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.
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.
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.
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.
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.
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.
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.
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.
[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.
[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.
[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.
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.
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:
(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:
(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.
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.
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)
(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.
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.
ART/CRAFT STUDIO
ART GALLERY
ARTISTIC WORK
ARTIST LIVE/WORK SPACE
ART USE
Definitions. The following definitions
apply within the AE District.
A facility for art use as defined above that is separate
from any residential uses.
Building or space for the exhibition of art, usually visual
art.
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.
The use of all or a portion of a building for both art use
and the habitation of artists.
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.
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.
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.
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.
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.