Town of Denton, MD Article IV Purpose and Intent of Zoning Districts

§ 128-13 SR Suburban Residential.

The purpose of the Suburban Residential District is to provide for single-family residential development of spacious character, together with such public buildings, schools, churches, open space, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. This district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Limited amounts of two-family and multifamily residences are permitted in this district only in the context of a planned residential development (PRD) as denoted in § 128-84 of this chapter.

§ 128-14 TR Town Scale Residential.

The purpose of the Town Scale Residential District is to provide for single-family residential development of town-scale character, together with such public buildings, schools, churches, open space, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. This district is located to accommodate future single-family development in the patterns, forms, and densities which currently exist in established medium-density single-family neighborhoods within the Town. Limited amounts of two-family and multifamily residences are permitted in this district only in the context of a planned residential development (PRD) as denoted in § 128-84 of this chapter.

§ 128-15 MR Mixed Residential.

The purpose of the Mixed Residential District is to provide for higher density single-family and multiple-family residences within the Town core, together with such public buildings, schools, churches, open space, public recreational facilities, and accessory uses as may be necessary or are normally compatible with residential surroundings. A planned residential development (PRD), as denoted in § 128-84 of this chapter, is permitted with conditions.

§ 128-16 GC General Commercial.

The purpose of the General Commercial District is to provide sufficient space in appropriate locations for a wide variety of business, commercial, and service activity, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. The overall intent of this district is to provide areas for local commercial needs within the core areas of the Town which are compatible with Town character. Specific residential uses are allowed as denoted by the Official Table of Use Regulations.[1]

[1] Editor's Note: The Table of Use Regulations is included at the end of this chapter.

§ 128-17 CBC Central Business Commercial District.

The purpose of the Central Business Commercial District is to provide retail and office development and redevelopment within the Central Business Commercial District of the Town. Appropriate uses are generally the same as for the GC District, but with altered yard requirements and altered off-street parking requirements in recognition of the practical difficulty of providing off-street parking in the Central Business Commercial District, and in recognition of the collective responsibility to provide off-street parking for smaller establishments. Development/redevelopment in this district shall be compatible with the existing historic, aesthetic, and pedestrian character of the downtown area in terms of scale and design. Residential uses are also appropriate in this district in order to support commercial uses, and are denoted in the Official Table of Use Regulations.[1]

[1] Editor's Note: The Table of Use Regulations is included at the end of this chapter.

§ 128-18 CM Medical District.

The purpose of the CM Medical District is to provide an area for the orderly development of medical-related uses, including care facilities within the Town. Permitted uses in the district include those uses customarily associated with medical care and assisted living. Residential uses are also appropriate in this district in order to support commercial uses, and are denoted in the Official Table of Use Regulations.[1]

[1] Editor's Note: The Table of Use Regulations is included at the end of this chapter.

§ 128-19 RHC Regional Highway Commercial.

The purpose of the Regional Highway Commercial District is to provide for a variety of retail and office establishments and commercial services for use by the traveling public on or near major roads or streets in the Town and at the same time is intended to maintain the appearance of the highways and their access points by limiting outdoor advertising and establishing high standards for development. Commercial development in this district shall be in the form of well-planned and heavily buffered commercial concentrations as opposed to traditional forms of highway strip commercial, including big box retail stores. Commercial development in this district shall be subject to high standards for buffering and landscaping, access control, efficient internal auto and pedestrian orientation, screening of loading/unloading and service areas, lot depth-to-width ratios which promote minimal road frontage, service roads and reverse lot frontage concepts and other site design amenities which enhance aesthetic appeal.

§ 128-20 I Industrial.

The purpose of the Industrial District is to provide areas in the appropriate locations for light manufacturing, fabricating, warehousing, and wholesale distributing in low buildings with off-street loading and off-street parking for employees and with access by major thoroughfares or railroad. Development standards for this district shall be adequate to control excessive heat, odor, noise, dust, and vibration nuisance impacts which could potentially occur. Extensive bufferyards and screening shall be required to screen industrial development from adjacent residential development. Waste removal businesses and similar uses are not permitted in this district. This primary zoning district is further intended to allow the establishment of an adult-oriented business consistent with the requirements of Chapter 30, Adult-Oriented Businesses, and any other applicable laws or regulations.

§ 128-21 MI Mixed Industrial.

[Amended 1-5-2023 by Ord. No. 738, effective 1-15-2023]

The purpose of the Mixed Industrial District is to offer property located northeast of Lincoln Street and Gay Street and southwest of the old railroad spur, the opportunity to transition over time, as directed by the market, to a more mixed residential use. The current use is mainly industrial and these uses will remain as permitted, with the addition of additional limited commercial uses and mixed residential uses allowed as referred to in the Official Table of Use Regulations.[1] A planned residential development (PRD), as denoted in § 128-84 of this chapter, is permitted with conditions.

[1] Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.

§ 128-21.1 RA Rural Agriculture.

[Amended 6-4-2015 by Ord. No. 671]

The purpose of the Rural Agriculture District is to protect and preserve areas of the Town which are presently rural or agricultural in character and use. This zoning district is to provide for agricultural activities, and one detached single-family residential dwelling unit and one caretaker dwelling unit may be allowed per Denton Town Code § 128-117, Table of Density and Dimensional Regulations. Part of this district is also regulated by overlay zones: Rural Conservation and the Critical Area.

§ 128-21.2 RP Recreation and Parks.

[Amended 3-12-2015 by Ord. No. 665]

The purpose of the Recreation and Parks District is to protect and preserve areas of the Town which are presently or proposed to be recreation-oriented areas in character and use. This zoning district is to provide for passive and active recreation activities, semipublic, educational, cultural, religious, philanthropic, social, and fraternal uses.

§ 128-21.3 PN Planned Neighborhood District.

A. Purpose. The Planned Neighborhood (PN) District is a floating zone. That means that while provisions and regulations are made to govern any development within a PN District, no such district will be pre-mapped on the Official Zoning Map until made PN eligible (PNE) by Town Council's adoption of an ordinance enacting the floating zone. The PN District is intended to permit master-planned, mixed-use developments of large tracts of annexed lands when specified as a Planned Neighborhood eligible (PNE) floating zone in the annexation agreement. At the same time an annexation application is submitted, a PNE District request shall be accompanied by a Planned Unit Development (PUD) concept plan. The concept plan shall be approved by the Town Council before the PNE zoning designation of eligible (PNE) is changed to the specific land. Upon approval of a final PUD plan, the zoning designation of the specific land shall become Planned Neighborhood applied (PNA).

(1) The purpose of the PN Planned Neighborhood District is to provide for the development of well-planned, mixed-use neighborhoods that exhibit the following characteristics:

(a) Integrated mix of uses, including residential, commercial, employment/office, civic, and open space;

(b) A range of housing types and densities to accommodate a diverse population of age groups and income levels;

(c) Compact design;

(d) Interconnected streets designed to balance the needs of all users, with sidewalks and on-street parking;

(e) Open spaces integral to the community; and

(f) Location adjacent to and extending the fabric of existing development.

(2) There is a general presumption that an application for a PUD project at an appropriate location conditionally approved as a PN District, proposing uses permitted within the PN District with residential densities as provided in this section, inures to the general benefit of the Town and is in compliance with the Town's Comprehensive Plan.

B. Applicability. The Town Council may apply the PN Planned Neighborhood District to any lands annexed by the Town which have not been rezoned prior to the original adoption of this section, Ordinance No. 446, adopted May 3, 2004, and effective May 10, 2005. The PN District is intended to apply to tracts of land exceeding 50 acres.

C. Intent. The PN Planned Neighborhood District is intended to promote the following:

(1) Implement the recommendations of the Denton Comprehensive Plan;

(2) Develop neighborhoods that are pedestrian friendly and encourage pedestrian travel;

(3) Promote design that results in residentially scaled buildings fronting on, and generally aligned with, streets;

(4) Encourage the inclusion of a diversity of household types, age groups, and income levels;

(5) Promote traditional town building and site development patterns, with an interconnected and broadly rectilinear pattern of streets, alleys, and blocks, to accommodate both pedestrians and automobiles;

(6) Encourage creation of functionally diverse, but visually unified, communities focused on central squares;

(7) Promote use of neighborhood greens, landscaped streets, boulevards, and single-loaded parkways woven into street and block patterns to provide space for social activity, parks, and visual enjoyment;

(8) Provide buildings for civic or religious assembly or for other common or institutional purposes that act as visual landmarks and symbols of identity;

(9) Promote the location of dwellings, shops, and workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community;

(10) Preserve open space, scenic vistas, agricultural lands, and natural areas;

(11) Permit design flexibility in order to achieve an appropriate mix of residential and nonresidential building uses; and

(12) Require efficient utilization of designated growth areas.

D. Land uses in the PN District. The uses permitted within the PN District shall be as established by the land use table set forth in this chapter, which shall prevail over conflicting requirements of this chapter or the Subdivision regulations, Chapter 73, Land Subdivision.

E. Density determination.

(1) General. The total number of dwelling units permissible in a PUD project in the PN District shall be determined in accordance with the provisions of this section (as adjusted by density bonuses as set forth below), subject to the following:

(a) Areas used for nonresidential purposes shall be subtracted from the adjusted tract acreage, as described in Subsection E(2) below before determining permissible residential density.

(b) All dwelling units constructed above commercial uses in the storefront area shall be permissible in addition to the number of dwelling units otherwise authorized under this section. However, the total number of dwelling units in a development shall not be increased by more than 10 dwelling units or 5%, whichever is greater.

(2) Base density calculation. Base density shall be determined by the land area yielded through calculations of the adjusted tract acreage (also defined as "net area"), as determined by Table E(2). The minimum residential density for a proposed PN District shall be 3.5 dwelling units per adjusted tract acres. Except as may be provided for below, the maximum residential density for a proposed PN District shall be no more than 5.0 dwelling units per adjusted tract acre.

Table E(2)Table Density Factors for Calculating Adjusted Tract Acreage
	Density Factor	Description of Constraint
DF 1	0.00	Street rights-of-way, floodways within one-hundred-year floodplain; wetlands and soils classified as "very poorly drained"; utility easements for high-tension electrical transmission lines (less than 69 KV); steep slopes, that is, those greater than 25%; soils classified as "poorly drained" (in unsewered areas); one-hundred-year floodplain (excluding floodways or wetlands within the floodplain); additional environmental constraints, such as FIDS and other habitat areas
DF 2	0.05	Rural Conservation Overlay District (Resource Conservation Area of Critical Area Buffer): shall be applied only to area component not constrained by DF 1
DF 3	0.75	Soils classified as "poorly drained" (in sewered areas); slopes between 15% and 25%
DF 4	1.00	Unconstrained land

(3) Density incentives to further certain public objectives.

(a) Housing type diversity. A density increase of up to 5% is permitted at the discretion of the Town Council when the proposal provides a mixture of at least four of the five of the following types of housing: single-family detached, two-family (semidetached), multifamily, townhouse, and apartments. The architecture of the proposed dwellings shall be harmonious among the various housing types, and they shall be integrated physically, that is, they should not be separated into different neighborhoods but rather mixed in together on the same streets so that at least two dwelling types are located together within the same block.

(b) Implementation. For each of the public purposes described in Subsection E(3)(a) above, if the Town Council is satisfied that the public purpose objectives are being satisfied, density bonuses may be implemented by reducing the minimum lot area requirements up to 20%. The cumulative density bonuses applied to a PUD project may not exceed 10% of the maximum residential base density.

F. General design requirements.

(1) Design standards referenced in this section shall be considered as minimum performance standards for the PN District.

(2) Planned neighborhoods are intended to provide for a range of complementary uses and may consist of up to four use areas: single-family residential areas (SRAs), central residential areas (CRAs), storefront areas (SAs), and conservation areas (CAs). At a minimum, they must contain both a SRA and a CA. These areas are intended to provide for the diversity necessary for traditional town life, while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other.

(a) Single-family residential areas (SRAs) provide locations for a broad range of housing types, including single-family detached, semidetached, and attached, and may also include accessory dwelling units. SRAs may include the Rural Conservation District (Rural Conservation Area of the Critical Area); however, no more than one detached single-family residential dwelling unit and one caretaker dwelling unit may be allowed per 20 acres and shall be subject to award of growth allocation. See § 128-33C.

(b) Conservation areas (CAs) are permanently protected open spaces, including greens, commons, passive and active recreation areas, environmentally sensitive and constrained areas, habitat protection areas and private noncommon acreage used for agriculture, wholesale nurseries, tree farms, equestrian facilities, etc.

(c) The central residential area (CRA) is intended to contain a variety of housing options and related uses.

(d) The storefront area (SA) is intended primarily to provide uses that meet the retail and service needs of a traditional community center and its vicinity within one- and two-story buildings and may contain other compatible uses, such as civic and institutional uses of community-wide importance, specifically including second-floor residential uses.

G. Development standards.

(1) The following development standards shall apply to the PN District:

(a) The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the PN shall be established for each individual project by the Planning Commission in accordance with the PN design guidelines, § 128-21.3. In establishing these requirements, the Planning Commission shall consider such factors as the proposed development intensity and the existing character of adjacent neighborhoods.

(b) Land coverage. The maximum amount of land that may be built over (covered) by parking lots, roads, sidewalks, or plazas, buildings, or other structures shall be 60% of the adjusted tract area of the PN property(ies).

(c) Minimum required open space.

[1] A minimum of 30% of the adjusted tract acreage shall be open space, including parks, recreational, habitat, forest, agriculture, stream buffers and wetland preservation areas. Not less than 50% of the minimum required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above.

[2] Open space land shall be permanently protected through conservation easements and may be developed for uses consisting of the following:

[a] Agricultural uses, including horticultural, wholesale nurseries and the raising of crops, and buildings related to the same;

[b] Equestrian facilities, including related stables and pastures;

[c] Woodlots, arboreta, and other similar silvicultural uses;

[d] Woodland preserve, game preserve, wildlife sanctuary, conservation meadows, or other similar conservation uses;

[e] Municipal or public uses, public park or recreation area owned and operated by a public or private nonprofit agency, or governmental or public utility buildings or uses, not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, or private or municipal sanitary landfills; and

[f] Active or passive recreation, if it is noncommercial in nature and provided that no more than 50% of the minimum required open space is so used. Parking areas and any roofed structures associated with the active recreation may not be included within the 50% minimum.

[3] The required open space shall be located and designed to add to the visual amenities of neighborhoods and to the surrounding area by maximizing the visibility of internal open space as terminal vistas (the building or landscape seen at the end of a street, or along the outside edges of street curves) and by maximizing the visibility of external open space as perimeter greenbelt land (the undeveloped and permanently protected acreage around a community). Such greenbelt open space shall be designated to provide buffers and to protect scenic views as seen from existing roadways and from public parks, and shall not be less than 100 feet deep.

[4] PN developments shall include multiple greens, commons, or passive parks measuring a total of at least 1,500 square feet for each dwelling unit, plus 500 square feet of land for active recreation per dwelling unit.

[5] Civic greens or squares shall be distributed throughout the neighborhood so as to be located within 1,500 feet of 90% of all residential units in the SRA and CRA areas.

(2) Residential unit mix. At a minimum, each PN development shall have at least three of the five unit types. Each phase of a proposed PN shall have at least three of the five unit types. The Planning Commission may vary this phase requirement if satisfied that at build-out three of five unit types are included in the overall PN development. Each phase of a proposed PN development shall provide housing opportunities for a diverse population mix of age groups and income levels.

Unit Type	Minimum Percentage	Maximum Percentage
Detached single-family dwelling	50	80
Two-family dwelling	10	40
Townhouse	5	20
Multifamily	5	10
Apartment	5	10

H. Small PN projects. The Town Council may modify the minimum standards established in Subsection F above for a PN development of less than 50 acres, provided:

(1) The proposed PN development is shown as part of and integrated into a general development plan for an adjacent (larger) PN project; the applicant demonstrates that the proposed development could be integrated into an adjacent development(s) or neighborhood(s) by such features as street extensions, the location of its SAs, and the location of common areas; and it is determined by the Town Council that the proposed design meets the goals and objectives of the Comprehensive Plan and the intent of this section; or

(2) The Town Council may find that the proposed PN is an infill or transition project between existing developments and/or adjacent to a proposed or planned large-scale PN project and that the proposed design of the PN project is consistent with the goals and objectives of the Comprehensive Plan and the intent of this section.

(3) All PN projects shall be consistent with the PN design guidelines.

§ 128-21.4 Procedure for approval of PN District floating zone amendment and PUD plan approval.

A. Purpose. The purpose and intent of the PN District floating zone amendment process is to permit specific and detailed mapping of areas for planned unit developments (PUDs) to provide for the creation of carefully planned, well-designed residential, commercial and/or mixed-use communities at appropriate locations.

B. PN District design standards. Applicants shall be guided throughout the review process by the PN design guidelines. Because it is recognized that design professionals, including architects, landscape architects, and land planners, are trained to strive for creative excellence, the design standards and criteria are not intended to restrict creative solutions or to dictate all design details. The PN design guidelines serve as a tool for the Town planning staff by providing a checklist of elements to be considered. The standards also inform the design professionals of items that should be considered or included from the outset of the design process.

C. Preliminary application. Preliminary application for a floating zone amendment for a PN Planned Neighborhood District approval and a proposed PUD plan conditional approval shall be made to the Town Council. Preliminary applications shall include:

(1) A written petition for location of a PN Planned Neighborhood District and approval of a PUD plan, signed by the owners and contract purchasers, if any, of the property that is the subject of the petition.

(2) A narrative describing the following:

(a) Statement of present and proposed ownership of all land within the development;

(b) Overall objectives of the proposed planned unit development and a statement of how the proposed planned unit development corresponds to and complies with the goals and objectives of the Zoning regulations, the proposed PN District, and the Comprehensive Plan;

(c) Method of providing sewer and water service and other utilities, such as but not limited to telephone, cable, gas, and electric services;

(d) Storm drainage areas and description of stormwater management concepts to be applied;

(e) Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas;

(f) School availability and school population impact analysis;

(g) General description of architectural and landscape elements, including graphic representations; and

(h) If petitioner desires to develop the property in phases, a preliminary phasing plan, indicating:

[1] The phase(s) in which the project will be developed, indicating the approximate land area, uses, densities, and public facilities to be developed during each phase.

[2] If different land use types are to be included within the planned unit development, the plan should include the mix of uses anticipated to be built in each phase.

(3) A concept PUD plan, which includes:

(a) Boundary survey, prepared by a professional land surveyor, of the area subject to the application;

(b) Graphic and tabular presentation of proposed site development information that clearly depicts the following:

[1] Total acreage of subject property and identification of all adjoining landowners;

[2] Description of proposed land uses, including residential, commercial, institutional, and recreational;

[3] Maximum number and type of dwelling units, approximate densities of residential areas and anticipated population, including a separate population of school age children;

[4] Land area and locations generally allocated to each proposed use; and

[5] Location of proposed roads, public open space, any sensitive resource areas (environmental or cultural), and public facilities.

D. Referral of preliminary application to Planning Commission. If the Town Council finds that the preliminary application for a PN Planned Neighborhood District approval and a proposed PUD plan conditional approval is generally consistent with the Comprehensive Plan and the standards of the PN District, the preliminary application shall be conditionally approved and referred to the Planning Commission for review in accordance with Subsection E below. "Conditional approval," as used herein, means only that the Town Council has made a preliminary finding that the proposal is generally consistent with the Comprehensive Plan and this chapter. Conditional approval shall authorize the Planning Commission, planning staff, and Town consultants to continue to analyze the proposal subject to all applicable review processes and procedures. No development may occur until:

(1) A floating zone has been applied to the property by legislative action of the Town Council;

(2) A final PUD plan is approved for the floating zone by the Town Council; and

(3) A final PUD plan is approved by the Planning Commission and the subdivision plat is recorded according to provisions of this chapter.

E. PUD plan submittal to the Planning Commission. After the Town Council conditionally approves the preliminary application for a PN Planned Neighborhood District and the proposed PUD plan, the petitioner shall submit the following to the Planning Commission for review and recommendations to the Town Council:

(1) Graphic PUD plan requirements:

(a) PUD plan that includes the following individual sheets: Single sheets shall not exceed 36 inches by 48 inches. Plans should be presented at a scale no smaller than one inch equals 400 feet such that the entire site may be shown on a single sheet.

[1] Conditionally approved concept PUD plan;

[2] Boundary survey, prepared by a professional land surveyor, including identification of adjacent property owners;

[3] Existing condition information, including (Information may be displayed on more than one sheet for clarity.):

[a] Topographic survey (minimum one-foot contour interval);

[b] Soils;

[c] Forested areas and tree lines;

[d] Wetlands, hydric soils, streams and water features;

[e] Steep slopes;

[f] Easements and deed restrictions;

[g] Roads, driveways and rights-of-way;

[h] Existing buildings; and

[i] Existing land uses.

[4] Proposed open space, protected areas, public and private parks;

[5] Pedestrian and vehicular master plan showing dominant street configuration and pedestrian walking and biking alignments;

[6] Detailed plan of at least one phase, showing:

[a] Road alignments;

[b] Lot configuration;

[c] Commercial area plan, if applicable;

[d] Public and private open space(s);

[e] Perspective streetscape (typical for represented phase);

[f] Examples of proposed residential and commercial architecture;

[g] Plan view, perspective and elevations of private and/or public community facilities; and

[h] Plan view, perspective and elevations of entrance to PUD, including gateway improvements, if applicable.

[7] Phasing plan, including:

[a] The general boundaries or location of each phase. Although the phasing plan shall include the information required by Subsection E(1)(a)[7][b] and [c] below (in narrative, tabular or graphical form); it is not required to depict the location of the land uses, densities or public facilities within each phase.

[b] The phase(s) in which the project will be developed, indicating the approximate land area, uses, densities, and public facilities to be developed during each phase.

[c] If different land use types are to be included within the planned unit development, the plan should include the approximate mix of uses anticipated to be built in each phase.

(b) Studies and reports by qualified professionals:

[1] Traffic study that evaluates traffic impacts of proposed entrances on existing public (state, county and town) roads and major existing intersections within one mile of the project that may be impacted by traffic generated by the proposed project;

[2] Nontidal wetlands delineation;

[3] Endangered species study prepared by qualified professionals; and

[4] Historical and archeological survey.

(c) PUD design standards, which shall generally conform to the elements of the PN design guidelines. The PUD design standards should provide specific detail regarding:

[1] Site design standards in designated neighborhood and/or commercial areas, including permitted uses, building types, frontage, setbacks and lot sizes, building heights, parking, street widths and cross sections, sidewalks, lighting, and road geometry. Lighting should comply with standards set forth in Article XXII of this chapter.

[2] Building standards for designated neighborhood and/or commercial areas, including size and orientation, building facades, regulated architectural elements (windows, trim, etc.), rooflines, architectural styles, fencing, parking, and signage.

[3] Landscape, buffer and environmental standards, including location and scope, materials, and scheduling.

(d) Project scheduling information, including anticipated permitting hearings, approvals, construction start, phasing, anticipated absorption, and completion of key site elements. (Note: This information is understood to be representative of a best estimate and will be used by the Town planning agencies as a tool for long-range planning activities but shall not be binding.)

(e) The PUD plan shall also include a management statement regarding the anticipated ownership, construction, operation, and maintenance of:

[1] Sanitary sewers, water mains, and all stormwater management systems;

[2] Streets, roads, alleys, driveways, curb cuts, entrances and exits, parking and loading areas, and outdoor lighting systems; and

[3] Parks, parkways, walking paths, cycleways, playgrounds, and open spaces.

(2) The PUD plan shall comply with requirements of this section and the requested floating zone and may be accompanied by such other written or graphic material that may aid the decisions of the Planning Commission and Town Council.

(3) The Town Council may establish additional and supplemental requirements for the PUD plan during its consideration of the preliminary application, if the Town Council determines such requirements are necessary to enable the Town Council to evaluate the particular floating zone amendment request.

F. Planning Commission review and recommendation on floating zone amendment and PUD plan.

(1) The Planning Commission shall review the PN Planned Neighborhood District floating zone amendment request and the proposed PUD plan and PUD plan for compliance with the requirements of this chapter and consistency with the Comprehensive Plan and the PN design guidelines.

(2) The Planning Commission shall evaluate the degree to which the floating zone request and PUD plan incorporates and/or addresses the PN design guidelines and furthers the goals and objectives of the Comprehensive Plan.

(3) The Planning Commission may make reasonable recommendations to the petitioner regarding changes to the PUD plan proposal which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements of the Comprehensive Plan, the PN design guidelines and the goals and objectives of this chapter. The petitioner may resubmit the PUD plan to the Planning Commission in consideration of the Commission's comments.

(4) If, after four PUD plan submissions, the PUD plan has not received a favorable recommendation from the Planning Commission, the Commission shall make a negative recommendation to the Town Council setting forth its reasons as to why the PUD plan should not be approved.

(5) The Planning Commission shall consider and comment on the findings required of the Town Council by Subsection G(2) and shall make a favorable or negative recommendation to the Town Council.

(6) The Planning Commission shall return the PUD plan with any revisions, together with written comments and recommendations and its floating zone comments, to the Town Council for action pursuant to the floating zone and PUD plan approval process.

G. Town Council approval of floating zone and PUD plan.

(1) The Town Council shall review the PUD plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.

(2) The Town Council may approve or disapprove the proposed floating zone map amendment and associated PUD concept plan and shall follow the procedures set forth in Article XX for a zoning reclassification. However, the change or mistake standard set forth in § 128-169A shall not apply to a floating zone amendment which locates a PN District in accordance with this section, and the Town Council shall apply the criteria as set forth in this section. Concurrently with the location of a floating zone, the Town Council may approve the PUD concept plan, which in addition to the provisions of the PN District shall govern the subdivision and/or development of the property. In approving the PN District floating zone map amendment, the Town Council shall make findings of fact, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the areas, and the relationship of the proposed amendment to the Comprehensive Plan. The Town Council may approve the PN District map amendment if it finds that the proposed floating zone amendment is:

(a) Consistent with the Comprehensive Plan;

(b) Consistent with the stated purposes and intent of the PN District;

(c) Complies with the requirements of this chapter; and

(d) Is compatible with adjoining land uses.

(3) After approval of a floating zone amendment by the Town Council, two complete copies of the approved PUD concept plan shall be filed with the Town Clerk. Eight additional complete copies of the approved PUD concept plan shall be filed with the Director of Planning for Planning Commission reference during its subsequent review and approval of subdivision plats and/or site plans.

(4) As part of the final PUD concept plan approval, the Town Council shall approve a date for initiation of the proposed development.

(5) In the event that a floating zone amendment or a prior annexation agreement with a PN floating zone is approved by the Town Council without subdivision and approval of an associated PUD concept plan, the subject property may not be subdivided until the owner complies with the PUD review and approval provisions of this chapter, and may not be developed except in conformance with a subdivision plan as required by and in conformance with this chapter.

H. Additional required procedures.

(1) The administrative procedures for approval of a subdivision plan for property located within the PN District are set forth in Article XXIII of this chapter. Subdivision plans shall conform to the approved PUD concept plan, including the PUD design standards.

(2) The administrative procedures for approval of a subdivision located within the PN District shall be those of Chapter 73, Land Subdivision. Final subdivision plats shall conform to the approved PUD concept plan.

(3) Any development, site plan or subdivision approval for land in a PN District shall be consistent with the provisions of the PN District and the specific PUD concept plan applicable to the property, as approved or amended by the Town Council.

I. Amendment of PUD plan. The procedure for amendment of an approved PUD plan (concept, preliminary or final) shall be the same as for a new application, except that minor amendments of a PUD plan may be approved by the Planning Commission at a regular meeting.

(1) Using the guidelines set forth below, the Director of Planning shall determine whether the proposed amendment is a minor amendment. An amendment shall be deemed a minor amendment, provided that such amendment:

(a) Does not conflict with the applicable purposes and land use standards of this chapter;

(b) Does not prevent reasonable emergency vehicle access or deprive adjacent properties of adequate light and air flow;

(c) Does not significantly change the general character of the land uses of the approved PUD plan (concept, preliminary or final);

(d) Does not result in any substantial change of major external access points;

(e) Does not increase the total approved number of dwelling units or height of buildings; and

(f) Does not decrease the minimum specified setbacks, open space area, or minimum or maximum specified parking and loading spaces.

(2) The phrase "minor amendments" includes, but is not limited to, changes to the location, number or types of uses within the planned unit development or any phase(s) thereof, subject to Subsection I(1)(c), above; internal road locations or configurations; the number, type or location of dwelling units, subject to Subsection I(1)(e), above; and the location of public amenities, services or utilities.

(3) The Planning Commission may only approve minor amendments that increase residential density or intensify nonresidential uses if the amendments provide for enhancement of the architectural design and landscaping of the area subject to the amendment.

(4) Any amendment of a PUD plan that adversely impacts upon the delivery or the Town's cost of public utilities, public services, public infrastructure, or otherwise adversely affects amenities available to the public or the public health and safety shall not be considered a minor amendment.

§ 128-21.5 PN design guidelines.

A. Purpose and intent. The purpose and intent of establishing design guidelines for the PN Planned Neighborhood District is:

(1) To preserve and enhance the unique character of the Town of Denton while integrating new development into the overall fabric of the community;

(2) To encourage creative design and innovative approaches to achieve the community character called for in the Town's Comprehensive Plan;

(3) To ensure that each incremental addition to the Town is designed in a manner that is mindful of what has come before and contributes to the achievement of overall community design objectives;

(4) To encourage a broad housing market that will accommodate a diverse population mix of all ages, income levels, and socioeconomic backgrounds reflective of the Town's existing demographics.

B. Specific goals and objectives. The goals and objectives of the PN design guidelines are to:

(1) Design for the human scale and perceptions to create a sense of neighborhood and community.

(2) Enhance Denton's sense of place in its rural and regional setting by maintaining the small town feel, as expressed in the Comprehensive Plan, Chapter 1, while keeping new development in harmony with nature.

(3) Create a pleasant and functional pedestrian realm that consists of common open spaces, tree-lined streets, landscaped areas (between public and private spaces) and utility corridors.

(4) Encourage internal and peripheral open space.

(5) Create neighborhood centers or town centers within walking distances of all surrounding neighborhoods.

(6) Create appropriate transition areas between neighborhoods.

(7) Design for local access and collector streets internal to the community.

(8) Integrate buildings of smaller scale in a pattern of various footprints.

(9) Plan for mixed and multiple land uses; also include a mix of housing types, income and a horizontal and vertical mix of uses.

(10) Utilize appropriate details in building design.

(11) Create housing which offers a variety of options to accommodate and encourage a diverse population mix of varied socioeconomic backgrounds reflective of the Town's demographics.

C. Applicability. The provisions of the PN design guidelines shall be considered during the review of all PUD plans, site plans, subdivision plans, or other permits or applications for new development, new construction involving structural alterations, and new structures on all land zoned in the PN District. Where these guidelines conflict with any provision of the Denton Zoning Ordinance or the Subdivision Ordinance,[1] these guidelines shall control.

[1] Editor's Note: See Ch. 73, Land Subdivision.

D. Design provisions. The Planning Commission will rely on the Comprehensive Plan and the PN design guidelines concerning issues of design, neighborhood and community character, and compatibility. In general, these call for the following characteristics, which shall be set forth on a set of drawings, plans, and/or elevations sufficient to permit the Planning Commission to apply the following standards.

E. General design provisions. The following standards generally apply to development proposed in the PN District.

(1) Architectural considerations.

(a) The architectural design of structures and their materials and colors should be visually harmonious with the overall appearance, history, and cultural heritage of the Town, with natural landforms and existing vegetation and with other development plans approved by the Town.

(b) Specific consideration should be given to compatibility with adjacent properties where such projects demonstrate the Town's character.

(c) Facing buildings should not differ in height by more than a ratio of two to one, excluding church steeples, decorative cornices, chimneys, and the like.

(d) Materials should be used that have similar texture and appearance as appropriate to the Town's character.

(e) Exterior materials should be natural in appearance, with preference given to wood or wood-appearance siding, stone, and brick. Exterior building colors should be traditional or muted tones.

(2) Overall form and spatial relationships.

(a) Areas of new construction should be sited so as to best preserve natural vistas and the existing topography.

(b) Peripheral greenbelt open space should be designed to follow natural features whenever possible and to maintain an agricultural, woodland, or countryside character.

(c) The planned neighborhood should be distinguished from the peripheral greenbelt open space by a well-defined line or edge so that developed areas will transition very quickly to rural, undeveloped lands.

(d) Peripheral open space should surround the planned neighborhood. An exception to this standard is that storefront areas may be located along Town or county major collector roads at the planned neighborhood perimeter. Another exception is that planned neighborhoods proposed to be located within 500 feet of existing residential development should be encouraged to be contiguous with preexisting neighborhoods through the use of multiple street and footpath connections.

(e) Residential lots should not be located within 500 feet of any arterial road having four or more lanes, nor within 300 feet of any two-lane state highway, unless effectively screened, as to sight and sound, from the public by virtue of topography, dense vegetation, or other physical or visual barriers. No such screening need be required when the depth of a perimeter greenbelt exceeds these distances.

(f) Storefront areas (SAs) and central residential areas (CRAs) should be surrounded by single-family residential areas (SRAs) or, where applicable, by a combination of residential and civic uses.

(g) The transition between different land uses should be handled so as to avoid distinct visual differences, such as in the scale of buildings. Similar land-use types should front one another, while dissimilar land-use types should abut along alleys or rear parking areas.

(h) Storefront areas (SAs) should be located at or near the geographic center of the residential areas they primarily serve and should be located within 1,500 feet of 3/4 of all dwellings within its service area. A storefront area shall not be designed to front on, be highly visible from or take access from a state-maintained highway.

(i) Higher-density residential uses should be located within the central residential areas (CRAs).

(3) Block design.

(a) Planned neighborhoods should be designed in a net-like pattern of blocks and interconnecting streets and alleys, defined by buildings, street furniture, landscaping, pedestrian ways, and sidewalks.

(b) While topography, existing vegetation, hydrology, and design intentions should influence block shape and size, the maximum length for a block should be 500 feet, with an allowance for blocks up to 800 feet when midblock footpaths are provided. No less than one eight-foot pedestrian alley or way should be provided for every 250 feet of street frontage in the commercial zones, connecting with rear parking lots.

(c) Each block that includes storefronts and/or residential lots or uses less than 45 feet wide should be designed to include an alley serving rear parking areas or garages.

(d) In order to calm traffic speeds, the use of "T" intersections, where vehicles must stop and turn to the right or to the left rather than proceeding forward in a straight line, are encouraged. At least 25% of all intersections within the subdivision residential areas shall take this form, unless other design devices (such as traffic islands or circles, four-way stop signs, or speed bumps) are employed to reduce vehicle travel speed.

F. Single-family residential areas (SRAs). In addition to the general design provisions set forth in Subsection E above, the following guidelines generally apply in the single-family residential areas (SRAs) of the PN District.

(1) Residential design styles should reflect vernacular architecture.

(2) Repetitious housing styles within individual neighborhoods are discouraged.

(3) Porch frontages are encouraged on all single-family detached homes.

(4) Residential buildings should front on public ways and be located so as to create a sense of enclosure along the street.

(5) Build-to lines (BTL) should include appropriate variations to encourage neighborhood identity and creativity.

(6) Lot widths within individual neighborhoods should be varied. Orientation of housing can also vary.

(7) Lot widths should be designed to ensure that garages do not dominate the front facade of residential structures.

(8) Traditional roof pitches and multiple rooflines are encouraged.

G. Central residential areas (CRAs). In addition to the general design provisions set forth in Subsection E above, the following guidelines generally apply in the central residential areas (CRAs) of the PN District.

(1) In general, townhouse and multifamily units should adhere to the architectural guidelines for single-family and two-family dwellings.

(2) Townhouse and multifamily units should blend into the overall character of the neighborhoods.

(3) Multifamily structures should appear as large single-family units. Small groups of townhomes, four or less, may be designed to appear as large single-family structures.

(4) Single-family residences should be mixed with other permitted housing types.

(5) No more than four units should be included in a single townhouse unit group. Each unit should have a distinct architectural appearance, but the overall appearance of the units should be compatible with and complementary to adjacent single-family residential units and with the other units in the neighborhood.

(6) Parking for townhouse and multifamily structures should be located to the rear or side of the units.

(7) The majority of multifamily and townhouse units should be located in the central residential area (CRA) of the community.

H. Conservation areas (CAs). The following design provisions generally apply in the conservation areas (CAs) in the PN District.

(1) The open space provided within planned neighborhoods should include areas known as "conservation areas," consisting of greenbelts, greens, parks, and other open spaces.

(2) The greenbelt parts of conservation areas should be designed to create a visual and physical distinction between the proposed development, the surrounding countryside, and any neighboring developments.

(3) Greens and squares are spatially defined and distributed open spaces within the planned neighborhood, designed to serve a variety of outdoor leisure and assembly needs of planned neighborhood residents and to enhance the form and appearance of the development.

(4) There should be a main village green, located within 500 feet of the planned neighborhood's geographical center. When a storefront area is part of the development proposal, this main green should be located in close proximity to it. Other, smaller greens should be dispersed throughout the remainder of the planned neighborhood in such a way that no lot is more than a walking distance of 1,350 feet from a green, square, or park. The main village green should be designed to a pedestrian scale, meaning that it should not be longer or wider than 300 feet and should be between 20,000 and 40,000 square feet in area. The other, smaller greens, squares, and parks (but not including the central open space within loop lanes) should be no less than 8,000 square feet in size. All greens should be planted with shade trees along their edges, at intervals not greater than 50 feet, with groups of trees located at various points throughout their area.

I. Storefront area (SA). In addition to the general design provisions set forth in Subsection E above, the following guidelines generally apply in the storefront area (SA) of the PN District.

(1) Maximum size. New commercial buildings in the storefront area and their associated parking spaces should not occupy more than 5% of the adjusted tract area of the entire planned neighborhood. Commercial buildings may occupy up to 10% of the adjusted tract area if they include second-story office uses. Commercial buildings may occupy up to 15% of the adjusted tract area if they include second-story residential units. In order to qualify for the figure of 15%, at least half of the new commercial building coverage (foundation footprint) should be of two-story construction, and at least 25% of the second-story space shall be designed for residential uses.

(2) Uses. The mixed-use/commercial portions of the planned neighborhood should be contained within the storefront area. This area should be designed to provide a variety of retail shops and services to support the day-to-day needs of planned neighborhood residents and other local residents, complemented by other compatible business, civic, and residential uses in commercial-type buildings in a manner consistent with a small downtown or central marketplace in the community.

(3) Commercial areas should surround, be located adjacent to, or be across the street from a public park, green, or square of at least 10,000 square feet, which area may be credited as part of the open space required of the development.

(4) New commercial buildings may be either traditional in their architectural character or be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character, and materials of shops in the community. Shopfront design should be based upon historic examples in the area, with large display windows having sills between 12 and 18 inches above sidewalk level and lintels nine to 12 feet above sidewalk level. Commercial buildings should also articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.

(5) The massing of larger commercial buildings should be de-emphasized in a variety of ways, including the use of projecting and recessed sections, to reduce their apparent overall bulk and volume. Such breaks in their facades and rooflines should occur not more frequently than the width of two historic shopfronts (generally about 25 feet each), nor less frequently than 100 feet. To harmonize with the traditional scale of commercial buildings in historic towns and villages, new commercial buildings should not contain more than 3,500 square feet (above grade), and those with more than 1,500 square feet of floor space (above grade) should be of at least one-and-one-half-story construction.

(6) A majority of buildings should be designed for multiple uses, with offices and/or residential units above.

(7) Buildings should be topped with pitched roofs with overhanging eaves, but flat roofs with articulated parapets and cornices may be allowed. Desired materials on pitched roofs include slate (either natural or man-made), shingle (either wood or asphalt composition), and metal formed to resemble standing seams. Roof color should be traditional, meaning that it should be within the range of colors found on existing buildings in the community. Specifically excluded are white, tan or blue shingles, red clay tiles, and corrugated metal. The use of fascias, dormers, and gables is encouraged to provide visual interest. All gables should be functional.

(8) Gas station canopies should have pitched roofs, and the lighting should be from luminaries completely recessed into the ceilings of said canopies so that the lighting elements themselves are not visible from or beyond the lot lines.

(9) Exterior wall materials may include stucco, wood clapboard (including vinyl or aluminum imitation clapboard siding), native stone, split-face aggregate block, or brick of a shape, color, and texture very similar to that found in the historic villages and towns of Caroline County. Specifically prohibited should be brick that is white, tan, or spray-painted, and T-111 plywood siding. Except on rear walls, all forms of concrete block should also be prohibited. In addition, metal buildings should also be excluded from this subdistrict.

(10) Large work area doors or open bays shall not open toward or face the public ways.

(11) HVAC and other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway, public rights-of-way, or adjoining noncommercial areas. Large trash receptacles, dumpsters, utility meters, and aboveground tanks, etc., shall be similarly treated.

(12) Signage.

(a) All signage should:

[1] Be affixed to a building facade, canopy, or arcade;

[2] Be located no higher than the sills of second-story windows;

[3] Be visible to both pedestrians and drivers;

[4] Be illuminated with steady external lighting (if lighted at all); and

[5] Use lighting conforming to the standards contained in Article XXII of this chapter.

(b) All signage shall be consistent with Article XV, Signs, of this chapter.

(13) Traditional canvas awnings without interior illumination are encouraged, and any signage consistent with Article XV, Signs, of this chapter.

(14) Storefront buildings should have at least 60% of their front facade coincident with their street frontage, including frontage onto courtyards.

(15) Principal entrances to buildings should be from the front sidewalk, except in courtyard designs.

(16) Storefront buildings fronting on the same street and located on the same block should be attached, except as necessary to accommodate pedestrianways.

J. Lighting design provisions. An exterior lighting plan shall be submitted to the Town whenever subdivision or site plan approval is sought in the PN District in order to determine whether the provisions of this section have been met and that adjoining property will not be adversely impacted by the proposed lighting.

(1) In general, the following provisions apply to lighting proposed as part of any development. (See also Article XXII, Outdoor Lighting, of this chapter.)

(a) Lighting should be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties.

(b) Light fixtures should be designed as an integral design element that complements the design of the neighborhood through style, material, and color.

(c) All utility lines shall be installed underground.

(d) Street pedestrianway lights should be decorative and blend with the architectural style of the neighborhood and should not exceed 14 feet in height.

(e) Flickering or flashing lights are prohibited.

(f) Light sources should not be located within buffer areas except on pedestrian walkways.

(g) Lighting that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of another lot is prohibited.

(h) Lighting fixtures should not exceed the minimum height and power necessary to accomplish their intended function.

(i) Lighting fixtures shall not cause light to shine upward or beyond lot boundaries.

(j) Lighting fixtures shall not use metal halide or similar form of bright white light source.

(k) Spot lights shall be discouraged.

(2) Residential. In addition to the general provisions set forth in Subsection J(1) above, the following provisions apply to lighting for residential development.

(a) Multifamily residential units should be properly lighted to ensure public safety and the security of the buildings.

(b) Lighting on individual streets should be designed consistent with the planned function of the street without excessive illumination.

(c) Porch light and yard post lighting should be incorporated into the street lighting design in residential developments.

(3) Nonresidential. In addition to the provisions set forth in Subsection J(1) above, the following provisions apply to lighting used for nonresidential uses (including but not limited to commercial, civic, recreational, fraternal, and religious facilities).

(a) All exterior lighting should be shielded so as not to shine directly onto surrounding properties or public ways or rights-of-way, except as planned and approved for safety purposes. In addition, the globe, lens, bulb, or filament should be shielded to not be visible from adjoining properties.

(b) Lighting should be designed to provide uniform illumination of the property to prevent extreme contrasts between light and dark areas and to provide for adequate safety and security.

(c) Lighting may be used to accent key architectural elements and/or to emphasize landscape features. Architectural lighting should be recessed under roof overhangs or generated from concealed, low-level light fixtures.

K. Parking provisions. A parking plan shall be submitted to the Town whenever subdivision or site plan approval is sought in order to determine whether the requirements of this section have been met. Parking standards are flexible and take into account off-site parking. The Planning Commission shall review the parking plan to ensure adequate parking is available, and that it is appropriately integrated into the overall PUD plan. The parking plan should comply with Article XII of this chapter, entitled "Parking, Loading and Unloading Area Requirements." In addition to the provisions set forth in Article XII, the following standards generally apply to parking in the PN District.

(1) Parking areas should be small scale and highly landscaped.

(2) Parking shall not be a dominant site feature and should be screened, landscaped, and lit to assure public safety.

(3) In storefront areas, parking should consist of ample on-street parking and small lots located to the side or rear of buildings and screened from the main commercial street.

(4) Parking lots should not be located on street corners and at intersections.

(5) Parking lots should not be located at terminal vistas.

(6) Parking lots should not be located near parks or public squares unless designed to serve the park.

(7) Access to parking should be provided from rear driveways where possible.

(8) Parking areas for adjacent commercial uses should be interconnected to minimize traffic on adjacent streets.

(9) Shared parking arrangements are encouraged.

(10) Parking blocks should be oriented to buildings to allow pedestrian movement down and not across rows.

(11) Through access should be provided within and between parking blocks; dead-end drives are strongly discouraged.

(12) On-street parallel, angled, or head-in parking is encouraged in commercial areas.

L. Street provisions. In addition to complying with the provisions of the Subdivision Regulations, Chapter 73, Land Subdivision, relating to streets, the following standards generally apply in the PN District.

(1) Streets should be designed to accommodate the pedestrian, the cyclist, and the vehicle.

(2) Street layout should be composed of interconnecting narrow streets laid out in a modified grid.

(3) Streets should connect to at least two other streets. Culs-de-sac and dead-end streets should be avoided.

(4) Distinct (e.g., patterned) pedestrian crosswalks should be installed at intersections and any other location where pedestrian systems cross a street.

(5) Traffic calming should be an integral part of the overall street design.

(6) Development plans should address improvements to off-site roads that serve a project, including off-site pedestrian linkages.

(7) The view from the long axis of a street should terminate at a significant design feature.

(8) The design speed for all streets within the PN District should be a maximum of 25 miles per hour.

(9) A separate bicycle lane should be provided on streets planned for high traffic volumes (greater than or equal to 4,000 average daily trips).

(10) Direct access onto collector streets from residential property is discouraged.

(11) Curb radii should be 20 feet with a clear zone radius of 30 feet.

(12) Curb radii should be sufficiently small to reduce vehicle speed.

(13) On-street parking on minor streets should be provided on one or both sides, as appropriate.

M. Sidewalks, curbs and gutters. In addition to the provisions relating to sidewalks, curbs and gutters as set forth in the Subdivision Regulations, Chapter 73, Land Subdivision, the following standards generally apply in the PN District.

(1) Sidewalks.

(a) A continuous sidewalk system should provide pedestrian access from all residential units to all other land uses.

(b) The minimum width for sidewalks in residential neighborhoods and recreational areas is five feet.

(c) The minimum width for sidewalks in commercial areas is eight feet. However, wider sidewalks may be necessary depending on the anticipated volume of pedestrian traffic or type of business use in a specific commercial area.

(d) Pedestrian crosswalks should be located at all major pedestrian crossings.

(e) Bump-outs should be provided at major pedestrian crossings on commercial streets and undivided major collector streets.

(f) Utility structures and mailboxes should not be located so as to reduce the width of sidewalks.

(g) In commercial areas, sidewalks may be used for outdoor retail display or outdoor dining areas, provided that they do not impede pedestrian flows or create a hazard.

(h) Where appropriate, durable street furniture, trash receptacles, and other amenities should be placed along sidewalks.

(2) Curbs and gutters.

(a) Curbs and gutters are required on the entire street frontage of any parcel or lot, except alleys; however, these shall comply with the Stormwater Regulations, Chapter 106, Stormwater Management.

(b) Curbs and gutters shall be built to the construction standards and specifications as determined by the Town.

(c) Only one curb cut per street frontage should be allowed on residential lots that do not have alley access.

(d) There should be a maximum of two curb cuts per commercial lot per street frontage.

N. Landscaping, shading and buffers. All development proposals in the PN District shall comply with Article XVI of this chapter, entitled "Environmental Standards, Landscaping, Shading and Buffers."

O. Denton Pattern Book. In addition to the design standards set forth in this section, development proposals in the PN District shall meet the standards set forth in the Denton Pattern Book, prepared by Urban Design Associates, copies of which are available in the Town office. The Pattern Book is intended to supplement existing applicable design guidelines. Persons proposing development in a PN District should consult the Denton Pattern Book and incorporate the design concepts and standards into the proposed PUD or PN design standards for the particular project. Failure to adhere to the design principles set forth in the Pattern Book may be a basis for the denial of PUD plan approval by the Town. The Town may approve a PUD plan that meets or exceeds the goals and objectives of the Denton Pattern Book, and the Town may waive the Denton Pattern Book standards where the applicant proposes specific design standards that are determined to be consistent with the goals and objectives of the PN District, as well as the Comprehensive Plan.

§ 128-21.6 AE Arts and Entertainment District.

A. Purpose. The Arts and Entertainment District (AE) District is a floating zone. That means that while provisions and regulations are made to govern any development within an AE District, no such district will be pre-mapped on the Official Zoning Map until approved as an AE district by the Town Council. The AE District is intended to permit master-planned, mixed-use infill and redevelopment with an emphasis on for-profit and nonprofit artistic, cultural, educational and musical uses of properties in identified redevelopment areas of the Town. The AE District permits development and land use pursuant to a master development plan approved by the Town Council at the time the AE District zoning is applied to specific land(s).

B. Intent.

(1) The intent of the AE District is to accomplish the following:

(a) Promote the arts and to achieve public and cultural benefit through flexible and creative land use regulation in return for significant contributions to the arts;

(b) Utilize cultural and economic development as a tool to encourage the infill and redevelopment in planned redevelopment areas of the Town;

(c) Encourage public/private projects that make the direct link between art and economic development;

(d) Serve some of the needs of our arts community and stimulate revitalization by promoting the reuse of underused and vacant properties for artist live/work space, affordable housing, performance venues, galleries, and other creative commercial and retail enterprises;

(e) Create an arts and entertainment destination point for the region;

(f) Encourage a scale of development, a mixture of building uses, and other attributes such as safe and efficient conditions for pedestrian and vehicular movement;

(g) Encourage pedestrian activity, especially retail, entertainment, and residential uses; and

(h) Expand the Town's housing supply in a variety of rent and price ranges.

(2) The district standards encourage appropriate development of underutilized properties and consolidation of developable land for art use where it will achieve a more efficient land use and improved site design. Design standards promote compatible infill and redevelopment by, among other things, allowing development on sites that may not meet the minimum land area and dimension requirements of the current zones.

C. Definitions. The following definitions apply within the AE District.

ART/CRAFT STUDIO

A facility for art use as defined above that is separate from any residential uses.

ART GALLERY

Building or space for the exhibition of art, usually visual art.

ARTISTIC WORK

An original and creative work, whether written, composed, or executed within the designated AE District that falls within one of the following categories: a book or other writing; a play or performance of a play; musical composition or the performance of a musical composition; painting or other picture; sculpture; traditional or fine crafts; the creation of a film or the acting within a film; or the creation of a dance or the performance of a dance. An artistic work does not include adult entertainment, or any piece or performance created or executed for industry-oriented or industry-related production, such as a commercial or advertising copy.

ARTIST LIVE/WORK SPACE

The use of all or a portion of a building for both art use and the habitation of artists.

ART USE

The production of art or creative work either written, composed, created or executed for a one-of-a-kind production exclusive of any piece or performance created or executed for industry-oriented distribution or related production. Such use may include the fine and applied arts, including painting or other like picture, traditional and fine crafts, sculpture, writing, creating film, creating animation, the composition of music, choreography and the performing arts. Such use does not include adult entertainment.

D. Applicability. The Town Council may apply the AE District to any lands identified on the Official Zoning Map as being eligible for the AE District floating zone designation.

E. Permitted uses. Permitted uses shall be limited to those allowed in the original zone(s) on which the AE floating zone is applied. In addition, art galleries, art craft/studio uses, artist live/work space, art use, and artistic work use shall be permitted and encouraged if not already permitted in the original zone.

F. Development standards. The following development standards shall apply to the AE District:

(1) Density, design, materials, use and scale should reflect local style, climate, heritage and materials unique to Denton.

(2) Flexible development standards to reduce lot areas, lot frontage, lot widths and yards and to increase building heights may be permitted consistent with a master development plan approved in accordance with the provisions of this section.

(3) The master development plan should be compatible with existing uses and architecture. In general, the following compatibility standards shall apply:

(a) Building size, height, bulk and scale. Buildings should be similar in height and size or be designed in such way that they appear similar in height and size, creating an overall mass that is consistent with the prevalent mass of other structures in the area, e.g., by dividing walls into units of similar proportions to adjacent structures.

(b) Building orientation. Primary facades and entries face the adjacent street or internal pedestrian courts with a connecting walkway that does not require pedestrians to walk through parking lots or across driveways and that maintains the integrity of the existing streetscape.

(c) Privacy. Optimize privacy of residents and minimize infringement on the privacy of adjoining land uses by considering appropriate bufferyards, the placement of windows and door entrances. Create opportunities for interactions among neighbors in common pedestrian circulation areas of the project.

(d) Building materials should be similar to materials of the surrounding neighborhood or use other characteristics such as scale, form, architectural detailing, etc., to establish compatibility.

(4) All planned uses shall comply with the Denton Critical Area and floodplain regulations. See Chapter A129, Critical Area Program, and Ch. 58, Floodplain Zones, respectively.

(5) Where the creation of a new lot is proposed, the Town shall have the discretion to waive the requirement set forth in § 73-6F(5) of the Town Code that the lot front on a public street, provided there is sufficient pedestrian accessways and access for emergency services.

(6) Where the design standards set forth above conflict with any provision of this chapter or Chapter 73, Land Subdivision, these standards shall control.

G. Public facilities and utilities.

(1) Existing and planned public facilities should be shown on development plans.

(2) All public streets, walkways and alleyways shall be shown on development plans. All through streets and walkways must be public. The local street and walkway system shall be safe, efficient, convenient, attractive, and shall accommodate use by all segments of the population.

(3) The street and walkway system should provide multiple, direct and continuous intra- and inter-neighborhood connections between destinations.

(4) Additions to the Town's street network shall include sidewalks.

(5) Closed street systems are prohibited, but short culs-de-sac (less than 120 feet long) that connect to the main grid system are allowed when consistent with the surrounding community. The Planning Commission may permit flag lots where appropriate.

(6) Street widths should be consistent with the surrounding community and sized to promote walkability and multimodal use (i.e., pedestrians, bikes, cars, trucks, buses, etc.).

(7) Roads, lighting, sidewalks, street furniture, utilities and other public facilities should enhance pedestrian circulation.

(8) Parking shall generally comply with the parking standards set forth in the Town's Commercial Infill Guidelines, Residential Infill Guidelines and other provisions of this chapter. Parking requirements can be waived where adequate public parking is available in close proximity, and the new parking demand does not interfere with the established parking patterns in the neighborhood. If public parking is proposed as the means of providing any required parking, such arrangement shall be documented on the master development plan and approved by the Mayor and Council.

§ 128-21.7 Redevelopment District.

A. Purpose. The Redevelopment District (RD) is a floating zone. That means that while provisions and regulations are made to govern any redevelopment within the Redevelopment District, no such district will be pre-mapped on the Official Zoning Map until Town Council adopts a Redevelopment District eligible (RDE) zoning district. The Redevelopment District is intended to permit rehabilitation and redevelopment of properties within the Town which are considered blight and slum pursuant to state law and the Town's ordinances and regulations, or are older industrial or commercial areas intended for redevelopment or in situations where buildings or properties are surrounded by incompatible zones or have traditionally been used for incompatible purposes (when it is not economically feasible to continue those buildings or properties in their current use). The Redevelopment District floating zone permits the redevelopment and land use pursuant to a master development plan approved by the Town Council at the time that the Redevelopment District is applied (RDA) to the specific lands. The RD District is intended to overlay and supplement, but not eliminate the existing zoning classification which it is put over. The RD District is intended to legalize and allow the rehabilitation, redevelopment, and orderly and controlled expansion of commercial and residential uses within such buildings and upon such properties lacking practical potential to continue present use under the current land use plan and to preserve and expand the number of jobs in the Town, while protecting and preserving the adjacent residences and the character of the surrounding neighborhoods.

B. Conditions. The Redevelopment District classification may be granted by the Town Council upon application by the property owner or upon the motion of the Denton Planning Commission or the Town Council and after complying with the procedures necessary to zone or rezone a property under Article XX of this chapter. When a redevelopment area is approved to be applied (RDA) to a specific area, that area shall be so designated (RDA) on the Official Zoning Map, and such applied redevelopment area shall be treated as a zone classification for the purpose of establishing and interpreting its boundaries. In order to be eligible for rezoning to a RD District there must be a finding by the zoning authorities that:

(1) The development or redevelopment potential for the subject property is consistent with the purpose and intent of this overlay classification and designated as such in the Town's Comprehensive Plan;

(2) The proposed development or redevelopment of the subject property is compatible with adjoining land uses;

(3) The general standards and limitations set forth in this chapter can be met at the subject property;

(4) The granting of the RD classification will not be detrimental to the health, safety and welfare of the inhabitants of the Town; and

(5) The granting of the RD classification will promote the general welfare of the inhabitants of the Town as a whole.

C. Intent.

(1) The intent of the Redevelopment District is to accomplish the following:

(a) Undertake urban renewal by redeveloping and rehabilitating slum or blighted properties or neighborhoods pursuant to a master redevelopment plan.

(b) Migrate, over time, Town-core (inner) industrial uses to more recently established industrial zones elsewhere in or allow for market driven redevelopment to mixed residential uses.

(c) Restore existing neighborhood communities and stimulate revitalization by promoting reuse and redevelopment of existing infill lots within the Town;

(d) Provide workforce housing opportunities to accommodate a diverse population of age groups and income levels and professions;

(e) Expand the Town's housing supply in a variety of rent and price ranges; and

(f) Require efficient utilization of existing underutilized infill properties within the Town.

(2) The Redevelopment District is further intended to encourage appropriate development of underutilized properties and consolidation of developable land for redevelopment where it will achieve a more efficient land use and improved site design. Design standards promote compatible infill and redevelopment by, among other things, allowing development on sites that may not meet the minimum land area and dimension requirements of the current zones.

D. Applicability. The Town Council may apply the Redevelopment District (RDA) to any lands identified on the Official Zoning Map as being eligible (RDE) for the Redevelopment District floating zone designation. Lands approved as RDA shall be so designated (RDA) on the Official Zoning Map.

E. Permitted uses. Permitted uses shall be limited to those allowed in the original zone(s) over which the Redevelopment District is to be applied.

F. Development standards. The development standards set forth in § 128-21.6F shall apply to development plans for any development proposed in the Redevelopment District.

G. Public facilities and utilities. Public facilities and utilities proposed for development within a Redevelopment District shall comply with § 128-21.6G.

§ 128-21.8 Procedure for approval of AE District floating zone or Redevelopment District floating zone amendment and master development plan.

A. Master development plan submittal to the Planning Commission. An applicant shall submit its request for a floating zone amendment and the master development plan to the Planning Commission for review and Planning Commission recommendations to the Town Council.

(1) Graphic master development plan requirements. The master development plan shall include the information listed in the appendix for preliminary site plans and/or subdivision plats, as appropriate. In addition, the master development plan shall include the following:

(a) A description of the proposed development site, i.e., a plot plan or survey plot.

(b) A description of existing conditions in the vicinity of the site (e.g., block face on both sides of the street with 500 feet of the proposed development site). These descriptions shall include documenting photographs and an analysis of the prominent architectural features and shall address the following:

[1] Site location and topography.

[2] Street connections.

[3] Pedestrian pathways.

[4] Lot coverage.

[5] Impervious surfaces.

[6] Elevations of all proposed buildings.

[7] Building orientation.

[8] Roofs.

[9] Massing and proportions.

[10] Entryways.

[11] Windows.

[12] Garage doors.

[13] Finishes and materials.

[14] Ornamentation.

[15] Roof detail.

[16] Color.

(2) The master development plan and the requested floating zone may be accompanied by such other written or graphic material that may aid the decisions of the Planning Commission and Town Council.

(3) The Planning Commission may establish additional and supplemental requirements for the master development plan during its consideration of the preliminary application; it determines such requirements are necessary to enable the Planning Commission and the Town Council to evaluate the particular plan and floating zone amendment request.

B. Planning Commission review and recommendation of floating zone amendment and master development plan.

(1) The Planning Commission shall review the floating zone amendment request and master development plan for compliance and consistency with the development standards set forth in § 128-21.6F, the Town's commercial infill, residential infill and Historic District design guidelines and the goals and objectives of the Comprehensive Plan.

(2) The Planning Commission may make reasonable recommendations to the petitioner regarding changes to the master development plan proposal, which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements of the Comprehensive Plan, the applicable design guidelines and the intent of this chapter. The petitioner may resubmit the master development plan to the Planning Commission in consideration of the Planning Commission's comments.

(3) The Planning Commission shall consider and comment on the findings required of the Town Council by Subsection C(2) and shall make a favorable or negative recommendation to the Town Council.

(4) The Planning Commission shall forward the master development plan, with any revisions, together with written comments and recommendations, and its floating zone comments, to the Town Council for action pursuant to the floating zone and master development plan approval process.

C. Town Council approval of floating zone and master development plan.

(1) The Town Council shall review the master development plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.

(2) The Town Council may approve or disapprove the proposed floating zone map amendment and associated master development plan, and shall follow the procedures set forth in Article XX for the approval of a floating zone. Concurrently with the location of a floating zone, the Town Council may approve the master development plan, which, in addition to the provisions of the applicable floating zone district, shall govern the subdivision and/or development of the property. In approving the floating zone Official Zoning Map amendment, the Town Council may approve the floating zone Official Zoning Map amendment if it finds that:

(a) The proposed floating zone amendment is consistent with the Comprehensive Plan;

(b) The proposed floating zone amendment is consistent with the stated purposes and intent of the applicable floating zone district;

(c) The proposed floating zone amendment complies with the requirements of this chapter;

(d) The plan is internally and externally compatible and harmonious with existing and planned land uses in the area; and

(e) Existing or planned public facilities are adequate to service the proposed development.

(3) In the event that a floating zone amendment is approved by the Town Council without subdivision and approval of an associated master development plan, the subject property or properties may not be subdivided until the owner complies with the master development plan review and approval provisions of this chapter, and may not be developed except in conformance with a site plan as required by and in conformance with this chapter.

D. Additional required procedures. In addition to the procedures set forth above, where applicable, the petitioner shall also comply with the Town's site plan approval procedures set forth in Article XXIII of this chapter, as well as the Town's subdivision regulations. Any development, site plan or subdivision approval for land in a floating zone district shall be consistent with the provisions of the applicable floating zone district and the specific master development plan applicable to the property, as approved or amended by the Town Council.

E. Amendment of master development plan.

(1) Any minor amendment of an approved master development plan may be approved by the Planning Commission at a regular meeting. An amendment will be considered minor if the Planning Commission determines that the amendment:

(a) Does not conflict with the applicable purposes and land use standards of this chapter;

(b) Does not prevent reasonable access of emergency vehicle access or deprive adjacent properties of adequate light and air flow; and

(c) Does not significantly change the general character of the land uses of the approved master development plan.

(2) Any amendment of a master development plan that adversely impacts upon the delivery or the Town's cost of public utilities, public services, public infrastructure, or otherwise adversely affects amenities available to the public or the public health and safety shall not be considered a minor amendment.

§ 128-21.9 RC Rural Conservation District.

The purpose of the Rural Conservation (RC) Overlay District is to preserve and protect areas of the Town which are within the Critical Area Rural Conservation Area (RCA). Development is limited to one single-family residence per 20 acres. Part of this district is also regulated by the Rural Agriculture (RA), Suburban Residential (SR), and/or Planned Neighborhood (PNA and PNE overlay) Districts.