Subchapter 4 - Overlay and Historic Districts

--- tags: USA, TX, Code --- # Subchapter 4 - Overlay and Historic Districts ### 4.1 - Purpose This subchapter establishes procedures and standards to allow the creation of Overlay and Historic Districts in Denton to protect and enhance 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 ensure the protection and enhancement of said lands and structures. ### 4.2 - Applicability of Underlying Zoning Districts 4.2.1 Land within an Overlay or Historic District shall remain part of the underlying zoning district designation established in Subchapter 3: Zoning Districts, and may, in addition, lie in one or more overlay districts in accordance with the designation of each. 4.2.2 Whenever any provision of the underlying zoning district is in conflict with the Overlay and/or Historic Districts, the provisions of the Overlay and/or Historic Districts shall govern. ### 4.3 - Conflicts with Other Ordinances 4.3.1 To the extent the provisions of this section conflict with any other ordinances of the City of Denton, the provisions of this section shall govern. All other regulations and ordinances of the City of Denton not in conflict with this section shall remain in full force and effect. 4.3.2 Where the regulations of this section modify any provision of any other applicable ordinance, the words used in this section shall have the meaning defined in the provisions of the ordinance modified, unless the definition is otherwise provided in this section. ### 4.4 - Creation and Amendments #### 4.4.1 - Overlay Districts. The creation and amendments to an Overlay District shall be made pursuant to Subsection 2.7.4: Zoning Text Amendment, and Subsection 2.7.2: Zoning Map Amendment. #### 4.4.2 - General Standards. Every recommendation to create or amend any Overlay or Historic District shall address the following, as applicable: A.Statement of Purpose. 1.A statement of purpose specifying the nature of the special and substantial public interest and public welfare involved; 2.Objectives to be promoted by creation of the Overlay or Historic District; and 3.Imposition of the regulations and design standards proposed. B.Proposed Boundary. Proposed district boundaries, depicted on one or more maps, including the Official Zoning Map of City, which shall include all other zoning regulations applicable to the property(s) proposed for inclusion in the district. C.Proposed Regulations. 1.Regulations and/or design standards proposed to promote the special purposes of the Overlay or Historic District. 2.Regulations or design standards 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 Overlay or Historic District: * a.Protection of features designated as being of special concern within the district; * b.Levels of permission for land use types within the district; * c.Special performance standards, use-specific standards, and development regulations;\ * d.Other matters as appropriate to promote the special public interests of the district. ### 4.5 - MAO - Municipal Airport Overlay District #### 4.5.1 - Purpose. The Municipal Airport Overlay (MAO) district is intended to regulate and restrict the height of structures and objects of natural growth and the use of property in the vicinity of the Denton Enterprise Airport to prevent the creation or establishment of obstructions that are a hazard to air navigation. Application of this district will help 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. This district is also intended to implement state and federal rules associated with land uses in the vicinity of airports. Such state and federal rules shall apply within the MAO district. #### 4.5.2 - Municipal Airport Overlay District Established. A. **Generally.** The MAO district is the area generally located outside the airport boundaries and within a rectangle bounded by lines located no farther than one and one-half statute miles from the centerline of an instrument or primary runway and no farther than five statute miles from each end of the paved surface of precision instrument runways. Where only a portion of a lot or parcel is within the boundaries explained above, the entire parcel shall be subject to the MAO regulations. B. Subdistricts Established. The MAO district imposes two types of overlay zoning districts that combine with existing and future zoning district regulations: 1.Airport Height Hazard District (AHHD). The Airport Height Hazard District (AHHD), as established in Subsection 4.5.8, establishes height limitations on structures and natural objects within an area generally traversed by the flight tracks of aircraft using the Denton Enterprise Airport. 2.Airport Compatibility Land Use District (ACLUD). The Airport Compatibility Land Use District (ACLUD), as established in Subsection 4.5.9, 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. #### 4.5.3 - Applicability. A. The requirements of this Section 4.5, shall apply to all lands lying within the city's extraterritorial jurisdiction (ETJ) as well as to lands within city boundaries. For properties in the ETJ, the AHHD and the ACLUD regulations constitute zoning district regulations that shall be administered through this DDC. B.Nothing contained in Subsection 4.5.4, 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 in Subsection 4.5.8C. C.When a parcel of land lies within more than one airport zoning subdistrict, or only a portion of a parcel lies within an airport zoning district, the provisions of the most restrictive regulations shall apply to the use of land and structures for the entire parcel, except when: