2004-233
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2004233
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AmendedbyOrdinanceNo.201331311/05/13JR
ORDIN CE NO,'PaO4--O 3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 7 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
HISTORIC PRESERVATION AND THE OAK-HICKORY HISTORIC DISTRICT;
PROVIDING FOR THE INCLUSION OF THE CURRENT RULES AND
REGULATIONS PERTAINING TO HISTORIC PRESERVATION AND THE OAK-
HICKORY HISTORIC DISTRICT TO THE DENTON DEVELOPMENT CODE,
WITHOUT ANY SUBSTANTIVE CHANGES; PROVIDING A PENALTY CLAUSE
WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF:
A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI04-0018).
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, as a part of a quarterly review of the Development Code, and after
conducting a public heating as required by law, the Planning and Zoning Commission has
recommended certain changes to Subchapter 7 pertaining to historic preservation and the
Oak-Hickory Historic District; and
WHEREAS, the requested amendment provide for the inclusion of the current
rules and regulations regarding historic preservation and the Oak-Hickory Historic
District into the Denton Development Code, without any substantive changes; and
WHEREAS, after conducting a public heating as required by law, the City
Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subchapter 7 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made a part hereof by reference.
All other provisions of Subchapter 7 not inconsistent with this amendment shall remain in
full force and effect.
SECTION 2. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offence.
SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in
this ordinance, or application there of to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and City Council of the City of Denton, Texas
hereby declares it would have enacted such remaining portions despite any such
invalidity.
SECTION 4. This ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper
published in the City of Denton, Texas within ten (10) days of the date of its passage.
PASSED AND APPROVED this the /~dayof(~0~- ,2004
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
2
EXHIBIT "A'
.3_~.._?_._~ ........ Historic L~a_.n...d_m..e_rk P_re_s..~.r~ ~ti_o~n~. and Historic_Districts ~_e_n_e._r_a~ll.~__
35.7.6.1 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 culture,
prosperity, education and general welfare of the people. The purposes of this article are to:
A. Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and
important elements of the city's and state's architectural, archeulogical, cultural, social, economic,
ethnic and political histow and to develop appropriate settings for such places.
B. Safeguard the city's historic and cultural heritage, as embodied and reflected hi such historic
landmarks by appropriate regulations;
C. Stalfilize and improve property values in such locations;
D. Foster civic pride hi flxe 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 lfistoric landmarks for the culture, prosperity, education, and general welfare
of the people of the city and visitors of the city.
35.7.6.2
A.
Penalty
It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore,
demolish, raze or maintain any building, structure or land in an historic landmark designation in
violation of the provisions of th/s Subchapter, and the city hi 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.
Any person violating any provision of this article shall be guilty of a misdemeanor and shall be
punished as provided hi Section 35.1.10.4 of tkis Chapter.
35.7.6.2 Notices
Any notice required to be given under tiffs Subchapter, 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.
35.7.6.4
A.
Designation of landmarks
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 designates as historic landmarks. Such designation shall be in addition to
any other use designation established in this chapter. The zoning map shall reflect the designation
of an historic landmark by the letter "H" as a suffix to any other use designation established by
this chapter.
In making the designations as set forth in subsection A of this seclion, the city council shall
consider but shall not be limited to one (1) or more of the following criteria:
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 lanchiaaxk or entered
into the National Register of Historic Places;
3. Embodiment of distinguishing characteristics 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. Embodiment of elements of arclfitecmral design, detail, material or craftsmanship which
represent a sigmficant architectural innovation;
6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation
according to a plan based on arclfitectural, historic or cultural motif;
7. Portrayal of the environment of a group of people in an area of history characterized by a
distinctive architectuxal 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 historicaI heritage of the city,
state, or United States;
10. Location as the site ora significant lfistoric 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;
13. Value as an aspect of commudity sentiment or public pride.
35.7.6.5
A.
Hearings
The city planning and zoning commassion shall hold public hearings as provided for in V.T.C.A.,
Local Government Code [ 211.007 to consider any historic landmark designation ordinance after
receiving a recommendation from the historic landmark commission. The notices provided for in
V.T.C.A., Local Government Code ~ 2II.007 shall be sent to all owners of property which is
proposed for "H" designation as well as to the adioirdng property owners specified in such
art/cie.
Witkin tkirty (30) days after the 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 landmark commission.
35.7.6.6 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 city and cognty tax assessors, 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.
35.7.6.7 Amendments
The regulations, restrictions and boundaries of this section 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 (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 of all members on the city
2
35.7.6.8
A.
Exterior alterations and changes; minor exterior alteration, ordinary
maintenance; appeals; historic landmarks
Cel~icate of appropriateness. No person shall alter, change, construct, reconstruct, expand,
restore, remove or demolish any exterior architectural feartLre of a designated historic landmark
or allow the results of such action to be maintained unless application is made in compliance with
this section for a certificate of appropriateness and such a certificate is granted. As used in this
Subchapter, 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 certificate of appropriateness shall be obtained
prior to the issuance of any building permit, although the certificate of appropriateness review
and building permit and other required permit review processes may be conducted
simultaneously. A certificate of appropriateness may also be required for work not otherwise
requiting a building permit. The certificate of appropriateness shall be required in addition to, and
not in lieu of, any required building permit.
1. Application. Prior to commencement of any work, the owner shall file an application for a
certificate of appropriateness with the city preservation officer. The application shall contain
such information as is requested from a form prepared by the preservation officer, the
provisions of wltich have been approved by the city attomey.
2. Determination of procedure. Upon receipt of an application for a certificate of
appropriateness, the preservation officer shall determine whether the application is to be
reviewed under the ordinary maintenance review procedure, the minor exterior alteration
procedure or the standard procedure for certificate of appropriateness review.
B. Ordinary maintenance. Ordinary maintenance shall be defined as the process of stabilizing
deteriorated or damaged a~clfitectural feature (including but not limited to roofing, windows,
columns, and siding), and will include any work that does not constitute a change in design,
material, color or outward appearance, and include in-kind replacement or repair.
1. If the applicant is seeking a certificate of appropriateness to authorize ouly ordinary
maintenance, the preservation officer shall review the appfication to determine whether the
proposed work complies with the regulations contained in this Subchapter and all applicable
ordinances and approve or deny the application within five (5) days of its receipt.
2. If no action is taken within five (5) working days, a certificate of appropriateness is deemed
to be approved. The applicant may appeal the preservation officer's decision to deny by
submitting to the preservation officer a written request for appeal within ten (I0) days of the
decision. The written request for appeal starts the standard certificate of appropriateness
review procedure by the historic landmark comrmssinn.
C. Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or
alterati.o9 to awnings, fences, gutters and downspouts; incandescent lighting fixtures; hardscaping
comptlslng more than twenty-five (25) percent of the front or side yard; restoration of original
architectural features that constitute a change from existing condition; painting of wood or other
appropriate elements that constitutes a change in color from existing color; and additions and
changes not visible from any street to the rear of the main structure or to an accessory structure.
1. If the applicant is seeking a certificate of appropriateness to authorize only minor exterior
alterations, as defined in this section, the executive director of planning and deveIopment
shall review the application to determine whether the proposed work complies with the
regulations contained in this Subchapter and all applicable ordinances and approve or deny
the application within five (5) working days of its receipt.
2. If no action is taken within five (5) working days of its receipt, a certificate of
appropriateness is deemed to be approved. The applicant may appeal the decision to deny by
submitting to the executive director of planning and development a written request for
appeal within ten (10) days of the decision. The written request for appeal starts the standard
procedure certificate of appropriateness review by the historic landmark commission.
D. Standard procedure for eurtifieate of appropriateness review.
3
1. If the applicant is s~eking a certificate of appropriateness to authorize work that is not
ordinary maintenance or a minor exterior alteration, the preservation officer shall forward
the applicalion to the historic landmark comrmssion for review. The commission shall deny,
approve, or approve with conditions any certificate of appropriateness application within
thirty-five (35) days of receipt of a completed application. The historic landmark commission
shall conduct a public heating on the applications to allow applicants and interested persons
to present their views.
2. All decisions of the commission shall be in writing, stating its approval or the specific
reasons for denying or modifying any applications. A copy of the certificate shall be sent to
the applicant and a copy filed with planning and development department.
3. If a certificate of appropriateness has been approved by the historic landmark commission:
a. It shallissue the certificate to the applicant; and
b. If a building permit is required for the proposed work, a copy of the certificate of
appropriateness shall be forwarded to the bnildmg official.
4. If a certificate of appropriateness 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 notice of the denial.
5. After a final decision is reached denying a certificate of appropriateness, no further
apphcations may be considered for the subject matter of the denied certificate for one (1)
year from the date of the final decision unless:
a. The historic landmark commission waives the time limitation because the historic
landmark commission finds that there are changed circumstances regarding the property
suffident to warrant a new hearing. A simple majority vote by the historic landmark
cormmssion is required to grant the request for a waiver of the time limitation. If the
historic landmark commtssmn dentes the request the applicant may appeal in writing to
the city council by filing written notice with the city secretary within ten (10) days of
receiving the notice of the denial.
6. If final action has not been taken by the landmark commission witMn sixty (60) days of the
preservation officer's receipt of the application:
a. The preservation officer shall issue a certificate of appropriateness to the applicant for
the proposed work; and
b. If all other requirements of the city code are met and a building perm:it is required for
the proposed work, the building official shall issue a building permit to the applicant for
the proposed work.
E. Criteria for denial of certificate of appropriateness. A certificate of appropriateness must be
denied if there is a final decision that the proposed work will have an adverse effect on:
1. The external architectural features of the historic landmark;
2. The external architectural features of the properties in the block or hi the historic district as a
whole; or
3. The future preservation, maintenance and use of the historic landmark and the historic
dist~ct.
F. Amendments to a certificate of appropriateness. A certificate of appropriateness may be
amended by submitting an application for amendment to the preservation officer. The
application shall then be subject to the standard certificate of appropriateness review procedure.
G. Emergency procedure. If a landmark is damaged and the building official determines that the
landmark will suffer additional damage without immediate repair, the building official may allow
the property owner to temporarily protect the landmark. In such a case, the property owner shall
apply for a certificate of appropriateness within ten (10) days of the occurrence which caused the
4
35.7.6.9
A.
35.7.6.10
A.
damage. The protection authorized under this section must not permanently alter the
architectural features of the landmark.
Demolition or removal of historic landmarks
If an application is received for demolition or removal of a designated historic landmark, the
building official shall immediately forward the application to the historic landmark commassion.
The landmark commission shall hold a public hearing on the application within thirty (30) days
after the application is initially filed with the building official. The applicant shall be given ten (10)
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 an historic 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 (5) days therefrom. If the landmark comrmssinn determines that the interest of preserving
historical values ~ not be adversely affected by such demolition or removal or that the interest
of preserving historical values can best be served by the removal of a structure to an other
specifie~ location, it shall issue its certificate of demolition or its certificate of removal, as may be
appropriate, to the building official, and the building official shall so advise the applicant withi~
five (5) days therefrom.
If no action has been taken by the landmark commtssinn within sixty (60) days of original receipt
by the landmazk commission of the application, a certificate of demolition or certificate of
removal shall be deemed issued by the landmark commassinn and the building official shall so
advise the applicant.
After a decision is reached by the landma~:k commission denying an application for a certificate of
demohfion or a certificate of removal, a resubmittal of an apphcafion for such a certificate will
not be accepted for additional heating within a twelve-month period from the date of the final
decision.
Any applicant or the owner of any property located within three hundred (300) feet of any
landmark who is aggrieved by a ruling of the landmark commtssion concerning the landmark
under the provisions of this Subchapter may, within sixty (60) days after the ruling of the
landmark comrmssinn, appeal to the city council. Following a public heating to be held witkin
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 Iandmazk coram~ssion made
ptttsuant to this section.
Procedures for obtaining permits pending designation as historic landmark
From and after the date on which the question of whether or not an 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 historic Iandmark cormmssion or from and after the date on
which such agenda is posted in accordance with the provision of Vemon's Ann. Civ. St. art.
6252-17, as amended, or from and after the date that the historic landmark commission approves
or recommends a preservation plan or any amendment of any existing preservation plan which
embraces or include the building, structure or site within the city, whichever date first occtrrs, no
building permit allowing the construction, reconstruction, alteration, change, restoration, removal
or demohfion 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 earhest of the following conditions have been met:
5
35.7.6.11
A.
1. A final and binding certificate of appropriateness, removal or demolition, as may be
appropriate, has been issued by the historic landm~k commission;
2. The landmark commission fails to make a recommendation that some part or ail 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 subsection A of this section activating this
secnon, 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-day
time limitation may be waived by the appellant to allow the city council an additional thirty
00) days in which to act.
B. It shall be the duty of the landmark commtssion 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 prompdy after the preparation thereof as is
practicable. The failure to so furnish the buff ..... ~ ·
umg omcm~ w~th 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 t9
give notice of any such written order or such agenda or such preservation plan or amendment
~e_,r,e?f to, the o~wner of,any building or structure mchided within the sco e thereo£
~tu De oeemeo comnlete when a-~-" ' ,, . P , which nonce
. v ~tuany g~ven, orany, or m 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.
Any permit issued to any person from or after the date of any such xvritten order or such agenda
~ravth~ea. PsPhra~vaul or r,e, co .m~n, end, afio, n of, such preservation plan or amendment thereof, as the case
, , ,~ oe nun, yom ano or no force or effect un~I the earliest of the events described in
subsections A.1, A.2 and A.3 of this section occur.
Notwithstanding any other provision of this article, no building permit, removal permit or
demolition permit shall be issued by the building official for any structure located in a national
register except as authorized by this subsection. The building official shall notify the landmark
commission tmmediately of any application requesting a building permit, removal permit or
demolition permit for a structure located in a national register dis~ct. No such permit shall be
issued by ' ' '
the building official before the landmark comn~ssion 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
heating 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 object which may be considered a national
register district for purposes of this subsection unless it has been amended, prior to the effective
date of the ordinance from which tbfis section is derived 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 article.
Maintenance; omission of repairs
The exterior of a designated historic landmark shall be maintained to ensure the structural
soundness of such landmark.
If the landmark comn~ssion finds that there as:e reasonable grounds to believe that a designated
historic landmark is sttuctuxally unsound or in imminent danger of becoming structurally
unsound, the historic landmark commission shall notify in writing the owner of record of the
designated historic landmark of such fact.
6
C. Upon the giving of ten (10) day's written notice to the owner of record of such designated
historic landmark, the landmark comrmssion shall hold a public hearing to detemaine if the
designated historic 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 heating, if the Iandmark 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 catmot of 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 designated historic landmark who has been notified by the landmark
commission that such landmark is structm:ally unsound or in danger of so becoming shall within
ninety (90) 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 comrmssion 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 landmark comnUssion under the
provisions of this section may, within thirty (30) days after the date of such ruling, appeal to the
city council.
35.7.6.12 Effect of zoning district use classification
Use classifications as to all property which may be included in an historic landmark designation shall continue
to be guvemed by this Subchapter and the procedures herein established.
35.7.7 Historic Conservation District
35.7.7.1 Purpose
The purpose of establishing historic conservation overlay districts is to:
A. Safeguard the heritage of the City of Denton by preserving areas of the city that contain
landmarks, buildings, and/or sites which reflect elements of the city's cultural, social, economic,
political or architectural or archeological history;
B. Stabilize and improve property values;
C. Ensm:e compatibility of new construction and structural alterations with the existing scale and
characteristics of surrounding properties;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Identify and promote the use of historic resouxces for the education, pleasure and welfare of
citizens of the City of Denton.
35.7.7.2 Definitions
The following words, terms and phrase, when used in this Subchapter, shall have the meanings ascribed to
them in this section, except where the context dearly indicates a different meaning:
Historic conservation district: A geographically defined area including a landmark or a group of landmarks,
created by the city council for the purpose of historic preservation. The city council may establish more than
one such historic conservation district. Landmarks within the boundaries of a historic conservation district are
related by historical, architectural or archaeological significance.
7
Historic preservation: The protection, reconstruction, rehabilitation, repair or restoration of landmarks of
historical, architectural or archeulogical significance.
HPO: The Historic Preservation Officer for the City of Denton (HPO).
Landmark: 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 md preserved in
the interest of the culture, prosperity, education and general welfare of the people.
Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Comrmssion).
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, mined, or vanished, where the location itself
possesses historic, cultural, or archeological value regardless of the value of any existing structure.
35.7.7.3 Criteria for Consideration as a Historic Conservation District
In order to be considered for designation as a historic conservation district, all of the following criteria must be
met:
A. The proposed district must include buildings, structtrres, or sites which are 50 years of age or be
of historical significance;
B. The proposed district must include buildings, structures, or sites that have common character
defining features and be of common form;
C. The proposed district must include buildings, structures, or sites which are similar in size,
massing and scale md/or have a common streetscape and/or have similar spatial relationships
and/or contain common visual qualifies such as vegetation, vistas, orientation, set back, spacing,
site coverage, exterior features, or materials.
D. The proposed district must express a local identity as recognizable combinations of qualifies
coramon throughout an identifiable geographical area.
35.7.7.4
A.
Procedures for Designation
Designation as a historic conservation district may be initiated by the Landmark Comrmssion or
by written request of more than 50% of the owners of property within the proposed historic
conservation district who collectively own more than 50% of the land area within the proposed
historic conservation district. Such a request shall designate clearly the land proposed to be
included.
B. Upon receipt of a request or upon its own motion, the Landmark Commission shall conduct
studies and research and make a report on the landmarks within the historic conservation district,
or on the site(s), building(s), structure(s), object(s), open space(s), and/or feature(s) which would
be landmarks if the area were designated as a historic conservation district. The report shall
report on how each building or structure contribute to the defining characteristics of the
proposed district.. The report shall contain boundary justifications for the inclusion or exclusion
of geographical areas in or from a historic conservation district or for the exclusion of
geographical areas from a historic conservation district. The report shall also determ/ne if rite
request meets the criteria set out in Section 35.7.7.3 and set forth the basis for the determination.
C. If the Landmark Comrmssion determines that the area is not eligible for Conservation 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 mall. The notice must be sent
to the address shown on the application. The decision of the Landmark Comrmssion that an area
is not eligible for conservation district classification may be appealed to the plarmmg and Zoning
Commission.
D. An appeal under subsection (C) of this section is made by filing a written request with the
Landmark Commission. The request must be filed within 30 days of the date written notice is
given to the applicant of the Landmark Commission's decision. In considering the appeal, the
sole issue shall be whether or not the Landmark cormmssion erred in its determination of
eligibility, and, in this connection, the Planning and Zoning Comrmssion shall consider the same
8
standards that were required to be considered by the Landmark Commission in making its
determination.
E. The Planmng and Zoming Commission's determination of eligibility on appeal is final. If the
planning and Zoning Commission determines that the area is not eligible for conservation district
classification, no further applications for conservation district classification may be considered,
for the area of request, for two years from the date of the decision. A property owner in the area
of the request may apply for a waiver of the two-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.
F. If the Landmark Commission determines that the area is eligible for conservation district
classification, it shall conduct any necessagr studies and undertake any additional research it
deems necessary on the proposed historic conservation district. The decision of the Landmark
Commission that an area is eligible for conservation district classification may not be appealed.
G. Once any necessa~ studies or any additional research is complete, the Landmark Commission
shall hold a public heating and shall give due notice of such public heating. The notice for the
public heating shall include written notice to the owner(s) of record of property proposed for
designation as a histodc conservation district.
H. Within forty-five (45) days after the public hearing, the Landmark Commission shall submit a
final report to the Planning & Zoning CorrmUssion, stating its recommendations together with a
draft of any proposed change.
I. The planning & Zoning Commission shall hold a public hearing and shall give due notice of such
public heating. Within forty-five (45) days after the public hearing, the planning & Zoning
Commission shall submit a final report to City Council, stating its recommendations together
with a draft of any proposed change.
J. The City Council shall consider the final reports produced by the Landmark Commission and by
the Planning and Zoning Commission in their decision malting process. The City Council may
amend this subchapter to designate property previously excluded from a historic conservation
district or to designate deletion of certain property from the historic conservation district.
K. Requirements of Subchapter 7 "Special Purpose and Overiay Distficts,, shall apply to the creation
of Historic Conservation Districts, however, any conflict between this section and other
provisions of Subchapter 7 shall be resolved in favor of this section.
35.7.7.5 Conservation District Ordinance
The ordinance creating a conservation district shall be based upon the reports and recommendations of the
Landmark Commission, Planning and Zoulng Commission, city staff, and property owners at the public
meetings. The ordinance must contain design gnidelmes based on the U.S. Secretary of the Interior's Standads
for Rehabi~tation, 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.
35.7.7.6 Existing Construction
A. Existing construction shall be maintained in a manner that preserves or prolongs the structural
integrity of the character defining features of a property. Repairs shall be executed in a manner
consistent with the design guidelines established by each individual historic conservation district.
B. Repairs to structures that are deemed not to contribute to the character detTm.ing features of the
district will not have to comply with the design guidelines as long as the repairs are consistent
with current architecture of the structures.
9
35.7.7.7
A.
Alterations to Existing Construction
Exterior structural alterations along the street frontage of historic buildings or structures should
be avoided and shall be kept to a minimum.
B. Design for structural alterations to existing buildings or structures in the historic conservation
district shall conform to the design guidelines established by each individual historic conservation
district. The design shall be compatible with the character defining features of the majority of
surrounding properties and exhibit similar size, massing and scale as nearby contributing
buildings or structures.
C. The design guidelines will not apply to structures that are deemed not to contribute to the
character defining features of the district as long as the alterations match the existing exterior
structure.
35.7.7.8
A.
New construction; Structural Enlargement or Reduction
When new buildings or structures are proposed within a historic conservation district, their
design shall be compatible with the historic, cultuxal, or architectural character of the area. The
design shall promote the existing spatial and visual qualities in the lristoric conservation district,
including height and scale of buildings or structures, orientation, set back, spacing, site coverage,
and exterior features.
Design for new construction shall conform to the design guidelines estabhshed by each individual
historic conservation district and a certificate of appropriateness shall be required under the same
process as in section 35.7.7.9.
Tkis section shall not apply to new construction to replace a building that was deemed not to
contribute to the character defining features of the district. The new construction must match
the height, scale, orientation, set back, &pacing, site coverage and exterior features of the building
which it is replacing. New construction must meet the provisions of subsections A and B herein
if a building permit is not applied for within six months and construction does not begin wiflfin
12 months of the damage, or destruction of the structure.
35.7.7.9 Certificate of Appropriateness
A Certificate of Appropriateness is required for work that has the potential to change the character of a
structure or a group of structures in a historic conservation district. A Certificate of Appropriateness is not
required for routine maintenance. Routine maintenance does not change the character of a structure or a
group of structures in a historic conservation district. Routine maintenance includes, but may not be limited to,
painting already painted surfaces in-kind, replacing rotted or damaged siding or roofing with ink&nd materials,
replacing or repairing broken fixtures or hardware in-kind.
A. The following lists the steps required to obtain a Certificate of Appropriateness:
1. The property owner is required to submit an application for a Certificate of Appropriateness
to the HPO before proceeding with any work not considered routine maintenance.
Examples of work reqnbqng a Certificate of Appropriateness application include, but may
not be limited to, the following types of work:
a. Substantial exterior repair involving the removal or replication of character defining
features;
b. Rehabilitation, including minor rear or side additions to the building or structure (such
as a small bathroom, laundry room, minor room extension, additional oper~ngs not
visible from the street), or to the land (such as fencing, or outbuildings);
c. Major alteralions to the building or structure, including additional openings visible from
the street, garage, guest houses, major additions to the side, rear or additional full or
partial story, or to the land (such as fencing or outbuildings).
Information required to accompany an application includes:
a. Plans of proposed work
10
b. Photographs of existing conditions
c. Photographs or drawings of missing featuxes or elements to be rebuilt
d. Information on specific products or materials proposed for use
All information submitted must include sufficient detail and specificity to enable an
assessment as to whether or not the proposed work is in accordance with the historic
conservation district's Design Guidelines.
2. Upon receipt of a complete application, the HPO shall forward the application to the
Landmark Commission for review. The Landmark Commission shall determine whether or
not the application documentation is adequate for evaluation, and shall determine if the
proposed work is in accordance with the applicable Design GuideLines. If an application is
approved, the property owner may proceed with the work as approved.
3. If the Landmark Commission determines the proposed work is not in accordance with the
applicable Design Guidelines, the Landmark Commission shall make recommendations to
the applicant regarding changes to the proposed work that would bring the application into
compliance with the requirements for approval. The Landmark Commission and applicant
shall work together, in good faith, for a period of not less than sixty days, to resolve
outstanding issues and reach agreement that is in accordance with the applicable Design
Guidelines. The applicant shall provide the Landmark Comnmssion with all pertinent
information to help guide the Landmark Commission in their decision making process. If
information is made available to the Landmark comrmssion regarding economic hardship,
the Landmark Commission shall take that information into account regarding the applicant's
al~flity to acquire specific materials and/or craftsmanship or complete a scope of work. If
after good faith effort, agreement is not reached, the Landmark Commission may deny the
application.
4. If the Landmark Commission denies an application for a Certificate of Appropriateness, the
applicant may appeal the rejection to the City Council, within 10 days of the notice of denial.
The Landmark Commission shall provide the City Council with a report of their findings
and efforts within thirty (30) days of the appeal. The City Manager shall, within a reasonable
length of time, place the matter upon the City Council agenda for a determination as to
whether or not the proposed work is in accordance with the applicable Design Guidelines.
The City Council shall consider the Landmark Commission's report in making their decision.
If an application is determined in accordance with applicable Design Guidelines, the Council
may approve the application. If an application is approved, the applicant may proceed with
the work as approved.
B. Verification of Compliance for Certificate of Appropriateness Process
1. The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no
less than thirty (30) days after, shall make an investigation of the property and shall approve
or disprove the fact that the property has been completed as required for Certification. If
the repair or renovation deviates in any way from the approved construction plan, the HPO
will forward his/her findings to the Landmark Commission.
2. The Landmark Commission shall review the information submitted by the I-IPO and decide
whether or not the deviations from the approved construction plans are in accordance with
the historic conservation's district Design Guidelines.
3. If verification of completion shall be deemed unfavorable, the applicant shall be required to
complete the work as shown in the approved constriction plans or correct the deviation in a
manner consistent xvith the applicable Design Guidelines or appeal the Landmark
Comrmssion decision to City Council.
11
35.7.8 Historic District
35.7.8.1 Definition
Districts which may be designated historic landmarks pursuant to Section 35.7.6.1 shall be ~efewed to as
"historic districts" and shall mean geographically defmable areas possessing significant concentration, linkage or
continuity of buildmgs, structures, sites areas or land which ate united by architectural, historical, archeological
or cultural importance or significance.
35.7.8.2 Restrictions
All buildings, structures, sites, areas or lands located within a designated historic district, whether individually
designated historic or not, are subject to these regalafions. No person shall construct, reconstruct, alter, change,
restore, remove or demohsh hi any way the exterior features of such bttlidmg, structure or site, area or land
tmtil a pem~it has been g~anted by the bufdmg official of the city. Furthermore, no pubhc improvements,
inchidmg but not limited to street construction, signs, lightmg, sidewalk construction, parking facilities and
traffic system changes, except t~affic-contrul signs and devices, shall be made within or affecting an historic
district without approval of the city correct after recommendation has been submitted by the historic landmark
commission and appropriate city departments.
35.7.8.3 District Boundaries
The botmdaries of historic districts shall be d~awn so as to include all buildings, struct~es, sites areas or lands
which meet one (1) or more of the criteria set out in Section 35.7.6.5 o= which directly affect or relate to such
buildings, structures, sites, areas or lands meeting one (1) or more of the Section 55.7.6.5 criteria, provided that
at least fifty-one (51) percent of the total sb'uctures within the boundaries are of architectural, historic,
archeological or cuitu~al importance or value.
35.7.8.4
A.
Establishment of historic districts
Applications for consideration of an historic district shM1 be based upon architectural, historical,
archeological or cultural importance or value and accompanied by a report to the landmark
commission containing the following information:
1. A list of specific buildings, structures, sites, areas or lands of importance or value located
within the proposed disttict boundaries and a description of the particular importance or
value of each such building, sttucttLre, site, area or land;
2. A map showing the boundaries of the proposed historic district drawn to a scale of one (1)
inch equals two hundred (200) feet, and the location of each structure of importance ot
value identified by a number oz letter designation.
3. Sufficient photographs of each building, structure, site, area or land of impoxtance or vale
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. A~chitectural style;
e. Materials;
f. Construction technique;
g. Recognition by state or national government as architectuxally or historically fftguificant,
if so designated.
Application for estabhshment of an historic district on the basis of cuitttral oz archeological
importance or value shall be accompanied by a report containing 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;
12
2. A description of the cultural or archeological importance or value of the building, structure,
site, area or land being proposed for historic designation; and
3. Any evidence which would show recognition by either the state and/or the national
government.
C. Applications to increase the boundaries of an historic district may be made in one (1) or more of
the following conditions are met:
1. When buildings, structures, sites, areas or lands of importance or value related to the district
are requested for inclusion;
2. When facts previously undisdosed to or unknown by the landmark commission are revealed
which indicate that a particular braiding or site is possessed of special architectural,
archeological, cultural or historical importance or value.
D. Applications tu reduce the boundaries of an historic district may be made when one (1) or more
of the following conditions have been met:
1. When it can be shown that a particular building, site, area or land has no historic,
architectural, archeological or cultural importance or value to the viability of the district;
2. When exclusion of bu/ldings, stractures, sites, areas or lands is necessary for major new
development that would support either the architectural, historical, archeological or cultural
character or economic viability of the district;
3. When it can be shown that no degradation of the district, either physical, historical,
architectural, archeological or cultural, will result from exclusion of property from the
district.
E. Application for inclusion or exclusion may be made when (tther continued exclusion or inclusion
of property within the district would render it an economic hardship for reasonable continuation
in its present exterior form. In order to establish such economic hardship, the owner must show
that no reasonable alternative use exists which allows the exterior of the building to remain in its
original style. In evaluating economic return, the commission may request the owner to
document the value, rents, returns, tax burden and/or contracts pertaining to the property.
35.7.8.5 Criteria for designation of historic districts.
In evaluating applications for historic districts, the historic landmark commission shall consider Section 35.7.6.5
and Section 35.7.6.13. If the landmark commission recommends the establishment of an historic district, it
shall cause to be prepared an historic district designation ordinance which shall contain, but not be limited to,
the following:
A. A statement of purpose setting forth die commission's reasons for recommending designation of
the district;
B. A legal description of the boundaries of the district;
C. Maps, charts and photographs of the buildings, stmctmes, sites, areas or lands located within the
district;
D. Findings that support the criteria required in Sections 35.7.6.5 and 35.7.6.13, if applicable, that
establishes the particular importance or value of the district;
E. Recorrmaendations for the protection and preservation of the district referred to as the district
preservation plan.
35.7.8.6 District preservation plan.
The district preservation plan for the protection and preservation of the historic district shall include but shall
not be limited to the folloxving:
A. Zoning classification of uses. The historic landmark commission may examine the uses
existing within the district in terms of their individual and continued effect upon the character,
13
safety, economic and physical impact of the district and may recommend such changes in zoning,
height and area regulations.
B. 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.
C. 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 fature signs. If an existing sign is deemed to have a
negative impact on the character of the district, the comm/ssion may recommend a method of
removal or improvement of such sign, reviewing such sign changes with owners or tenants prior
to such recommendation.
D. Parking regulations. The commission may review the parking regulations in existence in the
district and recommend any changes in mmthers 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 recommendations for such public md/or
private parking lots, garages or structures it deems to be in the best overall interest of the district.
E. Architectural regulations. As a guide for those seeking a certificate of appropriateness pursuant
to Section 35.7.6.9, the historic landmark comm/ssion may, in conformance with the applicable
zoning classification, height, and area limitation and in keeping with the significant architectural,
historical archeological or cultural elements of each such district, recommend regulations
affecting the exterior of the building, including but not limited to the following:
1. Acceptable material for new construction such as stucco, masonry, metal and glass curtain;
2. Appropriate architectural character, scale and detail for new construction;
3. Acceptable appurtenances to new and existing structures such as gables, parapets, balcomes
and dormers;
4. Acceptable textures and ornamentation such as paint colors and types, use of wood, stone,
metal, plaster, plastics and other manmade 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;
5. Acceptable accessories on new or existing structures such as light fixtures, gaslights,
canopies, exterior carpentry, tile or wood, banners, flags and projections; and
6. For those properties which are sites, areas, lands, buildings, structures or vacant lots which
are not of bisturical, architectural, archeological or cultural importance or value,
development or redevelopment may be at the owner's discretion as long as there is no
variance from di/s historic district preservation plan as 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.
F. Transit and traffic operations. The cormmssion 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 rides,
shuffle services, and pedestrian facilities that will enhance and preserve the character of the
district.
G. 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 facilities 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.
14
35.7.8.6
A.
Administrative requirements of landmark commission.
When the 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
cormmssions and other public agencies directly affected.
In addition, it shall prior to rendering its final recommendation make the plan available to the
landowners in the proposed district. If the area under consideration has established an historic
district commtttee, 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 ensure that future public investment complies with the term of the district.
Commission-approved medallions for designated structures wqthi, the district shall be prepared
and, subject to the approval of the owners, may be affixed to the "H" designated structures.
35. 7.~9 _O_a.!?_Hi_ckory H_i?~to_r.i_q_.D_is_tr_i_ct- ...........................
35.7.9.1 Purpose
The purpose of this subsection 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.
35.7.9.2 Definitions
The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to
diem in this section, except where the context clearly indicates a different meaning:
Commission means the historic landmark commission authorized and appc/mted in accordance with
Section 35.4.3.
District means the area encompassed in the Oak-Hickory Historic District as established by and
described in Ordinance No. 87-224, as amended which is on file in the office of the city secretary.
35.7.9.3
A.
Applicability; conflicts with other provisions
Other regulations applicable to the Oak-Hickory Historic District as contained in any other
section of this chapter or Code shall continue to apply to the district, except as specifically
modified in this subsection.
If any provision of this subsection conflicts with any other provision of this Code, the provisions
of this subsection shall govern and control.
Where any provision of this subsection modifies any provision of any other ordinance applicable
to the district, the words used in th/s subsection shall have the meaning as defined in the
provisions of the ordinance modified, unless the definition is otherwise provided for in this
35.7.9.4
A.
Certificate of appropriateness
It shall be unlawful for any person to do or m allow or cause any other person to do any of the
following acts on any property located within the Oak-Hickory Historic District without first
applying for and receiving a certificate of appropriateness from the Historic Landmark
Comrmssion:
1. Constructing a new building or making an addition to an existing building;
2. Reconstructing. altering, changing or restoring the exterior facade of any existing building;
3. Placing or locating any building;
4. Performing any act for which a certificate of appropriateness is required by this article.
15
5. Constructing or erecting a fence, wall sign or other permanent improvement which is subject
to regulation by this subsection.
Any construction, alteration or improvement made on any property within the district which
would not require a certificate of appropriateness by reason of it not being visible from any
public street as provided in this article shall be snbmitted to the commission prior to the
beginning of the work for its determination of whether the improvement would be visible from a
public street.
The requirements and procedures of Section 35.7.6 providing for application and issuance of
certificates of appropriateness shall apply and be followed for any certificate of appropriateness
required in this subsection; provided, bowever, that no certificate of appropriateness required by
Section 35.7.6 or this section shall be granted except upon compliance with the additional
regulations of this section, where applicable.
35.7.9.5 Architectural Requirements
Architectural requirements in the Oak-Hickory Historic District shall be as follows:
A. Main building. Main buildings must be compatible in scale with structures existing in the
district.
B. Accessory buildings. Accessory buildings which are visible from any public street, other than an
alley, as deterrmned by the historic landmark commtssion, 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 awrangs are only permitted on an accessory building or
the rear facade of a main building, if not visible from any pubic street, other than an alley, as
determined by the comufission. Other awdings must be typical of any proposed stmctuxe and the
character of the main building.
E. Building placement. All buddings must be placed so as to not adversely affect the rhythm of
spaces between buildings on the block.
F. Chlmneys. 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. Ail additions m 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. Certain colors prohibited. Fluorescent, metallic colors are not permitted on the exterior of
any structure in the district.
2. Dominant and trina colors. Ali structures must have a dominant color which shall not be
of vivid saturation. The colors ora 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 suxfaces not previously paSnted must not
be painted unless it is determined that:
16
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 masomy or brick surface.
6. Stain. The use and color of stain must be typical of the style and period of the structure.
I. Facade materials.
1. Generally. The only permitted faqade materials are brick, wood siding, wood, stone, and
stucco. All facade treatments and materials must be typical of the style and period of the
main building.
2. Wood facades. Existing wood facades must be presented as wood facades.
Front entrances and porches.
1. Detailing. Railings, moldings, tile work, carvings, and other detailing and arckitectural
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. Facade openings. Porches must not obscure or conceal any facade openings in the main
buildings.
4. Floor coverings. Carpeting is not permitted as a porch floor or step coveting.
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
buflding. A front entry or porch must reflect the dominant horizontal and vertical
charactemt~cs 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 structm:e.
2. Patterns. Roof pattems 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 tyftcal 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 facade 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.
2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening.
3. Screen, stotnl doors and storm windows. Screens, storm doors, and storm windows may
be permitted iff
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 facade 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.
17
6. Style. Ali windows and doors in the front facade 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 bu/lding.
8. Frames. The frames of the windows must be trtmmed in a manner typical of the style and
period of the 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.
M. Outdoor lighting. Outdoor light fixtures must be compatible with the style and period of the
mare building and not obscure or conflict with sigmficant architectural details of the building.
35.7.9.6 Fences.
Fences in the Oak-Hickory Historic District shall comply with the following requirements:
A. 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.
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.
B. Height. The maxknum permitted height for a fence shall be as provided by this Code.
C. Materials. A fence must be constracted of one (1) or more of the following materials: cast metal,
wrought h:on, wood, stone, brick, patterned concrete, or stucco. Exposed concrete blocks are not
permitted.
D. Color and style. Fences must be of a color, style, and material which is compatible to the main
bttilding.
E. Masoury 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.
F. Wooden fences.
1. All wooden structural posts must be at least four (4) inches in diameter.
2. The side of a wooden fence facing a public street must be the finished side.
3. Wooden fences may be painted or stahaed a color that is complimentary to the main
building.
35.7.9.7 Signs.
All stgns located within the Oak-Hickory Historic District shall be subject to the provisions of Subchapter
35.15 of this Code, except as modified as follows:
A. Signs permitted. Stake and wall signs are permitted. Ground, roof, proiecting, portable, and off-
premises signs are prohibited, except for wind device signs used as ground or projecting signs as
specifically permitted in this section.
B. Wall and stake sign regulations.
1. Number of wall signs. Only one (1) wall sign per premises is permitted.
18
2. Size. No xvall sXgn shall have a mammmn 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. No stake sign shall have an effective area greater than ten (10) square feet.
C. Wind device signs. No wind device signs are permitted in the district, except that one (1)
national, one (1) state and one (1) registered corporate logo flag may be displayed on any one (1)
premises as a ground s~gn, wall sign, or projecting sign. If a flag is displayed as a ground sign or
projecting sign, the setback requirements applicable to pound signs in resident/al districts shall
apply. A corporate logo flag may only be displayed on a premises owned or controlled by the
corporation. No flag shall have a dimension, as to any one (1) side, which is greater than six (6)
feet.
D. Address or name signs. The sign regulations of this section shall not apply to the signs or
numbers which ate used solely to identify the street address of the premises or the identify by
name the occupants of a residential building.
E. Approval procedure for wall signs. No new wall signs shall be constructed or located and no
existing wall s~gn shall be altered, until a certificate of appropriateness is issued by the lzistoric
landmark commission in accordance with the procedure applicable to alterat/ons or changes of
the exterior architectural features of buildings, as provided for in this Subchapter.
35.7.9.8 Parking.
The provisions of Subchapter 35.14 of this Code 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 [me.
B. Number of parking spaces. Each specified use shall provide the following number of parldng
1. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwel[mg
un:it.
2. Non-residential uses shall provide one and one-half (I.5) the number of parking spaces
required for that use by Subchapter 35.14.
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