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2002-322ORDINANCE NO. r ~00o? -Ja a AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE"," "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.6 "HISTORIC CONSERVATION DISTRICTS" PROVIDING FOR THE CREATION OF HISTORIC CONSERVATION OVERLAY DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $ 2000.00 FOR EACH AND EVERY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council finds that there are areas of the city which reflect elements of the city's cultural, social, economic, political, architectural or archeological history which should be conserved and protected ; and WHEREAS, the City Council finds that it would be appropriate to provide protection for these areas other than the rules and procedures relating to designation of "historic districts"; and WHEREAS, the City Council finds that by allowing the creation of historic conservation districts that it will provide flexibility in protecting the particular cultural, social, economic, political, architectural or archeological history of these areas; and WHEREAS, the City Council has received recommendations from the Historic Landmark Commission and the Planning and Zoning Commission, after giving the required notices and required public hearings recommending that the city should allow the creation of historic conservation districts to protect the city's architectural or cultural attributes; and WHEREAS, the City Council finds that allowing the establishment of such historic conservation districts serves a public purpose; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose and Overlay Districts", Code of Ordinance, City of Denton Texas is hereby amended by adding Section 35.7.6, Historic Conservation District to read as follows: 35.7.6 Historic Conservation District 35.7.6.1 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 coma n landmarks, buildings, and/or sites which reflect elements of the citys cultural, social, economic, political or architectural or archeological history, B. Stabilize and improve property values; C. Ensure 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 resources for the education, pleasure and welfare of citizens of the City of Denton. 35.7.6.2 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 clearly 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. Historic preservation: The protection, reconstruction, rehabilitation, repair or restoration of landmarks of historical, architectural or archeological significance. HPO: The Historic Preservation Officer for the City of Denton WO). Landmark: Atry 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. Landmark Conunission: The City of Denton Hstoric Landmark Commission (Landmark Commission). Site: The location of a significant event, a prehistoric or historic occupation or activity, which may include open spaces, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. 35.7.6.3 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, structures, 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 and/or have a common streetscape and/or have similar spatial relationships and/or contain common visual qualities 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 qualities common throughout an identifiable geographical area. 35.7.6.4 Procedures for Designation A. Designation as a historic conservation district may be initiated by the Landmark Commission 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%0 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 budding 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 determine if the request meets the criteria set out in Section 35.7.6.3 and set forth the basis for the determination.. C. If the Landmark Commission 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 mail. The notice must be sent to the address shown on the application. The decision of the Landmark Commission that an area is not eligible for conservation district classification may be appealed to the Planning and Zoning Commission. D. An appeal under subsection (C) 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 Commission erred in its determination of eligibility, and, in this connection, the Planning and Zoning Commission shall consider the same standards that were required to be considered by the Landmark Commission in making its determination. E. The Planning and Zoning Commission's determination of eligibility on appeal is final. If the Planning and Zoning Commission determines that the area is not eligible 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 necessary 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 necessary studies or any additional research is complete, the Landmark Commission shall hold a public hearing and shall give due notice of such public hearing. The notice for the public hearing shall include written notice to the owner(s) of record of property proposed for designation as a historic conservation district. R Within forty-five (45) days after the public hearing, the Landmark Commission shall submit a final report to the Planning & Zoning Commission, 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 hearing. 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 making 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 Overlay Districts" 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. 35.7.6.5 Conservation District Ordinance The ordinance creating a conservation district shall be based upon the reports and recommendations of the Landmark Commission, Planning and Zoning Commission, city staff, and property owners at the public meetings. The ordinance must contain design guidelines based on the U.S. Secretary of the Interiors Standards forRdxtMkaticn, 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. 35.7.6.6 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 defining 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. 35.7.6.7 Alterations to Existing Construction A. 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. 35.7.6.8 New construction; Structural Enlargement or Reduction A. When new buildings or structures are proposed within a historic conservation district, their design shall be compatible with the historic, cultural, or architectural character of the area. The design shall promote the existing spatial and visual qualities in the historic conservation district, including height and scale of buildings or structures, orientation, set back, spacing, site coverage, and exterior features. B. Design for new construction shall conform to the design guidelines established by each individual historic conservation district and a certificate of appropriateness shall be required under the same process as in section 35.7.6.9. C. This 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, spacing, 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 within 12 months of the damage, or destruction of the structure. 35.7.6.9 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 in-kind 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 requiring a Certificate of Appropriateness application includes, 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 openings not visible from the street), or to the land (such as fencing, or outbuildings); c. Major alterations 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 b. Photographs of existing conditions c. Photographs or drawings of missing features 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 Commission with all pertinent information to help guide the Landmark Commission in their decision making process. If information is made available to the Landmark Commission regarding economic hardship, the Landmark Commission shall take that information into account regarding the applicant's ability 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 detemunation 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 HPO 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 with the applicable Design Guidelines or appeal the Landmark Commission decision to City Council. SECTION 2. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That 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, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the 11-4 -day of ~ '2002. ..-C - EULINE BR~OCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. ~'ir ;