The city council hereby declares that as a matter of public policy, the protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the city represents the unique confluence of time 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 article is intended to:

1. (1)
   Protect and enhance the landmarks and districts which represent distinctive elements of the city's historic, architectural, and cultural heritage;
2. (2)
   Foster civic pride in the accomplishments of the past;
3. (3)
   Protect and enhance the city's attractiveness to visitors and the support and stimulus to the economy thereby provided;
4. (4)
   Ensure the harmonious, orderly, and efficient growth and development of the city;
5. (5)
   Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city; and
6. (6)
   Encourage stabilization, preservation, restoration, and improvements of such properties and their values.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

No person shall carry out any exterior construction, reconstruction, alteration, restoration, rehabilitation, demolition, or relocation of any historic landmark or any property within an historic preservation district, nor shall any person make any material change to other exterior elements visible from a public right-of-way which will affect the appearance and cohesiveness of any historic landmark or any property within an historic preservation district without receiving approval from the planning and zoning commission. New construction within an historic preservation district or on property designated as an historic landmark, or buildings or structures moved onto a property within an historic preservation district or onto property designated as an historic landmark will be subject to and in accordance with the design guidelines for the city.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Commercial, institutional, and residential structures existing within the historic preservation district, or on property designated as an historic landmark, prior to the effective date of the ordinance from which this article is derived shall not be required to be altered, repaired or modified to meet existing design criteria unless major façade or structural renovations are planned by the property owner. Major façade or structural renovations are defined as changes or renovations to 25 percent or more of any façade of the structure or improvements facing a street.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Approval by the planning and zoning commission shall be guided by the adopted design guidelines for the city. The design guidelines for the city shall be made available at the office of the city secretary.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

New commercial structures or improvements being built in the historic downtown commercial area (i.e., any building with front and/or rear façades facing Liberty, Caroline, Prairie, Maiden, McCown, John Butler, or College Streets, and which are located between State Highway 105 on the south and Clepper Street on the north) will be required to adhere to front (main entrance) setbacks that match immediately adjacent buildings or structures facing the same street. If new commercial structures or improvements are being constructed between existing buildings or structures whose setback lines do not match, the new building or structure's front (main entrance) setback line must match the adjacent building or structure whose front (main entrance) setback line is closest to the street which the adjacent structure or building faces.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

All work performed pursuant to a building permit issued under this article shall conform to any requirements included therein. It shall be the duty of the city building official (or other designated official) to inspect periodically any such work to ensure compliance. In the event work is not being performed in accordance with the approved scope of work, or upon notification of such fact by the planning and zoning commission and verification by the designated official, the official shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic preservation district which does not involve a change in design or outward appearance.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

No owner or person with an interest in real property designated as a landmark or included within an historic preservation district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the planning and zoning commission, produce a detrimental effect upon the character of the historic preservation district as a whole or the life and character of the property itself. Examples of such deterioration include:

1. (1)
   Deterioration of exterior walls or other vertical supports;
2. (2)
   Deterioration of roof or other horizontal members;
3. (3)
   Deterioration of exterior chimneys;
4. (4)
   Deterioration or crumbling of exterior stucco or mortar;
5. (5)
   Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors;
6. (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. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

In addition to the penalties set out under this chapter, the following penalties, which are non-exclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this article:

1. (a)
   Restrictions on future development. If an historic resource, either a landmark or one located within the boundaries of the historic preservation district, is demolished or relocated without proper approval, or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the planning and zoning commission, then the following restrictions, in addition to any other penalties or remedies set forth in this article, shall be applicable to the site where the structure or property was formerly located:

   1. (1)
      No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a permit, for a period of two years after the date of such demolition or removal. The city may file a certificate evidencing a violation of this section in the city's official public records of real property.
   2. (2)
      No permits shall be issued by the city for any curb cuts on the site for a period of two years from and after the date of such demolition or removal.
   3. (3)
      No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of two years from and after the date of such demolition and removal.
   4. (4)
      The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the city building official shall cause to be filed a verified notice thereof in the real property records of the county and such restrictions shall then be binding on future owners of the property.
2. (b)
   Cumulative remedies. The provisions of this section shall apply in addition to other enforcement procedures or penalties which are available at law or in equity, including, but not limited to, those available for adversely affecting historic structures or property under V.T.C.A., Local Government Code § 315.006 and V.T.C.A., Government Code § 442.016 , as the same may be amended from time to time, with injunctive remedies and the like.
3. (c)
   Civil action. As an additional remedy in addition to the penalties stated above, the city attorney or his designee shall have the power to take all necessary civil action to enforce the provisions hereof and to request appropriate legal or equitable remedies or relief.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901