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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 PAGE 2 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 PAGE 3 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 PAGE 5 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 PAGE 9 ~a i