2016-080S:\Legal\0urDocumen1s\0rd inances\l 6\1 lard ie Board DCA15-00070rdinance.docx
ORDINANCE NO. 2016-080
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas, adopted the Denton Development Code ("the Development Code"); and
WHEREAS, the City desires to amend Subchapters 35.7.9.5.1.1, 35.7.10.51, and
35.7.13.5.1.1 in order to modify the architectural regulations for permitted fagade materials within
the Oak-Hickory Historic District, Bell Avenue Historic Conservation District, and the West Oak
Area Historic District; and
WHEREAS, the Historic Landmark Commission (HLC) has received several requests for
the use of cementitious siding, including but not limited to "Hardie Board", as an exterior fagade
material; and
WHEREAS, the HLC held a work session on September 14, 2015 to consider the addition
of Hardie Board as an approved fagade material within the historic districts and expressed support
for a change to the permitted fagade materials; and
WHEREAS, a neighborhood meeting was held on October 29, 2015 for property owners
within all three districts and attendees expressed support for the proposed amendment; and
WHEREAS, on February 10, 2016, the Planning and Zoning Commission held a public
hearing, in compliance with the laws of the State of Texas, after giving the requisite notices by
publication and otherwise, and recommended approval (7-0) of the Development Code
Amendments to Subchapters 35.7.9.5.1.1, 35.7.10.5.17, and 35.7.13.5.1.1; and
WHEREAS, on February 16, 2016, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent
with the Denton Plan and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the Denton Development Code Amendment, have determined that the
amendments are in the best interest of the health, safety, morals, and general welfare of the City
of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that
said Denton Development Code Amendments to Subchapters 35.7.9.5.1.1, 35.740.5.17, and
35.7.13.5.1.1 are in the public interest and should be granted as set forth herein; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION_ 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Development Code Amendments are indicated below and will be
incorporated in each Subchapter:
Oak-Hickory Historic District, Section 35.7.9.5.1.1 shall be replaced with the following:
1. Generally. The permitted fayade materials are brick, wood siding, wood, stone and stucco.
The use of smooth sided, cementitious siding is permitted on new construction and
accessory buildings. Artificial facsimiles of these materials will be considered on a case
by case basis as material technologies progress. All fagade treatments and materials must
be typical of the style and period of the main building.
Bell Avenue Historic Conservation District, Section 35.7.10.5.F shall be replaced with the
following:
F. Fagade Materials. The permitted fagade materials are brick, wood siding, wood, stone and
stucco. The use of smooth sided, cementitious siding is permitted on new construction and
accessory buildings. Artificial facsimiles of these materials will be considered on a case
by case basis as material technologies progress. All fagade treatments and materials must
be typical of the style and period of the main building.
West Oak Area Historic District, Section 35.7.13.5.1.1 shall be replaced with the following:
1. Generally. The permitted fagade materials are brick, wood siding, wood, stone and stucco.
The use of smooth sided, cementitious siding is permitted on new construction and
accessory buildings. Artificial facsimiles of these materials will be considered on a case
by case basis as material technologies progress. All fagade treatments and materials must
be typical of the style and period of the main building.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SE.CTION115. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day ofW , 2016.
('11 MIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PE'fZ 1�"D AS °7 O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY