2008-136s \oLn documents\ordinuncesV0ftm historic district ordinance.doc
ORDINANCE NO. 1,3~
AN ORDINANCE CREATING A SPECIAL PURPOSE AND OVERLAY DISTRICT TO BE
KNOWN AS THE WEST OAK AREA HISTORIC DISTRICT, ON APPROXIMATELY 52.01
ACRES OF LAND GENERALLY LOCATED IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; AMENDING SUBCHAPTER 7 OF THE DENTON DEVELOPMENT
CODE BY ADDING SECTION 35.7.13 "WEST OAK AREA HISTORIC DISTRICT"
CREATING AND PROVIDING FOR REGULATIONS FOR THE WEST OAK AREA
HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING
REGULATIONS; PROVIDING FOR A PENALTY IN. THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 proposed Special Purpose and Overlay District is needed to protect and
enhance this area which, by purpose of its type and location, has characteristics distinct from
lands outside the proposed district; and
WHEREAS, the City Manager has proposed the creation of the proposed Historic District
on land legally described in the attached Exhibit "A", which is incorporated herein for all
purposes; and notwithstanding the attached legal description, all boundaries of said district shall
extend to the centerline of abutting rights of way (the "Property"); and
WHEREAS, after providing notice and after conducting public hearings as required by
law, the Planning and Zoning Commission recommended approval of certain changes to
Subchapter 35.7 of the Development Code, pertaining to the creation of historic districts; and
WHEREAS, after providinglnotice and after conducting a public hearing as required by
law, the City Council finds that the changes to the Development Code are consistent with the
Comprehensive Plan, and are in the public interest. 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 as true.
SECTION 2. An overlay district to be known as the West Oak Area Historic District is
hereby established for the Property,l imposing additional restrictions as set forth herein upon all
buildings, structures, sites and properties therein.
SECTION 3. Section 35.7.13 "West Oak Area Historic District" is hereby added to
Subchapter 7 of the Denton Development Code.
35.7.13.1 Purpose
The purpose of this subsection is to ensure the protection and preservation of the West Oak Area
Historic District by providing regulations for the use, construction, alteration, repair,
improvement and alteration of buildings, structures, properties and sites within the district.
35.7.13.2 Definitions
The following words, terns and phrases, when used in this subsection, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Commission means the historic landmark commission authorized and appointed in accordance
with Section 35.4.3.
District means the area encompassed in the West Oak Area Historic District as established by
and described in Ordinance No. 87-224, as amended which is on rile in the office of the city
secretary.
35.7.13.3 Applicability; conflicts with other provisions
A. Other regulations applicable to the West Oak Area Historic District as contained in
any other section of this chapter or Code shall continue to apply to the district, except
as specifically modified in this subsection.
B. If any provision of this subsection conflicts with any other provision of this Code, the
provisions of this subsection shall govern and control.
C. Where any provision of this subsection modifies any provision of any other ordinance
applicable to the district, the words used in this subsection shall-have the meaning as
defined in the provisions of the ordinance modified, unless the definition is otherwise
provided for in this subsection.
35.7.13.4 Certificate of appropriateness
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 West Oak Area Historic
District without first applying for and receiving a certificate of appropriateness from
the Historic Landmark Commission:
1. Constructing a new building or making an addition to an existing building;
2. Reconstructing, altering, changing or restoring the exterior fagade of any existing
building;
3. Placing or locating any building;
4. Performing any act for which a certificate of appropriateness is required by this
article.
5. Constructing or erecting a fence, wall sign or other permanent improvement
which is subject to regulation by this subsection.
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 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.
The requirements and procedures of Section 35.7.6 providing for application and issuance of
certificates of appropriateness shall apply and be followed for any certificate of appropriateness
required in this subsection; provided, however, that no certificate of appropriateness required by
Section 35.7.6 or this section shall be granted except upon compliance with the additional
regulations of this section, where applicable.
35.7.13.5 Architectural Requirements
Architectural requirements in the West Oak Area Historic District shall be as follows:
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 public street,
other than an alley, as determined by the historic landmark 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 and the
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 fagade of a main building, if not visible from any pubic 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. Building placement. All buildings must be placed so as to not adversely affect the
rhythm of spaces between buildings on the block. A thirty (30) foot setback is
standard in this area and new construction shall follow that standard.
F. Chimneys. All chimneys must be compatible with the style of the 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.
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 color which
shall not be of vivid saturation. 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 of 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. Masonry 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 masonry 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 the style and period of the
structure.
1. Fagade materials.
1. Generally. The only permitted fagade materials are brick, wood siding, wood,
stone, and stucco. All fagade 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 wood facades.
J. Front entrances and porches.
1. Detailing. Railings, moldings, tile work, carvings, and other detailing and
architectural decorations must be typical of the style and period of the main
building.
2. Enclosures. A front entrance or porch may not be enclosed with any material,
including iron bars, glass, or mesh screening.
3. Fagade openings. Porches must not obscure or conceal any fagade openings in
the main buildings.
4. Floor coverings. Carpeting is not permitted as a porch floor 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 style and
overall color scheme of the structure.
2. Patterns. Roof patterns must be typical of the style and period of the main
building.
3. Slope and pitch. The degree and direction of the roof slope and pitch must be
typical of the style and period of the main building.
4. Skylights and solar panels. The commission may allow skylights and solar
panels 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.
I . Front fagade openings. The location and size of windows and doors in 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 plastic are not permitted in any
opening.
3. Screen, storm doors and storm windows. Screens, storm doors, and storm
windows may be permitted if:
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. Security and ornamental bars. Security and ornamental bars are only permitted
on the exterior of an accessory building, the rear fagade 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 functions.
6. Style. All windows and doors in the front fapade of the main 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 and side facades of the
main building must be typical of the style and period of the building. Sidelights
must be compatible with the door.
M. Outdoor lighting. Outdoor light fixtures must be compatible with the style and
period of the main building and not obscure or conflict with significant architectural
details of the building.
35.7.13.6 Fences.
Fences in the West Oak Area Historic District shall comply with the following requirements:
A. Outdoor lighting. Outdoor light fixtures must be compatible with the style and
period of the main building and not obscure or conflict with significant architectural
details of the building.
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. Height. The maximum permitted height for a fence shall be as provided by this Code.
C. Materials. A fence must be constructed of one (1) or more of the following 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 material which is compatible to
the main building.
E. Masonry columns and bases. The color, texture, pattern, and dimensions of masonry
and 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 (4) 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.
35.7.13.7 Signs.
A special sign district is hereby established, imposing additional regulations upon all signs
located within the West Oak Area Historic District subject to the additional provisions of
Subchapter 35.15 of this Code, except as modified as follows:
A. Additional Wall and stake sign regulations.
1. Number of wall signs. Only one (1) wall sign per premises is permitted.
2. Size. No wall sign shall have a maximum dimension which is greater than two
(2) feet, measured along the greater distance of any one (1) line which defines the
effective area of the sign. No stake sign shall have an effective area greater than
ten (10) square feet.
B. Wind device signs. No wind device signs are permitted in the district, except that one
(1) national, one (1) state and one (1) registered corporate logo flag may be displayed
on any one (1) premises 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 premises owned or controlled by the corporation. No flag shall have a
dimension, as to any one (1) side, which is greater than six (6) feet.
C. Address or name signs. The sign regulations of this section shall not apply to the
signs or numbers which are used solely to identify the street address of the premises
or the identify by name the occupants of a residential building.
D. Approval procedure for wall signs. No new wall signs shall be constructed or
located and no existing wall sign shall be altered, until a certificate of appropriateness
is issued by the historic landmark commission in accordance with the procedure
applicable to alterations or changes of the exterior architectural features of buildings,
as provided for in this Subchapter.
35.7.13.8 Parking.
The provisions of Subchapter 35.14 of this Code, shall apply to the West Oak Area District,
except as modified as follows:
A. Location. All off-street parking spaces for any building used as a multi-family
dwelling or for a non-residential use shall be located between the building fronting
the public street and the rear property line.
B. Number of parking spaces. Each specified use shall provide the following number
of parking spaces:
1. Multi-family buildings shall have a minimum of two (2) parking spaces for each
dwelling unit.
2. Non-residential uses shall provide one and one-half (1.5) the number of parking
spaces required for that use by Subchapter 35.14.
SECTION 4. 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 5. Any person who shall violate a provision of this ordinance, 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 punishable by a fine not to exceed 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 a violation of this ordinance is committed, or continued,
and upon conviction of such violation, shall be punished within the limits above.
SECTION 6. 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, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 2008.
PER V. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO D AS LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: