Cleburne City Zoning Code
HISTORIC LANDMARKS
§ 155.80 PURPOSE.
It is recognized that the city represents the unique confluence of time, land, and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. This subchapter has been established to provide for the protection, enhancement, and perpetuation of landmarks of historical and cultural importance and significance. It also proposes to promote the economic, cultural, educational and general welfare of the public.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9- 07)
§ 155.81 DEFINITIONS.
The following words, when used in this subchapter, shall take precedence and shall have the meaning respectively ascribed to them in this section, unless the context of this subchapter clearly indicates otherwise. Words that are not defined in this subchapter shall have the meaning as defined by the city.
ALTERATION. Any change to the exterior of a building, structure, object or site. ALTERATION shall include, but is not limited to, changing to a different kind, type or size of roofing or siding materials; changing, elimination, or adding exterior doors, door frames, windows, window frames, shutters, fences, railings, columns, beams, walls, porches, steps, porte-cocheres, balconies, or ornamentation, or the dismantling, moving or removing any exterior feature. ALTERATION does not include ordinary maintenance or repair.
ARCHITECTURAL CONTROL. Regulations governing the appearance or architectural style of buildings or structures.
CERTIFICATE OF APPROPRIATENESS. A current and valid permit issued by the Historic Preservation Officer or the Commission, as applicable, which approves the issuance of a building permit for construction, alteration, rehabilitation, restoration, relocation or demolition required by this subchapter.
CITY COUNCIL. The City Council of the City of Cleburne.
COMMISSION. The Historic Preservation Commission which shall consist of the five members of the City Council of the City of Cleburne, as defined in § 31.63 Commission Established.
DESIGNATED. The formal recognition by the Commission of a building, structure, object, or site as historically, architecturally, culturally or archaeologically significant to the city, state, nation or region.
EXTERIOR FEATURE. An element of the architectural character and general arrangement of the external portion of a building, structure or object, including building material that is visible from a public right-of-way.
HISTORIC LANDMARK. Any site, individual building, structure, or object designated by ordinance of the City Council that is worthy of rehabilitation, restoration and or preservation for its historic, cultural and or architectural significance to the city.
HISTORIC PRESERVATION OFFICER. The Historic Preservation Officer of the city, as designated by the City Manager.
NONRESIDENTIAL. Property that shall not be used for residential purposes under the Zoning Ordinance of the city.
ORDINARY MAINTENANCE AND REPAIR. This generally refers to activities relating to a property that would be considered ordinary or common for maintaining the property, such as replacement of a porch floor with identical or in-kind materials. It also shall include other activities such as painting.
PRESERVATION. The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It shall include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
RESIDENTIAL. Property that may be used for residential purposes under the Zoning Ordinance of the city.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9- 07; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.82 DESIGNATION OF HISTORIC LANDMARKS.
A historic landmark shall be designated as follows:
(A) Automatic eligibility. Designated recorded Texas historic landmarks and or properties listed in the National Register of Historic Places shall be automatically eligible for designation as a historic landmark upon processing of a nomination application by the owner of the property or structure.
(B) Nomination of historic landmark.
(1) Nomination for historic landmark designation shall be voluntary and made to the Commission. The nomination shall be submitted to the Historic Preservation Officer by the owner of record of the nominated property.
(2) Any proposal to designate a historic landmark shall be reviewed by the Historic Preservation Officer and forwarded to the Commission for designation of buildings, structures or objects as historic landmarks.
(C) Criteria. The following criteria shall be considered when determining whether a nominated property is eligible for consideration.
(1) Significance in history, architecture, archeology and or culture;
(2) Association with events that have made a significant contribution to the patterns of local, regional, state or national history;
(3) Association with the lives of persons significant in our past;
(4) Embodiment of the distinctive characteristics of a type, period or method of construction;
(5) Representative work of a master designer, builder or craftsman; or
(6) An established and familiar visual feature of the city.
(D) Historic Preservation Commission public hearing.
(1) A residential property shall be designated as a historic landmark only upon the request of the property owner.
(2) The Commission may nominate a nonresidential building, site, or structure for the purpose of designating it as a historic landmark, with the property owner's consent.
(3) The Commission shall conduct a public hearing to determine whether the nomination does or does not meet the criteria for designation. Not later than the fifteenth day before the public hearing, the city shall provide a statement to the owner of the property of the impact the designation may have on the owner and the property. The statement must include regulations that may be applied to any structure on the property after the designation; procedures for the designation; tax benefits that may be applied to the property after the designation; and rehabilitation or repair programs that the municipality offers for a property designated as historic.
(4) The Commission shall give mailed notice to owners of the proposed historic landmark and those within 200 feet of the proposed historic landmark, such notice to be given, not less than ten days before the date set for hearing to all such owners as the ownership appears on the last approved city tax roll.
(5) At the Commission's public hearing, owners, interested parties, and technical experts shall present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.
(6) The Commission shall determine the significance, or lack of significance, of the nominated property and its relationship to the criteria as set forth in division (C) of this section.
(7) The designation as a historic landmark does not obligate the property owner to improve, alter, or change a property. However, owners of designated property shall comply with the provisions of this subchapter and all other city ordinances.
(8) The Commission shall designate the historic landmark by ordinance or reject the nomination of the historic landmark.
(E) Recording. Upon designation of a historic landmark, the Commission shall cause the designation to be recorded in the official real property records of Johnson County and with the Johnson County Appraisal District.
(F) Historic markers. The Commission shall be responsible for determining the material, size, shape, color and design of historical markers for designated historic landmarks.
(G) Removal of historic designation. The Commission may remove the historic designation from a property.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9-07; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.83 CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS OR NEW CONSTRUCTION.
(A) No person shall carry out any exterior alteration, restoration, demolition, reconstruction, new construction or relocation of a landmark, or make changes in the exterior appearance of such landmark, visible from a public right-of-way (excluding ordinary maintenance and repairs as described in § 155.81) which affects the appearance and cohesiveness of the historic landmark, without first applying for a Certificate of Appropriateness from the Commission, or as permitted by the Historic Preservation Officer, as described in this section. The Commission shall have the authority to review all applications for a Certificate of Appropriateness and shall issue or decline to issue the certificate after conducting a public hearing and providing notice as stipulated herein. The applicant may appeal Officer denials to the Commission.
(B) No building permit shall be issued for proposed work until a Certificate of Appropriateness has first been issued by the Historic Preservation Officer or the Commission applicable. The Certificate of Appropriateness required by this subchapter shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the city.
(C) In considering an application for a Certificate of Appropriateness, approval or denial shall be guided by any adopted design guidelines or construction standards and, where applicable, the following criteria from the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings. Adopted design guidelines and Secretary of the Interior's Standards shall be made available to the owners of historic landmarks.
(1) Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment.
(2) The distinguishing original qualities or character of a building, structure, object, or site and its environment shall be preserved, when feasible. The removal or alteration of historic material or distinctive architectural features should be avoided when possible.
(3) All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an appearance of an earlier architectural design period shall be discouraged. Such alterations shall be permitted only with approval by the Commission after consideration of a detailed and written explanation regarding the need for such alteration.
(4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsman which characterize a building, structure, object, or site shall be kept where possible.
(6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) Subject property owner is not responsible for other's property.
(9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. Such alterations and additions shall be reviewed by the Commission at a public hearing.
(10) The Commission shall give mailed notice to owners of the proposed historic landmark and those within 200 feet of the proposed historic landmark, such notice to be given, not less than ten days before the date set for hearing.
(11) Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.
(D) Administrative approval. The Historic Preservation Officer shall approve a Certificate of Appropriateness if the requested construction is not considered to be substantive and does not address the physical alterations or visual appearance of the designated historical landmark.
(E) The Historic Preservation Officer may request that the Commission consider any request as deemed appropriate.
(F) Administrative staff shall not deny a Certificate of Appropriateness, but shall forward any such application to the Commission for consideration.
(G) If the requested construction is considered to be substantive and does not meet the recommended design guidelines, or if there are written objections to the application, the Historic Preservation Officer shall forward the request to the Commission for action.
(H) Historic Preservation Commission action. The Commission shall conduct a public meeting regarding a request for a Certificate of Appropriateness. The Commission shall approve the permit, deny the permit, or approve with modification.
(1) The Commission shall give published and mailed notice to owners of the requested Certificate of Appropriateness and those within 200 feet of the proposed historic landmark, such notice to be given, not less than ten days before the date set for hearing.
(2) If approved, decisions of the Commission shall state all findings pertaining to the approval or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate city departments, such as building inspections.
(3) Denial of a Certificate of Appropriateness shall only be granted by the Commission.
(I) Commission hearing. If a Certificate of Appropriateness is recommended for denial by the Historic Preservation Officer, the Commission shall schedule a public hearing to take action to approve, approve with modification, or deny the application.
(J) Application. The application for a Certificate of Appropriateness shall contain:
(1) Name, address, telephone number of applicant, detailed description of proposed work;
(2) Location and current photograph of the property and adjacent properties;
(3) Historic photographs of the property, if available;
(4) Elevation drawings of proposed changes, if available;
(5) Samples of materials to be used;
(6) If the proposal includes signs or lettering, a scaled drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign's location on the property; and
(7) Other information which the city administrative staff, or Commission may deem necessary to review the proposed work.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9- 07; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.84 CERTIFICATE OF APPROPRIATENESS REQUIRED FOR DEMOLITION.
A permit for the demolition of a designated landmark shall not be granted by the Building Official or other city official without the issuance of a Certificate of Appropriateness as provided for in Certificate of Appropriateness for alterations or new construction contained herein.
(A) Architectural design guidelines. In considering an application for a Certificate of Appropriateness, the Commission shall be guided by any design guidelines and or construction standards approved by the City Council.
(B) Ordinary maintenance. No regulations provided herein shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a designated historic landmark which does not involve a change in design material or outward appearance, including but not limited to, change in exterior paint color. In-kind replacement or repair is included in this definition of ordinary maintenance.
(C) Demolition by neglect. No owner, responsible party, or persons with an interest in a designated historic landmark shall permit the property to fall into a serious state of disrepair, such that the result of such deterioration of any exterior architectural feature would produce a detrimental effect upon the character of the landmark itself. Such deteriorated condition shall include:
(1) Deterioration of exterior walls or other vertical supports;
(2) Deterioration of roofs or other horizontal members;
(3) Deterioration of exterior chimneys;
(4) Deterioration or crumbling of exterior stucco or mortar;
(5) Ineffective waterproof of exterior walls, roof, or foundation, including broken windows or doors; or
(6) Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for the public safety.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9- 07; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.86 ENFORCEMENT.
Enforcement shall be in accordance with Tex. Loc. Gov’t Code § 315.006 and Tex. Gov’t Code § 442.016, as amended.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9- 07; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.87 FEE.
A filing fee of $150 shall be paid to the city at the time of submission of any application in accordance with this subchapter, except where a property is nominated by the Commission for consideration.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9- 07; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.90 DESIGN GUIDELINES FOR RESIDENTIAL AND NON-RESIDENTIAL HISTORIC LANDMARKS.
(A) Adoption of design guidelines. Pursuant to §§ 155.80 through 155.87 hereof, Historic Landmarks, the City Council adopts the following design guidelines for residential and non-residential buildings which are designated as historic landmarks. Such design guidelines shall be applicable in addition to the Secretary of Interior's standards for the rehabilitation of historic buildings. If there is a conflict between these design guidelines and the Secretary of the Interior's standards for the rehabilitation of historic buildings, the most restrictive regulations shall apply.
(B) Elements of design guidelines. These guidelines focus on the following elements for work that is to be done on residential or non-residential structures which are designated historic landmarks:
(1) Color;
(2) Roof styles;
(3) Ornamental features;
(4) Porches;
(5) Windows;
(6) Exterior materials; and
(7) Fences.
(C) Color. Colors shall be used to maintain the character of the area where the historic landmark is located and to complement and promote the heritage of both residential and non-residential construction. The color of the exterior surfaces of historic landmark structures is one of the factors with the greatest visual impact. The colors for the trim and primary structure shall be tones that reflect the time period of the original construction. These colors are readily available from major paint suppliers and usually are categorized into a selection grouping for compatibility. The primary colors may be used in combination with each other to provide contrasting trim colors. Painting of structures totally in one paint color scheme is strongly discouraged and will be addressed at the time of consideration of any application.
(D) Roof styles. An important element of the visual presentation of a structure is the style and construction of the roof. The character of the roof must be compatible with the general period of construction.
(1) Residential roof styles. The roof and pitch of the roof shall be in keeping with traditional types and styles in use in historic residential areas of the city. If repaired or replaced, the original pitch and style are required. Some of these roof types include a gable with such variations as the “clipped gable” and “saltbox.” These also include the hip with such variations as “gable on hip.”
(a) Any of these traditional roof types is acceptable without the need to duplicate the predominant roof type of a specific area since part of the charm of the city streetscape is the variety of roof styles and pitches. Acceptable materials include slate, asphalt shingle, and simulated shingles. Wood shingles must be approved by the Fire Marshal.
(b) Original roof materials and color shall be retained for replacement of a roof when at all possible. The color and texture of shingles shall be appropriate to the architectural style and period of the structure.
(2) Non-residential roof styles. Non-residential historic landmark structures located in the downtown area should typically have a flat roof with parapet walls along the front and sides. Pitch roofs for non-residential historic landmark structures are permitted in transitional areas where residential structures are located. Pitch roofs are preferred for historic landmark church structures but are not required. Metal roofs on historic landmark structures located in transition areas may be of metal construction only if such construction is standing seam of a green, bronze, or other color pertaining to the time period. Changes to the roof type or material of any historic landmark structure, residential or non-residential, requires review recommendation and approval of the Commission and other bodies, as may be required by this subchapter.
(E) Architectural detail. Architectural details help establish the character of historic structures. These details are unique to the period of time which the Commission is seeking to preserve.
(1) Architectural details are those items that add to the basic features of the construction of an historic landmark to give the structure its own unique character and signature. These features may be items such as window and door trim styles, corner pilasters, gable peak ornamentation, lattice work, balustrades, traditional paneled and louvered wooden shutters and similar details.
(2) The applicant is encouraged to extend the design style of the existing historic landmark structure to any addition, and, in the case of alteration of an existing historic landmark structure, the architectural details of the exterior shall be preserved. Changes that have taken place in the course of time which are evidence of the history and development of the building and the environment may have acquired significance in their own right; and their significance shall be recognized and respected. Architectural details of any period or style not original to the building shall not be introduced. Commercial historic landmark structures shall demonstrate detail on parapet walls, windows, doors, trim and brick work.
(F) Porches. Porches are one of the most important characteristics of residential structures. Nonresidential structures also have specific treatments to the front of the structure which are of similar importance.
(1) Porches on historic landmark structures in residential areas are encouraged and shall be retained. Porches are an integral part of the original design of a historic residence. They are often the most important design element on the front of a residence. It is important to preserve the historic integrity of a residence by retaining original elements such as posts, balustrades and steps. New construction shall incorporate these elements into the design of the new structure.
(2) It is recommended that new rooms added to historic landmark structures be constructed to the rear of the house where they are not visible from the street. If it is unavoidable to enclose a porch, all supporting posts, railings, and other decorative features shall be retained. A design that is easily reversible shall be considered. Porches shall not be enclosed with glass or walls or any other material. The only acceptable material is screening.
(G) Windows. The style and type of windows helps to establish the historical character of residential and non-residential structures. The primary emphasis shall be on windows that are visible from public spaces.
(1) Residential.
(a) Windows are a defining character of the heritage of a designated historic landmark structure. Alterations or additions to historic landmarks shall have windows that are compatible with the existing and surrounding structures. Most original structures which are historic landmarks feature double hung wood windows and some newer structures feature an assortment of casement windows.
(b) As a general policy the following standards shall be observed when work is done on a residential historic landmark structure:
1. The original shape of the window shall be maintained.
2. The original number and arrangement of panes should be maintained.
3. The characteristic window shape shall reflect the period of construction.
4. Aluminum storm windows and screens are appropriate. Blind stop storm windows painted to match sash color are preferred.
5. Shutters, unless appropriate to the style of the building, shall not be introduced. Shutters shall fill an opening in height and width so that if they were closed, the opening would be covered.
6. Window openings shall not be introduced unless they match the existing window configuration, and their placement harmonizes with the existing pattern of the openings.
7. Original windows shall not be filled in.
(2) Non-residential.
(a) Similar to residential structures, windows on non-residential designated historic landmark structures are an integral part of the character of the structure. The window types must be consistent with the style. The windows and the entrance are a principle feature for this style.
(b) Similar to policies for residential windows, the following shall be observed when work is done on a non-residential historic landmark structure:
1. The original shape of the window shall be maintained.
2. The original number and arrangement of panes should be maintained.
3. The characteristic window shape shall reflect the period of construction.
4. Window openings shall not be introduced unless they match the existing window configuration and their placement harmonizes with the existing placement pattern of the openings.
5. Original windows shall not be filled in.
(H) Exterior materials. Exterior treatment of walls is critical in residential structures.
(1) Many of the structures in historic areas were originally constructed with wood exteriors. To support the character of designated historic landmarks, wood is preferred for exterior repairs, additions, and new construction, when it is consistent with the existing exterior surface. Materials that mimic the appearance of wood may be utilized so long as the historic exterior appearance of historic landmarks are maintained in all cases.
(2) As a general policy, the following standards shall be observed:
(a) Trim and detailing shall not be removed unless being repaired or replaced with compatible material of the time period.
(b) Replacement wood siding shall replicate the materials, dimensions, lap dimensions, detailing and placement patterns of the original.
(c) Artificial siding, including, but not limited to, vinyl, aluminum, and artificial brick and stone may be used only when it is deemed absolutely necessary, and in such cases, the visual historic character of the structure must be maintained.
(d) Painting of original brick is inappropriate unless it is mismatched or so deteriorated that it cannot withstand weather. If painting is necessary, original brick colors shall be used.
(e) Decorative shingles on the entire exterior of a structure may not be used, unless historic documentation exists that indicates such usage.
(f) Covering original brick of non-residential structures with aluminum or false fronts including mansard-type awnings shall not be permitted. Any remodeling or reconstruction of structures with this treatment shall include removal of aluminum siding and false fronts.
(I) Fences. Materials used for enclosures of residential property often reflect the character of the neighborhood.
(1) Fences in the front yard of an historic landmark structure are a decorative element. As a rule, the fence regulations adopted by the city shall govern fences unless otherwise provided herein.
(2) As a general policy, the following standards shall be applicable to fences in the yards of historic landmark structures:
(a) Metal fences located in the front yard shall be decorative iron material, and no chain link fences are permitted in the front yard.
(b) Wood-picket fences are appropriate in front and rear yards of houses when they are consistent with the architectural style of the main structure. Board fences, with the boards spaced closely together, are appropriate only around rear yards.
(c) New front yard fences shall be open in character so as to not create a visual barrier between the main structure and the public street.
(d) New decorative fences placed in the front yard shall not exceed a height of 42 inches.
(e) Fences located in the front yard shall have an appropriate transition to fences located in the rear and side yards. Transitions may be accomplished by gradually increasing the height to the height of the rear yard fence, incorporating landscaping to aid in the transition, or extending the character of the decorative fence into the rear of the side yard.
(J) New construction. The following general policies shall be observed for any new construction of a residential or non-residential structure designated as a historic landmark:
(1) These guidelines apply only to the exterior of buildings and to areas of lots visible from the public rights-of-way.
(2) New structures shall be constructed to the same scale and style as structures in the surrounding area so that they are compatible with such other structures.
(3) Outbuildings, garages and storage buildings shall reflect the character of the existing residence and surrounding structures and shall be compatible with the existing residence in terms of height, scale, roof shape, materials, texture, and details. The location and design of outbuildings shall not be visually disruptive to the character of the surrounding buildings.
(4) The appearance of new construction, including driveways, sidewalks, lighting, fences, and walls, shall be visually compatible with the environment of the existing structures and sites to which they relate.
(K) Exterior materials.
(1) Any construction of exterior walls for any historic landmark structure shall be of exterior fire resistant construction having at least 75% of the total exterior walls above grade level, excluding doors and windows, constructed of masonry or other equivalent material, in accordance with the city’s building and fire codes. Strict adherence to this requirement shall not be such as to prevent architectural integrity of the period.
(2) Standards for masonry construction types on historic landmark structures are listed below:
(a) Stone material. Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone and dimensioned stone techniques are acceptable.
(b) Brick material. Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C2l6, standard specification for facing brick (solid masonry unit made of clay or shale), and shall be severe weather (SW) grade, and Type FBA or FBS or better. Unfired clay, sand, or shale brick are not allowed.
(c) Concrete masonry units. Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications: ASTM C90, standard specification for hollow load bearing concrete masonry units; ASTM Cl45, standard specification for solid load bearing masonry units; ASTM Cl29, standard specification for hollow and solid nonload bearing units. Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish. Lightweight concrete block or cinder block construction is not acceptable as an exterior finish.
(d) Concrete panel construction. Concrete finish, pre-cast panel, tilt wall, or cement composition reinforced panel construction shall be painted, fluted, or exposed aggregate. Smooth or non-textured concrete finishes are not acceptable unless painted.
(e) Glass and metal standards. Glass walls shall include glass curtain walls or glass block construction. “Glass curtain wall” means an exterior wall which carries no structural loads, and may consist of a combination of metal, glass, or other surfacing material supported in a metal framework.
(Ord. 03-2008-21, passed 3-25-08; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.91 RECOMMENDED DESIGN GUIDELINES FOR THE DOWNTOWN DISTRICT.
(A) Adoption of recommended design guidelines.
(1) The City Council adopts the following non-binding, recommended design guidelines for all renovation or repairs of buildings in the Downtown District and for construction of new buildings in the Downtown District. The City Council finds that it is desirable for development in the Downtown District to comply with these guidelines. When used in this division, “Downtown District” means the aforementioned Downtown District as designated and described.
(2) Adoption of these guidelines does not exempt a property owner from compliance with the zoning ordinance, building codes and other city codes and ordinances which apply to property in the Downtown District.
(B) Elements of recommended design guidelines. These recommended design guidelines for the Downtown District focus on the following elements when buildings are renovated or repaired, or new buildings are constructed:
(1) Color;
(2) Roof styles;
(3) Ornamental feature;
(4) Porches;
(5) Windows;
(6) Exterior materials;
(7) Lighting; and
(8) Signage.
(C) It is recommended that all renovation or repairs of buildings and all construction of new buildings in the Downtown District comply with the standards stated in this division. Designated historic landmarks in the Downtown District are required to comply with the historic preservation division and the design guidelines contained in § 155.90.
(D) Color. The color of exterior surfaces of structures in the Downtown District is one of the factors which has the greatest visual impact. The colors for the trim and primary structure should be tones that reflect the time period of the original construction. These colors are readily available from major paint suppliers and usually are categorized into a selection grouping for compatibility. Painting of structures totally in one paint color scheme is strongly discouraged and will be discussed at the time of consideration of any application.
(E) Downtown roof styles. Structures located in the Downtown District should have a flat roof with parapet walls along the front and sides. Roofs should be of metal construction only if the construction is architecturally standing seam design is green, bronze, or other colors.
(F) Architectural detail.
(1) Architectural details are those items that add to the basic features of the construction to give the structure its own unique character and signature. These features may be items such as window and door trim styles, corner pilasters, gable peak ornamentation, lattice work, balustrades, traditional paneled and louvered wooden shutters and the like.
(2) The property owner is encouraged to extend the design style of the existing structure to any addition, and, in the alteration of an existing structure, the architectural details on the exterior should be preserved. Changes that have taken place in the course of time, which are evidence of the history and development of the building and the environment, may have acquired significance in their own right; their significance should be recognized and respected.
(3) Architectural details of any period or style not original to the building should not be introduced. Commercial structures should demonstrate detail on parapet walls, windows, doors, trim and brick work.
(G) Windows. Windows on buildings in the Downtown District are an integral part of the character of the structures. The window type should be consistent with the style of the building. Similar to residential policies for windows in historic landmarks, the following should be observed:
(1) The original shape of the window should be maintained.
(2) The original number and arrangement of panes should be maintained.
(3) The characteristic window shape shall reflect the period of construction.
(4) New window openings should not be introduced unless they match the existing window configuration and their placement harmonizes with the existing placement pattern of the openings.
(5) Original windows should not be filled in.
(H) Exterior materials. The historic exterior materials should be maintained in all cases. As a general policy, the following should be observed:
(1) Trim and detailing should not be removed.
(2) Replacement wood siding should replicate the materials, dimensions, lap dimensions, detailing and placement patterns of the original.
(3) Artificial siding, including, but not limited to, vinyl, aluminum, and artificial brick and stone, should be used only when it is deemed absolutely necessary and in such cases that the visual historic character of the structure should be maintained.
(4) Painting of original brick is inappropriate unless it is mismatched or so deteriorated that it cannot withstand weather. If painting is necessary, original natural colors should be used.
(5) Decorative shingles on the entire exterior of a structure should not be used, unless historic documentation exists that indicates such usage.
(6) The original brick of non-residential structures should not be covered with aluminum or false fronts including mansard-type awnings. Any remodeling or reconstruction of structures with this treatment should include removal of aluminum siding and false fronts.
(I) New construction. It is recommended that the following general policies be observed for any new construction in the Downtown District:
(1) These guidelines apply only to the exterior of buildings and to areas with lots visible from public rights-of-way.
(2) The public facades (front and street related elevations) of proposed new construction in the Downtown District should be more carefully reviewed by the city than other facades.
(3) New structures should be constructed to a scale and style that it is compatible with other structures in the Downtown District.
(4) Appurtenances related to new construction, including driveways, sidewalks, lighting, fences, and walls, should be visually compatible with the environment of the existing structures and sites to which they relate.
(J) Lighting. Illumination devices in the Downtown District should not flash or move and should remain appropriate with the historical era.
(K) Signage. Signs within the Downtown District may not rotate or move. As noted above, signs in the Downtown District must comply with the sign regulations division.
(L) Exterior materials. The exterior walls of buildings in the Downtown District should feature masonry construction. Recommended standards for masonry construction types are listed below:
(1) Stone material. Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally-occurring all weather stone. Cut stone and dimensioned stone techniques are acceptable.
(2) Brick material. Brick material used for masonry construction should be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM Standard C2l6, standard specification for facing brick (solid masonry unit made of clay or shale), and shall be severe weather (SW) grade, and type FBA or FBS or better. Unfired or clay, sand, or shale brick should not be used.
(3) Concrete masonry units. Concrete masonry units used for masonry construction should meet the latest version of the following applicable specifications: ASTM C90, standard specification for hollow load bearing concrete masonry units; ASTM Cl45, standard specification for solid load bearing masonry units; ASTM Cl29, standard specification for hollow and solid nonload bearing units. Concrete masonry units should have an indented, hammered, split face finish or other similar architectural finish. Lightweight concrete block or cinder block construction should not be used as an exterior finish.
(4) Concrete panel construction. Concrete finish, pre- cast panel, tilt wall, or cementitious composition reinforced panel construction should be painted, fluted, or exposed aggregate. Smooth or non-textured concrete finishes should not be used unless painted.
(5) Glass and metal standards. Glass walls may include glass curtain walls or glass block construction. “Glass curtain wall” means an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.
(Ord. 03-2008-22, passed 3-25-08; Am. Ord. 01-2020-08, passed 1-28-20)
§ 155.99 PENALTY.
(A) General penalty. Any person violating any provision of this chapter for which no other specific penalty is provided shall be subject to the penalty provisions of § 10.99.
(B) Sexually oriented businesses.
(1) Except as provided by division (B)(2) of this section, any person violating § 155.15 shall, upon conviction, be subject to punishment for committing a Class A misdemeanor, by a fine not to exceed $4,000 for each offense. A separate offense shall be deemed committed upon each day during or on which violation occurs.
(2) If the sexually oriented business involved is an adult cabaret or other adult establishment not within the definition of Tex. Loc. Gov't Code § 243.002, then violation of § 155.15 is punishable as a Class C misdemeanor.
(Ord. 8-1997-56, passed 8-12-97; Am. Ord. 10-1998-69, passed 10-13- 98; Am. Ord. 2-2002-08, passed 2-12-02; Am. Ord. 08-2004-47, passed 8-24-04; Am. Ord. 08-2007-44, passed 8-28-07; Am. Ord. 04-2022-34, passed 4-12-22)
Statutory reference:
Authority, see Tex. Loc. Gov't Code § 243.010(b)