1989-1102289L/9589
NOR 9-
AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE 28B TO
PROVIDE FOR REGULATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT,
INCLUDING ARCHITECTURAL, SIGN, AND PARKING REGULATIONS, PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, in accordance with the provisions of Article 28A of
Appendix B-Zoning, the City Council has enacted Ordinance No
87-224, providing for the creation of the Oak-Hickory Historic
District, and,
WHEREAS, in order to protect and preserve the District, the
Historic Landmark Commission has proposed and recommended addi-
tional regulations for the District, and,
WHEREAS, the Planning and Zoning Commission has recommended
approval of the proposed regulations, and,
WHEREAS, the City Council has determined, after a public
hearing thereon, that the following regulations are necessary to
insure the protection and preservation of the District, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Appendix B-Zoning of the Code of Ordinances,
as amen97-1s further amended to provide for a new Article 28B to
read as follows
ARTICLE 28B
OAK-HICKORY HISTORIC DISTRICT REGULATIONS
Section 28B-1 Purpose The purpose of this article is to
insure the protection and preservation of the Oak-Hickory Historic
District by providing for regulations for the use, construction,
alteration, repair improvement, and alteration of buildings,
structures, properties, and sites within the District
Section 28B-2 Definitions The words used in this Article
shall have the following meanings
"Commission" shall mean the Historic Landmark Commission
authorized and appointed in accordance with Article 28A
"District" shall mean the area encompassed in the Oak-Hickory
Historic District as established by and described in
Ordinance 87-224, as amended
Section 28B-3 Application of Regulations
A It shall be unlawful for any person to do, or to allow or
cause any other person to do, any of the following acts on any
property located within the District without first applying for
and receiving a certificate of appropriateness from the Commission
1 Constructing a new building or making an addition to an
existing building
2 Reconstructing, altering, changing, or restoring the
exterior facade of any existing building
3 Placing or locating any building
4 Performing any act for which a certificate of appro-
priateness is required by article 28A
5 Constructing or erecting a fence, wall sign, or other
permanent improvements which are subject to regulation
by this article
B Any construction, alteration, or improvement made on any
property within the District which would not require a certificate
of appropriateness by reason of it not being visible from any
public street as provided in this article or article 28A, shall be
submitted to the Commission, prior to the beginning of the work,
for its determination of whether the improvement would be visible
from a public street
C Other regulations applicable to the District as contained
in any other article of Appendix B-Zoning or the Code of Ordinances
shall continue to apply to the District, except as specifically
modified herein
D If any provision of this article conflicts with any other
provision of the Code of Ordinances, the provisions of this
article shall govern and control
E Where any provision of this article modifies any provision
of any other ordinance applicable to the District, the words used
herein shall have the meaning as defined in the provisions of the
ordinance modified, unless the definition is otherwise provided
for herein
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Section 28B-4 Approval Procedures
The requirements and procedures of article 28A-9 of Appendix
B-Zoning of the Code of Ordinances, providing for application and
issuance of certificates of appropriateness, shall apply and be
followed for any certificate of appropriateness required herein,
provided, however, that no certificate of appropriateness required
by article 28A-9 or this article shall be granted except upon
compliance with the additional regulations of this article, where
applicable
Section 28B-5 Architectural Regulations
A Main Building - Main buildings must be compatible in scale
with structures existing in the District
B Accessory Buildings - Accessory buildings which are visible
from any pu6l c street, other than an alley, as determined by the
Commission, must be compatible with the scale, shape, roof form,
materials, detailing and color of the main building
C Architectural Detail - Materials, colors, structural and
decoration elements an he manner in which they are used,
applied, or joined together must be compatible with nearby and
adjacent structures
D Awnings - Metal and corrugated plastic awnings are only
permitted on an accessory building or the rear facade of a main
building, if not visible from any public street, other than an
alley, as determined by the Commission Other awnings must be
typical of any proposed structure and the character of the main
building
E Buildin Placement - All buildings must be placed so as to
not adverse y af ect t e rhythm of spaces between buildings on the
block.
F. Chimneys - All chimneys must be compatible with the style
of proposed building Chimneys must be constructed of brick,
stucco, stone, or other materials compatible in texture, color,
and style with the proposed main building
G Additions - All additions to a building must be compatible
with the dominant horizontal or vertical characteristics, scale,
shape, roof form, materials, detailing and color of the existing
building
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H Color
1 Certain Colors Prohibited - Fluorescent metallic colors
are not permitted on the exterior of any structure in
the District
2 Dominant and Trim Colors - All structures must have a
dominant co or, w c shall not be of vivid satura-
tion The colors of a structure must be complementary
to each other and the overall character of the main
building
3 Gutters and Downspouts - Gutters and downspouts must be
o a color that matches or complements the color scheme
of the main building
4 Roof Colors - Roof colors must complement the style and
overall color scheme of the structure
5 Masonr and Brick Surfaces - Masonry and brick surfaces
not previously painted must not be painted unless it is
determined that
a) The painting is absolutely necessary to restore or
preserve the masonary or brick, or
b) The color and texture of replacement masonry or
brick cannot be matched with that of the existing
masonry or brick surface
6 Stain - The use and color of stain must be typical of
tfie style and period of the structure
I Facade Materials
1 In General - The only permitted facade materials are
r c , wood siding, wood, stone, and stucco All
facade treatments and materials must be typical of the
style and period of the main building
2 Wood Facades - Existing wood facades must be preserved
as woo facades
J Front Entrances and Porches
1 Detailing - Railings, moldings, tile work, carvings,
and otih detailing and architectural decorations must
be typical of the style and period of the main building
PAGE 4
2 Enclosures - A front entrance or porch may not be
encToseT-with any material, including iron bars, glass,
or mesh screening
3 Facade Openings - Porches must not obscure or conceal
any facade openings in the main buildings
4 Floor Coverings - Carpeting is not permitted as a porch
oor or step covering
5 Style - Each proposed main building must have a front
porch or entry treatment with a shape, roof form,
materials, and colors that are typical of the style, of
the proposed main building A front entry or porch
must reflect the dominant horizontal and vertical
characteristics of the proposed main building
K
Roof Forms
1 Material and Colors - Roof material and colors must
complement the stye and overall color scheme of the
structure
2 Patterns - Roof patterns must be typical of the style
an period of the main building
3 Slope and Pitch - The degree and direction of roof
s ope an p.tcz must be typical of the style and period
of the main building
4 Sk li hts and Solar Panels - The commission may allow
s y g is an so ar pane s on a building if their
placement does not have an adverse effect on the
architecture of a building or the District as a whole
L Windows and Doors
1 Front Facade Openings - The location and size of windows
an oors n proposed facades must be compatible in
scale with the typical style and period of the main
building
2 Glass - Reflective, tinted, and mirrored glass and
p-rastic are not permitted in any opening
3 Screens, Storm Doors and Storm Windows - Screens,
storm doors, an storm w n ows may a perm tted if
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a Their frames are painted to match or complement the
color scheme of the main building, and
b They do not obscure significant features of the
windows and doors they cover
4 Securit and Ornamental Bars - Security and ornamental
ars are on y permitted on--the exterior of an accessory
building, the rear facade of the main building, and the
interior of the building
5 Shutters - Shutters must be typical of the style of the
proposed main building and appear to be installed in a
manner to perform their intended function
6 Style - All windows and doors in the front facade of
gleain building must be proportionally balanced in a
manner typical of the style and period of the building
7 Size - The size and proportion of window and door
openings located on the front and sides of the main
building must be typical of the style and period of the
main building
8 Frames - The frames of the windows must be trimmed in a
manner typical of the style and period of the building
9 Openings - All windows, doors, and lights in the front
ann si-e facades of the main building must by typical
of the style and period of the building Sidelights
must be compatible with the door
M Outdoor Lighting Outdoor light fixtures must be
compatiblee with the style and period of the main building and not
obscure or conflict with significant architectural details of the
building
Section 28B-6 Fences
A. Form
1 Fences must be maintained in a vertical position
2 The top edge of a fence must be along a line that is
either horizontal, or substantially parallel to grade
B Heigght__- The maximum permitted height for a fence shall be
as provie6y the Code of Ordinances
PAGE 6
C Materials - A fence must be constructed of one or more of
the fol ow ng materials cast metal, wrought iron, wood, stone,
brick, patterned concrete or stucco Exposed concrete blocks are
not permitted
D Color and Style - Fences must be of a color, style, and
materia w c is compatible to the main building
E Masonry Columns and Bases - The color, texture, pattern,
and dimensions o masonry an the color, width, type, and
elevation of mortar joints in a fence column or base must match
the masonry and mortar joints of the main building as nearly as
practicable
F Wooden Fences
1 All wooden structural posts must be at least four
inches in diameter
2 The side of a wooden fence facing a public street must
be the finished side
3 Wooden fences may be painted or stained a color that is
complimentary to the main building
Section 28B-7 Sign Regulations
A A licable Re ulation, Modifications All signs located
within t e str ct s a be subject to the provisions of
Article 17 of Appendix B-Zoning, except as modified as follows
1 Signs Permitted Stake and wall signs are permitted
Ground, room,^ projecting, portable, and off-premise
signs are prohibited, except for wind device signs used
as ground or projecting signs as specifically permitted
in this section
2 Wall and Stake Sign Regulations
a) Number of Wall _Signs Only one wall sign per
premise is permuted
b) Size No wall sign shall have a maximum dimension
whc-h is greater than two (2) feet, measured along
the greater distance of any one line which defines
the effective area of the sign No stake sign shall
have an effective area greater than ten (10) square
feet
PAGE 7
3 Wind Device Si ns No wind device signs are permitted
in Ffie]istrl ; except that one national, one state,
and one registered corporate logo flag may be displayed
on any one premise as a ground sign, wall sign, or
projecting sign If a flag is displayed as a ground
sign or projecting sign, the setback requirements
applicable to ground signs in residential districts
shall apply A corporate logo flag may only be
displayed on a premise owned or controlled by the
corporation No flag shall have a dimension, as to any
one side, which is greater than six (6) feet
4 Address or Name Signs The sign regulations of this
article sal not to the signs or numbers which
are used solely to identify the street address of the
premise or to identify the street address of the
premise or to identify by name the occupants of a
residential building
5 A roval Procedure for Wall Si ns No new wall signs
s a e constructed or ocate , and no existing wall
sign shall be altered, until a certificate of
appropriateness is issued by the Commission In
accordance with the procedures applicable to
alterations or changes of the exterior architectural
features of buildings, as provided for in Article 28A
of the Code of Ordinances
Section 28B-8 Parking Regulations
A Applicable Re ulations Modifications The provisions of
Article TY-o-f- Appendix - on ng, as amended, shall apply to the
District, except as modified as follows
1 Location All off-street parking spaces for any
building used as a multi-family dwelling or for a
nonresidential use shall be located between the
building fronting the public street and the rear
property line
2 Number of Parking Spaces Each specified use shall
pro-vide the o owing number of parking spaces
a Multi-family buildings shall have a minimum of two
(2) parking spaces for each dwelling unit
b Nonresidential uses shall provide one and one-half
(1 5) the number of parking spaces required for that
use by Article 15 of Appendix B-Zoning
PAGE 8
SECTION II That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would
have enacted such remaining portions despite any such invalidity
SECTION III Any person who shall violate a provision of
this or nance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor unishable by a fine
not exceeding Two Thousand Dollars ($2,000 00~ Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above
SECTION IV That this ordinance shall become effective
fourteen days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage
-CL ~w PASSED AND APPROVED this the day of n s wt~' 1989
RAY N
ATTEST
r T4^3EZ 1'AI84
UENNIFER)WALTIE
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY /Cek
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