Post City Zoning Code
Division 2
DH, Historical Preservation and Urban Design Districts
§ 14.02.051 Regulation interpretation.
The regulations set forth in this division, or set forth elsewhere in this article, when referred to in this division, are the regulations in DH districts.
(2002 Code, sec. 152.015)
§ 14.02.052 Purpose.
(a)
The purpose of this district is to provide means by which citizens can initiate action to preserve archeological, historical, cultural and architectural landmarks as part of the heritage of the city. This district provides all standards, rules, regulations and other administrative procedures necessary for its implementation as part of this section.
(b)
It is to be construed in harmony with the purposes and general objectives of this article.
(2002 Code, sec. 152.016)
§ 14.02.053 Definitions.
For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Building official.
The building official shall be the applicable official designated by the city council to fulfill the duties of inspection under this division.
Exterior architectural feature.
The style, design, general arrangement and components of all the outside surfaces of a structure which characterize the landmark or district.
Historic landmark.
Any building, structure, site, area or land of architectural, historical, archeological or cultural structure [significance] of [or] importance or value, as may be designated for preservation by the city council.
Historic landmark district.
The area within the boundaries of a historic landmark plus the lands, structures and architectural features adjacent thereto as may be designated by the city council as being necessarily regulated for the preservation and utilization of that landmark.
(2002 Code, sec. 152.017)
§ 14.02.054 Declaration of policy.
(a)
The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks and historic landmark districts to be a public necessity and required in the interest of the culture, prosperity, education and general welfare of the people.
(b)
The purposes of this division are:
(1)
To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city’s and state’s architectural, archeological, cultural, social, economic, ethnic and political history, and to develop appropriate settings for the landmarks;
(2)
To safeguard the city’s historic and cultural heritage, as embodied and reflected in the historic landmarks by appropriate regulations;
(3)
To stabilize and improve property values in the locations;
(4)
To foster civic pride in the beauty and accomplishments of the past;
(5)
To protect and enhance the city’s attractions to tourists and visitors and provide incidental support and stimulus to business and industry;
(6)
To strengthen the economy of the city; and
(7)
To promote the use of historic landmarks and historic landmark districts for the culture, prosperity, education and general welfare of the people of the city and visitors to the city.
(2002 Code, sec. 152.018)
§ 14.02.055 Designation of historic landmarks and districts.
(a)
The city council may designate buildings, structures and sites in the city as historic landmarks and define, amend and delineate the boundaries thereof. The territory within the boundaries shall also be an historic landmark district, and when necessary for the preservation or utilization of the historic landmark, the city council may extend the historic landmark district into adjoining lands by defining, amending, and delineating new boundaries therefor without having to amend the boundaries of the historic landmark.
(b)
The “design-historic” zoning designation, as indicated by the suffix “DH,” shall apply to all historic landmark districts in addition to their other zoning designations. The design-historic zoning designation shall be indicated on the official zoning maps through the use of a map overlay, which is identified in the map legend. The zoning designation may indicate conditions placed on the property by the city council.
(c)
The zoning ordinance in which any building or structure is designated as a historic landmark shall incorporate by reference photographs, drawings, renderings, written standards or any combination thereof which illustrate the exterior architectural features to be maintained, regulated and preserved.
(d)
The zoning ordinance, in which any territory is designated as a historic landmark district, shall incorporate by reference photographs, drawings, renderings, written standards or any combination thereof which illustrate any architectural feature of nonlandmark buildings or structures or landscape architectural feature to be maintained, regulated and preserved. The photographs, drawings or renderings shall also illustrate the location of any buildings or structure within a historic landmark district, but which are not designated as historic landmarks, and shall include notations for each building or structure identifying its size, use and location. The minimum number of standards, necessary to achieve the objectives of landmarks and districts, shall be required.
(e)
In the event that any standard established for any DH district conflicts with any previously established zoning standards, the DH district standards shall be controlling.
(2002 Code, sec. 152.019)
§ 14.02.056 Criteria for designation.
In making historic landmark designations, the city council shall consider, but shall not be limited to one 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 country;
(2)
Recognition as a recorded Texas historic landmark, a national historic landmark or entry into the National Register of Historic Places;
(3)
Embodiment of distinguishing characteristics of an architectural type of [or] style;
(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 design, detail, materials or craftsmanship which represent a significant architectural or landscape architectural innovation;
(6)
Relationship to other distinctive buildings, sites or areas which are eligible for preservation based on architectural, historic or cultural motif;
(7)
Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural or landscape architectural 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 historical heritage of the city, state or country;
(10)
Location as the site of a significant historic event;
(11)
Identification with a person or persons who significantly contributed to the culture and development of the city and state;
(12)
A building or structure that because of its location has become of value to a neighborhood, community area or the city; and
(13)
Value as an aspect of community sentiment or public pride.
(2002 Code, sec. 152.020)
§ 14.02.057 Historic building designation and review.
(a)
The city council shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as historic landmarks and historic landmark districts.
(b)
Action by the city council.
(1)
The city council may recommend certain buildings, structures, and sites in the city as historic landmarks and historic landmark districts. The city council shall hold a public hearing on all proposed ordinances relating to historic landmarks and historic landmark districts.
(2)
If the city council finds that the buildings, structures, sites, districts, lands or areas recommended for designation as historic landmarks or historic landmark districts cannot be preserved without acquisition, the city manager may recommend to the city council that the fee or a lesser interest of the property in question be acquired by gift, devise, purchase, eminent domain or otherwise pursuant to the charter, and state and federal law.
(3)
Where there are conditions under which the required preservation of a historic landmark or historic landmark district would cause undue hardship on the owner or owners, district changes may be recommended by the planning and zoning commission.
(4)
The designation of a historic landmark or historic landmark district may be amended or removed using the same procedure provided in this article for the original designation.
(5)
A notice of said zoning shall be placed by the secretary of the planning and zoning commission in the deed records of the county for each property designated as a historic landmark or historic landmark district.
(c)
Alterations and changes; certificates of appropriateness; ordinary repair or maintenance; appeal.
(1)
Buildings and other structures as landmarks.
No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a designated historic landmark unless application be made to the planning and zoning commission for a certificate of appropriateness, and such a certificate be granted.
(2)
Nonlandmark buildings and other structures in historic landmark district.
No person or entity shall construct, reconstruct, alter or change any exterior feature of a nonhistoric landmark building or structure that may be located in a designated historic landmark district, unless application be made to the planning and zoning commission, for a certificate of appropriateness and such a certificate be granted; excluded from regulation in this subsection shall be the total demolition and removal of a nonhistoric structure that may be located in a designated historic landmark district.
(3)
Public improvements.
The planning and zoning commission shall recommend to the city council acceptable architectural, landscape architectural and engineering design, for public street and street easement use, including street lighting, street furniture, signs, landscapes, utility facilities such as electric poles and wires, telephone lines, design textures of sidewalks and streets, such as brick, stone and tile and other elements as deemed necessary for enhancement and preservation of the district, before the elements are altered or installed. All city departments and public utilities shall work closely with the city council in the integration of the designs by submitting plans of proposed alterations before any work occurs.
(d)
Procedure regardless of whether a building permit is required.
(1)
An application must be filed with the city secretary when proposing exterior changes or alterations to a designated historic landmark or nonhistoric landmark in a historic district, regardless of whether such exterior changes or alterations require a building permit. The applicant shall submit two copies of all detailed plans, elevations, perspectives, specifications, photographs, renderings and other documents pertaining to the work to the city secretary. The city secretary shall forward a copy to the city’s building official and shall place the application on the next regular city council meeting while complying with the applicable provisions of chapter 551 of the Texas Government Code and any notice provisions required of this section. Any applicant may appear at a regular or special meeting before submitting an application to discuss the proposal subject to the city’s posting requirements. The applicant may consult with the city’s building official during the review of the permit application. The application required herein is in addition to any building permit which may be required and may be a part of applying for a building permit.
(2)
The city council, upon ten days’ written notice to the applicant, shall hold a hearing on the application. Upon review of the application, if the city council finds that proposed work is of a nature which will not adversely affect any designated exterior architectural or historic feature of the designated historic landmark or historic landmark district, and is appropriate and consistent with the spirit and purposes of this division, as submitted or with noted conditions, it shall notify the building official and forward a certificate of appropriateness to the applicant within ten days after the public hearing.
(3)
If the city council finds that the proposed work will adversely affect or destroy any significant exterior architectural feature of any historic landmark or historic landmark district, or is inappropriate or inconsistent with the spirit and purposes of this division, it shall notify the building official that the application has been disapproved and shall, within ten days of the public hearing, notify the applicant in writing of the disapproval. Suggested changes in the application may accompany the notice of disapproval.
(4)
If no action has been taken by the city council within 60 days of original receipt by the city secretary, a certificate of appropriateness shall be deemed issued by the city secretary, and the building official shall so advise the applicant.
(5)
No change shall be made in the application for any building permit after issuance of a certificate of appropriateness without resubmittal to the city council and approval thereof in the same manner as provided above.
(6)
Subject to the appeal provisions of subsection (f), after a decision is reached by the city council denying an application for a certificate of appropriateness, a resubmittal 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 detailing significant changes in conditions or that all changes in the application as recommended by the city council have been met.
(e)
Ordinary repair or maintenance which does not involve changes in architectural or historical value, style or general design is exempt from the provisions of this section.
(f)
Any applicant denied by the city council may, within 30 days after the ruling, appeal in writing to the city council, which, after hearing thereon, may overturn its previous decision. Any vote or appeal overturning a previous council decision requires five votes of the city council, excluding the mayor, in favor of the overturning.
(Ordinance 639 adopted 4/8/14)
§ 14.02.058 Demolition or removal of historic landmarks.
(a)
(1)
If an application is received for demolition or removal of a designated historic landmark, the building official shall immediately forward the application to the city secretary. The city secretary shall forward a copy to the city’s building official and shall place the application on the next regular city council meeting while complying with the applicable provisions of chapter 551 of the Texas Government Code and any notice provisions required of this section. Any applicant may appear at a regular or special meeting before submitting an application to discuss the proposal subject to the city’s posting requirements. The city council shall hold a public hearing on the application within 30 days after the application initially filed with the building official. The applicant shall be given ten days’ written notice of the hearing. The city council shall consider the state of repair of the historic landmark, the reasonableness of the cost of restoration or repair, the existing or potential usefulness, including economic usefulness, the purposes behind preserving the historic landmark, the character of the neighborhood and all other factors it finds appropriate. If the city council determines that in the interest of preserving historical values, and preserving an economically viable building or site, the historic landmark should not be demolished or removed, the secretary shall notify the building official that the application has been disapproved, and the building official shall so advise the applicant within ten days therefrom.
(2)
If the city council determines that the interest of preserving historical values will not be adversely affected by the demolition or removal, or that the interest of preserving historical values can best be served by the removal of a structure to another specified location, it shall issue its certificate of demolition or its certificate of removal, as may be appropriate, to the building official. The building official shall so advise the applicant within ten days therefrom.
(3)
In the event a historic landmark must be demolished and it is not the sole historic landmark in that historic landmark district, the site shall remain a part of that historic landmark district, but shall lose its historic landmark designation.
(b)
If no action has been taken by the city council within 60 days of original receipt by the city secretary of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the city council, and the building official shall so advise the applicant.
(c)
After a decision is reached by the city council denying an application for a certificate of demolition or a certificate of removal, a resubmittal of application for a certificate will not be accepted for additional hearing within a twelve-month period from the date of final decision.
(d)
Any applicant denied by the city council concerning a historic landmark or historic landmark district under the provisions of this section may, within 60 days after the ruling of the city council, appeal to the city council. Following a public hearing to be held within 30 days of the filing of a notice of the appeal with the city secretary, the city council may uphold or overturn its previous decision made pursuant to this section. Any vote to overturn its previous decision shall require five votes of the city council in favor of overturning, excluding the mayor.
(Ordinance 639 adopted 4/8/14)
§ 14.02.059 Permit procedure.
(a)
(1)
Subject to the following conditions, a moratorium shall be enforced during which time no person or entity with or without a building permit, shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature. This moratorium shall be in effect beginning on:
(A)
The date on which any member of the city council directs, in writing to the city secretary, that the building, structure or site within the city be placed upon the agenda for any meeting of the city council, for the purpose of considering or discussing whether or not the same should be designated as a historic landmark or historic landmark district;
(B)
If not dated, the date the agenda is posted in accordance with the provisions of chapter 551 of the Tex. Gov’t Code, as amended.
(2)
This moratorium shall continue in force and effect until the earliest of the following conditions are met:
(A)
A final and binding certificate of appropriateness, removal or demolition, as may be appropriate, has been issued by the city council;
(B)
The city council fails to recommend that some part or all of any property be designated a historic landmark or be included within a historic landmark district within 60 days following the earliest of the above described dates activating this section applicable under the circumstances; or
(C)
A final and binding decision has been made by the city council that no part of any property shall be designated a historic landmark or shall be included within any designated historic landmark district.
(b)
It shall be the duty of the city council to furnish the city secretary with a written order to place a building structure on the agenda as promptly after the preparation thereof as is practicable. The failure to so furnish 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 written order or agenda. In any instance in which any permit may not be required, it shall be the duty of the city council to give notice of any written order or the agenda or the preservation plan or amendment thereof to the owner or owners of any property included within the scope thereof, which notice shall be deemed complete when actually given, orally or in writing, to the owner or owners, or when written notice thereof is deposited in the United States mail, postage prepaid, certified, with return receipt requested, addressed to the owner or owners, whichever event first occurs. No person or entity to whom any permit is issued or who, if no permit is required, commences to construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of any building or structure without actual or constructive notice of any written order of the agenda or preservation plan or amendment thereof, as the case may be, as required by the provisions of this section, may be found guilty of a misdemeanor as in this article provided. Each person or entity shall be amenable to the civil sanctions provided in this article.
(c)
Any permit issued to any person or entity from or after the date of any written order or agenda shall be null, void and of no force or effect until the matter is resolved through the city council pursuant to the provisions herein.
(Ordinance 639 adopted 4/8/14)
§ 14.02.060 Omission of necessary repair.
(a)
A designated historic landmark shall be maintained to ensure the structural soundness of the landmark.
(b)
If the city’s building official finds there are reasonable grounds to believe that any structure which is a designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the housing standards administrator shall notify in writing the owner of record of the designated historic landmark of the fact, and shall otherwise proceed to enforce the building code of the city.
(c)
Structures designated as historic landmarks shall be maintained in a manner consistent with its designation. Specifically, no structure shall be painted in a color or combination of colors that are not consistent with the historical significance of the structure.
(Ordinance 639 adopted 4/8/14)