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~
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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