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Denison City Zoning Code

CHAPTER 176

CORE OVERLAY DISTRICT REGULATIONS

176.01 CORE OVERLAY DISTRICT.

   Whereas the City of Denison contains a central vicinity that retains a development pattern and architectural character consistent with the community's early development, and; Whereas this vicinity is uniquely equipped to deliver a mix of land uses, services, and historic and cultural amenities to residents and visitors, and; Whereas these characteristics of the vicinity have been determined to be of great value to Denison and worthy of preservation; Now, therefore the Core Overlay District is hereby created.

176.02 INTENT.

   It is the intent of the Core Overlay District to provide regulations supplemental to those associated with the underlying base district in the vicinity of downtown Denison. It is further the intent of this district to:
   1.   Preserve the architectural and spatial character of the area.
   2.   Preserve historic architectural details on existing structures.
   3.   Preserve scenic views from and to the district and enhance travel corridors leading to the district.
   4.   Ensure that new construction and facade improvements are consistent in type, quality, and appearance with the predominance of existing structures in the area.
   5.   Provide for new construction and facade improvements that are attractive to citizens and visitors, are an asset to the community economically, and are designed and built for maximum longevity.

176.03 DEFINITIONS

   Terms used in this chapter have the following meanings:
   1.   "Brick" means a masonry unit of clay and/or shale, formed into a rectangular prism while plastic and hardened by firing in a kiln.
   2.   "Bond" means any of various arrangements of masonry units having a regular, recognizable, usually overlapping pattern to increase the strength and enhance the appearance of the construction.
   3.   "Commercial Use" means commercial uses include the sale, rental, service, and distribution of goods; and the provision of services other than those classified under the other use types; further defined under Section 166.07.
   4.   "Cornice" means a continuous, molded projection that crowns a wall or divides it horizontally for compositional purposes.
   5.   "Downtown Residential" means the use of upper levels above street level of a building within the Central Business District of the City of Denison for single- or multi-family residential uses, as described in Section 166.04(6).
   6.   "Dormer" means a projecting structure built out from a sloping roof, usually housing a vertical window or ventilating louver.
   7.   "Facade Element" means any structural or accessory element to a façade including, but not limited to, signage, awnings, lighting, masonry, windows, doors, parapets and accent materials.
   8.   "Masonry" means the laying up of substantial materials, such as brick, manufactured stone, or stone, in units upon each other and a foundation, usually using mortar as a bonding agent.
   9.   "Multi-family Residential Use" means the use of a site for three or more dwelling units within one building not otherwise defined as townhouse units, as defined in Section 166.04(5).
   10.   "Natural Materials" means brick, stone, wood, or manufactured stone.
   11.   "Parapet" means a low, protective wall at the edge of a terrace, balcony, or roof, especially that part of an exterior wall, firewall, or party wall that rises above the roof.
   12.   "Porch" means an exterior appendage to a building, forming a covered approach or vestibule to a doorway.
   13.   "Portico" means a porch having a roof supported by columns, often leading to the entrance of a building.
   14.   "Stone" means rock or a piece of rock quarried or manufactured stone and worked into a specific size and shape for a particular purpose.
   15.   "Transom" means a crosspiece separating a doorway from a window or fanlight above it.
   16.   "Transom Window" means a window above the transom of a doorway. Also called transom, or transom light.

176.04 APPLICABILITY.

   The standards of the Core Overlay District are applicable to all new uses and structures, to all façade improvements of existing structures, and to all expansions of existing structures, excluding all single- and 2-family homes, abutting the named streets as follows:
      2nd Avenue South -South 12th Street to South 15th Street
      1st Avenue South - South 12th Street to South 15th Street
      Broadway -100 feet west of 11th Street to 15th Street
      1st Avenue North - Exchange Street to North 14th Street
      2nd Avenue North - Avenue C to North Main Street
      Exchange Street
      South 12th Street - 2nd Avenue South to Broadway
      Avenue C - Intersection of North 7th Street & North 9th Street to 1st Avenue North
      Main Street - 2nd Avenue South to 2nd Avenue North
      South 14th Street - 2nd Avenue South to 2nd Avenue North
      15th Street - 2nd Avenue South to 1st Avenue North
      Center Street
   and shall include the following described real estate, to-wit:
BLOCK NUMBER
LOT(S)
Sixteen (16)
Lots 7 and 8
Sixteen (16)
PR Lot 5 and Street adjacent to same
Forty (40)
1 through 9
Forty (40)
Property locally known as 306 North 7th Street
Forty-one (41)
6 through 16
Forty-two (42)
Parcels A, B and C
Forty-two (42)
15 through 23
Forty-three (43)
1 through 6
Fifty-eight (58)
1 through 12
Fifty-nine (59)
1 through 8
Sixty (60)
1 through 6
Sixty (60)
21 through 31
Sixty-nine (69)
Parcels B and C
Sixty-nine and one-half (69½)
 
Seventy (70)
1
Seventy-one (71)
1 through 10
Seventy-two (72)
1 through 13
Seventy-three (73)
1 through 22
Eighty-four (84)
1 through 19
Eighty-five (85)
1 through 14
Eighty-six (86)
1 through 16
Eighty-seven (87)
1 through 8
One Hundred Five (105)
1 through 14
One Hundred Six (106)
1 through 12
One Hundred Seven (107)
1 through 16
 

176.05 GENERAL REGULATIONS.

   All of the standards applicable to uses of land and structures in the Core Overlay District are additional and supplemental to the regulations of the underlying base district. All requirements of both the base district and the Core Overlay District shall be met. Where regulations appear to conflict, the standards of the Core Overlay District shall supersede.

176.06 SUBMITTAL REQUIREMENTS.

   In addition to the materials required to be submitted for a standard zoning and/or building permit outlined in Section 174.04 and 155.04, applicants seeking approval of projects subject to the Core Overlay District standards shall submit to the City Building Inspector the following:
      1.   A written description of the proposed project noting the following:
         A.   Type of construction (new or renovation).
         B.   Materials proposed to be used and the façade area of each, as well as the total area of each façade to be built or modified.
         C.   Notable existing architectural details to be preserved, and notable architectural details to be removed or covered (if any).
      2.   A scaled drawing submitted by engineer or general contractor of building façade to be built or proposed to be modified, showing:
         A.   Dimensions of the façade in total, and dimensions of window and door openings.
         B.   Architectural details as proposed after project completion.
      3.   In the event clarification is needed, the Planning Commission may assist City of Denison staff in reviewing applications subject to the Core Overlay District standards. The Commission shall consider an application at a special called meeting following application submittal and shall advise City staff as to whether the project as proposed satisfies the Core Overlay District standards.

176.07 DESIGN STANDARDS.

   The following standards are applicable to all commercial and multi-family dwelling uses and structures in the Core Overlay District with respect to Section 176.04, Applicability, above.
      1.   Awnings. The application of awnings to building façades is encouraged. Awnings shall not extend across multiple storefronts and/or multiple buildings. Awnings shall be constructed of durable, protective, and water repellant material. However, solid plastic, exposed aluminum or chrome finishes, or fiberglass awnings are not permitted. Backlighting or interior illumination of awnings is not permitted.
      2.   Signs. Signs shall be architecturally compatible with the style, composition, materials, colors and details of the building, while providing for adequate identification of the business. Light cast onto signs shall be directed downward from fixtures that are architecturally compatible with the style, composition, materials, colors and details of the building. Professional, concealed backlighting may be permitted behind dimensional signs formed of individually mounted letters or design elements.
         A.   Interior window signs, whether lighted or unlighted, (such as neon signs and permanently painted window signs) are permitted, so long as they cover no more than 30% of the surface area of first story windows.
         B.   Projecting signs shall not be greater than 12 square feet in area nor project more than three feet from the building face, and shall not extend above the first story of the building. No less than 10 feet of clearance shall be provided between the sidewalk elevation and the lowest point of a projecting sign.
         C.   Signs shall not block or obliterate design details, windows, or cornices of the building upon which they are placed.
      3.   Building Height. New development and redevelopment shall complement the existing pattern of building heights. In no case shall buildings exceed four stories and 45 feet in height.
      4.   Setbacks. New construction and infill buildings must maintain the alignment of façades along the sidewalk edge and fill the entire gap between existing buildings, or where impractical, shall have zero setback from their lot lines and/or neighboring rights-of-ways. In no case shall on-site parking be placed between the front façade and the sidewalk/street.
      5.   Roofs and Parapets. Sloped roofs are prohibited unless the roof form is concealed by a parapet or false front. Exceptions may be granted by the Board of Adjustments if the sloped roof is used on top of a multi-story building to help reduce the overall height of the façade and define the residential character of the upper floors. Provided however, that sloped roofs may be used as architectural accents on buildings that otherwise have flat roofs. In addition, buildings that are located within one block of the boundary of the CBD district and which have been constructed with sloping roofs as of the date of enactment of this ordinance (October 21, 2014) shall not be deemed to be non-conforming uses and may be repaired, replaced and reconstructed without limitation.
      6.   Utility Areas and Mechanical Equipment Screening. Utility areas and mechanical equipment should be designed so that they do not detract from the aesthetic appeal of the vicinity.
         A.   All exterior trash and storage areas, service yards, loading areas, air conditioning and mechanical units must be screened so as to be invisible from adjacent public ways using the same materials, color, and/or style as the principal building. All roof equipment shall be screened so as a minimum of 75% be invisible from adjacent public streets. This provision excludes public alley ways.
      7.   Façade Width. Continuous lengths of street-level building façade shall not exceed 30 feet without interruption by one or more of the following features:
         A.   Entrances
         B.   Window bays
         C.   Recesses or projections in the façade plane of at least 12 inches
         D.   Divisions or breaks in materials or contrasting color changes
      8.   Windows and Doors. For new buildings a minimum of 30% of the ground level façade and sides of buildings adjacent to public ways shall be transparent. Windows on upper floors shall be vertically oriented. Arched tops, columns framing the openings, and decorative lintels are encouraged to compliment the architectural character of structures in the vicinity.
         A.   On existing buildings, original windows and doors shall not be boarded, shuttered, or enclosed, or their opening dimensions altered. Original materials or details, where still present, encouraged to be preserved or, if necessary, replaced with similar materials and details that complement the architectural character of the structure.
      9.   Materials and Detailing. Whereas brick and stone are durable, historic, classic materials that serve as the primary façade materials on a predominance of structures in the district, fired clay brick and natural stone or manufactured stone (subject to paragraph 10) shall cover at least 75% of the front façade area and 50% of side façade areas adjacent to public ways (except alleys) on newly constructed buildings. Façade area shall be calculated excluding the area of windows and doors. Brick and stone veneers are not preferred, but will be permitted so long as the color of the masonry is integral to the material. Tile, stone, metal, cement boards and 4x8 stucco finish cement board, and Exterior Insulation and Finish System (EIFS) are acceptable accent materials.
         A.   New and existing brick and stone masonry construction shall not be painted unless previously painted. Murals of artistic value painted upon the side facades of buildings are permitted upon review and approval by Council appointed "designated board" or position. The color of new masonry exteriors shall be integral to the material.
         B.   Existing masonry facades and architectural details, such as cornices, transom and display windows, architectural columns, framing, accents, and masonry detailing, shall not be removed or covered except that the Board of Appeals and Adjustments may provide exceptions when doing so is necessary for the public safety. These architectural details are strongly encouraged on new structures.
      10.   Exceptions. The Board of Appeals and Adjustments may exempt an applicant from particular provisions of these design standards if it can be demonstrated that alternatives to the provision(s) result in a design that equally satisfies the intent of the Core Overlay District.
(Ch. 176 - Ord. 1447 - Nov. 14 Supp.)