(Ord. passed 5-18-2017)

The following requirements apply to all land within the FPO district as defined in section 153-72. Under no circumstances shall a planned development or rezoning of property change the applicability of the FPO district's land use restrictions and applicable development standards.

(Ord. passed 5-18-2017)

The boundaries for the FPO district shall be any area that is a special flood hazard areas (i.e., "100-year floodplain" or one percent chance floodplain) on a FIRM map; and any area not shown on a FIRM map, but drawn onto the city's official zoning map as an FPO district.

(Ord. passed 5-18-2017)

(a)

Exemptions; None.

(b)

Fences and walls. Fences and walls shall not be permitted in the FPO District, except a wire farm animal enclosure fence with at least four inch by four inch clear space between any two parallel wires.

(c)

Parking lots. Parking lots associated with an adjacent commercial, institutional, multiple-family residential, or industrial land use shall not be partially or fully located in the FPO district.

(d)

Retention and detention standards. Retention and detention ponds are not permitted in the FPO District.

(e)

Storage tank standards. Under no circumstance shall above ground or below ground storage tanks be located in the FPO District.

(f)

Pedestrian facilities. Any trails or walkways intended for pedestrians or bicycles located in the FPO District shall be constructed to endure the periodic inundation with water.

(g)

Signs. Commercial signs shall not be located in the FPO District.

(Ord. passed 5-18-2017)

(a)

The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education, and welfare of the people. The purposes of this subchapter are:

(1)

To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's cultural, social, economic, political, archaeological, and architectural history.

(2)

To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks.

(3)

To stabilize and improve property values in such locations.

(4)

To foster civic pride in the beauty of noble accomplishments of the past.

(5)

To protect and enhance the city's attractions to tourist and visitors, and provide incidental support and stimulus to business and industry.

(b)

The following land uses and site features shall not be permitted in the historic district overlay even if they are a permitted use or special exception use in the base zoning district:

(1)

Gas stations.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

The following requirements apply to all land within the HDO district as defined in section 153-76. Under no circumstances shall a planned development or rezoning of property change the applicability of the HDO district's land use restrictions and applicable development standards.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

The boundaries for the HDO district shall be as shown on the official zoning map for the city.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

The city council may designate certain buildings, land, areas and districts in the city as historic landmarks and define, amend and delineate the boundaries thereof on the official zoning map. The abbreviation "HDO" shall be used on the official zoning map to indicate the applicability of the overlay district on buildings, land, areas and districts.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

In making such designation as set forth in section 153-77, the city council shall consider one or more of the following criteria:

(1)

Character, interest or value as part of the development, heritage or cultural characteristics of the City of Henderson, State of Texas, or the United States;

(2)

Location as the site of a significant historic event;

(3)

Identification with a person or persons who significantly contributed to the culture and development of the city;

(4)

Exemplifications of the cultural, economic, social or historical heritage of the city;

(5)

Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(6)

Embodiment of distinguishing characteristics of an architectural type or specimen;

(7)

Identification as the work of an architect or master builder whose individual work has influenced the development of the city;

(8)

Reserved;

(9)

Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historic, cultural or architectural motif;

(10)

Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city;

(11)

Archaeological value in that it has produced or can be expected to produce into affecting theories of historic or prehistoric interest;

(12)

Value as an aspect of community sentiment or public pride.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

(a)

There is hereby created a committee to be known as the historic landmark preservation committee of the city composed of seven members appointed by the city council. All members shall have knowledge and experience in the field of history, art, architecture or real estate and development, and shall be appointed from a list of nominees solicited from:

(1)

Rusk County Heritage Association;

(2)

Rusk County board of Realtors;

(3)

Henderson Area Chamber of Commerce;

(4)

Henderson Downtown Property Owners;

(5)

Such other individuals and organizations as the city council may in its discretion wish to consult or consider.

(b)

Appointments to the historic landmark preservation committee shall be for a term of two years ending on the first day of February in even numbered years, and the members shall serve without compensation. The historic landmark preservation committee shall designate a chairman and a vice chairman from its members.

(c)

The historic landmark preservation committee shall have meetings upon call by the committee chairman or upon petition of a simple majority of committee members. Four members present shall constitute a quorum, and issues shall be decided by a simple majority vote of the members present. The minutes of each meeting shall be kept and filed in the office of the city secretary.

(d)

In addition to the seven members appointed by the city council, the city manager or his representative, the building official, and the main street manager shall sit on the committee as ex-officio members. They shall not have voting powers but shall assist the historic landmark preservation committee in its varied functions.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

(a)

The historic landmark preservation committee shall thoroughly familiarize itself with the buildings, land, areas, and districts within the city, which may be eligible for designation as historic landmarks and shall prepare a historic landmark preservation plan, hereinafter referred to as the "preservation plan", which shall:

(1)

Identify and catalog buildings, land, areas and districts of historical, architectural, archaeological or cultural value along with statements of fact which verify their significance;

(2)

Identify criteria to be used in determining whether certain buildings, land, areas and districts should be designated as historic landmarks;

(3)

Identify guidelines to be used in determination of whether to grant or deny certificates of appropriateness for proposed alterations to the exterior of a designated historic landmark;

(4)

Formulate a program for private and public action which will state the role of various city agencies in the preservation of historic landmarks;

(5)

Suggest sources of funds for preservation and restoration activities for all acquisitions, to include federal, state, municipal, private and foundation sources; and

(6)

Recommend incentives for preservation.

(b)

The historic landmark preservation committee shall recommend to the planning and zoning commission that certain buildings, land, areas and districts in the city be designated as historic landmarks. Each recommendation shall include:

(1)

Those premises, lots or tracts to be designated,

(2)

Any additional uses to be permitted in the "HDO",

(3)

Specific criteria for the required preservation of the exteriors of the premises within the designated subdistrict.

(c)

If the historic landmark preservation committee finds that certain buildings, land, areas or districts cannot be preserved without acquisition, the historic landmark preservation committee shall recommend to the planning and zoning commission that the fee or a lesser interest in the property be acquired by gift to purchase, using funds available for preservation or restoration.

(d)

Where there are conditions under which the required preservation of a historic landmark would cause undue hardship to the owner or owners, use changes may be recommended by the historic landmark preservation committee. Such changes shall be in keeping with the spirit and intent of this overlay district.

(e)

Periodically the historic landmark preservation committee shall review the status of designated historic landmark subdistricts and include in the historic landmark preservation committee minutes a report of such review.

(f)

The designation of a historic landmark subdistrict may be amended or removed using the same procedure as provided for establishing the original designation.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

(a)

The planning and zoning commission shall hold public hearings as provided in the zoning ordinance of the city to consider any historic landmark subdistrict designation recommended by the historic landmark preservation committee.

(b)

At the conclusion of a hearing the 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 such recommendation to the city council.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

The following criteria shall be used in the approval of permits for new construction, demolition, and renovation of property in the HDO of the city:

(1)

New construction must conform to the architectural era and features of adjacent buildings; or

(2)

If a building is destroyed, new construction shall conform architecturally with adjacent buildings and properties or should resemble as closely as possible the previous structure as it was originally designed; or

(3)

The plans must be approved by the historic landmark preservation commission.

(Ord. 2021-05-02, passed 7-20-2021)

(a)

No permit for proposed work for the exterior of a designated historic landmark shall be issued to any applicant by the building official of the city unless the application had first been reviewed by the historic landmark preservation committee.

(b)

When applying for a building permit for the exterior of a designated landmark, use applicant shall forward two copies of all detailed plans, elevations, perspectives, specifications and other documents pertaining to the work to the building official, who shall forward such application to the historic landmark preservation committee chairman within five days of receipt thereof. Any applicant may request a meeting with the historic landmark preservation committee before submitting an application and may consult with the historic landmark preservation committee during the review of the permit application.

(c)

Upon review of the application, if the historic landmark preservation committee finds the proposed work of a nature which will not adversely affect any significant historical or architectural feature of the historic landmark, and which is appropriate and consistent with the spirit and purposes of this overlay district, it shall forward a "certificate of appropriateness" to the building official of the city within ten days, and the building official shall advise the applicant of approval.

(d)

If the historic landmark preservation committee finds that the proposed work will adversely affect or destroy any significant architectural, archaeological, or cultural ventures of the landmark, or is inappropriate or inconsistent with the spirit and purpose of this overlay district, it shall inform the building official the application is disapproved.

(e)

If no action has been taken by the historic landmark preservation committee within 45 days of the original receipt by the building official, a "certificate of appropriateness" shall be deemed issued by the historic landmark preservation committee and the building official shall advise the applicant.

(f)

No change shall be made in the application for any building permit after issuance of the "certificate of appropriateness" without re-submittal of application to the historic landmark preservation committee and approval there in the same manner as provided above.

(g)

After a decision is reached by the historic landmark preservation committee denying an application for "certificate of appropriateness," a re-submittal of application will not be accepted for additional hearing within a 12-month period from the date of final decision except upon written request by the applicant, indicating the incorporation of changes in plans and specifications to the original application as recommended by the committee which would protect the distinctive character of the historic landmark.

(h)

Proposed exterior changes and alterations to the designated historic landmark not requiring a building permit shall be submitted in writing directly to the historic landmark preservation committee for a "certificate of appropriateness" which shall be granted before such work can be undertaken. The application shall specifically describe the alteration or change proposed. If the historic landmark preservation committee finds the proposed work of a nature which will adversely affect any significant architectural or historical venture of a designated historic landmark, and which is inappropriate or inconsistent with the spirit and purposes of this overlay district, the historic landmark preservation committee shall notify the applicant within 30 days that said application has been disapproved; otherwise, the application shall be deemed approved and the certificate of appropriateness issued. Divisions (f) and (g) of this section apply here also.

(i)

Ordinary repair and maintenance which does not involve changes in architectural or historical value, style, general design, arrangement, texture, material, or color are exempt from the provisions of this subchapter. The foregoing prohibitions shall not apply to color of paint on wooden structures.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

If application is received by the building official for demolition or removal of any historic landmark, or designated building within the "HDO" as provided for in sections 153-80 through 153-82, the historic landmark preservation committee shall hold a hearing within 30 days after the application is initially filed and forwarded to the historic landmark preservation committee. The historic landmark preservation committee shall hear all other interested parties. The historic landmark preservation committee shall consider the state of repair of the building, the reasonableness of the cost of restoration or repairs, taking into account the purpose of preserving the designated historic landmark, the character of the neighborhood, and all other factors, which it finds appropriate. The historic landmark preservation committee may recommend the disapproval of the application by determining that in the interest of preserving historical values, the structure should not be demolished; and in that event, the application shall be suspended for a period not exceeding 90 days from the date of application. Within this suspension period for an additional period not exceeding 120 days, to a total of not more than 240 days from the date of application for demolition. During the period of suspension of the application, no permit shall be issued for such demolition or removal nor shall any person demolish or remove the building or structure. If no action is taken by the city council within 240 days from the date of the application, the demolition permit shall be issued and the building official shall so advise the applicant.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

Use classification as to all property which may be included in a historic landmark subdistrict shall continue to be governed by the zoning ordinance of the city and shall continue upon establishing an "HDO".

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

(a)

It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any historic landmark in violation of the provisions of this overlay district. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing, or maintenance, to restrain, correct or abate such violation.

(b)

Any person who violates any provision of this overlay district shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted; and each offense shall be punished by a fine of not more than $200.00.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)

(a)

None.

(Ord. passed 5-18-2017; Ord. 2021-05-02, passed 7-20-2021)