Loading...
1980-030NO ~ft - ,30 AN ORDINANCE AMENDING APPENDIX B OF THE CODE OF ORDINANCES, THE COMPREHENSIVE ZONING ORDINANCE, OF THE CITY OF DENTON, TEXAS, BY ADDING TO APPENDIX B A NEW ARTICLE 28A ENTITLED "ARTICLE 28A HISTORIC LANDMARK PRESERVATION", DEFINING THE TERM HISTORIC LANDMARK, CREATING A HISTORIC LANDMARK COMMISSION AND PROVIDING FOR ITS POWERS AND RESPONSIBILITY, PROVIDING FOR THE DESIGNA- TION OF HISTORIC LANDMARKS BY THE CITY AND ESTABLISHING CRITERIA FOR USE IN DETERMINING HISTORIC LANDMARK DESIGNATIONS, REGULATING THE REPAIR, REMOVAL AND DEMOLITION OR REMOVAL OF HISTORICAL LANDMARKS, DEFINING THE POWERS AND AUTHORITY OF THE PLANNING AND ZONING COMMISSION OVER HISTORIC LANDMARKS AND OF THE CITY COUNCIL, PROVIDING THAT HISTORIC LANDMARK DESIGNATIONS SHALL NOT AFFECT PRESENT ZONING USES, PROVIDING A PENALTY WHERBAS, the City of Denton, Texas has a history and a heritage unique and different from any other City in Texas which is worthy of civic pride and preservation, and WHFREAS, the City Council recognizes its responsibility to preserve and protect places and areas in the City of historical and cultural importance and significance for the general welfare of the community, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I Appendix B of the Code of Ordinances of the City of Denton, Texas, the Comprehensive Zoning Ordinance of the City of Denton, is hereby amended by adding to Appendix B a new Article 28A to hereafter read as follows ARTICLE 28A HISTORIC LANDMARK PRESERVATION Section 28A-1 "HISTORIC LANDMARK" DEFINED As used in this article, the term "historic landmark" shall mean any building, structure, site, district, area, or land of architectural, historical, archaeological or cultural importance or value, which the city council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and general welfare of the people Section 28A-2 DECLARATION OF POLICY The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and general welfare of the people The purposes of this chapter are (a) To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places (b) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations (c) To stabilize and improve property values in such locations (d) To foster civic pride in the beauty and accomplish- ments of the past (e) To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry (f) To strengthen the economy of the city (g) To 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 Section 28A-3 HISTORIC LANDMARKS-DESIGNATION The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the city council designate as historic landmarks Such designation shall be in addition to any other use designation established in the comprehensive zoning ordinance The zoning map shall relfect the designation of a historic landmark by the letter "H" as a suffix to any other use PAGE 2 designation established under the comprehensive zoning ordinance Section 28A-4 SAME-CRITERIA TO BE USED IN DESIGNATIONS In making such designations as set forth in Section 28A-3, the City council shall consider, but shall no be limited to, one or more of the following criteria (a) Character, interest or value as part of the develop- ment, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States (b) Recognition as a recorded Texas historic landmark, a national historic landmark, or entered into the National Register of Historic Places (c) Embodiment of distinguishing characteristics of an architectural type or specimen (d) Identification as the work of an architect or master builder whose individual work has influenced the development of the city (e) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation (f) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif (g) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style (h) Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest (i) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, State or United States PAGE 3 (j) Location as the site of a significant historic event (k) Identification with a person or persons who significantly contributed to the culture and development of the city, State or United States (1) A building or structure that because of its location has become of value to a neighborhood, community area, or the city (m) Value as an aspect of community sentiment or public pride Section 28A-5 HISTORIC LANDMARK COMMISSION-CREATED (a) There is hereby created a commission to be known as the Historic Landmark Commission of the City of Denton, here- inafter called the "landmark commission," composed of nine members appointed by the city council The landmark commission shall include at least one representative from each of the following organizations or professions (1) Denton County Historical Commission (2) The Denton County Bar Association (3) An Architect (4) A Certified Public Accountant (5) An owner of real property in the City (b) The other members of the landmark commission shall be appointed from such other individuals and organizations as the 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 commission (c) Members of the landmark commission shall be appointed for two year terms, except that the original representatives from the five fields of expertise shall serve for a term of two years, and all other original members of the landmark commission shall be appointed for a one year term Thereafter all members of the landmark commission shall be appointed for two year terms Vacancies in an unexpired term shall be filled by the city council for the remainder of the term PAGE 4 (d) In addition to the nine members appointed by the city council, the following persons or their designates shall sit on the landmark commission as ex officio members 1 The Director of Planning of the City of Denton 2 The Building Official of the City of Denton 3 The Chairman of the Denton County Historical Commission (e) None of the ex officio members shall have voting power, but shall assist the landmark commission in its various functions (f) The landmark commission shall meet as often as necessary to dispose of the business of the commission or upon call by the commission chairman or upon petition of a simple majority of commission members Five 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 is present at a meeting, all issues shall be decided by at least four affirmative votes The commission shall adopt appropriate rules and regulations for the conduct of its business and the election of its chairman and other officers The minutes of each meeting shall be filed in the office of the city secretary (g) The city attorney shall be the legal advisor for the Historic Landmark Commission (h) The fact that one or more representatives from the five fields of expertise may not at any given point be a member of the landmark commission, for whatever reason or reasons, shall not affect the validity of any decision or act of the commission Section 28A-6 SAME-FUNCTION (a) The landmark commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as PAGE 5 historic landmarks and shall prepare an historic landmark preservation plan, hereinafter referred to as the "preservation plan," which 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 demolition or removal (3) Formulate a program for private and public action which will state the role of various city agencies in preservation of historic landmarks (4) 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 (5) Recommend to the proper agencies incentives designed to encourage historical preservation (b) The preservation plan shall be presented to the city planning commission for consideration and recommendation to the city council for inclusion in the comprehensive plan of the city (c) The landmark commission shall recommend to the city planning commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the city as historic landmarks The landmark commission shall hold a public hearing on all proposed ordinances and the owner of any land included in the proposed ordinance shall be given at least ten days written notice of the public hearing PAGE 6 (d) If the landmark commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the landmark commission may recommend to the city council that the fee or a lesser interest of the property in question be acquired by gift, devise, purchase, eminent domain or otherwise, pursuant to the city charter and state and federal law (e) Where there are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner or owners, use district changes may be recommended by the landmark commission (f) The designation of a historic landmark may be amended or removed using the same procedure provided in this article for the original designation (g) The landmark commission shall provide information and counseling to owners of designated historic landmarks Section 28A-7 ACTION BY THE CITY PLANNING COMMISSION (a) The city planning commission shall hold public hearings as provided for in Article 1011f, Vernon's Annotated Texas Statutes, to consider any historical landmark designation ordinance after receiving a recommendation for the landmark commission The notices provided for in Article 1011f shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in said article (b) Within thirty days after the hearing, the city planning commission shall set forth in writing its recommen- dation, 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 landmark commission Section 28A-8 RECORDING OF DESIGNATION Upon passage of a historic landmark designation ordinance, by the City Council, the city secretary shall file a copy of PAGE 7 the ordinance with City and Denton County Tax Assessors together with a notice briefly stating the fact of the designation and shall send a copy of such notice to the owner or owners of the affected property by certified mail Section 28A-9 EXTERIOR ALTERATIONS AND CHANGES-CERTIFICATE OF APPROPRIATENESS, ORDINARY REPAIR OR MAINTENANCE, APPEAL No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a designated historic landmark unless application be made to the landmark commission for a certificate of appropriateness and such a certificate be granted As used in this article, the term "exterior architectural feature" shall include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way (a) Procedure when building permit is required (1) When applying for a building permit for the exterior of a designated historic landmark, the applicant shall submit two copies of all detailed plans, elevations, perspec- tives, specifications and other documents pertaining to the work to the building official, who shall forward such application to the commission chairman Any applicant may appear at a regular or special meeting of the landmark commission before submitting an application and may consult with said commission during the review of the permit application (2) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the appli- cation Upon review of the application, if the landmark commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical feature of the designated historic landmark, and is appropriate PAG E 8 and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the building official after the public hearing and the building official shall so advise the applicant after the certificate is received (3) If the landmark commission finds that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the building official that the application has been disapproved and shall notify the applicant of the disapproval and of the changes in the application which are necessary to secure the approval of the application (4) If no action has been taken by the landmark commission within sixty days of original receipt by the landmark commission, a certificate of appropriateness shall be deemed issued by the landmark commission, and the building official shall so advise the applicant (5) No change shall be made in the application for any building permit after issuance of a certificate of appropriate- ness without resubmittal to the landmark commission and approval thereof in the same manner as provided above (6) After a decision is reached by the landmark commission denying an application for a certificate of appro- priateness, a resubmittal of application will not be accepted for additional hearing within a twelve-month period from the date of final decision except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the landmark commission have been made (b) Procedure when building permit is not required (1) Those proposed exterior changes and alterations not requiring a building permit shall be submitted in writing PAGE 9 directly to the historic landmark commission for a certficate of appropriateness which must be granted before such work can be undertaken Applicant shall submit a copy of all proposed alterations and changes to the commission The application must specifically describe the alteration or change proposed Any applicant may appear at a regular or special meeting of the landmark commission before submitting an application and may consult with said commission during the review of the application (2) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the application Upon review of the application, if the landmark commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical feature of a designated historic landmark and is appropriate and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the applicant within thirty days of the receipt of said application (3) If the landmark commission finds that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the applicant within thirty days of receipt of said application that the application has been disapproved and shall include in such notification the changes necessary to secure approval of the application (4) If no action has been taken by the landmark commission within sixty days of the receipt of the application, a certificate of appropriateness shall be deemed issued by the landmark commission PAGE 10 (5) No change shall be made in the application for issuance of a certificate of appropriateness without resubmittal to the landmark commission and approval thereof in the same manner as provided above (6) After a decision is reached by the landmark commission denying an application for certificate of appropriateness, a resubmittal of application will not be accepted for additional hearing within a twelve month period from the date of final decision except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the landmark commission have been made (c) Ordinary repair or maintenance Ordinary repair or maintenance which does not involve changes in architectural and historic value, style or general design is exempt from the provisions of this section (d) Appeal Any applicant or interested person aggrieved by a ruling of the landmark commission under the provisions of this section may, within thirty days after the date of such ruling, appeal to the city council Section 28A-10 HISTORIC LANDMARKS-DEMOLITION OR REMOVAL (a) If an application is received for demolition or removal of a designated historic landmark, the building official shall immediately forward the application to the landmark commission The landmark commission shall hold a public hearing on the application within thirty days after the application is initially filed with the building official The applicant shall be given ten days written notice of the hearing The landmark commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or potential usefulness, including economic usefulness of the building, the purposes behind preserving the structure as a historic PAGE 11 landmark, the character of the neighborhood, and all other factors it finds appropriate If the landmark commission determines that in the interest of preserving historical values, the structure should not be demolished or removed, it shall notify the building official that the application has been disapproved, and the building official shall so advise the applicant within five days therefrom If the landmark commis- sion determines that the interest of preserving historical values will not be adversely affected by such demolishment or removal or that the interest of preserving historical values can best be served by the removal of a structure to another specified location, it shall issue its certificate of demolition or its certificate of removal, as may be appro- priate, to the building official, and the building official shall so advise the applicant within five days therefrom (b) If no action has been taken by the landmark commission within sixty days of original receipt by the landmark commis- sion of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the landmark commission and the building official shall so advise the applicant (c) After a decision is reached by the landmark commission denying an application for a certificate of demolition or a certificate of removal, a resubmittal of application for such a certificate will not be accepted for additional hearing within a twelve-month period from the date of final decision (d) Any applicant or the owner of any property located within three hundred feet of any landmark who is aggrieved by a ruling of the landmark commission concerning same landmark under the provision of this section may, within sixty days after the ruling of the landmark commission, appeal to the city council Following a public hearing to be held within thirty days of the filing of a notice of such appeal with the city secretary, the city council may, by a simple majority vote, PAGE 12 uphold or overturn any ruling of the landmark commission made pursuant to this section Section 28A-11 PROCEDURE FOR OBTAINING BUILDING PERMIT, REMOVAL PERMIT, DEMOLITION PERMIT AND FOR ALTERING THE EXTERIOR OF A BUILDING OR STRUCTURE DURING PENDENCY OF CONSIDERATION OF SUCH BUILDING OR STRUCTURE AS A HISTORIC LANDMARK OR AS PART OF A HISTORIC LANDMARK (a) From and after the date on which the question of whether or not any building, structure, or site within the City should be designated as a historic landmark is placed upon the agenda for any special or regular meeting of the landmark commission, or from and after the date on which such agenda is posted in accordance with the provision of Article 6252-17, V A T C S , as amended, or from and after the date that the landmark commission 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 than existing including 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 certificate of appropriate- ness, removal or demolition, as may be appropriate, has been issued by the landmark commission, (2) The landmark commission fails to make a recommen- dation that some part or all of any such building or structure PAGE 13 be designated a historic landmark or be included within a historic landmark or within a preservation plan or an amendment thereof within sixty days following the earliest of the above described dates activating this section application 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 a historic landmark or shall be included within any designated historic landmark Provided, however, that should the city council fail to act within ninety days from the date an appeal is filed, the requested permit shall be granted The ninety day time limitation may be waived by the appellant to allow the city council an additional thirty days in which to act (b) It shall be the duty of the landmark commission 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 in ignorance 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 landmark commission to give notice of any such written order or such agenda or such preservation plan or amendment thereof to the owner or owners 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 owners, or when written notice thereof is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner or owners, whichever event first occurs PAGE 14 (c) Any permit issued to any person or entity 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 subparagraphs (1), (2) and (3) of subsection (a) next above to occur (d) Notwithstanding any other provision of this chapter, no building permit, removal permit or demolition permit shall be issued by the building inspector for any structure located in a National Register District except as authorized by the subsection The building inspector shall notify the landmark commission 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 inspector before the landmark commission has made a recommendation or scheduled the structure on its agenda or before the expiration of forty (40) calendar days, whichever is sooner If a structure is made an agenda item, it shall be scheduled for a public hearing as soon as adjacent property owners are notified For purposes of this subsection, "National Register District" is defined as a designated area possessing a significant concentration, linkage or continuity of sites, building structures or objects which are separated geographically but are linked by association or history, provided, that no area may be considered a National Register District for purposes of this subsection unless it has been designated in the Federal Register pursuant to the National Preservation Act of 1966, as amended, prior to the effective date of this amendment, and until maps depicting such area are made available for inspection by the public in the office of the Building Inspection Department Notwithstanding any provision hereof, this section shall not apply to geographical areas designated as historic districts under the provisions of this ordinance PAGE 15 Section 28A-12 SAME-OMISSION OF NECESSARY REPAIRS (a) The exterior of a designated historic landmark shall be maintained to insure the structural soundness of such landmark (b) If the landmark commission finds that there are reasonable grounds to believe that a designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the landmark commission shall notify in writing the owner of record of the designated historic landmark of such fact (c) Upon the giving of ten days written notice to the owner of record of such designated historic landmark, the landmark commission shall hold a public hearing to determine if the designated historical building is structurally unsound or in imminent danger of becoming structurally unsound The landmark commission's report may include evidence of economic hardship or willful neglect (d) At the conclusion of the hearing, if the landmark commission finds that the designated historic building 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 record owner of the finding (e) The owner of record of a designated historic landmark who has been notified by the landmark commission that such landmark is structurally unsound or in danger of so becoming shall within ninety days of receipt of such notice, satisfy the historic landmark commission that reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected (f) If the landmark commission 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 PAGE 16 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 landmark commission under the provisions of this section may, within thirty days after the date of such ruling, appeal to the city council Section 28A-13 HISTORIC LANDMARK DESIGNATION TO COEXIST WITH OTHER USE CLASSIFICATIONS Use classifications as to all property which may be included in a historic landmark designation shall continue to be governed by the comprehensive zoning ordinance of the city and the procedures therein established Section 28A-14 HISTORIC DISTRICTS DEFINED, RESTRICTIONS IMPOSED THEREIN, CRITERIA FOR DISTRICT BOUNDARIES ESTABLISHED, REQUISITES FOR APPLICATIONS FOR DISTRICTS SET FORTH, CRITERIA FOR EVALUATING SAME PROVIDED, DISTRICT PRESERVATION PLANS DEFINED, MIS- CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF LANDMARK COMMISSION SET FORTH, PROCEDURE FOR MODIFICATION OF ORDINANCE PROVISIONS ESTABLISHED (a) DEFINITION Districts which may be designated Historic Landmarks pursuant to Section 28A-1 shall herein be referred to as "HISTORIC DISTRICTS" and shall mean geographically definable areas, possessing significant concentration, linkage, or continuity of buildings, structures, sites, areas or land which are united by architectural, his- torical, archaelogical, or cultural importance or significance (b) RESTRICTIONS All buildings, structures, sites, areas or lands located with a designated historic district, whether individually designated historic or not, are subject to these regulations No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish in any way the exterior features of such building, structure, or site, area or land until a permit has been granted by the building official of the City of Denton Furthermore, no public improvements, including, but not limited to, street construction, signs, lighting, sidewalk construction, parking facilities and traffic PAGE 17 system changes, except traffic control signs and devices, shall be made within or affecting a historic district without approval of the city council after recommendation has been submitted by the landmark commission and appropriate city departments (c) DISTRICT BOUNDARIES The boundaries of historic districts shall be drawn so as to include all buildings, structures, sites, areas or lands which meet one or more of the criteria set out in Section 2BA-3 herein or which directly affect or relate to such buildings, structures, sites, areas or lands meeting on one more of the Section 28A-3 criteria, provided that at least 51% of the total structures within the boundaries are of architectural, historic, archaeological, or cultural importance or value (d) ESTABLISHMENT OF HISTORIC DISTRICTS (1) Applications for consideration of a historic district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commission containing the following information (a) 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 (b) A map showing the boundaries of the proposed historical district drawn to a scale of 111=2001, and the location of each structure of importance or value identified by a number or letter designation (c) 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, PAGE 18 (d) A description 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 1 date of construction 2 builder or architect 3 chain of uses and ownership 4 architectural style 5 materials 6 construction technique 7 recognition by State or National Government as architecturally or historically significant, if so designated (2) Application for establishment of an historic district on the basis of cultural or archaeological importance or value shall be accompanied by a report containing the following information (a) A map showing the boundaries of the proposed district drawn to a scale of 111=2001, (b) A description of the cultural or archaeological importance or value of the building, structure, site, area or land being proposed for historic designation, and (c) Any evidence which would show recognition by either the State of Texas and/or the National Government (3) Applications to increase the boundaries of an historic district may be made if one or more of the following conditions are met (a) When buildings, structures, sites, areas or lands of importance or value are related to the district are requested for inclusion (b) When facts previously undisclosed to or unknown by the landmark commission are revealed which indicate that a particular building or site is possessed of special architectural, archaeological, cultural or historical importance or value PAGE 19 (4) Applications to reduce the boundaries of an historic district may be made when one or more of the following conditions have been met (a) When it can be shown that a particular building, structure, site, area or land has no historic, architectural, archaeological or cultural importance or value to the viability of the district (b) When exclusion of buildings, structures, sites, areas or lands is necessary for mayor new development that would support either the architectural, historical, archaeological, or cultural character or economic viability of the district (c) When it can be shown that no degradation of the district either physical, historical, architectural, archae- ological, or cultural will result from exclusion of property from the district (5) Application for inclusion or exclusion may be made when either continued exclusion or inclusion of property within the district would render it an economical hardhhip for reasonable continuation in its present exterior form In order to establish such economic hardship, the owner must show that no reasonable alternative use exists which allows the exterior of the building to remain in its original style In evaluating economic return, the Commission may request the owner to document the value, rents, returns, tax burden, and/or contracts, pertaining to the property (e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS In evaluating applications for historic districts, the landmark commission shall consider Sections 2BA-3 and Section 28A-13(d) If the landmark commission recommends the establishment of an historic district or districts, it shall cause to be prepared an historic district designation ordinance which shall contain, but not be limited to, the following (1) A statement of purpose setting forth the commission's reasons for recommending designation of the district, and PAGE 20 (2) A legal description of the boundaries of the district, (3) Maps, charts and photographs of the buildings, structures, sites, areas, or lands located within the district, (4) Findings that support the criteria required in Section 28A-3 and 28A-13, if applicable, that establishes the particular importance or value of the district (5) Recommendations for the protection and preser- vation of the district referred to herein as district preservation plan (f) DISTRICT PRESERVATION PLAN The district preservation plan shall include, but shall not be limited to the following (1) Zoning Classification of Uses The commission may examine the uses existing within the district in terms of their individual and continued effect upon the character, safety, economic and physical impact of the district and may recommend such changes in zoning, height and area regulations (2) Building Code Requirements The commission may review and recommend any amendments to the building regulations it feels necessary to preserve the architectural and historic integrity and authenticity of structures within each such district (3) Sign Regulations The Commission may review the provisions of the sign regulations that are permissible within each such district and recommend such alterations in size, location, type and construction they feel appropriate In preparing such recommendations, the Commission shall consider existing signs as well as criteria for future signs In the event that an existing sign or signs are deemed to have a negative impact on the character of the district, the Commission may recommend a method of removal or improvement of such sign or signs, reviewing such sign changes with owners or tenants prior to such recommendation PAGE 21 (4) Parking Regulations The commission may review the parking regulations in existence in the district and recommend any changes in numbers, or location of on-street and off-street parking requirements it feels necessary to enhance the district It shall review the adequacy of parking facilities in or affecting the district and may offer recom- mendations for such public and/or private parking lots, garages or structures it deems to be in the best overall interest of the district (5) Architectural Regulations As a guide for those seeking a certificate of appropriateness pursuant to Section 28A-8, the historic landmark commission may, in conformance with the applicable zoning classification, height and area limitation, and in keeping with the significant architectural, historical, archaeological or cultural elements of each such district recommend regulations affecting the exterior of the building, including, but not limited to, the following (a) Acceptable materials for new construction such as stucco, masonry, metal and glass curtain, (b) Appropriate architectural character, scale and detail for new construction, (c) Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers, (d) Acceptable textures and ornamentation such as paint colors and types, use of wood, stone, metal, plaster, plastics and other man-made materials, use of shutters, wrought and cast iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other details or architectural ornamentation (e) Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, exterior carpentry, tile or wood, banners, flags and projections, and PAGE 22 (f) For those properties which are sites, areas, lands, buildings, structures, or vacant lots which are not of historical, architectural, archaeological or cultural importance or value, development or redevelopment may be at the owner's discretion as long as there is no variance from the historic district preservation plan to materials, scale and detail, appurtenances, textures, ornamentation and accessories, and the owner complies with existing regulations In these instances, no review by the landmark commission would be required, and no certificate of appropriateness would apply (6) Transit and Traffic Operations The commission may review the transit and traffic operations in and through the district and provide recommendations to the urban transportation department and city council on routes, schedules, one-way and two-way street patterns, park and rise, shuttle services and pedestrian facilities that will enhance and preserve the character of the district (7) Public Improvements The landmark commission may recommend to the city council acceptable public architectural and engineering designs including street lighting, street furniture, signs, landscaping, utility facilites such as electric poles and wires, telephone lines, design textures of sidewalks and streets, such as brick, stone and tile, and such other elements as deemed necessary for enhancement and preservation of the district (g) Administrative Requirements of Landmark Commission (1) When a historic landmark commission considers an area as a possible historic district, it shall, prior to rendering its final recommendation and report, submit its report, including the district preservation plan or any proposed ordinance amendments to all city departments, boards and commissions and other public agencies directly affected (2) In addition, it shall, and prior to rendering its final recommendation, make the plan available to the landowners in the proposed district In the event the area under PAGE 23 consideration has established an historic district committee, the commission may include the comments of such committee in its final report If appropriate and desired, the commission should recommend that the city council adopt the restrictions to assure that future public investment complies with the term of the district (3) Commission approved medallions for designated structures within the district shall be prepared and, subject to the approval of the owners, may be affixed to the "H" designated structures (h) Changes in Provisions herein Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed In case, however, of a written protest against such change, signed by the owners of twenty 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 same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council Section 2BA-15 PENALTY (a) It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any building, structure, or land in a historic landmark designation in violation of the provisions of this ordinance, and the city in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal act, business, or maintenance in and about such premises (b) Any person, firm, or corporation violating any provisions of this chapter shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each day or PAGE 24 portion thereof during which any violation hereof is committed, continues or is permitted, and upon conviction of any such violation shall be punishable by a fine not to exceed two hundred dollars Section 2SA-16 NOTICE Any notice required to be given under this title, if not actually delivered, shall be given by depositing the same 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 or owners of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner or owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll SECTION II This ordinance shall become effective from and after its date of passage and publication as required by law PASSED AND APPROVED this the A& day of 19~ ~23 &~~-.z CITY OF DENTON, TEXAS ATTESP xvoe!~~ 0 HOLT, IT S RETARY TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY, CITY OF DENTON, TEXAS BY C &:e PAGE 25