---
# System prepended metadata

title: 'Part 5: Denton, TX Development Code'
tags: [' Code', ' TX', USA]

---

---
tags: USA, TX, Code
---

# Part 5: Denton, TX Development Code
## Use Regulations

### 5.1 - Purpose and Organization

#### 5.1.1 - Purpose.
This subchapter identifies the land uses allowed in the Denton zoning districts and establishes the standards that apply to certain uses (use-specific standards).

#### 5.1.2 - Organization.
This subchapter is organized as follows:

A. **Section 5.2:** Table of Allowed Uses, lists the uses allowed by zoning district and provides cross-references to applicable use-specific standards.

B. **Section 5.3:** Use-Specific Standards, establishes the unique standards applicable to certain land uses.

C. **Section 5.4:** Accessory Uses and Structures, establishes standards applicable to uses and structures that are accessory to the principal use of the property and/or structure.

D. **Section 5.5:** Temporary Uses and Structures, establishes standards applicable to non-permanent (temporary) structures and uses.

E. **Section 5.6:** Wireless Telecommunications Facilities, establishes standards applicable to wireless telecommunications facilities.

### 5.2 - Table of Allowed Uses
Table 5.2-A: Table of Allowed Uses, lists the uses allowed in the base zoning districts. All uses are defined in Subchapter 9: Definitions. Development or use of a property for any other use not specifically allowed in Table 5.2-A: Table of Allowed Uses, or otherwise approved under the appropriate procedure is prohibited.

#### 5.2.1 - Explanation of Table Abbreviations.
A. **Permitted By-Right Uses.** A "P" in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this DDC.

B. **Specific Use Permit Required.** An "S" in a cell indicates that the use is only permitted in the respective zoning district if approved as a specific use in accordance with the procedures in Subsection 2.5.2: Specific Use Permit (SUP).

C. **Prohibited Uses.** A blank cell indicates that the use is prohibited in the respective zoning district.

D. **Use-Specific Standards.** Regardless of whether or not a use is allowed by right or with approval of a specific use permit, additional standards may be applicable to that use. Use-specific standards are identified and cross-referenced in the last column of Table 5.2-A: Table of Allowed Uses. Uses marked with a "+" following the "P" or "S" in a zoning district indicates that use-specific standards apply to that use type in that zoning district. For example, "P + " indicates that a use is permitted by-right, but that additional standards apply in that zoning district.

#### 5.2.2 - Organization of Table.
In Table 5.2-A: Table of Allowed Uses, land uses are classified into general use categories and specific uses based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts.

#### 5.2.3 - Table of Allowed Uses.

*Table 5.2-A: Table of Allowed Uses*
<table>
<tr><td colspan="18"><b>P = permitted, S = specific use permit required, Blank cell = use prohibited, + = use-specific standards apply</b></td></tr>

<tr>
<td rowspan="2"></td>
<td colspan="7"><b>Residential</b></td>
<td colspan="3"><b>Mixed-Use</b></td>
<td colspan="2"><b>Corridor</b></td>
<td colspan="4"><b>Other Non-Residential</b></td>
<td rowspan="2"><b>Use-Specific Standards</b></td>
</tr>

<tr>
<td><b>RR</b></td>
<td><b>R1</b></td>
<td><b>R2</b></td>
<td><b>R3</b></td>
<td><b>R4</b></td>
<td><b>R6</b></td>
<td><b>R7</b></td>
<td><b>MN</b></td>
<td><b>MD</b></td>
<td><b>MR</b></td>
<td><b>SC</b></td>
<td><b>HC</b></td>
<td><b>GO</b></td>
<td><b>LI</b></td>
<td><b>HI</b></td>
<td><b>PF</b></td>
</tr>

<tr><td colspan="18"><b>Residential Uses</b></td></tr>
<tr><td colspan="18"><b>Household Living</b></td></tr>

<tr>
<td>Single-Family Detached Dwelling</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.3A</td>
</tr>

<tr>
<td>Townhome</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.3B</td>
</tr>

<tr>
<td>Duplex</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.3C</td>
</tr>

<tr>
<td>Triplex</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.3C</td>
</tr>

<tr>
<td>Fourplex</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.3C</td>
</tr>

<tr>
<td>Multi-family Dwelling</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td>5.3.3D</td>
</tr>

<tr>
<td>Tiny Home Development</td>
<td colspan="17">Subject to approval of a planned development (PD); see 5.3.3E</td>
</tr>

<tr>
<td>Work/Live Dwelling</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td>5.3.3F</td>
</tr>

<tr>
<td>Manufactured Home Development (HUD Code)</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.3G</td>
</tr>

<tr><td colspan="18"><b>Group Living</b></td></tr>

<tr>
<td>Chapter House</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>S</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>Community Home</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>53.3I</td>
</tr>

<tr>
<td>Dormitory</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>S</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Elderly Housing</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td>53.3H</td>
</tr>

<tr>
<td>Group Home</td>
<td>S+</td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>53.3I</td>
</tr>

<tr><td colspan="18"><b>Public, Institutional, Religious, and Civic Uses</b></td></tr>
<tr><td colspan="18"><b>Community and Cultural Facilities</b></td></tr>

<tr>
<td>Airport, City-Owned</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>Cemetery, City-Owned</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>Club or Lodge</td>
<td>P</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S+</td>
<td>P+</td>
<td>P</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.4A</td>
</tr>

<tr>
<td>Community Service</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>Day Care, Adult or Child</td>
<td>P</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P+</td>
<td></td>
<td></td>
<td>5.3.4B</td>
</tr>

<tr>
<td>Funeral and Internment Facility</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Homeless Shelter</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>5.3.4C</td>
</tr>

<tr>
<td>Landfill, City-Owned</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>Park, Playground, Open Space</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>Religious Assembly</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.3.4D</td>
</tr>

<tr><td colspan="18"><b>Educational Facilities</b></td></tr>

<tr>
<td>Business or Trade School</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td>5.3.4E</td>
</tr>

<tr>
<td>College or University</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>School, Private</td>
<td>P</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>School, Public</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
</tr>

<tr><td colspan="18"><b>Healthcare Facilities</b></td></tr>

<tr>
<td>Hospital Services</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td>5.3.4F</td>
</tr>

<tr>
<td>Medical Clinic</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>5.3.4G</td>
</tr>

<tr>
<td>Medical Office</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>5.3.4H</td>
</tr>

<tr><td colspan="18"><b>Commercial Uses</b></td></tr>
<tr><td colspan="18"><b>Agricultural and Animal Uses</b></td></tr>

<tr>
<td>General Agriculture</td>
<td>P</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P</td>
<td></td>
<td>5.3.5A</td>
</tr>

<tr>
<td>Commercial Stable</td>
<td>P</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.5B</td>
</tr>

<tr>
<td>Community Garden</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td></td>
</tr>

<tr>
<td>Kennel</td>
<td>P+</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.5C</td>
</tr>

<tr>
<td>Urban Farm</td>
<td>P</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Veterinary Clinic</td>
<td>P</td>
<td>S</td>
<td>S</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>5.3.5D</td>
</tr>

<tr><td colspan="18"><b>Recreation and Entertainment</b></td></tr>

<tr>
<td>Amenity Center</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Indoor Recreation Facility</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Outdoor Recreation Facility</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>S</td>
<td>S</td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>RV Park</td>
<td>S+</td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td></td>
<td>5.3.5E</td>
</tr>

<tr><td colspan="18"><b>Food and Beverage Services</b></td></tr>

<tr>
<td>Bar, Tavern, or Lounge</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>5.3.5F</td>
</tr>

<tr>
<td>Mobile Food Court</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td></td>
<td>5.3.5G</td>
</tr>

<tr>
<td>Private Club</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.5H</td>
</tr>

<tr>
<td>Restaurant</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>5.3.5I</td>
</tr>

<tr>
<td>Restaurant, with Drive-Through</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td>5.3.5J</td>
</tr>

<tr><td colspan="18"><b>Office, Business, and Professional Services</b></td></tr>

<tr>
<td>Administrative, Professional, and Government Office</td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>5.3.5K</td>
</tr>

<tr>
<td>Bank or Financial Institution</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>5.3.5L</td>
</tr>

<tr>
<td>Musician Studio</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.5M</td>
</tr>

<tr>
<td>Credit Access Business</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td>5.3.5N</td>
</tr>

<tr>
<td>Printing, Copying, and Publishing Establishment</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr><td colspan="18"><b>Personal Services</b></td></tr>

<tr>
<td>Laundry Facility, Industrial</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>S</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Laundry Facility, Self-Service</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td>5.3.5O</td>
</tr>

<tr>
<td>Personal Service, General</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Tattoo and Body Piercing Parlor</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.5P</td>
</tr>

<tr><td colspan="18"><b>Retail Sales</b></td></tr>

<tr>
<td>Building Materials and Supply Store</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>P</td>
<td></td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr>
<td>General Retail Unless Otherwise Specified, Less than 5,000 Square Feet</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>5.3.5Q</td>
</tr>

<tr>
<td>General Retail Unless Otherwise Specified, Between 5,000 Square Feet and 15,000 Square Feet</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr>
<td>General Retail Unless Otherwise Specified, More than 15,000 Square Feet</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.5R</td>
</tr>

<tr>
<td>Smoke Shop</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>

<tr><td colspan="18"><b>Lodging Facilities</b></td></tr>

<tr>
<td>Bed and Breakfast</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.5S</td>
</tr>

<tr>
<td>Boarding or Rooming House</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Hotel</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Motel</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Short-Term Rental</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.3.5T</td>
</tr>

<tr><td colspan="18"><b>Vehicles and Equipment</b></td></tr>

<tr>
<td>Auto Wash</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Automotive Fuel Sales</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.5U</td>
</tr>

<tr>
<td>Automotive Repair Shop, Major</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.5V</td>
</tr>

<tr>
<td>Automotive Repair Shop, Minor</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.5W</td>
</tr>

<tr>
<td>Automotive Sales or Leasing</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>

<tr>
<td>Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td></td>
<td>5.3.5X</td>
</tr>

<tr>
<td>Equipment Sales and Rental</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td></td>
<td>S+</td>
<td>P+</td>
<td></td>
<td>5.3.5Y</td>
</tr>

<tr>
<td>Parking Lot as a Principal Use</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Travel Plaza</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P</td>
<td></td>
<td>P</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr><td colspan="18"><b>Adult Entertainment Establishments</b></td></tr>

<tr>
<td>Sexually Oriented Business</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td></td>
<td>5.3.5Z</td>
</tr>

<tr><td colspan="18"><b>Industrial Uses</b></td></tr>
<tr><td colspan="18"><b>Manufacturing and Processing</b></td></tr>

<tr>
<td>Craft Alcohol Production</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td>5.3.6A</td>
</tr>

<tr>
<td>Feedlot, Slaughterhouse, or Packaging Plant</td>
<td>S</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Food Processing, Less than 2,500 Square Feet</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.6B</td>
</tr>

<tr>
<td>Food Processing, More than 2,500 Square Feet</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.6C</td>
</tr>

<tr>
<td>Gas Well</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>Subchapter 6: Gas Wells</td>
</tr>

<tr>
<td>Manufacturing, Artisan</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td>5.3.6D</td>
</tr>

<tr>
<td>Manufacturing, Low-Impact</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P</td>
<td>P</td>
<td></td>
<td>5.3.6E</td>
</tr>

<tr>
<td>Manufacturing, Medium-Impact</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td>S</td>
<td>P</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Manufacturing, High-Impact</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Commercial Incinerator, Transfer Station</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td></td>
<td></td>
</tr>

<tr><td colspan="18"><b>Storage and Warehousing</b></td></tr>

<tr>
<td>Outdoor Storage</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>5.3.6F</td>
</tr>

<tr>
<td>Self-Service Storage</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.3.6G</td>
</tr>

<tr>
<td>Storage of Hazardous Materials</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S</td>
<td></td>
<td></td>
</tr>

<tr>
<td>Warehouse and Wholesale Facility</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
<td>5.3.6H</td>
</tr>

<tr><td colspan="18"><b>Public and Semi-Public Utility Uses</b></td></tr>

<tr>
<td>Basic Utilities</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td>P</td>
<td></td>
</tr>

<tr>
<td>Power Stations, Electric Substations, Interchanges, and Switch Stations</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.3.7A</td>
</tr>

<tr>
<td>Solar Collector as Principal Use</td>
<td>S+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>5.3.7B</td>
</tr>

<tr>
<td>Wind Energy Conversion System (WECS)</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>S+</td>
<td>S+</td>
<td>5.3.7C</td>
</tr>

<tr>
<td>Wireless Telecommunications</td>
<td colspan="17">See Section 5.6: Wireless Telecommunications Facilities</td>
</tr>

<tr><td colspan="18"><b>Accessory Uses</b></td></tr>

<tr>
<td>Accessory Dwelling Unit</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.4.4A</td>
</tr>

<tr>
<td>Donation Box</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.4.4B</td>
</tr>

<tr>
<td>Home Occupation</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>5.4.4C</td>
</tr>

<tr>
<td>Outdoor Storage, Accessory</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.4.4D</td>
</tr>

<tr>
<td>Sale of Produce and Plants Raised on Premises</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.4.4E</td>
</tr>

<tr>
<td>Solar Collector, (Ground- or Building-Mounted)</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.4.4F</td>
</tr>

<tr>
<td>Wind Energy Conversion System (WECS), Small (Ground-Mounted)</td>
<td>P+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.4.4G</td>
</tr>

<tr>
<td>Wind Energy Conversion System (WECS), Small (Building-Mounted)</td>
<td>P+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>S+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>0</td>
</tr>

<tr><td colspan="18"><b>Temporary Uses</b></td></tr>

<tr>
<td>Temporary Storage Containers and Other Portable Storage Units</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.5.6A</td>
</tr>

<tr>
<td>Concrete or Asphalt Batching Plant, Temporary</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.5.6B</td>
</tr>

<tr>
<td>Farmer's Market or Open Air Market</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.5.4</td>
</tr>

<tr>
<td>Field or Construction Office</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.5.6C</td>
</tr>

<tr>
<td>Seasonal Sales</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td></td>
<td>5.5.4</td>
</tr>

<tr>
<td>Special Event</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.5.4</td>
</tr>

<tr>
<td>Portable Wireless Telecommunications Facility</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>P+</td>
<td>5.5.4</td>
</tr>
</table>

(Ord. No. DCA19-0012a, § 2(Exh. A), 11-5-2019; Ord. No. DCA19-0023a, § 2(Exh. A), 1-7-2020; Ord. No. DCA19-0025a, § 2(Exh. A), 2-4-2020; Ord. No. DCA19-0027a, § 2(Exh. A), 2-4-2020)

#### 5.2.4 - Classification of New and Unlisted Uses.
The following procedure shall apply if an application is submitted for a use category or use type that is not specifically listed in Table 5.2-A: Table of Allowed Uses. Submission and approval of such an application shall be required prior to approval of any other permit or development approval associated with the use.

A. **Director Determination of Appropriate Use Category and Use Type.** The Director shall determine the appropriate use category and use type for the proposed use. In such determination, the Director shall consider the potential impacts of the proposed use including the nature of the use and whether it includes dwellings, sales, processing, storage, operations, employment characteristics, nuisances, requirements for public utilities, and transportation requirements.

B. **Establish Use-Specific Standards if Necessary.** During the initial determination, the Director shall also determine whether or not additional use-specific standards are necessary to reduce potential impacts to the surrounding properties or the community.

C. **Post-Determination Actions.**
1. Appeals of administrative decisions shall be made pursuant to the procedures under Subsection 2.8.3: Appeal of Administrative Decision.
2. If the determination of an appropriate use category and use type results in a finding that the use, structure, or activity will be a common use or would create confusion by remaining unlisted, the Director may initiate an application for a DDC text amendment pursuant to Subsection 2.7.4: Zoning Text Amendment, to revise Table 5.2-A: Table of Allowed Uses, accordingly. Until final action is taken on the DDC text amendment application, the use determination by the Director shall be binding.

### 5.3 - Use-Specific Standards

#### 5.3.1 - Generally.
A. **Applicability.** Use-specific standards in this section shall apply to all zoning districts unless otherwise stated.

B. **Cross-References in Table of Allowed Uses.** All uses with use-specific standards as indicated in the right-hand column of Table 5.2-A: Table of Allowed Uses, shall comply with the applicable standards in this section. All development shall also comply with the applicable standards in Subchapter 6: Development Standards, and other relevant provisions of this DDC.

C. **Resolution of Conflicting Standards.** In case of a conflict between these use-specific standards and the standards in Subchapter 6: Development Standards, or other relevant provisions in this DDC, these use-specific standards shall govern, unless otherwise stated.

D. **Maximum Persons Occupying a Dwelling.** No single dwelling unit shall have more than four unrelated persons residing therein, nor shall any "family" have, additionally, more than four unrelated persons residing with such family. Hotels, motels, bed and breakfast establishments, boarding houses, chapter house, and dormitories are exempt from this requirement. Additionally, any organization or institutional group that receives federal or state funding for the care of individuals is exempt from this requirement.

#### 5.3.2 - Performance Standards for All Uses.
A. **Applicability.**
1. **General.** Unless exempted elsewhere in this DDC, the performance standards in this Subsection 5.3.2, shall apply to all uses in all zoning districts.
2. **Gas Wells.** The standards in this Subsection 5.3.2 shall not apply to gas wells and/or gas well drilling and production as authorized in Subchapter 6: Gas Wells.

B. **Smoke and Particulate Matter**. All operations and uses shall comply with federal, state, and county emissions standards.

C. **Odorous Matter.** No use shall be located or operated which involves the emission of odorous matter in violation of Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-21: Odors.

D. **Hazardous or Explosive Hazard Material.**
1. A specific use permit shall be required for any use involving the storage, handling, or use of hazardous materials when the quantity is in excess of the exempt amount or maximum allowable per control area, as specified in the Building or Fire Code.
2. Notwithstanding the above regulations regarding hazardous materials storage, any substance designated as highly hazardous and requiring a state or federal permit shall only be permitted in the HI zoning district, and shall require specific use permit approval.

E. **Toxic and Noxious Matter.** No operation or use shall emit a concentration across any property line that will exceed 10 percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the Building Official.

F. **Vibration.** No operation or use shall at any time create earth-borne vibration beyond any property line if the source operation exceeds the limits of displacement set forth in the following table:

*Table 5.3-C: Vibration Displacement Thresholds*
<table>
<tr>
<td rowspan="2"><b>Frequent Cycles per Second</b></td>
<td colspan="2"><b>Displacement in Inches</b></td>
</tr>

<tr>
<td><b>LI and HI Zoning Districts</b></td>
<td><b>All Other Zoning Districts</b></td>
</tr>

<tr>
<td>0 to 10</td>
<td>0.002</td>
<td>0.001</td>
</tr>

<tr>
<td>10 to 20</td>
<td>0.0016</td>
<td>0.0008</td>
</tr>

<tr>
<td>20 to 30</td>
<td>0.001</td>
<td>0.0005</td>
</tr>

<tr>
<td>30 to 40</td>
<td>0.0006</td>
<td>0.0004</td>
</tr>
</table>

G. **Noise.** No operation shall emit noise beyond the thresholds established in Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-20: Noise.

H. **Glare.** No use or operation shall be located or conducted in such a manner that produces intense glare or direct illumination across any property line, nor shall any light be of an intensity that creates a nuisance or detracts from the use and enjoyment of adjacent property.

I. **Evidence of Compliance.** The Director shall require such evidence of ability to comply with appropriate performance standards and mitigation measures as deemed necessary prior to issuance of a building permit and certificate of occupancy.

#### 5.3.3 - Residential Uses.
A. **Single-Family Detached Dwelling**
1. Single-family detached structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design.
2. A specific use permit is required prior to the placement of a manufactured home HUD-code on any lot.

B. **Townhome.**
1. Each individual dwelling unit shall have a separate entrance facing the street frontage to which the building address is assigned. Buildings on corner lots may have entrances facing either street frontage.
2. Each dwelling shall have direct access to a street or alley.
3. Townhome structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design.
4. Each individual dwelling unit shall have a minimum of 900 square feet of living space floor area.

C. **Duplex, Triplex, and Fourplex.**
1. Each individual dwelling unit shall have a separate exterior entrance and separate utility meters.
2. Duplex, triplex, and fourplex structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design.
3. Each individual duplex dwelling unit shall have a minimum of 900 square feet of living space floor area.
4. Each individual triplex or fourplex dwelling unit shall have a minimum of 600 square feet of living space floor area.

D. **Multifamily Dwelling.**
1. In the MN, MD, and MR zoning districts, the ground floor fronting a public street shall have a minimum wall height of 12 feet.
2. Multifamily buildings shall comply with the design standards established in Section 7.10.4: Multifamily Site and Building Design.
3. Each individual dwelling unit shall have a minimum of 400 square feet of living space floor area.

E. **Tiny Home Development.** Tiny home developments shall be developed as part of a Planned Development and meet the following standards:
1. **Design and Layout.**
    a. The minimum project size for tiny home development is 10,000 square feet.
    
    b. Tiny home developments shall have a minimum of four dwelling units.
    
    c. Each individual dwelling unit shall have a minimum of 300 square feet of living space floor area and a maximum of 500 square feet of living space floor area.
    
    d. Parking shall be located at the side or rear of each principal structure or in a separate designated shared parking area.
    
    e .A shared open space containing a minimum of 10 percent of the project area shall be provided.
    
    f. Each tiny home dwelling unit shall be separated by a minimum of ten feet.

2. **Operation and Ownership.**
    a. Each tiny home dwelling unit shall be on a permanent foundation and shall be connected to public water and sanitary sewer.
    
    b. One accessory storage structure less than 100 square feet may be permitted for any unit that is part of a tiny home development approval.
    
    c. One accessory storage structure less than 600 square feet may be permitted as a shared maintenance storage facility for the tiny home development. Said structure shall be enclosed on all sides and separated from other structures by a minimum of five feet.
    
    d. Access drives within a tiny home dwelling development shall be constructed to city standards.
    
    e. Tiny home projects shall be organized as condominium developments meeting all requirements of Texas state law.
    
    f. Individual lots or portions of the site may not be subdivided for sale, except as allowed as part of a condominium development under Texas state law.
    
    g. Applicants proposing tiny home dwellings shall enter into a development agreement with the city requiring the condominium or other property owner's association to maintain all streets, utilities, and infrastructure that is not dedicated to and accepted by the city.

F. **Work/Live Dwelling.**
1. **Size and Location.**
    a. The residential component of a work/live dwelling shall not exceed 50 percent of the total gross floor area.
    
    b. The residential component shall be located above or behind nonresidential portions of the structure.c.The residential dwelling unit shall have a minimum of 400 square feet of living space floor area.
2. **Ownership.** The nonresidential use shall be owned and operated by a resident of the work/live dwelling. Individuals that do not reside at the work/live dwelling may be employed by the owner.

G. **Manufactured Home Development (HUD Code).**
1. **Dimensional and Design Standards.**
    a. The minimum lot area required for a manufactured home development (HUD Code) shall be 10 acres.
    b. Each stand shall provide a minimum area of 5,000 square feet; however, no such stand shall be less than 40 feet in width nor less than 100 feet in depth.
    c. The minimum front yard setback shall be 15 feet from the nearest corner of the manufactured home to the front line of the stand.
    d. No manufactured home shall be closer than 15 feet to any adjoining public right-of-way.
    e. For other structures, the minimum front yard setback shall be at least 15 feet.
    f. The minimum distance between manufactured homes shall be 20 feet on the side and 16 feet on the front and rear.
    g. The area beneath the manufactured home structure shall be concrete to provide adequate support for the placement of the structure.
    h. Manufactured home development (HUD code) shall comply with the perimeter fencing standards established in Subsection 7.7.8: Walls, Fences, and Screening.
    
2. **Minimum Dwelling Size.** Each individual dwelling shall have a minimum of 400 square feet of living space floor area.

3. **Parking.**
    a. Parking shall be located at the side or rear of the principal structure.
    
    b. Required off-street parking shall be concrete, and all other parking areas shall be constructed of all-weather materials and located to eliminate interference with access to parking areas provided for other structures and for public parking within the development.
    
    c. A minimum parking area of 160 square feet per manufactured home space shall be provided for the storage of boats or vehicles in excess of two per manufactured home unit to minimize on-street parking and to facilitate the movement of emergency vehicles into and through the development.

4. Recreation Area.
    a. All manufactured home developments shall have at least one recreation area, located in an area that is free of traffic hazards, easily accessible to all residents of the development, and centrally located (where topography permits).
    
    b. Recreation areas and facilities, such as playgrounds, swimming pools and community buildings, shall be provided that will meet the anticipated needs of the clientele the development is designed to serve.
    
    c. Not less than eight percent of the gross development area shall be devoted to recreational facilities, generally in a central location. In large developments, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas and swimming pools, but not including vehicle parking, commercial, maintenance and utilities areas.
    
    d. When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares, and parking areas.

5. **Accessory Uses.** Manufactured home developments may include accessory service buildings associated with the development including: utilities; management office; repair shop; equipment storage; sanitary facilities; laundry facilities; and recreation facilities.

6. **Access and Traffic Circulation.**
    a. Internal streets in manufactured home developments shall be privately owned, built, and maintained, and shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of residents of the development.
    
    b. An internal street or common access route shall be provided to each stand. All internal streets or common access routes shall be a minimum of 30 feet in width from back of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the development, public streets, or in the alternative, shall be provided with a cul-de-sac having a minimum radius of 40 feet. All other streets shall have a minimum radius at intersections of 30 feet. No internal street ending in a cul-de-sac shall exceed 1,000 feet in length.
    
    c. All streets shall be constructed of at least two inches of asphalt, six inches of lime subgrade and with standard or surmountable curbs. Alternative materials for street construction may be approved by the City Engineer as long as the alternative exceeds the standards in this section or those established in a city criteria manual.
    
    d. Internal streets shall be maintained free of excessive cracks, potholes, and other hazards at the expense of the licensee. Inspection of the streets shall occur at least yearly in conjunction with other city inspections of the manufactured home development. The inspections shall be made by the City Engineer and shall cover the hazards listed in this subsection.
    
    e. All streets within the development shall be numbered or named in an approved manner.
    
    f. Interior streets shall intersect adjoining public streets at 90 degrees and at locations that will eliminate or minimize interference with the traffic on those public streets. Design of the interior streets shall be approved by the traffic engineer with respect to horizontal and vertical alignment, access points to city streets, parking locations, and internal access for emergency vehicles.

7. **Utilities and Services.**
    a. All utility lines shall be installed underground in manufactured home developments.

    b. Water and sewer connections shall be made to the public supply of water in accordance with city standards.

    c. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and city regulations and requirements.d.Individual water meters shall be provided for each manufactured home dwelling.e.All manufactured home developments shall comply with the city's residential solid waste regulations.

H. **Elderly Housing.**
1. In the R6, R7, and MN zoning districts, elderly housing shall be limited to a maximum of 55,000 square feet per lot.
2. Assisted living facilities may be subject to additional standards in Subsection 5.3.3I.

I. **Group Home and Community Home.**
1. **Purpose.** The city supports the rights of handicapped persons to live in stable, affordable housing in settings that maximize community integration and opportunities for acceptance. The city desires to make reasonable accommodations in rules, policies, and practices to afford handicapped persons equal opportunity to use and enjoy a dwelling. The city supports decentralization as a method of assuring that handicapped persons are allowed to reside in a neighborhood, which retains its residential character. Unregulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents. The city desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped.

2. **Use and Operation.** The use and operation of a Community Home for Disabled Persons that meets the qualifications of this subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than six residents and two supervisors, regardless of the legal relationship of those persons to one another and the community home is not within one-half mile of an existing community home. The residents of the community home may not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home.

3. **Qualification.** To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123, of the Texas Human Resources Code and the following regulations:

    a. **Operation.** A community based residential home may be operated by:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. The Texas Department of Mental Health and Mental Retardation;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. A community center organized under Chapter A, Subchapter 534, of the Texas Health & Safety Code;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. An entity subject to the Texas Non-Profit Corporation Act, Tex. Rev. Civ. Stat. Ann art. 1396-1.01, et seq. (Vernon 1997), as amended;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iv. An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;v. An assisted living facility licensed under Chapter 247, of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings.

    b. **Licensing.** The community home must meet all applicable federal, state, and local licensing requirements.

    c. **Site Plan Required.** The community home must provide a site plan that clearly shows compliance with the following criteria:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. Any single-family dwelling unit proposed to be used as shared group housing for the handicapped shall provide the following:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a. To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom.
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom.

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. Any single-family dwelling unit proposed to be used as shared group housing for handicapped persons shall provide for a separate bedroom for the care provider(s).

4. **Specific Use Permit Required.**
    a. **Permit Required.** It shall be unlawful for any person to occupy, construct, alter, extend, or expand any assisted living facility, group home for handicapped persons, or institution within the limits of the city without a valid permit issued by the city in the name of such person for the specific occupation, construction, alteration, or extension of the assisted living facility, group home, or institution proposed.
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. **Transfer.** The permit shall be specific to the person named in the application for the permit and shall not be transferred without the prior written consent of the city through the issuance of a new permit.
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. **Expiration of Permit.** If the proposed occupation, construction, alteration, or extension is not commenced within one calendar year from the date the permit for such occupation, construction, alteration, or expansion was issued, said permit shall automatically expire, unless the city approves an extension of time or issues a new permit.

    b. **Application and Fee Requirements.** All applications and required fees for assisted living facilities, group home, or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. Name and address of the applicant;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. Location and legal description of the property where the assisted living facility or group home will be located; and
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. Documentation that the assisted living facility, group home for handicapped persons, or institution has met federal, state, and local licensing requirements.

    c. **Site Plan Requirements.** Any structure proposed to be used for shared group housing for the handicapped shall provide the square footage in each bedroom:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom.
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom.
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. Any structure proposed to be used for an assisted living facility, group housing for handicapped persons, or institution shall provide for a separate bedroom for the care provider(s).

d. **Issuance of Permit.** In considering the application, the city may take into account the proposed location of the assisted living facility, group home for handicapped persons, or institution in relation to the present and anticipated land use and development. After review of the application and, upon determining that the application and the proposed, assisted living facility, group home for handicapped persons, or institution complies with this subchapter and other applicable laws, codes, and regulations, the permit shall be issued.

e. **Denial of Permit/Hearing.** Any person whose application for a permit under this subchapter has been denied, may, within 10 days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. A denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No new application for a permit shall be accepted within one year of the denial, unless the denial upon rehearing, or the denial for rehearing, is without prejudice to the refilling of same.

f. **Permit Exemption.** The permit requirement is for the use and occupancy of assisted living facilities, group homes, or institutions and does not include community homes for disabled persons.5.Licenses. It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained, upon any property owned or controlled by such person any assisted living facility, group home for handicapped persons, or institution within the limits of the city unless such person holds a valid license issued in accordance with the Administrative Criteria Manual.

6. **Location of Assisted Living Facility, Group Home for Handicapped Persons, or Institution.** No other assisted living facility, group home for handicapped persons, or institution shall be located within a radius of 600 feet of another licensed facility, home, or institution as determined by the city.

7. **Inspections.**
    a. **Compliance Inspection.** Any duly authorized inspector of the city, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor-Collector shall be permitted to make reasonable inspections of any assisted living facility, group home, or institution to determine compliance with this DDC and other applicable city ordinances.
    
    b. **Right of Entry.** Any duly authorized inspector of the city, as set forth in subsection, a shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this subchapter. The inspector should seek the permission of a lawful adult occupant prior to entry. Upon refusal of entry, the city shall have all available remedies at law to gain entry, including but not limited to a court order showing probable violation of state or local law.

8. **Notices, Hearings, and Orders.**
    a. **Notice of Violations; Requirements of Notice; Suspension and/or Revocation.** Whenever it is brought to the attention of the city that there has been a violation of any provision of this subchapter, the city shall give notice of such alleged violation to the permittee or licensee, or their respective agent, and each resident of the facility as provided. The notice shall:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. Be in writing;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. Include a statement of the reasons for its issuance;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. Allow a reasonable time of not less than 30 days nor more than one year, based upon the nature and severity of the violation and having due regard for the safety and protection of the community, for the performance of the corrective measures required;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iv. Be served upon the permittee or licensee, or the permittee or licensee's agent; provided, however, that the notice shall be deemed to have been properly served upon the permittee, licensee, or their respective agents, when a copy has been sent by mail to the permittee's, licensee's, or their respective agent's, last known address, or when the permittee or licensee, or respective agent, has been served with the notice by any method authorized or required by the laws of this state; and
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;v. Contain an outline of remedial action, when, if taken, will effect compliance with the provisions of this subchapter. If the violation is not remedied in accordance with the notice, and a breach of the subchapter continues, then the city, may suspend and/or revoke any permits or licenses issued in addition to any punishment provided. Residents of the facility shall be notified by mail of any notice of violations or orders by regular mail and/or posting of the notice in common areas of the facility.

    b. **Vacation of Residents/Cessation of Operations.** The notice shall also specify vacation by the residents for the period of suspension or as ordered by the city upon revocation. The city may order the immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety, and general welfare of the citizens of the city.

9. **Compliance Required.** It shall be the responsibility of the permittee or licensee to ensure that all requirements of this subchapter are met and maintained. Any violation of any of the provisions of this subchapter shall subject the permittee or licensee to the general penalty provisions of this DDC.

#### 5.3.4 - Public, Institutional, Religious, and Civic Uses.
A. **Club or Lodge.**
1. **Operation.** Club or lodge facilities shall be owned or operated by a non-profit or social welfare organization that is tax-exempt as described in the Internal Revenue Code (IRC), Section 501(c)(4). Such facilities shall be for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain.

2. **R7 and MN Zoning District.**
    a. Uses are limited to no more than 10,000 square feet of gross floor area per lot. A specific use permit is required for additional square footage for a club or lodge.
    
    b. Drive-through service is prohibited.
    
    c. Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot.

3. **MR Zoning District.**
    a. Uses are limited to no more than 20,000 square feet of gross floor area per lot.
    
    b. Drive-through service is prohibited.
    
    c. Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot.

4. **LI and HI Zoning Districts.** Uses are limited to no more than 20,000 square feet of gross floor area per lot.

B. **Day Care, Adult or Child.** In the LI zoning district, day care is only allowed as an accessory use to the primary business within the same structure. Such accessory use shall be limited to serving only those employees or owners of the business or businesses within the same structure.

C. **Homeless Shelter.**
1. **Separation.** Unless municipal consent is granted under paragraph (3) below, a person may not construct or operate a homeless shelter within 1,000 feet of another homeless shelter or a public or private school. For purposes of this standard, distance is measured along the shortest straight line between the nearest property line of the homeless shelter and the nearest property line of another homeless shelter or a primary or secondary school, as appropriate.

2. **Notice.**
    a. A person who intends to construct or operate a homeless shelter shall:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. Post notice of the proposed location of the shelter at that location; and
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. Provide notice of the proposed location of the shelter to the governing body of the municipality within the boundaries of which the shelter is proposed to be located.
    
    b. The person shall post and provide the notice required by paragraph (a) above before the 61st day before the date the person begins construction or operation of the homeless shelter, whichever date is earlier.

3. **Municipal Consent.**
    a. Municipal consent to the construction or operation of a homeless shelter subject to paragraph (1) above is considered granted unless, before the 61st day after the date notice is received by the city under paragraph C.2., the city determines by resolution after a public hearing that the construction or operation of a shelter at the proposed location is not in the best interest of the city.
    
    b. The City Council may rescind a resolution adopted under paragraph (a) above.

D. **Religious Assembly.** A religious assembly use may include accessory or subordinate uses and structures associated with its religious mission, such as: rectories, convents, meeting halls, offices for administration of the institution, schools, educational facilities, dormitories for students, parsonages, dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas or production studios, or any combination of such optional uses, provided that:
1. Any accessory or subordinate uses are secondary to an active primary religious assembly use located on the same premises, regardless of whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, customs, celebrations, ceremonies, rituals, rites, worship, or content are provided in conjunction with such uses; and
2. Any uses having a residential component, such as rectories, convents, parsonages, dormitories and dwelling units, shall be located within an accessory structure, secondary to the main religious assembly use. The principal structure may not be used for any such residential use.

E. **Business or Trade School.**
1. **MN and MD Zoning Districts.** Uses are limited to no more than 5,000 square feet of gross floor area per lot.
2. **MR and SC Zoning Districts.** Uses are limited to no more than 10,000 square feet of gross floor area per lot.F.Hospital Services. In the MR and SC zoning districts, main entries and ambulance loading zones shall not face residential zoning categories.G.Medical Clinic. In the MN, MD, and SC zoning districts, uses are limited to no more than 10,000 square feet of gross floor area per lot.

In the MN, MD, MR, and SC zoning districts, main entrances and ambulance loading zones shall not face residential zoning categories.

H. **Medical Office.**
1. **R7 Zoning District.** Uses greater than 10,000 square feet requires a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP).
2. **MN Zoning District.** Uses are limited to no more than 10,000 square feet of gross floor area per lot.
3. **MD and SC Zoning Districts.** Medical Office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP).

(Ord. No. DCA19-0012a, § 2(Exh. A), 11-5-2019; Ord. No. DCA19-0023a, § 2(Exh. A), 1-7-2020; Ord. No. DCA19-0023b, § 2, 1-14-2020)

#### 5.3.5 - Commercial Uses.
A. **General Agriculture.** The keeping of livestock and other animals shall be subject to the standards in Subpart A, Chapter 6: Animals, in the Municipal Code of Ordinances.

B. **Commercial Stable.** In the R1 and R2 zoning districts, livestock are limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three.

C. **Kennel.**
1. **Enclosed Building Requirement.** The parts of a building where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.
2. **Kennels with Outdoor Facilities.** Outdoor facilities, including outdoor runs, shall not be located within 150 feet of any adjacent property unless such adjacent property is owned by the operator of the kennel.

D. **Veterinary Clinic.** In the MD zoning district, veterinary clinics are limited to no more than 5,000 square feet per lot.

E. **RV Parks.**
1. **Generally.**
    a. Occupation by a single user shall not exceed a period of six months.
    
    b. The principal business of a RV park shall be to provide sites for RVs, camper vehicles, and travel trailers. Mobile homes designed to meet residential building codes are prohibited.
    
    c. Plumbed sanitary facilities shall include a minimum of one men's and one women's toilet, lavatory, and shower for each 25 RV spaces that provide water and sewer hookups, and one men's and one women's toilet, lavatory, and shower for each 15 RV spaces that that do not provide water and sewer hookups.
    
    d. One sanitary dump station with water facilities shall be provided for every RV park.

2. **Site Design Standards.**
    a. RV parks shall have a minimum land area of one-half acres.
    
    b. The maximum density for an RV park is 25 recreational vehicle stalls per one acre of gross land area.
    
    c. Recreational vehicles shall be separated from each other and from all other structures by a minimum of 10 feet. For the purposes of such measurement, any accessory to a recreational vehicle, such as an awning or individual storage facility, shall be considered as part of the recreational vehicle.
    
    d. No recreational vehicle shall be closer than 20 feet to the property line adjoining a public right-of-way nor closer than 15 feet to any residential zoning district as established in Table 3.1-A: Zoning District Designations.

3. **Access and Circulation.**
    a. Entrances and exits may not be accessed through a residential zoning district as established in Table 3.1-A: Zoning District Designations, nor require traffic movement to or from the RV park through a residential zoning district.
    b. Access to a lot may be provided via a public access easement. There shall be no minimum required street frontage.
    c. Two-way and one-way traffic drive-aisle widths shall conform to the dimensional standards in this DDC and the Transportation Design Criteria Manual.

4. **Parking.** Each RV space shall include parking for a recreational vehicle. Additional off-street parking shall be provided at community sanitary facilities.

5. **Accessory Uses.** RV parks may include the following accessory uses: service buildings associated with the campground or RV park including utilities, management office, repair shop, equipment storage, sanitary facilities, and laundry facilities; recreation facilities; equipment rentals; concessions; camping supply sales; and up to two residential dwelling units or permanent recreational vehicles for the purpose of housing a resident manager and caretaker.

F. **Bar, Tavern, or Lounge.**
1. The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container.
2. The distribution of manufactured or alcoholic beverage products is prohibited.

G. **Mobile Food Court.**
1. **Operation.**
    a. Participating mobile food businesses or other authorized vendors shall obtain a business license and any other permits or approvals as required by the Municipal Code of Ordinances prior to operation at a mobile food court.

    b. All activities associated with a mobile food court must comply with all health department requirements.

    c. All proposed activities shall be conducted on private property owned or otherwise controlled by the applicant.

    d. The proposed mobile food court shall not impede pedestrian or vehicular traffic in the public way.

    e. Live music shall conform to established noise standards in the City of Denton.

2. **Design.**
    a. A minimum lot or parcel area of 2,000 square feet is required to operate a mobile food court.

    b. All dimensional and development standards of the underlying zoning district shall be met prior to approval of a mobile food court.

    c. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the specific use permitting process.d.The mobile food court shall not occupy required parking stalls of any principal use of the site.

H. **Private Club.**
1. **RR, MN, and MD Zoning Districts.**

    a. Private clubs shall be limited to sit down only, no more than 100 seats, and no more than 4,000 square feet of restaurant area.

    b. Drive up service is prohibited.

2. **MR, SC, LI, and HI Zoning Districts.** Uses are limited to no more than 10,000 square feet of gross floor area.

I. **Restaurant.**

1. In the MN zoning district, restaurants shall not exceed 10,000 square feet per lot.

2. The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container.

3. The distribution of manufactured or alcoholic beverage products is prohibited.

J. **Restaurant, with Drive-Through.** All drive-through facilities shall comply with the Transportation Design Criteria Manual; Subsection 7.9.7: Loading Areas and Drive-Throughs; and the off-street parking, loading, and stacking requirements established in Section 7.9: Parking and Loading.

K. **Administrative, Professional, and Government Office.**
1. R3, R4, and R6 Zoning Districts. Administrative, professional, and government office uses shall not exceed 10,000 square feet per lot.
2. R7 Zoning District. Uses greater than 10,000 square feet require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP).
3. MN and MD Zoning Districts. Administrative, professional, and government office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP).

L. **Bank or Financial Institution.**
1. **R7 Zoning District.**
    a. Drive-through facilities are prohibited.
    b. Banks or financial institutions shall only be allowed as part of a mixed-use building.
2. **MN, and MD Zoning Districts.** Drive-through facilities require a specific use permit approval pursuant to Subsection 2.5.2: Specific Use Permit (SUP).

M. **Musician Studio.** Musician studios shall conform to established noise standards in the City of Denton.

N. **Credit Access Business.**
1. Credit access businesses shall not be located within 1,000 feet of another credit access business, measured in a direct line from property line to property line.
2. Credit access businesses shall register with the city pursuant to City Ordinance 2013-073.

O. **Laundry Facility, Self-Service.**
1. R7 Zoning District. Self-service laundry facilities shall only be permitted as an accessory use to multifamily dwellings, and such use shall be located within a multifamily structure.
2. MN, MD, and MR Zoning Districts. Individual self-service laundry facilities shall not exceed 2,500 square feet per lot.

P. **Tattoo and Body Piercing Parlor.** Tattoo and body piercing parlors shall comply with licensing and certification requirements of the Texas Department of State Health Services.

Q. **General Retail Unless Otherwise Specified, Less than 5,000 Square Feet.** In the R7 zoning district, general retail shall only be allowed as part of a mixed-use building.

R. **General Retail Unless Otherwise Specified, More than 15,000 Square Feet.** In the LI and HI zoning districts, general retail uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP).

S.Bed and Breakfast.
1. **Size and Number of Guest Units.**
    a. In the RR, R4, R6, R7, and MN zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be five.
    
    b. In all other zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be eight.

2. **Location and Operation.**
    a. Bed and breakfast establishments shall be within 200 feet of a collector or arterial street. Distances shall be measured along a public street or alley access to the site from the arterial or collector street.
    
    b. The business owner or manager shall be required to reside on the property or on an adjacent property.

T. **Short-Term Rental.**
1. **Registration Requirements.** No person shall advertise, offer to rent, or rent, lease, sublease, license, or sublicense a residential property within the city as a short-term rental for which a registration has not been properly made and filed with the Development Services Department. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information:

    a. Name, address, phone number and e-mail address of the property owner of the short-term rental property;
    
    b. Verification that the proposed short-term rental property is the applicant's primary residence;
    
    c. Name, address, phone number and e-mail address of the designated local emergency contact;
    
    d. The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with Subsection 5.3.1D: Maximum Persons Occupying a Dwelling;
    
    e. A submission of a sketch floor plan of the dwelling with dimensional room layout; and
    
    f. A site plan/survey of the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto streets, sidewalks or alleys, other public rights-of-way or public property.

2. **Operation.**
    a. External Signage. There shall be no external on-site or off-site advertising signs or displays indicating the property is a short-term rental.

    b. Limit on Occupants Allowed. No more than two adult guests per bedroom, plus no more than two additional adults shall be allowed when renting a property as a short-term rental, except that there shall be a maximum occupancy of 10 persons, adults and children.

    c. Limits on Number of Vehicles. There shall be a maximum of one vehicle per bedroom, or the maximum number of vehicles that can be accommodated within the garage and driveway, without extending over the public rights-of-way (alleys and sidewalks), whichever is less.

    d. Advertisements and Contracts. Any advertisement of the property as a short-term rental and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles.

    e. Other Restrictions. It is unlawful:

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. To operate or allow to be operated a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur;
    
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. To advertise or offer a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur; documented advertisement of the subject property as a short-term rental, online or offline, shall be considered evidence of a violation of this DDC;
    
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. To operate a short-term rental in any location that is not the registrant's primary residence;
    
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iv. To operate a short-term rental that does not comply with all applicable city and state laws and codes;
    
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;v. To operate a short-term rental without paying the required hotel occupancy taxes;
    
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;vi. To offer or allow the use of a short-term rental for the sole or primary purpose of having a party venue;
    
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;vii. To fail to include a written prohibition against the use of a short-term rental for having a party in every advertisement, listing, or other publication offering the premises for rent; and
    
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;viii. Permit the use of short-term rental for the purpose of: housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Alcoholic Beverage Code; or operating as a sexually oriented business.

3. **Brochure and Safety Features.**
    a. **Informational Brochure.** Each registrant operating a short-term rental shall provide to guests a brochure that includes:
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. The registrant's 24-hour contact information;

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. A local responsible party's 24-hour contract information if the owner is not within the city limits when guests are renting the premises;

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iv. Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates.

    b. **Safety Features.** Each short-term rental registrant shall provide, in the premises, working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm, and one working fire extinguisher. The premises shall, otherwise comply with all applicable City regulations, including but not limited to Building and Fire Codes.

4. **Notification of Approval of Short-Term Rental.** Within 10 days of the approval of a short-term rental, the city shall send notice to all property owners within 100 feet of the subject property, and shall include the 24-hour complaint line, and pertinent information about standards regulating short-term rentals.

5. **Registration Term, Fees, and Renewal.**
    a. All short-term rental registrations approved under this DDC shall be valid for a period of one year from the date of its issuance.

    b. The fee for registration of a short-term rental is identified in the Administrative Criteria Manual.

    c. Upon receipt of an application for renewal of the registration, the Director may deny the renewal if there is reasonable cause to believe that:

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. The registrant has plead no contest to or been convicted of a violation of any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. There are grounds for suspension, revocation, or other registration sanction as provided in this DDC or other applicable city codes.

6. **Right to Inspect Premises.** The City of Denton reserves the right, with reasonable notice to the owner, to inspect the residential premises to determine compliance with this DDC as well as other applicable city codes.

    a. If only a portion of the premises is offered for rent, then that portion, plus shared amenities and points of access, may be inspected.

    b. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy.

U. **Automotive Fuel Sales.**
1. Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure.
2. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited.

V. **Automotive Repair Shop, Major.**
1. All repairs, services, and storage shall be conducted within an entirely enclosed structure.
2. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited.
3. Sales of vehicles shall be prohibited.

W. **Automotive Repair Shop, Minor.**
1. Storage of vehicles on the premises shall not exceed 30 days.
2. Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure.
3. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited.
4. Sales of vehicles shall be prohibited.

X. **Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard.**
1. Automotive wrecking services, impound lots, junkyards, and salvage yards shall comply with the Texas Administrative Code regarding vehicle storage facilities.
2. Stored vehicles shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses.
3. Stored vehicles shall not be located within the floodplain, water-related habitat, riparian buffers, or other environmentally sensitive areas.
4. Best management practices addressing stormwater quality must be implemented and maintained on-site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. This standard does not apply to automotive wrecking service, impound lot, junkyard, or salvage yard establishments that do not provide outdoor storage of vehicles, equipment, parts, or other materials.
5. Any expansion of a nonconforming salvage yard shall require a specific use permit.

Y. **Equipment Sales and Rental.**
1. Maintenance of equipment shall be conducted entirely within an enclosed building.
 
2. Unenclosed storage of inoperable or wrecked equipment or materials shall be prohibited.3.All other unenclosed stored equipment shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses.

Z. **Sexually Oriented Business.**
1. **Purpose and Intent.** It is the purpose of this subsection to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

2. **Findings.** Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's a.m., 120 C. Ct. 1382 (2000), and on studies in other communities including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the "Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses" (June 6, 1989, State of Minnesota), the City Council finds:

    a. Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

    b. Certain employees of sexually oriented businesses, defined in this section as adult theaters and adult cabarets, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

    c. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those that provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

    d. Offering and providing such space encourages such activities, which creates unhealthy conditions.

    e. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

    f. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

    g. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

    h. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

    i. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

    j. The findings noted in paragraphs (a) through (f) raise substantial governmental concerns.

    k. Sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns.

    l. The general welfare, morals, health, and safety of the citizens of the city will be promoted by the enactment of this section.

3. **Location of Sexually Oriented Businesses.** The location regulations of this subsection are enacted pursuant to the authority of TLGC, Chapter 211. All other provisions of this subsection are enacted pursuant to the city's police power and the authority of Article XI, Section 5, of the Texas Constitution. Sexually oriented businesses shall comply with the following separation requirements:

    a. A sexually oriented business shall not operate adjacent to an arterial street and within 1,000 feet of the following uses:

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. A school, church, adult or child day care, elderly housing facility, hospital, public park or playground, residential zoning district, or lot devoted to a residential use; or

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. Another sexually oriented business.

    b. The distance between shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the sexually oriented business is located to the nearest property line.

    c. Only one sexually oriented business is allowed in a building, structure, or portion of a building or structure.

4. **Additional Regulations for Escort Agencies.**
    a. An escort agency shall not employ any person under the age of 18 years.
    
    b. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years.

5. **Additional Regulations for Nude Model Studios.**
    a. A nude model studio shall not employ any person under the age of 18 years.

    b. A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex.

    c. A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

6. **Additional Regulations for Adult Theaters and Adult Motion Picture Theaters.**

    a. A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.

    b. A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.

    c. It is a defense to prosecution under this section if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex.

7. **Additional Regulations for Adult Motels.**

    a. Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in Subchapter 9: Definitions.

    b. A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not comply with the location requirements of this subsection, he or she rents or sub-rents a sleeping room to a person, and, within 10 hours from the time the room is rented, he or she rents or sub-rents the same sleeping room again. The terms "rent" or "sub-rent" mean that act of permitting a room to be occupied for any form of consideration.

8. **Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.**

    a. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements:

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. The establishment shall provide for one or more manager's stations, none of which shall exceed 32 square feet of floor area. The manager's stations shall be designed to provide a monitoring location for the operators or employees of the establishment during business hours and to exclude members of the general public. The interior of the premises shall be configured so that there is an unobstructed view from a manger's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside any part of the premises.

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified subsection (a)(i) above, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the establishment that does not have an unobstructed view from a manager's station.

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iv. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;v. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
    
    b. A person having a duty as provided in subsections (a)(i) through (a)(v) above commits an offense if he or she knowingly fails to fulfill that duty.

9. **Defenses to Enforcement.** It is a defense to prosecution under this subsection that the person appearing in a state of nudity did so in a modeling class operated:

    a. By a proprietary school licensed by the State of Texas;

    b. By a college, junior college, or university supported entirely or partly by taxation;

    c. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

    d. In a structure:

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii. Where in order to participate in a class a student must enroll at least three days in advance of the class; and

    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii. Where no more than one nude model is on the premises at any one time.

    e. It is a defense to prosecution under this subsection that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.

    f. Each day on which a violation occurs shall be separate and distinct violation.

(Ord. No. DCA19-0023a, § 2(Exh. A), 1-7-2020)