

Cemeteries

Churches

Colleges

Community Service

Conference/ Convention Centers

Elderly Housing

Electric Substations and 5witch Stations

High School

Hospital Services

Kindergarten, Elementary School

Medical Clinic

RCR- 1

P

SUP

N

N

P

N

P

1

P

L(43}

SUP

N

P

SUP

RCR-2

P

SUP

N

N

P

N

P

I

P

L(43}

SUP

N

P

SUP

RCC-N

P

SUP

L( 14) w ....

N

P

P

P

P

L(43)

P

P

P

P

RCC-D

P

SUP

P

N

P

P

P

P

L(43}

P

P

N

P

S:\ Legal\ Our pocuments\Ordinances\ 18\ DCA18- 0001 drdinance.docx

Middle School P P P u Pm, m, m _

w w

Mortuaries I I P Pm _ , m ,, _ _.

P rks nd p n Spa P P Pn n,,.. . .. ...

Semi-public, Halls, Clubs, and Lodges P P Pe__... . , .,.,,, . ,

WECS (Building-mounted) SU' SUP UP iTI'

WECS Free- standin Mono ole Su ort Stru ""

lA

g p pp cture) SUP S 1 S SUP

P= Permitted N—Not ermitted, S - .... .. _. . _. _ _ p UP—Specific Use Permit Required, L(X) Limited as defined

in Section 35, 5. 8

35. 5. 5. 3. General Regulations.

General regulations of the Regional Mixed Use Centers are contained in the table below:

m _. _ . ............. , _ . .

GeneralRCR- 1 , RCR-2 RCC-N RCC- D

RegulationsI

Minimum lot areaNone None None None

square feet)

Minimum lot50 feet 20 feet 20 feet None

width

G _

f ..

Minimum lotg0 feet 60 feet 50 feet NoneI depth

e_. _ .. .... _ . e... _ . e. ..._ . _

Minimum front10 feet 10 feet 10 feet None

yard setbacke.. . ........_._.,

e . ...., _.. _

Minimum side6 feet 6 feet 6 f t None

yard

Minimum side

yard adjacent to a' 10 feet 10 feet 6 feet None

streete _ _

10 feet plus 1 10 feet plus 1

Minimum rear foot for each foot foot for each footNone None

yard of building height of building heightabove 30 feet above 30 feet

e . ._ .....

Minimum yard 30 feet plus 1 30 feet plus 1 30 feet plus 1 30 feet plus 1

abutting a single- foot for each foot foot for each foot foot for each foot foot for each foot

family use or of building height ; of building height of building height of building heightdistrict abave 30 feet above 30 feet above 30 feet above 30 feet

r .,,,,, _ _ ....... _ ...,.,.,, _ , _ ,,,.

Minimum

residential unit 600 SF 500 SF 500 SF 500 SF

size

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Maximu _ _ .. . _

w

m FAR 4. 50 0. 75 1. 5 I3. 0

Maxirnum

Density, dwelling 30 40 80 100

units per acre Im _ - — _

MCoera e

t55% 75% 85% 90% IIg

Minimum45% 25% 15% 10%

Landscaped Area

Maximum40 feet 50 feet 65 feet 100 feet

building height

Maximum WECS55 feet 60 feet 75 feet 110 feet

height

35. 5. 8. - Limitations.

The following define the limitations to zoning uses when the zoning matrix identifies a use as permitted, butlimited:

L( 1) = Accessory dwelling units are permitted, subject to the following additional criteria:

1. The proposal must conform with the overall maximum lot coverage and setback requirements of

the underlying zone.

2. The maximum number of accessory dwelling units shall not exceed one ( 1) per lot.

3. The maximum gross habitable floor area ( GHFA) of the accessory residential structure shall not

exceed fifty ( 50) percent of the GHFA of the primary residence on the lot, and shall not exceedone thousand ( 1, 000) sq. ft. GHFA unless the lot meets the requirements of L( 1). 5.

4. One ( 1) additional parking space shall be provided that conforms to the off-street parkingprovisions of this Chapter.

5. The maximum gross habitable floor area ( GHFA) of the accessory residential structure shall not

exceed fifty ( 50) percent of the GHFA of the primary residence on the lot, where the lot size isequal to or greater than ten ( 10) acres in size. An SUP is not required for such an accessoryresidential structure where the lot size is equal to or greater than ten ( 10) acres.

L( 2) = For infill lots, the front setback shall be an average of the adjacent lots.

L( 3) = In part of a subdivision of two (2) acres or more, up to two ( 2) units may be attached by a commonwall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, theindividual common wall units are on separate lots designed to be sold individually, and they comply withthe Subchapter 13. Additionally, units must have the appearance of a single-family residence from thestreet.

L(4) = Multi- family is permitted only:

1. With a Specific Use Permit; or

2. As part of a Mixed- Use Development; or

3. As part of a Master Plan Development, Existing; or

4. If the development received zoning approval allowing multi- family use within one ( 1) year prior tothe effective date of Ordinance No. 2005- 224; or

5. If allowed by a City Council approved neighborhood ( small area) plan.

L( 5) = Within this district the density of apartments will be calculated as one ( 1) bedroom equating to one- half (. 5) unit.

L( 6) = RESERVED

L( 7) = Limited to two ( 2) animals on parcels one ( 1) to three ( 3) acres in size. Additional animals may beadded at a rate of one ( 1) per each acre over three ( 3).

L(8) = Travelers' accommodations, are permitted, provided that:

1. The business-owner or manager shall be required to reside on the property occupied by theaccommodation, or adjacent property.

2. That each accommodation unit shall have one ( 1) off-street parking space, and the owners shallhave two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off- Street Parking section of this Chapter.

3. That only one ( 1) ground or wall sign, constructed of a non- plastic material, non- interior illuminatedof four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed

S:\ I, egal li¢rL)acu xrents( 3R cYixMarMces\ IK\ I3. 18...00Op Clydieiancc. docx

such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation.

4. That the number of accommodation units allowed shall be proportional to the permitted density ofthe zone. Each traveler's accommodation unit shall be counted as 0. 6 units for the purpose of

calculating the permitted number of traveler's accommodations.

5. All traveler's accommodations shall be within two hundred ( 200) feet of a collector or arterial.

Street designations shall be as determined by the City Comprehensive Plan. Distances shall bemeasured via public street or alley access to the site from the arterial.

6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be atleast four hundred ( 400) sq. ft. of gross interior floor space remaining per unit.

7. Traveler's accommodations are limited to no more than eight (8) guest units.

L( 9) = All restrictions of L( 8), but limited to no more than fifteen ( 15) guest units.

L( 10) = All restrictions of L( 8), but limited to no more than five (5) guest units.

L( 11) = Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred100) seats and no more than four thousand ( 4,000) square feet of restaurant area.

L( 12) = On- premise consumption or retail sales and shall limit the use to no more than ten thousand10, 000) square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing

related activities, and additional square footage shall require a Specific Use Permit.

L(13) = Uses are limited to no more than fifty-five thousand ( 55, 000) square feet of gross floor area per lot.

L( 14) = Uses are limited to no more than ten thousand ( 10, 000) square feet of gross floor area.

L( 15) = Uses are limited to no more than five thousand ( 5, 000) square feet of gross floor area per lot. AnSUP is required for additional square footage for Semi- Public Halls, Clubs and Lodges.

L(16) = Uses are limited to no more than one thousand five hundred ( 1, 500) square feet of gross floor areaper lot.

L( 17) = Uses that exceed twenty- five thousand ( 25, 000) square feet of gross floor area per use requireapproval of a SUP.

L( 18) = Uses are permitted only in association with Gas Stations and are limited to no more than fivethousand ( 5, 000) square feet of gross floor area except adjacent to I- 35 then uses are limited to tenthousand ( 10, 000) square feet of gross floor area.

L( 19) = Allowed as an accessory use to the primary business( es) within the same structure. The accessoryuse is limited to those employees or owners of the business or businesses within the same structure.

L(20) = Permitted, but outdoor storage of autos prohibited.

L(21) = Bakery and bottling areas not to exceed two thousand five hundred ( 2, 500) square feet. Sales onpremises of products produced required in this zone.

L( 22) = Uses are permitted only in association with Gas Stations and are limited to no more than twenty- five ( 25) seats except adjacent to I- 35 then the number of seats is limited to fifty (50).

L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed fivethousand ( 5, 000) square feet.

L( 24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed onethousand five hundred ( 1, 500) square feet.

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L(25) = If proposed use is within two hundred ( 200) feet of a residential zone, approval is subject to aSpecific Use Permit.

L(26) = Uses are limited to no more than two thousand five hundred (2, 500) square feet of gross floor areaper lot.

L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.

L(28) = Use allowed as part of consolidated parking plan.

L(29) = Wrecker Services and Impound Lots must comply with the following provisions:

1. The subject lot shall comply with the provisions of the Texas Administrative Code, regardingVehicle Storage Facilities.

2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way andresidential uses and zoning districts.

3. Parking and vehicle storage areas associated with wrecker services and impound lots activitiesare not allowed within undeveloped floodplain, water- related habitat, and riparian buffer

environmentally sensitive areas ( ESA).

4. Best management practices addressing stormwater quality must be implemented and maintainedon site. Management practices must attain the pollutant removal capabilities recommended forparking areas in the Integrated Storm Water Management ( ISWM) Manual, as published by theNorth Central Texas Council of Governments, or similar practices consistent with low impactdevelopment ( LID) approaches.

L( 30) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permittedcommercial, or institutional uses, equal to at least fifteen ( 15) percent of the floor space of the residential

use along any avenue, collector, or arterial street, otherwise these uses are not required.

L( 31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permittedcommercial, or institutional uses, equal to at least twenty-five ( 25) percent of the floor space of theresidential use along any avenue, collector, or arterial street, otherwise these uses are not required.

L(32) = Not allowed to locate adjacent to an arterial and within one thousand ( 1, 000) feet as measured from

the nearest property line of a sexually oriented business to the nearest property line of any other sexuallyoriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, publicopen space.

L( 33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that anyviews of the Historic Courthouse are not blocked by the new structure( s) additional height.

L(34) = Permitted with no more than one hundred fifty thousand ( 150, 000) gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from thestreet. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and tothe loading docks.

L( 35) = Self-Service Storage uses must comply with the following provisions:

All sides of a self-service storage facility shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color ( split-face CMU), stucco, concrete tilt-wall

colored or stamped).

2. The limitation on exterior materials is exclusive of fenestrations such as doors, windows, glass

and entryway treatments. Glass may not account for more than 70 percent of the exterior wallarea.

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3. No overhead bay doors and/ or storage unit doors may be visible from adjacent property or publicright-of-way.

4. No outdoor storage permitted.

5. All proposed fencing materials are limited to masonry and wrought iron and shall be constructedin compliance with Section 35. 13. 9, as amended.

6. Landscape buffers shall be provided in accordance with Section 35. 13. 8, as amended.

L(36) = Permitted when combined with retail sales.

L( 37) = Five ( 5)- acre minimum land area required and no more than twenty- five ( 25) kennels per acreallowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use.

L( 38) = Must meet the requirements of Section 35. 12. 9.

L( 39) _

L(40) = Limited to a maximum twelve ( 12) units per acre.

L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two ( 2) acres. Amaximum of one ( 1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP.

L(42) = Building- mounted WECS may not extend higher than ten ( 10) feet above where the WECS ismounted on the building. The height shall be measured from the base of the WECS where it is mounted onthe building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, thenheight is measured from the base of the WECS where it is mounted on the building to the highest point ofthe WECS.

L(43) = Electric Substations and Switch Stations are permitted subject to the following criteria:

An applicant shall be required to submit an application for a Specific Use Permit pursuant toSubsection 35. 6 in accordance with procedures set forth in Subsection 35. 3. 4 unless it is able tomeet the following requirements:

A. Use of the property is associated with a City Council approved Capital Improvements PlanCIP) or other City Council approved Master Plan; and

B. A public hearing was held at the City Council for the selection of the site to include:

i. Written notice of the public hearing was provided to property owners within two hundred200) feet and physical addresses within five hundred ( 500) feet of the subject property

at least twelve ( 12) days prior to public hearing; and

ii. A sign advertising the public hearing was posted on or adjacent to the property at leasttwelve ( 12) days prior to the public hearing.

C. A neighborhood meeting was held at least fifteen ( 15) days prior to the public hearing at CityCouncil for the acquisition of the site.

2. All Electric Substations or Switch Stations shall comply with the following developmentrequirements:

1. The proposed electric substation or switch station shall substantially comply with all of thedevelopment and regulatory standards established in Subchapter 24; and

2. A site plan demonstrating substantial conformance with all the applicable design standardsidentified in Subchapter 24 shall be submitted