A. 
The IRD Infill and Redevelopment Overlay Zone defines an area of the Town wherein the Planning Commission may approve development that may not meet all applicable requirements of this ordinance but implement objectives of the Comprehensive Plan that are found to be context-appropriate.
B. 
Accordingly, this section establishes flexible development standards and criteria that permit consideration without the requirement to approve infill and redevelopment proposals, including mixed-residential and mixed-use projects.
A. 
The provisions of this section shall apply to properties of 0.75 acres or less in the SR Single-Family Residential, TR Town Residential, MR Mixed Residential, and CBC Central Business zoning districts and within the IRD Overlay Zone recorded before September 23, 2010, and not part of a recorded subdivision. Small lots meeting these criteria may be combined to create a development site up to 0.75 acres. However, parcels larger than 0.75 acres may not be subdivided to create eligible properties.
B. 
A proposed use's nature, size, scale, or intensity may cause a particular site to be unsuitable for a specific proposal. Therefore, there is no general presumption that an application for such use at a particular location is valid, ensures the public benefit of the Town, is compatible with surrounding uses, or is in compliance with the Comprehensive Plan. Instead, each application will be evaluated according to its particular location and the degree to which the developer is willing or able to propose a development plan that ameliorates possible adverse impacts and furthers the goals and objectives of this Subsection and the Zoning Ordinance generally.
A. 
Other zoning provisions notwithstanding, minimum lot area, width, and yard requirements may be established for each project at the discretion of the Planning Commission. However, the Planning Commission may not permit a new principal structure to be located on a property line or closer than ten (10) feet to a principal structure on an adjacent property.
B. 
Other zoning provisions notwithstanding, the Planning Commission may permit additional dwelling units provided the lot area for the additional unit(s) is seventy-five percent or more of the required minimum area per unit. However, in no case shall a townhouse building or multifamily dwelling include more than four (4) units.
C. 
Buildings and structures are restricted to the height limit established for the district.
A. 
The Planning Commission may approve a proposed infill or redevelopment project upon finding that:
(1) 
The plan is consistent with the Design Guidelines (Appendix III)[1] as applicable;
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
(2) 
The plan is in accordance with the Denton Comprehensive Plan;
(3) 
The plan is internally and externally compatible and harmonious with existing and planned land uses in the area and
(4) 
Existing or planned public facilities adequately serve the proposed development.
B. 
The Planning Commission may establish appropriate conditions for approval of non-residential uses such as hours of operation, buffer and screening, signage, and lighting to ensure compatibility with adjacent residential uses.
A. 
Public notice of the Planning Commission's consideration of a proposed infill and redevelopment proposal shall be provided as outlined in § 128-216. In addition, property or properties proposed for development under the terms of this section shall be posted by the Town. Such posting shall appear on the site at least (14) days before the Planning Commission considers the application. At the time of posting, all required application information, as outlined herein, shall be present and available for review in the Town Office.
B. 
The applicant has the entire burden of proof to demonstrate the proposed infill or redevelopment proposal meets or exceeds the Development Guidelines. Therefore, applications shall include adequate information to address this burden of proof requirement and shall, at a minimum, include the following:
(1) 
A description of the proposed development site, i.e., a plot plan or survey plot.
(2) 
A description of existing conditions in the vicinity of the site (e.g., block face on both sides of the street within five hundred (500) feet of the proposed development site). These descriptions shall include documenting photographs and an analysis of the prominent architectural features along adjacent block faces and shall address the following:
(a) 
site location and topography,
(b) 
street connections,
(c) 
pedestrian pathways,
(d) 
lot coverage and
(e) 
building orientation.
(3) 
A description of existing neighborhood architectural characteristics and features, including:
(a) 
massing and proportions,
(b) 
entryways,
(c) 
windows,
(d) 
garage doors, if proposed,
(e) 
finishes and materials,
(f) 
ornamentation,
(g) 
roof detail, and
(h) 
color.
(4) 
A description of the proposed infill or redevelopment, including:
(a) 
elevations of all proposed buildings,
(b) 
a description of how the proposed infill or redevelopment is compatible with the features described in Subsection B(3) above and
(c) 
A statement of how the proposed infill or redevelopment meets the development and compatibility standards in Design Guidelines in Appendix III[1] and the findings requirements outlined in § 128-57.
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
Appeals from the decision of the Planning Commission concerning any application for infill or redevelopment may be made as provided in § 128-179 of this Chapter.