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2017-09-11 Agenda with BackupAgenda Historic Landmark Commission September 11, 2017 The Historic Landmark Commission of the City of Denton, Texas will convene in Regular Meeting on Monday, September 11, 2017 at 5:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE: A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas one state under God, one and indivisible.” 2. ACTION ITEMS: A. Hold a public meeting and consider an application for a Certificate of Appropriateness to demolish the house located at 2218 West Oak Street. The site is generally located on the north side of West Oak between Bradley Street and Thomas Street. (COA17-0003, 2218 West Oak Street, Roman McAllen) B. Hold a public meeting and consider an application for a Certificate of Appropriateness to install a window in the home located at 619 Pearl Street. The site is generally located on the southeast corner at the intersection of Denton Street and Pearl Street. (COA17-0007, 619 Pearl Street, Roman McAllen) C. Hold a public meeting and consider an application for a Certificate of Appropriateness to paint signs on the building at 123 North Elm Street. The site is generally located on the southwest corner of the intersection of North Elm Street and West Oak Street. (COA17-0008, 123 North Elm Street, Roman McAllen) D. Hold a public hearing and consider making a recommendation to the Planning and Zoning Commission and City Council regarding repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, and adding Section 35.3.15.1, Historic Preservation Procedures to the Denton Development Code. (DCA17- 0009, Historic Preservation Code Amendments, Roman McAllen) 3. HISTORIC LANDMARK COMMISSION PROJECT MATRIX A. Historic Landmark Commission project matrix. 2 4. CONCLUDING ITEMS: A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Historic Landmark Commission 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. 5. ADJOURN: 0B CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2017 at o'clock (a.m.) (p.m.) _____________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM, 215 E. MCKINNEY, IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN 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 INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Action Item 2A Planning Report 2218 West Oak Street-Demolition COA17-0003 Historic Landmark Commission September 11, 2017 REQUEST: Hold a public meeting and consider an application for a Certificate of Appropriateness to demolish the house located at 2218 West Oak Street. The site is generally located on the north side of West Oak between Bradley Street and Thomas Street. (COA17-0003, 2218 West Oak, Roman McAllen) APPLICANT/OWNER: Randy L. and Mary Park BACKGROUND: This item was continued from the August 14, 2017, HLC meeting, during which a site visit of the house was conducted. The applicant is proposing to demolish the house located at 2218 West Oak Street. The applicant has owned the home since 2010 and has not indicated future plans for this specific site. A COA is required because the home is in the West Oak Historic District. CONSIDERATIONS: 1. The 1996 Historic Resource Survey indicates this structure to be a low priority and dates construction of the house to be 1930. Denton County has a construction date of 1934. 2. The house has been vacant for an undetermined number of years. 3. The house is not a designated landmark. 4. The home is in the West Oak Historic District and is considered a contributing structure to the district. 5. This house is set back and is in need of significant stabilization efforts. OPTIONS: 1. Approval as submitted 2. Approval subject to conditions 3. Deny 4. Continue the item RECOMMENDATION: A staff recommendation will be made during the meeting after discussion is held between the HLC Commissioners, the owner and or his or her representative. Planning Report COA17-0003 Page 2 of 2 ATTACHMENTS: 1. COA Application 2. Site Location Map 3. Site Photo 4. Survey Information 5. District Creation Information Page 6. Memorandum of Staff Research Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP Ron Menguita, AICP Historic Preservation Officer Long Range Planning Administrator 2218 West OakSite Location The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. W OAK ST W HICKORY STTHOMAS STS AVE GALAMO PL AVE FFOUTS STN AVE GHOUSTON PL µ0 50 10025FeetSITE Parcels Roads Date: 7/18/2017 Site Photos Historic Resource Survey Image 1996 Staff Photo July 12, 2017 Planning Report 2218 West Oak Street-COA-Demolition 1996 Historic Resource Survey Information Section of 1996 Historic Resource Survey Information Sheet from District Creation “Dedicated to Quality Service” www.cityofdenton.com M E M O R A N D U M DATE: July 12, 2017 TO: Roman McAllen, Historic Preservation Officer FROM: Sean Jacobson, Intern II SUBJECT: 2218 West Oak Street I have thoroughly reviewed all the documentation I can find in online archives of the Denton Record- Chronicle, Denton County Property Records, and the online Portal to Texas History regarding the Brenholtz House at 2218 West Oak Street. I have also spoken via phone with relatives of the house’s original owner, Dr. Harold Brenholtz, including his granddaughter, Betty Caldwell of Georgetown, TX, and daughter, Joanna Bemis of Carlsbad, NM. Mrs. Bemis stated that the home was primarily designed by Dr. Harold Brenholtz, with the assistance of a Dallas-based architect whom she knew only as “High Pockets” (due to his height). According to a Denton Record-Chronicle article dated July 23, 1938, local Denton contractor J. A. Bevill received a building permit that week to construct for Dr. Harold Brenholtz a 2-story, 9-room frame house on West Oak Street. Dr. Brenholtz was first reported as living at 2218 West Oak Street on October 6, 1939, in the Faculty Directory of the UNT “Campus Chat.” Below is a summary of the documents I have located and which are attached: September 14, 1937 – Warranty Deed, DR Vol. 266, Page 453 – Reports the sale of a 2.5 acre property in the E. Puchalski Survey on West Oak Street from Herbert Decker and his wife to Harold Brenholtz and his wife. The description of the property, matches the description of what would later be designated 2218 West Oak Street. December 7, 1937 – Denton Record-Chronicle (DRC) Real Estate News Article – Reports that Harold Brenholtz and his wife had purchased a 2.5 acre property in the Puchalski Survey from Herbert Decker and his wife on September 14, 1937 215 W. HICKORY STREET, DENTON, TEXAS 76201 • P(940)349-8541 • F(940) 349-7707 PLANNING DIVISION, DEVELOPMENT SERVICES DEPARTMENT “Dedicated to Quality Service” www.cityofdenton.com July 23, 1938 – Denton Record-Chronicle (DRC) Article – Reports the issuance of a building permit to J. A. Bevill to build a 2-story, 9-room house on West Oak Street for Dr. Harold Brenholtz. 1930s-1950s – DRC News Articles – Describe J.A. Bevill as a local Denton building contractor who also founded the Denton Builders’ Supply Co. in January 1937. October 6, 1939 – UNT “Campus Chat” Newspaper – Faculty Directory lists Dr. Harold Brenholtz as living at 2218 West Oak Street, indicating that the house was likely completed by this point. This is the first reference to the address that I can find in any publication. 1944-1967 – Many DRC News Articles – News articles reference Brenholtz’s address as 2218 West Oak Street. August 20, 1962 – DRC Letter to the Editor – Letter from A.B. Swenson on the occasion of Dr. Brenholtz’s retirement after over 40 years as a professor (primarily at UNT). Notes his service to the Denton community as a Scoutmaster and Lions Club officer, his service to UNT in helping launch the Education doctoral program, and his service to his country in the US Army during both WWI and WWII. May 27, 2010 – Warranty Deed with Vendor’s Lien, Instrument # 2010-51960 – Records sale of the 2.5 acre property described in DR Vol. 266, p453 (see above reference) from the Brenholtz family to Randy and Patricia Park. Below are the summaries of my phone conversations: July 12, 2017 – Joanna Bemis, daughter of Harold Brenholtz, stated that the 2218 West Oak house was planned by Dr. Bemis himself, and his wife, with the assistance of a Dallas-based architect whose name she could not recall but whose nickname was “High Pockets,” due to his great height. Ms. Bemis believed that the house had been built roughly around 1936 or 1937. The Brenholtz family were the only occupants and owners of the home until their sale of the house in 2010. The Brenholtz family was closely linked with UNT, as all of the children attended the UNT Demonstration High School, and at least three of the Brenholtz children graduated from UNT, with son Gerald Brenholtz going on to teach at UNT. July 12, 2017 – Betty Caldwell, granddaughter of Harold Brenholtz, stated that she believed that the primary planning of the house was done by Dr. Brenholtz himself. She could not recall if an architect had been involved. She recalled being surprised that the home had 4 bedrooms and 3 bathrooms. Denton Record-Chronicle (Denton, Texas) · Tue, Dec 7, 1937 · Page 5 https://www.newspapers.com/image/5203907 Printed on Jul 12, 2017 Copyright © 2017 Newspapers.com. All Rights Reserved. Denton Record-Chronicle (Denton, Texas) · Sat, Jul 23, 1938 · Page 6 https://www.newspapers.com/image/11156173 Printed on Jul 12, 2017 Copyright © 2017 Newspapers.com. All Rights Reserved. 7/12/2017 The Campus Chat (Denton, Tex.), Vol. 14, No. 3, Ed. 1 Friday, October 6, 1939 - Page: 2 of 6 . Magnified. The Portal to Texas History https://texashistory.unt.edu/ark:/67531/metapth306664/m1/2/zoom/print/?resolution=3&lat=6123&lon=1225.4999999999995 1/1 Edwards, Ray. The Campus Chat (Denton, Tex.), Vol. 14, No. 3, Ed. 1 Friday, October 6, 1939, newspaper, October 6, 1939; (https://texashistory.unt.edu/ark:/67531/metapth306664/m1/2/: accessed July 12, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; . Denton Record-Chronicle (Denton, Texas) · Sat, Dec 9, 1944 · Page 4 https://www.newspapers.com/image/5166041 Printed on Jul 12, 2017 Copyright © 2017 Newspapers.com. All Rights Reserved. Denton Record-Chronicle (Denton, Texas) · Thu, Jun 14, 1951 · Page 15 https://www.newspapers.com/image/24353725 Printed on Jul 12, 2017 Copyright © 2017 Newspapers.com. All Rights Reserved. Denton Record-Chronicle (Denton, Texas) · Sun, Oct 7, 1956 · Page 13 https://www.newspapers.com/image/21495122 Printed on Jul 12, 2017 Copyright © 2017 Newspapers.com. All Rights Reserved. Downloaded on Jul 12, 2017https://www.newspapers.com/image/24554421 Denton Record-Chronicle (Denton, Texas) · Mon, Jan 16, 1967 · Page 2 Copyright © 2017 Newspapers.com. All Rights Reserved. Denton Record-Chronicle (Denton, Texas) · Mon, Aug 20, 1962 · Page 4 https://www.newspapers.com/image/23586392 Printed on Jul 12, 2017 Copyright © 2017 Newspapers.com. All Rights Reserved. Action Item 2B Planning Report 619 Pearl Street-New Window COA17-0007 Historic Landmark Commission September 11, 2017 REQUEST: Hold a public meeting and consider an application for a Certificate of Appropriateness to install a window in the home located at 619 Pearl Street. The site is located on the southeast corner of the intersection of Denton Street and Pearl Street. (COA17-0007, 619 Pearl Street, Roman McAllen) APPLICANT/OWNER: William Mathews BACKGROUND: The applicant is seeking approval to install a period appropriate casement window in the larger of the two gables on the front of his home. A COA is required because the home is in the Oak Hickory Historic District and is also a locally designated landmark. CONSIDERATIONS: 1. Section 35.7.9.5 of the Denton Development Code contains the architectural requirements for the Oak-Hickory Historic District. Section 35.7.9.5.L.1 and 9 refer to front façade openings. 1. Front façade openings. The location and size of windows and doors in proposed facades must be compatible in scale with the typical style and period of the main building. 9. Openings. All windows, doors, and lights in the front and side facades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door. 2. The proposed window will be custom made by a company that specializes in historic windows. It will be designed to be functional and compatible in scale and style with the home. OPTIONS: 1. Approval as submitted 2. Approval subject to conditions 3. Deny 4. Continue the item RECOMMENDATION: Staff recommends approval of the Certificate of Appropriateness application as submitted to install a window in the home located at 619 Pearl Street. Planning Report COA17-0007 Page 2 of 2 ATTACHMENTS: 1. COA Application 2. Site Location Map 3. Project Narrative 4. Rendering of Window Installed 5. Quote from Supplier Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP Ron Menguita, AICP Historic Preservation Officer Long Range Planning Administrator OAK PARKWAY MCKINNEY CARROLLDENTONHAYNES GREGG ANDERSON WILLIAMSPEARL MOUNTS619 Pearl StreetSite Location 0 100 20050Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ Date: 11/17/2016 Built this way. Similar to this. Action Item 2C Planning Report 123 North Elm Street-Hand Painted Signs COA17-0008 Historic Landmark Commission September 11, 2017 REQUEST: Hold a public meeting and consider an application for a Certificate of Appropriateness to paint signs on the building at 123 North Elm Street. The site is generally located on the southwest corner of the intersection of North Elm Street and West Oak Street. (COA17-0008, 123 North Elm Street, Roman McAllen) APPLICANT/OWNER: Scott Brown BACKGROUND: The applicant is seeking approval to have painted, by hand, two signs on the building located at 123 North Elm Street. A COA is required because the building is a locally designated landmark. CONSIDERATIONS: 1. Property Appearance Guidelines were adopted in 1997 by the City of Denton to be used for the approval of renovations and new construction in our downtown core area. 2. The Downtown Core Area, Sign Design Guidelines Section, of the Appearance Guidelines contains a portion specific to Painted Signs on a Building Surface. The Section states: • The renovation of historic advertising painted directly on building surfaces is encouraged, along with creation of large-scale murals as a form of public art. • All wall signs and murals should be professional applied or restored. 3. The Basic Design Elements, General Sign Issues Section, of the Appearance Guidelines contains a portion entitled Sign Locations, Size and Position. The Section states: • Different building types require different approaches to commercial signage. Overall, the most effective and attractive signs are those that appear to be an integral part of the building’s architecture. • The best area for signs will be those places which contain continuous flat surfaces that are void of windows, doors or other architectural details. For many older structures the most appropriate places for signs will be on lintel strips above storefronts or on transom panels above display windows. Planning Report COA17-0008 Page 2 of 2 4. The proposed signs have been designed by a professional sign painter, take into consideration the existing ghost signage on the building, and appear appropriate in scale. OPTIONS: 1. Approval as submitted 2. Approval subject to conditions 3. Deny 4. Continue the item RECOMMENDATION: Staff recommends approval of the Certificate of Appropriateness to paint the signs as proposed on the building at 123 North Elm Street. ATTACHMENTS: 1. COA Application 2. Site Location Map 3. Renderings of the Proposed Signs 4. Property Appearance Guidelines Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP Ron Menguita, AICP Historic Preservation Officer Long Range Planning Administrator 123 North ElmLocation Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. W PECAN ST N ELM STW MCKINNEY ST S ELM STS CEDAR STN LOCUST STW HICKORY ST S LOCUST STN CEDAR STW OAK STBOLIVAR STµ0 50 10025Feet 123 North Elm Primary Major Arterial Roads Parcels Date: 8/28/2017 City of Denton Property Appearance Guidelines Table of Contents Downtown ProPerty APPeArAnce GuiDelines INTRODUCTION1 Project Overview 3 How To Use The Guidelines 3 BASICDESIGNELEMENTS5 Definitions7 General Sign Issues 9 DOWNTOWNCOREAREA13 Site Design Guidelines 15 Building Design Guidelines 16 Building Renovation Guidelines 17 Sign Design Guidelines 20 Building Maintenance and Repair Guidelines 22 APPENDIX25 DefinitionsofPreservationTreatments27 GlossaryofArchitecturalTerms28 PropertieswithHistoricLandmarkDesignation 30 TheSecretaryOfTheInterior’sStandarsforRehabilitation31 Downtown ProPerty APPeArAnce GuiDelines INTRODUCTION Property Appearance Guidelines Downtown ProPerty APPeArAnce GuiDelines INTRODUCTION Project Overview The purpose of these Property Appearance Guidelines is to identify the character-giving elements of Denton’s historically significant properties and districts (identified in the Historic Resources Survey) so that new development can be guided to respect, reinforce and enhance the existing character of the individual resources and districts. This document provides a general appearance program overview, as well as definitions for the design elements covered by the guidelines. Although this manual provides guidelines only for the “downtown covered area” (see appendix for map), it is planned to expand this document to include appearance guidelines for mixed use districts and areas of residential character. Whatarepropertyappearanceguidelines? Property appearance guidelines assist building owners with new construction or the rehabilitation of their older buildings. For example, downtown improvement projects of the 1960s and 1970s usually approached the downtown in one way: to make all buildings homogenous by covering them with false facades, turning streets into malls and recommending that every business have similar signs, awnings and colors. This was an attempt ti make downtown comparable with the new concepts of new suburban strip shopping centers and enclosed malls. But the beauty of downtown is its diversity, its evolution, its evocation of local history. By covering and distinguishing the special architectural character of each building, these early attempts to compete with urban sprawl furthered the decline of central business districts. The downtown revitalization programs of the 1990s, such as the Main Street Program in Denton, attempt to bring life downtown by respecting the individuality of each structure while encouraging the concept of the buildings as a collection. Property appearance guidelines assist in this process. While not mandatory, the guidelines do represent community policy about design issues. They outline the approach to certain design issues, but do not dictate solutions. For example, the guidelines may suggest that commercial storefronts should be recessed; they do not dictate the design of the storefront. The guidelines also identify inappropriate approaches, such as sandblasting. Whyhavepropertyappearanceguidelines? One purpose of the guidelines is to inform the community about the design policies the City suggests for historically significant structures and districts. The guidelines outline an approach to design that will help sustain the character of such structures and districts. Therefore, the intent is to provide information that property owners may use in making decisions about their property. The guidelines also provide the Historic Landmark Commission a basis for making informed, consistent recommendations. Whyusepropertyappearanceguidelines? Protecting Denton’s historic districts is a public responsibility. Property appearance guidelines represent a partnership among all property owners in the district. When property owners invest in the rehabilitation or construction of commercial property, they like to know that the investment will be protected. Application of the guidelines is one part of that economic protection. Understanding that the rehabilitation of historic structures and the compatibility of new construction in an historic district is important to the heritage of the community, financial incentives have been developed to encourage voluntary application of the guidelines. The guidelines have been written to allow for individual differences in buildings and budgets. The goal is not uniformity, but diversity. How To Use The Guidelines The primary users of this document are intended to be individuals, agencies or organizations that are seeking to develop existing historic properties or construct new buildings within the boundaries of an historic district. These guidelines provide developers and the City of Denton with specific tools for evaluating proposed designs to ensure that new development will be sensitive to the buildings and character of Denton’s historic areas. ApplicationforReview Whoshouldapply? Some properties are locally designated historic landmarks (See Appendix for list) and are required to have a Certificate of Appropriateness before a building permit is issued for any exterior work. Property owners must apply for a Certificate of Appropriateness and submit plans for exterior improvements to the Historic Landmark Commission for design review. For Downtown ProPerty APPeArAnce GuiDelines projects subject to such review, applicants should refer to the guidelines at the outset to avoid planning efforts that may prove inappropriate. Property owners are encouraged to apply the guidelines to projects not subject to review. Projects not subject to review would include most new construction or rehabilitation of buildings that do not have individual local designation. If applicants voluntarily submit projects for review and comment by the Historic Landmark Commission, they may be eligible for financial incentives (see www.dentonedp.com/downtown_development/ incentives_local_tax_assistance.asp). Howtoapply. A property owner may request a design review by contacting the City’s Historic Preservation Officer, Julie Glover, at (940)349- 7732. Recommendedsubmittaldocuments: Adequate documentation is essential to provide a complete understanding of the work proposed. Applicants are encouraged, and may be required, to submit the following documentation: • Slides of the existing conditions (existing and historic, if applicable) • Elevations • Site plan • Roof plan • Materials samples • Color samples • Statement of how the project meets the guidelines ReviewProcess Once a review has been requested, the guidelines will be used in two formal ways: First, the City staff will use the guidelines when advising property owners and in administrative reviews. Second, the Historic Landmark Commission will use the guidelines when considering the issuance of a Certificate of Appropriateness (required for locally designated historic landmarks) or when reviewing a project for comment. The document will guide the comments of staff and the recommendations of the Commission. In general, they will seek to determine if an adequate number of the relevant guidelines have been reasonably met. However, there is no set number of relevant guidelines that must be met. Because each project has its own special circumstances, the Commission makes its recommendation on a case-by-case basis. In making its recommendation, the Commission’s overall concern is that the integrity of individual historic structures be preserved and that the overall character of Denton be protected. NOTE: The guidelines take effect only when a project is initiated by a property owner or tenant, either to alter an existing structure or to construct a new one The guidelines do not require property owners or tenants to initiate repairs, and there is no deadline by which properties must come into “compliance.” However, incentives are being developed to encourage property owners to make improvements (see www.dentonedp.com/downtown_ development/incentives_local_tax_assistance.asp). Note that other regulations also may affect project design including the following: • The City of Denton Zoning Ordinance • The City of Denton Signs and Advertising Devices Ordinance • The Uniform Building Code • The Americans With Disabilities Act • Federal income tax credits for certified rehabilitation of historic buildings Downtown ProPerty APPeArAnce GuiDelines BASICDESIGN ELEMENTS Property Appearance Guidelines Downtown ProPerty APPeArAnce GuiDelines BASICDESIGNELEMENTS The following section introduces design elements which are addressed by these guidelines. The first part of this section presents an alphabetical list of definitions for different site and building elements, while the second discusses issues related specifically to the design of signage. Definitions AccessoryBuildings - Accessory buildings are structures secondary to the primary structure. They are usually freestanding or detached from the primary structure. Additions - Additions are attached expansions of an existing building. Architecturaldetails - Details are the decorative features that constitute the design of a building. The buildings in the area have both functional and non-functional details. Although some buildings have more elaborate detailing than others, all exhibit some decoration. This establishes a character for the buildings and the area as well. Awnings - An awning is a roof structure located over a window or door. From the early days of Denton to the present, awnings have been used to protect buildings and pedestrians from sun and rain. BuildingMaterials - Material is the substance of which building parts or components are made. Much of a building’s character is established by its materials. Materials can imply a sense of permanence, stability, and quality or they can imply the opposite. Certain materials are also associated with certain uses: commercial, residential, institutional or industrial. Canopies - Canopies are roof elements projecting from the facade of a building and are common on commercial buildings. Canopies were traditionally constructed of wood. They were usually suspended from the facade of the building. Historically the canopy was a continuous horizontal projection from building corner to building corner broken only between buildings. Canopies serve to protect the building and the pedestrian from the elements, while providing a scale-giving element to the facade. They are also one of the most distinctive differences between residential and commercial structures. Color - Color can be the result of the original material or an applied material such as paint. Original colors were usually determined by the particular style of the building. Buildings constructed in the Victorian Period were usually painted in three to five dark rich colors. Bungalows, particularly in the Craftsman Style, were usually painted in two or three earth tone colors. Classical Revival Style buildings were usually painted white with one or two dark trim colors. The color of a building usually changed through time depending on the fashion of the period. A building constructed before the turn of the century and originally painted in Victorian Style colors frequently was painted white during the 1920s. CompatibleUse - The use of a building is the function which it serves. A compatible use is a function which the building easily accommodates. Doors - The typical door on a historic building is constructed of wood, usually with a simple glass panel in the upper half and wood panels in the lower half. Entrances - The entrance of a building is usually the focal point of its front facade. The entrance includes the elements surrounding a door and usually a porch on residential structures. Equipment - Equipment includes heating and air conditioning units, electrical, telephone and cable television service, irrigation control boxes and valves and other similar devices. Foundations - The foundation is the base or portion of the building that rests on the ground. The earliest foundations remaining in Denton were constructed of brick. By the turn of the century, concrete block became the predominate material. In the 1920s structural concrete floors resting directly on the ground came into use. This type of construction, commonly known as “slab on grade,” was first used in commercial construction. HandicappedAccess - Handicapped access refers to the ability of the handicapped to easily access the interior of the building. HistoricBuildings - Buildings are considered “officially” historic if they are certified as such by a local, state or federal government. Obviously, at any given time, there will be a certain amount of non-certified buildings that have historical significance to Denton. For these guidelines, all structures have historical significance to Denton, whether certified or not, will be referred to as “historic.” New and infill construction will be referred to as “non-historic.” Downtown ProPerty APPeArAnce GuiDelines HistoricPeriodofRenovation - Historic buildings are usually not exactly as originally constructed but are products of the initial construction and later modifications which represent several periods in history. These later modifications may have as much or more historical and architectural value as the original construction. Returning the building to its exact original construction is rarely the goal of a renovation. Consequently, one of the first decisions in any historical renovation is what period of the building’s history the renovation will use as its model. Renovation of non- historic buildings is not particularly concerned with selecting or maintaining a particular period or style. Lighting - Lighting in this context refers to artificial light on the exterior of the building and the site, including parking areas and street lighting, Orientation - Building orientation is the direction that the principal facades of a building face. The primary building entrance is usually on the face or principal facade of the building. The main entrance is, therefore usually facing the adjacent street OutdoorDisplay - Outdoor display refers to the placement of merchandise outside a commercial establishment, often on the sidewalk. Parking - Parking refers to the temporary storage of automobiles. Paving - Paving is the material which is used for covering driveways, walkways and parking areas. The original street paving was sand followed by brick or clay. Today the typical material is asphalt. Brick, interlocking blocks and other modular paving not only provide a suitable surface for the automobile but they also provide a more human scale than asphalt. Asphalt and concrete are monolithic undifferentiated surfaces that promote high speed traffic. Modular paving is a surface made of many small units, such as concrete bricks and paving blocks. It is not as smooth as monolithic paving and therefore slows automobile traffic. Roofs - If visible, the type and shape of a building’s roof is probably the most important element in establishing its character. The roofing material is also important. For most residential properties, the original roofing material was wood. In the first decade of this century metal roofing became available. Because wood roofing was susceptible to fore, most wood roofs were replaced or covered with metal by 1920. In the 1940s asbestos shingles became popular and by 1950 the most common roofing material was asphalt shingles. Setbacks - A setback is the distance from a reference point that a structure is “set back” or located. The reference point is usually the property line and typically the building has a setback from all property lines. Siding - This is the primary material covering the exterior walls of a building. Storefronts - The storefront is the ground floor facade or face of a building which is adjacent to the sidewalk in a pedestrian- oriented urban setting. The storefront typically includes the primary entrance to the building. Spacing - Spacing is the amount of void or space between buildings. The most visible and apparent spacing is side to side. The spacing between the rear of the buildings is usually not visible from the street and is therefore of less importance than the space between the sides. Signs - For the purposes of these guidelines a sign is a device that symbolically identifies the occupant, building use or provides some other information relating to the structure or the site. Relocation - Relocation refers to the relocation or moving of an existing building from its original site to a new location on the same site or a new site. Windows - The earliest buildings in Denton had wooden double hung four over four windows. “Four over four” refers to the number of panes or “lights.” After the turn of the century the predominate type of window was the wooden double hung one over one. In the 1920s multi-light wooden double hung windows, such as six over six became popular. Metal windows came into use in the 1920s in commercial construction, but not until the 1940s in residential construction. Windows were usually arranged in a balanced logical pattern reflecting the rooms on the interior of a building. Downtown ProPerty APPeArAnce GuiDelines General Sign Issues The design, construction, and placement of signs should complement the building’s design. Most historic and many new commercial buildings provide appropriate locations for signs on the primary facade. New building facades should include an area where a sign or signs fit within the overall facade design. SignMessages Basically there are four different kinds of sign messages that people use to advertise their business: text signs; symbolic signs; shop activity; and window displays. Within each kind of message there are variations that customize the sign to match the identity of the business and the architecture of the building. In some instances, it may be appropriate to have all four kinds of sign messages. Most businesses incorporatetextsigns as part of their advertising. Text signs have letter messages which spell out what kind of business is inside. The message may be composed of single letters or letters applied to a panel. Text signs clarify the type of business conducted in a shop and are probably the most common type of sign message. There are several different types of symbolicsigns which can be used to communicate business activity. A red and white striped pole traditionally advertises a barber shop, and three hanging balls indicate a pawn shop. Other symbols are more directly related to the service sold; a shoe, for example, might advertise a shoe store or repair shop. Symbolic signs, such as barber pole, may be three-dimensional and symbolic and text signs are often combined in one sign. Although traditionally not thought of as a sign, observableshop activities are sometimes the best form of communication. If clearly visible, shop activity reduces the need for other signs since the goods and services are self explanatory. A line of hungry people at a lunch counter beckons other hungry shoppers as effectively as more traditional signage. Window displays are another kind of business sign. Well designed window displays which are aimed at eye-level usually catch the eye of pedestrian shoppers. The chairs and lamps in the windows of a furniture store are a typical and highly effective window display. SignLocation,SizeandPosition Different building types require different approaches to commercial signage. Overall, the most effective and attractive signs are those that appear to be an integral part of the building’s architecture. The best area for signs will be those places which contain continuous flat surfaces that are void of windows, doors or other architectural details. For many older structures the most appropriate places for signs will be on lintel strips above storefronts or on transom panels above display windows. For newer buildings, continuous areas of stucco or masonry which are immediately above the top of the storefront offer the best possibilities. The size of these signable areas should help determine the size of the sign and its lettering. When signs are too large or poorly placed they may cover up architectural details which help give a building interest and character. Signs should be placed on buildings so that architectural details are not hidden. TraditionalSignableAreas Historically, most buildings had signable areas located above the first floor transom area of the storefront, a transitional area that helped differentiate the major activity at ground level from the upper stories of a building. If this primary sign location is not present or is covered with an awning, the area just below the second floor window is an appropriate secondary sign location. It is important with both of these sign locations to work within the architectural framework of the building; do not obscure columns or details with the sign. It is also important to remember a sign not only impacts the building, but can detract or add to the image of the entire block. Signs that are similar in size and mounted at the same location Aclassicexampleofatextsign. 0 Downtown ProPerty APPeArAnce GuiDelines and height create a harmonious line of signs, thus improving readability. Window/DoorSigns In addition to the signable area of a building, windows and doors may be available for appropriate signage. Signs may be placed on the interior side of a window by painting, silk screening, or applying vinyl letters. They may also be hung or stand separately. It is important not to obscure too much display area with these signs. A door is an appropriate place for a sign which includes the business’ name, address and hours of operation. Awnings Awnings are good locations for additional signage. The fringe is a logical location for text type signs. The end and top are appropriate locations for logos or graphics that need more space. SignEffectiveness A sign serves as a nameplate for a business. Although it should be highly visible and legible, it does not need to be particularly large or flashy. The sign will be much more effective if it has the appropriate details and a proper location. Accuracy and precision in the fabrication and installation are essential. SignMessageReadability The most important point in designing a sign’s message is to keep it simple. Too many pieces of information will clutter the sign and confuse the viewer. The best signs incorporate the fewest words possible and perhaps a picture or symbol to create a strong visual identity which is easily understood in just a glance. Avoid listing every product sold. Shape The shape of the sign also affects readability. A sign which has a simple geometric shape such as a square, circle, rectangle or oval is easier to read than one which has a complex shape because the shape of the sign does not compete with the architectural elements of a building. They can reflect arched doorways, rectangular windows, linear cornices and signable areas. Typeface Many styles of type are available. Letter styles which are compatible with the building’s architectural style and the business image should be selected. Simple geometric letter shapes are easier to read than more ornate and complex shapes. Sans serif letter styles are easy to read because they have simple geometric shapes, but many serif typestyles are also easy to read. Serif lettering usually adds design interest to a sign; it is most compatible with historic structures, and it is appropriately used with traditional signage materials. Sans serif styles are simpler and crisper than serif styles and they work well with modern materials and architecture. Script lettering is more difficult to read than printed lettering and its use should be limited to the creation of a special effect. A combination of typefaces may be used to accent different portions of the sign message; however, the number of different typefaces should be limited to increase readability. For long messages, only the first letter of each word should be capitalized. Although capital letters are more easily recognized than lower case letters, they tend to be confusing when read as phrases or sentences. Readers will quickly recognize the first letter of each word followed by the lower case letters. ProportionandBalance Proportion and balance within the sign and on the building work together to create a well-designed sign. The viewer needs to be able to comprehend the individual letters and geometric shapes and tie the shape together into a message. When the letters are too close together or too far apart, the sign message does not communicate effectively. SERIF SANSSERIF READABLE OBSCURE Downtown ProPerty APPeArAnce GuiDelines There should also be a balance between the sign and the building. This creates visual harmony among the buildings along an entire block face. When signs overpower an individual building or a block face, they become visually disruptive and inappropriate. An oversized sign will dwarf a building and an undersized sign will become invisible against a large building. It is difficult to determine hard and fast rules regarding signs and placement of lettering; however, some general guidelines are helpful in a pedestrian environment: For a window sign, six inch letters are usually effective at a six foot height. Flat signs are generally ten to fourteen feet above the sidewalk. As a general rule, the maximum height of a capital letter should be three fourths of the height of the sign background. For most lintel signs, eight to fifteen inch letters are sufficiently large and most appropriate. Careful spacing of letters and words is also important in determining the legibility of a sign. Letters with serifs need more room than san serif. To avoid a cluttered appearance, no more than 75% of the total sign-panel area should be occupied by the letters. AppropriatenesstoBusiness It is important that a sign project the character of the business it advertises. If a business is selling high technology products, then the sign should reflect this modern image. Conservative, traditional businesses can be expressed through classic sign types and lettering. ColorforSigns Color selection is one of the most crucial aspects of successful sign design. Because a sign should complement rather than clash with its surroundings, colors should be compatible with the exterior colors of a storefront and the entire building. The color scheme should be simple, with the selection of colors forming a family of tones. It is rarely necessary to use more than two or three colors in a sign. Combinations of primary or day-glow colors should be avoided. The contrast of colors influence sign legibility. Light letters on a dark background are generally easier to read than dark colors on a light background or an illuminated panel. Glossy backgrounds produce glare, reduce legibility and should not be used. A matte or flat background is less distracting than a glossy background. Different colors can also represent different moods and messages. Darker colors appear more dignified and formal; light colors reflect freshness and informality; bright colors denote excitement. The use of shading, outlining of borders in a sign should not decrease the sign’s legibility. Ornamentation should not obscure the message. Usually, a pedestrian reading the sign at eye level is the only one who can appreciate these details. SignMaterials Simple sign materials should complement the textures and finishes of a building’s facade. Materials similar to those used at the time the building was constructed should be used. These materials will enhance the overall composition of the building. The use of the highest quality materials available is especially important if the sign must weather the outdoors. The use of high quality materials result in greater durability and longevity. A 15% increase in material cost can extend the life of a sign by 505 or more. Quality materials will also reduce the yearly maintenance on a sign. A knowledgeable sign maker can recommend specific products or materials that will increase a sign’s life expectancy. Using genuine materials such as real wood letters instead of fake CRAMPED WELLSPACED O V E R S P A C E D Light Dark 2 Downtown ProPerty APPeArAnce GuiDelines wood grain plastic ones will enhance the quality appearance of a sign. SignLighting Well-designed lighting should attract people to the sign, the building, and the displays in its windows. With the exception of some neon applications, the lighting system should be secondary to the sign ad and should be inconspicuous on the facade. External illumination should be provided by a continuous light source that is installed to prevent light from shining directly onto the street or adjacent properties. Flashing or moving lights are not permitted by the City sign ordinance. The light source selected may be incadescent or fluorescent, but it should emit white light. Spot, track overhanging or wall lamps are all acceptable light sources. High intensity light sources often produce excessive glare and should be avoided. The use of internally illuminated signs (backlit plastic) is discouraged. These signs are often stock designs which are incompatible with the character of commercial buildings in the downtown core area. Indirect lighting is achieved by placing fixtures on the front of the building, either above or below the sign. The fixtures should be shielded to prevent glare on the street and sidewalk, but should still cast light on both the sign and part of the facade. With this method of lighting, the sign is illuminated as part of the total building face. Well-designed neon signs can be compatible with certain storefronts, especially those designed in the 1930s and 1940s. Neon is an energy efficient light source; it can be used at a very low level of intensity and still be very visible. Neon is available in a limited number of colors so it is important to use it in a manner appropriate to the building’s design and color schemes. Since a neon sign’s legibility comes from the illumination and brightness of the message alone, there is no need to use a background panel. Downtown ProPerty APPeArAnce GuiDelines DOWNTOWN COREAREA Property Appearance Guidelines Downtown ProPerty APPeArAnce GuiDelines DOWNTOWNCOREAREA This section of the Property Appearance Guidelines is specifically for the downtown core area. This area, which constitutes the original commercial core of Denton, includes the area bounded by Carroll Boulevard on the west, McKinney/Pearl Street on the north, Bell Avenue to the east and Sycamore Street to the south. Please refer to the map provided in the Appendix for a graphic representation of this area. A large percentage of the structures in the core downtown area have historic significance, and this unique urban character should be maintained and encouraged to develop whenever possible. This area is also largely pedestrian-oriented, and should remain focused on people walking rather than the automobile. This portion of guidelines is divided into five sections: SITEDESIGNGUIDELINESprovide general information about vacant land or public spaces. BUILDINGDESIGNGUIDELINES provide specific information for new construction projects. BUILDINGRENOVATIONGUIDELINES are for existing structures. SIGNDESIGNGUIDELINES include recommended sign types for both new construction and renovation, as well as defining inappropriate examples. BUILDINGMAINTENANCEANDREPAIR offers practical suggestions on how to protect your investment. Site Design Guidelines Orientation Most existing buildings in the downtown core area are oriented toward the adjacent or nearest street. The primary orientation of new structures should be toward the adjacent street. Building on sites which adjoin two or more streets should acknowledge or address all adjacent streets. New construction that is oriented toward the interior of a site or a secondary street is discouraged. 1. 2. 3. 4. 5. • • • Setbacks In the downtown core area there is usually little or no setback from the front property line. This is also true of side setbacks, with buildings usually toughing. The rear setbacks vary according to the lot and building depth. New structures built to the front and side property lines are preferred. Spacing For the most part, the facades of commercial buildings in the core downtown core area form a wall of continuous buildings, which is typical of historic downtowns. New Building development should continue the existing building spacing. Buildings which break the wall of facades or create voids or spaces are discouraged. Parking Parking for the downtown core area is usually located on the street or in private lots. There are two public parking lots: Williams Trade Square, just east of the Courthouse Square on Hickory Street, and Carroll Courts building lots on the north and south side of Mulberry Street east of the Courthouse Square. • 6 Downtown ProPerty APPeArAnce GuiDelines To supplement on-street parking, new construction is encouraged to provide parking behind buildings, out of view from the street. Lighting Care should be taken to ensure a balance between aesthetics and functionality when exterior lighting is planned for new construction or the renovation of an historic property. The type of fixtures selected should be as compatible as possible with the period of history when electrical lighting was originally installed. Fixtures predating the original installation of electrical supply to the site should be avoided. Carriage lamps and gaslights are examples of inappropriate fixtures. Although security is a concern, care should be taken to not over light or flood the site with light. An average illumination level of 1.5 to 2 foot-candles is preferred, although specific site conditions may warrant different light levels. SiteFurnishings Site amenities include benches, trash receptacles, and bicycle racks. The provision of sit furnishings appropriate to the type and size of businesses in the downtown core area is strongly encourages. OpenSpaceandLandscaping Open spaces in downtown Denton include areas used for pedestrian and vehicular circulation, parking, storm water detention, or simply for aesthetic enjoyment. Among other things, landscaping can be used in open areas to provide shade and enclosure, screen or frame views, direct circulation, or establish a comfortable sense of scale. Where open space is available in the downtown core area (generally to the rear of properties), at least 20% must be devoted to landscaping plantings. Landscaping should be used in conjunction with fences to screen parking lots, dumpsters and service areas. For security reasons, screening height around parking areas should be relatively low. • • • • • • • The installation of native canopy trees is encouraged in open space areas. Freestanding planters and hanging plant containers are encouraged where permanent plant beds are impractical. OutdoorDisplay Permanent merchandise displays outside of a building are not encouraged, and may be prohibited by code. When using the sidewalk for display, merchandise should be placed so as not to restrict pedestrian circulation. Building Design Guidelines BuildingMaterials Brick is the predominant building material in the downtown core area. Native stone was also occasionally used. New construction should use materials similar to the predominate materials of neighboring buildings. Masonry construction is recommended in the downtown core area. Materials which imitate other materials or appear to be something they are not are discouraged. Canopies Due to historic precedent and functional considerations, the incorporation of continuous canopies for all new structures in the commercial area in encouraged. Canopies should be constructed of permanent material, such as sheet metal over wood, or steel frame. Color Color has one of the strongest visual effects of all the elements discussed in these guidelines. Taste or preference in color varies widely from person to person and from period to period. • • • • • • • • Downtown ProPerty APPeArAnce GuiDelines Consequently, color is one of the most changing elements of a building or area over time. Although careful consideration should be given to the selection of colors and their compatibility with surrounding buildings, more latitude can be given in the use of this design element to reinforce the variety and diversity of the area. New development should not try to match or copy the color schemes of adjacent buildings, which could lead to an overly- uniform appearance. Traditional, light or muted colors with a pastel or earth tone hue are generally preferred. The use of very bright, florescent, or day-glow colors is discouraged. Windowsand Storefronts Buildings in the downtown core area typically have storefronts consisting of clear glass held in place with a frame and resting on a low wall. The glass storefront allows pedestrians to view the interior of the building and is often used to display goods or services offered by businesses occupying the building. New structures should maintain the established character by continuing the use of glass storefronts. The materials used to construct the storefronts, window frames and door frames should be consistent throughout the building. Storefronts constructed with materials which hide the interior (including darkly tinted or reflective glass) are discouraged. Vacant storefronts should not be left empty, but should be used to display building renovation plans, community events or other similar information. The display should screen from view the vacant space behind the window. When a building has multiple storefronts, the construction should be consistent throughout. The side or rear facades should be constructed as the same materials as the front. Although the front facade should • • • • • • • • • be given special treatment, elements such as windows, architectural detail and color should be consistent throughout the building. Completely blank facades are discouraged for any side of a building. ArchitecturalDetails New structures should exhibit details of design which are appropriate to the materials and components used. Buildings which have little or no detailing and therefore present a plain blank facade are discouraged. Doors A building’s primary door and entrance should be located in the principal facade of the building and open to the sidewalk. Primary entry doors that are at the rear of the building and are not visible from the street are discouraged. Roofs The lack of a visible roof is characteristic os buildings in the downtown core area. Generally, new structures should maintain the existing character of hidden roofs. Building Renovation Guidelines The recommendations presented below should be used together with the Secretary of the Interior’s guidelines (included in the appendix) when decisions are made regarding renovations to an existing building. New development should not try to match or copy the color schemes of adjacent buildings, which could lead to an overly- uniform appearance. Relocation Generally, buildings should be left in their original location. Relocation should only be considered if a building is threatened on its original site, or renovation and continued use is prohibited by its current location. • • • • • • • Downtown ProPerty APPeArAnce GuiDelines If relocation is necessary, the new location should not change the context in which the building originally existed. For example, a commercial building should not be moved to a residential neighborhood. The original building orientation with respect to the adjacent street or streets, the point of compass, or surrounding buildings should be maintained whenever possible. HistoricPeriodofRenovation Careful research should be done to determine the various configurations of a building through history and when specific changes were made. Based on this research, the most important architectural period can be determined and considering the current use and requirements, a logical decision can be made as to which configuration or historical period the building will be “restored.” Once the specific period or model is selected it should be consistently used as a guide in making individual renovation decisions. The mixing of building components from different periods should be avoided. CompatibleUse Well-designed buildings generally have compatible uses beyond their original function. When the use of a building is changed from the original, care should be taken to select a new use which the building can easily accommodate. Incompatible uses for existing buildings usually require extensive modification and are discouraged. HandicappedAccess All building renovations should provide for handicapped access. On all historic structures, the access should be located so that it does not detract from the original character of the building. • • • • • • • • Additions Additions to historic and non-historic structures do not have to exactly copy the original, but they should be compatible in design and construction. The original structure should not be overwhelmed or dominated by the addition. Significant original features of the structure should not be hidden or obscured. Foundations The typical historic commercial building existing today in the downtown core area was constructed with the continuous masonry or concrete foundation walls. Additions to existing buildings should maintain the original type of foundation in the new construction. Siding The repair or replacement of wood siding should match the size, shape and pattern of the original siding. Historic buildings originally covered with wood should not be covered in stucco. The use of vinyl or aluminum siding is strongly discouraged because it seldom matches the original wood size and shape. Such installations usually require destruction of original architectural ornament and frequently cause deterioration of the wood structure due to moisture retention. Generally, painting unpainted masonry is discouraged. The exception is concrete block, which was historically painted. If paint is to be removed, the gentlest means possible should be used. Sand blasting and high pressure water methods are discouraged. A chemical stripper compatible with the brick and mortar should be used, together with a low pressure wash. The use of stucco, wood or other siding materials on masonry buildings has no historical precedent and is discouraged. Windows The type, arrangement, size and construction of windows in a building in one of the most important elements contributing to its • • • • • • • • • Downtown ProPerty APPeArAnce GuiDelines character. Since the window type is important in establishing and determining the historic style of a building, it should not be changed from the original. In the case of an addition to a historic structure, the windows should be of a compatible, but not necessarily identical, type. Wooden windows should not be replaced with metal windows. Windows should be glazed with glass matching the original as much as possible. Odd or unbalanced window patterns on the facade of a building should be avoided. Doors Although not as numerous or as important as windows, doors also help establish the character of a building. If a historic door must be replaced, the new door must match the design and construction of the original. Wooden doors should not be replaced with metal doors. Doors should be glazed with glass matching the original as much as possible. Roofs Although most of the commercial buildings in the downtown core area were constructed with roofs concealed behind parapet walls, a few remain where the roof is visible. If visible, the type and shape of a building’s roof should not be changed. Modern aluminum, canvas and mansard roofs are discouraged on historic buildings. If previously applied, they should be replaced whenever possible. Additions to historic buildings should match the type and shape of the original roof. Historic buildings should be re-roofed in the original roofing material whenever possible. • • • • • • • • • • • • Entrances The original design of a historic building’s entrance should not be modified, but maintained. If renovation of a historic building’s entrance is required, the original location, design and materials should be used. Non-historic building entrances can be given more latitude in renovation, although the original location should be maintained. Canopies Canopies were common on commercial structures in the downtown core area. Providing shelter from the sun and rain, they invited potential customers to linger under their cover and window shop. The original design and construction of canopies should be maintained, and if previously replaced, they should be returned to the original design. New canopies should not attempt to cover more of the facade than the original. Canopies on non-historic buildings should be similar in design to their historic neighbors. All canopies should be constructed of permanent materials. Awnings The use of canvas awnings is encouraged whenever appropriate. Awnings should serve a functional purpose, and should not be simply as an architectural ornament. Awnings should not be used to replace original canopies on commercial structures. On historic buildings, the awnings should be similar in design to those used when the building was constructed. • • • • • • • • • • 20 Downtown ProPerty APPeArAnce GuiDelines ArchitecturalDetails Careful research of old photographs and physical evidence from buildings are the best means to determine the design and placement of original details. On historical buildings, original details should be retained or, if missing, replaced with details matching the original design. Details not original to the building should not be added. The addition of inappropriate details tends to confuse the public and diminish the authenticity of historic structures. If a building had little or no architectural details originally, it should remain unadorned. The lack of details may be an important part of the building’s history and character. Although more latitude is allowable on non-historic buildings, the addition of architectural details should always be carefully considered and carried out with restraint. Color The colors selected for renovation of a historic building should be based on actual historic colors for the building (as determined through historic documents and physical samples), or according to typical colors for the historical period selected for renovation. The primary concerns when selecting colors for a non- historic building should be related to achieving a pleasing combination of colors and assuring compatibility with neighboring buildings. Equipment These necessities of modern life often have little or no historical precedent. Consequently, they can easily become an intrusive and detracting element in a historic renovation, diminishing the authentic character of the building. Modern equipment installed on or adjacent to historic buildings should be located away from public view as much as possible. When this is not possible, the equipment should be screened from view with landscaping, fences or walls. Generally, these equipment guidelines should be applied to non-historic structures as well. • • • • • • • • Sign Design Guidelines RecommendedSignTypes The following sign types are recommended for the downtown core area. They represent a variety of styles that allow for flexibility and individual expression, yet if properly executed, will reduce visual clutter and become a unifying element throughout the area. The intent is not to limit the ability to advertise a business, but rather to present a framework that encourages continuity and recognizes the impact each individual sign has on the whole community. Studies have shown the people refer to patronize commercial establishments which do not visually assault them with numerous signs of various sizes and heights or other gaudy visual devices. FlatorWallSigns These signs include any permanent sign that is attached to or erected parallel to the face of a building. Wall signs or flat signs include individual letters that have been applied to the building face or signboard panel. Regardless of the type of wall sign chosen, it should adhere to these guidelines: A wall sign should not project more than twelve inches from any building surface. Signs should not obscure architectural details of the building to which they are attached. Signs should be installed in the signable area of the building facade. A wall sign cannot extend beyond the end of the wall to which it is attached. • • • • Downtown ProPerty APPeArAnce GuiDelines 2 ProjectingSigns Hung perpendicular to the building face, projecting signs are highly visible and can be an extremely effective method of identifying a business. Because of their high visibility, projecting signs have perhaps the greatest potential to enhance or detract from the character of the downtown core area. Projecting Signs which symbolize the service offered and are scaled for pedestrians are encouraged in the downtown core area. Decorative brackets may be used, but they should complement, not overwhelm their signs. The lines of the brackets should harmonize with the shape of the sign (as well as being capable of supporting the sign). Window/Doorsigns Any sign that is painted, gold-leafed or attached on the glass area of a door or window is included in this category. A permanent sign hanging in a window is also defined as a window/door sign. Window signs (permanent and temporary) should not exceed the allowable quantity or glass area coverage requirements for a window or storefront. Painted or gold-leaf signs which are professionally installed are recommended to convey a traditional, quality appearance. DirectorySigns A directory sign is one that lists the name and location of occupants on a multi-tenant building. Directory signs should not cover architectural features, or exceed the allowable area requirements. They should be mounted flush with the wall. All directory signs should be of the highest quality, with engraved, painted or vinyl lettering applied to a permanent material. CanopySigns Canopy signs are encouraged in the downtown core area. • • • • • • • • Recommended canopy signs are of several types: sign panels or individual letters which are attached to the vertical face of a canopy; freestanding letters which rest on a canopy’s upper edge; or panels which are suspended from the underside of a canopy. MoveableSignboards If an when allowed, sign boards should not block pedestrian circulation routes or other signage. These signs should be professionally constructed and finished to the highest quality. MemorialSigns Memorial or date of construction signs are encouraged and should be designed and located to be compatible with the building’s architecture. PaintedSignsonaBuildingSurface The renovation of historic advertising painted directly on building surfaces is encouraged, along with creation of large-scale murals as a form of public art. All wall signs and murals should be professionally applied or restored. Inappropriate Signs Inappropriate signs encompass a category of signs that are deemed inconsistent with the image being developed for the downtown core area. Elements of their design (proportion, size, character, illumination etc.) are considered incompatible with the style and character these guidelines seek to achieve. Free-StandingSigns With a few notable historic exceptions, signs on poles or signs supported by structures other than the buildings are discouraged in the downtown core area. RoofSigns Signs that are erected entirely upon or over the roof of a building and are supported solely on the roof structure are prohibited. • • • • 22 Downtown ProPerty APPeArAnce GuiDelines InternallyIlluminatedSigns These plastic faced signs with an internal light source are strongly discouraged. BannerSigns Permanent banners hung from any structure are prohibited. Temporary banners are acceptable for the time permitted only. BillboardsandOff-PremiseSigns Billboards or signs located on premises other than those of the business they identify are prohibited. PortableSigns Portable or trailer signs are prohibited. TrademarkSigns These signs show registered trademarks and advertise products such as Pepsi or NAPA. Trademark signs which do not represent the principal products sold or services conducted on the premises are discouraged. ObsoleteSigns Obsolete signs which advertise or relate to a business no longer on the premises are prohibited. Building Maintenance and Repair Guidelines Use these regularly scheduled maintenance procedures to preserve historic building materials: MaintenanceofStreetsandSidewalks Clean debris from sidewalks, especially where site drainage may be affected. Clean garbage around dumpsters. Property owners are responsible for keeping the sidewalk clean. • • • • MaintenanceofUpperStoryWindows Wash upper story windows. Clean debris from upper story windows. Repair shades or curtains in upper story windows or replace with new. Re-glaze loose glass. This will reduce air leaks. Install weather-stripping. This will enhance energy conservation significantly. Replace broken glass. Remember to duplicate original pattern. MaintenanceofStorefronts Wash display windows. Repair damaged kickplates. Re-caulk display windows to reduce air infiltration. Install weather-stripping around doors. Repoint mortar where necessary. Use the proper procedure fore pointing, matching the color, texture and detailing of the original masonry. (More information on this subject available through the National Park Service’s Preservation Brief Series). MaintenanceofRoofs Clean debris from gutters and downspouts to prevent the backing up of water. Patch leaks in the roof. This should be a high priority for building maintenance. Replace deteriorated flashing. Repoint eroded mortar in the parapet wall, using an appropriate mortar mix. Re-soder downspout connections to prevent water from leaking into walls. If possible, connect downspouts to underground sewers. • • • • • • • • • • • • • • • • • Downtown ProPerty APPeArAnce GuiDelines 2 Do not allow for water to disperse at the foundation of the building. This water may cause damage to the foundation. MaintenanceofAwningsandcanopies Repair leaking downspouts from metal canopies. Replace worn fabric awnings. Re-secure loose awning hardware Wash fabric awnings regularly. This will help extend the life of the fabric. Spray with water from the underside first, to lift dirt particles, then rinse them off. MaintenanceofSigns Re-secure sign mounts to the building front. Repaint faded graphics. Repair worn wiring. Replace burned out bulbs. Remove obsolete signs. Preserve historic painted signs in place as decorative features. • • • • • • • • • • EnergyConservation It is not necessary to remove existing glass to install thermopane to realize energy savings. Generally, the problem is that older glass has dried and the glazing compound around it has shrunk, which allows air to leak around the glass. The best strategy is to reglaze the existing glass (applying linseed oil before glazing if wood is dry) and add weather-stripping. For upstairs windows you may consider installing storm windows to achieve the effect of thermal glazing. Be certain that the frame styles of the storm windows match those of the original windows. Other energy conservation tips include: Reglaze all loose glass. Weather-strip door and windows. Install destratification fans to circulate air. Install insulation in the attic. Consider installing insulation in the crawl space or basement. Existing windows, if properly caulked and weather-stripped, will provide adequate insulation. Most energy loss is through infiltration, which can be treated in the existing window. If a greater degree of insulation is desired, install a storm window. This will provide a greater air space, which will also reduce sound transmission. • • • • • • • • Downtown ProPerty APPeArAnce GuiDelines 2 APPENDIX Property Appearance Guidelines Downtown ProPerty APPeArAnce GuiDelines 2 DefInITIOnSOfPReSeRvATIOnTReATmenTS Preservation: Sustaining the existing form, integrity, and material of a building or structure. It may include initial stabilization work as well as ongo- ing maintenance of the historic building materials. AdaptiveRe-Use: The process of converting a building to a use other than that for which the building was originally designed. Protection: Defending or guarding a property from deterioration, loss or attack or to cover or shield the property from danger or injury. In the case of buildings and structures, such as treatment is of a temporary nature and anticipates future historic preservation treatment. Stabilization: Reestablishing the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at the present. Renovation: Quick and easy solutions to updating a building. Most “preservation” projects are actually renovations. When a building is renovat- ed, the usefulness and appearance of the building is enhanced. While the basic character and significant details are respected and preserved, some sympathetic alterations (that are not necessarily historically accurate) may occur. Alterations should be reversible in the event future owners wish to restore the building to its original design. Rehabilitation: The next level of preservation. Most “tax act” are projects are rehabilitations. Rehabilitation is the process of returning a property to a state which makes a contemporary use possible, while still preserving those portions or features of the property which are sig- nificant to its historic, architectural and cultural values. Rehabilitations may include the adaptive re-use of the building, and major or minor additions may also occur. Restoration: Restoration reproduces the appearance of a building exactly as it looked at a particular moment in time; to reproduce a pure style, either interior or exterior. This process may include a removal of later work or the replacement of missing historic features. Use a restoration approach for missing details or features of a historic building when the features are determined to be particularly signifi- cant to the character of the structure, and when the original configuration is accurately and adequately documented. Reconstruction: Reconstruction is the process of reproducing by new construction of the exact form and detail of a vanished building, structure or object as it appeared at a specific period of time. 2Downtown ProPerty APPeArAnce GuiDelines GLOSSARyOfARcHITecTuRALTeRmS Base: The lowest part of a building; the lowest part of a column. Balustrade: A railing or low wall consisting of a handrail on Balusters (small supporting posts) and a base rail. Cap: The top member of a column or pilaster. Clerestory: an upper zone of wall pierced with windows that admit light into a large room. Context: The surrounding environment of a building or site, including other structures, site features, landscape and streets. Coping: A capping to a wall or parapet. Corbel: A bracket of stone, wood or metal projecting from the side of a wall and serving to support a cornice, the spring of an arch, a balustrade or other element. Cornice: A projected ornamental molding along the top of a building crowning it. Dormer: a window set upright in a sloping roof; the roofed projection in which this window is set. Elevation: A “head-on” drawing of a building facade or object, without any allowance for perspective. An elevation drawing will be in a fixed proportion to the measurement on the actual building. Facade: A face of a building, usually the front. Fascia: A horizontal band of vertical face trim. FreestandingSign: A detached sign which is supported by one or more columns, uprights or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground. Gable: The triangular wall enclosed by the sloping ends of a ridged roof. HoodMolding: A projecting molding around the top of a doorway or window to throw off the rain. IndirectLighting: Light only from a concealed light source outside the sign face which reflects from the sign surface. InternalIllumination: A light from a source concealed or contained within the sign, and which becomes visible through a translucent surface. Kickplate: A solid panel beneath a storefront display window. Landmark: A prominent building or feature officially designated as having special status and protection. Lattice: An openwork screen or grill made of interlocking or overlapping strips. Lintel: A horizontal beam spanning an opening. Luminaire: A lighting unit; the housing for a light bulb, used for exterior lighting. Molding: A shaped strip of wood, metal, brick, etc. Usually mounted horizontally, and used as ornament on a surface of a structure. Downtown ProPerty APPeArAnce GuiDelines 2 Motif: An element in a composition, a principal repeated element in design. MonumentSign: a fee-standing sign, generally low to the ground with a continuous connection to the ground, as opposed to being supported on a pole. Parapet: Either the edge of the roof or the top of a wall which forms the top line of the building silhouette. Portico: A porch or covered walk consisting of a roof supported by columns; a colonnaded porch. Preserve: To keep in perfect or unaltered condition. Preservation usually included the overall form of the building, its structural system, and finishes, as well as any decorative details. Landscaping materials may also be preserved. Note that preservation of a structure may include keeping alterations and additions that have become important. Reconstruct: To create again. A building, room or detail may be reproduced in its exact detail and appearance as it once existed. A accurate reconstruction requires good evidence of the original design. One approach to construction includes using the same construction methods as were used originally., whereas a second approach allows the use of substitute methods and materials, so long as they achieve the same visual effect as the original. Rehabilitate: To return to useful life. Rehabilitation is the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. Remodel: To remake; to make over. In a remodeling, the appearance is changed by removing original detail and altering spaces. New materials and forms are installed. Applying a “modern” front to an older building is an example of remodeling. Often, these changes are not reversible. Restore: To bring back to previous condition. In a restoration an earlier appearance of the building is recreated, both in form and detail. Original elements that have been covered are exposed, and missing pieces replaced with new ones the match the original. Shaft: The main portion of a column, between the base and the capital. Sill: The horizontal bottom member of a window or door frame. Stabilize: To make resistant to change in condition. A building is usually stabilized to retard deterioration until it can be repaired. A weather-resistant closure, and a safe structural system are minimum stabilization efforts. StringCourse: A thin projected horizontal strip of masonry on the facade of a building. TerraCotta: A ceramic material molded decoratively and often glazed, used as a facing for buildings or as an inset ornament. Transom: A horizontal cross bar in a window, over a door or between a door and window above it. Also refers to a window above a door or other window built and often hinged to a transom. 0 Downtown ProPerty APPeArAnce GuiDelines Designation Number Designation Date Address of Designated Property H-1 9/02/80 123 North Elm Street H-4 1/07/81 607 Pearl H-5 1/07/81 609 West Oak Street H-6 1/07/81 722 West Oak Street H-7 1/07/81 705 West Oak Street H-8 1/07/81 811 West Oak Street H-9 1/07/81 723 West Oak Street H-10 1/07/81 812 West Oak Street H-11 1/07/81 1003 West Oak Street H-12 1/07/81 1023 West Oak Street H-13 1/07/81 1015 West Oak Street H-14 2/17/81 610 West Oak Street H-15 2/17/81 1819 North Bell Avenue H-16 2/17/81 818 West Oak Street H-17 4/07/81 819 West Oak Street H-18 4/07/81 101 West Elm Street-Burned 1994 H-19 6/16/81 119 West hickory Street H-21 2/23/82 210 North Locust H-22 2/23/82 Oakwood Cemetery H-23 2/23/82 1314 North Locust H-24 4/20/82 Courthouse on the Square H-25 9/07/82 221 North Elm Street H-26 9/21/82 1555 Lindsey H-27 8/02/83 703 Bolivar H-28 10/04/83 619 Grove H-29 11/15/83 Old Warehouse at the southeast corner of Bell & Hickory H-30 11/15/83 Old Diesel Plant at the southwest corner of Bell & Hickory PROPeRTIeSWITHHISTORIcLAnDmARkDeSIGnATIOn,asofJanuary1,2000 H-33 1/15/85 217 East Oak Street H-35 6/10/86 805 Bolivar H-36 5/06/87 928 West Hickory H-37 9/20/88 118-120 North Locust 91-001 8/20/91 305 Mounts Street 92-002 3/02/93 915 West Oak Street 93-001 6/15/93 120 West Oak Street 93-002 11/16/93 200 West Hickory Street 94-001 12/06/94 1035 West Oak Street 94-002 12/06/94 1004 West Oak Street 94-003 12/06/94 1018 West Oak Street 95-001 12/19/95 1513 North Locust 99-313 9/07/99 421 East Hickory 99-314 9/07/99 610 Oakland Street 99-315 9/07/99 100 North Locust 99-316 9/07/99 520 North Austin Downtown ProPerty APPeArAnce GuiDelines THeSecReTARyOfTHeInTeRIOR’S STAnDARDSfORReHAbILITATIOn These design guidelines are based upon the Secretary of the Interior’s Standards for Rehabilitation. The intended result of establishing standards is to advance the longterm preservation of historic resources through the preservation of their materials, features and characteristics. They apply beyond historic buildings to include historic landscapes, sites and environments. The standards should be referred to by the property owner and developer during the drafting of the rehabilitation plans. If a property owner wishes to take advantage of the federal tax incentive program, the local Historic preservation Officer can provide details on eligibility for the federal tax credits. The following Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration features and spaces that characterize a property shall be avoided. Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 1. 2. 3. 4. 5. 6. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials should not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 7. 8. 9. 10. TheSecretaryofInterior’sStandardsforRehabilitationhelpedguidethe transformationof525S.Locust. Seethe1925photoontop,howthe buildinglookedin2000,andhowthebuildinglookstodayafterextensive renovations. 2 Downtown ProPerty APPeArAnce GuiDelines Downtown ProPerty APPeArAnce GuiDelines For any questions regarding the information in these guidelines, please contact: JULIE GLOVER CITY OF DENTON HISTORIC PRESERVATION OFFICER 215 E. MCKINNEY DENTON, TX 76201 940-349-7732 940-349-7806 FAX jjulie.glover@cityofdentonj.com Contact Information PHOTOGRAPH CREDITS: Cover: Caparoon Photography Page8: Caparoon Photography Page12: Shannon Drawe Photography Page15: Shannon Drawe Photography Page23: Caparoon Photography For more information on the City of Denton’s historic preservation programs and initiatives, contact: City of Denton Downtown Development 215 E. McKinney St. Denton, TX 76201 (940)349-7732 Action Item 2D Planning Report Historic Preservation Code Amendments DCA17-0009 Historic Landmark Commission August 14, 2017 REQUEST: Hold a public hearing and consider making a recommendation to the Planning and Zoning Commission and City Council regarding repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, and adding Section 35.3.15, Historic Preservation Procedures to the Denton Development Code (DCA17-0009, Historic Preservation Code Amendments, Roman McAllen) APPLICANT: City of Denton BACKGROUND: The Denton Development Code (DDC) defines two historic districts within the city, the Oak- Hickory Historic District and the West Oak Area Historic District and a separate historic conservation district, the Bell Avenue Historic Conservation District. Each district contains standards in the DDC for the protection and preservation of structures and defined procedures for submitting an Application for a Certificate of Appropriateness (COA). The DDC also provides procedures for the designation of Historic Landmarks. The purpose of the proposed Code amendments are to specifically define administrative roles and responsibilities, clarify and organize procedures, streamline processes, and remove redundant language. Below is a summary of the key proposed revisions: • Definitions have been aggregated into Section 35.23.2. • Multiple references to Certificates of Appropriateness have been centralized in one cohesive section and clearly delineates when something may be administratively approved. • The procedures for designations of Historic Landmarks, Historic Districts, and Conservation Districts have been revised for clarity and consistency. • Procedures have been relocated and consolidated into Section 35.3.15. • Language relating to exterior painting, fencing and landscaping was inserted per the public input process. • It is recommended that the Bell Avenue Conservation District be recognized as a Historic District. • COAs would be valid for one (1) year from the date of issuance. CONSIDERATIONS: 1. The amendment process began in 2016 with community meetings in each of the districts. Attendees voted for their preferences as to whether COAs for painting, fencing and Planning Report DCA17-0009 Page 2 of 2 landscaping in their respective districts, approved by the Historic Landmark Commission or by the administrative authority of the historic preservation officer. Meetings were held on: June 20, 2016 for the West Oak Historic District June 23, 2016 for the Bell Avenue Conservation District, and June 30, 2016 for the Oak Hickory District. 2. The expressed preferences of each district were incorporated into the proposed ordinance revisions and at a fourth meeting held on July 14, 2017, staff presented a draft of the changes to the public. 3. Upon further evaluation, staff recognized a need to comprehensively review and update the entire Historic Preservation Section. The Planning Division staff went through several iterations and internal reviews that resulted in the proposed Code amendments. 4. Staff is recommending adding Section 35.3.15.1 Historic Preservation Procedures to Subchapter 3 - Procedures. This section shall contain all procedural related preservation code, previously located in Section 35.7.6. 5. Subchapter 35.7.6 now contains only sections on purpose, penalty and enforcement and shall be followed by the individual sections pertaining to the districts. STAFF RECOMMENDATION: Staff recommends repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8 and adding Section 35.3.15.1., Historic Preservation Procedures to the DDC. OPTIONS: 1. Recommend approval as submitted 2. Recommend approval subject to conditions 3. Deny 4. Continue the item ATTACHMENTS: 1. Proposed General Section of Code 2. Proposed Procedure Section of Code 3. Proposed Definitions to be added to Code 4. Proposed HLC Section as Amended 5. PowerPoint Presentation Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP Ron Menguita, AICP Historic Preservation Officer Long Range Planning Administrator Page 1 35.7.6. Historic Preservation 35.7.6.1. Purpose The City Council hereby finds as a matter of public policy that the protection enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of culture, prosperity, education and general welfare. The purposes is to: A. Protect, enhance, promote and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City's and State's architectural, archeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. B. Safeguard the City's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; C. Stabilize and improve property values in such locations; D. Foster civic pride in the beauty and accomplishments of the past; E. Protect and enhance the City's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; F. Strengthen the economy of the City; G. Promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors of the City. 35.7.6.2. Penalty A. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any building, structure or land with a historic landmark designation or located in a historic or conservation district in violation of the provisions of this Subchapter, and the City in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing or maintenance to restrain, correct or abate such violation to prevent any illegal act, business or maintenance in an about such premises. B. Any person violating any provision of this Section shall be guilty of a misdemeanor and shall be punished as provided in Section 35.1.10.4 of this Chapter. 35.7.6.3. Enforcement A. No person shall construct, reconstruct, alter, remodel, renovate, restore, demolish, raze or maintain any building, structure or land with a Historic Landmark designation or a building, structure or land located in a locally designated Historic or Conservation District unless application is made for a Certificate of Appropriateness (COA) for said work and such a certificate is granted as provided in Section 35.3.14 of the Denton Development Code. B. The City in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing or maintenance to restrain, correct or abate such violation to prevent any illegal act, business or maintenance in an about such premises. C. Other regulations applicable to Historic Landmarks, Conservation Districts and Historic Districts as contained in any other section of this Subchapter or Code shall continue to apply, except as specifically modified in this Section. Page 2 D. Any person violating any provision of this Subchapter shall be guilty of a misdemeanor and may be punished as provided in Section 35.1.10.4 of this Chapter, as amended. 35.7.9. Oak-Hickory Historic District. 35.7.9.1. Purpose The purpose of this Section is to ensure the protection and preservation of the Oak-Hickory Historic District by providing regulations for the use, construction, alteration, repair, improvement and alteration of buildings, structures, properties and sites within the district. All properties within the district must comply with the underlying zoning district and use classification regulations. 35.7.9.2. Boundaries The Oak-Hickory Historic District is generally bounded by Hickory Street to south, Welch Street to the west, Pearl Street to the north, and Williams Street to the east as established by Ordinance No. 87-224. Major Public Streets in the District are West Oak, West Hickory, Mounts, Denton, Pearl and Fulton Streets. Exhibit 1: Approximate Boundaries of The Oak Hickory Historic District 35.7.9.3. Architectural Requirements Architectural requirements in the Oak-Hickory Historic District shall be as follows: A. Primary structure. The primary structure must be compatible in scale with primary structures existing in the district. The combined square footage of all structures on a given lot may not exceed fifty percent (50%) lot coverage. Compatibility or the appropriateness with respect to additions or alterations to an existing structure shall be determined by comparison with historical photographs or documentation whenever available. B. Accessory buildings. Accessory buildings which are visible from any public street, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. The combined square footage of all structures on a given lot may not exceed fifty percent (50%) of the square footage of said lot. Compatibility and or the appropriateness with respect to additions or alterations to an existing structure shall be determined by comparison with historical photographs or documentation whenever available. C. Architectural detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. Page 3 D. Destruction and demolition: If the exterior of historic structures are to be altered and if previous alterations have modified the original design, then the alteration process shall return the structure to a form based on historic documentation. In the case of destruction by natural forces, replacement structures and or repairs shall conform with the original form based on historical documentation, or if none exists, shall conform in scale and proportion to the remaining structure and or the scale and proportion of structures similarly designed. E. New Construction and additions: Generally, all buildings must be placed so as to not adversely affect the rhythm of spaces between buildings on the block. Additions and or replacement buildings shall have a front setback that is the average of the adjacent lots of contributing buildings. F. Chimneys: All chimneys must be compatible with the style of the proposed building. Chimneys must be constructed of brick, stucco, stone or other materials compatible in texture, color and style with the proposed main building. G. Additions: All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing building. H. Color: 1. Color. Structures in The District may be painted any color from the following paint manufacturer’s preservation color palettes: Sherwin Williams America’s Heritage Historical Exterior Colors Palette, Valspar Paint National Trust Historic Colors, Pittsburgh Paints Historic Collection, or similarly intended pallets. Any paint brand is allowed. Fluorescent and metallic colors are not permitted on the exterior of any structure in the district. 2. Dominant and trim colors. All structures must have a dominant color which shall not be of vivid saturation. The colors of a structure must be complementary to each other and the overall character of the main building. 3. Gutters and downspouts. Gutters and downspouts must be of a color that matches or complements the color scheme of the main building. 4. Roof colors. Roof colors must complement the style and overall color scheme of the structure. 5. Masonry and brick surfaces. Masonry and brick surfaces not previously painted must not be painted unless it is determined that: a. The painting is absolutely necessary to restore or preserve the masonry or brick; or b. The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface. 6. Stain. The use and color of stain must be typical of the style and period of the structure. I. Façade materials 1. Generally. The permitted façade materials are brick, wood siding, wood, stone and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case by case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building. 2. Wood façades. Existing wood façades must be preserved as wood façades. J. Front entrances and porches 1. Detailing. Railings, moldings, tile work, carvings, and other detailing and architectural decorations must be applied in a manner typical of the style and period of the main building. 2. Enclosures. A front entrance or porch may not be enclosed with any material, including iron bars, glass, or mesh screening. Page 4 3. Façade openings. New porches must not obscure or conceal any façade openings in the main buildings. 4. Floor coverings. Carpeting is not permitted as a porch floor or step covering. 5. Style. Each proposed main building must have a front porch or entry treatment with a shape, roof form, materials and colors that are typical of the style of the proposed main building. A front entry or porch must reflect the dominant horizontal and vertical characteristics of the proposed main building. K. Roof Forms 1. Material and colors. Roof material and colors must complement the style and overall color scheme of the structure. 2. Patterns. Roof patterns must be typical of the style and period of the main building. 3. Slope and pitch. The degree and direction of the roof slope and pitch must be typical of the style and period of the main building. 4. Skylights and solar panels. The HLC may allow skylights and solar panels on a building if their placement does not have an adverse effect on the architecture of a building or the district as a whole. In the Oak Hickory Historic District, Skylights are permitted on the rear of accessory buildings only. L. Windows and doors 1. Front façade openings. The location and size of windows and doors in proposed façades must be compatible in scale with the typical style and period of the main building. 2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening. 3. Screen, storm doors and storm windows. Screens, storm doors, and storm windows may be permitted if: a. Their frames are painted to match or complement the color scheme of the main building; and b. They do not obscure significant features of the windows and doors they cover. 4. Security and ornamental bars. Security and ornamental bars are only permitted on the exterior of an accessory building, the rear façade of the main building and the interior of the building. 5. Shutters. Shutters must be typical of the style of the proposed main building and appear to be installed in a manner to perform their intended functions. 6. Style. All windows and doors in the front façade of the main building must be proportionally balanced in a manner typical of the style and period of the building. 7. Size. The size and proportion of window and door openings located on the front and sides of the main building must be typical of the style and period of the main building. 8. Frames. The frames of the windows must be trimmed in a manner typical of the style and period of the building. 9. Openings. All windows, doors, and lights in the front and side façades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door. M. Outdoor lighting. Outdoor light fixtures must be compatible with the style and period of the main building and not obscure or conflict with significant architectural details of the building. 35.7.9.4. Fences Fences are not mandatory; however when installed or replaced in the Oak-Hickory Historic District they shall meet the requirements of the section of the Development Code specific to fencing and shall require an administratively approved COA. They shall also comply with the following additional requirements: Page 5 1. Fences must be maintained in a vertical position. 2. The top edge of a fence must be along a line that is either horizontal or substantially parallel to grade. 3. In general fencing is discouraged between the setback line of structures and the street. A. Color and style. Fences must be of a color, style, and material which is compatible to the main building. B. Masonry columns and bases. The color, texture, pattern, and dimensions of masonry and the color, width, type, and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as practicable. 35.7.9.5. Signs All signs located within the Oak-Hickory Historic District shall be subject to the provisions of Chapter 33 of the Code of Ordinances, except as modified as follows: A. Signs permitted. Wall signs are permitted. Ground, roof, projecting, portable, and off-premises signs are prohibited. B. Wall Sign regulations. 1. Number of wall signs. Only one (1) wall sign per premises is permitted. 2. Size. No wall sign shall have a maximum dimension which is greater than two (2) feet, measured along the greater distance of any one (1) line which defines the effective area of the sign. C. Address or name signs. The sign regulations of this Section shall not apply to the signs or numbers which are used solely to identify the street address of the premises or they identity by name the occupants of a residential building. D. Approval procedure for signs. No signs shall be constructed or located and no existing wall sign shall be altered, until a COA is issued in accordance with the procedure applicable to alterations or changes of the exterior architectural features of buildings. 35.7.9.6. Parking The provisions of the Development Code applicable to parking shall apply to the Oak-Hickory District, except as modified as follows: A. Location. All off-street parking spaces for any building used as a multi-family dwelling or for a non- residential use shall be located between the building fronting the public street and the rear property line. B. Number of parking spaces. Each specified use shall provide the following number of parking spaces: 1. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit. 2. Non-residential uses shall provide one and one-half (1.5) times the number of parking spaces required for that use by Subchapter 35.14. 35.7.10. Bell Avenue Historic District 35.7.10.1. Purpose The purpose of establishing the Bell Avenue Historic District is to safeguard the heritage of the City of Denton by preserving the Bell Avenue area of the City. The area contains landmarks, buildings, and/or Page 6 sites which reflect elements of the City's cultural, social, economic, political or architectural or archeological history. It is also to: ensure compatibility of new construction and structural alterations with the existing scale and characteristics of surrounding properties, foster civic pride in the beauty and accomplishments of the past, and identify and promote the use of historic resources for the education, pleasure, and welfare of citizens of the City of Denton. 35.7.10.2. Boundaries. The Bell Avenue Historic District is includes all the properties that front Bell Avenue between East University Drive and East Sherman Drive established by Ordinance No. 2005-099. Exhibit 2: Approximate Boundaries of The Bell Avenue Historic District 35.7.10.3. Architectural Regulations Architectural requirements in the Bell Avenue Historic District shall be as follows: A. Primary Structures. Primary structures must be compatible in scale with primary structures existing in the district. B. Accessory buildings. Accessory buildings which are visible from any public street, other than an alley, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. C. Architectural Detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. D. Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale shape, roof form, materials, detailing and color of the existing building. E. Color. Colors of all structures should be complementary to each other and the overall character of the main building. The HPO may administratively approve re-painting of homes in this district. F. Façade Materials. Page 7 1. The permitted façade materials are brick, wood siding, wood, stone and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case by case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building. 2. Brick or stone that was originally unpainted should remain so, since irreversible damage can result from attempts to remove paint by methods such as sandblasting. Painting or covering original brick or stone is discouraged. 3. Retain significant character defining wooden or metal façade elements. Examples include cornice brackets, gingerbread, decorative trim elements, ornamental barge/fascia board, and soffit. G. Historic architectural elements of the façade are to be preserved if they are still historically accurate at the time of the creation of the district. Every effort should be made to repair damaged portions of original materials. H. Roof Material and Colors. Roof materials and colors must complement the style and overall scheme of the structure. 1. Existing roofs that are visible from the public right-of-way should retain their profile as it relates to shape and slope. Appropriate roof treatments include dimensional shingles, real or synthetic slate shingles or standing seam metal. 2. Historic systems that are integral to the roof, such as flashing, and leader/conductor boxes, built-in gutters, downspouts or snow guards, should be retained and maintained on a regular basis, as these types of systems often were crafted of heavy gauge, resilient materials such as copper or zinc and generally outperform modern materials, as well as retain a patina and contribute to the appearance of the structure. 3. Buildings that incorporate a sloped roof, such as a gable and/or hipped roof, often feature decorative elements that should be retained, including but not limited to, roof cresting, ridge caps and finials. I. Fencing. A certificate of appropriateness is not required to install a fence in the Bell Avenue Historic District; however fencing shall comply with the City’s development code requirements. J. Doors. Replacement doors should be sized to fit in the existing opening. The opening should not be altered so as to accept either a smaller door (e.g., filling in excess space with material such as lumber, bricks or cement blocks) or to facilitate a larger door or doors (e.g., knocking out part of the surrounding wall and reframing the opening). K. Windows. 1. Window openings should not be altered to accommodate replacement windows (e.g., "blocking down" or "blocking in" the opening). 2. Replacement windows should relate to and be appropriate for the age and architectural style of the structure. 3. In situations where original windows remain, every effort should be made to repair such windows, rather than replace them outright. 35.7.13. West Oak Area Historic District 35.7.13.1. Purpose The purpose of this subsection is to ensure the protection and preservation of the West Oak Area Historic District by providing regulations for the use, construction, alteration, repair, improvement and alteration of buildings, structures, properties and sites within the district. Page 8 35.7.13.2. Boundaries The West Oak Historic District is generally bounded by Oak Street to the south, Thomas Street to the west, Houston Place to the north, and Jagoe Street to the east as established by Ordinance No. 2008- 136. Exhibit 3: Approximate Boundaries of The West Oak Historic District 35.7.13.3. Architectural Requirements Architectural requirements in the West Oak Area Historic District shall be as follows: A. Primary Structure. Primary structures must be compatible in scale with the primary structures existing in the district. B. Accessory buildings. Accessory buildings which are visible from any public street, other than an alley, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. C. Architectural detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. D. Awnings. Metal and corrugated plastic awnings are only permitted on an accessory building or the rear façade of a main building, if not visible from any pubic street, other than an alley, as determined by the Historic Preservation Officer. Other awnings must be typical of any proposed structure and the character of the main building. E. Building placement. All buildings must be placed so as to not adversely affect the rhythm of spaces between buildings on the block. A thirty (30) foot minimum setback is standard in this area and new construction shall follow that standard. Additions and or replacement buildings shall have a front setback that is the average of the adjacent lots of contributing buildings. F. Chimneys. All chimneys must be compatible with the style of the proposed building. Chimneys must be constructed of brick, stucco, stone or other materials compatible in texture, color and style with the proposed main building. G. Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing building. H. Color. 1. Roof colors. Roof colors must complement the style and overall color scheme of the structure. 2. Masonry and brick surfaces. Masonry and brick surfaces not previously painted must not be painted unless it is determined that: Page 9 a. The painting is absolutely necessary to restore or preserve the masonry or brick; or b. The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface; or c. The structure is not a contributing structure to the district and or the brick and style of the building are not complimentary to such a degree that together they define an architecturally significant whole. 3. A COA shall not be required for exterior painting of structures in the West Oak Historic District; however, it is suggested that structures in the West Oak Historic District be painted colors from the following paint manufacturer’s preservation color palettes: Sherwin Williams Preservation Palettes (including America’s Heritage Historical Exterior Colors and Suburban Modern Historical Exterior Colors), Valspar Paint National Trust Historic Colors, Pittsburgh Paints Historic Collection, or similarly appropriate products. I. Façade materials. 1. Generally. The permitted façade materials are brick, wood siding, wood, stone and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case by case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building. 2. Wood façades. Existing wood façades must be preserved as wood façades. J. Front entrances and porches. 1. Detailing. Railings, moldings, tile work, carvings, and other detailing and architectural decorations must be typical of the style and period of the main building. 2. Enclosures. A front entrance or porch may not be enclosed with any material, including iron bars, glass, or mesh screening. 3. Façade openings. Porches must not obscure or conceal any façade openings in the main buildings. 4. Floor coverings. Carpeting is not permitted as a porch floor or step covering. 5. Style. Each proposed main building must have a front porch or entry treatment with a shape, roof form, materials and colors that are typical of the style of the proposed main building. A front entry or porch must reflect the dominant horizontal and vertical characteristics of the proposed main building. K. Roof Forms. 1. Material and colors. Roof material and colors must complement the style and overall color scheme of the structure. 2. Patterns. Roof patterns must be typical of the style and period of the main building. 3. Slope and pitch. The degree and direction of the roof slope and pitch must be typical of the style and period of the main building. 4. Skylights and solar panels. The Commission may allow skylights and solar panels on a building if their placement does not have an adverse effect on the architecture of a building or the district as a whole. L. Windows and doors. 1. Front façade openings. The location and size of windows and doors in proposed façades must be compatible in scale with the typical style and period of the main building. 2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening. Page 10 3. Screen, storm doors and storm windows. Screens, storm doors, and storm windows may be permitted if: a. Their frames are painted to match or complement the color scheme of the main building; and b. They do not obscure significant features of the windows and doors they cover. 4. Security and ornamental bars. Security and ornamental bars are only permitted on the exterior of an accessory building, the rear façade of the main building and the interior of the building. 5. Shutters. Shutters must be typical of the style of the proposed main building and appear to be installed in a manner to perform their intended functions. 6. Style. All windows and doors in the front façade of the main building must be proportionally balanced in a manner typical of the style and period of the building. 7. Size. The size and proportion of window and door openings located on the front and sides of the main building must be typical of the style and period of the main building. 8. Frames. The frames of the windows must be trimmed in a manner typical of the style and period of the building. 9. Openings. All windows, doors, and lights in the front and side façades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door. M. Outdoor lighting. Outdoor light fixtures must be compatible with the style and period of the main building and not obscure or conflict with significant architectural details of the building. N. Fencing. A certificate of appropriateness is not required to install a fence in the West Oak Historic District; however fencing shall comply with the City’s development code requirements 35.7.13.4. Signs A Special Sign District is hereby established, imposing additional regulations upon all signs located within the West Oak Area Historic District subject to the additional provisions of Chapter 33 of the Code of Ordinances, except as modified as follows: A. Additional Wall and stake sign regulations. 1. Number of wall signs. Only one (1) wall sign per premises is permitted. 2. Size. No wall sign shall have a maximum dimension which is greater than two (2) feet, measured along the greater distance of any one line which defines the effective area of the sign. B. Address or name signs. The sign regulations of this section shall not apply to the signs or numbers which are used solely to identify the street address of the premises or they identity by name the occupants of a residential building. C. Approval procedure for wall signs. No new signs shall be constructed or located and no existing sign shall be altered, until a COA is issued in accordance with the procedure applicable to alterations or changes of the exterior architectural features of buildings, as provided for in this Subchapter. 35.7.13.5. Parking The provisions of the Development Code applicable to parking shall apply to the West Oak Area District, except for the following modifications: A. Location. All off-street parking spaces for any building used as a multi-family dwelling or for a non- residential use shall be located between the building fronting the public street and the rear property line. Page 11 B. Number of parking spaces. Each specified use shall provide the following number of parking spaces: 1. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit. 2. Non-residential uses shall provide one and one-half (1.5) the number of parking spaces required for that use by the Development Code. 1 35.3.15 Historic Preservation Procedures. 35.3.15.1 General Provisions. The following are the general provisions applicable to Historic Landmarks, Historic Districts, and Conservation Districts within the City of Denton, as defined under Subchapter 23 of the Denton Development Code. A. Public Hearings 1. The City Planning and Zoning Commission shall hold public hearings as required in the same manner and with the same notice provisions as provided for zoning regulations in V.T.C.A., Local Government Code § 211.006 – 211.007, as amended, to consider any Historic Landmark, Historic District or Conservation District designation ordinance after receiving a recommendation from the Historic Landmark Commission (HLC). 2. Within thirty (30) days after the public hearing, the City Planning and Zoning Commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the City Council along with the recommendation of the HLC. B. Notices Any notice required to be given under this Section, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for City taxes as the ownership appears on the last approved City tax roll. C. Recording of decision Upon passage of an Historic Landmark designation ordinance by the City Council, the City Secretary shall file a copy of the ordinance with the Denton County Tax Clerk, together with a notice briefly stating the fact of the designation, and shall send a copy of such notice to the owner of the affected property by certified mail. D. Amendments The regulations, restrictions and boundaries created under the authority of this Subchapter concerning Historic Landmarks and Historic and Conservation Districts may from time to time be amended, supplemented, changed, modified or repealed pursuant to the public notice and hearing requirements, as amended, herein. If there is a written protest against such change signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such proposed change or of the lots or land immediately adjoining the change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of all members on the City Council. E. Completeness Determination Every application shall be subject to a completeness determination by the HPO. No application shall be accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this Subchapter and all applicable City ordinances, rules, and regulations. An application deemed incomplete shall not bind the City as the official acceptance of the application for filing, and the incompleteness of the application shall be grounds for denial or revocation of the application. The HPO will make his/her completeness determination within 10 days from the date of receipt of the application. An email or comment in the City’s permit tracking program is considered a determination in writing. Applications will be deemed complete on the 11th business day after the application is received. 2 35.3.15.2. Historic Landmarks. The City Council may designate buildings, structures, sites, areas and lands in the City as Historic Landmarks. This is a zoning designation in addition to any other use desitnation. A Historic Landmark does not have to be located in a Historic or Conservation District. The zoning map shall reflect the designation of Historic Landmarks. A. Procedures for Designation. 1. The owner of the property seeking designation, or owner’s representative, the Historic Landmark Commission (HLC), Planning and Zoning Commission, Historic Preservation Officer (HPO), or the City Council may initiate a Historic Landmark designation by filing an application with the HPO. 2. Requests for designation shall be made on a form obtained from the HPO. 3. Nominations prepared and submitted by an authorized agent shall contain the signatures of the owner or owners unless created by resolution of the city council or the HLC. 4. Applications shall be considered by the HLC at a regular meeting which shall make a recommendation to the Planning and Zoning Commission regarding such designation. The Planning and Zoning Commission, after a regular meeting, must make a recommendation to City Council for its consideration. The decision at City Council, after a regular meeting, is final and cannot be appealed. 5. Historic Landmark Commission-approved medallions for designated structures may be prepared and, subject to the approval of the owners, may be affixed to individually designated Historic Landmarks. B. Criteria for approval, Generally. The following criteria will be used in the designation of a Historic Landmark. 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City, State or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Reflects a distinguishing characteristic of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the City; 5. Reflects elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the City, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the City; or 13. Value as an aspect of community sentiment or public pride. 3 35.3.15.3. Historic and Conservation Districts. The City Council may designate buildings, structures, sites, areas and lands in the City as part of a Historic or Conservation District and define, amend, and delineate the boundaries thereof. This is a zoning designation in addition to any other use desitnation. The zoning map shall reflect the designation of Historic and Conservation Districts. A. Applications. Applications for consideration of a proposed District shall be based upon architectural, historical, archeological or cultural importance or value and accompanied by the following information: 1. A map showing the boundaries of the proposed district drawn to a scale of one (1) inch equals two hundred (200) feet and the location of each structure of importance or value identified by a number or letter designation; 2. Any evidence which would show recognition by either the state and/or the national government. 3. A list of specific buildings, structures, sites, areas or lands of importance or value located within the proposed District boundaries and a description of the particular importance or value of each such building, structure, site, area or land. 4. Sufficient photographs of each building, structure, site, area or land of importance or value showing the condition, color, size and architectural detail of each, and where possible: a. Date of construction; b. Builder or architect; c. Chain of uses and ownership; d. Architectural style; e. Materials; f. Construction technique; and g. Recognition by state or national government as architecturally or historically significant, if so designated. B. Procedures for Designation. 1. Initiation. Designation as a District may be initiated by the Historic Landmark Commission (HLC) or by written petition in the form prescribed by this Section. Such a request shall designate clearly the land proposed to be included. 2. Applications. Requests for designation shall be made on a form obtained from the city HPO. Completed applications shall be returned to the HPO for review and processing as applicable. The HPO is the administrative official with original jurisdiction to review applications and submitted written support for completeness. 3. Time Limits. Properly submitted applications shall remain valid for one (1) year from the date it is deemed complete and thereafter shall be expired. 4. Petition Required. The applicant must submit with the application, a petition with signatures of more than fifty (50) percent of the owners of the property within the proposed District who collectively own more than fifty (50) percent of the land area within the proposed District. Property ownership shall be verified utilizing the last certified tax rolls of the appropriate county tax assessor collector for the proposed area. For purposes of calculating the support of more than fifty (50) percent of the property owners, each property as listed on the tax rolls shall be counted individually, regardless of whether an individual or group owns multiple properties within the proposed area. Properties owned by governmental entities shall not be counted in the more than fifty (50) percent support 4 requirement, although their written preference may be submitted to any board, commission or to city council for their consideration. Additionally, for properties owned by more than one (1) party, only one (1) property owner need submit written support in order for the HPO to count the property in the calculation. 5. Decision. Once the HPO receives a completed application, the HPO must call a public hearing in front of HLC. The HLC shall make its recommendation for either approval or denial within thirty (30) days from the date of the public hearing for consideration by the Planning and Zoning Commission. The Planning and Zoning Commission shall schedule a public hearing to be held within sixty (60) days of receipt of the HLC's recommendation and shall forward its recommendation for either approval or denial to the City Council. The city council shall, at a public hearing, review and either approve or deny the proposed district. Upon passage of any ordinance designating an area, or removing the designation of a district, the city shall send notice of the fact by mail to the owner or owners of affected property. 6. Increasing Boundaries. Applications to increase the boundaries of a District may be made when one or more of the following criteria are met: a. When buildings, structures, sites, areas or lands of importance or value related to the district are requested for inclusion; or b. When facts previously undisclosed to or unknown by the HLC are revealed which indicate that a particular building or site is possessed of special architectural, archeological, cultural or historical importance or value. 7. Reducing Boundaries. Applications to reduce the boundaries of a District may be made when one or more of the following criteria are met: a. 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 distict; or b. When it can be shown that no degradation of the district, either physical, historical, architectural, archeological or cultural, will result from exclusion of property from the district. 8. Appeal. If the HLC determines at a public hearing that the area is not eligible for a District classification, it shall notify the applicant of the fact in writing. Notice is given by depositing the notice, properly addressed and postage paid, in the United States mail. The notice must be sent to the address shown on the application. The decision of the HLC that an area is not eligible for Historic or Conservation District classification may be appealed to the Planning and Zoning Commission. The Planning and Zoning Commission's determination of eligibility on appeal is final. If the Planning and Zoning Commission determines that the area is not eligible as a District classification, no further applications for a District classification may be considered, for the area of request, for two (2) years from the date of the decision. A property owner in the area of the request may apply for a waiver of the two (2)-year limitation pursuant to the Planning and Zoning Commission and must show changes in circumstances that alter the facts and conditions upon which the first decision was determined. 9. Economic Hardship. 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 HLC may request the owner to document the value, rents, returns, tax burden and/or contracts pertaining to the property. 5 10. Established Districts. Requirements of Subchapter 7 "Special Purpose and Overlay Districts" shall apply to the Historic or Conservation Districts, however, any conflict between this Section and other provisions of Subchapter 7 shall be resolved in favor of this Section. 11. Regulations. The ordinance creating the District must contain design guidelines based on the U.S. Secretary of the Interior's Standards for Rehabilitation, and may further contain any additional regulations, special exceptions, or procedures that the City Council considers necessary to conserve the distinctive atmosphere or character of the area, or to minimize potential adverse impacts which could result from the creation of the district. In addition, all property owners must conform to existing building codes and zoning regulating land uses. C. Criteria for Approval, Generally. The purpose of Historic and Conservation Districts is to geographically define 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 for preservation purposes. They may also include a landmark or a group of landmarks. A District must meet the following criteria: 1. The proposed district must include buildings, structures, or sites that have common character defining features and be of common form. 2. The proposed district must include buildings, structures, or sites which are similar in size, massing and scale. The proposed district may also have a common streetscape or have similar spatial relationships or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. 3. Any District in the City of Denton that is listed on the National Register of Historic Places is presumed to be qualified for designation as a historic or conservation district or included as part of a larger Historic or Conservation District. 4. For designation as a Historic District, a minimum of fifty-one (51) percent of buildings, structures, or sites in the proposed District must be fifty (50) years of age or be of historical significance. 5. For designation as a Conservaton District, a minimum of two (2) buildings must be fifty (50) years of age or be of historical significance. 35.3.15.4. Certificates of Appropriateness. A Certification of Appropriateness (COA) shall be obtained prior to the issuance of a Building Permit. A COA may also be required for work not otherwise requiring a Building Permit. The COA shall be required in addition to, and not in lieu of, any required Building Permit. A. General Provisions. 1. Application. Prior to commencement of any work for which a COA is required, the applicant shall file an application for a COA with Development Services. The application shall contain such information as is requested from a form prepared by the HPO, the provisions of which have been approved by the City Attorney. Applications will be subject to the Completeness Determination in this Subchapter. 2. HPO Discretion. Upon receipt of an application for a COA, the HPO shall determine whether the application is to be administratively reviewed or reviewed by the HLC, using the requirements in this Section. Generally, certificates of appropriateness for exclusively ordinary maintenance and minor exterior alternations may be administratively approved; however, the Director of Planning, his or her designee, or the HPO may place a request for a COA on the agenda to be heard by the HLC at a public meeting based on the significance of the project or its potential for impact to a Historic District or a Historic Landmark. 3. Expiration. The Certificate of Appropriateness shall expire 1 year from the date of issuance; existing COAs shall expire one year from the adoption of this ordinance. 6 4. Time Bar. After a final decision is reached denying a COA, no further applications may be considered for the subject matter of the denied COA for one (1) year from the date of the final decision unless changed circumstances of a completed action regarding the property or project are sufficient to warrant a new meeting, in opinion of the HPO. 5. Amendment. A COA may be amended by submitting an application for amendment to the HPO. The application shall then be subject to the standard COA review procedure. 6. Emergency procedure. If a structure requiring a COA is damaged and the Building Official determines that the structure or property that is a landmark or that is within a Historic or Conservation District will suffer additional damage without immediate repair, the Building Official may allow the property owner to temporarily protect the structure. In such a case, the property owner shall apply for a COA within ten (10) days of the occurrence, which caused the damage. The protection authorized under this Section must not permanently alter the architectural features of the landmark or of the structure in the Historic or Conservation District. 7. New construction. Design for new construction on the site of a property, either individually designated as a Historic Landmark or located in a Historic or Conservation District, shall conform to applicable adopted design guidelines and a COA shall be required. 8. Appeal. If a COA is subject to Administrative Review and no action is taken by the HPO within ten (10) working days, a COA is deemed to be approved. The applicant may appeal the HPO's decision to deny a COA by submitting to the HPO a written request for appeal within ten (10) days of the decision. The written request for appeal starts the HLC Review procedure in this Subchapter. B. Administrative Review. The HPO may administratively approve or deny a COA if the proposed work meets the following criteria: 1. Ordinary maintenance. Ordinary maintenance is defined as the process of stabilizing or repairing, deteriorated or damaged architectural features (including but not limited to roofing, windows, columns, siding and repainting), and includes any work that does not constitute a change in design, material, color or outward appearance, and includes in-kind replacement or repair. If the applicant is seeking a COA for ordinary maintenance only, the HPO may review the application to determine whether the proposed work complies with the regulations contained in this Subchapter and all applicable ordinances, and the HPO may administratively approve or deny the work. 2. Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or alteration to awnings, signage, fences, gutters and downspouts, incandescent lighting fixtures, hardscaping comprising more 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, as determined by the HPO, to the rear of the main structure or to an accessory structure. If the applicant is seeking a COA to authorize minor exterior alterations only, the HPO may review the application to determine whether the proposed work complies with the regulations contained in this Subchapter and all applicable ordinances and administratively approve or deny the application. 3. Conservation Districts. If the applicant is seeking a COA to authorize any work, other than demolition or new construction, on sites located in Conservation Districts, the HPO must review the application to determine whether the proposed work complies with the regulations contained in this Subchapter and all applicable ordinances and administratively approve or deny the application. 7 C. Historic Landmark Commission Review. COAs for all other projects not subject to Administrative Review shall be approved by the HLC at a public meeting pursuant to these procedures. 1. Compliance Required. In considering an application for a COA, the HPO and the HLC shall review it for compliance with The United States Secretary of Interior Secretary of the Interior’s Standards for the Treatment of Historic Properties (The Standards), any applicable adopted design guidelines and any guidelines provided in this subchapter of the Denton Development Code. 2. Sustainability Guidelines. The use of sustainable practices in design is encouraged and the HPO and HLC shall use the Secretary of Interior’s Guidelines on Sustainability for Rehabilitating Historic Buildings as a guide for decisions related to renewable energy such as: solar technology, wind power, insulation, HVAC and similarly related topics. 3. Building Code Requirements. Historic buildings may be exempted from building code requirements due to their status at the discretion of the Building Official. Applicants should verify with the HPO or the Building Official regarding the possible application to a specific project of certain exemptions to the Energy Code, Building Code and Residential Code. 4. Effect of Approval. If a COA has been approved by the HLC, then a certificate will be issued to the applicant, and copies of the certificate will be filed with the Planning Division in the Department of Development Services, and with the Building Official if a building permit is required for the proposed work. 5. Deemed Approval. If final action has not been taken by the HLC within sixty (60) days of the posting of the application on the HLC's agenda by the HPO, then the COA will be deemed approved and a certificate will be issued to the applicant. If all other requirements of the Denton Development Code and applicable regulations are met, and a Building Permit is required for the proposed work, the Building Official shall issue a Building Permit to the applicant for the proposed work. 6. Appeal. If a COA has been denied, the applicant may appeal the decision in writing to the City Council by filing a written notice with the City Secretary within ten (10) days of receiving the notice of the denial. City Council’s decision is final and no further applications shall be considered. D. Demolition or Removal. 1. Criteria. The HLC must consider the following criteria for a COA for Demolition or Removal: a. The state of repair of the building; b. The reasonableness of the cost of restoration or repair; c. The existing and/or potential usefulness, including economic usefulness of the building; d. The purposes behind preserving the structure as an Historic structure; and e. The character of the neighborhood and all other factors it finds appropriate. 2. Appeal. Any applicant or the owner of any property located within two hundred (200) feet of any landmark or structure in a Historic or Conservation District requiring a COA for Demolition or Removal, and who is aggrieved by a ruling of the HLC concerning the landmark or structure in a Historic or Conservation District, under the provisions of this Section may, within sixty (60) days after the ruling of the HLC, appeal to the City Council. Following a public hearing to be held within thirty (30) days of the filing of a notice of such appeal with the City secretary, the City Council may, by a simple majority vote, uphold or overturn any ruling of the HLC made pursuant to this Section. 8 35.3.15.5 Permits Pending Designation. A. From and after the date on which the question of whether or not a building, structure, or site within the City should be designated as an Historic Landmark is placed upon the agenda for any special or regular meeting of the HLC or from and after the date on which such agenda is posted in accordance with the provision of Chapter 551 of the Government Code (Texas Open Meetings Act), as amended, or from and after the date that the HLC approves or recommends a Preservation Plan or any amendment of any existing Preservation Plan which embraces or includes the building, structure or site within the City, whichever date first occurs, no Building Permit allowing the construction, reconstruction, alteration, change, restoration, removal or demolition of any exterior architectural feature of any building or structure then existing included or embraced in whole or in part within the scope of such agenda consideration or such preservation plan or such amendment thereof, as the case may be, and no Permit allowing the demolition or removal of all or any part of any such building or structure may be issued by any official of the City nor, if no such Permit is required, may any person or entity construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of any such building or structure until the earliest of the following conditions have been met: 1. A final and binding COA for the removal or demolition, as may be appropriate, has been issued by the HLC; 2. The HLC fails to make a recommendation that some part or all of any such building or structure be designated an historic landmark or be included within an historic landmark or within a Preservation Plan or an amendment thereof within sixty (60) days following the earliest of the dates described in this Subsection, under the circumstances; or 3. A final and binding decision has been made by the City Council that no part of any such building or structure shall be designated an historic landmark or shall be included within any designated historic landmark. However, should the City Council fail to act within ninety (90) days from the date an appeal is filed, the requested Permit shall be granted. The ninety (90)-day time limitation may be waived by the appellant to allow the City Council an additional thirty (30) days in which to act. B. It shall be the duty of the HPO to furnish the Building Official with a copy or written notice of each such written order or such agenda or such Preservation Plan or amendment thereof, as the case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the Building Official with a copy or written notice thereof however, shall not have the effect of validating any Building Permit, Removal Permit or Demolition Permit issued without knowledge of any such written order or agenda. In any instance in which any such Permit may not be required, it shall be the duty of the HPO to give notice of any such written order or such agenda or such Preservation Plan or amendment thereof to the owner of any building or structure included within the scope thereof, which notice shall be deemed complete when actually given, orally, or in writing, to such owner or when written notice there is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner, whichever event first occurs. C. Any Permit issued to any person from or after the date of any such written order or such agenda or the approval or recommendation of such preservation plan or amendment thereof, as the case may be, shall be null, void and of no force or effect until the earliest of the events described in subsections A.1, A.2 and A.3 of this Section occur. D. Notwithstanding any other provision of this Subsection, no building permit, removal permit or demolition permit shall be issued by the building official for any structure located in a national register district except as authorized by this subsection. The Building Official shall notify the HPO immediately of any application requesting a building permit, removal permit or demolition permit for a structure located in a national register district. No such permit shall be issued by the building official before the HLC has made a recommendation or scheduled the structure on its agenda or before the expiration of forty (60) calendar days, whichever is sooner. If a structure is placed on an agenda item it shall be scheduled for a public hearing as soon as adjacent property owners are notified. 9 35.3.15.6 Maintenance; omission of repairs A. The exterior of any structure in a designated district, any designated Historic Landmark and any building determined by the HLC to meet the criteria for Landmark designation shall be maintained to ensure structural integrity. B. If the HLC finds that there are reasonable grounds to believe that the exterior of any structure in a designated district or any designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the HLC shall notify the HPO, who shall notify in writing the owner of the structure of such fact. C. Upon giving a ten (10) day written notice to the owner of record of such structure, the HLC shall hold a public meeting to determine if the structure is structurally unsound or in imminent danger of becoming structurally unsound. The HLC’s report may include evidence of economic hardship or willful neglect. D. At the conclusion of the meeting, if the HLC finds that the structure is structurally 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 in writing notify the owner of record of the finding. E. The owner of record of a structure who has been notified by the HLC that such landmark is structurally unsound or in danger of so becoming shall within ninety (90) days of receipt of such notice, satisfy the HLC that reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected. F. If the HLC determines that the building is structurally unsound but 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 City Council its recommendation as to what action, if any, should be taken on the structure. G. Any applicant or interested person aggrieved by a ruling of the HLC under the provisions of this Section may, within thirty (30) days after the date of such ruling, appeal to the City Council. 1 35.23.2. - Definitions and Terms. Certificate of Appropriateness (COA). A Certificate of Appropriateness (COA) is required for projects that would alter the exterior appearance or character of an individually designated historic property or any property located in a Historic or Conservation District and shall be obtained prior to the issuance of a Building Permit. Demolition by Neglect. This term is used to describe a situation in which a property owner allows a property to deteriorate, potentially beyond the point of repair, through neglect in the maintenance or repair of any structure on property designated as an historic property or located in a Historic or Conservation District. Historic District. Historic District means 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 a Historic District, 51 percent of the buildings, structures, or sites must be of architectural, historical, archeological or cultural importance or significance. Historic Conservation District. A geographically defined area including a landmark or a group of landmarks, created for the purpose of historic preservation. Such a district may be differentiated from a historic district due to Conservation Districts having 50% or less of buildings older than 50 years of age. Historic Preservation. The protection, reconstruction, rehabilitation, repair or restoration of landmarks of historical, architectural or archeological significance. Historic Site. The location of a significant event, a prehistoric or historic occupation or activity, which may include open spaces, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Historic Landmark Commission (HLC). The City of Denton Historic Landmark Commission. HPO. The Historic Preservation Officer for the City of Denton (HPO). Historic Landmark. Refers to a building, district, object, site, or structure that is officially recognized by the State of Texas, or the United States government, for its outstanding architectural, archeological, cultural, social, economic, ethnic and political history significance. Local Historic Landmark. Refers to a building, district, object, site, or structure that has been officially recognized by the City of Denton for its outstanding architectural, archeological, cultural, social, economic, ethnic and political history significance. National Register. This term refers to the National Register of Historic Places. This is the official list of the Nation's historic places. Authorized by the National Historic Preservation Act of 1966, as amended, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources. The United States Secretary of Interior Standards for the Treatment of Historic Properties. This refers to a document that includes guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings. Page 1 35.4.3. Historic Landmark Commission. A. There is hereby created a commission to be known as the Historic Landmark Commission (HLC) of the City composed of nine (9) members appointed by the City Council. The HLC shall include at least one (1) representative from each of the following organizations or professions: 1. County Historical Commission; 2. The county bar association; 3. A certified public accountant; 4. A registered architect; 5. An owner of real property in the City. B. The other members of the HLC shall be appointed from such other individuals and organizations as the City Council may in its discretion wish to consult or consider; provided that no one business or professional interest shall constitute a majority membership of the HLC. C. In addition to the nine (9) members appointed by the City Council, the following persons or their designees shall sit on the HLC as ex officio members: 1. The Director of Development Services; 2. The Building Official; 3. The Chairperson of the County Historical Commission. D. None of the ex officio members shall have voting power, but shall assist the HLC in its various functions. E. The fact that one or more representatives from five (5) fields of expertise may not at any given point be a member of the HLC, for whatever reason, shall not affect the validity of any decision or act of the HLC. F. Members of the HLC shall be appointed for two (2)-year staggered terms. Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term. 35.4.3.1. Operational Procedures. The HLC shall meet as often as necessary to dispose of the business of the HLC or upon call by the HLC chair or upon petition of a simple majority of HLC members. Five (5) members present shall constitute a quorum for the transaction of business, and all issues shall be decided by a majority of those members present and voting, except that in those instances where only a quorum of five (5) is present at a meeting, all issues shall be decided by at least four (4) affirmative votes. The HLC shall adopt appropriate rules and regulations for the conduct of its business and the election of its chair and other officers. The minutes of each meeting shall be filed in the office of the City Secretary. 35.4.3.2. Powers and Duties of the Historic Landmark Commission. A. The HLC shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks, shall have review authority over the City’s Historic Preservation Plan, and shall: 1. Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks; 2. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness and certificates of appropriateness for demolition; 3. Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources; Page 2 4. Recommend to the proper agencies incentives designed to encourage historic preservation. B. The Preservation Plan shall be presented to the Planning and Zoning Commission for consideration and recommendation to the City Council for inclusion in the Comprehensive Plan of the City. C. The HLC 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 HLC 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. D. If the HLC finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the HLC may recommend to the City Council that the fee or a lesser interest of the property in question be acquired by gift, device, purchase, eminent domain or otherwise, pursuant to the Charter and state and federal law. E. Where there are conditions under which the required preservation of an historic landmark would cause undue hardship on the owner, use district changes may be recommended by the HLC. F. The designation of an historic landmark may be amended or removed using the same procedure provided in this article for the original designation. G. The HLC shall provide information and counseling to owners of designated historic landmarks. H. Any person making application to have any building, structure, site, district, area or land designated as an historic landmark pursuant to the provisions of this article shall pay to the Planning and Development Department a filing fee in an amount determined and as from time to time amended by ordinance by the City Council, a copy of which ordinance is on file with the Department. Historic Preservation Proposed Revisions Updated Timeline •April 2016 –HLC & CC briefed and input received to go forward with amendment process •June & July 2016 –Public meetings held with 3 districts and an additional public follow up meeting along with public input solicitation via an online survey. •September, 2017 –Draft presented to HLC with Public Hearing •September, 2017 –Draft to be presented to P&Z •October, 2017 –Draft to be presented to City Council –Clean-Up & Efficiency •Ordinance structure •Multiple references to Certificates of Appropriateness have been centralized in one section that clearly delineates administrative approval (35.3.15.4) •Definitions have been aggregated (35.23.2) •The criteria and procedures for designations of Historic Landmarks, Historic Districts, and Conservation Districts have been arranged sequentially and revised for clarity and consistency (35.3.15.2, 35.3.15.3) •All procedurally oriented subsections were combined and sequenced into one section (35.3.15) Major Changes –Substantive Changes •Recognition of the Bell Avenue Conservation District as a Historic District (35.7.10) •A more efficient process was introduced for local designation of properties and districts previously recognized by the State of Texas or the National Park Service (35.3.14.3.C.3.) •Language relating to COAs for exterior painting, fencing and landscaping was inserted per the public input process (35.7.9.3.H.1.)-OHHD »(35.7.9.4.) »(35.7.10.3.E.) -BAHD »(35.7.10.3.I.) »(35.7.13.3.H.3) –WOHD »(35.7.13.3.N) •Maintenance clause for structures eligible for designation (35.3.14.6.A.) Major Changes Changes -Structure EXISTING 35.7.6. –Historic Landmark Preservation and Historic Districts Generally. 35.7.6.1. –Declaration of Policy 35.7.6.2. –Penalty. 35.7.6.3. –Notices. 35.7.6.4. –Designation of landmarks. 35.7.6.5. –Hearings. 35.7.6.6. –Recording of decision. 35.7.6.7. –Amendments. 35.7.6.8. –Exterior alterations and changes; minor exterior alteration, ordinary maintenance; appeals. 35.7.6.9. –Demolition or removal of historic landmarks. 35.7.6.10. –Procedures for obtaining permits pending landmark designation as historic landmark. 35.7.6.11. –Maintenance; omission of repairs. 35.7.6.12. –Effect of zoning district use classification. 35.7.7. –Historic Conservation District. 35.7.8. –Historic District. 35.7.9. –Oak-Hickory Historic District. 35.7.10. –Bell Avenue Historic Conservation District. 35.7.13. –West Oak Area Historic District. PROPOSED 35.7.6.–Historic Preservation 35.7.6.1. –Purpose 35.7.6.2. –Penalty 35.7.6.3. –Enforcement 35.7.6.4. 35.7.6.5. 35.7.6.6. 35.7.6.7. 35.7.6.8. 35.7.6.9. 35.7.6.10. 35.7.6.11. 35.7.6.12. 35.7.7. 35.7.8. 35.7.9. –Oak-Hickory Historic District 35.7.10. –Bell Avenue Historic District 35.7.13. –West Oak Historic District PROPOSED Section 35.3.14. 35.3.15.–Historic Preservation Procedures 35.3.15.1. –General Provisions 35.3.15.2. –Historic Landmarks 35.3.15.3. –Historic and Conservation Districts 35.3.15.4. –Certificates of Appropriateness 35.3.15.5. –Permits Pending Designation 35.3.15.6. –Maintenance; omission of repairs Minor Changes 35.23.2. –Definitions Moved –Certificate of Appropriateness (COA) Demolition by Neglect Historic District Historic District Historic Conservation District Historic Preservation Historic Site Historic Landmark Commission (HLC) HPO Historic Landmark Local Historic Landmark National Register The United States Secretary of Interior Standards for the Treatment of Historic Properties 35.4.3. –Historic Landmark Commission –35.4.3.1 Chairman to Chair, usage of HLC throughout 35.4.3.2.A. Insertion “along with staff” Public Meetings •Concerns: Varied by district but clarity of, and deference to, administrative approvals•Voting •West Oak Historic District •Bell Avenue Conservation District •Oak Hickory Historic District Next Steps •September 11 –HLC Review and Recommendations with Public Hearing •September 27 –Planning and Zoning? •October 17-City Council? Questions? Historic Landmark Commission Requests for Information Note: This is a working draft of pending Historic Landmark Commission items and is subject to change without notice. Last Updated 9/6/17 1 Request Request Date Status Historic Preservation App Stevenson December 2016 In queue. Create a Historic Cultural Tourism Overlay District Conte December 2016 Will be considered as part of the historic preservation plan. Designate the Selwyn School as a Local Historic Landmark Riddle December 2016 Staff to present at an upcoming HLC meeting as a Work Session Item. Chair Riddle will provide staff research information regarding the Selwyn School. Receive a status report regarding the Small Area Plan as it relates to the Historic Districts Lynn April 2017 Staff to present at an upcoming HLC meeting as a Work Session Item. Receive a presentation from Community Development regarding the use of Community Development Block Grants for historic preservation. Abasolo April 2017 Staff to present at an upcoming HLC meeting as a Work Session Item. Provide minutes from the meeting that discussed how Historic District representatives should be notified. Conte August 2017 Staff will provide a memorandum to the HLC members on this. Design guidelines specific to development in a Historic District Riddle December 2016 Chair Riddle will provide working documents regarding Design Guidelines. Design Guidelines in a Historic District will be incorporated as part of the Historic Preservation Plan Update. HPO applied for a CLG matching grant to complete a set of city-wide design guidelines. Ongoing Items Educate citizens regarding Incentives Stevenson December 2016 Staff will continue to educate citizens regarding incentives. Current incentives include the Downtown Reinvestment Grant, property tax exemption for Historic Landmarks, and assistance from staff on Historic Preservation Tax Credit Program applications. Design guidelines specific to development in a Historic District Riddle December 2016 Chair Riddle will provide working documents regarding Design Guidelines. Design Guidelines in a Historic District will be incorporated as part of the Historic Preservation Plan Update. Completed Items Historic Landmark Commission Requests for Information Note: This is a working draft of pending Historic Landmark Commission items and is subject to change without notice. Last Updated 9/6/17 2 Request Request Date Status Formalize a process for the Historic Property of the Month Pulido December 2016 Staff has prepared procedures for selecting Historic Property of the Month. This item is schedule for the Commission to discuss during the HLC April meeting. Educate citizens regarding Historic State Tax Credit Stevenson December 2016 This item was included with Educate citizens regarding Incentives per the HLC (ongoing). HLC Mission or Objective Stevenson December 2016 The HLC Mission or Objective will be incorporated as part of the Historic Preservation Plan Update. Designate the WPA stone lined canals as a Local Historic Landmark Citizen August 2016 Staff to present at an upcoming HLC meeting as a Work Session Item. After meeting with the Engineering Department, it was determined that there is no immediate plans to replace the canals. Chair Riddle will provide staff research information regarding the WPA stone lined canals. Designate Quakertown Park as a Local Historic Landmark Stevenson April 2017 Local Designation 1991, RTHL 2011.