---
tags: USA, TX, Code
---

# Part 4: Denton, TX Development Code
## 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:
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.

#### 4.5.4 - Conflicts with Other Provisions.

A.Where there exists a conflict between any standard, restriction, limitation, requirement, or regulation prescribed by this section and any other applicable regulation, the provisions of this section 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.

B.In the event of a conflict between the requirements of this DDC and any provision of state law, state law requirements shall prevail.

C.Consistent with TLGC, § 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 application submitted under this section until such time as the city is able to conform its airport zoning regulations to such law or rules.

#### 4.5.5 - Exemptions.

Unless otherwise provided in this DDC, the following shall be exempt from the provisions of this section:

A. Areas in the Horizontal Zone and Conical Zone. Any natural object(s) or structure(s) less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such object(s) or structure(s) would extend above the height limits established in Subsection 4.5.8C.

B. Areas in the Approach Zone. Any natural object(s) or structure(s) less than 75 feet of vertical height above the ground at a horizontal distance more than 4,200 feet from each end of the runway, except when such object or structure would extend above the height limit established in Subsection 4.5.8C.

#### 4.5.6 - Nonconformities.

A.**Generally.** Whenever the Director determines that a nonconforming structure or natural object within the area subject to this section has been abandoned or more than 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 DDC. In all other cases, the continuation, repair, reconstruction, or remodeling of non-conforming uses or structures shall be governed by Section 1.5, Nonconformities; provided, however, the Director shall apply the standards in this section.

B.**Regulations Not Retroactive.** The regulations prescribed by this section 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 of this section, 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 section, which is consistent with existing regulations and for which construction is diligently pursued.

C.**Marking and Lighting.** Notwithstanding Subsection 4.5.6B, 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 Federal Aviation Administration (FAA).

#### 4.5.7 - General Prohibition on Airport Hazards.

Notwithstanding any other provisions of this section, no person shall use land or water within any zone established by this DDC 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.

#### 4.5.8 - AHHD - 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 Enterprise Airport. The AHHD consists of the following subdistricts, which are depicted in Figure 4.5-1: Airport Height Hazard District Map, and which constitutes the zoning map for the district.

Figure 4.5-1: Airport Height Hazard District Map


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 FAA, as follows:
1. **Approach Zones**. Approach zones for runways 18L-36R and 18R-36L 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 1,000 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of each runway, widening thereafter uniformly to a width of 16,000 feet at a horizontal distance of 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 18L-36R and 18R-36L, 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 in Figure 4.5-1: Airport Height Hazard District 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 section, 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 as follows:

1. **Approach Zones.** For runways 18L-36R and 18R-36L:
      a. Beginning at the end of and at the elevation of the primary surface, one foot in height for each 50 feet in horizontal distance; and
      b. Beginning at a point 10,000 feet from the end of the primary surface and extending an additional 40,000 feet along the extended runway centerline, one foot in height for each 40 feet in horizontal distance.
3. **Transitional Zones.**
a.Beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation (660 feet above mean sea level), one foot in height for every seven feet in horizontal distance;
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 foot in height for every seven 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 5,000 feet measured at 90 degree angles to the extended runway centerline, one foot in height for every seven feet in horizontal distance.

3.**Horizontal Zone.** Within the horizontal zone, 150 feet in height above the airport elevation, or a height of 810 feet above mean sea level.
4.**Conical Zone.** From the periphery of the horizontal zone and at heights between 150 and 350 feet above the airport elevation, one foot in height for every 20 feet in horizontal distance

#### 4.5.9 - ACLUD - 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 in Figure 4.5-2: Airport Compatibility Land Use District Map, and which constitutes the zoning map for the district.

Figure 4.5-2: Airport Compatibility Land Use District Map

B. Prohibited Uses. The following uses shall be prohibited within the ACLUD:
1. **Educational Facilities.** All educational uses, including but not limited to, business or trade schools, college or universities, public schools, and private schools are prohibited in 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; andb.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.
1. **Healthcare Facilities.** Healthcare facilities, including specifically hospital services, elderly housing, group homes, and group homes for the disabled are prohibited within the ACLUD.

C.**Subdistrict ACLUD-1.** The following regulations apply within the ACLUD-1 subdistrict:

1. **Compatible Land Uses.** All land uses allowed within the underlying zoning district or, within the ETJ, any land use not otherwise prohibited by this section shall be allowed within the ACLUD-1 subdistrict, except for new residential uses, which are expressly prohibited.
1. **Noise Mitigation.** Any residential structure that was established prior to the effective date of this DDC and that is permitted to be repaired, rebuilt, or remodeled in accordance with the provisions of Section 1.5, Nonconformities, shall be repaired, rebuilt, or remodeled in compliance with the noise mitigation standards established in Subsection 4.5.10, Noise Mitigation.

D.**Subdistrict ACLUD-2.**
1.**Compatible Land Uses.** All land uses allowed within the underlying zoning district or, within the ETJ, and any land use not otherwise prohibited by this section shall be allowed within the ACLUD-2 subdistrict.
2.**Performance Standards for Residential Uses.** Property owners that 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, shall do one of the following:

      a. **Noise Mitigation** Standards. Construct, repair, rebuild, or remodel the residential structure in accordance with the noise mitigation standards in Subsection 4.5.10, Noise Mitigation; or

      b. **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 Enterprise Airport.

#### 4.5.10 - Noise Mitigation.

A. Noise mitigation shall be required in accordance with FAA requirements.
B. The Building Official may approve alternative standards upon the submission of plans signed by a qualified acoustical engineer certifying that the alternative standard will reduce outside noise levels to the day-night average sound level (Ldn) of 45 decibels (dB) or less inside the building.

### 4.6 - FSO - Fry Street Overlay District

#### 4.6.1 - Purpose.
The Fry Street Overlay District (FSO) is intended to promote the public peace, safety, cleanliness, and general welfare for community members and patrons of the FSO district by regulating off-street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential and commercial density.

#### 4.6.2 - Fry Street Overlay District Established.

A.**Generally.** The FSO district, as established in Figure 4.6-1: Fry Street Overlay District Area Boundary and Subareas, is the 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.
B.**Subareas Established.** The FSO district is further divided into subareas A and B, as depicted in Figure 4.6-1: Fry Street Overlay District Area Boundary and Subareas. Each subarea is subject to distinct regulations as provided in this section.
Figure 4.6-1: Fry Street Overlay District Area Boundary and Subareas

#### 4.6.3 - Applicability.
The requirements of this section, shall apply to all buildings, structures, sites, and properties within the FSO district as described in Subsection 4.6.2.

#### 4.6.4 - FSO District Dimensional Standards.
The dimensional standards established in Subchapter 3: Zoning Districts, shall apply to the FSO district, except as modified in Table 4.6-A below:

<table>
<thead>
<tr>
<th colspan="5">Table 4.6-A: Fry Street Overlay District Dimensional Standards
</th>
</tr>

<tr>
<th>Dimensional Standards
</th>
<th colspan="3">Subarea A

<th> Subarea B
</th>
</tr>
<tr>
<th>
</th>
<th>Residential
</th>
<th>Mixed-Use
</th>
<th>Nonresidential
</th>
<th></th>
<tr>
<td colspan="5">Lot Dimensions (Minimum)
</td>
</tr>
<tr>
<td>Lot area
</td>
<td>6,000 sq. ft.
</td>
<td>None
</td>
<td>None
</td>
<td>
</td>
</tr>
<tr>
<td>Lot width
</td>
<td>60 feet
</td>
<td>
</td>
<td>
</td>
<td>
</td>
</tr>
<tr>
<td>Lot depth
</td>
<td>100 feet
</td>
<td>
</td>
<td>
</td>
<td>
</td>
</tr>
<tr>
<td colspan="5">Setbacks (Minimum)
</td>
</tr>
<tr>
<td>Front yard
</td>
<td>30 feet [1]
</td>
<td>30 feet [1]
</td>
<td>30 feet [1]
</td>
<td>
</td>
</tr>
<tr>
<td>Side yard
</td>
<td>None
</td>
<td>None
</td>
<td>None
</td>
<td>
</td>
</tr>
<tr>
<td>Rear yard
</td>
<td>10 feet
</td>
<td>10 feet[2]
</td>
<td>None
</td>
<td>
</td>
</tr>
<tr>
<td colspan="5">Other Standards
</td>
</tr>
<tr>
<td>Building height (maximum)
</td>
<td>3 stories [3]
</td>
<td>
</td>
<td>
</td>
<td>4 stories [4]
</td>
</tr>
<tr>
<td>Building coverage (maximum)
</td>
<td>50 percent
</td>
<td>80 percent
</td>
<td>100 percent
</td>
<td>
</td>
</tr>
<tr>
<td>Floor/Area Ratio
</td>
<td>3:1
</td>
<td>3:1 [5]
</td>
<td>2:1
</td>
<td>
</td>
</tr>

<tr>
<td>Residential Densities [6]
</td>
<td>Efficiency: 43.6 du/acre<br>
1 bedroom: 36.3 du/acre <br>
2 bedroom: 29.0.du/acre <br>
3 bedroom: 24.2 du/acre <br>
4 bedroom: 20.7 du/acre <br>
5 bedroom: 18.2 du/acre
</td>
<td>
</td>
<td>
</td>
<td>72.5 du/acre
</td>
<tr>
<td colspan="5">Notes:
</td>
</tr>
<tr>
<td colspan="5">[1] Measured from the centerline of street.
</td>
</tr>
<tr>
<td colspan="5">[2] Applies to all floors that include residential dwellings.
</td>
</tr>
<tr>
<td colspan="5">[3] Overall building height (including HVAC equipment, roof systems, vent stacks, chimneys, etc.) shall not exceed 45 feet in height
</td>
</tr>
<tr>
<td colspan="5">[4] Overall building height (including HVAC equipment, roof systems, vent stacks, chimneys, etc.) shall not exceed 55 feet. Parking structures shall not exceed five 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).
</td>
</tr>
<tr>
<td colspan="5">[5] For mixed-uses that include residential on the top floor of any structure.
</td>
</tr>
<tr>
<td colspan="5">[6] Densities shown are maximum allowable, after observing all other site development standards (i.e., floor area ratio, building coverage, parking, height, setbacks, etc.).
</td>
</tr>
</tr>
</thead>
</table>

#### 4.6.5 - Permitted Uses.
In addition to the uses listed in Table 5.2-A: Table of Allowed Uses, for each base zoning district, multifamily dwelling uses shall be allowed within the FSO district.

#### 4.6.6 - Development Standards.

A.Off-Street Parking. The standards established in Section 7.9, Parking and Loading, shall apply to the FSO district, except as follows:
1. **Shared and/or Off-Site Parking.** Remote off-street parking to serve a building or use within the FSO district may be provided on a tract or parcel of land provided that the required off-street parking space shall be within 1,000 feet of the building or use being served and shall provide convenient pedestrian access to the building or use being served.
2. **Minimum Parking Required for Nonresidential Uses.** Nonresidential uses including, but not limited to restaurant, retail, private club, and on-premises sale of beer and/or wine shall provide a minimum of one parking space for each 400 square feet of floor area, or one space for each six seats under maximum seating arrangements, whichever is greater.
3. **Additional Standards for Subarea A.** The minimum number of parking stalls required for multifamily residential development in Subarea A shall be:

<ol >
a.Efficiency units: One and one-fourth (1.25) spaces per dwelling unit.<br>
b.Units with one bedroom: One and one-half (1.50) spaces per dwelling unit.<br>
c.Units with two or more bedrooms: One space per bedroom.<br>
d.Fraternities, sororities, boarding and lodging houses: One space per bedroom.<br>

</ol>

B.Solid Waste Containers.
1. **Generally.**
a.**Location.** Solid waste containers 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.
2. **Additional Standards for Subarea B.** Development in Subarea B shall provide adequate area to accommodate two trash compactors to serve the subarea, in a location specified by the approved site plan for the subarea.

#### 4.6.7 - Additional Development Standards for Subarea B.
<ol>
A.Landscaping. Subarea B shall provide landscaping as depicted in in Figure 4.6-2. Copies can be found in the Development Services Department.

Figure 4.6-2: Fry Street Overlay District Subarea B Landscaping Plan

B. Site Design. Construction shall substantially conform to the site plan shown below in Figure 4.6-3. Copies can be found in the Development Services Department.

Figure 4.6-3: Fry Street Overlay District Subarea B Site Plan

C.Parking Structures. Parking Structures shall be provided with a facade 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.

D.Building Design. The following requirements shall apply to Subarea B, in addition to any other requirements in this DDC or other city ordinances:
1. Residential units fronting Welch Street shall incorporate sloped roof pitches.
2.Each principal facade or massing area shall incorporate a minimum of two of the features identified in Figure 4.6-4: Subarea B Architectural Image Board, including but not limited to:
a.Store front design;
b.Awnings;
c.Stoops on the street level;
d.Accent bay windows;
e.Cornice details;
f.Brick facades with flat roof lines;
g.The incorporation of a bench and street tree in front of the building;
h.Arch details; and
i.Shutters.

Figure 4.6-4: Subarea B Architectural Image Board

</ol>

#### 4.6.8 - Sign Regulations.

The provisions of Subpart B, Chapter 33: Signs and Advertising Devices, of the City Code of Ordinances, as hereafter amended, superseded, or replaced, shall apply, except as modified for each subarea below:
<ol>
A.Wall Signs.

1. **Subarea A.**
a.**Mounting and Orientation.** All signs in Subarea A shall be wall mounted signs, mounted parallel with, and not perpendicular to, the face of the wall upon which the sign is secured.
b.**Mixed-Uses with Residential Component.** Signs associated with mixed uses in subarea A shall be allowed only on those stories of a building that include non-residential uses.
2. **Subarea A.Subarea B.** Wall signs in Subarea B may be mounted perpendicular to building faces, provided they do not encroach into public rights-of-way.<br>

B.Ground and Monument Signs.
1. **Subarea A.** Ground and monument signs are prohibited in Subarea A.
2. **Subarea B.** Ground and monument signs may be allowed in Subarea B subject to the following standards:
a.**Size and Location.** 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. (See Figure 4.6-3.)
b.**Design.** Signs in Subarea B shall be in a style and size consistent with the conceptual designs provided in Figure 4.6-5.

Figure 4.6-5: Subarea B Conceptual Sign Renderings

</ol>

#### 4.6.9 - Minor Amendments.

A.Upon request of the applicant, the Director 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.

B.The Director shall make such authorization only in writing and such document shall be placed in the ordinance file governing the specific plan.

### 4.7 - ULD - Unicorn Lake Overlay District

#### 4.7.1 - Purpose.
The Unicorn Lake Overlay District (ULD) is intended to stabilize and improve property values, ensure compatibility of new construction with the existing scale and characteristics of surrounding properties, and balance the economic development goals and the environmental goals of the city.

#### 4.7.2 - Unicorn Lake Overlay District Established.

The ULD district, as established in Subchapter 3: Zoning Districts, is the area depicted in Figure 4.7-1 below:
Figure 4.7-1: Unicorn Lake District Area Boundary

#### 4.7.3 - Applicability.
The standards in this Section 4.7 shall apply to all property within the ULD district boundaries, unless specifically modified herein.

#### 4.7.4 - ULD District Dimensional Standards.
The dimensional standards established in Subchapter 3: Zoning Districts, shall apply to the ULD district, except as modified in Table 4.7-A: Unicorn Lake Overlay District Dimensional Standards, below:

<table>
<tr colspan="2">
<th>Table 4.7-A: Unicorn Lake Overlay District Dimensional Standards
</th>
<th></th>
</tr>
<tr colspan="2">
<th>Lot Dimensions (Minimum)
</th>
<th></th>
</tr>
<tr>
<td>Lot area
</td>
<td>5,000 sq. ft. for single-family uses; 3,500 sq. ft. for other uses
</td>
</tr>
<tr>
<td>Lot width
</td>
<td>30 feet
</td>
</tr>
<tr>
<td>Lot depth
</td>
<td>80 feet
</td>
</tr>
<tr colspan="2">
<th>Setbacks (Minimum)
</th>
<th></th>
</tr>

<tr>
<td>Front yard
</td>
<td>10 feet
</td>
</tr>

<tr>
<td>Side yard
</td>
<td>5 feet for single-family uses; 6 feet for other uses [1]
</td>
</tr>

<tr>
<td>Side yard, adjacent to street
</td>
<td>10 feet
</td>
</tr>

<tr>
<td>Rear yard
</td>
<td>10 feet
</td>
</tr>

<tr colspan="2">
<th>Other Standards
</th>
<th></th>
</tr>

<tr>
<td>Density (maximum - for subdivisions of more than 2 acres)
</td>
<td>The greater of 12 dwelling units per acre or 112 single-family dwelling units
</td>
</tr>
<tr>
<td>Dwelling size (minimum)
</td>
<td>2,500 sq. ft. [2]
</td>
</tr>
<tr>
<td>Building height (maximum)
</td>
<td>40 feet
</td>
</tr>
<tr>
<td>Building coverage (maximum)
</td>
<td>None for single-family uses; 60 percent other uses
</td>
</tr>
<tr>
<td>Landscaped area (minimum)
</td>
<td>15 percent for single-family uses; 40 percent other uses
</td>
</tr>

<tr>
<th colspan="2">Notes:
</th>

</tr>
<tr>
<td colspan="2" > [1] The minimum yard for a non-single-family use abutting a single-family use or district shall be 10 feet, plus one foot for each foot of building height above 20 feet.
</td>

<tr>
<td colspan="2" > [2] Any square footage under the roof shall be included except for covered patios and porches.
</tr>

</table>

#### 4.7.5 - Permitted Uses.

The land uses allowed in the MN zoning district as provided in Table 5.2-A: Table of Allowed Uses, are allowed in the ULD district, and are restricted to the areas shown in the attachments in Ord. No. 2006-0139 from which this section derives and the following standards:

<ol>
A.A maximum of 112 single-family dwelling units, and any accessory uses to such dwelling units, including an amenity center;<br>
B.Gas wells, including drilling operations and uses accessory to gas wells; and<br>
C.Administrative, professional, or government offices not to exceed a total of 8,000 square feet, and any accessory uses to such offices.

</ol>

#### 4.7.6 - Development Standards.

Any applicable regulations for development of property in the underlying zoning district are applicable to the ULD district with the following exceptions:

A.Private Streets.
1. **Generally.**
a.Except as otherwise provided by this DDC, private streets and sidewalks shall be designed and constructed according to public street standards.b.In the event any of the standards of this section 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.c.A private street system with gated access may be constructed to serve the property.d.Clubhouse Drive shall be a public street.
2. **Deed Restrictions Required.**
a.Prior to the recordation of any final plat allowing the construction of a private street system, deed restrictions for the property shall be recorded in the deed records of Denton County containing provisions in substantially the same form as the attachments in Ord. No. 2006-0139 from which this section derives:
<ol>
i.Article II (and related definitional provisions);<br>
ii.Section 4.10;<br>
iii.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;<br>
iv.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<br>
v.Section 10.12.<br>
</ol>

3. **Design Standards.** Notwithstanding any other regulation to the contrary in this DDC or city criteria manuals, the following requirements shall apply to private streets:
a.The maximum street grade for Clubhouse Drive shall be eight percent.
b.The maximum street grade within 60 feet of an intersection shall be eight percent.
c.No traffic calming features are required.
d.Cul-de-sacs may be a maximum of 300 feet in length. Cul-de-sacs shall have a minimum radius of 50 feet.
e.Barrier free ramps shall be required at intersection curb returns.
f.All private streets shall have a total minimum right-of-way of 50 feet.
4. **Access and Connectivity.** Discontinuity with other existing or future neighborhoods is unavoidable due to adjacent conditions and constraints including:
<ol>
a.An existing subdivision to the west of the property that does not have street stubs to connect to;<br>
b.Flood plain and lake areas to the east of the property, which present a significant physical barrier; and<br>
c.State school property to the south of the property that does not, and likely will never, provide street connection points to the property.<br>
</ol>

5. The proposed ingress and egress for the property consists of two streets directly connecting to a collector roadway (Clubhouse Drive) that provides adequate ingress and egress for a development of 106 single-family lots. When developed for single-family uses, the property shall contain 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 paragraph 4.7.6A.4 shall not apply.

B.**Utilities.**
1. All water and sewer lines that serve the property shall be publicly owned and maintained and shall be designed and built according to city standards.
2. 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.
3. 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 the attachments in Ordinance No. 2006-0139 from which this section derives.
4. 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.

C.**Pedestrian Access.** Development within the ULD district is exempt from the requirement to provide pedestrian access by linking to any adjacent sidewalk(s), multi-use path(s), or public transportation stops.

D.**Nonresidential and Mixed-Use Building Orientation.** The alternatives authorized under paragraph 7.10.5A.3 shall not apply to the ULD district.

E.**Single-Family Building Design.**

1. **Orientation.** Primary entrances shall face the street and sidewalk.
2. **Architectural Variety.**
<ol>
a.No elevation shall be repeated more frequently than every fifth lot on the same side of the street.<br>
b.No elevation shall be repeated on the lot directly across the street or next door to the lot directly across the street.<br>
</ol>

3. **Building Mass and Form.** Buildings shall incorporate at least three of the following design features to provide visual relief along the front of the residence:

<ol>
a.Dormers;<br>
b.Gables;<br>c.Recessed entries, a minimum of three feet deep;<br>d.Covered front porches;<br>e.Cupolas;<br>f.Architectural pillars or posts;<br>g.Bay window, a minimum 24-inch projection;<br>h.Clay tile, slate, copper, or high definition composition roofing materials;<br>i.Fireplace chimneys matching exterior finish of home;<br>j.Windows and doors made of wood, metal clad or metal with bronze anodized finish;<br>k.Decorative wrought iron or wood railings as extensions of the architecture of the home;<br>l.Trim and accent colors that are dark, rich earth tones that come from stains and refined woods, medium browns, or medium to dark greens;<br>m.Four to twelve (4:12) to twelve to twelve (12:12) single pitch roofs or double pitch roofs up to twelve to twelve (12:12), with shed roofs used only as secondary elements; and/or<br>n.A minimum 10 foot first floor wall height and minimum nine foot second floor wall height.
</ol>

4. **Garage Design.**
<ol>
a.For front-entry garages, the total width of the garage door(s) shall not occupy more than 40 percent of the ground floor building frontage, unless the garage door is located at least 30 feet behind the front of the house.b.Attached front-entry garages shall not extend beyond the front building wall, except side load or J-swing garages.
</ol>

5. Building Transparency/Windows. Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment.
6. **Building Materials.**
7. <ol>
a.Exterior finishes shall consist of the following materials:
i.Stone;
ii.Brick;
iii.Plaster with stone; and/or
iv.Wood.b.Siding and exterior insulation and finish system (EIFS) shall be prohibited.
</ol>

F.Tree Preservation. Development within the ULD is exempt from the standards in Subsection 7.7.4: Tree Preservation.

G.**Buffer Requirements.**
<ol>
1. A minimum buffer of 50 feet in width, in the location shown on the attachments in Ordinance No. 2006-0139 from which this section derives, must be provided. Alterations to the required buffer area are prohibited except as necessary to do the following:
<ol>
a.Accommodate drainage flows from adjacent and upstream property and meet all applicable city drainage requirements;<br></br>
b.Construct a fence or wall along the boundary of the property;<br></br>
c.Install a retaining wall along the east line of the buffer, if necessary; andd.Remove dangerous, diseased, or dead trees from the buffer.<br></br>
</ol>
2. The only machinery that may be used in the required buffer to do the work in 1. above is machinery that is reasonably necessary and appropriate to the scope of work being performed, as determined by the Director.
</ol>

H.**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.

### 4.8 - RZR - Rayzor Ranch Overlay District
Please see Appendix A: Rayzor Ranch Overlay District, for development regulations governing the Rayzor Ranch Overlay District.

### 4.9 - Historic Landmark Preservation and Historic Districts

#### 4.9.1 - Purpose.
The City Council hereby finds 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 in order to:
<ol>
A.Protect, enhance, promote, 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;<br>B.Safeguard>B.Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations;<br>C.Stabilize and improve property values in such locations;<br>D.Foster civic pride in the beauty and accomplishments of the past;<br>E.Protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry;<br>F.Strengthen the economy of the city;<br>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.
</ol>

#### 4.9.2 - Penalty.
<ol>
A.It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any building, structure or land with a historic landmark designation or located in a historic or conservation district in violation of the provisions of this DDC, 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 and about such premises.<br>
B.Any person violating any provision of this section shall be guilty of a misdemeanor and shall be punished as provided in Section 1.6, Enforcement.
</ol>

#### 4.9.3 - Enforcement.
<ol>
A.No person shall construct, reconstruct, alter, remodel, renovate, restore, demolish, raze, or maintain any building, structure or land with a Historic Landmark designation or a building, structure or land located in a locally designated Historic or Conservation District unless application is made for a Certificate of Appropriateness (COA) for said work and such a certificate is granted as provided in Subsection 2.9.2, and appropriate construction or demolition permits are obtained.<br>B.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.<br>C.Other regulations applicable to Historic Landmarks, Conservation Districts, and Historic Districts as contained in this DDC shall continue to apply, except as specifically modified in this section.
</ol>

#### 4.9.4 - Oak-Hickory Historic District.

<ol>

A.**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. All properties within the district must comply with the underlying zoning district and use classification regulations.<br> B.**Boundaries.** The Oak-Hickory Historic District is generally bounded by Hickory Street to south, N. Welch Street to the west, Pearl Street to the north, and Williams Street to the east as established by Ordinance No. 87-224. Major Public Streets in the District are West Oak, West Hickory, Mounts, Denton, Pearl and Fulton Streets.

Figure 4.9-1: Approximate Boundaries of the Oak-Hickory Historic District

<br>

C.**Architectural Requirements**. Architectural requirements in the Oak-Hickory Historic District shall be as follows:

1. **Principal Structure.** The principal structure must be compatible in scale with principal structures existing in the district. The combined square footage of all structures on a given lot may not exceed 50 percent building coverage. Compatibility or the appropriateness with respect to additions or alterations to an existing structure shall be determined by comparison with historical photographs or documentation whenever available.
2. **Accessory Buildings.** Accessory buildings which are visible from any public street, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. The combined square footage of all structures on a given lot may not exceed 50 percent of the square footage of said lot. Compatibility and or the appropriateness with respect to additions or alterations to an existing structure shall be determined by comparison with historical photographs or documentation whenever available.
3. **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.
4. **Destruction.** If the exterior of historic structures are to be altered and if previous alterations have modified the original design, then the alteration process shall return the structure to a form based on historic documentation. In the case of destruction by natural forces, replacement structures and or repairs shall conform with the original form based on historical documentation, or if none exists, shall conform in scale and proportion to the remaining structure and or the scale and proportion of structures similarly designed.
5. **New Construction and Additions.** Generally, all buildings must be placed so as to not adversely affect the rhythm of spaces between buildings on the block. Additions and or replacement buildings shall have a front setback that is the average of the adjacent lots of contributing buildings.
6. **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.
7. **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.
8. **Color.** Structures in the Oak-Hickory Historic District may be painted any color from the following paint manufacturer's preservation color pallets: Sherwin Williams America's Heritage Historical Exterior Colors Pallet, Valspar Paint National Trust Historic Colors, Pittsburgh Paints Historic Collection, or similarly intended pallets. Any paint brand is allowed. Fluorescent and metallic colors are not permitted on the exterior of any structure in the district. The Historic Preservation Officer may administratively approve repainting of homes in this District.
<ol>

a.**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.<br>b.**Gutters and Downspouts.** Gutters and downspouts must be of a color that matches or complements the color scheme of the main building.<br>**c.Roof Colors.** Roof colors must complement the style and overall color scheme of the structure.<br>
d.**Masonry and Brick Surfaces**. Masonry and brick surfaces not previously painted must not be painted unless it is determined that:
<ol>i.The painting is absolutely necessary to restore or preserve the masonry or brick; or<br>ii.The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface.

</ol>

e.**Stain.** The use and color of stain must be typical of the style and period of the structure.
</ol>

9. Façade Materials.
<ol>

a.**Generally.** The permitted façade materials are brick, wood siding, wood, stone, and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case-by-case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building.<br>b.**Wood Façades.** Existing wood façades must be preserved as wood façades.
</ol>
10. Front Entrances and Porches.

<ol>

a.**Detailing.** Railings, moldings, tile work, carvings, and other detailing and architectural decorations must be applied in a manner typical of the style and period of the main building.<br>
b.**Enclosures.** A front entrance or porch may not be enclosed with any material, including iron bars, glass, or mesh screening.<br> c.**Façade Openings.** New porches must not obscure or conceal any façade openings in the main buildings.<br> d.**Floor Coverings.** Carpeting is not permitted as a porch floor or step covering. Doormats are exempt from this requirement. <br> e.**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.
</ol>
11. Roof Forms.
<ol>

a.**Material and Colors.** Roof material and colors must complement the style and overall color scheme of the structure.<br> b.**Patterns.** Roof patterns must be typical of the style and period of the main building.<br> c.**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.<br> d.**Skylights and Solar Panels.** The HLC 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. Skylights are permitted on the rear of accessory buildings only.
</ol>

12. Windows and Doors.
<ol>

a.**Front Façade Openings.** The location and size of windows and doors in proposed façades must be compatible in scale with the typical style and period of the main building.<br>b.**Glass.** Reflective, tinted, and mirrored glass and plastic are not permitted in any opening.<br>c.**Screen, Storm Doors, and Storm Windows.** Screens, storm doors, and storm windows may be permitted if:i.Their frames are painted to match or complement the color scheme of the main building; andii.They do not obscure significant features of the windows and doors they cover.<br>d.**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.<br>e.**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.<br>f.**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.<br>g.**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.<br>h.**Frames.** The frames of the windows must be trimmed in a manner typical of the style and period of the building.<br>i.**Openings.** All windows, doors, and lights in the front and side façades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door.

13.**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.
</ol>

D.**Fences.** Fences are not mandatory; however, when installed or replaced, they shall comply with Subsection 7.7.8: Walls, Fences, and Screening, and shall require an administratively approved COA.

1. **Color and Style.** Fences must be of a color, style, and material that is compatible to the main building.
2. **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.

E.**Signs.** All signs located within the Oak-Hickory Historic District shall be subject to the provisions of Subpart B, Chapter 33, of the Code of Ordinances, except as modified as follows:

1. **Signs Prohibited.** Ground, roof, projecting, portable, and off-premises signs are prohibited.

2. **Wall Sign Regulations.**
<ol>
a.Only one wall sign per premises is permitted.<br>b.No wall sign shall have a maximum dimension that is greater than two feet, measured along the greater distance of any one line which defines the effective area of the sign.
</ol>

3. **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 they identify by name the occupants of a residential building.

4. **Approval Procedure for Signs.** No signs shall be constructed or located, and no existing wall sign shall be altered, until a COA is issued in accordance with the procedure applicable to alterations or changes of the exterior architectural features of buildings, and a sign permit is obtained as required by Subpart B, Chapter 33, of the Code of Ordinances.

F. **Parking.** The provisions of this DDC applicable to parking shall apply to the Oak-Hickory District, except as modified as follows:

1. **Location.** All off-street parking spaces for any building used as a multifamily dwelling or for a nonresidential use shall be located between the building fronting the public street and the rear property line.
2. **Number of Parking Spaces.** Each specified use shall provide the following number of parking spaces:a.Multifamily buildings shall have a minimum of two parking spaces for each dwelling unit.b.Nonresidential uses shall provide one and one-half times the number of parking spaces required for that use as established in Section 7.9: Parking and Loading.

</ol>

#### 4.9.5 - Bell Avenue Historic District.

<ol>

A.**Purpose.** The purpose of establishing the Bell Avenue Historic District is to safeguard the heritage of the City of Denton by preserving the Bell Avenue area of the city. The area contains landmarks, buildings, and/or sites which reflect elements of the city's cultural, social, economic, political, or architectural or archeological history. The Bell Avenue Historic is also intended to: ensure compatibility of new construction and structural alterations with the existing scale and characteristics of surrounding properties; foster civic pride in the beauty and accomplishments of the past; and identify and promote the use of historic resources for the education, pleasure, and welfare of citizens of the City of Denton.

B.**Boundaries.** The Bell Avenue Historic District includes all the properties that front Bell Avenue between East University Drive and East Sherman Drive, as established by Ordinance No. 2005-099.

Figure 4.9-2: Approximate Boundaries of the Bell Avenue Historic District

C.**Architectural Regulations.** Architectural requirements in the Bell Avenue Historic District shall be as follows:

1. Principal Structures. Principal structures must be compatible in scale with principal structures existing in the district.
2. Accessory Buildings. Accessory buildings which are visible from any public street, other than an alley, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing, and color of the main building.
3. 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.
4. 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.
5. Color. Colors of all structures should be complementary to each other and the overall character of the main building. The Historic Preservation Officer may administratively approve re-painting of homes in this District.
6. Façade Materials.
<ol>
a.The permitted façade materials are brick, wood siding, wood, stone, and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case-by-case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building.<br> b.Retain significant character defining wooden or metal façade elements. Examples include cornice brackets, gingerbread, decorative trim elements, ornamental barge/fascia board, and soffit.
</ol>

7. **Historic Architectural Elements.** 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. Every effort should be made to repair damaged portions of original materials.
8. Roof Material and Colors. Roof materials and colors must complement the style and overall scheme of the structure.
<ol>
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 include dimensional shingles, real or synthetic slate shingles, or standing seam metal.<br> b.Historic systems that are integral to the roof, such as flashing, and leader/conductor boxes, built-in 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.<br> c.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.
</ol>

9. **Fencing.** A certificate of appropriateness is not required to install a fence in the Bell Avenue Historic District; however fencing shall comply with Subsection 7.7.8: Walls, Fences, and Screening.

10. **Doors.** 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).

11. **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.
</ol>

#### 4.9.6 - West Oak Area Historic District.

A.**Purpose.** The purpose of the West Oak Area Historic District 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.

B.**Boundaries.** The West Oak Area Historic District is generally bounded by Oak Street to the south, Thomas Street to the west, Houston Place to the north, and Jagoe Street to the east, as established by Ordinance No. 2008-136.

Figure 4.9-3: Approximate Boundaries of the West oak Area Historic District

C.**Architectural Requirements.** Architectural requirements in the West Oak Area Historic District shall be as follows:

1. Principal Structure. Principal structures must be compatible in scale with the principal structures existing in the district.
2. Accessory Buildings. Accessory buildings which are visible from any public street, other than an alley, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing, and color of the main building.
3. 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.
4. 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 public street, other than an alley, as determined by the Historic Preservation Officer. Other awnings must be typical of any proposed structure and the character of the main building.
5. Building Placement. All buildings must be placed so as to not adversely affect the rhythm of spaces between buildings on the block. The front setback for new construction shall be 30 feet. Additions and or replacement buildings shall have a front setback that is the average of the adjacent lots of contributing buildings.
6. 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.
7. 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.
8. Color. <br>a.Roof Colors. Roof colors must complement the style and overall color scheme of the structure.<br>b.Masonry and Brick Surfaces. Masonry and brick surfaces not previously painted must not be painted unless it is determined that:<br>i.The painting is absolutely necessary to restore or preserve the masonry or brick; or<br>ii.The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface; or<br>iii.The structure is not a contributing structure to the District and/or the brick and style of the building are not complimentary to such a degree that together they define an architecturally significant whole.<br>c.Certificate of Appropriateness. A COA shall not be required for exterior painting of structures in the West Oak Historic District; however, it is suggested that structures in the West Oak Historic District be painted colors from the following paint manufacturer's preservation color pallets: Sherwin Williams Preservation Pallet (including America's Heritage Historical Exterior Colors and Suburban Modern Historical Exterior Colors); Valspar Paint National Trust Historic Colors; Pittsburgh Paints Historic Collection; or similarly appropriate products.
9. Façade Materials<br>a.Generally. The permitted façade materials are brick, wood siding, wood, stone, and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case-by-case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building.<br>b.Wood Façades. Existing wood façades must be preserved as wood façades.
10. Front Entrances and Porches.<br>a.Detailing. Railings, moldings, tile work, carvings, and other detailing and architectural decorations must be typical of the style and period of the main building.<br>b.Enclosures. A front entrance or porch may not be enclosed with any material, including iron bars, glass, or mesh screening.<br>c.Façade Openings. Porches must not obscure or conceal any façade openings in the main buildings.<br>d.Floor Coverings. Carpeting is not permitted as a porch floor or step covering.<br>e.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.1
11. Roof Forms.<br>a.Material and Colors. Roof material and colors must complement the style and overall color scheme of the structure.<br>b.Patterns. Roof patterns must be typical of the style and period of the main building.<br>c.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.<br>d.Skylights and Solar Panels. The Historic Landmark 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.
12. Windows and Doors.<br>a.Front Façade Openings. The location and size of windows and doors in proposed façades must be compatible in scale with the typical style and period of the main building.<br>b.Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening.<br>c.Screen, Storm Doors and Storm Windows. Screens, storm doors, and storm windows may be permitted if:<br>i.Their frames are painted to match or complement the color scheme of the main building; and<br>ii.They do not obscure significant features of the windows and doors they cover.<br>d.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.<br>e.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.<br>f.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.<br>g.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.<br>h.Frames. The frames of the windows must be trimmed in a manner typical of the style and period of the building.<br>i.Openings. All windows, doors, and lights in the front and side façades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door.
13. 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.
14. Fencing. A certificate of appropriateness is not required to install a fence in the West Oak Historic District; however fencing shall comply with Subsection 7.7.8: Walls, Fences, and Screening.

D.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 Subpart B, Chapter 33, of the Code of Ordinances, except as modified as follows<br>
1. Additional Wall and Stake Sign Regulations.<br>a.Number of Wall Signs. Only one wall sign per premises is permitted.b.Size. No wall sign shall have a maximum dimension which is greater than two feet, measured along the greater distance of any one line which defines the effective area of the sign.
2. 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 they identity by name the occupants of a residential building.
3. Approval Procedure for Wall Signs. No new signs shall be constructed or located and no existing sign shall be altered until a sign permit is obtained pursuant to Subpart B, Chapter 33, of the Code of Ordinances, and a COA is issued in accordance with the procedure applicable to alterations or changes of the exterior architectural features of buildings, as provided for in this DDC.

E.Parking. The provisions of this DDC applicable to parking shall apply to the West Oak Area District, except for the following modifications:
1. Location. All off-street parking spaces for any building used as a multifamily dwelling or for a nonresidential use shall be located between the building fronting the public street and the rear property line.
2. Number of Parking Spaces. Each specified use shall provide the following number of parking spaces:<br>a.Multifamily buildings shall have a minimum of two parking spaces for each dwelling unit.<br>b.Nonresidential uses shall provide one and one-half times the number of parking spaces required for that use as established in Section 7.9, Parking and Loading.