This article shall be cited as the city historic preservation
ordinance.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; 1988 Code, sec. 7-151)
The city council hereby declares that, as a matter of public
policy, the protection, preservation, and enhancement of districts
and landmarks of architectural, archaeological, cultural, and historic
importance is necessary to promote the economic, cultural, educational,
and general welfare of the citizens of the city. The unique identity
of the city and the history of the area prior to its founding, which
produced significant historic, architectural, archaeological, and
cultural resources, requires this article to:
(1)
Protect
and enhance the districts and landmarks which represent distinctive
elements of the city’s historic, architectural, and cultural
heritage;
(2)
Foster
civic pride in accomplishments of the past;
(3)
Protect
and enhance the city’s attractiveness to visitors and the support
and stimulus to the economy thereby provided;
(4)
Insure
the orderly, efficient, and appropriate growth and development of
the city;
(5)
Promote
economic stability and prosperity of the community by encouraging
the most appropriate use of such significant property in the city;
and
(6)
Stabilize
and improve property values.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; 1988 Code, sec. 7-152)
(a)
Created; composition.
There hereby is created a historic
preservation commission (the “commission”) composed of
seven (7) members and two (2) alternate members, appointed by the
city council. All commission members shall have a demonstrated outstanding
interest in the historic traditions of the city and experience in
the preservation of the historic character of the city. The city council
shall endeavor, to the extent reasonably available, to appoint members
from the following categories:
(b)
Terms.
Commission members shall serve for a period of
two (2) years, their terms to be staggered (four (4) members appointed
one (1) year and three (3) members appointed the next year). Initial
appointments shall be four (4) for two-year terms and three (3) for
one-year terms.
(c)
Officers.
The chair and vice-chair of the commission
shall be elected by and from members of the commission.
(d)
Ex-officio member.
The director of community development
shall serve as an ex-officio member of the commission.
(e)
Powers.
The powers of the commission shall include the
authority to do the following:
(1)
Adopt rules and procedures;
(2)
Adopt identification criteria and rules for delineation of historic
district boundaries;
(3)
Conduct and administer historic resource surveys;
(4)
Recommend designation of districts and landmarks;
(5)
Establish committees as needed;
(6)
Produce and distribute minutes of meetings;
(7)
Develop public outreach/education/awareness programs;
(8)
Approve/disapprove certificates of appropriateness;
(9)
Provide design and other reasonable forms of advice to owners and
tenants of historic properties in the certificate of appropriateness
review process;
(10)
Recommend acquisition of endangered historic resources to the city
council when necessary;
(11)
Submit an annual report to city council and the mayor on the status
of preservation in the community and the work of the commission;
(12)
Prepare and promote design guidelines for landmarks/districts.
(f)
Meetings.
The commission shall meet at least monthly,
or more frequently if so required, to conduct business. The director
of community development may, when necessary and with adequate notice,
call special meetings of the commission. All meetings shall be held
in conformance with the Texas Open Meetings Act, chapter 551, Texas
Government Code.
(g)
Quorum.
A quorum shall consist of four (4) commission
members. A positive vote of a majority of the quorum shall be required
to take any official action.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; 1988 Code, sec. 7-153)
(a)
Administration.
The director of community development,
or his designee, as historic preservation officer, shall administer
this article and the permitting and zoning functions thereof contained
in this article and other applicable ordinances.
(b)
Coordination.
The historic preservation officer will
coordinate the commission’s and city’s preservation activities
with the county and appropriate state and federal agencies, and will
advise the commission on relevant issues.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; 1988 Code, sec. 7-154)
(a)
Generally.
The city council may designate sites, buildings,
structures, landscapes and objects as landmarks, and areas as historic
districts, including the public rights-of-way in and surrounding them,
by adopting zoning districts designated as HD on the city’s
official zoning maps pursuant to procedures incorporated into the
city’s basic zoning ordinance by the city council.
(b)
Criteria.
A historic district may be established to
preserve landmarks and areas of exemplary architectural, archaeological,
cultural, or historic value provided such landmarks or areas have
one (1) or more of the following characteristics:
(1)
Significance in history, architecture, archaeology, or culture;
(2)
Association with certain events that have made a significant contribution
to the broad patterns of local, regional, state, or national history;
(3)
Association with the lives of significant persons in our past;
(4)
Embodying the distinctive characteristics of an architectural or
engineering type, period, or method of construction;
(5)
Represents the work of a master designer, builder, or craftsman;
(6)
Represents an established and familiar visual feature of the community;
(7)
Has archaeological value because it has produced or can be expected
to produce data affecting theories of historic or prehistoric interest.
(c)
Adoption of regulations.
Design guidelines and other
appropriate regulations concerning the exterior and site development
or redevelopment of a historic district may be recommended by the
commission and adopted by the city council as part of a district ordinance.
(d)
Notice to affected property owners; hearings.
Property
owners of a proposed historic district designation shall be notified
by the commission prior to the commission’s hearing on designation.
Testimony and documentary evidence may be presented, which will become
part of the public record, to comment on the historic, architectural,
or cultural importance of the proposed historic property.
(e)
Procedure.
Upon receipt of written recommendation of
the commission, a proposal for designation shall be submitted to the
planning and zoning commission for its review, public hearing, and
recommendation to the city council for adoption, as provided in the
city’s general zoning ordinance.
(f)
Recording of designation.
Upon designation of a property
or properties as a landmark or historic district by the city council,
the designation shall be recorded by legal description on the city’s
official zoning maps, in the records of real property of Lamar County,
and with the tax appraisal office.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; 1988 Code, sec. 7-155)
Nothing in this article should be construed to prevent ordinary
maintenance or repair of any exterior architectural feature of a property
designated as a landmark or within a historic overlay district. Ordinary
maintenance shall be defined as any work that does not constitute
a change in design, material, color, or outward appearance, and includes
in-kind replacement or repair. Ordinary maintenance shall also include
the planting or replacing of grass, flowers, shrubs, and trees. The
director of community development shall be the officer in charge of
making the decisions as to what is “ordinary maintenance.”
(Ordinance 2002-033, sec. 5, adopted 6/17/02; Ordinance 2004-012, sec. 2, adopted 5/10/04; 1988
Code, sec. 7-156)
(a)
Federal standards.
The commission shall follow the United
States Secretary of the Interior’s formal written standards
for the rehabilitation of historic buildings in its consideration
of all applications for certificates of appropriateness. These standards
shall be made available to owners and tenants of property designated
as historic.
(b)
Criteria for approval.
In considering an application
for a certificate of appropriateness, the commission shall be guided
by any adopted design guidelines and, where applicable, the Secretary
of the Interior’s standards for rehabilitation. Any adopted
design guideline and the standards for rehabilitation shall be made
available to the property owners of historic landmarks or within historic
districts.
(1)
Every reasonable effort shall be made to adapt the property in a
manner that requires minimal alteration of the building, structure,
object, or site and its environment.
(2)
The distinguishing original qualities or character of a building,
structure, object, or site and its environment shall not be destroyed.
The removal or alteration of any historic material or distinctive
architectural features should be avoided when possible.
(3)
All buildings, structures, objects, and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be discouraged.
(4)
Changes that have taken place in the course of time are evidence
of the history and development of a building, structure, object, or
site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of craftsmanship that
characterize a building, structure, site, or object shall be retained
where possible.
(6)
Deteriorated architectural features shall be repaired rather than
replaced wherever possible. In the event the replacement is necessary,
the new material should reflect the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or placement
of missing architectural features should be based on accurate duplications
of features, substantiated by historical, physical, or pictorial evidence
rather than conjectural designs or the availability of different architectural
elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
(10)
Whenever possible, new additions or alterations to buildings, structures,
objects, or sites shall be done in such a manner that, if such additions
or alterations were to be removed in the future, the essential form
and integrity of the building, structure, object, or site would be
unimpaired.
(c)
Certificate of appropriateness required.
A person shall
not alter a property designated as historic or property within a historic
district, or any portion of the exterior of a structure on the site,
or designated adjacent right-of-way, or place, or construct, maintain,
expand, or remove any structure on the site, without first obtaining
a certificate of appropriateness in accordance with this article.
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.
(d)
Application for certificate.
Prior to commencement of
any work, the owner shall file an application for a certificate of
appropriateness with the director of community development. The application
shall contain:
(1)
The name, address, and telephone number of the applicant, and the
address of the affected property if different.
(2)
Detailed description of proposed work.
(3)
Current photographs of property including, where available, historic
photos.
(4)
Drawings of proposed changes or new construction, and samples of
materials.
(5)
Other information deemed necessary by the commission for clarification
of the project.
(e)
Approval of certificate.
The commission shall deny,
approve, or approve with conditions any certificate of appropriateness
application within thirty (30) calendar days of receipt of a completed
application, determining whether the proposed work is consistent with
the regulations contained in this article, in all applicable ordinances,
and in the zoning ordinance designating the historic landmark. Upon
posted notice the commission shall conduct a public hearing on the
application, at which time an opportunity is provided for proponents
and opponents of the application to present their views.
(f)
Decisions of commission.
All decisions of the commission
shall be in writing, stating its approval or the specific reasons
for denying or modifying any applications. If approved, a copy of
the certificate shall be sent to the applicant by certified mail and
a copy filed with the director of community development.
(g)
Expiration of certificate.
A certificate of appropriateness
shall expire six (6) months from the date it is issued if the approved
work has not commenced, and it shall expire one (1) year from the
date it is issued if the approved work has not been completed.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; Ordinance 2004-012, sec. 3, adopted 5/10/04; 1988
Code, sec. 7-157)
(a)
Application review.
If the director of community development
determines that the applicant is seeking a certificate of appropriateness
to authorize only minor exterior alterations, as defined in this section,
the director shall review the application to determine whether the
proposed work complies with the regulations contained in this section
and all applicable historic district designation ordinances and approve
or deny the application within five (5) working days of its receipt.
(b)
Appeals.
Any interested person may appeal the director’s
decision by submitting to the director a written request for appeal
within thirty (30) calendar days of the director’s decision.
The written request for appeal starts the standard certificate of
appropriateness review procedure by the historic preservation commission.
(c)
Minor exterior alteration defined.
For purposes of this
section, “minor exterior alteration” is the installation
of or alteration to awnings, fences, gutters, and downspouts; incandescent
lighting fixtures; landscaping and hardscaping comprising less than
twenty-five (25) percent of the front or side yard; restoration of
original architectural features that constitute a change from existing
conditions; 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.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; 1988 Code, sec. 7-158)
(a)
Review of application.
A demolition permit for a structure
within a historic district, or an individual landmark, shall not be
issued by the director of community development until review and issuance
of a completed certificate of appropriateness application by the commission.
The director shall not forward the application to the commission until
it is complete; the following information must be supplied by the
applicant before the application is considered complete:
(1)
Information describing the condition of the structure;
(2)
Estimated cost of restoration or repair;
(3)
Demonstration that the adaptive use or restoration of the structure
has been seriously considered;
(4)
Any available historic records of the building, including drawings,
photographs, or other similar material;
(5)
Architectural drawings for any proposed new construction which is
intended to replace the historic structure;
(6)
Any conditions proposed to be voluntarily placed on new development
that would mitigate the loss of the landmark structure;
(7)
Any other information the director of community development finds
appropriate for the commission to render a decision on the application.
(b)
Public hearing on application.
The commission shall
hold a public hearing on the application within thirty (30) calendar
days of receipt of the completed application, at which time proponents
and opponents of the application may present their views. The commission
may seek expert assistance in the field(s) of real estate development,
appraisal, financing, and other related disciplines to review the
application. The applicant shall consult in good faith with the commission,
interested local groups, and individuals in a diligent effort to investigate
alternatives that will result in preservation of the property.
(c)
Granting or denial of application.
If the historic preservation
commission determines that in the interest of preservation the structure
should not be removed or demolished, it shall deny the application
and seek alternatives that may result in preservation of the structure.
If the commission determines that [in] the interest of preservation,
demolition or removal of the structure will not create an adverse
effect, it shall issue the certificate of appropriateness for demolition.
(d)
Decision of commission.
A copy of the decision shall
be forwarded to the director of community development and to the applicant
within ten (10) calendar days of the public meeting and a copy shall
be filed with the city clerk. All decisions shall be in writing.
(e)
Time limit for finding alternative.
If, after one hundred
eighty (180) calendar days, the commission has not successfully found
a purchaser or otherwise determined a process by which the property
might be preserved, the building official shall issue the demolition
permit.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; 1988 Code, sec. 7-159)
(a)
Procedures.
As set out herein, the procedure for adopting
an ordinance to establish or amend a historic landmark or district
designation may be initiated by the city council, the planning and
zoning commission, the historic preservation commission or the owner(s)
of property within the area of request. Upon initiation of the procedure
for designation, applications for a permit to place, construct, alter,
demolish, or remove any structure on the property shall follow the
procedures set forth herein for areas designated as historic districts,
and shall continue thereafter unless and until the city council shall
deny the proposed designation.
(b)
Standards for certificates of appropriateness in proposed districts.
The commission shall follow the United States Secretary of the
Interior’s formal written standards for the rehabilitation of
historic buildings in its consideration of all applications for certificates
of appropriateness. These standards shall be made available to owners
and tenants of property designated as historic.
(c)
Timing.
For purposes of this section, the procedure
for designation is considered to be initiated immediately when the
city council or planning and zoning commission or historic preservation
commission votes to authorize the filing of a designation case, or
in the case of owner initiation, when the application for designation
is filed with the historic preservation commission. With regard to
designations initiated with or by the historic preservation commission,
the commission’s review of such designation shall be completed
and a recommendation made within one hundred eighty (180) days of
initial designation, or the initial designation shall expire.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; Ordinance 2004-012, sec. 4, adopted 5/10/04; 1988
Code, sec. 7-160)
All work performed pursuant to a certificate of appropriateness
issued under this article shall conform to all its requirements. It
shall be the duty of the director of the community development to
inspect periodically to assure such compliance.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; Ordinance 2004-012, sec. 5, adopted 5/10/04; 1988
Code, sec. 7-161)
Any person aggrieved by a decision of the commission relating
to hardship or issuance of certification of appropriateness may, within
thirty (30) calendar days of receipt of the written decision, file
a written application with the city council through the office of
the city clerk for review of the decision. The city council shall
hold public hearings to consider the appeal. A decision of the city
council is final and not appealable.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; Ordinance 2004-012, sec. 5, adopted 5/10/04; 1988
Code, sec. 7-162)
Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009, and each and every day’s continuance of any violation of this article shall constitute and be deemed as a separate offense.
(Ordinance 2002-033, sec. 5, adopted 6/17/02; Ordinance 2004-012, sec. 5, adopted 5/10/04; 1988
Code, sec. 7-163; Ordinance adopting 2021 Code)