Whitney City Zoning Code
§ 14.02.020 "H
Historic district; historic preservation.
(a)
Definitions.
Alteration.
The introduction of compatible forms, colors, textures, materials, and shapes which harmonize with existing historical districts and landmark characteristics yet relate well through the sensitive use of proportion, scale, and landscaping.
Historic district.
A historic district is defined as an area which has outstanding historical and cultural significance in the state, region, or community, within which the buildings, structures, accessory buildings, fences, or other appurtenances are of basic and vital importance for the development of culture and tourism because of their association with history, including:
(1)
Historic structures, sites, or areas within which the buildings, structures, appurtenances, and places exemplify the cultural, political, economic or social history of the state, region, or community.
(2)
Historic structures, sites or areas that are identified with the lives of historic personages or with important events in state, regional, or local history.
(3)
Structures or areas that embody the distinguishing characteristics of an architectural type specimen as to color, proportion, form, and architectural details.
Historic landmark.
A historic landmark is defined as a place which has outstanding historical and cultural significance in the state, region, or community. The designation historic landmark recognizes that the historic place, or the building(s), structure(s), accessory building(s), fences or other appurtenances at the place, are of basic and vital importance for the preservation of culture and the development of tourism.
Reconstruction.
The reconstruction process involves the recreation of a replica of a building or facility that no longer exists on its original site based on archaeological, historical, documentary, and physical evidence. Both modern construction techniques and traditional methods may be used in a reconstruction project.
Rehabilitation.
This process involves modifications or changes to an existing building. Rehabilitation extends the useful life or utility of the building through repairs or alterations, sometimes major, while the features of the building that contributed to its architectural, cultural, or historical character are preserved.
Relocation.
Relocation as a result from changes in land use and redevelopment programs involves the disassembly, relocation on a different site, and reassembly of a building.
Restoration.
The restoration process involves the careful and meticulous return of a building, usually on its original site, to its appearance at a particular period of time by removal of later work or replacement of missing earlier work.
(b)
Creating historic districts.
(1)
The city council may from time-to-time designate certain areas as historic districts, and define, amend, or eliminate the boundaries of same. Such districts shall bear the word "historic" in their zoning designation and property therein shall continue to bear its use designation as provided in the general zoning provisions of this article.
(2)
Before taking any such action, the council shall submit the same to the city planning and zoning commission for their recommendations and reports. The planning and zoning commission shall give notices, conduct its hearing and make recommendations to the city council in the same manner and according to the same procedures as specifically provided in the general zoning provisions of this article. In like manner, the city council shall give notices, follow the publication procedure, hold hearings, and make its determination in the manner as provided in the general zoning provisions of this article. All procedures and provisions relative to zoning set forth in the general zoning provisions of this article not in conflict with the terms of this section are hereby adopted and made apart hereof.
(c)
Designating historic landmarks.
(1)
The city council may from time-to-time designate certain places in the city as historic landmarks. Such places shall bear the word "historic" in the zoning designation and shall continue to bear their use designations as provided in the general zoning provisions of this article.
(2)
In designating historic landmarks, the city council shall follow the procedures set forth for creating historic districts and section 211.0165, Texas Local Government Code, as amended.
(d)
Uses.
Nothing contained in this section or in the designation of property as being in a historic district or historic landmark shall affect the present legal use of property. Use classifications as to all property which may be included in a historic district or historic landmark shall continue to be governed by the general zoning provisions of this and the procedures therein established. In no case, however, shall any use be permitted which requires the demolition, razing, remodeling, or alteration of any buildings or structures in such a historic district 01' historic landmark so as to adversely affect the character of the district or historic landmark, except upon compliance with the terms of this section. For purposes of clarity in the zoning designation of property, all zoning maps shall reflect property in historic districts or historic landmarks by the inclusion of the "historic" as a prefix to its use designation as specified in accordance with the general zoning provisions of this article. No provisions herein shall be construed as prohibiting a property owner from continuing to use property for a nonconforming use.
(e)
Historic preservation commission created.
(1)
Creation of commission.
There is hereby created a historic preservation commission for historic districts and landmarks, hereinafter called the commission, consisting of seven (7) members. The members thereof shall be appointed by the city council.
(2)
Terms of appointment.
(A)
The term of the first four (4) members appointed shall expire simultaneously with the expiration of the terms of the members of the city council whose terms end in April 1987. The term of the three (3) members appointed shall expire simultaneously with expiration of the terms of the members of the city council, whose terms expire in April 1988.
(B)
Thereafter, all members shall be appointed for terms of two (2) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the commission shall, at the discretion of the city council, render any such member liable to immediate removal from office.
(3)
Qualifications.
To the extent possible, the city council shall appoint members to the commission which have background in architecture, urban design, history, or other related professions.
(4)
Chairman of commission.
The chairman of commission shall be elected by a majority of the members of the commission. The first chairman shall be elected at the beginning of the first meeting held after the members are appointed and each successive chairman shall be elected at the first meeting held after new appointments to the commission are made each.
(5)
Functions of commission.
The commission shall act in an advisory capacity only and shall have no power to bind the city by contract or otherwise. It shall be the function of the commission to advise the building official concerning all applications for permits in the historic districts and historic landmarks.
(f)
Meetings.
The commission shall meet at regular intervals with advance notice posted according to the Texas Open Meeting Law. Additionally, meetings may be called upon request of the chairman, or upon written request of three (3) members, or upon notice from the city secretary that a matter requires the consideration of the commission. Upon the filing of an application for a building permit in a historic district, or application for a building permit in a historic district, or historic landmark, the commission shall hold a hearing within fourteen (14) days after the date of filing of such application. The commission shall take final action on the application within thirty (30) days of the filing of said application. If action thereon is not taken within thirty (30) days after the date of filing of such application, it shall be deemed to have been recommended for approval and a certificate showing the filing date and the failure to take action on the application within thirty (30) day period expires and may be resubmitted at a later time if additional times is required for the preparation of information or for research required by the commission. A majority of the members shall constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance.
(g)
Role of building official.
(1)
Construction, reconstruction, alteration, restoration, or relocation procedure.
(A)
The building official shall not take action upon a permit for any construction, reconstruction, alteration, restoration, or relocation of a building or signs in the historic district or historic landmark until he has received a recommendation from the commission or certificate from the commission showing failure to take action as provided in subsection (f) of this section.
(B)
Upon receipt of an application for a permit in the historic district or historic landmark, the building official shall act in accordance with the procedures presently being followed in that office except as those procedures are necessarily modified by the following requirements:
(i)
He shall forward to the commission a copy of the application for a building permit, together with a copy of the plot plan and the building plans and specifications filed by the applicant.
(ii)
He shall maintain in his office a record of all such applications and of his handling and final disposition of the same, which shall be in addition to and appropriately cross reference to his other records.
(iii)
He shall require applicants to submit a sufficient number of additional copies of material required to be attached to an application for a building permit in compliance with the foregoing.
(2)
Demolition procedure.
Notwithstanding any other provision of this section, any property owner who desires to effect complete demolition of any entire structure on his property theretofore classified pursuant to the terms of this section as, or part of, a historic district or historic landmark, shall give written notice to the building official of his intention to effect such demolition. One hundred twenty (120) days after the giving of such notice, the property owner shall be entitled to receive a permit for such demolition, provided the application complies otherwise with this and the building code.
(3)
Standards to be applied.
The same criteria considered by the commission as set forth in subsection (i) of this section shall be applied by the building official in arriving at his determination as to issuance or denial of the permit.
(h)
Meetings of the commission.
Upon receipt from the building official by the commission of the application for a building permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building or buildings in this historic district or historic landmark, the commission shall schedule a meeting to consider the recommendation which the commission with give to the building official. The person applying for the permit shall be advised of the time and place of said meeting and invited to appear to explain his reasons, therefor. The commission may invite such other persons or group as it desires to attend its meetings. The commission may hold any additional meetings it considers necessary to carry out its responsibilities as enumerated in this section.
(i)
Criteria to be used by commission in determining its recommendation.
(1)
Historic districts.
In determining the recommendation to be presented to the building official concerning the issuing of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or part of any building within the historic district, the commission shall consider the following matters:
(A)
The effect of the proposed change upon the general historic, cultural, and architectural nature of the district.
(B)
The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway.
(C)
The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in the district. The criterion shall not be aesthetic appeal to the commission of the structure or the proposed remodeling but rather its conformity to the general character of the particular historic area involved.
(D)
Signs which are not consistent with the character of the historic district in question shall not be permitted.
(E)
The value of the historic district as an area of unique interest and character shall not be impaired.
(2)
Historic landmarks.
In determining the recommendation to be presented to the building official administration concerning the issuing of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or part of any designated historic landmark, the commission shall consider those considerations which gave rise to the original request for the designation of the place as a historic landmark as well as the following matters:
(A)
The effect of the proposed change upon the general historic, cultural, and architectural nature of the district.
(B)
The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway.
(C)
The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in the district. The criterion shall not be aesthetic appeal to the commission of the structure or the proposed remodeling but rather its conformity to the general character of the particular historic area involved.
(D)
Signs which are not consistent with the character of the historic district in question shall not be permitted.
(E)
The value of the historic district as an area of unique interest and character shall not be impaired.
(j)
Findings of the commission concerning applications for permit.
(1)
If the commission decides to recommend against the granting of a permit* it shall indicate to the applicant the changes in plans and specifications, if any, which in the opinion of the commission, would protect the distinctive historical character of the historic district or historic landmark. The commission shall withhold its report to the building official for a period of five (5) days following its discussion to allow the applicant to decide whether or not to make the suggested changes in his plans and specification. If the applicant determines that he will make the suggested changes, he shall so advise the commission within that time.
(2)
The commission, after the meeting provided for in subsection (h) of this section and after the making of any changes in the plans and specifications as provided in subsection (j)(1) above, shall submit to the building official, in writing, its recommendation concerning the issuance of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition or razing of all or a part of any building within the historic district or historic landmark. The written report shall include the opinion and recommendation of the commission as stated in subsections (G) and (H) below and may include all or any part of the matters stated in subsections (A) through (F) below:
(A)
The exact location of the area or places in which the work is to be done.
(B)
The exterior changes to be made or the exterior character of the structure to be erected.
(C)
A list of surrounding structures with their general exterior characteristics.
(D)
The effect of the proposed change upon the general historic and architectural nature of the district or landmark.
(E)
The appropriateness of exterior architectural features which can be seen from a public street, alley, trail, or walkway.
(F)
The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in a district, or to the general period of construction in a district or landmark.
(G)
The opinion of the commission, including any dissent, as to the appropriateness of the work proposed as it will preserve or destroy the historic aspect and nature of the district or landmark.
(H)
The specific recommendation of the commission.
(k)
Action by the building official.
The recommendation of the commission shall be binding upon the building official, and upon receipt of the report of the commission, the building official shall within ten (10) days notify the applicant in writing of the approval, conditional approval, or disapproval of the application and a copy shall be provided to the commission.
(l)
Appeal from action of commission concerning applications for permits.
An applicant for permit dissatisfied with the action of the commission relating to issuance or denial of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building in the historic district shall have the right of appeal to the city council within fifteen (15) days after receipt of notification of such action. The applicant shall be advised by the city secretary of the time and place of the hearing at which his appeal will be considered and shall have the right to attend and be heard as to his reasons for filing the same[.] In determining whether or not to certify to the appropriateness of the proposed construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or a part of any building within the historic district, the city council shall consider the same factors as the commission set forth in subsection (i) of this section and the report of the commission and any other matters presented at the hearing on the appeal. If the city council disapproves the application by a majority of the members voting, it shall direct the building official not to issue such permit. Such disapproval may indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district.
(m)
Duties of the building official.
Upon receipt of the written disapproval of the city council, the building official shall forthwith so advise the applicant and the commission.
(n)
Reapplication for building permit.
In the case of an application's disapproval by the city council, the application shall not be resubmitted for consideration until one (1) year has elapsed from the date of disapproval unless the indicated changes in the plans and specifications required to meet the conditions for protecting the district or landmark have been incorporated into the reapplication.
(o)
Additional duties of commission.
(1)
The commission shall make an annual report to the city council on the state of historic preservation in the city and shall include in the report a summary of its activities for the past year and a proposed program for the next year.
(2)
The commission shall have the further responsibility of recommending to the city council, planning and zoning commission, the adoption of policies, the sources of funds and designation of districts and landmarks that may further the city's preservation effort.
(3)
The commission shall provide recommendations to the planning and zoning commission and city council concerning the establishment of city policies, approvals of projects, designations of additional historic districts, changes in historic district boundaries, designations of historic landmarks and any other project or efforts which might affect a designated historic landmark or historic district.
(4)
The commission shall, with staff advice and support, determine a suitable emblem for marking buildings, structures, and sites within historic districts and for designated landmarks, both public and private. This emblem shall be submitted for approval to the state historical commission and then recommended for approval to the city council, along with a list of locations and sites and estimates as to cost, for approval by the city council.
(p)
Notification of designation.
Upon passage of any historic district or historic landmark designation ordinance, the city secretary shall send a notice of the fact of the designation to the owner or owners of affected property by mail in accordance with section 211.165, Texas Local Government Code.
(q)
Violations/penalties.
It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate, restore, demolish, raze, or maintain any building, structure, accessory building, fence, or other appurtenance in a historic district or historic landmark in violation of the provisions of this section; and proper city officials, or their duly authorized representatives, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, reconstruction, structural alteration, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal act, conduct, business, or maintenance in and about such premises. Each day such violation continues shall constitute a separate offense.
(r)
Partial tax exemption for historically significant sites.
(1)
Definition.
As used in this subsection (r), "historic site" means a historically significant site in need of tax relief to encourage its preservation. Such phrase does not necessarily mean a historic district or historic landmark as used elsewhere in this section.
(2)
Granting of exemptions.
The city council shall, by ordinance, concurrent with the levy of taxes for each year, approve for partial exemption from ad valorem taxes certain historically significant sites in need of tax relief to encourage their perseverance.
(3)
Partial exemptions.
Historic sites approved for exemption by ordinance pursuant to the provisions of this subsection shall have an exemption of seventy-five percent (75%) of the assessed value of the structure and the land, these exemptions may be applied to both residential and commercial property.
(4)
Application.
For each assessment year for which the owner of property designated a historic site desires such property to be partially tax exempt pursuant to provisions of this subsection, the owner shall file with the historic preservation commission a sworn application, not later than April 1st, setting forth the fact that the requirements of subsection (5) of this subsection concerning the preservation and maintenance of the subject structure were being fully satisfied as of January 1st of the year for which the application for exemption is being sought. Application forms are to be available at the office of the city tax assessor-collector. The application shall affirmatively set forth the owner's authorization for members of the historic preservation commission to visit and inspect the property as well as examine the books and records as necessary to verify whether or not the property was being preserved and maintained as required by subsection (5) of this subsection and to determine what new construction or modification have been completed.
(5)
Certification.
(A)
Upon receipt of the sworn application, the historic preservation commission shall cause and inspection of the historic property to be made and review the books and records as to whether or not the historic property is being preserved and maintained in accordance with this subsection (5) as of January 1st of that year and shall certify the facts to the city tax assessor-collector not later than April 30th, along with the commission's recommendation for approval or disapproval of the application for exemption. The historic preservation commission shall note on the application form any new construction or modification which has been accomplished in accordance with the restrictions placed on the structure by this section.
(B)
The following items shall be used in determining whether a historic site has been maintained in accordance with minimum property, structural, and health standards:
(i)
Any well, cesspool, or cistern shall be securely covered or closed.
(ii)
Dead trees and tree limbs that are reasonably capable of causing injury to a person shall be removed.
(iii)
Any structure or portion of a structure which is vacant shall be securely closed so as to prevent unauthorized entry.
(iv)
Paint or other coatings shall be applied at reasonable intervals so as to protect the exterior surfaces of a structure which are subject to decay.
(v)
The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or refuse.
(vi)
Screens and shutters existing at the time of historic designation or added subsequent thereto shall be maintained in good repair.
(vii)
Broken windows shall be replaced or reglazed.
(viii)
Exterior doors and doorways shall be maintained in good repair and operable conditions.
(ix)
Skirting around the structure, if any, shall be maintained in good repair.
(x)
Porch flooring and supports shall be maintained in a sound condition, capable of bearing an imposed load safely.
(xi)
Railings and handrails of exterior stairs, steps, balconies, porches, and other exterior features shall be maintained in a sound condition so as to afford safely.
(xii)
Rotted exterior wood shall be replaced and repainted.
(xiii)
Broken or partially missing gutters or downspouts shall be replaced or repaired.
(xiv)
Loose bricks or stones in the exterior of a structure shall be reestablished or replaced and all joints weatherproofed by proper maintenance of painting; and
(xv)
Fences and the exterior of accessory buildings shall be maintained in reasonable repair, including painting if applicable.
(6)
Tax assessment of historic sites and determination of the land reasonably necessary for access and use thereof.
(A)
The city tax assessor-collector shall determine that portion of land which is reasonably necessary for access to and use of those historic structures for which applications for approval of exemptions are pending, and shall assess for taxation all such excess land in the same equal and uniform manner as all other taxable properties in the city. The determination of the city tax assessor-collector shall be final with respect to the amount of land reasonably necessary for access to and use of the historic structure for which tax exemption is sought.
(B)
The city tax assessor-collector shall, not later than June 1st of each year or as soon thereafter as is practicable and prior to the levy of taxes for the current year, forward the application for tax exemption to the city council after having indicated there on the assessed values of the historic structure and land necessary for access to and use thereof and the assessed value of the land determined to be in excess of that necessary for access to and use thereof.
(7)
Rendition and assessment of historic sites for ad valorem taxation.
The provisions of this subsection pertaining to partial exemption of historic properties do not change the provision of any other section of the city code pertaining to taxation, and the applicant's properties shall be rendered and assessed in the same manner as any other property in the event the city council elects to disapprove the application for exemption.
(8)
Additional tax.
Each year, during which the historic site is granted a tax exemption pursuant to provisions of this subsection, the tax assessor-collector shall note on his records the assessments which would have been made had the property not qualified for tax exempt status under this subsection. In the event the city council shall determine that it is no longer a historic site due to failure to comply with this subsection, the property shall be subject to an additional tax. The additional tax shall be equal to the difference between the taxes paid or payable, under the provisions of this section, and the amounts of tax which would have been payable for the preceding three (3) years had the land not been approved for tax exemption under this subsection, or for a lesser number of years, if any, during which such land has been exempt. The additional taxes provided by this subsection shall be due and payable at once and if not paid within ninety (90) days thereafter, shall be deemed delinquent and shall be subject to the same penalty and interest as other taxes for each such year.
(s)
Exemptions form provisions of this section.
Ordinary repair or maintenance which does not involve changes in architectural and historic value, style, or general design, color, or appearance is exempt from the provisions of this section.
(Ordinance 2020-12 adopted 7/20/2020; Ordinance 2024-12-01 adopted 12/19/2024)