HomeMy WebLinkAboutSeptember 02, 2014 Agenda% �!
% �, �
Tuesday, September 2, 2014
City of Denton
Meeting Agenda
City Council
11:30 AM
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton. com
Work Session Room
After determining that a quorum is present, the City Council and the Historic Landmark Commission of
the City of Denton, Texas will convene in a Work Session on Tuesday, September 2, 2014 at 11:30 a.m.
in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Work Session Reports
A. ID 14-0467
Attachments
Receive a report, hold a discussion, and give staff direction on the operations,
procedures, policies and regulations of the Historic Landmark Commission related
to: Strategic Direction and goals of the Historic Landmark Commission; the City
Council Ad Hoc Committee on Historic Preservation; Suspension of work for
violations of Certificates of Appropriateness; Expiration of Certificate of
Appropriateness; Notification of Designated Historic Property at time of Sale or
Deed Transfer; and the Procedure for removal from a historic/conservation district.
Exhibit 1- C7rdinance f�o 80-030
� �
B. ID 14-0468 Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of
policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official,
public employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2014 at o'clock (a.m.) (p.m.)
CITY SECRETARY
City ofDenton Page 1 Printed on 8/28/2014
City Council
Meeting Agenda September 2, 2014
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE
1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 2 Printed on 8/28/2014
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0467, Version: 1
Agenda Information Sheet
DEPARTMENT: Planning and Development
CM/ ACM:
Date:
John Cabrales, Jr.
September 2, 2014
SUBJECT
Receive a report, hold a discussion, and give staff direction on the operations, procedures, policies and
regulations of the Historic Landmark Commission related to: Strategic Direction and goals of the Historic
Landmark Commission; the City Council Ad Hoc Committee on Historic Preservation; Suspension of work for
violations of Certificates of Appropriateness; Expiration of Certificate of Appropriateness; Notification of
Designated Historic Property at time of Sale or Deed Transfer; and the Procedure for removal from a
historic/conservation district.
BACKGROUND
City Council requested a joint meeting with the Historic Landmark Commission (HLC) to discuss several items
related to their operations, policies, procedures, and regulations for historic preservation. This past year, the
HLC has dealt with broad issues that overlap with city wide policies, goals, and objectives and this joint
meeting will provide discussion on policy direction for the HLC and provide Council the opportunity to
consider HLC input.
The subject matter proposed for discussion has been refined to establish overall goals for the HLC, open lines
of communications between the HLC and Council and create collaboration on how to best address HLC issues,
and to discuss process and procedural amendments. Staff recommends that the discussion topics be presented as
follows:
l. Strategic Direction and goals of the Historic Landmark Commission
2. Ad Hoc Council Committee on Historic Preservation
3. Suspension of work for violations of Certificates of Appropriateness
4. Expiration of Certificate of Appropriateness
5. Notification of Designated Historic Property at time of Sale or Deed Transfer
6. Procedure for removal form historic/conservation district
1. Strategic Direction and goals of the Historic Landmark Commission
The Historic Landmark Commission (HLC) was created in April 1980, by Ordinance No. 80-030 (Exhibit 1) to,
among other things, protect, enhance and perpetuate historic landmarks which represent or reflect distinctive
and important elements of the City's and state's architectural, archaeological, cultural, social, economic, ethnic
and political history and to develop appropriate settings for such places. The enabling language also includes
City of Denton Page 1 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
the composition of the nine member committee and states that the HLC shall include at least one representative
from each of the following organizations or professions:
➢ County Historical Commission
➢ The County Bar Association
➢ A Certified Public Accountant
➢ A registered Accountant
➢ An owner of real property in the City
For some time, the structure of the HLC has not met this requirement. As staff has continued their interaction
with the HLC it has become apparent that updates and amendments to the Denton Development Code (DDC)
are warranted to ensure that the DDC aligns with the goals and objectives of the HLC and the vision and
direction of the City Council.
The HLC has expressed their desire to expand their role in the review of properties on the downtown square
which are a part of the National Registry of Historic Places (Exhibit 2) and not a local designation.
Subsequently, the HLC has been developing for implementation an historic overlay district for the downtown to
identify historic properties and historic elements of the downtown that should be preserved.
As well, the HLC has dealt with issues that are not clearly defined in the DDC. Recently, they reviewed a
request for the installation of solar panels on historic structures that was subsequently denied. The basis for the
denial was HLC concerns about the location of the solar panel on the section of the roof visible from public
view. In addition, the HLC was concerned that there are inadequate design guidelines for installation of solar
panels in historic designated areas of the City and approval of the request could set precedent with no
established guidelines.
It is the desire of the HLC to be more responsive and proactive in their pursuit of historic preservation
opportunities. In order to do so, it is important for the HLC to remain on the forefront of issues present and
pending, that can influence their preservation efforts. To that end, the establishments of overarching goals and
objectives, the update of the preservation plan, and the implementation of strategies are necessary to provide
the HLC direction and guide staff in the allocation of resources to fulfill these obligations.
In addition to the review of Certificates of Appropriateness for modifications to historic structures, the HLC has
prepared a list of projects for completion within the next year they have determined are key to their transition to
a more proactive approach to preservation. These projects are delineated by time frames (i.e., short term - 6
months or less and long term - greater than 6 months) that are as follows:
Short Term
Contractors List - A list of contractors that specialize in historic preservation
Historic Paint Colors - Adoption of paint colors specific to the construction of historic structures
Creation of a Neighborhood Task Force - Property Owners within historic districts to serve on
committees to rewrite DDC requirements for their respective historic district
Long Term
Creation of a downtown overlay district - Establish regulations to address development on the downtown
square
Preservation Plan Update - Update to the Preservation Plan that was adopted in
City of Denton Page 2 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
Completion of the Historic Resources Survey Phase II - Complete historic survey of structures
2. Ad Hoc Council Committee on Historic Preservation
On August 12, 2014, City Council adopted a resolution (Exhibit 3) creating an Ad Hoc City Council committee
to interface with the Historic Landmark Commission and review the operations, procedures, powers, duties,
policies and regulations related to historic landmark preservation and historic districts in the City.
The creation of the Council Committee is intended to open lines of communications between the HLC and
Council and create collaboration on how to best address HLC issues. The HLC will be involved in discussions
with the Council Committee and will work cooperatively on issues related to historic preservation.
The Ad Hoc committee would not be involved in deliberation of HLC agenda items. The authority of the HLC
shall remain intact as currently adopted by the DDC, unless amendments to the DDC are acted upon by the
Planning and Zoning Commission and adopted by the City Council. The Ad Hoc committee would review the
current enabling language within the DDC and work collaboratively with the HLC to determine if and/or what
amendments are warranted.
On August 19, 2014, City Council appointed Councilman Kevin Roden, Councilman John Ryan, and
Councilman Greg Johnson to serve on the Historic Landmark Committee. The Committee will begin the
process of scheduling meetings and establishing an agenda in the near future.
During a work session discussion on the creation of an Ad Hoc Council Committee, the HLC presented several
policies they believed warranted consideration for discussion. The topics proposed for discussion included:
aesthetic issues associated with the use of Solar Energy within Historic Districts; creation of a downtown
overlay district; adopt elements of strategic planning and establish annual goals as part of the Preservation Plan
update; increase inventory of landmark and historic structures; develop economic incentives for historic
preservation; and balancing historic preservation interests with Economic Development.
There was also discussion on the potential use of a citizen committee of stakeholders, as needed, on the
implementation of Historic Preservation initiatives. The citizen committee could be created to participate on a
specific issue or several issues. The citizen's committee would also be part of public education campaign to
better communicate historic preservation initiatives to the community. These are items the Ad Hoc City
Council Committee and the HLC can discuss during these meetings.
3. Suspension of work for violations of Certificates of Appropriateness
Currently, there are three Historic Districts, and several structures that are registered as Historic Sites within the
City. For those structures that are located with an Historic District or for those structure that are registered as
historic sites, the City requires a Certificate of Appropriateness for any construction or alteration performed on
any part of the structure that can be viewed from the public way.
Pursuant to Section 35.7.6.8.A of the Denton Development Code (DDC),
"No person shall alter, change, construct, reconstruct, expand, restore, remove or demolish any exterior
architectural feature of a designated historic landmark or allow the results of such action to be maintained
City of Denton Page 3 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
unless application is made in compliance with this section for a certificate of appropriateness and such a
certificate is granted. "
A Certificate of Appropriateness (COA) is the means by which the HLC can ensure that all renovations to the
exterior of a structure that is either designated as a local landmark or located within a district complies with the
design standards of either the historic district and/or the Secretary of the Interior's Standards for Historic
Preservation.
If construction or alteration work that can be viewed from a public way is performed on one of these structures
without a current Certificate of Appropriateness or if work is being performed which does not comply with an
issued Certificate of Appropriateness, the Building Official or his designee is sent out, under the direction of
the Planning Division, to the site of the violation to issue a written Stop Work order.
A Stop Work order is a tool that requires the person or persons performing the work to discontinue the work
being performed. The Building Official or his designee will also issue a written Notice and Order requiring
that whoever is performing the work, if they do not already have an issued Certificate of Appropriateness, shall
apply for a Certificate of Appropriateness from the Planning Division of the City before continuing the
construction or alteration.
Since the Code is clear about requiring a Certificate of Appropriateness for work performed on the structure
that can be seen from the public way, there are some instances in the past where the Building Official or his
designee has issued a Stop Work order for work being performed on the front of the structure but has also
allowed the person to continue performing work on the inside of the structure or at the rear of the structure.
This has been allowed only if the project has a current building permit for any work being done that requires a
building permit.
This practice led to several calls from residents in frustration over the continued work being performed on the
property and on staff in enforcement of this practice. The HLC has examined this practice and recommends
that, if the violator has a current building permit and is in violation of performing work that requires a
Certificate of Appropriateness, or if a Certificate of Appropriateness has been issued but has not been followed,
then the Building Official would issue a Suspension of the Permit. This suspension would require that all work
being performed be discontinued until the Certificate of Appropriateness has been followed or until necessary
Certificates of Appropriateness have been issued.
Another tool the Building Official has is a Revocation of the Permit. For example, if the Building Official does
not gain compliance from the Certificate of Appropriateness violator, the Building Official does have the
authority to revoke the current building permit. In which case the project would be discontinued until a new
building permit was obtained.
The Building Official will act under the direction of the Planning Division in order to gain compliance of the
Codes on designated historic structures. The Building Official has the tools, as mentioned above, to enforce the
current codes as directed.
4. Expiration of Certificate of Appropriateness
As noted earlier, a COA is the means by which the HLC can ensure that all renovations to the exterior of a
structure that is either designated as a local landmark or located within a district complies with the design
standards of either the historic district and/or the Secretary of the Interior's Standards for Historic Preservation.
A COA may be approved administratively for modifications that are "like for like" or by the HLC for
City of Denton Page 4 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
modifications to the structure that complies with the design standards of either the historic district and/or the
Secretary of the Interior's Standards for Historic Preservation.
At this time, approved COAs do not have an expiration date. This has created some confusion for the HLC and
residents within the historic district. For example, recently a homeowner commenced work on his house
(painting) that was approved by COA almost ten years previously. The HLC has discussed and recommends a
one year expiration date and a 180 day expiration date. Staff considers a one year expiration date for the
commencement of approved work to be the most advantageous to both the applicant and the Commission by
giving the applicant enough time to commence the project and the Commission the assurance that the project
will be completed. Once the property improvements are initiated, after receipt of the building permit, there will
be the 180 - day time frame to complete the project.
Staff polled other cities across the nation using the National Alliance of Preservation Commission (NAPC) list-
serve to find out how other cities, including cities in our vicinity, deal with expiration dates for approved
COA's. NAPC is a national network of local preservation, historic district, and landmark commissions. Its
mission is to help local preservation programs succeed through education, advocacy and training. Denton has
been a member since January 2014. The following table summarizes the information received.
/State
Kinney, TX
ort Worth, TX
bury, TX
es
on Date
�s 1 year after approval
enced.
esidential - 1 year expiratic
ommercial - 2 year expirati
�s commenced, HPO can a�
burg, VA Expires 1 year after approval
extension is approved or a bi
een obtained.
,TX
:pires 1 year after approval
tension is approved.
e, TN Two year expiration for com�
nless the project is "substan
y the expiration date.
illage of Pittsford, NY
pires 1 year after approval
npleted, the applicant mus
�
o expiration
City of Denton Page 5 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
Oklahoma City, OK Expires 1 year after approval
apply for a 6-month extensio
approved administratively or
approved by the Commissio
for the extension, work must
commenced.
Athens, GA A COA approval are valid fo
the Board approval, but befo
released with the building pe
issued with the building per
-months which can be extend
-months by request. They ar
remain valid for work that ta
months to complete.
Bellefonte, PA Expires 1 year after approval
completed within 1 year, and
administratively approved.
Abilene, TX There is a 6-month deadline
commencement of work and
completion. If work has not
ithin 6-months, reapplicati
can be administratively appr
Bowling Green, KY Expires 2 years after approva
S. Notification of Designated Historic Property at time of Sale or Deed Transfer
Staff and the HLC have been having discussions regarding possible methods for notifying a potential property
owner that the property they are considering purchasing is located in a historic district or is individually
designated. Staff has heard repeatedly from new property owners within historic districts that they were
unaware the property was in an historic district. The Commission has discussed options for disclosing the
historic status of a property during their meetings and have determined that the historic status of all properties
in the districts or individually designated should be filed for record with the County. In this way, it will be
shown on the title. The Commission has also discussed meeting with the local Board of Realtors to educate
them on the importance of informing buyers of the historic status of property before they complete the
purchase. CommissionerPeggy Riddle has spoken to the County Clerk's office and they have agreed to waive
the fees required to file the paperwork with the County.
Staff polled other cities across the nation using the National Alliance of Preservation Commission (NAPC) list-
serve to find out how other cities, including cities in Texas, notify new property owners that their property is
located within a historic district or is individually designated. As you will note in reviewing the results, there is
no common practice to address this issue. The following table summarizes the information received.
City/State otification Process
City of Denton Page 6 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
Fort Worth, TX The historic designation/district is filed for record at the County
Courthouse.
Granbury, TX The historic designation/district is filed for record at the County
Courthouse.
Fredericksburg, VA City sends new property owners a short letter and a brochure
ith FAQs about the Historic District.
Houston, TX Add the Historic Designation notation to the state mandatory
seller's disclosure form.
Oklahoma City, OK Active neighborhood associations get the work out to new
roperty owners using neighborhood newsletter. Train Realtors
regarding "what it means to be in a historic district", and make
them aware of the ramifications if the new property owners are
ot told of the status of the property. Realtors have added the
disclosure to the yard sign and added it to the listing on the MLS
site.
Athens, GA It is part of the zoning disclosure during closing. Active
eighborhood associations and neighborhood signage are used
as well.
Bellefonte, PA Workshops to educate Realtors.
Abilene, TX Work with the Board of Realtors and completion of a Condition
Survey every two years.
Bowling Green, KY Every homeowner is given a copy of the Design Guidelines. In
order to get a transfer stamp, the seller has to have the buyer
sign a form acknowledging receipt of the guidelines.
Fort Worth, TX The historic designation/district is filed for record at the County
Courthouse.
Granbury, TX The historic designation/district is filed for record at the County
Courthouse.
6. Procedure for removal form historic%onservation district
Denton Development Code (DDC) Section 35.7.8.1 defines a historic district as "geographically definable areas
possessing significant concentration, linkage or continuity of buildings, structures, sites areas or land which are
united by architectural, historical, archeological or cultural importance or significance."
In addition, Section 35.7.8.3 of the DDC outlines the methodology to which historic districts shall be drawn
stating:
City of Denton Page 7 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
The boundaries of historic districts shall be drawn so as to include all buildings, structures, sites areas or
lands which meet one (1) or more of the criteria set out in Section 35. 7.6. S or which directly affect or relate to
such buildings, structures, sites, areas or lands meeting one (1) or more of the Section 35.7.6.5 criteria,
provided that at least fifty-one (SI) percent of the total structures within the boundaries are of architectural,
historic, archeological or cultural importance or value.
The Code also addresses if a property owner requests removal from a historic district. Section 35.7.8.4.D of the
DDC contains the following requirements pertaining to the reduction of the boundary of a historic district.
They are as follows:
D. Applications to reduce the boundaries of an historic district may be made when one (1) or more of the
following conditions have been met:
1. When it can be shown that a particular building, site, area or land has no historic, architectural,
archeological or cultural importance or value to the viability of the district;
2. When exclusion of buildings, structures, sites, areas or lands is necessary for major new
development that would support either the architectural, historical, archeological or cultural character
or economic viability of the district;
3. When it can be shown that no degradation of the district, physical, historical, architectural,
archeological or cultural, will result fi�om exclusion ofproperty fi�om the district.
E. Application for inclusion or exclusion may be made when either continued exclusion or inclusion of
property within the district would render it an economic hardship for reasonable continuation in its
present exterior form. In order to establish such economic hardship, the owner must show that no
reasonable alternative use exists which allows the exterior of the building to remain in its original style.
In evaluating economic return, the commission may request the owner to document the value, rents,
returns, ta� burden and/or contracts pertaining to the property.
Section 35.4.32.0 specifies the procedure to be used when designating sites/structures or districts as historic
landmarks/districts;
"The Landmark Commission shall recommend to the Planning and Zoning Commission ordinances designating
certain buildings, structures, sites, districts, areas and lands in the City as historic landmarks. The Landmark
Commission shall hold a public hearing on all proposed ordinances and the owner of any land included in the
proposed ordinance shall be given at least ten (10) days' written notice of the public hearing. "
Section 35.43.2.F states that the designation of a historic landmark may be amended or removed using the
procedure outlined in Section 35.43.2.C.
Staff polled other cities across the nation using the National Alliance of Preservation Commission (NAPC) list-
serve to find out how other cities deal with a request for removal from a district. As you will note in reviewing
the results, the answers ranged from denial of all requests to be removed from the district, to permitting
removal under specific circumstances. The following table summarizes the information received.
/StateNotification Process
City of Denton Page 8 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
Granbury, TX Removal from a district would only be considered for properties
located at the edge of a district.
Fredericksburg, VA Historic Overlay zoning is not something that a property owner
can opt out of.
League City, TX Permitted "relatively new" properties to be removed from a
istoric district.
Knoxville, TN Requests to the Historic Zoning Commission for decertification
of a designated structure must be accompanied by photographs
of the structure(s) proposed for decertification, petitions of
roperty owners of the structure(s) requesting decertification,
evidence that the structure no longer possesses architectural or
istorical significance, and an assessment of the effect of
decertification on the individual historic resource and on the
surrounding historic district.
Oklahoma City, OK Our districts are part of the zoning, so a property owner would
ave to request a rezoning to be removed from a district. We've
only had a couple attempts at this, and they have not been
successful so far. We do have one block of houses on the edge
of a district that is almost entirely new construction at this point
(several fires, dilapidated structures, etc. that have been
demolished), so I could see that boundary being changed to
exclude the new construction at some point.
Athens, GA Removal of a property from a local district is the same process
as designating with the same need to make a case for why the
roperty should not be included as would be needed if the
reverse were the request. The same public notices and hearing
ould be required. We have had people inquire into this in the
ast but no one has actually gone through with the work to seek
removal yet. It is easier to just live with the designation. Short o
atural disasters wiping out large swaths at the edges of districts,
I doubt a good case can be made for removal of the designation.
Bellefonte, PA o one has tried to be removed from a district. Thinks is should
ot be permitted.
Abilene, TX They would consider removal from the district if any
inappropriate changes had been made over time. The only
removal that has been approved was for a building that was
destroyed by fire.
Elgin, IL Every homeowner is given a copy of the Design Guidelines. In
order to get a transfer stamp, the seller has to have the buyer
sign a form acknowledging receipt of the guidelines.
City of Denton Page 9 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0467, Version: 1
EXHIBITS
l. Ordinance No. 80-030
2. Downtown Square National Registry of Historic Places
3. Resolution adopting Ad Hoc City Council Committee on Historic Preservation
Respectfully prepared and submitted by:
Brian Lockley, AICP, CPM
Director, Planning and Development
City of Denton Page 10 of 10 Printed on 8/28/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
Exhibit 1
Ordinance No. 80-030
No � - 30
.FIN ORDINANCE AMBNAING .APPBNAIX B OF THE CODE OF ORDINANCES, THE
COMPREHBNSIVE ZONING ORDINANCE, OF THE CITY OF DENTON, TEXAS,
SY ADDING TO APPENDIX B A NEW ARTICLE 28A ENTITLEA "ARTICLE 28A
HISTORIC LANDMARK PRESBRVATION", DE�'TNTNG THL TERM HISTORIC �
I,ANDMAItK, CREATING A HISTORIC I,ANDMARK COMMiSSTON AND PROVIIIING
FOR ITS POWERS ANA RESPONSIBILITY, PR�VIDING FOR THE DESIGNA-
TION OF HISTORIC LANDMARKS BY THE CITY AND ESTABLISHING
CRITERIA FOR USE IN D$TBRMINING HTSTORIC LANDMARK DESIGNATTONS,
REGULA'�ING THE REPAIR, RHMOVAL AND DF.MOLITION OR REMOVAL OF
HISTORICAL LANpMARKS, DEFINING THE POWERS AND AUTHORTTY OF THE
PLANNIh1G AND ZONING COh�fISSION OVER HTSTORIC LANDMARKS AND OF
THE CITY COUNCIL, PROVIDING THAT HTSTORIC LANDMARK DESIGNATIONS
SHALL NOT AFFECT PRESBNT ZONING USES, PROVIDING A PENALTY
WHERBAS, the Csty of Denton, Texas has a history and a
heritage unique and different from any other C�.ty �n Texas
which is worthy of c�.vzc pr�de and preservation, and
WHFREAS, the City Council recogn�zes its responsibillty to
preserve and protect places and areas in the City of historacal
and cultural zmportance and significance for the general
welfar� of fihe community,
NOW, THEREFORE, THE COUNCIL OF THE CTTY OF DENTON, TEXAS,
HEREBY ORDAINS
SECTION I
Appendix B oi the Code o£ Ordxnances of the City of Denton,
Texas, the Comprehensive Zoning Ordinance of the City of
Denton, is hereby amended by adding to Append�x B a new Article
28A to hereafter read as follows
ARTICLE 28A HISTORIC LANDMARK PRESERVATION
Sectzon 28A-1 "HISTORTC iANDMARK" DEFiNED
As used in this article, the term "historic landmark" sha11
mean any building, structure, s1te, district, area, or land of
axchitectural, historical, archaeolog�Cal or cultural
import&nce or value, which the city council determines shall be
protected, enhanced, and preserved �n the interest of the
culture, prosper�ty, education and general welfare of the
people
Section 28A-2 DECLARATION OF POLICY
The city couacil hereby iinds and aeclares 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 the culture, prosperity, education
and g�neral welfare of the people The purposes of thls
chapter are
(a) To pxotect, enhance and perpetciate historic landmarks
which represent or reflect distznctive and xmpartant elements
of the city's and state's architectnral, archaeological,
cultural, social, economic, ethnic and political history and to
develop approprxate settings for such places
(b) To safeguard the city's historic and cultuxal
heritage, as embodied and reflected in such historic landmarks
by appropriate regulatzons
(c) To stabilize and impxove propexty values in such
locations
(d) To foster civic pride in the beauty and accomplish-
ments of the past
(e} To protect and enhance the c�ty's attract�ons to
tourists and visitors and pxovide incxdental support and
stimulus to business and industry
(f) To strengthen the economy of the city
(g) To promote the ase of historic landmarks £or the
culture, prosperity, education, and general welfare of the
people of the city and visitors of the city
Section 28A-3 HISTORTC LANDMARKS-DESIGNATION
The city council mxy designate buildings, structures,
sites, districts, areas an� lands in the cxty as h�storxc
landmarks and define, amend and de�ineate the boundaries
thereof The suffix "H" sha11 indicate the zon�ng designation
oi those buildings, struttures, s�tes, districts, areas and
lands which the city council designate as historic landmarks
Such designation shall be Zn addition to any other use
designation established in the comprehensive zoning ordinance
The zoning map shall relfect the des�gnation o� a historic
landmark by the letter "H" as a suf£Yx to any other use
PAGE 2
,�
designatzon estabZished under the comprehensive zoning
ordinance
Section 28A-4 SAME-CRITERIA TO BE USED IN DESIGNATIONS
In making such designatzons as set forth in Section 28A-3,
the City council shall consider, but shall no be limited to,
one or more of the following criteria
(a) Character, interest or value as part of the develop-
ment, heritage or cultural characteristics of the Czty of
Denton, State of Texas, or the Unzted States
(b) Recognition as a recorded Texas histor�c landmark, a
national historic landmark, or entered into the National
Reg�ster o£ Hxstoric Places
{c) Embodiment of distinguishang characteristics of an
architectural type or specimen
(d) Identification as the work of an architect or master
builder whose �naivzdual work has influenced the development of
th� city
(e) Embodiment of elements of architecturai design,
detail, materials or craftsmanship wh�ch represent a
significant architectural innovation
(f) Relat�onship to other dist�nctive bui�dsngs, sites or
areas wh�ch are eligible for preservat�on accordzng to a plan
based on architectural, hzstoric or cultural motif
(g) Portrayal of the environment of a group of peopl� in
an area of history characterrzed by a d�stinctive archztectural
style
(h) Archaeolog�eal value in that it has produced or can be
expected to produce data affectang theories o£ historic or
preh�storic interest
(i) Exemplification of the cultural, economic, social,
ethnic or historical heritage of the city, 5tate or United
States
PAGE 3
(�) Location as the site of a significani historic event
(k) Identification with a person or persons who
signifzcantly contributed to the culture and development of the
city, $tate or United States
(1) A building or structure that because of its Iocation
has become of value to a neighborhood, community area, or the
city
(m) Value as an aspect of community sentiment or public
pride
Section 28A-5 HISTORIC LANbMARK CO�fISSION-CREATED
(a} There zs hereby created a commisszon to be known as
the Historic Landmark Commission of the City of Denton, here-
inafter called the "landmark commzssion," composed of nine
members appointed hy the city �auncil The landmark commission
shall include at least one representative from each of the
following organizat�ons or professions
(�) Denton County Historical Commzssion
(2) The Denton County Bar Association
(3) An Architect
(4) A Certified Public Accountant
(5) An owner of real property in the City
(b) The other members of the landmark commission shall be
appointed from such other individuals and organizations as the
c�ty council may in �ts dzscretion wish to consult or consider,
prov�ded that no one business or professional znterest shall
constitute a ma�ority membershlp of the commission
(c) Members o£ the landmark commission shall be appolnted
Eor two year terms, except that the origznal representatives
From the five fields of exp�rtlse shall serve for a term of two
years, and a11 other orzgxnal members of the landmark
commission shall be appointed for a one year texm Thereafter
all members of the landmark commission shall be appointed for
two year terms Vacancies in an unexpired term sha�l be £illed
by the city council for the remainder of the term
PAG E 4
(d) In addition to the nine members ap�ointed by the city
council, the £ollowing persons or their designates shall szt on
the landmark comm�sszon as ex officio members
1 The Dzrector of Planning of the City of Denton
2 The Building Official of the City of Denton
3 The Chairman of the Denton County H�storicai
Commission
(e) None of the ex oEf�cio members shall have votang
power, but shall assist the landmark commission in its various
functions
(f) The landmark commission shall meet as often as
necessary to dispose of the business of the commission or upon
ca11 by the commission cha�rman or upon petition of a simple
ma�ority of commission members Five members present shall
constitute a quorum for the transact�on o£ business and all
Zssues sha11 be decided by a ma�or�ty of rhose members present
and voting, except that in those instances where only a quorum
of five is present at a meeting, all issues shall be dec�ded hy
at least four affirmative votes The commxssion shall adopt
appropriate rules and xegulations for the conduct of its
business and the election of Zts chairman and other officers
The manutes of each meeting sha11 be tiled �n the office of the
city secretary
(g) The city attorney shall be the legal advisor for the
Historic Landmark Comm�ssion
(h) The fact that one or more representatives from the
five frelds of expertise may not at any given point be a member
of the landmark commission, for whatever reason or reasons,
shall not affect the validity of any decision or act oi the
commission
Sectzon 28A-6 SAME-FUNCTLON
(a) The landmark commxssion shall thoroughly familiarize
itself with buiXdings, structures, sites, districts, areas and
lands within the city which may be eligible £or des�gnation as
PAG E 5
historz� landmarks and shall prepar� an historic landmark
preservation plan, hereinafter referred to as the "preservation
plan," which sha11
(1) Bstablish cr�teria to be used in determining
whether certazn buildings, structures, sites, districts, areas,
lands and other ob�ects should be designated as historic
landmarks
(2) Establish guzdelrnes to be used in determination
of whether to grant or deny certificates of appropriateness and
certificates o£ demolition or remova�
(3} Formulate a program for private and public action
which wi11 state the role of various city agencies in
preservation of histox�c landmarks
(4) Suggest sources of £unds for preservatxon and
xestoratlon activities and acquisitions, to znclude federal
sources, state sources, private and foundation sources, as well
as municipal sources
(5) Recommend to the proper agencies inc�ntives
designed ta encourage hxstorical preservation
(b} ��e preservation plan shall be presented to the city
planning commission for consideration and recommendation to the
c�ty council for xnclusion in the comprehensive plan oi the
C�ty
(c) The landmark commission shal� recommend to the city
planning commission oxdinances designatxng certain buildings,
structures, sztes, districts, areas and lands in the city as
historxc landmarks The landmark comm�ssion shall hold a
public hearing on all proposed ordinances and the owner of any
land incZuded in the proposed ordinance shall be given at least
ten days written notice of the public hearing
PAGE 6
(d) If the landmark commission finds that buildings,
structures, sites, d�stricts, iands or axeas cannot be
preserved without acquisitian, the landmark Commiss�on may
recomm�nd to the czty council that the fee or a lesser interest
o£ the property in questaon be acquired by gift, devise,
purchase, em�nent domain or otherwise, pursuant to the c�ty
charter and state and federal law
(e) Where there are conditions under which the reqaired
preservatlon of a historic landmark would cause undue hardship
on the owner or owners, use district changes may be recommended
by the landmark commission
(f) The designation of a historic landmark may be amended
or removed using the same procedure prov�ded in this article
for the original designation
(g) The landmark commission shall provide information and
counseling to owners of designated hlstoric landmarks
SeCtion 28A-7 ACTION BY THE CITY PLANNING COMMISSION
(a) The city plann�ng commxss�on shall hold public
hearings as provided for in Article 1011f, Vernon's Annotated
Texas Statutes, to consider any historical Zandmark designation
ordinance after receiving a recommendatzon for the landmark
commission The notices provrded for in Article 1011f shall be
sent to all owners of property which is proposed for "H"
designation as well as to the ad�oining property owners
specifaed in said article
(b) Within thirty days after the hearing, the c�ty
planning commission shall set forth in wr�ting its recommen-
dat�on, including the findings of fact that constitute the
basis for �ts decxs�on, and sha11 transmit its recommendatzon
concerning the propased ordinance to the clty council along
with the recommendation of the landmark commission
Section 28A-8 RECORDING OF DESIGNATION
Upon passage of a historic landmark designation ordinance,
by the City Counc�l, the c�ty secretary shall f�le a copy of
PAGB 7
the ordinance with City and Aenton County Tax Assessors
together with a notice briefly stating the fact of the
des�gnatzon and shall send a copy of such notice to the owner
or owners o£ the affected property by certified mail
Section 28A-9 EXTERIOR ALTERATIONS AND CHANGES-C�RTIFICATE
OF APPROPRIATENESS, ORDINARY REPAIR OR
MAINTENANCE, APPEAL
No person or entity shall construct, reconstruct, alier,
change, xestore, remove or demolish any exterior archztectural
feature of a designated h�storzc landmark unless application be
made to the Zandmark commission for a certificate o£
appropriateness and such a certificate be granted As used in
this article, the term "exterior architectural feature" shall
include but not be limited to architectural style and g�neral
arrangement of such portion of the exterior of a structure as
is des�,gned to be open to va�ew from a public way
(a) Procedure when building permit is required
(I) When applyang for a build�.ng permit for the
exterior of a designated historic landmark, the appZacant shall
submit two copies of all detailed plans, elevations, perspec-
tives, specifications and other documents pertaining to the
work to the building official, who shall £orward such
applicatzon to the commiss�on cha�xman Any applzcant may
appear at a regular or special meeting of the landmark
commission before subm�tting an application and may consult
with sai8 commission during the review of the permit
appl�cation
(2) The landmark cammission, upon ten days written
notice to the appl�cant, shall hold a h�aring on the appli-
cation Upon review of the application, xf the land�ark
commission finds the proposed work of a nature which will not
adversely af£ect any significant archltectural or historlcal
feature of the designated historic landmark, and is appropr�ate
PAGE 8
and consistent with the spirit and purposes of this artxcle, zt
sha11 forward a certificate of appropriateness to the builarng
officlal aftex the public hearing and the building official
shail so advise the applicant a£ter the certif�cate is receaved
(3) I£ the landmark commzssion finds that the pro-
posed work wi11 adversely a£fect or destroy any significant
architectural or historical feature of the designated historic
landmark or is inappropriate or inconsistent with the sp�rit
and purposes of this article, it shall notify the bu�lding
official that th� apglication has been disapproved and shall
notz£y the appl�cant of the disapproval and o£ the changes �n
the application which are necessary to secure the approval of
the application
(4) Zf no action has been taken by the landmark
comm�ssion within sixty days oE original receLpt by the
landmark commission, a certificate of appropriateness shall be
deemed issued by the landmark commission, and the building
official shall so advise the applicant
(5) No change sha11 be made in the application for any
building perm�t after issuance of a certificate of approprxate-
ness without resubmittal to the landmark commission and
approval thereof an the same manner as provided above
(6) After a decision is reached by the landmark
commission deny�ng an applzcatxon £or a cert�£�cate of appro-
priateness, a resubmittal of application will not be accepted
for addrtional hearing within a twelve-month period from the
date �f final decision except upon written request by the
appl�cant �ndzcat�ng that there has been a change zn conditzons
or that all changes in the application as recommended by the
landmark commission have been made
(b) Procedure when bu��dxng permit �s not requ�red
(�} Thase proposed exterzor changes and alterations
not re�uiring a building permit shall be submitted sn writing
PAGE 9
directly to the historic landmark commission for a cert£icate
of appropriateness whzch must be granted before such work can
be undertaken
Applacant sha11 submit a copy of all proposed alterations
and changes to the commission The application must
spec�fzcaily describe the alteration or change proposed Any
applicant may apgear at a regular or special meeting of the
landmark commission before submitting an appl�cation and may
consult with said commission during the review of the
application
(2) The landmark commission, upon ten days wrxtten
notice to the applicant, shall hold a hearing on the
applicatzon Upon review of the application, if the landmark
commission flnds the proposed work of a nature which will not
adversely af£eCt any significant archztectural or historical
feature of a designated historic landmark and is appropriate
and consistent with the spirit and purposes of th�s article, �t
sha11 forward a certificate of appropr�aten�ss to the applicant
within thirty days of the receipt of said application
(3) I£ the landmaxk comm�ssion finds that the pro-
posed work will adversely affect or destroy any significant
architectural or historical feature of the des�gnated hzstoric
landmark or is inappropriate or inconsistent with the spirit
and purposes of thzs article, it shall noti£y the appZicant
w�thin thirty days of receipt of sa�d applzcatzon that the
appl�cation has been disappxoved and shall include in such
notification the changes necessary to secure approval of the
application
(4) If no action has been taken by the Iandmark
commission within sixty days of the xeceipt of the applxcatzon,
a certxf�cate of appropriateness shall be deemed issued by the
landmark commission
PAG� 10
(5) No change shall be made zn the application for
issuance of a certiflcate of appropriateness without
resubmittal to the landmark comm�ssion and approval thereof in
the same manner as provided above
(6) After a decision zs reached by the landmark
commission denying an appZication for certificate of
appropriateness, a resubmittal of application will not be
accept�d for additional hearing within a twelve month perzod
from the date of final decision except upon written request by
the applicant indreating that there has been a �hange �n
conditions or that all changes in the application as
recomm�nded by the landmark commission have been made
(�} Ordxnary repalr or maintenance
Ordinary repair or maintenance wh�ch does not involve
changes in architectural and historic value, style or general
design is exempt from th� provisions of this section
(d) Appeal
Any appliCant or Ynterested person aggrieved by a
ruling of the landmark commission under the provisions o£ this
section may, within thirty days after the date of such ruling,
appeal to the city council
Section 28A-10 HISTORIC LANAMARKS-DEMOLITTON OR REMOVAL
(a) I£ an applzcat�on is received for demolition or
removal of a designated historic landmark, the building
official shall immediately forward the application to the
landmark commission The landmark comm�ssion shall hold a
publxc hearzng on the application within thirty days after the
applic�tion is initially filed with the building of�icial The
applicant shall be given ten days written notice of the
hearing The landmark commission shall consider the state of
repair of the building, the reasonabieness of the cost of
restoration or repair, the existing and/or potential
usefulness, incZuding economic usefulness of the building, the
purposes behind preserv�ng the stru�ture as a historic
PAGE 11
landmark, the character of the ne�ghborhood, and alZ other
factors it finds appropriate If the landmark commiss�on
determines that 1n the interest of preserving hastorical
values, the structure should not be demolished or removed, it
shall notxfy the building offlcsal that the application has
been d�sapproved, and the building official shall so advise the
appllcant within five days therefrom If the landmark commis-
sion determines that the interest of preservrng h�storical
values will no� be adversely affected by such demolishment or
removal or that the interest of preservLng historical values
can best be served by the removal vf a structure to another
specif�ed location, it shall issue its certificate of
demolition or i�s certificate of removal, as may be appro-
pxiate, to the building official, and the build�ng official
shall so advise the app�xcant wxth�n �ive days therefrom
(b) If no action has been taken by the landmark commission
within stxty aays of original receipt by the landmark commis-
sion of the applicatlon, a certif�cate of demolition or a
�extz£icate of removal shall be deemed issued by the landmark
commrssion and the buiZding official shall so adv�se the
applicant
(c) Aftex a dec�sion is reached by the landmark commission
denying an application for a certrficate of demoZition or a
certificate of removal, a resubmittal of application for such a
certificate will not be accepted for additional hearing within
a twelve-month period from the date of final decision
(d) Any applicant or the owner of any property located
wxthin three hundred feet of any landmark who �s aggrieved by a
ruling of the landmark commission concerning same lan�mark
under the prnvlsxon o£ Lhis sect�on may, wzthin sixty days
after the ruling of the landmark commissron, appeal to the city
council Following a public hearing to be held within thirty
days of the filing of a notice of such appeal with the city
secretary, the city council may, by a simple ma�ority vote,
PAGE 12
uphold or overturn any ruling of the landmark comm�ssion made
pursuant to this sactzon
Section 28A-11 PROCHDURE FOR OBTAINING BUILDING PERMIT,
REMOVAL PERMIT, DEMOLITION PERMIT ANb POR
ALTERING THE EXTERIOR OF A BUILDING OR
STRUCTURE DURING PENDENCY OF CONSIDERATIOH
OF SUCH BUILDING OR STRUCTURE AS A HISTORIC
LANDMARK OR AS PART OF A HISTORIC LANDMARK
(a) From and after the date on which the question of
whether or not any building, structure, or site within the City
should be designated as a historic landmark is placed upon the
agenda for any special or regular meeting of the landmark
comm�ssion, or from and after the date on which such agenda is
posted in accordance with the provision of Article 6252-17,
V A T C S, as amended, or from and after the date that the
landmark commiss�an appxoves or recommends a preservation plan
or any amendment of any exxsting presexvat�on plan which
embraces or includes the buila�ng, structure, or s�te within
the city, whichever date first occars, na building permit
allowing the construction, reconstruction, alteration, change,
restoxa�zon, removal or demolition of any exterior
arch�tectural feature of anp building or structure than
existing including or embraced in whole or in part within the
scope of such agenda consideration or such preservation plan or
such amendment theraof, as the case may be and no permit
allowing the demolition or removal o£ all or any part of any
such building ar structure may be issued by any offrczal of the
city, nor if no such permit is required, may any person or
ent�ty consfiruct, reconstruct, alter, change, restore, remove
or demolish any exter�or arch�tectural feature of any such
building or structure, until the earliest of the following
conditions have been met
(1) A final and binding cert�ficate o£ appropriate-
ness, removal or demolition, as may be appropriate, has been
issued by the landmark commiss�on,
(2) The landmark commission fails to make a recommen-
dat�.on that some part or all of any such buzlding or structure
PAGB 13
be designated a historic landmark or be included wxth3n a
historic landmark or within a preservation plan or an amendment
thereo� with�n sixty days following the earliest of the ahove
described dates activating thzs section application under the
circumstances, or,
(3) A final and binding deciszon has been made by the
city council that no part of any such bui�ding or structure
shall be des�gnated a historic landmark or shall be zncluded
within any des�gnated historic Iandmark Provided, however,
that should the city council fail to act within ninety days
from the date an appeal is filed, the requested permit shall be
granted The ninety day time limitation may be waived by the
appellant to allow the city council an add�tiona� thirty days
in which to act
(b) Tt shall be the duty of the landmark commiss�on to
furnish the building oificial with a copy or written notice of
each such written order or such agenda or such preservation
p�an or amendment thereof, as the case may be, as promptly
aftex the prepara�zon thereof as is practicable The failure
to so furnish the building official wlth a copy or wr�tten
natice thereof, however, shall not have the eFfect of
val�dating any b�ild�ng permit, removal permit or demolztion
permxt issued in ignorance of any such written order or
agenda In any instance in which any such perm�t may not be
required, �t sha11 be the duty of the landmark commissian to
gzve notice of any such written order or such agenda or such
preservation plan or amendment thexeof to the owner or owners
of any building or structure included within the scope thereo£,
which not�ce shall be deemed complete when actualZy given,
orally or in writing, to such owner or awners, or when written
not�ce thereof is deposited in the United States mail, postage
pxepa�d, certifzed or registered, with return receipt
reques�ed, addressed to such owner or owners, whichever event
first occurs
PAGE 14
(c) Any permit issued to any person or entzty from or
a£ter the date of any such written order, or such agenda, or
the approval or recommendation of such preservation pZan or
amendment thereof, as the case may be, shall be null, vozd and
of no force or effect until the earliest of the events
described in sabparagraphs (1), (2) ana (3} of subsection (a)
next above to occur
(d) Notwithstanding any other provision of this chapter,
no buildyng permit, removal permit or demoZition permit sha11
be �ssued by the building inspector for any structure located
in a National Register District except as authorized by the
subsection The building inspector shall notify the landmark
commission fmmediately of any application requesting a building
permit, removal permit or demolit�on permit for a structure
located in a National Register District No such permit sha�l
be �ssued by the building inspector before the Iandmark
commission has made a recommendation or scheduled the structuxe
on its agenda or before the expiration of forty (40) calendar
days, whichever is sooner If a structure is made an agenda
�tem, it shall �e scheduled for a public hearing as soon as
ad�acent property owners are notlfiea For purposes of this
subsection, "National Register District" is defined as a
designated area possessing a signiflcant concentration, linkage
or cont�nuity o£ sites, building structures or ob�ects which
are separated geographically but are linke� by association or
history, provided, �hat no area may be considered a National
ReglstEr District for purposes of this subsection unless it has
been designated zn the Federal Register pursuant to the
National Preservation Act of 1965, as amended, prior to the
effective date of this amendment, and until maps depicting such
area are made available for inspection by the public in the
offzce of the Building Inspection Department Notwithstanding
any provision hereof, this section shall not apply to
geographica� areas designated as historic distrzcts under the
provisions o£ thss ordinance
PAGE 15
Sect�on 28A-12 SAME-OMISSION OF NECESSARY REPAIRS
(a) The exterlox o£ a des�gnated h�storic landmark shall
be maintained to insure the structural soundness of such
landmark
(b) Tf th� landmark commission finds that there are
reasonable grounds to believe that a designated historic
landmark zs structurally unsound or in imminent danger of
becoming structurally unsound, the landmark comm�sszon shall
notify in writing the owner of record of the designated
historic landmark of such fact
(c) Upon the giv�ng of ten days wrztten notice io the
owner of record of such designated historic landmark, the
landmark commission shall hold a public hearing to determine if
the designated historical building is structurally unsaund or
in imminen� danger of becoming structurally unsound The
landmark commission's report may include evidence of economic
hardshxp or wilZful neglect
(d) At the conclusion of the hearing, if the landmark
commission finds that the des�gnated h�storic bu�lding is
structuraZly unsound or in danger of becoming structurally
unsound and that no valid reason exists as to why the owner
cannot or should not undertake to safeguard the structural
soundness of the building, it shall �n wxzting notify the
record owner of the finding
(e) The owner of record of a designated historic landmark
who has been notzf�ed by the landmark commission that such
landmark is structurally unsound or zn danger o£ so becomxng
shall with�n ninety days of receipt of such notice, satisfy the
histor�c landmark commission that reasonably necessary repairs
to safeguard the structural soundness of the landmark have been
eftect�d
(f) Tf the landmark commission determ�nes that the
buildrng is struct�rally unsound hut there are valid reasons
why the owner cannot or should not undertake to safeguard the
structural soundness of the building, it shall forward to the
PAGE 16
city council its recommendation as to what action, i£ any,
should be taken on the structure
(g) Any app�icant or interested person aggrieved by a
ruling of the landmark commxss�on under the provisions of this
section may, within thirty days after the date of such ruling,
appeal to the city council
SeCtion 28A-13 HISTORIC LANDMARK DESIGNATION TO
COEXIST WITH OTHER USE CLASSIFICA'fIONS
Use classi£ications as to all property which may be
included in a historic landmark designation shall continue to
be governed by the comprehensive zoning ordinance of the city
and th� procedures therein establ.ished
Section 28A-14 HISTORIC DISTRICTS DEFINEB, RESTRICTIONS
IMPOSED THEREIN, CRITERIA FOR DISTRICT
BOUNDARIES ESTABLISHED, REQUISITES FOR
APPLIGATIONS FOR DISTRICTS SET FORTH,
CRITBRTA FOR EVALUATING SAME PROVTDED,
DTSTRTCT PRESERVATTON PLANS DEFINED, MIS-
CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF
LANDMARK COMMTSSION SET FORTH, PROCEDURE
FOR MODIFICATION OF ORDINANCE PROVISIONS
LSTABLTSHED
{a) DEFINITION Districts which may be designated
Historic Landmarks pursuant to Section 28A-1 shall here�n be
referred to as "HISTORIC DISTRICTS" and shall mean
geographzcaJly definable areas, possessing s�gnrficant
concentration, linkage, or continuity of bua3.dings, structures,
sites, areas or land which are united by architectural, his-
torical, archaelogical, or cuitural amportance or szgn�£icance
(b) RESTRICTIONS All buzldings, structures, sites, areas
or lands Iocated with a designated historic district, whether
individually dasignated historic or not, are sub�ect to these
regulations No person pr entity shall construct, reconstruct,
alter, change, restore, remove or demolish in any way the
exterior features of such building, structure, or s�te, area or
land until a permit has been granted by ihe building official
o£ the C�ty o£ Denton Furthermore, no public improvements,
including, but not limited to, street constructzon, signs,
lighting, sidewalk construe�ion, parking facilities and traffic
PAGE 17
system changes, except traffic control signs and devices, shall
be made within or affecting a historic district without
approval of the city council after recommendation has been
submitted by th� landmark commission and appropriate city
departments
(c) DISTRICT BOUNDARIES The boundaries of historic
districts sha11 be drawn so as to �nclud� a11 bulldings,
structures, sit�s, areas or lands which meet one or more of the
criteria set out in Section 28A-� herezn or whzch directly
affect or relate to such buildings, stractures, sites, areas or
lands meeting on one more of the Section 28A-3 criteria,
provid�d that at least 51� of the total structures within the
boundarzes are of architectural, historic, archaeological, or
cultura� �mpartance or value
(d) ESTABLISHMENT OF HISTORIC DISTRICTS
(1) Applicatzons for conszderation of a h�storxc
distri�t shall be based upon architectural, historical,
archa�ological or cultural importance or value and accompanied
by a report to the landmark commission containing the following
informaiion
{a) A lzst of speCifiC buildings, structures, sites,
areas or lands of importance or value located w�thin the
propos�d district boundarzes and a description o£ the
particular importance or value of each such building,
structure, site, area or land
(b) A map showing the boundaries of the proposed
historital distrxct drawn to a scale of 1"-200', and the
location of each structure of importance or value identified by
a number or Ietter designation
(c) Sufficient photagraphs of each building,
structure, site, area or land of importance or value showing
the condition, color, size and architectural detail of each,
and,
PAGE 18
(d) A description of each buxlding, structure, site,
area or land of importance or value showrng the condition,
color, size and architectural detail of each, and where possible
1 date of construc�ion
2 builder or architect
3 chain of uses and ownership
4 architectural style
5 materials
6 constructzon technzque
7 recogn�tzon by State or National Government as
architecturallp ar hzstorically significant, if so
designated
(2) Application for establishment of an histor�c district
on the basis of cultural or archaeological importance or value
shall be accompanied by a report containing the £ollowing
inf ormati on
(a) A map showing the boundaries of the proposed
district drawn to a scale of 1"=200',
(b) A description of the cultural or archaeolog�.cal
importance or value of the building, stru�ture, site, area or
land being proposed for hxstorzc designation, and
(c) Any evidence which would show recognition by
either the State of Texas and/or the National Government
(3) Applications to increase the boundaries of an historic
da.strzct may be made if one or more of the following conditions
are met
(a) When buildings, structures, sites, areas or lands
of importance or value are related to the distract are requested
for inc�usion
(b) When facts prev�ously undisclosed to or unknown by
the landmark commission are revealed wh�ch indicaie that a
particular buxlding or site is possessed of special
archxtectural, archaeological, cultural. or historical importance
or value
PAGB 19
(4) Applications to reduce the boundaries of an historic
distr�ct may be made when one or more oi the following
conditions have been met
(a) When it can be shown that a particular building,
structure, site, area or land has no historic, architectural,
archaeologiCal or cultuxa� �mpoxtance or value to the viability
of the district
(b) When exclusion of buildings, structures, sites,
areas or lands is necessary for ma�or new development that would
support e�thex the axchztectural, histox�cal, archaeolog�cal, or
cultural character or econom�c viability of the district
(c) When it can be shown that no degradation of the
dzstrzet e�ther physical, historical, architectural, archae-
oingi�al, or cultural wi11 result from exclusion of property
from the district
(5) Application for inclusion or exclusion may be made when
e�ther contznued exclusion or inclusion of pro�erty within the
d�strict would render zt an econom�cal hardhsxp �ox reasonable
continuation in its present exterior form In order to
establish such economic hardship, the owner must show that no
reasonable alternative use exists which allows the exterior af
the building to remaan in its original style In evaluating
economic reiurn, the Commission may request the owner to
document the value, rents, returns, tax burden, and/or
contracts, pertaining to the property
(e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS
In evaluating applications for historic drstricts, the
landmark commission shall consider Sections 28A-3 and Section
28A-13(d) �f the landmark commission recommends the
establishment of an historic distxict or dxstricts, it shall
cause to be prepared an historic district designation ordlnance
whlch sha11 contain, but not be limited to, the £ollowzng
(1) A statement of purpose setting forth the
commiss�on's reasons for recommend�ng designation of the
district, and
PAGE 20
�
(2) A legal description of th� boundaries of the
distr�Ct,
(3) Maps, charts and photographs of the buzldings,
structures, sites, areas, ox lands located w�thin the dzstrict,
(4) F�ndings that support the critexia required in
Section 28A-3 and 28A-13, if applicable, that establishes the
particular �mportance or value of the distxict
(5) Recommendations for the protection and preser-
vation of the district refexred to herein as district
preservation plan
(f) DISTRICT PRESERVATION PLAN
The dlstrict preservation plan shall include, hut shall
not be limrted to the following
(1} Zoning Classificatzon of Uses The commiss�on may
examine the uses existiing within the district �n terms of their
individual and continued effect upon the character, safety,
economic and physical impact o£ the district and may recommend
such changes in zoning, height and area reguiations
{Z) Building Code Requirements The commission may
rev�ew and recommend any amendments to the bu�lding regulations
it feels necessary to preserve the arch�tectural and historzc
integrzty and authenticity o� structures within each such
district
(3) Sign Regulations The Commission may review the
provisions of the s�gn regulations that are permzssible within
each such dlstrict and recommend such alterations in size,
location, type and construction they feel appropriate In
prepax�ng such recommendations, the Commission sha2i consider
existing signs as well as criteria for future signs In the
event that an existing sign or signs are deemed to have a
negative zmpact on the character of the district, the Commission
may recommend a method o£ removal or improvement of such sign or
signs, reviewing such sign changes with owners or tenants prior
to such recommendation
PAGE 21
(4) Parking Regulations The commission may review
the p�xk�ng regulations in ex�stence in the district and
recomm�nd any changes in numbers, or locatzan of on-street and
off-street parking requirements it feels necessary to enhance
the district It shall review the adequacy of parking
facilzties in or affecting the district and may offer recom-
mendations for such public and/or private parking lots, garages
or structures it deems to be in the best overail interest of the
distri�t
(5) Architectvral Regulations As a guide for those
seeking a certificate of appropriateness pursaant to Section
28A-8, the historic landmark co�mission may, in conformance with
the �pplicable zoning classi£ication, height and area
limitation, and in keeping with the significant architectural,
historical, archaeological or cultural elements of each such
d�stri¢t recommend regulations affecting the exterior of the
buildimg, including, but not limzt�d to, the following
(a) Acceptable materials for new construction such as
stucco, masanry, metal and glass curtain,
(b) Appropriate architectural character, scale and
detail £or new construction,
(c) Acceptable appurtenances to new and existing
struct�res such as gables, parapets, balconles and dormers,
(d) Acceptable textures and ornamentation such as
paznt colors and types, use of wood, stone, metal, plaster,
plasti�s and other �an-made mater�als, use of shutters, wrought
and cast xron, fznxshes of inetal, �olors of glass, such as
silver, gold, bronze, s�oke, and other details or architectural
ornamemtation
i
(e) Acceptable accessoriss on new or existing
structWres such as lxght fixtures, gas lights, canopies,
exterior carpentry, tile or wood, banners, £lags and
pro�ections, and
PAGE 22
(f) For those properties which are sites, areas,
lands, buildings, structures, or vacant lots which are not of
hlstorical, arch�tectural, archaeologzcal or cultural importance
or value, development or xedevelopment may be at the owner's
discretion as long as there �s no variance from the historic
district pr�servation plan to materials, scale and detail,
agpurtenances, textures, ornamentation and accessories, and the
owner complies with exist�ng regulatzons In these instances,
no review by the landmark commission would be required, and no
certificate of appropriateness would apply
(6) Translt and Traffic Operations The commission
may review the transit and traEfic operations in and through the
distriCt and provide recommendat�ons to the urban transpartatxon
department and city council on routes, schedules, one-way and
two-way street patterns, park and rise, shuttZe services and
pedestrian facilities that will enhance and preserue the
character of the district
(7) Public Improvements The landmark comm�ssion may
recommend to the city council acceptabie public architecturai
and engineering des�gns including street lighting, street
furniture, signs, landscaping, utality facilites such as
electric poles and wires, telephone lines, �esign textures of
sidewalks and streets, such as brzck, stone and ti1e, and such
other elements as deemed necessary for enhancement and
preservation of the district
(g) Admin�strative Requirements of Landmark Commission
(1) When a h�storic landmark commiss�on considers an
area as a possible hYStoric district, it shall, prior to
rendering its final recommendation xnd report, subm�t its
report, including the district preservation plan or any proposed
ordinance amendments to all city departments, boards and
commisslons and other public agencies directly affected
(2) In addition, it sha11, and przor to rendering its
final recommendaiion, make the plan ava�lable to the landowners
�n the pxoposed district In the event the area under
PAGE 23
consideration has establ�shed an h�storic district commattee,
the commission may include the cornments of such comm�ttee in its
final raport If appropriate and desired, the commission should
recommend that the c�ty council adopt the restrictions to assure
that iuture public investment compl�es with the term af the
district
(3) Commisslon approved medallions for designated
structures withzn the district shall be prepared and, sub�ect to
the approval of the owners, may be a£fixed to the "H" des�gnated
structures
(h} Changes in Provisions herein Such regulat�ons,
restrictions, and boundaxzes may from tzme to time be amended,
supplemented, changed, modified, or repealed In case, however,
o£ a written protest agaLnst such change, ssgned by the owners
of twenty percent or more either of the area o£ the lots or land
included in such proposed change, or of the lots or land
immediately ad�oining the same and extending 200 feet therefrom,
such amendment shall not became effective except by the
favorable vote of three-fourths of all members of the city
council
SeCtion 28A-15 PENALTY
(a} It shall be unlawful to construct, reconstruct,
structurally alter, remodel, renovate, restore, demolish, raze,
or mainfiain any building, structure, or land in a historic
landmark designation in violation of the provisions of this
ordinance, and the city in addition to other remedies, may
institute any appropriate action or proceedings to prevent such
unlawful construct�on, xestoxation, demolition, razing, or
mazntenance, to restxain, correct, or abate such v�olation, to
prevent any illegal act, business, or maintenance in and about
such pre�ises
(b) Aay person, firm, or corporation violating any
provisions o£ thzs chapter shall be guil.ty of a misdemeanor, and
sha11 be deemed guilty o£ a separaie offense for each day or
PAGE 24
portion thereof during wh�ch any violatzon hereo£ �s comm�tted,
continues or is permitted, and upon conviction of any such
violation sha11 be punishable by a fzne not to exceed two
hundred dollars
SeCt�on 28A°16 NOTICE
Any notice required to be grven under this t�tle, if nat
actually delivered, sha11 be given by depositing the same in the
United States mail, postage pzepaid, addressed to the person or
entity to whom such notice is to Ue given at his last known
address When notice is required to be gaven to an owner or
owners of property, such notice, delivered or mailed by
certified or registered mail, may be addressed to such owner or
owners who have renderad �heir said property for city taxes as
the ownershzp appears on the last approved czty tax roll
SECTiON II
This ordinance shall become effect�ve from and after its
date of passage and publication as reqaired by law
PASSED AND APPROVED thi s the � day of ��/��i�. ,
,
19�
�i%/�,_
�� , _/�.
F: i i A T. G►� %�.y :: f � l a F[1l .
ATTESP
0 HOLT, IT S RETARX
TY pF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY
ATTORNEY, CiTY OF AENTON, TEXAS
BY �
¢-1 �'d
PAGE 25
Exhibit 2
�ar�s�p���,�-�a-� National Registry of Historic Places - Downtown Square aa�an�����raa.,a�a-o���
i�-e61
�I!ilt�ti �`r$�'��� �'����i'�CiY��11� �"� '��'1� �6"1'��'�"I+�f
�I���+�i��� F���'�� aGl'1/NC�
� �M' �, ' "^ ,� �. � � w� � .
� � 1� �' ^
��c�ir�t� 7 P��� 6
I7��r��€�r� Cour�ty Co��i�tl���bse ,�����tr� H7stc�r�c P�z�Ei-ict
I���Lton, �ei����a Ga�anty, Tex�s
I)eL��xto�r�� �:�r�unty �:eri�art��rartse Sq�uare Hostoric� �istrict — L7e�rt�aa�, "�exas
+�
i i
,��CCItl1 "St!"PPd �•. mm•. •^,�• ^ —. —. — — —' �
�----_�.�.....��.. fl
, .. , ���� �
� ��,� „��
� W_ . _,.N��,M�. ,� � � �
r � �r�w���ti' � � � �, � � � � ��r �o� ��
�. IN _w._.. ...._m..� - I
I� 4k'�e'tt [)irk Stretl
�
I
� :����a�ra V�:� ',
G t'� '
�
� �V7
�
� ����
� --- 118
� � �x�
Ci 115..._
I
(
I
I �
I �
�
�
� — —
I
Elistaeic I]isxrict — — — — -
C:anari�citin�; I'r�i�erties �
hPr,��CordiriLu�i���;C"ru�craies � �
w— ...._w.w
n
�...w
p, �."�AAri�"t�i+��r�` .�� �
�
� �.W� � �
s: [s
A�
� w�s-w��
f tl�a �
� IV� �
�
h BI�-l12 �
14R�b , I �
� �
� ��� �
tas� �
�rrz
� �� ! � �
ti�lert Ffrrlrary ;S°tr�°et �
. �
...,..,..,.__,.._ �
�� �' � ``" � I� � a_
�a 1�}M �
�, �. � I
�
� . , llifll7lfl.SiFCeI — — ,-- � .... �� �— — —
R
, I I I
w �
s
� C�a�nfer9er;�ac� hdunun�er�t
� f.ar:��c erf]'cy6rn 13. L7r:mta�a�
(k9t11 re:Inttmt�ntj�
� L7ci�i¢aia E�:ow�iay� AI1-AYlnr h�emc��rl:�l
� �YJC�i1 tiidtyvalks
l..ai�Le C�-.4nrwr`mr<r, /r�e��.
I+«�Enk> 1: �:ontri6tr�ti��gll�att-�niu�ri�uti��g �9�e� c�f l7�nCr�i�x E�.aiMr-�t�� C��bctEza�ise Sq�d,xre His�trrr�ic �is�ci,ct
s:\legal\our documents�resolutions\14�resolution creating ad hoc council committee on hlc matters (2).docx
Exhibit 3
Resolution
RESOLUTION NO. R2014-029
A RESOLUTION CREATING AN AD HOC CITY COUNCIL COMMITTEE TO
1NTERFACE WITH THE HISTORIC LANDMARK COMMISSION AND REVIEW THE
OPERATIONS, PROCEDURES, POWERS, DUTIES, POLICIES AND REGULATIONS
RELATED TO HISTORIC LANDMARK PRESERVATION AND HISTORIC DISTRICTS IN
THE CITY OF DENTON, TEXAS AND TO ADVISE THE CITY COUNCIL WITH REGARD
TO THESE MATTERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of Denton places the highest value on the preservation of
the City's precious historic landmarks and districts; and
WHEREAS, the City Council recognizes fully the contribution historic preservation
makes to the City's culture, heritage, and identity; and
WHEREAS, the City has been well served by the selfless devotion of its Historic
Landmark Commission since its inception; and
WHEREAS, the City Council desires to continue the City's traditions of historic
preservation and strengthen the processes and regulations making such preservation possible;
and
WHEREAS, the City Council of Denton has determined that it would be advisable to
create an ad hoc City Council Committee to provide recommendations to the City Council and
an interface with the Historic Landmark Commission; and
WHEREAS, the City Council of Denton has determined that it is advisable that the ad
hoc City Council Committee shall be dissolved upon the completion of the work as outlined
below; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council hereby establishes an ad hoc committee to be called the
City Council Historic Landmark Committee. The Committee shall be composed of three (3)
members of the City Council to be appointed by the Mayor and approved by the City Council.
The City Manager, or his or her designee, will provide guidance and assistance to the Committee
and be responsible for insuring that records are maintained in accordance with the requirements
of the City Secretary's Office. The Committee members shall serve at the pleasure of the City
Council until successors are duly appointed by the Mayor and approved by the Denton City
Council. The presiding officer of the Committee shall be chosen annually by the Committee.
Members of the Committee must be current elected City Council members of the City of Denton,
Texas.
SECTION 2. The duties and purpose of the Committee shall be to review, consider and
make recommendations to the City Council as to any necessary changes with regard to the
operations, procedures, powers, duties, policies, and regulations related to the Historic Landmark
s:\legal\our documentsUesolutions\14�resolution creating ad hoc council committee on hlc matters (2).docx
Commission and historic landmark preservation and historic districts in the City of Denton. The
Committee shall proceed with its assigned duties in collaboration with the Historic Landmark
Commission.
SECTION 3. Upon completion of the assigned tasks, the City Council Historic
Landmark Committee shall be dissolved without further action of the City Council.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ��� day of ���������m, 2014.
�
���� , " � ��
� r- � �� �
��IT�.I� WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
t��'PI��"�1 �C) AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
t � ''��
� `� � r
,,..
BY: ,,��•,, � �� �� ���� �- �, � , �