Subchapter 7
Development Code
Subchapter 7 – Special Purpose and Overlay Districts
Sections:
35.7.1
Purpose
35.7.2
General Standards
35.7.3
Creation of Special Purpose and Overlay Districts
35.7.4
Denton Municipal Airport Overlay District
35.7.5
Fry Street Overlay District
35.7.6
Historic Landmark and Historic Districts Generally
35.7.7
Historic Conservation District
35.7.8
Historic District
35.7.9
Oak Hickory Historic District
35.7.10
Bell Avenue Historic Conservation District
35.7.11
Unicorn Lake Overlay District
35.7.12
Master Plan Community (MPC) District
35.7.13
West Oak Area Historic District
35.7.14
Infill Special Purpose District
Appendix A Bell Avenue Historic Conservation District Design Guidelines
35.7.1
Purpose.
The purpose of this Subchapter is to allow the creation of Special Purpose and Overlay Districts within the City. The
districts should be established to protect and enhance certain specific lands and structures which, by virtue of their type
or location, have characteristics which are distinct from lands and structures outside such special districts. The districts
shall contain such reasonable and necessary requirements to insure the protection and enhancement of said lands and
structures.
35.7.2
General Standards.
The Special Purpose and Overlay Districts established in this Chapter operate by establishing Design Standards to
effectuate the purpose of the district. In the event of a conflict between the underlying zoning designation and the
Special Purpose and Overlay Districts, the provisions of the Special Purpose and Overlay Districts shall apply.
Land lying within a Special Purpose or Overlay District shall remain part of the underlying zoning designation
established by other provisions of the City Zoning Chapter, and may, in addition, lie in one or more overlay districts in
accordance with the designation of each.
35.7.3
Creation of Special Purpose and Overlay Districts.
The creation or amendments to an Overlay District shall be made using the Zoning Amendment Procedure and the
creation or amendments to a Special Purpose District shall be made using the Denton Plan Amendment Procedure.
Every recommendation for the creation of a Special District Overlay, or addition of land thereto, shall address the
following, as applicable:
A.
A statement of purpose shall specify the nature of the special and substantial public interest and public
welfare involved and objectives to be promoted by creation of the Special Purpose and Overlay District
and imposition of the regulations and Design Standards proposed therefore.
B.
Proposed district boundaries shall be depicted on one or more maps, including the Zoning Map of City,
which shall also display all other zoning regulations applicable to the property proposed for inclusion in
the district.
C.
Regulations or Design Standards proposed to promote the special purposes of the Special Purpose and
Overlay District.
7-1
Subchapter 7
Development Code
D. Regulations or Design Standards for any Special Purpose and Overlay District shall be designed to
reasonably promote the purposes of the district, and may require or address any of the following, in
addition to or in lieu of other regulations affecting property within the Special Purpose and Overlay
District.
35.7.4
1.
Protection of features designated as being of special concern within the district;
2.
Mixtures or limitations or permitted uses;
3.
Special performance standards and development regulations;
4.
Other matters as appropriate to promote the special public interests of the district.
Denton Municipal Airport Overlay District
35.7.4.1
Purpose and intent.
It is the purpose and intent of this article to regulate and restrict the height of structures and objects of natural growth
and the use of property in the vicinity of the Denton Municipal Airport. The regulations are intended to prevent the
encroachment of noise sensitive or otherwise incompatible land uses which may endanger the health, safety, and welfare
of the owners, occupants, or users of the land to prevent the creation or establishment of obstructions that are a hazard
to air navigation. The regulations also are intended to implement state and federal rules pertaining to the regulation of
land uses in the vicinity of airports.
35.7.4.2
Definitions.
The following words, terms or phrases, when used in this article, shall have the meanings attached to them in this
section:
Airport. The Denton Municipal Airport.
Airport hazard. Any structure or object of natural growth, or use of land, which obstructs the air space required for the
taking off, landing and flight of aircraft, or that interferes with the visual, radar, radio or other systems for tracking,
acquiring data relating to, monitoring or controlling aircraft.
Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and
upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon
the type of approach available or planned for that runway end.
Board of adjustment or board. The airport board of adjustment.
Conical surface. A surface which extends outward and upward from the periphery of the horizontal surface at a slope
of 20:1 for a horizontal distance of four thousand (4,000) feet.
Height. For the purpose of determining height limitations in all zones established in this article and shown on the
zoning map, the vertical distance of an object above mean sea level elevation unless otherwise specified.
Horizontal surface. A horizontal plane one hundred fifty (150) feet above the established airport elevation of, the
perimeter of which is constructed by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the
primary surface of runways 17L-35R and 17R-35L of the airport, and connecting the adjacent arcs by lines tangent to
those arcs.
Nonconforming use or structure. Any pre-existing use or structure, including an object of natural growth, which is
inconsistent with the provisions of this article.
Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set
forth in Section 35.7.4.4.
Political subdivision. Any municipality or county.
Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing an Instrument
Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout plan or any other planning document.
7-2
Subchapter 7
Development Code
Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard
surface, the primary surface extends two hundred (200) feet beyond each end of that runway; but when the runway has
no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The
elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
Runway. A defined area in an airport for landing and take-off of aircraft along its length.
Transitional surface. A surface extending outward and upward at right angles to the runway centerline at a slope of
7:1 from the sides of the primary surface and from the sides of the approach surface. Transitional surfaces for those
portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a
distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to
the runway centerline.
35.7.4.3
Nature and effect of regulations.
A. Generally. This section shall be known as the Denton Airport Zoning Regulations. Regulations
addressing airport compatible land uses generally are applicable within an area located outside the airport
boundaries and within a rectangle bounded by lines located no farther than one and one-half (1.5) statute
miles from the centerline of an instrument or primary runway and no farther than five (5) statute miles
from each end of the paved surface of precision instrument runways.
B. Inside city limits. The airport zoning regulations impose two (2) types of overlay zoning districts inside
city limits that combine with existing and future zoning district regulations. The first type of overlay
zoning district, delineated in the Airport Height Hazard District map, establishes height limitations on
structures and natural objects within an area generally traversed by the flight tracks of aircraft using the
Denton Municipal Airport. This type of overlay zoning district shall be known as the Airport Height
Hazard District (AHHD). The second type of overlay zoning district, delineated in the Airport
Compatibility Land Use Subdistricts map, establishes land use compatibility regulations that prohibit
certain types of land uses and that impose performance standards on other land uses that potentially are
subject to noise impacts from aircraft operation in the vicinity of the airport. This type of overlay zoning
district shall be known as the Airport Compatibility Land Use District (ACLUD).
C. Regulations in extraterritorial jurisdiction. This article applies to lands lying within the city's
extraterritorial jurisdiction (ETJ) as well as to lands within city boundaries. For properties in the ETJ, the
Airport Height Hazard District and the Airport Compatibility Land Use District regulations constitute
zoning district regulations that shall be administered through the permit system established by this article.
D. Applicability and conflict with other laws and regulations. Except as otherwise expressly provided
herein to the contrary, the regulations established in this article shall apply in addition to those regulations
and standards applicable to the use of land and structures which are made applicable by the City of
Denton's zoning or other development regulations or those of any other political subdivision. Where there
exists a conflict between any standard, restriction, limitation, requirement or regulation prescribed by this
article and any other applicable regulation, the provisions of this article shall govern and prevail; provided
that the more stringent limitation or requirement shall control in the event of a conflict with respect to the
height of a structure or object of natural growth. In the event of a conflict between the requirements of
this ordinance and any provision of state law, state law requirements shall prevail.
E. General prohibition on airport hazards. Notwithstanding any other provisions of this article, no person
shall use land or water within any zone established by this ordinance in such a manner as to create
electrical interference with navigational signals or radio communication between the airport and aircraft;
make it difficult for pilots to distinguish between airport lights and other lighting; result in glare in the eyes
of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards; or
otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft
intending to use the airport.
F.
Split parcels. When a parcel of land lies within more than one airport zoning subdistrict, or only a portion
lies within an airport zoning district, the provisions of the most restrictive regulations apply to the use of
land and structures for the entire parcel, except when:
7-3
Subchapter 7
Development Code
1.
It is determined by the director that a structure is located within a single airport zoning subdistrict,
then the provisions of that subdistrict shall apply to such structure; or
2.
It is determined by the director that a structure is located outside any airport zoning district, then the
provisions of the standard zoning district in which the structure is located shall apply.
G. Federal standards. Consistent with Tex. Loc. Gov't. Code section 241.012, it is the intent of this section
that federal laws or rules controlling the use of land located adjacent to or in the immediate vicinity of an
airport, as they may be amended from time to time, that impose more stringent limitations than are
imposed under provisions herein set forth, shall be applied to any permit application submitted under this
article until such time as the City is able to conform its airport zoning regulations to such law or rules.
35.7.4.4
Airport height hazard district.
A. District established. There is hereby established an Airport Height Hazard District (AHHD) within that
area lying beneath the Approach Surfaces, Transitional Surfaces, Horizontal Surface and Conical Surface
of the Denton Municipal Airport. The AHHD consists of the following subdistricts, which are depicted
on a map prepared by Coffman & Associates, a copy of which appears as the Airport Height Hazard
District map and which constitutes the zoning map for the district.
B. Subdistrict descriptions. The AHHD consists of the following subdistricts, that are described by
reference to definitions, rules, restrictions and regulations, as may be amended from time to time, by the
Federal Aviation Administration (FAA), as follows:
1.
Approach zones. Approach zones for runways 17L-35R and 17R-35L hereby are established beneath
the approach surfaces at each runway end on the Denton Municipal Precision Instrument Airport for
landings and takeoffs. The inner edge of the approach zone shall have a width of one thousand
(1,000) feet which coincides with the width of the primary surface at a distance of two hundred (200)
feet beyond each end of each runway, widening thereafter uniformly to a width of sixteen thousand
(16,000) feet at a horizontal distance of fifty thousand (50,000) feet beyond each end of the primary
surface, its centerline being the continuation of the centerline of the runway.
2.
Transitional zones. Transition zones hereby are established beneath the transition surface adjacent
to runways 17L-35R and 17R-35L, and to each approach surface as indicated on the zoning map.
Transition surfaces symmetrically located on either side of runways, have variable widths as shown on
the zoning map.
3.
Horizontal zone. The horizontal zone hereby is established at the area beneath the horizontal
surface of the airport.
4.
Conical zone. The conical zone hereby is established as the area beneath the conical surface of the
airport.
C. Height limitations. Except as otherwise provided in this article, no person shall erect, alter or maintain a
structure, and no person shall allow a tree or other natural object to grow in excess of the applicable height
limitations established herein for each airport height hazard subdistrict.
1.
2.
Approach zones. For runways 17L-35R and 17R-35L:
a.
Beginning at the end of and at the elevation of the primary surface, one (1) foot in height for
each fifty (50) feet in horizontal distance; and
b.
Beginning at a point ten thousand (10,000) feet from the end of the primary surface and
extending an additional forty thousand (40,000) feet along the extended runway centerline, one
(1) foot in height for each forty (40) feet in horizontal distance.
Transitional zones.
a.
7-4
Beginning at the sides of and at the same elevation as the primary surface and the approach
surface, and extending to a height of one hundred fifty (150) feet above the airport elevation (six
hundred sixty (660) feet above mean sea level), one (1) foot in height for every seven (7) feet in
horizontal distance;
Subchapter 7
Development Code
35.7.4.5
b.
Beginning at the sides of and at the same elevation as the approach surfaces, and extending to
where they intersect the conical surface, one (1) foot in height for every seven (7) feet in
horizontal distance; and
c.
Where the precision instrument runway approach zone projects beyond the conical zone, and
beginning at the sides of and at the same elevation as the approach surface, and extending a
horizontal distance of five thousand (5,000) feet measured at ninety (90) degree angles to the
extended runway centerline, one (1) foot in height for every seven (7) feet in horizontal distance.
3.
Horizontal zone. Within the horizontal zone, one hundred fifty (150) feet in height above the airport
elevation, or a height of eight hundred ten (810) feet above mean sea level.
4.
Conical zone. From the periphery of the horizontal zone and at heights between one hundred fifty
(150) and three hundred fifty (350) feet above the airport elevation, one (1) foot in height for every
twenty (20) feet in horizontal distance.
Airport compatibility land use district.
A. District established. There is hereby established an Airport Compatibility Land Use District (ACLUD),
consisting of two subdistricts (ACLUD-1 and ACLUD-2), the boundaries of which are shown on the
Airport Compatibility Land Use District map and which constitutes the zoning map for the district.
B. Prohibited uses in airport compatibility land use district. The following uses are prohibited within the
airport compatibility land use district:
1.
2.
Educational uses. All educational uses, including but not limited to, public and private schools,
kindergartens, and child care facilities, colleges and universities, and vocational schools, are prohibited
within the ACLUD; provided, however, that the following educational facilities are permitted within
the district:
a.
Schools for flight instruction or for vocations associated with the airport, airplanes or aviation
related activities; and
b.
Facilities for employee or client training or instruction related to services or products associated
with the business of the entity providing such training or instruction and which is not the primary
business of such entity.
Health care facilities. Health care facilities, including specifically hospitals, nursing homes,
institutions or any other facilities providing convalescent or rehabilitative care; establishments for the
care, treatment or rehabilitation of alcoholic, narcotic or psychiatric patients; residence homes for the
aged; and institutions, homes or rehabilitation centers for persons convicted of crimes are prohibited
within the ACLUD; provided, however that the following health care and other facilities are permitted
within the district:
a.
Medical, dental or optical clinics for the examination, consultation or treatment of patients as out
patients;
b.
Medical laboratories;
c.
Establishments for the sale or rental of or industrial facilities for the manufacture of medical or
optical supplies and equipment;
d.
Pharmacies, veterinarian clinics and related facilities; and
e.
Public safety or emergency medical facilities operated by or in connection with the airport.
7-5
Subchapter 7
Development Code
35.7.4.6
Subdistrict ACLUD-1 Regulations.
The following regulations apply within the ACLUD-1 subdistrict:
A. Compatible land uses. All land uses allowed within the underlying zoning district or, within the ETJ, any
land use not otherwise prohibited by this article, is allowed within the ACLUD-1 subdistrict, except for
new residential uses, which are expressly prohibited.
B. Non-conforming residential uses. Any residential structure that was established prior to the effective
date of this article may not be reestablished or reconstructed except in accordance with the provisions of
Section 35.7.4.9.
C. Noise mitigation standards. Any residential structure that was established prior to the effective date of
this article and that is permitted to be repaired, rebuilt or remodeled in accordance with the provisions of
Section 35.7.4.9 shall be repaired, rebuilt or remodeled in compliance with the noise mitigation standards
set forth in Section 35.7.4.12.
35.7.4.7
Subdistrict ACLUD-2 regulations.
A. Compatible land uses. All land uses allowed within the underlying zoning district or, within the ETJ, any
land use not otherwise prohibited by this article, are allowed within the ACLUD-2 subdistrict.
B. Performance standards for residential uses. Property owners who propose to construct a new
residential building, or who propose to repair, rebuild or remodel an existing residential structure within
the boundaries of the district, must do one of the following:
1.
Noise mitigation standards. Construct, repair, rebuild or remodel the residential structure in
accordance with the noise mitigation standards in Section 35.7.4.12; or
2.
Avigation easement. Execute an avigation easement, approved as to form by the city attorney,
conveying to the City of Denton an unobstructed right-of-way for the passage of all aircraft and rights
to cause within such easement such noise, vibration, fumes, dust, fuel particles and all other effects
that may be caused by the operating or aircraft landing at, taking off from, or operating at, the Denton
Municipal Airport.
35.7.4.8
Administration.
A. Designated official. The Director of Planning and Development shall be the official responsible for
administration of the airport zoning regulations.
B.
Permit required - New uses. Except as specifically provided otherwise in this article, no person shall
make a material change in the use of land, and no person shall erect, establish, or allow to be erected or
otherwise established any structure, and no person shall plant or allow to be planted any natural object in
any zoning district hereby created unless a permit for such use, structure, or plant has been granted by the
director applying regulations established in this article. No permit for use inconsistent with the provisions
of this article shall be granted unless a variance has been approved in accordance with Section 35.7.4.10.
C.
Permit required - Change in existing use. A person shall apply to the director for a permit for any
substantial repair of an existing structure, or replacement thereof, or substantial change in existing use, in
order to determine compliance with the requirements of this article. No permit shall be granted that would
allow a nonconforming use, structure or tree to be more or become higher, or become a greater hazard to
air navigation, than it was on the effective date of this ordinance or any amendments thereto or than it is
when the application for a permit is made.
D. Application and decision. Each application for a permit shall be submitted to the director upon a form
published for that purpose. The application shall indicate the purpose for which the permit is desired, with
sufficient particularity to permit the director to determine whether the resulting use, structure, or natural
object would conform to the regulations herein prescribed. The director shall promptly review and grant
or deny applications required by this ordinance to be submitted to the director. If the application meets
the standards in this article, the application shall be granted. Applications for variances shall be made to
7-6
Subchapter 7
Development Code
the board of adjustment by first filing said application for variance with the director who shall forthwith
transmit said application to the board of adjustment for determination.
E.
F.
Exceptions. No permit is required for the following uses:
1.
In the area lying within the limits of the horizontal zone and conical zone, any natural object or
structure less than seventy-five (75) feet of vertical height above the ground, except when, because of
terrain, land contour, or topographic features, such object or structure would extend above the height
limits prescribed for such zones.
2.
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than
four thousand two hundred (4,200) feet from each end of the runway, any natural object or structure
less than seventy-five (75) feet of vertical height above the ground, except when such object or
structure would extend above the height limit prescribed for such approach zones.
3.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to
permit any construction, or alteration of any structure, or growth of any natural object in excess of
any of the height limits established by this ordinance.
Enforcement. It shall be the duty of the director to administer and enforce the regulations prescribed
herein.
35.7.4.9
Nonconformities.
A. Regulations not retroactive. The regulations prescribed by this article shall not be construed to require
the removal, lowering, or other change or alteration of any structure or natural object not conforming to
the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of
any nonconforming use. Nothing herein contained shall require any change in the construction, alteration
or intended use of any structure, for which a complete application was accepted for filing prior to the
effective date of this ordinance, which is consistent with existing regulations and for which construction is
diligently pursued.
B.
Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any
nonconforming structure or area is hereby required to permit the installation, operation, and maintenance
hereon of such markers and lights as shall be deemed necessary by the director, in order to indicate to the
operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and
lights shall be installed, operated, and maintained at the expense of the city or the FAA.
C.
Nonconforming uses abandoned or destroyed and applicability of other regulations. Whenever the
director determines that a nonconforming structure or natural object within the area subject to this article
has been abandoned or more than fifty (50) percent torn down, physically deteriorated, or decayed, no
permit shall be granted that would allow such structure or natural object to exceed the applicable height
limit or otherwise deviate from the zoning regulations of this chapter. In all other cases, the continuation,
repair, reconstruction or remodeling of non-conforming uses or structures shall be governed by Section
20; provided, however, the director shall apply the standards in this article.
35.7.4.10 Variances.
A. Application for variance. Any person desiring to erect or increase the height of any structure, or permit
the growth of any natural object, or use his property, in violation of the airport zoning regulations
prescribed in this article, shall first apply to the board of adjustment for variance from such regulations.
The application for variance shall be accompanied by a determination from the Federal Aviation
Administration as to the effect of the proposal on the operation of air navigation facilities and the safe,
efficient use of navigable airspace.
B.
Criteria. Such variances shall be allowed where it is duly found that:
1.
A literal application or enforcement of the regulations will result in a practical difficulty or
unnecessary hardship; and
7-7
Subchapter 7
Development Code
2.
C.
The relief granted would not be contrary to the public interest, but do substantial justice, and be in
accordance with the spirit of this ordinance.
Conditions. The board may impose any reasonable conditions on the variance that it considers necessary
to accomplish the purposes of this article.
D. Procedures. The board of adjustment shall consider the variance application at a public hearing in
accordance with its regular procedures.
Airport Height Hazard District
7-8
Subchapter 7
Development Code
Airport Compatibility Land Use Subdistricts
7-9
Subchapter 7
Development Code
35.7.4.11
Board of adjustment
A.
Findings. The board of adjustment shall make written findings of fact and conclusions of law stating the
facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any
order, requirement, decision, or determination which comes before it under the provision of this
Subchapter.
B.
Decision. The concurring vote of four (4) members of the board of adjustment shall be necessary to
reverse any order, requirement, decision, or determination of the director or to decide in favor of the
applicant on any matter upon which it is required to pass under this Subchapter, or to effect any variation
in this Subchapter.
35.7.4.12 Noise Mitigation Standards.
The following standards are intended to provide for the insulation of the interior of buildings to an Ldn 45 or less from
outside noise levels over Ldn 65. The Building Official may approve of alternative standards upon the submission of
plans signed by a qualified acoustical engineer certifying that the alternative standard will reduce outside noise levels to
45 Ldn or less inside the building. The standards shall be applied to construction of new residential or noise-sensitive
commercial uses, and for reconstruction or remodeling, to existing buildings of the types mentioned above when the
value of the improvement exceeds 50 percent of the value of the existing structures. The standards, however, shall apply
to and addition to an existing residential or noise sensitive commercial structure. Where noise-sensitive activities are
carried on in only a portion of new or reconstructed commercial buildings, only those areas judged noise-sensitive need
to be protected.
A. General
1.
Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be
grouted or caulked airtight.
2.
At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes,
ducts, or conduits shall be caulked or filled with mortar.
3.
Window and/or through the wall HVAC type units shall not be used.
4.
Operational, vented fireplaces shall not be used.
5.
All sleeping spaces shall be provided with a sound absorbing ceiling and carpeted floor.
6.
Through the wall/door mailboxes shall not be used.
B. Exterior Walls
7-10
1.
Masonry walls having a surface weight of at least 40 pound per sq ft do not require a furred interior
wall. In areas over 70 Ldn, masonry walls having a surface weight of at least 75 pounds per sq ft do
not require a furred interior wall. At least one surface of concrete block wall shall be plastered or
painted with heavy “bridging” paint.
2.
Stud walls shall be at least four inches in nominal depth and shall be finished on the outside with
siding on sheathing, stucco, or brick veneer.
a.
Interior surface of the exterior stud walls shall be of gypsum board or plaster at least ½ inch
thick, installed on the studs. The gypsum board or plaster may be fastened rigidly to the studs if
the exterior is brick veneer or stucco. If the exterior is siding-on-sheathing, the interior gypsum
board or plaster must be fastened resiliently to the studs.
b.
Continuous composition board, plywood, or gypsum board sheathing shall cover the exterior
side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh at least
four pounds per sq ft.
c.
All edges of the sheathing shall be sealed with resilient caulking.
Subchapter 7
Development Code
d.
Insulation material at least two inches thick shall be installed continuously throughout the cavity
space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or
mineral wood.
C. Windows
1.
Glass of double-glazed windows shall be used and at least 1/8-inch thick.
2.
Double-glazed windows shall employ fixed sash or efficiently weatherstripped operable sash. The sash
shall be rigid and weatherstripped with material that is compressed airtight when the window is
closed.
3.
Glass of fixed-sash windows shall be sealed in an airtight manner with a nonhardening sealant, or a
soft elastomeric gasket or glazing tape.
4.
The perimeter of the window frame shall be sealed airtight to the exterior wall construction with a
resilient sealant.
5.
The total area of glass of both windows and exterior doors in sleeping spaces shall not, exceed 20
percent of the floor area.
D. Doors
1.
All exterior side-hinged doors shall be solid-core wood or insulated or hollow metal at least 1.75
inches thick and shall be fully weatherstripped.
2.
The glass of double-glazed sliding doors shall be at least 3/16 of an inch thick and separated by a
minimum ½-inch airspace. The frame shall be provided with an efficiently airtight weatherstripping
material.
3.
The perimeter of door frames shall be sealed airtight to the exterior wall construction.
4.
Glass in doors shall be set and sealed in an airtight nonhardening sealant, or a soft elastomeric gasket
or glazing tape.
E. Roofs
F.
1.
With an attic or rafter space at least six inches deep, and with a ceiling below, the roof shall consist of
½-inch composition board, plywood, or gypsum board sheathing topped by roofing as required.
2.
If the underside of the roof is exposed, or if the attic or rafter space is less than six inches, the roof
construction shall have a surface weight of at least six pounds per sq ft, except that, in areas over 70
Ldn, the roof construction shall have a surface weight of at least nine pounds per sq ft. Rafters, joist,
or other framing may not be included in the surface weight calculation.
3.
Window or dome skylights shall be double-glazed and separated by minimum ½-inch airspace. In
areas over 70 Ldn, skylights are not permitted.
Ceilings
1.
Gypsum board or plaster ceilings at least ½-inch thick shall be provided, where required by Section
35.7.4.12.A.5. Ceilings shall be substantially airtight, with minimum number of penetrations.
2.
Glass fiber or mineral wood insulation at least six inches thick shall be provided above the ceiling
between joists.
G. Floors
The floor of the lowest occupied rooms shall be slab on grade, below grade, or over a fully enclosed
basement. All doors and window openings in the fully enclosed basement shall be tightly fitted.
H. Ventilation
1.
A mechanical ventilation system shall be installed that will provide the minimum air circulation and
fresh air-supply requirements for various uses in occupied rooms, without need to open any windows,
doors, or other openings to the exterior.
7-11
Subchapter 7
Development Code
35.7.5
35.7.5.1
2.
Gravity vent openings in the attic shall not exceed code minimum in number and size. The openings
shall be fitted with transfer ducts at least three feet in length, containing approved internal soundabsorbing duct lining. Each duct shall have a line 90-degree bend in the duct such that there is no
direct line of sight from the exterior through the duct into the attic.
3.
If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet
metal transfer ducts of at least 20-gauge steel, which shall be lined with one-inch thick approved duct
liner, and shall be at least five-feet long with one 90-degree bend. In areas over 70 Ldn, the duct lining
shall be at least 10 feet long.
4.
All vent ducts connecting the interior space to the outdoors, excepting domestic range and dryer
exhaust ducts, shall contain at least a 10-foot length of approved internal sound-absorbing duct lining.
Each duct shall be provided with a line 90-degree bend in the duct such that there is no direct line of
sight through the duct.
5.
Duct lining shall be coated glass fiber duct liner at least one-inch thick, approved and suitable for the
intended use.]
6.
Domestic range and dryer exhaust ducts connecting the interior space to the outdoors shall contain a
baffle plate across the exterior termination that allows proper ventilation. The dimensions of the
baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle
plate shall be of the same material and thickness as the vent duct material and shall have the same free
area as the vent duct.
7.
Building heating units with flues or combustion air vents shall be located in a closet or room closed
off from the occupied space by doors.
8.
Doors between occupied space and mechanical equipment areas shall be solid-core wood or 20-gauge
hollow metal at least 1.75 inches thick and shall be fully weatherstripped.
Fry Street Overlay District
Fry Street District Established
There is hereby established a special zoning overlay district to be known as the Fry Street District. The Fry Street
District is defined as that area approximately 12.42 acres in size which is bounded by Welch Street to the east, Oak Street
to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the south, and Hickory to the
southwest. All buildings, structures, sites, and properties within the designated district shall be subject to the restrictions,
limitations, and provisions of the Fry Street District regulations as provided for in section 35.7.5, and its subsections.
The district is further divided into subareas A and B, as depicted in Exhibit 35.7.5.A. Each subarea is subject to distinct
regulations, where noted herein.
35.7.5.2
Purpose and Intent
The purpose and intent of this overlay district is to promote the public peace, safety, cleanliness, and general welfare for
community members and patrons of the Fry Street District, by providing for regulations on off-street and remote
parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential and commercial
density.
7-12
Subchapter 7
Development Code
Exhibit 35.7.5.A. Fry Street Overly District Subareas
35.7.5.3
Off-Street Parking
The provisions of Subchapter 14 shall apply to the Fry Street District, except as follows:
A. Remote parking. Remote off-street parking to serve a building or use within the Fry Street District may be
provided on a tract or parcel of land other than on which the building or use being served is located,
provided that the required off-street parking space shall be within one thousand (1,000) feet of the
building or use being served and shall provide convenient pedestrian access to the building or use being
served.
B. Non-residential, including restaurant, retail, private club, on-premises sale of beer and/or wine: One space
for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under
maximum seating arrangements, whichever is greater.
C. Multi-family residential – Subarea A only. Multi-family residential development in subarea A shall be
required to provide parking according to the following schedule:
1.
2.
3.
4.
Efficiency units: One and one-fourth (1.25) space
Units with 1 bedroom: One and one-half (1.50) space
Units with 2 or more bedrooms: One space for each bedroom
Fraternities, sororities, boarding and lodging houses. One (1) space for each bedroom
7-13
Subchapter 7
Development Code
35.7.5.4
Area and Height Requirements
The provisions of Subchapter 5 shall apply to the Fry Street Overlay District, except as modified for each subarea below:
A.
Minimum lot area – Subarea A only:
A.
B.
C.
B.
Minimum lot depth – Subarea A only:
1.
C.
Residential uses:
50%
Non-residential uses:
100%
Mixed-uses that include residences: 80%
Floor / Area Ratio – Subarea A only:
1.
2.
3.
F.
Residential uses: Sixty (60) feet.
Maximum building coverage – Subarea A only:
1.
2.
3.
E.
Residential uses: One hundred (100) feet.
Minimum lot width – Subarea A only:
A.
D.
Residential uses: Six thousand (6,000) square feet.
Non-residential uses: No minimum lot area.
Mixed uses, including residential: No minimum lot area.
Residential uses:
3:1
Non-Residential uses:
2:1
Mixed-uses that include residential: 3 : 1, provided that residential uses shall comprise the top story
of any structure
Required Yards – Subarea A only:
1.
Residential uses:
Front:
Side:
Rear:
2.
Non-Residential uses:
Front:
Side:
Rear:
3.
Minimum of 30 feet from centerline of street.
No required yard
No required yard
Mixed-uses that include residential:
Front:
Side:
Rear:
7-14
Minimum of 30 feet from centerline of street.
No required yard
Minimum of 10 feet
Minimum of 30 feet from centerline of street.
No required yard
Minimum of 10 feet for any floor that includes residences
Subchapter 7
Development Code
G.
H.
Height Regulations.
1.
Subarea A only. No structure may exceed 3 stories. Overall building height, including HVAC
equipment, roof systems, vent stacks, chimneys, etc., may not exceed 45 feet in height.
2.
Subarea B only. No habitable structure may exceed 4 stories, with an overall building height of 55
feet, including HVAC equipment, roof systems, vent stacks, chimneys, etc.
Residential densities.
1.
Subarea A only. The maximum number of apartment units that can be constructed on a site, while
observing regulations including floor area ratio, building coverage, parking, height and setbacks, shall
require a minimum land area in accordance with the following schedule:
a.
b.
c.
2.
I.
35.7.5.5
Efficiency:
1,000 square feet
One bedroom apartment:
1,200 square feet
Each additional bedroom per apartment: 300 square feet
Subarea B only. The maximum residential density of subarea B shall be 72.5 units per acre, where one
(1) bedroom is equivalent to one-half (0.5) of a residential unit.
Parking Structures – Subarea B only. No parking structure may exceed 5 stories, or 60 feet in height.
Mechanical equipment, including HVAC equipment, roof systems, vent stacks, and satellite dishes, may be
mounted on the top story of parking structures, provided they are not visible from any adjacent public
right-of-way.
Multi-Family Uses
Multi-family residential uses shall be allowed within any zoning district within the Fry Street District.
35.7.5.6
Solid Waste Containers
A.
Location. Solid waste containers in the Fry Street District shall be located off the street in centralized
locations, to the rear of buildings served by each container, and shall be screened with devices made of
masonry or wood.
B.
Consolidation. Each owner, occupant, tenant, or lessee of any business, commercial, or institutional
property, or other property not served by residential solid waste collection service, shall contract with the
City for shared or consolidated commercial solid waste collection and disposal services, unless otherwise
required by ordinance.
C.
Subarea B shall provide adequate area to accommodate two (2) trash compactors to serve the Subarea, in a
location specified by the approved site plan for the subarea.
35.7.5.7
Sign Regulations
The provisions of Subchapter 15 of the Denton Development Code, as hereafter amended, superseded or replaced, shall
apply, except as modified for each subarea below:
A.
Prohibited signs. Ground and monument signs are prohibited within Subarea A, but may be permitted in
Subarea B, consistent with the limitations of 35.7.5.7.B.2, below.
B.
Allowed signs
7-15
Subchapter 7
Development Code
1.
Wall signs. Wall signs in the Fry Street District may be permitted, subject to the following additional
restrictions and limitations:
a. Mounting and Orientation. All signs in Subarea A of the Fry Street District shall be wall
mounted signs, mounted parallel with, and not perpendicular to, the face of the wall upon
which the sign is secured. Wall signs in Subarea B may be mounted perpendicular to
building faces, provided they do not encroach into public rights-of-way.
b. Residential – Subarea A only. Signs associated with residential uses in subarea A of the Fry
Street District Signs shall be limited to the purpose of indicating the name of the residential
development (apartment, condominium, etc.) or for informational or regulatory purposes.
c. Mixed-uses that include residential – Subarea A only. Signs associated with mixed uses in
subarea A of the Fry Street District shall be allowed only on those stories of a building that
include non-residential uses.
2.
Monument signs – Subarea B only. Monument signs, not exceeding 15 square feet of effective area,
may be permitted at entrances to mixed use developments, as depicted in the site plan for Subarea B
(Exhibit 35.7.5.B).
Exhibit 35.7.5.B. Subarea B Site Plan
7-16
Subchapter 7
Development Code
3.
Design – Subarea B only. Signs in Subarea B shall be in a style and size consistent with the
conceptual designs provided in Exhibit 35.7.5.C.
Exhibit 35.7.5.C. Subarea B Conceptual Sign Renderings
7-17
Subchapter 7
Development Code
Exhibit 35.7.5.C. Subarea B Conceptual Sign Renderings – Continued
7-18
Subchapter 7
Development Code
35.7.5.8.
Landscaping Requirements for Subarea B only:
A. Landscaping. Subarea B shall provide landscaping as depicted in Exhibit 35.7.5.D.
Exhibit 35.7.5.D. Subarea B Landscaping Plan
35.7.5.9.
Site Plan Requirements for Subarea B only:
Construction shall substantially conform to the site plan shown at Exhibit 35.7.5.B.
35.7.5.10. Architectural Standards for Subarea B only:
The following requirements apply to Subarea B, in addition to any other requirements provided by code or ordinance:
A. Residential Units fronting Welch Street shall incorporate sloped roof pitches.
B. Each principal façade or massing area shall incorporate at least two (2) of the features identified on the
image board (Exhibit 35.7.E.), including but not limited to:
1.
2.
3.
4.
5.
6.
Store front design
Awnings
Stoops on the street level
Accent bay windows
Cornice details
Brick facades with flat roof lines
7-19
Subchapter 7
Development Code
7. The incorporation of a bench and street tree in front of the building
8. Arch details
9. Shutters.
Exhibit 35.7.5.E. Subarea B Architectural Image Board
C. Parking Structures will be provided with a façade designed to mimic the adjacent buildings within the
subarea, so as to assist in integrating the structure into the balance of the subarea, and to assist in
camouflaging the structure from the public right-of-way.
35.7.5.11. Minor Amendments
Upon request of the applicant, the Director of Planning and Development, or his designee, may authorize minor
amendments to the site or landscape plan so long as such minor amendments do not change the land use or substantially
change the character, development standards, or design of the development as shown on the approved site or landscape
plans. For purposes of this provision, a "substantial change" shall mean a change which will increase the number of
proposed dwelling units or bedrooms, height, or number of stories; or decrease the amount of required off-street
parking spaces.
The Director of Planning and Development, or his designee, shall make such authorization only in writing and such
document shall be placed in the ordinance file governing the specific plan.
7-20
Subchapter 7
Development Code
35.7.5.12. Conflict with Other Regulations
To the extent the provisions of this article conflict with any other ordinances of the City of Denton, the provisions of
this article shall control. All provisions of other City of Denton ordinances not in conflict with this article shall remain
in full force and effect.
35.7.6
Historic Landmark Preservation and Historic Districts Generally
35.7.6.1
Declaration of policy
The city council hereby finds and declares as a matter of public policy that the protection enhancement, preservation and
use of historic landmarks is a public necessity and is required in the interest of culture, prosperity, education and general
welfare of the people. The purposes of this article are to:
A.
Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important
elements of the city’s and state’s architectural, archeological, cultural, social, economic, ethnic and political
history and to develop appropriate settings for such places.
B.
Safeguard the city’s historic and cultural heritage, as embodied and reflected in such historic landmarks by
appropriate regulations;
C.
Stabilize and improve property values in such locations;
D. Foster civic pride in the beauty and accomplishments of the past;
E.
Protect and enhance the city’s attractions to tourists and visitors and provide incidental support and
stimulus to business and industry;
F.
Strengthen the economy of the city;
G. Promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the
people of the city and visitors of the city.
35.7.6.2
Penalty
A. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze
or maintain any building, structure or land in an historic landmark designation in violation of the
provisions of this Subchapter, and the city in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful construction, restoration, demolition, razing or
maintenance to restrain, correct or abate such violation to prevent any illegal act, business or maintenance
in an about such premises.
B.
Any person violating any provision of this article shall be guilty of a misdemeanor and shall be punished as
provided in Section 35.1.10.4 of this Chapter.
35.7.6.3
Notices
Any notice required to be given under this Subchapter, if not actually delivered, shall be given by depositing the notice in
the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last
known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by
certified or registered mail, may be addressed to such owner who has rendered his property for city taxes as the
ownership appears on the last approved city tax roll.
35.7.6.4
Designation of landmarks
A. The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic
landmarks and define, amend and delineate the boundaries thereof. The suffix “H” shall indicate the
zoning designation of those buildings, structures, sites, districts, areas and lands which the city council
designates as historic landmarks. Such designation shall be in addition to any other use designation
established in this chapter. The zoning map shall reflect the designation of an historic landmark by the
letter “H” as a suffix to any other use designation established by this chapter.
7-21
Subchapter 7
Development Code
B.
In making the designations as set forth in subsection A of this section, the city council shall consider but
shall not be limited to one (1) or more of the following criteria:
1.
Character, interest or value as part of the development, heritage or cultural characteristics of the city,
state or the United States;
2.
Recognition as a recorded state historic landmark, a national historic landmark or entered into the
National Register of Historic Places;
3.
Embodiment of distinguishing characteristics of an architectural type or specimen;
4.
Identification as the work of an architect or master builder whose individual work has influenced the
development of the city;
5.
Embodiment of elements of architectural design, detail, material or craftsmanship which represent a
significant architectural innovation;
6.
Relationship to other distinctive buildings, sites or areas which are eligible for preservation according
to a plan based on architectural, historic or cultural motif;
7.
Portrayal of the environment of a group of people in an area of history characterized by a distinctive
architectural style;
8.
Archeological value in that it has produced or can be expected to produce data affecting theories of
historic or prehistoric interest;
9.
Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or
United States;
10. Location as the site of a significant historic event;
11. Identification with a person who significantly contributed to the culture and development of the city,
state or United States;
12. A building or structure that because of its location has become of value to a neighborhood,
community area or the city;
13. Value as an aspect of community sentiment or public pride.
35.7.6.5
Hearings
A. The city planning and zoning commission shall hold public hearings as provided for in V.T.C.A., Local
Government Code § 211.007 to consider any historic landmark designation ordinance after receiving a
recommendation from the historic landmark commission. The notices provided for in V.T.C.A., Local
Government Code § 211.007 shall be sent to all owners of property which is proposed for “H”
designation as well as to the adjoining property owners specified in such article.
B.
Within thirty (30) days after the hearing, the city planning and zoning commission shall set forth in writing
its recommendation, including the findings of fact that constitute the basis for its decision, and shall
transmit its recommendation concerning the proposed ordinance to the city council along with the
recommendation of the landmark commission.
35.7.6.6
Recording of decision
Upon passage of an historic landmark designation ordinance by the city council, the city secretary shall file a copy of the
ordinance with the city and county tax assessors, together with a notice briefly stating the fact of the designation, and
shall send a copy of such notice to the owner of the affected property by certified mail.
35.7.6.7
Amendments
The regulations, restrictions and boundaries of this section may from time to time be amended, supplemented, changed,
modified or repealed. In case, however, of a written protest against such change signed by the owners of twenty (20)
percent or more either of the area of the lots or land included in such proposed change or of the lots or land
7-22
Subchapter 7
Development Code
immediately adjoining the change and extending two hundred (200) feet therefrom, such amendment shall not become
effective except by the favorable vote of three-fourths of all members on the city council.
35.7.6.8
Exterior alterations and changes; minor exterior alteration, ordinary maintenance;
appeals
A. Certificate of appropriateness. No person shall alter, change, construct, reconstruct, expand, restore,
remove or demolish any exterior architectural feature of a designated historic landmark or allow the results
of such action to be maintained unless application is made in compliance with this section for a certificate
of appropriateness and such a certificate is granted. As used in this Subchapter, the term “exterior
architectural feature” shall include but not be limited to architectural style and general arrangement of such
portion of the exterior of a structure as is designed to be open to view from a public way. A certificate of
appropriateness shall be obtained prior to the issuance of any building permit, although the certificate of
appropriateness review and building permit and other required permit review processes may be conducted
simultaneously. A certificate of appropriateness may also be required for work not otherwise requiring a
building permit. The certificate of appropriateness shall be required in addition to, and not in lieu of, any
required building permit.
1.
Application. Prior to commencement of any work, the owner shall file an application for a certificate
of appropriateness with the city preservation officer. The application shall contain such information
as is requested from a form prepared by the preservation officer, the provisions of which have been
approved by the city attorney.
2.
Determination of procedure. Upon receipt of an application for a certificate of appropriateness, the
preservation officer shall determine whether the application is to be reviewed under the ordinary
maintenance review procedure, the minor exterior alteration procedure or the standard procedure for
certificate of appropriateness review.
B. Ordinary maintenance. Ordinary maintenance shall be defined as the process of stabilizing deteriorated
or damaged architectural feature (including but not limited to roofing, windows, columns, and siding), and
will include any work that does not constitute a change in design, material, color or outward appearance,
and include in-kind replacement or repair.
1.
If the applicant is seeking a certificate of appropriateness to authorize only ordinary maintenance, the
preservation officer shall review the application to determine whether the proposed work complies
with the regulations contained in this Subchapter and all applicable ordinances and approve or deny
the application within five (5) days of its receipt.
2.
If no action is taken within five (5) working days, a certificate of appropriateness is deemed to be
approved. The applicant may appeal the preservation officer’s decision to deny by submitting to the
preservation officer a written request for appeal within ten (10) days of the decision. The written
request for appeal starts the standard certificate of appropriateness review procedure by the historic
landmark commission.
C. Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or alteration to
awnings, fences, gutters and downspouts; incandescent lighting fixtures; hardscaping comprising more
than twenty-five (25) percent of the front or side yard; restoration of original architectural features that
constitute a change from existing condition; painting of wood or other appropriate elements that
constitutes a change in color from existing color; and additions and changes not visible from any street to
the rear of the main structure or to an accessory structure.
1.
If the applicant is seeking a certificate of appropriateness to authorize only minor exterior alterations,
as defined in this section, the executive director of planning and development shall review the
application to determine whether the proposed work complies with the regulations contained in this
Subchapter and all applicable ordinances and approve or deny the application within five (5) working
days of its receipt.
2.
If no action is taken within five (5) working days of its receipt, a certificate of appropriateness is
deemed to be approved. The applicant may appeal the decision to deny by submitting to the executive
director of planning and development a written request for appeal within ten (10) days of the decision.
7-23
Subchapter 7
Development Code
The written request for appeal starts the standard procedure certificate of appropriateness review by
the historic landmark commission.
D. Standard procedure for certificate of appropriateness review.
1.
If the applicant is seeking a certificate of appropriateness to authorize work that is not ordinary
maintenance or a minor exterior alteration, the preservation officer shall forward the application to
the historic landmark commission for review not later than twenty-one (21) days of receipt of a
completed application. No Application shall be accepted for processing unless it is accompanied by
all documents required by and prepared in accordance with the requirements of this Subchapter,
applicable Criteria Manuals, and all applicable City ordinances, rules and regulations (the
“Regulations”). Not later than the tenth business day after the submission of the Application, the
DRC Chair shall make a determination in writing whether the Application constitutes a complete
Application. An email or comment in the City’s permit tracking program is considered a
determination in writing. The determination shall specify the documents or other information needed
to complete the Application and shall state the date the Application will expire if the documents or
other information are not provided. The historic landmark commission shall conduct a public hearing
on the applications to allow applicants and interested persons to present their views.
2.
All decisions of the commission shall be in writing, stating its approval or the specific reasons for
denying or modifying any applications. A copy of the certificate shall be sent to the applicant and a
copy filed with planning and development department.
3.
If a certificate of appropriateness has been approved by the historic landmark commission:
a.
It shall issue the certificate to the applicant; and
b.
If a building permit is required for the proposed work, a copy of the certificate of
appropriateness shall be forwarded to the building official.
4.
If a certificate of appropriateness has been denied, the applicant may appeal the decision in writing to
the city council by filing a written notice with the city secretary within ten (10) days of receiving notice
of the denial.
5.
After a final decision is reached denying a certificate of appropriateness, no further applications may
be considered for the subject matter of the denied certificate for one (1) year from the date of the
final decision unless:
a.
6.
The historic landmark commission waives the time limitation because the historic landmark
commission finds that there are changed circumstances regarding the property sufficient to
warrant a new hearing. A simple majority vote by the historic landmark commission is required to
grant the request for a waiver of the time limitation. If the historic landmark commission denies
the request the applicant may appeal in writing to the city council by filing written notice with the
city secretary within ten (10) days of receiving the notice of the denial.
If final action has not been taken by the landmark commission within forty-five (45) days of the
posting of the application on the commission’s agenda by the preservation officer:
a.
The preservation officer shall issue a certificate of appropriateness to the applicant for the
proposed work; and
b.
If all other requirements of the city code are met and a building permit is required for the
proposed work, the building official shall issue a building permit to the applicant for the
proposed work.
E. Criteria for denial of certificate of appropriateness. A certificate of appropriateness must be denied if
there is a final decision that the proposed work will have an adverse effect on
7-24
1.
The external architectural features of the historic landmark;
2.
The external architectural features of the properties in the block or in the historic district as a whole;
or
Subchapter 7
Development Code
3.
F.
The future preservation, maintenance and use of the historic landmark and the historic district.
Amendments to a certificate of appropriateness. A certificate of appropriateness may be amended by
submitting an application for amendment to the preservation officer. The application shall then be subject
to the standard certificate of appropriateness review procedure.
G. Emergency procedure. If a landmark is damaged and the building official determines that the landmark
will suffer additional damage without immediate repair, the building official may allow the property owner
to temporarily protect the landmark. In such a case, the property owner shall apply for a certificate of
appropriateness within ten (10) days of the occurrence, which caused the damage. The protection
authorized under this section must not permanently alter the architectural features of the landmark.
35.7.6.9
Demolition or removal of historic landmarks
A. If an application is received for demolition or removal of a designated historic landmark, the building
official shall immediately forward the application to the historic landmark commission. The landmark
commission shall hold a public hearing on the application within thirty (30) days after the application is
initially filed with the building official. The applicant shall be given ten (10) days’ written notice of the
hearing. The landmark commission shall consider the state of repair of the building, the reasonableness of
the cost of restoration or repair, the existing and/or potential usefulness, including economic usefulness of
the building, the purposes behind preserving the structure as an historic landmark, the character of the
neighborhood and all other factors it finds appropriate. If the landmark commission determines that in the
interest of preserving historical values the structure should not be demolished or removed, it shall notify
the building official that the application has been disapproved, and the building official shall so advise the
applicant within five (5) days therefrom. If the landmark commission determines that the interest of
preserving historical values will not be adversely affected by such demolition or removal or that the
interest of preserving historical values can best be served by the removal of a structure to an other
specified location, it shall issue its certificate of demolition or its certificate of removal, as may be
appropriate, to the building official, and the building official shall so advise the applicant within five (5)
days therefrom.
B.
If no action has been taken by the landmark commission within sixty (60) days of original receipt by the
landmark commission of the application, a certificate of demolition or certificate of removal shall be
deemed issued by the landmark commission and the building official shall so advise the applicant.
C.
After a decision is reached by the landmark commission denying an application for a certificate of
demolition or a certificate of removal, a resubmittal of an application for such a certificate will not be
accepted for additional hearing within a twelve-month period from the date of the final decision.
D. Any applicant or the owner of any property located within three hundred (300) feet of any landmark who
is aggrieved by a ruling of the landmark commission concerning the landmark under the provisions of this
Subchapter may, within sixty (60) days after the ruling of the landmark commission, appeal to the city
council. Following a public hearing to be held within thirty (30) days of the filing of a notice of such
appeal with the city secretary, the city council may, by a simple majority vote, uphold or overturn any
ruling of the landmark commission made pursuant to this section.
35.7.6.10 Procedures for obtaining permits pending designation as historic landmark
A. From and after the date on which the question of whether or not an building, structure, or site within the
city should be designated as an historic landmark is placed upon the agenda for any special or regular
meeting of the historic landmark commission or from and after the date on which such agenda is posted
in accordance with the provision of Vernon’s Ann. Civ. St. art. 6252-17, as amended, or from and after the
date that the historic landmark commission approves or recommends a preservation plan or any
amendment of any existing preservation plan which embraces or include the building, structure or site
within the city, whichever date first occurs, no building permit allowing the construction, reconstruction,
alteration, change, restoration, removal or demolition of any exterior architectural feature of any building
or structure then existing included or embraced in whole or in part within the scope of such agenda
consideration or such preservation plan or such amendment thereof, as the case may be, and no permit
allowing the demolition or removal of all or any part of any such building or structure may be issued by
7-25
Subchapter 7
Development Code
any official of the city nor, if no such permit is required, may any person or entity construct, reconstruct,
alter, change, restore, remove or demolish any exterior architectural feature of any such building or
structure until the earliest of the following conditions have been met:
1.
A final and binding certificate of appropriateness, removal or demolition, as may be appropriate, has
been issued by the historic landmark commission;
2.
The landmark commission fails to make a recommendation that some part or all of any such building
or structure be designated an historic landmark or be included within an historic landmark or within a
preservation plan or an amendment thereof within sixty (60) days following the earliest of the dates
described in subsection A of this section activating this section, under the circumstances; or
3.
A final and binding decision has been made by the city council that no part of any such building or
structure shall be designated an historic landmark or shall be included within any designated historic
landmark. However, should the city council fail to act within ninety (90) days from the date an appeal
is filed, the requested permit shall be granted. The ninety-day time limitation may be waived by the
appellant to allow the city council an additional thirty (30) days in which to act.
B.
It shall be the duty of the landmark commission to furnish the building official with a copy or written
notice of each such written order or such agenda or such preservation plan or amendment thereof, as the
case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the
building official with a copy or written notice thereof however, shall not have the effect of validating any
building permit, removal permit or demolition permit issued in ignorance of any such written order or
agenda. In any instance in which any such permit may not be required, it shall be the duty of the landmark
commission to give notice of any such written order or such agenda or such preservation plan or
amendment thereof to the owner of any building or structure included within the scope thereof, which
notice shall be deemed complete when actually given, orally, or in writing, to such owner or when written
notice there is deposited in the United States mail, postage prepaid, certified or registered, with return
receipt requested, addressed to such owner, whichever event first occurs.
C.
Any permit issued to any person from or after the date of any such written order or such agenda or the
approval or recommendation of such preservation plan or amendment thereof, as the case may be, shall
be null, void and of no force or effect until the earliest of the events described in subsections A.1, A.2 and
A.3 of this section occur.
D. Notwithstanding any other provision of this article, no building permit, removal permit or demolition
permit shall be issued by the building official for any structure located in a national register except as
authorized by this subsection. The building official shall notify the landmark commission immediately of
any application requesting a building permit, removal permit or demolition permit for a structure located
in a national register district. No such permit shall be issued by the building official before the landmark
commission has made a recommendation or scheduled the structure on its agenda or before the expiration
of forty (40) calendar days, whichever is sooner. If a structure is made an agenda item it shall be scheduled
for a public hearing as soon as adjacent property owners are notified. For purposes of this subsection,
“national register district” is defined as a designated area possessing a significant concentration, linkage or
continuity of sites, building structures or objects which are separated geographically but are linked by
association or history, provided that no area may be considered a national register district for purposes of
this subsection unless it has been designated in the Federal Register pursuant to the National Preservation
Act of 1966, as amended, prior to the effective date of the ordinance from which this section is derived
and until maps depicting such area are made available for inspection by the public in the office of the
building inspection department. Notwithstanding any provision hereof, this section shall not apply to
geographical areas designated as historic districts under the provisions of this article.
35.7.6.11 Maintenance; omission of repairs
A. The exterior of a designated historic landmark shall be maintained to ensure the structural soundness of
such landmark.
B.
7-26
If the landmark commission finds that there are reasonable grounds to believe that a designated historic
landmark is structurally unsound or in imminent danger of becoming structurally unsound, the historic
Subchapter 7
Development Code
landmark commission shall notify in writing the owner of record of the designated historic landmark of
such fact.
C.
Upon the giving of ten (10) day’s written notice to the owner of record of such designated historic
landmark, the landmark commission shall hold a public hearing to determine if the designated historic
building is structurally unsound or in imminent danger of becoming structurally unsound. The landmark
commission’s report may include evidence of economic hardship or willful neglect.
D. At the conclusion of the hearing, if the landmark commission finds that the designated historic building is
structurally unsound or in danger of becoming structurally unsound and that no valid reason exists as to
why the owner cannot of should not undertake to safeguard the structural soundness of the building, it
shall in writing notify the owner of record of the finding.
E.
The owner of record of a designated historic landmark who has been notified by the landmark
commission that such landmark is structurally unsound or in danger of so becoming shall within ninety
(90) days of receipt of such notice, satisfy the historic landmark commission that reasonably necessary
repairs to safeguard the structural soundness of the landmark have been effected.
F.
If the landmark commission determines that the building is structurally unsound but there are valid
reasons why the owner cannot or should not undertake to safeguard the structural soundness of the
building, it shall forward to the city council its recommendation as to what action, if any, should be taken
on the structure.
G. Any applicant or interested person aggrieved by a ruling of the landmark commission under the provisions
of this section may, within thirty (30) days after the date of such ruling, appeal to the city council.
35.7.6.12 Effect of zoning district use classification
Use classifications as to all property which may be included in an historic landmark designation shall continue to be
governed by this Subchapter and the procedures herein established.
7-27
Subchapter 7
Development Code
35.7.7
Historic Conservation District
35.7.7.1
Purpose
The purpose of establishing historic conservation overlay districts is to:
A. Safeguard the heritage of the City of Denton by preserving areas of the city that contain landmarks,
buildings, and/or sites which reflect elements of the city’s cultural, social, economic, political or
architectural or archeological history;
B. Stabilize and improve property values;
C. Ensure compatibility of new construction and structural alterations with the existing scale and
characteristics of surrounding properties;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Identify and promote the use of historic resources for the education, pleasure and welfare of citizens of
the City of Denton.
35.7.7.2
Definitions
The following words, terms and phrase, when used in this Subchapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Historic conservation district: A geographically defined area including a landmark or a group of landmarks, created
by the city council for the purpose of historic preservation. The city council may establish more than one such historic
conservation district. Landmarks within the boundaries of a historic conservation district are related by historical,
architectural or archaeological significance.
Historic preservation: The protection, reconstruction, rehabilitation, repair or restoration of landmarks of historical,
architectural or archeological significance.
HPO: The Historic Preservation Officer for the City of Denton (HPO).
Landmark: Any building, structure, site, district, area or land of architectural, historical, archaeological or cultural
importance or value which the city council determines shall be protected, enhanced and preserved in the interest of the
culture, prosperity, education and general welfare of the people.
Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission).
Site: The location of a significant event, a prehistoric or historic occupation or activity, which may include open spaces,
or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or
archeological value regardless of the value of any existing structure.
35.7.7.3
Criteria for Consideration as a Historic Conservation District
In order to be considered for designation as a historic conservation district, all of the following criteria must be met:
A.
The proposed district must include buildings, structures, or sites which are 50 years of age or be of
historical significance;
B.
The proposed district must include buildings, structures, or sites that have common character defining
features and be of common form;
C.
The proposed district must include buildings, structures, or sites which are similar in size, massing and
scale and/or have a common streetscape and/or have similar spatial relationships and/or contain
common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior
features, or materials.
D. The proposed district must express a local identity as recognizable combinations of qualities common
throughout an identifiable geographical area.
7-28
Subchapter 7
Development Code
35.7.7.4
Procedures for Designation
A. Designation as a historic conservation district may be initiated by the Landmark Commission or by written
request of more than 50% of the owners of property within the proposed historic conservation district
who collectively own more than 50% of the land area within the proposed historic conservation district.
Such a request shall designate clearly the land proposed to be included.
B. Upon receipt of a request or upon its own motion, the Landmark Commission shall conduct studies and
research and make a report on the landmarks within the historic conservation district, or on the site(s),
building(s), structure(s), object(s), open space(s), and/or feature(s) which would be landmarks if the area
were designated as a historic conservation district. The report shall report on how each building or
structure contribute to the defining characteristics of the proposed district. The report shall contain
boundary justifications for the inclusion or exclusion of geographical areas in or from a historic
conservation district or for the exclusion of geographical areas from a historic conservation district. The
report shall also determine if the request meets the criteria set out in Section 35.7.7.3 and set forth the
basis for the determination.
C. If the Landmark Commission determines that the area is not eligible for Conservation District
classification, it shall notify the applicant of the fact in writing. Notice is given by depositing the notice,
properly addressed and postage paid, in the United States mail. The notice must be sent to the address
shown on the application. The decision of the Landmark Commission that an area is not eligible for
conservation district classification may be appealed to the Planning and Zoning Commission.
D. An appeal under subsection (C) of this section is made by filing a written request with the Landmark
Commission. The request must be filed within 30 days of the date written notice is given to the applicant
of the Landmark Commission's decision. In considering the appeal, the sole issue shall be whether or not
the Landmark Commission erred in its determination of eligibility, and, in this connection, the Planning
and Zoning Commission shall consider the same standards that were required to be considered by the
Landmark Commission in making its determination.
E. The Planning and Zoning Commission’s determination of eligibility on appeal is final. If the Planning and
Zoning Commission determines that the area is not eligible for conservation district classification, no
further applications for conservation district classification may be considered, for the area of request, for
two years from the date of the decision. A property owner in the area of the request may apply for a
waiver of the two-year limitation pursuant to the Planning and Zoning Commission and must show
changes in circumstances that alter the facts and conditions upon which the first decision was determined.
F.
If the Landmark Commission determines that the area is eligible for conservation district classification, it
shall conduct any necessary studies and undertake any additional research it deems necessary on the
proposed historic conservation district. The decision of the Landmark Commission that an area is eligible
for conservation district classification may not be appealed.
G. Once any necessary studies or any additional research is complete, the Landmark Commission shall hold a
public hearing and shall give due notice of such public hearing. The notice for the public hearing shall
include written notice to the owner(s) of record of property proposed for designation as a historic
conservation district.
H. Within forty-five (45) days after the public hearing, the Landmark Commission shall submit a final report
to the Planning & Zoning Commission, stating its recommendations together with a draft of any proposed
change.
I.
The Planning & Zoning Commission shall hold a public hearing and shall give due notice of such public
hearing. Within forty-five (45) days after the public hearing, the Planning & Zoning Commission shall
submit a final report to City Council, stating its recommendations together with a draft of any proposed
change.
J.
The City Council shall consider the final reports produced by the Landmark Commission and by the
Planning and Zoning Commission in their decision making process. The City Council may amend this
Subchapter to designate property previously excluded from a historic conservation district or to designate
deletion of certain property from the historic conservation district.
7-29
Subchapter 7
Development Code
K. Requirements of Subchapter 7 “Special Purpose and Overlay Districts” shall apply to the creation of
Historic Conservation Districts, however, any conflict between this section and other provisions of
Subchapter 7 shall be resolved in favor of this section.
35.7.7.5
Conservation District Ordinance
The ordinance creating a conservation district shall be based upon the reports and recommendations of the Landmark
Commission, Planning and Zoning Commission, city staff, and property owners at the public meetings. The ordinance
must contain design guidelines based on the U.S. Secretary of the Interior's Standards for Rehabilitation, and may further
contain any additional regulations, special exceptions, or procedures that the City Council considers necessary to
conserve the distinctive atmosphere or character of the area, or to minimize potential adverse impacts which could result
from the creation of the district. In addition, all property owners must conform to existing building codes and zoning
regulating land uses.
35.7.7.6
Existing Construction
A. Existing construction shall be maintained in a manner that preserves or prolongs the structural integrity of
the character defining features of a property. Repairs shall be executed in a manner consistent with the
design guidelines established by each individual historic conservation district.
B. Repairs to structures that are deemed not to contribute to the character defining features of the district will
not have to comply with the design guidelines as long as the repairs are consistent with current architecture
of the structures.
35.7.7.7
Alterations to Existing Construction
A. Exterior structural alterations along the street frontage of historic buildings or structures should be
avoided and shall be kept to a minimum.
B. Design for structural alterations to existing buildings or structures in the historic conservation district shall
conform to the design guidelines established by each individual historic conservation district. The design
shall be compatible with the character defining features of the majority of surrounding properties and
exhibit similar size, massing and scale as nearby contributing buildings or structures.
C. The design guidelines will not apply to structures that are deemed not to contribute to the character
defining features of the district as long as the alterations match the existing exterior structure.
35.7.7.8
New construction; Structural Enlargement or Reduction
A. When new buildings or structures are proposed within a historic conservation district, their design shall be
compatible with the historic, cultural, or architectural character of the area. The design shall promote the
existing spatial and visual qualities in the historic conservation district, including height and scale of
buildings or structures, orientation, set back, spacing, site coverage, and exterior features.
B. Design for new construction shall conform to the design guidelines established by each individual historic
conservation district and a certificate of appropriateness shall be required under the same process as in
section 35.7.7.9.
C. This section shall not apply to new construction to replace a building that was deemed not to contribute to
the character defining features of the district. The new construction must match the height, scale,
orientation, set back, spacing, site coverage and exterior features of the building which it is replacing. New
construction must meet the provisions of subsections A and B herein if a building permit is not applied for
within six months and construction does not begin within 12 months of the damage, or destruction of the
structure.
7-30
Subchapter 7
Development Code
35.7.7.9
Certificate of Appropriateness
A Certificate of Appropriateness is required for work that has the potential to change the character of a structure or a
group of structures in a historic conservation district. A Certificate of Appropriateness is not required for routine
maintenance. Routine maintenance does not change the character of a structure or a group of structures in a historic
conservation district. Routine maintenance includes, but may not be limited to, painting already painted surfaces in-kind,
replacing rotted or damaged siding or roofing with in-kind materials, replacing or repairing broken fixtures or hardware
in-kind.
A.
The following lists the steps required to obtain a Certificate of Appropriateness:
1.
The property owner is required to submit an application for a Certificate of Appropriateness to the
HPO before proceeding with any work not considered routine maintenance. Examples of work
requiring a Certificate of Appropriateness application include, but may not be limited to, the following
types of work:
a.
Substantial exterior repair involving the removal or replication of character defining features;
b.
Rehabilitation, including minor rear or side additions to the building or structure (such as a small
bathroom, laundry room, minor room extension, additional openings not visible from the street),
or to the land (such as fencing, or outbuildings);
c.
Major alterations to the building or structure, including additional openings visible from the
street, garage, guest houses, major additions to the side, rear or additional full or partial story, or
to the land (such as fencing or outbuildings).
Information required to accompany an application includes:
a.
Plans of proposed work
b.
Photographs of existing conditions
c.
Photographs or drawings of missing features or elements to be rebuilt
d.
Information on specific products or materials proposed for use
All information submitted must include sufficient detail and specificity to enable an assessment as to
whether or not the proposed work is in accordance with the historic conservation district’s Design
Guidelines.
2.
Upon receipt of a complete application, the HPO shall forward the application to the Landmark
Commission for review. The Landmark Commission shall determine whether or not the application
documentation is adequate for evaluation, and shall determine if the proposed work is in accordance
with the applicable Design Guidelines. If an application is approved, the property owner may
proceed with the work as approved.
3.
If the Landmark Commission determines the proposed work is not in accordance with the applicable
Design Guidelines, the Landmark Commission shall make recommendations to the applicant
regarding changes to the proposed work that would bring the application into compliance with the
requirements for approval. The Landmark Commission and applicant shall work together, in good
faith, for a period of not less than sixty days, to resolve outstanding issues and reach agreement that is
in accordance with the applicable Design Guidelines. The applicant shall provide the Landmark
Commission with all pertinent information to help guide the Landmark Commission in their decision
making process. If information is made available to the Landmark Commission regarding economic
hardship, the Landmark Commission shall take that information into account regarding the
applicant’s ability to acquire specific materials and/or craftsmanship or complete a scope of work. If
after good faith effort, agreement is not reached, the Landmark Commission may deny the
application.
4.
If the Landmark Commission denies an application for a Certificate of Appropriateness, the applicant
may appeal the rejection to the City Council, within 10 days of the notice of denial. The Landmark
Commission shall provide the City Council with a report of their findings and efforts within thirty
7-31
Subchapter 7
Development Code
(30) days of the appeal. The City Manager shall, within a reasonable length of time, place the matter
upon the City Council agenda for a determination as to whether or not the proposed work is in
accordance with the applicable Design Guidelines. The City Council shall consider the Landmark
Commission’s report in making their decision. If an application is determined in accordance with
applicable Design Guidelines, the Council may approve the application. If an application is approved,
the applicant may proceed with the work as approved.
B.
35.7.8
Verification of Compliance for Certificate of Appropriateness Process
1.
The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no less than
thirty (30) days after, shall make an investigation of the property and shall approve or disprove the
fact that the property has been completed as required for Certification. If the repair or renovation
deviates in any way from the approved construction plan, the HPO will forward his/her findings to
the Landmark Commission.
2.
The Landmark Commission shall review the information submitted by the HPO and decide whether
or not the deviations from the approved construction plans are in accordance with the historic
conservation’s district Design Guidelines.
3.
If verification of completion shall be deemed unfavorable, the applicant shall be required to complete
the work as shown in the approved constriction plans or correct the deviation in a manner consistent
with the applicable Design Guidelines or appeal the Landmark Commission decision to City Council.
Historic District
35.7.8.1
Definition
Districts which may be designated historic landmarks pursuant to Section 35.7.6.1 shall be referred to as “historic
districts” and shall mean geographically definable areas possessing significant concentration, linkage or continuity of
buildings, structures, sites areas or land which are united by architectural, historical, archeological or cultural importance
or significance.
35.7.8.2
Restrictions
All buildings, structures, sites, areas or lands located within a designated historic district, whether individually designated
historic or not, are subject to these regulations. No person shall construct, reconstruct, alter, change, restore, remove or
demolish in any way the exterior features of such building, structure or site, area or land until a permit has been granted
by the building official of the city. Furthermore, no public improvements, including but not limited to street
construction, signs, lighting, sidewalk construction, parking facilities and traffic system changes, except traffic-control
signs and devices, shall be made within or affecting an historic district without approval of the city council after
recommendation has been submitted by the historic landmark commission and appropriate city departments.
35.7.8.3
District Boundaries
The boundaries of historic districts shall be drawn so as to include all buildings, structures, sites areas or lands which
meet one (1) or more of the criteria set out in Section 35.7.6.5 or which directly affect or relate to such buildings,
structures, sites, areas or lands meeting one (1) or more of the Section 35.7.6.5 criteria, provided that at least fifty-one
(51) percent of the total structures within the boundaries are of architectural, historic, archeological or cultural
importance or value.
7-32
Subchapter 7
Development Code
35.7.8.4
Establishment of historic districts
A. Applications for consideration of an historic district shall be based upon architectural, historical,
archeological or cultural importance or value and accompanied by a report to the landmark commission
containing the following information:
B.
C.
1.
A list of specific buildings, structures, sites, areas or lands of importance or value located within the
proposed district boundaries and a description of the particular importance or value of each such
building, structure, site, area or land;
2.
A map showing the boundaries of the proposed historic district drawn to a scale of one (1) inch
equals two hundred (200) feet, and the location of each structure of importance or value identified by
a number or letter designation.
3.
Sufficient photographs of each building, structure, site, area or land of importance or vale showing the
condition, color, size and architectural detail of each, and where possible:
a.
Date of construction;
b.
Builder or architect;
c.
Chain of uses and ownership;
d.
Architectural style;
e.
Materials;
f.
Construction technique;
g.
Recognition by state or national government as architecturally or historically significant, if so
designated.
Application for establishment of an historic district on the basis of cultural or archeological importance or
value shall be accompanied by a report containing the following information:
1.
A map showing the boundaries of the proposed district drawn to a scale of one (1) inch equals two
hundred (200) feet;
2.
A description of the cultural or archeological importance or value of the building, structure, site, area
or land being proposed for historic designation; and
3.
Any evidence which would show recognition by either the state and/or the national government.
Applications to increase the boundaries of an historic district may be made in one (1) or more of the
following conditions are met:
1.
When buildings, structures, sites, areas or lands of importance or value related to the district are
requested for inclusion;
2.
When facts previously undisclosed to or unknown by the landmark commission are revealed which
indicate that a particular building or site is possessed of special architectural, archeological, cultural or
historical importance or value.
D. Applications to reduce the boundaries of an historic district may be made when one (1) or more of the
following conditions have been met:
1.
When it can be shown that a particular building, site, area or land has no historic, architectural,
archeological or cultural importance or value to the viability of the district;
2.
When exclusion of buildings, structures, sites, areas or lands is necessary for major new development
that would support either the architectural, historical, archeological or cultural character or economic
viability of the district;
3.
When it can be shown that no degradation of the district, either physical, historical, architectural,
archeological or cultural, will result from exclusion of property from the district.
7-33
Subchapter 7
Development Code
E.
Application for inclusion or exclusion may be made when either continued exclusion or inclusion of
property within the district would render it an economic hardship for reasonable continuation in its
present exterior form. In order to establish such economic hardship, the owner must show that no
reasonable alternative use exists which allows the exterior of the building to remain in its original style. In
evaluating economic return, the commission may request the owner to document the value, rents, returns,
tax burden and/or contracts pertaining to the property.
35.7.8.5
Criteria for designation of historic districts.
In evaluating applications for historic districts, the historic landmark commission shall consider Section 35.7.6.5 and
Section 35.7.6.13. If the landmark commission recommends the establishment of an historic district, it shall cause to be
prepared an historic district designation ordinance which shall contain, but not be limited to, the following:
A. A statement of purpose setting forth the commission’s reasons for recommending designation of the
district;
B. A legal description of the boundaries of the district;
C. Maps, charts and photographs of the buildings, structures, sites, areas or lands located within the district;
D. Findings that support the criteria required in Sections 35.7.6.5 and 35.7.6.13, if applicable, that establishes
the particular importance or value of the district;
E. Recommendations for the protection and preservation of the district referred to as the district preservation
plan.
35.7.8.6
District preservation plan.
The district preservation plan for the protection and preservation of the historic district shall include but shall not be
limited to the following:
A. Zoning classification of uses. The historic landmark commission may examine the uses existing within
the district in terms of their individual and continued effect upon the character, safety, economic and
physical impact of the district and may recommend such changes in zoning, height and area regulations.
B. Building code requirements. The commission may review and recommend any amendments to the
building regulations it feels necessary to preserve the architectural and historic integrity and authenticity of
structures within each such district.
C. Sign regulations. The commission may review the provisions of the sign regulations that are permissible
within each such district and recommend such alterations in size, location, type and construction they feel
appropriate. In preparing such recommendations, the commission shall consider existing signs as well as
criteria for future signs. If an existing sign is deemed to have a negative impact on the character of the
district, the commission may recommend a method of removal or improvement of such sign, reviewing
such sign changes with owners or tenants prior to such recommendation.
D. Parking regulations. The commission may review the parking regulations in existence in the district and
recommend any changes in numbers or location of on-street and off-street parking requirements it feels
necessary to enhance the district. It shall review the adequacy of parking facilities in or affecting the district
and may offer recommendations for such public and/or private parking lots, garages or structures it deems
to be in the best overall interest of the district.
E. Architectural regulations. As a guide for those seeking a certificate of appropriateness pursuant to
Section 35.7.6.9, the historic landmark commission may, in conformance with the applicable zoning
classification, height, and area limitation and in keeping with the significant architectural, historical
archeological or cultural elements of each such district, recommend regulations affecting the exterior of
the building, including but not limited to the following:
7-34
1.
Acceptable material for new construction such as stucco, masonry, metal and glass curtain;
2.
Appropriate architectural character, scale and detail for new construction;
Subchapter 7
Development Code
F.
3.
Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and
dormers;
4.
Acceptable textures and ornamentation such as paint colors and types, use of wood, stone, metal,
plaster, plastics and other manmade materials, use of shutters, wrought and cast iron, finishes of
metal, colors of glass, such as silver, gold, bronze, smoke, and other details or architectural
ornamentation;
5.
Acceptable accessories on new or existing structures such as light fixtures, gaslights, canopies, exterior
carpentry, tile or wood, banners, flags and projections; and
6.
For those properties which are sites, areas, lands, buildings, structures or vacant lots which are not of
historical, architectural, archeological or cultural importance or value, development or redevelopment
may be at the owner’s discretion as long as there is no variance from this historic district preservation
plan as to materials, scale and detail, appurtenances, textures, ornamentation and accessories and the
owner complies with existing regulations. In these instances, no review by the landmark commission
would be required, and no certificate of appropriateness would apply.
Transit and traffic operations. The commission may review the transit and traffic operations in and
through the district and provide recommendations to the urban transportation department and city council
on routes, schedules, one-way and two-way street patterns, park and rides, shuttle services, and pedestrian
facilities that will enhance and preserve the character of the district.
G. Public improvements. The landmark commission may recommend to the city council acceptable public
architectural and engineering designs including street lighting, street furniture, signs, landscaping, utility
facilities such as electric poles and wires, telephone lines; design textures of sidewalks and streets such as
brick, stone and tile, and such other elements as deemed necessary for enhancement and preservation of
the district.
35.7.8.7
Administrative requirements of landmark commission.
A. When the historic landmark commission considers an area as a possible historic district, it shall, prior to
rendering its final recommendation and report, submit its report, including the district preservation plan or
any proposed ordinance amendments, to all city departments, boards and commissions and other public
agencies directly affected.
B. In addition, it shall prior to rendering its final recommendation make the plan available to the landowners
in the proposed district. If the area under consideration has established an historic district committee, the
commission may include the comments of such committee in its final report. If appropriate and desired,
the commission should recommend that the city council adopt the restrictions to ensure that future public
investment complies with the term of the district.
C. Commission-approved medallions for designated structures within the district shall be prepared and,
subject to the approval of the owners, may be affixed to the “H” designated structures.
7-35
Subchapter 7
Development Code
35.7.9
Oak-Hickory Historic District
35.7.9.1
Purpose
The purpose of this subsection is to ensure the protection and preservation of the Oak-Hickory Historic District by
providing regulations for the use, construction, alteration, repair, improvement and alteration of buildings, structures,
properties and sites within the district.
35.7.9.2
Definitions
The following words, terms 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 Oak-Hickory Historic District as established by and described in Ordinance
No. 87-224, as amended which is on file in the office of the city secretary.
35.7.9.3
Applicability; conflicts with other provisions
A. Other regulations applicable to the Oak-Hickory 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.
35.7.9.4
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 Oak-Hickory 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 façade 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.
C. 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.
35.7.9.5
Architectural Requirements
Architectural requirements in the Oak-Hickory Historic District shall be as follows:
A. Main building. Main buildings must be compatible in scale with structures existing in the district.
7-36
Subchapter 7
Development Code
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
façade 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.
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:
6.
I.
J.
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.
Stain. The use and color of stain must be typical of the style and period of the structure.
Façade materials.
1.
Generally. The only permitted façade materials are brick, wood siding, wood, stone, and stucco. All
façade 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.
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.
Façade openings. Porches must not obscure or conceal any façade openings in the main buildings.
4.
Floor coverings. Carpeting is not permitted as a porch floor or step covering.
7-37
Subchapter 7
Development Code
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.
L.
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.
Windows and doors.
1.
Front façade 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 façade 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 façade 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.
35.7.9.6
Fences.
Fences in the Oak-Hickory 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.
7-38
Subchapter 7
Development 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.
35.7.9.7
Signs.
All signs located within the Oak-Hickory Historic District shall be subject to the provisions of Subchapter 35.15 of this
Code, except as modified as follows:
A. Signs permitted. Stake and wall signs are permitted. Ground, roof, projecting, portable, and off-premises
signs are prohibited, except for wind device signs used as ground or projecting signs as specifically
permitted in this section.
B. 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.
C. 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.
D. 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.
E. 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.
35.7.9.8
Parking.
The provisions of Subchapter 35.14 of this Code shall apply to the Oak-Hickory 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 nonresidential 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.
7-39
Subchapter 7
Development Code
35.7.10
Bell Avenue Historic Conservation District
35.7.10.1 Purpose
The purpose of establishing the Bell Avenue Historic Conservation District is to:
A.
Safeguard the heritage of the City of Denton by preserving the Bell Avenue area of the city which contain
landmarks, buildings, and/or sites which reflect elements of the city’s cultural, social, economic, political or
architectural or archeological history;
B. Stabilize and improve property values;
C. Ensure compatibility of new construction and structural alterations with the existing scale and
characteristics of surrounding properties;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Identify and promote the use of historic resources for the education, pleasure, and welfare of citizens of
the City of Denton.
35.7.10.2 Definitions
The following words, terms and phrases, when used in this Subchapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
HPO: The Historic Preservation Officer for the City of Denton (HPO).
Landmark: Any building, structure, site, district, area or land of architectural, historic, archeological or cultural
importance or value which the city council determines shall be protected, enhanced and preserved in the interest of the
culture, prosperity, education and general welfare of the people.
Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission).
Site: The location of a significant event, a prehistoric or historic occupation or activity, which may include open spaces,
or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or
architectural value regardless of the value of any existing structure.
35.7.10.3 Application of Regulations
A. It shall be unlawful for any person to do, or 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 Landmark Commission.
1.
Constructing a new building or making an addition to an existing building.
2.
Reconstructing, altering, changing, or restoring the exterior façade of any existing building.
3.
Placing or locating any building.
4.
Performing any act for which a certificate of appropriateness is required by this Subchapter.
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 Subchapter, shall be submitted to the HPO, prior to the beginning of the work, for his/her
determination of whether the improvement would be visible from a public street.
C. Other regulations applicable to the District as contained in part of the Code of Ordinances shall continue
to apply to the District, except as specifically modified herein.
D. If any provision of this Subchapter conflicts with any other provision of the Code of Ordinances, the
provisions of this Subchapter shall govern and control.
E. Where any provision of this Subchapter modifies any provision of any other ordinance applicable to the
District, the words used herein shall have the meaning defined in the provisions of the ordinance
modified, unless the definition is otherwise provided herein.
7-40
Subchapter 7
Development Code
35.7.10.4 Approval Procedures
A. The requirements and procedures for certificate of appropriateness shall be the same as those provided for
in Subchapter 35.7.7.9 of the Code of Ordinances.
35.7.10.5 Architectural Regulations
Architectural requirements in the Bell Avenue Conservation 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,
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. 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.
E.
Color. Colors of all structures must be complementary to each other and the overall character of the main
building.
F.
Façade Materials. The only permitted façade materials will be brick, wood siding, wood, stone and stucco.
Artificial facsimiles of these materials will have to be considered on a case by case basis.
G. Historic architectural elements of the façade are to be preserved if they are still historically accurate at the
time of the creation of the district.
H. Roof Material and Colors. Rood materials and colors must complement the style and overall scheme of
the structure.
35.7.10.6 Existing Construction
A. Repairs shall be made in a manner that preserves or prolongs the structural integrity of the character
defining features of a property. Repairs shall be executed in a manner consistent with the design guidelines
established by each individual historic district.
B.
Repairs to structures that are deemed not to contribute to the character defining features of the district
will not have to comply with the design guidelines as long as the repairs are consistent with current
architecture of the structures.
35.7.10.7 Alterations to Existing Construction
A. Exterior structural alterations along the street frontage of historic buildings or structures should be
avoided and shall be kept to a minimum.
B.
Design for structural alterations to existing buildings or structures in the historic conservation district shall
conform to the design guidelines established by each individual historic conservation district. The design
shall be compatible with the character-defining feature of the majority of the surrounding properties and
exhibit similar size, massing and scale as nearby contributing buildings or structures.
C.
The design guidelines will not apply to structures that are deemed not to contribute to the character
defining features of the district as long as the alterations match the existing exterior structure.
35.7.10.8 New Construction; Structural Enlargement or Reduction
A. When new buildings or structures are proposed within the Bell Avenue Historic Conservation District,
their design shall be compatible with the historic, cultural, or architectural character of the area. The
design shall promote the existing spatial and visual qualities in the historic conservation district, including
height and scale of buildings or structures, orientation, set back, spacing, site coverage, and exterior
features.
7-41
Subchapter 7
Development Code
B.
Design for new construction shall conform to the design guidelines established by each individual historic
conservation district and a certificate of appropriateness shall be required under the same process as in
Subchapter 35.7.7.9.
C.
This section shall not apply to new construction to replace a building that was deemed not to contribute
to the character defining features of the district. The new construction must match the height, scale,
orientation, set back, spacing, site coverage, and exterior features of the building which it is replacing.
New construction must meet the provisions of subsections A and B herein if a building permit is not
applied for within six months and construction does not begin within 12 months of the damage, or
destruction of the structure.
35.7.10.9 Design Guidelines
Design guidelines are attached as Appendix A of this Subchapter. The design guidelines are to help guide the HLC,
residents and developers in determining conformity with the conservation of the historic and architectural heritage of
the Bell Avenue Conservation District.
7-42
Subchapter 7
Development Code
Appendix A Bell Avenue Conservation District Design Guidelines
Appendix A.1
Bell Avenue Conservation District Overlay Map
7-43
Subchapter 7
Development Code
Appendix A.2 Bell Avenue Conservation District Design Guidelines
Like Historic Districts, Conservation District status is a form of overlay zoning which adds a level of protection to
selected neighborhoods. These guidelines will help to ensure sensible and harmonious design in terms of massing,
fenestration and scale for cases involving new construction or developments that include infill construction within
established neighborhoods. In terms of proposed exterior rehabilitation or maintenance of existing structures, the
guidelines will provide property owners with solutions that respect the traditional design and intention of the built and
natural environments.
In addition to these guidelines, development is also subject to the requirements in the Denton Development Code as
they relate to building height, lot size, setbacks and parking.
The Bell Avenue Conservation District consists of the area facing Bell Avenue between University Drive (Highway 380)
and Sherman Drive (FM 428). The purpose of these guidelines is to prevent the loss of the District's historic buildings,
and to serve as a guide for rehabilitation of existing buildings, construction of new buildings, and additions and
relocation of buildings so as to preserve the historic and cultural character and the visual identity of the District.
Appendix A.3 Existing Buildings / Streetscapes
A. Façade Treatments
1.
Materials
a.
b.
2.
7-44
Original Materials
i
Brick or stone that was originally unpainted should remain so, since irreversible damage can
result from attempts to remove paint by methods such as sandblasting. Painting or covering
original brick or stone is discouraged.
ii
Retain significant character defining wooden or metal façade elements. Examples include
cornice brackets, gingerbread, decorative trim elements, ornamental barge/fascia board, and
soffit.
Maintenance
i
The United States Department of the Interior’s publication, Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings indicates that light detergents and water are
the only acceptable methods for cleaning masonry. However, certain chemical stripping
agents are safe to use on masonry surfaces within controlled environments, and are
acceptable to use. Upon request, the Texas Historic Commission (512-463-6092) or the City
of Denton Preservation Officer (940-349-8529) can provide details as to these cleaning
agents.
ii
Sandblasting and other methods that utilize harsh abrasives/chemicals, or contents under
high pressure are not permitted.
iii
When repainting masonry, every effort must be made to duplicate the original strength and
color of the original mortar, so as not to damage the brick or stone face due to spalling and
to help the repair blend in with the original work..
Roofs
a.
Existing roofs that are visible from the public right of way should retain their profile as it relates
to shape and slope. Appropriate roof treatments in Conservation Districts include dimensional
shingles, real or synthetic slate shingles or standing seam metal.
b.
Historic systems that are integral to the roof, such as flashing, and leader/conductor boxes, builtin gutters, downspouts or snow guards, should be retained and maintained on a regular basis, as
these types of systems often were crafted of heavy gauge, resilient materials such as copper or
zinc and generally outperform modern materials, as well as retain a patina and contribute to the
appearance of the structure.
Subchapter 7
Development Code
c.
3.
Doors
a.
4.
5.
Buildings that incorporate a sloped roof, such as a gable and/or hipped roof, often feature
decorative elements that should be retained, including but not limited to, roof cresting, ridge caps
and finials.
Replacement doors should be sized to fit in the existing opening. The opening should not be
altered so as to accept either a smaller door (e.g., filling in excess space with material such as
lumber, bricks or cement blocks) or to facilitate a larger door or doors (e.g., knocking out part of
the surrounding wall and reframing the opening).
Windows
a.
Window openings should not be altered to accommodate replacement windows (e.g., "blocking
down" or "blocking in" the opening).
b.
Replacement windows should relate to and be appropriate for the age and architectural style of
the structure.
c.
In situations where original windows remain, every effort should be made to repair such
windows, rather than replace them outright.
d.
Certificate of Appropriateness review will be required for any window repair or change due to
code and safety regulations.
Porches
a.
Character defining details, such as decorative wooden or metal trim, turned wooden or cast iron
columns, sections of the balustrade (e.g., spindles, newel posts and hand/top railings), and
skirting should be retained. Every effort should be made to repair damaged portions of original
materials.
b.
Porch roofs and their original character defining features, such as shed roofs commonly found on
rowhouses or gabled roofs specified on semi-detached twins or detached homes, should be
retained.
c.
Original porch flooring or ceiling materials, such as tongue and groove planks, also known as
center matched strip flooring (also used as a ceiling material), should be preserved and retained
wherever possible, or replaced in kind.
B. Building Materials, Proportion, and Profile
1.
2.
Roofs
a.
For new construction, the principal roofline should be consistent with the adjacent streetscape.
b.
New additions must respect the existing building’s roof profile and, if visible from the primary
street, be in harmony with it in terms of form, texture and color.
c.
Appropriate roofing materials, when visible from the public right of way, should consist of
dimensional shingles, real or artificial slate, wooden shakes or standing seam metal.
Doors
a.
For new construction, principal facades facing the street shall contain an entry door.
i.
3.
For corner properties, either façade facing the street can qualify as ‘primary,’ and thus be
eligible for placement of the entry door.
Porches
a.
Residential new construction should incorporate a front or side porch, if a porch exists on the
immediately adjacent properties within the block face.
7-45
Subchapter 7
Development Code
4.
Paint
a.
5.
Windows
a.
6.
Certain colors prohibited. Fluorescent, metallic colors are not permitted on the exterior of any
structure in the district.
Primary windows should be harmonious with adjacent properties and generally reflect vertical
proportions (e.g., taller than they are wide). Accessory or ornamental windows such as gable
windows, sidelights and transom windows are allowed.
Utilities
a.
Utilities, such as gas and electric meters, should not be placed on or along the primary façade of
new residential or commercial structures, when possible.
b.
Where visibility of utilities is an issue, they should be:
i.
painted so as to blend into the background.
ii.
screened with vegetation so as to minimize the impact on the facade.
iii. placed at or near ground level.
7.
c.
HVAC equipment should be placed on or along the rear facade or rear half of secondary facades
and be screened from view by vegetation or fencing as referenced below.
d.
Cable and satellite television accessories, such as dishes and antennae, should be located on the
rear half of the side facades or rear half of the roof, out of plain view where possible.
Fencing
a.
8.
All matters regarding fencing to be located in the front yard, or front and side yards of a corner
property, shall fall under the jurisdiction of the amended portion of Section 35.13.9 of the City of
Denton Development Code.
Topography
a.
The site for new construction which is within view of the public right of way shall be in harmony
with existing topographical features typical of the neighborhood.
Appendix A.4 Review Process
All exterior changes require a Certificate of Appropriateness (COA) prior to beginning work. The COA should be filed
with the Historic Preservation Officer (HPO). All existing timelines will be followed.
Things that require a COA include:
A.
Constructing a new building or making an addition to an existing building
B.
Reconstructing, altering changing or restoring the exterior façade of an existing building
C.
Placing or relocating a building
D. Removing or demolishing exterior architectural features
E.
Constructing, repairing or erecting a permanent improvement (fence, driveway, etc.)
Any ordinary maintenance or repair shall be submitted on a COA to the HPO prior to the beginning of the work to
determine whether the work jeopardizes the character of the building or district. Examples of routine maintenance
would include:
7-46
A.
Paint
B.
Repairing the structure using like materials (wood with new wood, composition shingles with new
composition shingles, etc.)
C.
Replacing windows or doors with like materials of the same size
Subchapter 7
Development Code
If the HPO determines that the work should be reviewed by the HLC, they will place it on the next agenda and notify
the applicant of the time and date of the public hearing. If the HLC denies the COA, the applicant may appeal their
decision to the Denton City Council.
Appendix A.5 Definitions
Addition: A construction project physically connected to the exterior of building.
Alteration: Any change affecting the exterior appearance of an existing improvement by additions, reconstruction,
remodeling, or maintenance involving changes in form, texture, or materials.
COA: Certificate of Appropriateness; a form which must be filled out and turned in to the Historic Preservation Officer
prior to beginning exterior work on a structure.
Demolition: The act or process of wrecking, destroying, or removing any building or any part thereof. Demolition
includes, but is not limited to, the removal of a building from its site, or the removal or destruction of a façade or
surface.
Design Guidelines: Written criteria, supplemented by graphic illustrations as appropriate, illustrating architectural
considerations, which will affect the granting of building permits within the urban conservation district.
Façade: Any of the exterior faces of a building.
HLC: The City of Denton Historic Landmark Commission.
HPO: The City of Denton Historic Preservation Officer.
Improvement: Any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign,
work of art, earthworks, or other man-made objects constituting a physical betterment of real property, or any part of
such betterment.
Infill: Descriptive of buildings that have been designed and built to replace missing structures or otherwise fill gaps in
the streetscape. Infill architecture shall be compatible in such elements as height, proportion, and materials.
Ordinary Maintenance or Repair: The process of conserving a site, building, structure or object over time to prevent
deterioration as opposed to restoration or rehabilitation; may include inspection and planning as well as housekeeping,
minor repairs, and painting.
Preservation: The act or process of applying measures to sustain the existing form, integrity, and material of a building
or structure and the existing form and vegetative cover of a site. It may include initial stabilization work where necessary,
as well as ongoing maintenance of the building materials and vegetation.
Primary Façade: The front wall of a building, or the wall in which the principal building entrance is located.
Public Right-of-Way: Any designated public street, sidewalk, or alley.
Rehabilitation: The act or process of making possible a compatible use for a property through repair, alterations, and
additions while preserving those portions or features, which convey its historical, cultural, or architectural values.
Restoration: The act or process of accurately recovering the form, features and character of a property as it appeared at
a particular period of time, which may involve the removal of later additions or alterations, or the replacement of
missing features.
Appendix A.6 Secretary of the Interior’s Standards For Rehabilitation
A. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to
the defining characteristics of the building and its site and environment.
B.
The historic character of a property shall be retained and preserved. The removal of historic materials or
alteration of features and spaces that characterize a property shall be avoided.
C.
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a
false sense of historical development, such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
7-47
Subchapter 7
Development Code
D. Most properties change over time; those changes that have acquired historic significance in their own right
shall be retained and preserved.
E.
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a
historic property shall be preserved.
F.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture,
and other visual qualities and, where possible, materials. Replacement of missing features shall be
substantiated by documentary, physical, or pictorial evidence.
G. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be
used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means
possible.
H. Significant archeological resources affected by a project shall be protected and preserved. If such resources
must be disturbed, mitigation measures shall be undertaken.
I.
New additions, exterior alterations, or related new construction shall not destroy historic materials that
characterize the property. The new work shall be differentiated from the old and shall be compatible with
the massing, size, scale, and architectural features to protect the historic integrity of the property and its
environment.
J.
New additions and adjacent or related new construction shall be undertaken in such a manner that if
removed in the future, the essential form and integrity of the historic property and its environment would
be unimpaired.
Appendix A.7 Prevalent Architectural Styles in the Bell Avenue Historic Conservation District
American Ranch Style
Growing out of the Modern style, but owing as much to the earlier Bungalow, Prairie and Cottage styles, is the muchmaligned American Ranch Style home (1932 to present). The criticism usually comes from a generation that grew up in
suburbs of ranch houses, but who is not yet distant enough in time to look objectively at the fifties styles.
Although some say Ranch Style homes have no style at all, this is not true; there was a very conscious attempt to
emphasize the horizontal and to create an open floor plan. Large ranch homes may sprawl 2000-3000 square feet with
rooms and hallways flowing into one another, and sliding glass doors opening the interior of the house into the back
patio. The formal dining room is more of an extension of the kitchen and living room than a separate room.
The quality of construction in even modest fifties ranch houses is usually better than in houses from the 1970's. The
floors are of oak even when covered with a carpet, the exterior is of solid brick rather than cheap composite siding,
bathroom tile work is common.
7-48
Subchapter 7
Development Code
Ranch style houses have many of these features:

Single story

Low pitched gable roof

Deep-set eaves

Horizontal, rambling layout: Long, narrow, and low to the ground

Rectangular, L-shaped, or U-shaped design

Asymmetrical

Large windows: double-hung, sliding, and picture

Sliding glass doors leading out to patio

Attached garage

Simple floor plans

Emphasis on openness (few interior walls) and efficient use of space

Built from natural materials: Oak floors, wood or brick exterior

Lack decorative detailing, aside from decorative shutters and porch-roof supports
Craftsman Bungalow
The Craftsman Bungalow (1905-1930) is an all American housing style, but it has its spiritual roots in India. Native
houses in the province of Bengal were called bangla or bangala. British colonists adapted these one-story thatch-roofed
huts to use as summer homes. For their comfortable bangla, the British arranged dining rooms, bedrooms, kitchens, and
bathrooms around central living rooms. This efficient floor plan became the prototype for America's Craftsman
Bungalows.
The first American house to be called a bungalow was designed in 1879 by William Gibbons Preston. Two California
architects, Charles Sumner Greene and Henry Mather Greene, are often credited with inspiring America to build simple
one-and-a-half story bungalows. Homes designed by the Greenes were publicized in magazines, and a flood of pattern
books followed.
Architectural purists say that true Bungalows represent structural simplicity, efficient use of space, and understated style.
Most of the living area is placed on the ground floor. Seventy-five years after Bungalows took America by storm, the
style remains a popular favorite. These comfortable and elegant little houses are prevalent in the Bell Avenue area.
7-49
Subchapter 7
Development Code
Craftsman style bungalows usually have these features:

Low-pitched roof

Wide eaves with exposed roof rafters

Decorative braces

Porch with square columns

One or one and a half stories

Built-in cabinets, shelves, and seating
Many Craftsman bungalows also have:

Stone chimneys

Gabled dormers

Sloping foundation
Colonial Revival
Colonial Revival became a popular American house style after it appeared at the 1876 the US Centennial Exposition.
Reflecting American patriotism and a desire for simplicity, the Colonial Revival house style remained popular until the
mid-1950s. Between World War I and II, Colonial Revival was the most popular historic revival house style in the
United States.
Some architectural historians say that Colonial Revival is a Victorian style; others believe that the Colonial Revival style
marked the end of the Victorian period in architecture. The Colonial Revival style is based loosely on Federal and
Georgian house styles, and a clear reaction against excessively elaborate Victorian Queen Anne architecture. Eventually,
the simple, symmetrical Colonial Revival style became incorporated into the Foursquare and Bungalow house styles of
the early 20th century.
Colonial Revival houses have many of these features:
7-50

Symmetrical façade

Rectangular

2 to 3 stories

Gable roof

Overhanging upper story

Pillars and columns

Multi-pane, double-hung windows with shutters

Dormers
Subchapter 7
Development Code

Temple-like entrance: porticos topped by pediment

Paneled doors with sidelights and topped with rectangular transoms or fanlights

Center entry-hall floor plan

Entertaining rooms on first floor and bedrooms on upper floors

Fireplaces

Made of brick or wood

Simple, classical detailing
Subtypes of the Colonial Revival House Style
Dutch Colonial

Two-story house made of clapboard or shingles with a gambrel roof, flared eaves, and a side-entry floor
plan.
Spanish Colonial Revival

Low-pitched ceramic tile roof, stucco walls, eaves with little or no overhang, wrought iron, and windows
and doorways with round arches.
7-51
Subchapter 7
Development Code
35.7.11
Unicorn Lake Overlay District
35.7.11.1 Purpose
The purpose of establishing the Unicorn Lake Overlay District is to:
A. Stabilize and improve property values;
B. Ensure compatibility of new construction with the existing scale and characteristics of surrounding
properties; and
C. Balance the economic development goals and the environmental goals of the City.
35.7.11.2
Application of Regulations
A. The regulations applicable to the NRMU-12 zoning district shall apply, except as specifically modified
herein.
B. If any provision of this Section 35.7.8 conflicts with any other provision of the Code of Ordinances, the
provisions of this Section 35.7.8 shall govern and control.
C. Where any provision of this Section 35.7.8 modifies any provision of any other applicable ordinance, the
words used herein shall have the meaning defined in the provisions of the ordinance modified, unless the
definition is otherwise provided herein.
35.7.11.3
Development Standards
The City rules and regulations applicable to the development of property located within an NRMU-12 zoning district are
applicable to the Unicorn Lake Overlay District with the following exceptions:
A. Private Streets and Utilities.
1. A private street system with gated access may be constructed to serve the Property. Clubhouse Drive
shall be a public street. Prior to the recordation of any final plat allowing the construction of such a
private street system, deed restrictions for the Property must be recorded in the deed records of
Denton County containing provisions in substantially the same form as the following provisions of
Exhibit C attached hereto and made a part hereof by reference: (a) Article II (and related definitional
provisions); (b) Section 4.10; (c) the provisions of Section 6.02 requiring that liability insurance be
obtained in an amount approved by the City, and naming the City as an additional insured; (d) the
provisions of Section 10.03 precluding amendment (without City consent) of any of the provisions
which specifically require City consent to an amendment; and (e) Section 10.12.
2.
Except as otherwise provided by this ordinance, private streets and sidewalks must be designed and
constructed according to public street standards.
3.
Discontinuity with other existing or future neighborhoods is unavoidable due to adjacent conditions
and constraints including a) an existing subdivision to the west of the Property that does not have
street stubs to connect to, b) flood plain and lake areas to the east of the Property, which present a
significant physical barrier, and c) State School property to the south of the Property that does not,
and likely will never, provide street connection points to the Property. The proposed ingress and
egress for the Property consists of two streets directly connecting to a collector roadway (Clubhouse
Drive), which provide adequate ingress and egress for a development of 106 single-family lots. When
developed for single-family uses, the Property will have fewer units than allowed under the prior
zoning, thus mitigating any concern regarding the number of ingress and egress points associated with
the Property. If the Property is developed with any uses other than detached single-family uses, the
adequacy findings of this paragraph shall not apply.
4.
Notwithstanding any other provision to the contrary in the Denton Development Code or City of
Denton criteria manuals, the following requirements apply to private streets:
a.
7-52
The maximum street grade for Clubhouse Drive shall be eight percent (8%).
Subchapter 7
Development Code
b.
The maximum street grade within sixty feet (60') of an intersection shall be eight percent (8%).
c.
No traffic calming features are required.
d.
Cul-de-sacs may be a maximum of three hundred feet (300') in length. Cul-de-sacs must have a
minimum radius of fifty feet (50').
e.
Barrier free ramps are required only at intersection curb returns.
f.
In the event any of the transportation provisions above fall below any applicable City standards,
the minimum standards set by ASHTO shall apply. For purposes of applying ASHTO standards,
Clubhouse Drive shall be considered an urban collector.
g.
All private streets shall have a total minimum right-of-way of fifty feet (50').
5.
All water and sewer lines that serve the Property shall be publicly owned and maintained.
6.
All water and sewer lines shall be designed and built according to City standards.
7.
A Public Utility Easement or other adequate water and sewer easement shall be dedicated to the City
of Denton for all water and sewer lines.
8.
Utilities may be located within a public utility easement or other adequate water and sewer easement
dedicated to the City of Denton as shown on Exhibit D attached hereto and made a part hereof by
reference. The City is not responsible for repairing damage to private streets resulting from City
repairs to utilities located underneath the street paving. However, if the City makes such repairs, the
City shall first give the Home Owners Association the option of paying to upgrade the repair work
so that the streets are repaired to City standards.
B. Permitted Uses. The following uses are permitted: (I) a maximum of 112 single family dwelling units, and
any accessory uses thereto including an amenity center; (2) gas wells, including drilling operations and uses
accessory to gas wells; and (3) offices not to exceed a total of 8,000 square feet, and any accessory uses
thereto. Permitted uses are restricted to the areas shown on Exhibit B.
C. Minimum Lot Size. The minimum lot size shall be 5,000 square feet for single-family uses. The
minimum residential lot size requirements in Section 35.12.6 do not apply.
D. Minimum House Size. All single-family homes must contain a minimum of 2,500 square feet under
roof, excluding covered patios and porches.
E. Minimum Yard Abutting a Sinde-Familv Use or District. The minimum yard when abutting a singlefamily use or district shall be ten feet (10') plus one foot (I') for each foot of building height above twenty
feet (20').
F.
Minimum Side Yard. The minimum side yard for single family uses shall be five feet (5').
G. Maximum Lot Coverage. There is no maximum lot coverage requirement for single family uses.
H. Minimum Landscape Area for Single-Family Uses. The minimum landscaped area on a single-family
lot shall be fifteen percent (15%).
I.
Pedestrian Access. Section 35.13.10.A.2 does not apply.
J.
Design Standards for Single-Family Uses. In lieu of complying with Section 35.13.13.1, all residential
buildings shall comply with the following standards:
1.
Each single family dwelling shall be constructed utilizing at least three of the following design
features:
a. Dormers.
b. Gables.
c. Recessed entries, a minimum of three feet (3') deep.
d. Covered front porches.
e. Cupolas.
7-53
Subchapter 7
Development Code
f.
g.
h.
i.
j.
k.
l.
Architectural pillars or posts.
Bay window, a minimum 24" projection.
Clay tile, slate, copper, or high definition composition roofing materials.
Fireplace chimneys matching exterior finish of home.
Windows and doors made of wood, metal clad or metal with bronze anodized finish.
Decorative wrought iron or wood railings as extensions of the architecture of the home.
Trim and accent colors that are dark, rich earth tones that come from stains and refined woods,
medium browns, or medium to dark greens.
m. 4:12 to 12:12 single pitch roofs or double pitch roofs up to 12:12, with shed roofs used only as
secondary elements.
n. Minimum ten foot (10') first floor wall height and minimum nine foot (9') second floor wall
height.
2.
No garage door shall occupy more than 40% of the total building frontage, unless the garage door is
on a front facing garage located at least 30 feet behind the front of the house. This requirement does
not apply to garages facing an alley or courtyard entrance.
3.
No garage may extend beyond the front of the house, except side load or J-swing garages.
4.
No elevation may be repeated more frequently than every fifth lot on the same side of the street. No
elevation may be repeated on the lot directly across the street or next door to the lot directly across
the street.
5.
Primary entrances shall face the private street and sidewalk.
6.
Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior
wall treatment.
7.
Exterior finishes shall consist of one of the following materials, or any combination thereof: local
stone, brick, plaster with stone, or wood. No more than three materials shall be used for the exterior
finish of a single dwelling unit.
K. Parking Behind Buildings. Section 35.13.13.3.A.8 does not apply.
L.
Tree Preservation. The tree preservation requirements in Section 35.13.7 do not apply.
M. Buffer. A buffer that is a minimum of fifty feet in width, in the location shown on Exhibit E, must be
provided. Alterations to the required buffer area are prohibited except as necessary to do the following: (1)
accommodate drainage flows from adjacent and upstream property and meet all applicable City drainage
requirements; (2) construct a fence or wall along the boundary of the Property; (3) install a retaining wall
along the east line of the buffer, if necessary; and (4) remove dangerous, diseased, or dead trees from the
buffer. The only machinery that may be used in the required buffer to do the work described in the
preceding sentence is machinery that is reasonably necessary and appropriate to the scope of work being
performed.
N. Clubhouse Drive. No additional lanes are required on Clubhouse Drive to serve single family
development, whether an additional lane is for the purpose of providing a turn lane or bus lane or for any
other purpose.
7-54
Subchapter 7
Development Code
35.7.12
Master Planned Community (MPC) District
35.7.12.1 Purpose
The Master Planned Community (MPC) District is intended to accommodate large-scale, unified, comprehensively
planned development that conforms with and enhances the goals and policies contained within the Denton Plan. This
district is intended to provide an alternative zoning district and development process to accommodate substantial
development for residential, commercial, professional, recreational, industrial or other activities, including combinations
of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional
zoning districts so that the following goals may be achieved:
A. To enhance the City’s development and to promote the public health, safety, and general welfare.
B. To provide within such areas a combination of land uses, which may include a variety of residential types,
commercial, industrial, public and semi-public areas, arranged and designed in accordance with sound site
planning principles and development techniques; and in such a manner as to be properly related to each
other, the immediate surrounding area, the planned mobility system, and other public facilities such as
water and sewer systems, parks, schools and utilities.
C. To encourage a more creative approach in the utilization of land in order to accomplish an efficient,
aesthetic, and desirable development which may be characterized by special features of the geography,
topography, size or shape of a particular property and to accomplish a more economical and efficient use
of land.
D. To encourage the establishment of planning and development standards and criteria tailored to the
opportunities and constraints of the property while allowing sufficient flexibility to permit final detailed
planning and the precise distribution of the approved density and intensity of the project at the time of
plat application or site plan submittal.
E. To provide assurance to the land developer and to the city that the proposed development may be planned
and carried out in one or more phases over an extended period of time, in accordance with an approved
MPC Zoning Document and MPC Development Standards Document.
F.
35.7.12.2
To assure that a Master Planned Community is developed in accordance with a MPC Zoning Document.
The MPC Zoning Document shall be designed to further the goals established by the Denton Plan,
provide development standards promoting an appropriate balance of land uses and design, and promote
the planning of public facilities designed to serve the projected population.
General Provisions
A. Furtherance of the Denton Plan. The content of the MPC district shall further the goals of the Denton
Plan.
B. Location of MPC District. MPC districts may be established on parcels of land, which, because of their
ownership, size, topography, or exceptional or unusual locations, are suitable for planned development in a
manner consistent with the purposes of this section.
C. Minimum MPC District Area.
1. The minimum area required for a Master Planned Community district is three hundred (300)
contiguous acres or 125 contiguous acres held under single ownership at the time of application
submittal for land areas shown on Exhibit A.
2.
Areas within rights-of way may be included in the computation of the minimum three hundred (300)
acres and the 125 acres.
7-55
Subchapter 7
Development Code
D. Zoning and Development Standards. The zoning standards such as use, density, lot coverage, building
height and the like shall be addressed in the MPC Zoning Document. The design and public improvement
standards such as architectural standards, buffers, parking location, street length, and the like shall be
addressed in the MPC Development Standards Document. The Development Standards to be required
may represent the entirety of the standards in the Denton Development Code, or a portion thereof. The
Development Review Committee (DRC), Planning and Zoning Commission or the City Council may
require applicant to submit the MPC Zoning Document and the MPC Development Standards Document
as one concurrent submittal, when any of those bodies finds that the health, safety or public welfare of the
residents of the City of Denton are compromised without such a concurrent submittal. The DRC,
Planning and Zoning Commission and the City Council shall consider the MPC Zoning Document and
the MPC Development Standards Document as one case and at the same time. The applicant may appeal
the Committee’s decision to the Commission and the Commission’s decision to the City Council.
1.
The proposed MPC District shall comply with the Denton Development Code, except where
modifications are expressly authorized through the MPC Zoning Document, the MPC Development
Standards Document and in the MPC Development Plan Map.
2.
The proposed MPC District shall comply with the design standards and subdivision regulations
(Subchapters 13, 14, and 16 – 22 of the Denton Development Code) and other adopted policies,
codes and ordinances of general applicability, except where modifications are expressly authorized
through an approved MPC Zoning Document, the MPC Development Standards Document and the
MPC Development Plan Map.
3.
Specific Use Permit. Any use may be established as a specific use in any specific development unit
within a proposed MPC district, provided such use shall be specifically incorporated as a specific use
subject to the provisions of Section 35.6, and shall be located and conducted in accordance with the
approved Development Plan, and other applicable regulations. A separate Specific Use Permit is
therefore not required if the specific use is so incorporated into the Development Plan. If a
subsequent development application proposes a use that is not contemplated by the MPC
Development Plan or the Zoning Document, then applicant may seek to amend the MPC Zoning
Document or apply for a special use permit.
4.
Alternative Development Plan. The proposed MPC District may incorporate standards for
development in its MPC Development Standards Document that would otherwise be processed as an
Alternative Development Plan for ESA, for Tree Preservation, or for other deviations from Chapter
13 of the Denton Development Code. A separate Alternative Development Plan is therefore not
required if such standards are so incorporated into the Development Plan. If a subsequent
development application proposes a development standard that is not contemplated by the MPC
Development Plan or the Development Standards Document, then applicant may seek to amend the
MPC Development Standards Document or apply for an Alternative Development Plan.
35.7.12.3 Application Requirements
The MPC Zoning Document (including Development Plan Map) and the MPC Development Standards Document
shall, as approved by the City Council, become a part of the applicable development regulations in the Denton
Development Code within the respective MPC District. Subsequent changes to the MPC documents and map shall be
made in accordance with Section 35.3.4 with the exceptions set forth in Section 35.7.12.8 (minor amendments).
A. The application shall describe the purpose, nature and characteristics of the proposed MPC district
including, but not limited to, the proposed development unit use or uses to be conducted in the district in
a manner sufficient to enable preparation and consideration of regulations governing permitted and
specific uses, site use and other development regulations which may be appropriate to govern
development, use, and maintenance of the sites included within the MPC district. The application may be
in three stages as set forth below:
7-56
Subchapter 7
Development Code
1.
Conceptual/Schematic Phase: A conceptual/schematic plan submittal to be reviewed by the
Development Review Committee prior to the submittal of MPC Zoning Document and MPC
Development Standards Document. The MPC Concept Schematic is designed to aid the Developer
and the City in preparing a complete MPC Zoning Document and MPC Development Standards
Document application. The MPC Concept Schematic may be referred by the Chair of the DRC to
the Planning and Zoning Commission and/or the City Council for review and comment but typically,
these are reviewed and approved by the DRC.
2.
MPC Zoning Document. An application and development plan to be reviewed by the
Development Review Committee and Planning and Zoning Commission, whose recommendations
are forwarded to the City Council for review and approval. The MPC Zoning Document establishes
zoning - standards for a Master Planned Community and typically addresses land uses, densities,
setbacks, building heights, lot coverage and specifically identifies where there are deviations from the
adopted Denton Development Code. The MPC Zoning Document shall include a Development
Plan Map.
3.
MPC Development Standards Document. A detailed set of development standards that are
reviewed by the Development Review Committee and recommended for approval by the
Development Review Committee Chair, the Planning and Zoning Commission and approved by the
Denton City Council. The MPC Development Standards Document sets forth the developers
proposal for and confirms compliance with the Denton Development Code Chapters 13, through 22
and/or identifies the alternative development standards associated with the content of each of those
Chapters of the Development Code. An application for an MPC Development Standards Document
may be submitted for approval concurrently with the MPC Zoning Document and shall be required
to be submitted with the MPC Zoning Document when meeting the conditions set forth in
35.7.12.2.D.
B. All MPC applications, [Conceptual Schematic, Zoning Document (including the Development Plan map),
and the Development Standards Document] shall contain the information set forth in the City of Denton
Criteria Manual.
C. Where the applicant is proposing deviations from the zoning provisions of the Denton Development
Code, applicant shall specify both the existing regulations and the wording of each corresponding
substitution, as proposed. The proposed MPC district shall represent a quality development when
weighed overall against the standards in the Denton Development Code or the alternative regulations
proposed by the applicant.
1.
Development Standards
a. Maximum gross density
b. Minimum lot area
c. Minimum lot width and frontage
d. Minimum lot depth
e. Minimum yards and building setbacks: Front (include arterials, collector, and local); side yard
(include arterial, corners, and accessory structures) and rear yards
f. Maximum building height (include primary and accessory structures)
g. Parking and loading
h. Land uses allowed in each area listed in a land use schedule. This should include the following:
permitted uses, uses by right, uses by special use permit, accessory uses, temporary uses and
outdoor operation uses (including walk ups and drive throughs for all uses)
i. Proposed parks, open areas, trails and school sites (if applicable).
2.
A Cost Impact Analysis of the proposed public facilities and infrastructure, prepared by a competent
person or firm with experience in the preparation of such studies. The study shall provide the specific
detailed accounting of the financing structure for the development of required facilities for parks, law
7-57
Subchapter 7
Development Code
enforcement, fire protection, public services, municipal government, and other necessary
governmental services. The purpose of such a study is to provide the base line development data and
costs that will assist the city and the developer in discussions concerning the provision and timing of
utilities.
3.
Phasing Schedule. The following schedule submitted with the application for a MPC District shall
including a schedule indicating, to the best of the applicant’s knowledge, the approximate timeframe
in which construction or development is expected to begin, the duration of time required for
completion of the development; and proposed phasing if the project will not be developed as one (1)
unit, including a plan for the interim use and management of the undeveloped phase or phases.
Phasing shall reflect that multi-family development shall follow other land uses in the phasing; multifamily housing shall not be the first land use or the primary land use in any phase or unit of the
proposed development.
4.
Review of phasing schedule: In cases where the build out schedule of the proposed project
exceeds five (5) years, the detail for phases proposed for building beyond five years can be less than
the detail provided for phases to be constructed in the first five years. For all phases proposed to be
constructed five or more years hence, then a five (5) year, ten (10) year, and fifteen (15) year review by
the Council and the Planning and Zoning Commission shall take place on the Development Plan
Map, the infrastructure studies as well the MPC Development Standards Document. The Council
may establish a review cycle for the project based on the complexity of the proposed project the
length of the build out time and the types and costs of public infrastructure requirements. The
outcome of the reviews set forth above may include an initiation by the Council of a major or a minor
amendment to the approved MPC Zoning Document (including the Development Plan Map) and/or
the Development Standards Document, and/or an initiation of rezoning.
D. Development Standards Document. The MPC Development Standard Document shall include the
following:
1.
Design standards that will govern the orientation and design of buildings and other improvements,
which include but are not limited to the following:
a.
b.
c.
d.
e.
f.
g.
2.
7-58
Architecture, including design standards and building materials for buildings, fences, walls, and
other structures, buffering, fencing, etc. The regulations of Subchapter 13 shall be specified,
referencing both the existing regulations and the wording of each corresponding substitution, as
proposed. The proposed MPC district should represent a quality development when weighed
overall against the standards in the Denton Development Code or the alternative regulations
proposed by the applicant.
Signs
Narrative description and/or graphic plan that details landscape standards for parks, open space
systems, and public-right-of-way. Include general information as to how buffering will be
achieved (i.e. fence, vegetation, berm, wall, etc.).
Street cross-section design, by classification, for all streets.
All existing and proposed provisions for pedestrian circulation including sidewalks, walkways,
crosswalks, trails, pedestrian plazas, and other amenities.
Identification of any alternative pavement treatments, streetscape furniture, art or other amenities
associated with plazas, trails, sidewalks, roadways, etc. if applicable.
Bicycle parking facilities, including specifications.
The following information is required for all proposed deviations from the provisions of Subchapters
16-22 of the Denton Development Code or other applicable regulations. The regulations shall be
specified, referencing both the existing regulations and the wording of each corresponding
substitution, as proposed. The proposed MPC district should represent a quality development when
weighed overall against the standards in the Denton Development Code or the alternative regulations
proposed by the applicant.
Subchapter 7
Development Code
35.7.12.4
Application Procedures
A. The applicant is required to meet with the DRC prior to making an application for a MPC conceptual
schematic to discuss the development concept, the review and approval process, and the submittal
requirements. The applicant is required to make a pre-application with the City prior to filing an
application for such MPC zoning document and for the development standards document, whether filed
separately or together.
B. If the application request requires an amendment of the Denton Plan, the applicant shall submit an
application to amend the Denton Plan or Mobility Plan prior to or simultaneously with the application for
a MPC District. Denton Plan amendments which are required to enable an MPC District submittal are
exempted from the application constraints set forth in Section 35.3.3.C.2.
35.7.12.5
Adoption of a Master Planned Community District
A. The Master Planned Community District shall be adopted in accordance with procedures set forth in
Section 35.3.4. The Planning and Zoning Commission and Council shall consider the MPC zoning
document as the application along with any amendments to the Denton Plan and/or the Mobility Plan.
B. At the time an MPC Zoning Document is approved by the City Council, it becomes an integral part of the
Denton Development Code for that MPC Zoning District established by the City on the property. All
future development within the adopted MPC District shall thereafter be in conformity with the MPC
Zoning Document for that property.
35.7.12.6
Findings
Before approval or adoption of an application for a MPC Zoning Document, the Planning and Zoning Commission and
the City Council shall find:
A. That the development proposed furthers the goals of the Denton Plan.
B. In the case of proposed residential development, that the development will promote compatible buildings
and uses and that it will be compatible with the character of the surrounding area.
C. That the provisions for public facilities such as schools, fire protection, law enforcement, water,
wastewater, streets, public services and parks are adequate to serve the anticipated population within the
MPC District.
D. In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or
mixed-uses, that such development will be appropriate in area, location and overall planning for the
purpose intended.
E. That the development is fiscally sound, as demonstrated in the Cost Impact Analysis, and is consistent
with adopted policies, infrastructure plans and applicable Capital Improvement Programs (CIP) and that
the Development Plan sets forth the phasing and the plan for paying for the infrastructure and
responsibilities for payment.
35.7.12.7 Future Development
Upon adoption of the MPC District, the applicant may then proceed with the development of the property in
accordance with the MPC Zoning Document and, the MPC Development Standards Document by applying for a
preliminary and final plat(s) approval in accordance with the phasing plan in the MPC District.
7-59
Subchapter 7
Development Code
35.7.12.8
Amendments to an approved MPC Zoning Document or MPC Development Standards
Document
A. Applicant or its successors may request amendments to the MPC Zoning Document and or MPC
Development Standards Document. Amendments to the approved MPC documents shall be delineated as
major or minor amendments, according to the criteria set forth herein. Amendments to the approved
MPC documents will not affect development units not included in the proposed amendment.
B. Upon receipt of an amendment application, the DRC Chair shall determine if the proposed amendment
constitutes a major or minor amendment.
C. Major Amendments. If the DRC Chair determines the amendment to be a major, the amendment request
shall be processed under the Zoning Amendment procedure (35.3.4).
D. An amendment will be deemed major if it involves any one of the following:
1.
A change in the overall MPC District Boundary; or
2.
A significant change to the approximate boundary of one or more development unit(s) from that
approved in the MPC District, as determined by the DRC Chair. A change to an individual
development unit generally shall be deemed to be significant if it represents a ten percent (10%)
increase to the approximate gross area of the development unit as approved in the MPC District; or
3.
An increase of ten percent (10%) or more of the approved number of projected dwelling units or
gross leasable area (GLA) for an individual development unit; or
4.
Any change in land use or density that is likely to negatively impact or burden public facilities and
utilities infrastructure as determined by the DRC; or
5.
Any change in land use or density that is likely to negatively impact or burden mobility adjacent to the
MPC District or to the overall major street system as determined by the DRC; or
6.
Any other proposed change to the Development Plan, which substantively alters one or more
components of the MPC District, as determined by the DRC Chair.
E. Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (D) shall
be considered minor. If the DRC Chair determines the amendment to be minor, the DRC Chair may
administratively act on the amendment and attach stipulations or conditions of approval thereto, to protect
the public health, safety and welfare.
1.
At least fifteen (15) days prior to consideration of a requested Minor Amendment by the DRC, notice
of the proposed minor amendment shall be mailed to each owner of property wholly or partly within
two hundred (200) feet of the affected development unit(s) to which the amendment relates.
2.
If written protest to any minor amendment is received from any notified property owner within ten
(10) days of the notification mailing date and such protest cannot be resolved, then the Minor
Amendment shall be reclassified as a Major Amendment. No additional application shall be required,
however, all provisions governing Major Amendments shall then apply.
3.
If written protest is not received as described above, the DRC Chair shall render a decision on the
minor amendment request. The DRC decision shall be final unless appealed to the Planning and
Zoning Commission under Section 35.3.7.D.
35.7.12.9 Administrative Decision Appeals
A. The applicant or a property owner within two hundred feet may appeal an action or decision by the DRC
Chair on minor amendments to the Planning and Zoning Commission within seven (7) days from the date
of the DRC’s decision, pursuant to section 35.3.7.D.
1.
7-60
Appeals shall be in writing on a form provided by the Planning and Development Department and
shall include only the specific items being appealed.
Subchapter 7
Development Code
35.7.12.10 Appeals concerning size of an MPC
A. An applicant may appeal to the Planning Commission and then to Council if the land area to be proposed
for MPC does not meet the minimum size requirements in Section 35. 7.12.2.C of this Subchapter when
the applicant can demonstrate that:
1.
The development is unique and requires MPC in order to be developed
2.
Is not a single use
35.7.12.11 Administration and Enforcement
A. While ownership of a project may subsequently be transferred (in whole or in part), MPC zoning will
continue to be implemented and maintained on the total acreage of the MPC Zoning project. It is the
responsibility of the owner to notify all prospective purchasers of the existence of the MPC District and
the MPC Development Plan.
B. In the event that the applicant has failed to comply with the conditions adopted by the City Council in
conjunction with the approved MPC zoning document, the City may proceed in accordance with Section
35.1.10.
7-61
Subchapter 7
Development Code
7-62
Subchapter 7
Development Code
35.7.13
West Oak Area Historic District
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, terms 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 file 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 façade 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.
7-63
Subchapter 7
Development Code
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
façade 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:
6.
I.
J.
7-64
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.
Stain. The use and color of stain must be typical of the style and period of the structure.
Façade materials.
1.
Generally. The only permitted façade materials are brick, wood siding, wood, stone, and stucco. All
façade 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.
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.
Façade openings. Porches must not obscure or conceal any façade openings in the main buildings.
4.
Floor coverings. Carpeting is not permitted as a porch floor or step covering.
Subchapter 7
Development Code
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.
L.
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.
Windows and doors.
1.
Front façade 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 façade 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 façade 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.
7-65
Subchapter 7
Development 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 nonresidential 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:
7-66
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.
Subchapter 7
Development Code
35.7.14
Infill Special Purpose District
35.7.14.1 Purpose and Intent.
The purpose of this district is to provide standards for the development of infill lots in existing neighborhoods on
parcels of land that have remained undeveloped.
The specific objectives of this district are to:








Allow flexibility in location, type and density, within the densities supported by the Denton Plan and
the Denton Development Code;
Provide flexibility in lot size, configuration, and vehicle access to facilitate infill development;
Provide development standards that promote compatibility between new and existing development
and promote certainty in the marketplace;
Encourage development of needed housing in close proximity to employment and services;
Promote neighborhood preservation and enhancement through infill development of vacant
properties;
Encourage mixed use development opportunities in order to provide housing and neighborhood
services close to jobs;
Encourage development that meets the city’s economic development goals; and,
Encourage new development as well as preservation of a diversity of housing types and price ranges
in existing neighborhoods.
35.7.14.2 Applicability and General Provisions
There is hereby established a special purpose district to be known as the Infill Special Purpose District. The boundary
of the Infill Special Purpose District is shown on Figure 35.7.14.2.
All applications for development of buildings, structures, and lots within the Neighborhood Residential and Downtown
University Core Zoning Districts that are no greater than two acres may utilize the flexibility, restrictions, limitations,
and provisions of the Infill Special Purpose District regulations as noted in this article, provided that:
1. the proposed area has not been replatted into less than two acre lots after the effective date of the
adoption of this ordinance; and
2. the proposed area lies fully within the boundaries of the Infill Special Purpose District; and
3. the proposed area does not fall within any other Special Purpose or Overlay district.
In the case of conflict among regulations, the more flexible standard shall apply.
A. Permitted Uses.
 All uses permitted by the underlying zoning
 Zero-lot line dwellings (permitted only within the Downtown University Core Zoning Districts)
B. Neighborhood Meeting Requirement.
1. Applicants proposing to develop on infill lots meeting the characteristics of this district shall conduct
at least one neighborhood meeting, which shall be attended by one or more City Planners, prior to the
approval by the Development Review Committee Chair. Record owners of property within 500 feet
of the subject property, as reflected in the records of the Denton Central Appraisal District, shall be
notified by mail 10 days prior to the neighborhood meeting by the applicant. The neighborhood
meeting shall be held at a public facility, such as a public library or community center in close
proximity of the subject property.
2.
Prior to the conclusion of the Neighborhood Meeting, the City Planner in attendance will describe
any administrative adjustments granted under Subsection 35.7.14.2.D.1, and invite the written protest
of any notified property owner in attendance who wish to bring such administrative adjustments
forward for consideration by the Planning and Zoning Commission.
7-67
Subchapter 7
Development Code
3.
No further public notification of any such meeting before the Planning and Zoning Commission
shall be required, other than an agenda posting as required by the Texas Open Meeting Act, and the
decision of the Planning and Zoning Commission shall be final.
C. Plan Requirement.
A site plan shall be submitted for infill development within the Infill Special Purpose District. The site
plan shall be approved by the Building Division prior to the issuance of a building permit.
D. Approval Process, Administrative Adjustments and Appeals.
1.
The Planning Director is authorized to grant administrative adjustments up to 25% from the
requirements of Subchapter 5 of the Denton Development Code for height, setback, and lot coverage
within Neighborhood Residential Zoning Districts and Downtown University Core Zoning Districts
in the Infill Special Purpose District.
2.
Decisions on administrative adjustments may be appealed to the Planning and Zoning Commission
by the applicant or by any property owners who have filed a written protest of the administrative
adjustments, as set forth in §35.7.14.2.B.2. Such an appeal will follow the Staff Review procedure set
forth in §35.3.7.D.1. If the protests received at the neighborhood meeting include those of the record
owners of 20% or more of the property living within 200 feet of the subject property, the hearing
before the Planning and Zoning Commission shall also incorporate a public hearing. In either event,
the decision of the Planning and Zoning Commission is final.
3.
Adjustments in excess of 25% require the approval of both the Planning and Zoning Commission and
the City Council, using the Zoning Amendment procedure set forth in §§35.3.4.C.2 through
35.3.4.C.4.
E. Content of Application.
Applications shall be accompanied by an accurately dimensioned site plan showing the placement of all
structures, and detailed scaled elevation sketches or photographs of the front and side elevations of all
proposed and existing structures to remain. The applicant may be required to furnish such additional
information or supporting detail as may be reasonably necessary to assure compliance with the standards
herein.
F.
Compatibility.
While this Section is intended to promote quality development and eliminate conditions of gross design
incompatibility that have the potential for enduring a century or more, it is not intended to stifle
individuality or compel rigid conformity. Recognizing that great diversity of style, often between homes
side by side, is one of Denton’s central neighborhood strengths, this section is set forth with the intention
that the acceptable level of compliance with these standards will be the minimum necessary to assure
compatibility, not conformity. This Section of the Code may be augmented by the publication in the
Criteria Manual of guidelines intended to illustrate the standards. Such guidelines may be referenced in the
interpretation and administration of the standards herein.
G. Exclusions.
The provisions of the Infill Special Purpose District may not be applied to the following:
1.
2.
3.
4.
5.
7-68
Infill of an entire street whole block face;
Infill of an entire neighborhood;
Infill of land greater than two acres in size;
Infill land replatted into less than two acre lots after the effective date of the adoption of this
ordinance; or
Infill land located within the boundaries of any other Special Purpose or Overlay district.
Subchapter 7
Development Code
35.7.14.3
Development Standards
This section sets standards for structure placement, height, scale, proportion, direction emphasis, design details, texture,
and materials.
A. Where an infill development abuts a structure that is on the City of Denton’s List of Historic Landmark
Designations, the state of Texas Recorded Texas Historic Landmarks (RTHLs) or the U.S. National
Register of Historic Places or, is located on or within two blocks in any direction of the Denton
courthouse square or is adjacent to any historic or conservation district, then the infill development must
be compatible with established structures in the neighborhood in accordance with the following six
standards:
1.
Placement. No new or moved structure shall be located any closer nor any further away from a street
property line than the structure situated on either side of it. Building separation shall be consistent
with the general character of the neighborhood. Primary structures shall be oriented with the front
façade and primary entrance facing the street or shall be oriented compatibly with the neighborhood
where the neighborhood orientation is not with the front façade and primary entrance facing the
street. Garages shall be located consistent with the character of garage location in the neighborhood.
Any lot located on an alley and situated between structures that have vehicular access only to that alley
shall be developed with driveway access to the alley only. Review and approval of garage placement
under this section shall be consistent with other setback regulations and exceptions of this Chapter
and the building code and fire code.
2.
Height, Scale and Proportion. The height of any structure shall be consistent with the character of the
neighborhood. Finished floor elevations (FFE), and front yard grade elevations shall be similar to
those adjacent structures unless the Floodplain Administrator requires a higher FFE. Overall height,
width, scale, and general proportions shall be similar to or consistent with the character of the
neighborhood.
3.
Roof style and pitch of the proposed structure shall be architecturally consistent with the
neighborhood character.
4.
Facade, Materials and Detail. Where neighborhood character includes discernable patterns of detail,
including but not limited to, door and window trim, corner boards, cornice details, railings, and
shutters, the details of any primary structure (or accessory structure visible from the public right of
way) shall be compatible with such character. Where neighborhood character includes open or
enclosed front porches, any primary structure shall include a similar porch. The materials and relative
proportions of doors and windows of the principal structure and any accessory structure visible from
the public right of way shall be compatible with neighborhood character. Siding width shall be
compatible with neighborhood character. Exposed wood on any structure shall be painted or stained
in a manner generally compatible with neighborhood character.
5.
Maximum Lot Coverage. Lot coverage shall be compatible with the existing neighborhood character.
6.
Front Yard Setbacks. Front Setbacks are as permitted by the underlying zone. However, the
contextual setback option may be granted by the Planning and Development Director. A contextual
setback is an average of the setbacks of adjacent or abutting lots. In a case where an existing structure
is located within 20-40 feet of the subject site and fronts the same street as the proposed building, a
front yard setback similar to that of the nearest primary structure shall be used. “Similar” means the
setback is within 0-10 feet of the setback provided by the nearest structure or building. If there are
two adjacent structures fronting onto the same street, then an average measurement shall be taken
using the two adjacent structures. In no case shall the front yard setback be less than five feet, except
in the NRMU, DC-N and DC-G zoning districts, where there are no minimum front yard setback
requirements.
7-69
Subchapter 7
Development Code
B. Tree Preservation and Landscape Requirements.
1.
Infill development, as defined in this Chapter, shall be exempt from Subchapter 35.13.7.C. Street Tree
Requirements, provided that at the time of permitting, street trees are not present on a majority of the
developed lots:
a.
b.
c.
2.
located on either side of the same street as the infill lot,
between the same intersecting streets as the infill lot, and
within the same land use category as the infill lot.
Infill development, as defined in this Chapter, shall be exempt from Subchapter 35.13.10.C.3
Landscaping Standards where front parking is allowed. All other provisions of Subchapter 35.13.7
Tree Preservation and Landscape Requirements shall apply.
C. Parking. All requirements of Subchapter 35.14. (Parking Standards) shall apply. For single-family dwellings
on infill lots as described in this section, tandem parking shall be allowed. For developments on infill lots,
as defined in this section, parking in front shall be allowed.
D. Zero-Lot Line Dwelling. Zero Lot Line Dwellings shall be permitted on infill lots except as provided in
35.7.14.3.A and are subject to the same standards as detached single family structures elsewhere in the
Denton Development Code, except that the following additional provisions shall apply:
1.
When a proposed zero-lot line dwelling shares a side property line with an existing non-zero lot line
development, the zero-lot line dwelling shall be setback from the common property line by a
minimum of five feet regardless of the setback requirements of the underlying zoning district, unless a
greater setback is required by the Fire Code. Refer to Figure 35.7.14.3.D;
2.
Where two of more zero lot-line dwellings are proposed a building separation between the proposed
zero lot-line dwellings shall be 10 feet. Where a proposed zero lot-line dwelling shares a side property
line with a proposed non-zero lot line dwelling, the setback shall be 10 feet. Refer to Figure
35.7.14.3.D;
3.
Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every
zero lot line house that guarantees rights for construction and maintenance structures and yards. The
easement shall stipulate that no fence or other obstruction shall be placed in a manner that would
prevent maintenance of structures on the subject lot;
4.
Placement and/or design of windows on the ground-floor of the zero-lot line house shall support
privacy for the occupants of the abutting lot as well as for the proposed development; and
5.
The development shall comply with the design standards in Subchapter 13 Site Design of the Denton
Development Code.
E. Sidewalk construction. In cases where infill development is required to construct a sidewalk on abutting
non-collector or non-arterial road rights of way pursuant to Section 35.20.3.B of this code, and for interior
lots where sidewalk does not exist along said street in front of both properties abutting the subject infill
residential development site on the same side of the street, infill development shall not be required to
construct a sidewalk along the non-collector and non-arterial street abutting the subject development.
For proposed infill on corner lots, sidewalks are not required to be constructed along any street in which
the abutting property does not have an existing sidewalk, unless the street is classified as an arterial or
collector; otherwise, the proposed infill development is required to construct a sidewalk from the end of
sidewalk to the corner of the lot when sidewalk does exist along said street in front of an abutting
property.
7-70
Subchapter 7
Development Code
Figure 35.7.14.3.D
F.
Perimeter Paving Requirements/Road improvements on abutting non-collector and non-arterial road
rights-of way. In cases where a plat is required to construct a half-street road on abutting public or private
street rights-of-way pursuant to Section 35.20. L, and for interior lots where said street in front of both
properties abutting the subject development site on the same side of the street has not been improved to
the subject standard, the subject development shall not be required to construct a half-street road along
the non-collector and non-arterial street abutting the subject development. This section does not apply
where the development would occupy a full block face.
For proposed infill on corner lots, a half-street road is not required to be constructed along any street in
which the abutting property does not have a roadway improved pursuant to Section 35.20.L, unless the
street is classified as an arterial or collector; otherwise, the proposed infill development is required to
construct a half-street road from the end of the improvement to the center of the intersection when a
roadway does exist along said street in front of an abutting property.
G. Unless otherwise noted in this Section, all other applicable standards of the Denton Development Code
and Criteria Manual shall apply.
7-71
Subchapter 7
Development Code
Figure 35.7.14.2
7-72
Subchapter 7
Development Code
(Amended Ord. No. 2002-322, 09/17/2002)
(Amended Ord. No. 2004-233, 08/17/2004)
(Amended Ord. No. 2005-099, 03/22/2005)
(Amended Ord. No. 2006-085, 03/21/2006)
(Amended Ord. No. 2006-139, 05/16/2006)
(Amended Ord. No. 2006-303, 10/17/2006)
(Amended Ord. No. 2007-095, 05/01/2007)
(Amended Ord. No. 2008-136, 06/17/2008)
(Amended Ord. No. 2013-045, 02/15/2013)
(Amended Ord. No. 2013-313, 11/05/2013)
7-73
Subchapter 7
Development Code
7-74