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HomeMy WebLinkAbout06/19/2007-CC-Agenda Packet-Regular�U AGENDA HISTORICAL PRESERVATION COMMISSION TUESDAY9 JUNE 199 2007 7:00 P.M. 201 BOLIVAR STREET 1. Call Meeting to Order. 2, Approval of Minutes. a. Meeting of Apri130, 2007 b. Meeting of May 14, 2007 3. Discuss and Consider Section 28, "H" Historic District and Historic Preservation. 4. Discuss and Consider Boundaries for a Historic District. 5. Discuss and Consider Properties for Historic Designation. 6. Discussion of Proposed Historic District. 7. Possible List of Future Agenda Items. 8. Adjournment. I, the undersigned authority, do heieljyt._c'ert�fy th�t:fhi¢.Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas,aa p�llaJcee conyen' nt and'rei dily accessib' le t'o the general public at all times, and said Notice was posted on the following date and�ine: l / �V c �C �% at �c �f) p.m. and shall remain posted until meeting is adjourned. os lie C havez City Secretar � City of Sanger, Texas �' Il + 0040 000 00 •`. 000 ` :• This notice was removed from the` gfficialrbultgtin`f oaXd� n at by 10`rs�fiiifl&3iiili�lll`1" This facility is wheelchair accessible and accessible parking spaces are accommodations or interpretive services must be made 48 hours prior contact the City Secretary's office at (940) 458-7930 for further information, available. Requests for to this meeting. Please HISTORICAL PRESERVATION COMMISSION MINUTES MONDAY, APRIL 30, 2007 Present: Paul Dwyer, Brian Hutcherson, Russell Martin, Don McClure, Liz Springer, Terri Patton, Patti Walker Staff: Jack Smith, City Manager, Cecile Carson, Director of Economic Development, Tami Taber, Administrative Secretary 1. Call Meeting to Order Since the Commission has not elected a Chairman, the meeting was opened by Cecile Carson, Director of Economic Development. 2. Review of City of Sanger Ordinance The Commission continued the review of the City of Sanger ordinance. Cecile Carson reported on edits directed by the Commission and new edits based on their comments and requests. Members discussed inconsistent language in the function section stating the commission is an advisory board and also stating the board has final authority. The members agreed that tax exemption shall be for historic designated properties, and discussed repairs to structures that were damaged by natural causes. The members will continue the review of the ordinance at the next meeting and consider making a recommendation to the City Council. 3. Discussion of Proposed Historic District Members discussed materials for windows and doors and allowing materials that looked like wood. The members recommended deleting transom from the door section. A discussion was held on creating consistency between the enabling ordinance and the district ordinance regarding meetings being held within 14 days of the application and an appeal made within 14 days by the applicant. Discussion will continue at the next meeting. 4. Election of Chair and Vice -Chair Don McClure was nominated as Chair and Liz Springer as Vice -Chair. Motion carried unanimously. Officers serve for one year. Since the Commission met for the first time in March the terms will extend to July 2008 and July 2009. The members drew numbers for term length: Paul Dwyer-2008, Brian Hutcherson-2008, Russell Mart1n-2008, Don McClure-2009, Liz Springer-2008 , Terri Patton-2009, Patti Walker-2009 5. Review Open Meeting and Open Records Requirements Cecile Carson advised the members about the requirement for training on open meetings and open records. The Attorney General's website is httn://www.oae.state.tx.us. When completed, members should print out the certificate for each training and provide to the City Secretary. 6. Set Next Meeting Date Date for next meeting is scheduled for Monday, May 149 2007. 7. Possible List of Future Agenda Items Continue discussion of ordinances and make a recommendation on the new historic preservation ordinance. Continue discussion on district ordinance. Dan Boutwell from MPRG, Inc. will be invited to the next meeting. MPRG presented information at the April Steering Committee meeting on historic policy for the Comprehensive Master Plan. 8. Adjournment Meeting adjourned. HISTORICAL PRESERVATION COMMISSION MINUTES MONDAY, MAY 149 2007 Members Present: Russell Martin, Don McClure, Liz Springer, Terri Patton Members Absent: Polly Dwyer, Brian Hutcherson Staff: Jack Smith, City Manager, Cecile Carson, Director of Economic Development, Rose Chavez, City Secretary/Asst, City Manager 1. Call Meeting to Order Chairman Don Mc Clure called meeting to order. 2. Annroval of Minutes a. Meeting of March 26, 2007 Liz Springer made a motion to approve minutes. Seconded by Patti Walker. Motion carried. b. Meeting of Apri130, 2007 There was some discussion and these minutes were tabled for the next scheduled meeting. 3. Discuss and Consider making a Recommendation on Cit_v of Saner Historic Preservation Ordinance. Section 28 Discussion with minor corrections were as follows: Page 3 -Item 2. Terms of Appointments Members discussed taking out the statement "the members of the commission shall be identified by place numbers one (1) through seven (7). The even -numbered places shall expires in the even -numbered years; the odd -numbered places shall expire in the odd number years." Page 3 -Item 4 Chairman of Commission The last words of that paragraph take out April and insert July. Page 4 28.3 Meetings Liz Springer indicated that on this section it should match the ordinance on the time line for holding the hearings in the Historic District. Cecile Carson, Economic Development Director advised that the entire document will be submitted to city council on the first meeting in June. She discussed the District would require public hearings and notice to the property owners. Cecile Carson advised that the entire document must be submitted to council for approval. The district will require public hearings. The document will be sent to the City Attorney for approval. Ms. Carson discussed section 28.11 -Exemptions From Provisions of This Section regarding repair or maintenance which does not involve changes in architectural and historical value. Patti Walker moved to forward the document to City Attorney and City Council for approval. Seconded by Terry Patton. Motion carried unanimously. 4. Discussion of Proposed Historic District City Manager discussed the Certificate of Appropriateness Procedure. He indicated the language needs in the ordinance needs to be consistent with the Sanger Historic District. Discussion followed regarding criteria for approval of a certificate of appropriateness, application procedure, maintenance and enforcement. The boundaries to include in the Historic District were discussed. Bolivar Street was discussed as becoming the corridor in the Historic District. Tax exemptions on properties in the Historic Districts were also discussed. Ms. Carson discussed having meeting with property owners to provide the education concerning Historic Districts. Ms Carson discuss process of a preservation officer. Patti Walker requested to have a map of the area that is to be included as the Historic District. 5. Set Next Meeting Date Members schedule next meeting for June 19, 2007. 6. Possible List of Future Agenda Items 7. Adiournment Chairman Don McClure adjourned meeting. SECTION 28 "H" - HISTORIC DISTRICT AND HISTORIC PRESERVATION Declaration of policy 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 culture, prosperity, education and general welfare of the people. The purposes of this article are to: A. 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 such places. B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; C. Stabilize and improve property values in such locations; D. Foster civic pride in the beauty and accomplishments of the past; E. Protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; F. Strengthen the economy of the city; G. Promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors of the city. 28.1 Definitions 1. 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. 2. 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: (a) Historic structures, sites or areas within which the buildings, structures, appurtenances, and places exemplify the cultural, pocal, economic or social history of the state, region, or community. (b) Historic structures, sites or areas that are identified with the lives of historic personages or with important events in state, regional, or local history. (c) Structures or areas that embody the distinguishing characteristics of an architectural type specimen as to color, proportion, form, and architectural details. 3. 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. Draft 6/19/07 1 4. 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 to a reconstruction project. 5. 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. 6. 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. 7. 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. 28.2 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 Members shall serve from July 1 of the year of appointment for staggered terms of two (2) years and may be appointed to successive terms of office. Newly appointed members shall draw for 4 one (1) year terms and 3 two (2) year terms. 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. At least one member shall be the owner of a property eligible for historic landmark designation or within a historic district. Draft 6/19/07 2 4. Chairman of Commission The Chairman of the 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 July. 5. Functions of Commission The Historic Preservation Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks. The Commission shall act in an advisory capacity on all historic matters that come before the city. 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. Additional Duties: 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 and 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 Texas 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. 28.3 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 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) days shall be issued by the Commission on demand. The applicant may withdraw the application before the thirty (30) day period expires Draft 6/19/07 3 and may resubmit it at a later time if additional time is required for the preparation of information or for research required by the Commission. 28.4 Majority and Voting Requirements A majority of the members shall be 5 to constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance. 28.5 Criteria To Be Used By Commission In Determining Its Recommendation for designation The City Council may from time to time designate certain places in the city as historic landmarks. The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the city council designates as historic landmarks. Such designation shall be in addition to any other use designation established in this chapter. The zoning map shall reflect the designation of an historic landmark by the letter "H" as a suffix to any other use designation established by this chapter 1. Designation A. In designating historic landmarks, the City Council shall follow these procedures with recommendation by the Historic Preservation Commission and Planning and Zoning Commission. In making the designations, the city council shall consider but shall not be limited to one (1) 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 the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 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 architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 5. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan 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 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 United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13. Value as an aspect of community sentiment or public pride. Draft 6/19/07 4 B. Hearings and Notice 1. The city planning and zoning commission shall hold public hearings as provided for in V.T.C.A., Local Government Code § 211.007 to consider any historic landmark designation ordinance after receiving a recommendation from the historic preservation commission. The notices provided for in V.T.C.A., Local Government Code § 211.007 shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in such article. 2. Within thirty (30) days after the hearing, the city 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 its recommendation concerning the proposed ordinance to the city council along with the recommendation of the commission. 3. Any notice required to be given under this Subchapter, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for city taxes as the ownership appears on the last approved city tax roll. 4. 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. 28.6 Existing 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 or historic landmark so as to adversely affect the character of the district or historic landmark, except upon compliance with the terms of this Section. 28.7 Role of Building Official 1. Construction, Reconstruction. Alteration, Restoration, or Relocation Procedure 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 28.6 of this Section. 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. Draft 6/19/07 5 (a) Building Official 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. (b) Building Official 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- referenced to his other records. (c) Building Official 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 28.9 of this Section shall be applied by the Building Official in arriving at his determination as to issuance or denial of the permit. 4. 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 the 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. Draft 6/19/07 6 (e) The value of the historic district as an area of unique interest and character shall not be impaired. 5. 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 historic, architectural, or cultural nature of the landmark. (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 site and the similarity, contrast, or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. (d) Signs which are not consistent with the character of the historic landmark shall not be permitted. (e) The value of the historic landmark as a place of unique interest or character shall not be impaired. 28.8 Findings Of The Commission Concerning Application 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 specifications. If the applicant determines that he will make the suggested changes, he shall so advise the Commission within that time. Z. The Commission, after the meeting provided for in Subsection 28.8 of this Section and after the making of any changes in the plans and specifications as provided in paragraph (1) of Subsection 28.10 of this Section, 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 subparagraphs (g) and (h) of this paragraph and may include all or any part of the matters stated in subparagraphs (a) through (f) of this paragraph. (a) The exact location of the area or place in which the work is to be done. Draft 6/19/07 7 (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. 3. 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 therefore. The Commission may invite such other persons or groups 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. 4. 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. 5. 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 Draft 6/19/07 8 Commission set forth in Subsection 28.9 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. 6. 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. 7. 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. 28.9 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, remodeling, renovation, restoration, relocation, demolition, 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. 28.10 Partial Tax Exemption For Historically Designated �t Sites 1. Definition - As used in this subsection, "Historic Site" means a property designated as a historic landmark or within a historic district in need of tax relief to encourage its preservation. 2. Granting of Exemption -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 preservation. 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 maybe 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 1, setting forth the fact that the requirements of paragraph (5) of this subsection concerning the preservation and maintenance of the subject structure were being fully satisfied as of January Draft 6/19/07 9 1 of the year for which 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 historic property as well as examine the books and records as necessary to certify whether or not the property was being preserved and maintained as required by paragraph (5) of this subsection and to determine what new construction or modifications have been completed. 5. Certification -Upon receipt of the sworn application, the Historic Preservation Commission shall cause an 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 paragraph (5) as of January 1 of that year and shall certify the facts to the City Tax Assessor - Collector not later than April 30, 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. The following items shall be used in determining whether a Historic Site has been maintained in accordance with minimum property, structural, and health standards: (a) Any well, cesspool, or cistern shall be securely covered or closed; (b) Dead trees and tree limbs that are reasonably capable of causing injury to a person shall be removed; (c) Any structure or portion of a structure which is vacant shall be securely closed so as to prevent unauthorized entry; (d) 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; (e) The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or refuse; (f) Screens and shutters existing at the time of historic designation or added subsequent thereto shall be maintained in good repair; (g) Broken windows shall be replaced or reglazed; (h) Exterior doors and doorways shall be maintained in good repair and operable condition; (i) Skirting around the structure, if any, shall be maintained in good repair; (j) Porch flooring and supports shall be maintained in a sound condition, capable of bearing an imposed load safely; (k) Railings and handrails of exterior stairs, steps, balconies, porches and other exterior features shall be maintained in a sound condition so as to afford safety; (1) Rotted exterior wood shall be replaced and repainted; Draft 6/19/07 10 (m) Broken or partially missing gutters or downspouts shall be replaced or repaired. (n) 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 (o) Fences and the exteriors 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 - 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. The City Tax Assessor -Collector shall, not later than June 1 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 thereon 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 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 difference between the taxes paid or payable, under the provisions of this section, and the amount 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. 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. 28.11 Exemptions From Provisions Of This Section Ordinary repair or maintenance, including minor damage such as a broken window caused by natural causes or accidents, 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. Draft 6/19/07 11 ORDINANCE AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY REPEALING AND REPLACING THE EXISTING SECTION 28 "H" HISTORIC DISTRICT AND HISTORIC PRESERVATION, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($29000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due notice of a hearing was made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly convened and conducted a public hearing for the purpose of considering a change to the zoning ordinance; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at an open meeting, with proper notice given; Now Therefore, BE TT ORDAINED BY THE CITY COUNCH., OF THE CITY OF SANGER, TEXAS: Section 1. That Section 28 of the Comprehensive Zoning Ordinance of the City of Sanger, Texas, is hereby repealed and replaced with a new Section 28 to read as follows: "SECTION 28 "H" -HISTORIC DISTRICT AND HISTORIC PRESERVATION Declaration of policy 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 culture, prosperity, education and general welfare of the people. The purposes of this article are to: A. 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 such places. B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; C. Stabilize and improve property values in such locations; D. Foster civic pride in the beauty and accomplishments of the past; E. Protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; F. Strengthen the economy of the city; G. Promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors of the city. 28.1 Definitions 1. 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. 2. 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: (a) 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. (b) Historic structures, sites or areas that are identified with the lives of historic personages or with important events in state, regional, or local history. (c) Structures or areas that embody the distinguishing characteristics of an architectural type specimen as to color, proportion, form, and architectural details. 3. 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 buildings), fences or other appurtenances at the place, are of basic and vital importance for the preservation of culture and the development of tourism. 4. 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 to a reconstruction project. 5. Rehabilitation: This process involves mocations 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. 6. 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. 7. 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. 28.2 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 Members shall serve from July 1 of the year of appointment for staggered terms of two (2) years and maybe appointed to successive terms of office. Newly appointed members shall draw for 4 one (1) year terms and 3 two (2) year terms. 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. At least one member shall be the owner of a property eligible for historic landmark designation or within a historic district. 4. Chairman of Commission The Chairman of the 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 July. 5. Functions of Commission The Historic Preservation Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks. The Commission shall act in an advisory capacity on all historic matters that come before the city. 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. Additional Duties: 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 and 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 Texas 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. 28.3 Meetings The Commission shall meet at regular intervals with advance notice posted according to the Texas Open Meeting Law. Additionally, meetings maybe 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 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) days shall be issued by the Commission on demand. The applicant may withdraw the application before the thirty (30) day period expires and may resubmit it at a later time if additional time is required for the preparation of information or for research required by the Commission. 28.4 Majority and Voting Requirements A majority of the members shall be 5 to constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance. 28.5 Criteria to be used by Commission in determining its recommendation for Designation The City Council may from time to time designate certain places in the city as historic landmarks. The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the city council designates as historic landmarks. Such designation shall be in addition to any other use designation established in this chapter. The zoning map shall reflect the designation of an historic landmark by the letter "H" as a suffix to any other use designation established by this chapter 1. Designation A. In designating historic landmarks, the City Council shall follow these procedures with recommendation by the Historic Preservation Commission and Planning and Zoning Commission. In making the designations, the city council shall consider but shall not be limited to one (1) 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 the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 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 architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan 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 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 United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13. Value as an aspect of community sentiment or public pride. B. Hearings and Notice 1. The city planning and zoning commission shall hold public hearings as provided for in V.T.C.A., Local Government Code § 211.007 to consider any historic landmark designation ordinance after receiving a recommendation from the historic preservation commission. The notices provided for in V.T.C.A., Local Government Code § 211.007 shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in such article. 2. Within thirty (30) days after the hearing, the city 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 its recommendation concerning the proposed ordinance to the city council along with the recommendation of the commission. 3. Any notice required to be given under this Subchapter, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for city taxes as the ownership appears on the last approved city tax roll. 4. 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. 28.6 Existing 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 or historic landmark so as to adversely affect the character of the district or historic landmark, except upon compliance with the terms of this Section. 28.7 Role of Building Official 1. Construction, Reconstruction. Alteration, Restoration, or Relocation Procedure 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 28.6 of this Section. 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: (a) Building Official 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 Bled by the applicant. (b) Bung Official 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- referenced to his other records. (c) Building Official 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 28.9 of this Section shall be applied by the Building Official in arriving at his determination as to issuance or denial of the permit. 4. 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 the 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. 5. 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 historic, architectural, or cultural nature of the landmark. (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 site and the similarity, contrast, or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. (d) Signs which are not consistent with the character of the historic landmark shall not be permitted. (e) The value of the historic landmark as a place of unique interest or character shall not be impaired. 28.8 Findings of the Commission Concerning Application for Permit l . 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 specifications. If the applicant determines that he will make the suggested changes, he shall so advise the Commission within that time. I The Commission, after the meeting provided for in Subsection 28.8 of this Section and after the making of any changes in the plans and specifications as provided in paragraph (1) of Subsection 28.10 of this Section, 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 subparagraphs (g) and (h) of this paragraph and may include all or any part of the matters stated in subparagraphs (a) through (f) of this paragraph. (a) The exact location of the area or place 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. 3. 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 therefore. The Commission may invite such other persons or groups 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. 4. 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 shall provide a copy to the Commission. 5. Appeal from action of the 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 28.9 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. 6. 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. 7. 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. 28.9 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, remodeling, renovation, restoration, relocation, demolition, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any iRegal act, conduct, business, or maintenance in and about such premises. Each day such violation continues shall constitute a separate offense. 28.10 Partial Tax Exemption for Historically Designated Sites 1. Definition - As used in this subsection, "Historic Site" means a property designated as a historic landmark or within a historic district in need of tax relief to encourage its preservation. 2. Granting of Exemption -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 preservation. 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 1, setting forth the fact that the requirements of paragraph (5) of this subsection concerning the preservation and maintenance of the subject structure were being fully satisfied as of January 1 of the year for which 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 historic property as well as examine the books and records as necessary to certify whether or not the property was being preserved and maintained as required by paragraph (5) of this subsection and to determine what new construction or modifications have been completed. 5. Certification -Upon receipt of the sworn application, the Historic Preservation Commission shall cause an 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 paragraph (5) as of January 1 of that year and shall certify the facts to the City Tax Assessor - Collector not later than April 30, 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. The following items shall be used in determining whether a Historic Site has been maintained in accordance with minimum property, structural, and health standards: (a) Any well, cesspool, or cistern shall be securely covered or closed; (b) Dead trees and tree limbs that are reasonably capable of causing injury to a person shall be removed; (c) Any structure or portion of a structure which is vacant shall be securely closed so as to prevent unauthorized entry; (d) 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; (e) The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or refuse; (f) Screens and shutters existing at the time of historic designation or added subsequent thereto shall be maintained in good repair; (g) Broken windows shall be replaced or reglazed; (h) Exterior doors and doorways shall be maintained in good repair and operable condition; (i) Skirting around the structure, if any, shall be maintained in good repair; (j) Porch flooring and supports shall be maintained in a sound condition, capable of bearing an imposed load safely; (k) Railings and handrails of exterior stairs, steps, balconies, porches and other exterior features shall be maintained in a sound condition so as to afford safety; (1) Rotted exterior wood shall be replaced and repainted; (m) Broken or partially missing gutters or downspouts shall be replaced or repaired. (n) 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 (o) Fences and the exteriors 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 - 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. The City Tax Assessor -Collector shall, not later than June 1 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 thereon 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 far 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 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 difference between the taxes paid or payable, under the provisions of this section, and the amount 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. 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. 28.11 Exemptions from Provisions of this Section Ordinary repair or maintenance, including minor damage such as a broken window caused by natural causes or accidents, 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." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance, or the Comprehensive Zoning Ordinance as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,AAA .00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of 2007. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: City Attorney (RLD/644-07/17545) AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY REPEALING AND REPLACING THE EXISTING SECTION 28 "H" HISTORIC DISTRICT AND HISTORIC PRESERVATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABH,TTY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($29000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. Duly passed by the City Council of the City of Sanger, Texas, on the day of 2007. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary j I I_� N 6TH So f IN I L'�:dL Pi AILF.._AD�VE 1� 111,111 11�.1 H_ 1� iillN 1L51 HLLIA NI I i t i ir NII IN 4 i I - '� ! _ ..,K_...__ ,. ` 1Sm- ► IN - _ i . 0mats S N NN IN IN IINNI I I - - - DOWNTOWN SANGER HISTORIC DISTRICT WHEREAS, CH.221 TEXAS LOCAL GOVERNMENT CODE, the Municipal Zoning Authority, specifically authorizes zoning functions and procedures for municipalities; and WHEREAS, CH.221 TEXAS LOCAL GOVERNMENT CODE, Section 211.005 authorizes the governing body of a municipality to divide the municipality into districts, within which the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land and within which zoning regulation must be uniform for each class or kind of building in a district; however, zoning regulations may vary from district to district. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER That the following Historic Landmark and District Zoning Ordinance is hereby adopted as part of the comprehensive zoning plan, pursuant to CH.211 TEXAS LOCAL GOVERNMENT CODE. Section 1. Purpose The City Council of Sanger hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks or district 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 Downtown 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 act is intended to: (a) protect and enhance the landmarks and districts which represent distinctive elements of Sanger's historic, architectural, and cultural heritage; (b) foster civic pride in the accomplishments of the past; (c) protect and enhance Sanger's attractiveness to visitors and the support and stimulus to the economy thereby provided; AN insure the harmonious, orderly, and efficient growth and development of the city; (e) promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the village/town/city; (f) encourage stabilization, restoration, and improvements of such properties and their values. Section 2. Definitions and Designations The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commission means the historic preservation commission authorized and appointed in accordance with Section 28.5. District means the area encompassed in the Downtown Sanger Historic District. The District is designated by ordinance within defined boundaries that includes a significant concentration of historical buildings and adjacent property which would have a direct impact on the historic buildings within the district. The properties located within the district are identified on the map attached as Exhibit A. Draft 6/19/07 1 DOWNTOWN SANGER HISTORIC DISTRICT Section J. Applicability/Conflicts with Other Provisions A. Other regulations applicable to the Downtown Sanger Historic District as contained in any other section of this chapter or Code shall continue to apply to the district, except as specifically modified in this subsection. B. If any provision of this subsection conflicts with any other provision of this Code, the provisions of this subsection shall govern and control. C. Where any provision of this subsection modifies any provision of any other ordinance applicable to the district, the words used in this subsection shall have the meaning as defined in the provisions of the ordinance modified, unless the definition is otherwise provided for in this subsection. Section 4. Certificate of Appropriateness Certificate of Appropriateness is required for work that has the potential to chance the character of a structure or a group of structures in a historic district. A Certificate of Appropriateness is not required for routine maintenance. Routine maintenance does not chance the character of a structure or a Group of structures in a historic district. Routine maintenance includes, but may not be limited to, painting alreadv painted surfaces in -kind, replacing rotted or damaaed siding. or roofing with in -kind materials, replacina or repairing broken fixtures or hardware in -kind. A. It shall be unlawful for any person to do or to allow or cause any other person to do any of the following acts on any property located within the Downtown Sanger Historic District without first applying for and receiving a certificate of appropriateness from the Historic Preservation Commission: 1. Constructing a new building or making an addition to an existing building; 2. Reconstructing, altering, changing or restoring the exterior fapade of any existing building; 3. Placing or locating any building; 4. Performing any act for which a certificate of appropriateness is required by this article. 5. Constructing or erecting a fence, wall sign or other permanent improvement which is subject to regulation by this subsection. 6. Altering in anyway sidewalks, steps, paving or exterior elements visible from the public right- of-way B. Any construction, alteration or improvement made on any property within the district which would not require a certificate of appropriateness by reason of it not being visible from any public street as provided in this article shall be submitted to the commission prior to the beginning of the work for its determination of whether the improvement would be visible from a public street. Section 5. Criteria for Approval of a Certificate of Appropriateness In considering an application for a certificate of appropriateness, the Commission shall be guided by any adopted design guideline, and where applicable, the following from The Secretary of the Interior s Standards for Rehabilitation of Historic Buildings. Any adopted design guideline and Secretary of the Interior s Standards shall be made available to the property owners of historic landmarks or within historic districts. A. 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. Draft 6/19/07 2 DOWNTOWN SANGER HISTORIC DISTRICT B. The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. C. 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 and earlier appearance shall be discouraged. D. 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. E. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. F. 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 duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements form other buildings or structures. G. 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 only be undertaken with guidance from the Commission and/or historic preservationists. H. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project. I. 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. J. Whenever 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. Section 6. Certification of Appropriateness Application Procedure A. Prior to the commencement of any work requiring a certificate of appropriateness the owner shall file and application for such a certificate with the Commission. The application shall contain: (i) Name, address, telephone number and email of applicant, detailed description of proposed work. (ii) Location and photograph of the property and adjacent properties. (iii) Elevation drawings of the proposed changes, if available. (iv) Samples of materials to be used. Draft 6/19/07 3 DOWNTOWN SANGER HISTORIC DISTRICT (v) If the proposal includes signs or lettering, a scale 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. (vi) Any other information which the Commission may deem necessary I order to visualize the proposed work. B. No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Sanger. D. All decisions of the Commission shall be in writing. The Commission s decision shall state its findings pertaining to the approval, denial, 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 appropriated departments, e.g., building inspection. E. An applicant for a certificate of appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a certificate of appropriateness shall have the right to appeal to the City Council within fourteen (14) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. Section 7. Certificate of Appropriateness Required for Demolition A permit for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the building official or other city official without the review of a completed application for a certificate of appropriateness by the Commission, as provided for in the ordinance. Section 8. Maintenance Required No owner or person with an interest in real property designated as a landmark or included within a historic 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 Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: (a) Deterioration of exterior walls or other vertical supports. (b) Deterioration of roof or other horizontal members. (c) Deterioration or crumbling of exterior stucco or mortar. (d) Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. (e) 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. Draft 6/19/07 4 DOWNTOWN SANGER HISTORIC DISTRICT Section U. Architectural standards for structures. All buildings within the Downtown Sanger Historic District shall be architecturally complementary to and compatible with one another. Specific elements that shall be examined in terms of this requirement include: building materials; color; the incorporation of windows, and unique architectural elements; and, overall style and symmetry. Compliance with the requirements of this section shall be a condition of issuance of a certificate of appropriateness. The following criteria shall be used by the historic preservation commission to determine the appropriateness of an application for the erection, construction, reconstruction, remodeling, exterior alteration or restoration of building or structure; and construction shall meet all other applicable codes of the City of Sanger: A. Main building. Main buildings must be compatible in scale with structures existing in the district featuring 1880's-1920's design. B. Accessory buildings. Accessory buildings which are visible from any public street or alley must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. C. Architectural detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. D. Chimneys. All chimneys must be compatible with the style of the proposed building. Chimneys must be constructed of brick, stone or other materials compatible in texture, color and style with the main building. E. Awnings. Awnings must be typical of any proposed structure and the character of the main building and that all awnings are maintained intact, clean and in good condition. Awnings and canopies shall be of a consistent pattern, size, shape, material and shall be consistent or complementary to construction of the building and approved by the commission. Corrugated plastic awnings are not permitted if visible from any pubic street or alley, as determined by the commission. F. Building placement. All buildings must be placed so as to not adversely affect the rhythm of spaces between buildings on the block. G. Height. The maximum height of structures on property located within the Downtown Sanger Historic District shall not exceed 45 feet, or three (3) stories. All heights shall be measured from the average elevation of the area to be covered by the building and no more than three feet above the street level. H. Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing building. I. Color. 1. Certain colors prohibited. Fluorescent, metallic colors are not permitted on the exterior of any structure in the district. Draft 6/ 19/07 5 2. Dominant and trim colors. All structures must have a dominant color which shall not be of vivid saturation. The colors of a structure must be complementary to each other and the overall character of the main building. 3. Gutters and downspouts. Gutters and downspouts must be of a color that matches or complements the color scheme of the main building. 4. Roof colors. Roof colors must complement the style and overall color scheme of the structure. 5. Masonry and brick surfaces. Masonry and brick surfaces not previously painted must not be painted unless it is determined that: a. The painting is absolutely necessary to restore or preserve the masonry or brick; or b. The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface. 6. Stain. The use and color of stain must be typical of the style and period of the structure. J. Facade construction materials. 1. All commercial retail buildings shall be clay masonry or a combination of clay masonry, Austin stone, limestone, cast stone, or other masonry material of similar quality and appearance. All structures shall be constructed with a minimum of 85% percent masonry or stone coverage, exclusive of windows and doors. 2. Existing wood facades must be preserved as wood facades. K. Front Entrances 1. Detailing. Railings, moldings, the work, carvings, and other detailing and architectural decorations must be typical of the style and period of the main building. 2. Enclosures. A front entrance or porch may not be enclosed with any material, including iron bars, glass, or mesh screening. 3. Facade openings. Porches must not obscure or conceal any fagade openings in the main buildings. 4. Floor coverings. Carpeting is not permitted as a porch floor or step covering. 5. Style. Each proposed main building must have a front porch or entry treatment with a shape, roof form, materials and colors that are typical of the style of the proposed main building. A front entry or porch must reflect the dominant horizontal and vertical characteristics of the proposed main building. L. Roof Forms. 1. Material and colors. Roof material and colors must complement the style and overall color scheme of the structure. 2. Patterns. Roof patterns must be typical of the style and period of the main building. Draft 6/19/07 6 DOWNTOWN SANGER HISTORIC DISTRICT 3. Slope and pitch. The degree and direction of the roof slope and pitch must be typical of the style and period and compatible with adjacent buildings. 4. Skylights and solar panels. The commission may allow skylights and solar panels on a building if their placement does not have an adverse effect on the architecture of a building or the district as a whole. M. Windows and Doors. 1. Front fagade openings. The location and size of windows and doors in proposed facades must be compatible in scale with the typical style and period of the main building. 2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening. It is recommended that glass should be typically of the period but reproduction period glass is not required 3. Screen, storm doors and storm windows. Screens, storm doors, and storm windows may be permitted if: a. Their frames are painted to match or complement the color scheme of the main building; and b. They do not obscure significant features of the windows and doors they cover. 4. Security and ornamental bars. Security and ornamental bars are only permitted on the exterior of an accessory building, the rear fagade of the main building and the interior of the building. 5. Shutters. Shutters must be typical of the style of the proposed main building and appear to be installed in a manner to perform their intended functions. 6. Style. All windows and doors in the front fagade of the main building must be proportionally balanced in a manner typical of the style and period of the building. 7. Size. The size and proportion of window and door openings located on the front and sides of the main building must be typical of the style and period of the main building. 8. Frames. The frames of the windows must be trimmed in a manner typical of the style and period of the building. 9. Openings. All windows, doors, and lights in the front and side facades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door. 10. Nonresidential buildings shall have windows consistent with construction of 1880's to 1920's era commercial design. Total window area not to exceed forty percent (40%) of the front fagade. 11. Each main or principal door of a nonresidential building shall an appearance typical to the period of the building -have o *:-o^c^mew. All doors shall be of wood construction or a material that looks We the appearance of wood, with or without glass, with the design and proportions of the panels and/or glass typical to the period of the building. Draft 6/19/07 7 DOWNTOWN SANGER HISTORIC DISTRICT N. Lighting. Decorative lighting fixtures shall be of consistent and compatible with the style and period %J the main building and not obscure or conflict with significant architectural details of the building. Standards, poles and fixtures shall be a single color, compatible with the architecture of the building. Lighting may used to highlight landscape elements, building entrances or other architectural elements such as fountains or sculptures. Section 10. Fences and Screening A. Construction. The top edge of a fence must be along a line that is either horizontal or substantially parallel to grade. The maximum permitted height for a fence shall be eight (8) feet. A fence must be constructed of one (1) or more of the following materials: cast metal, wrought iron, wood, stone, brick, patterned concrete, or stucco. Exposed concrete blocks are not permitted. The color, texture, pattern, and dimensions of masonry columns or bases must match the masonry and mortar joints of the main building as nearly as practicable. B. Color and style. Fence must be of a color, style, and material which is compatible to the main building and with the adjacent buildings. C. Wooden fences. 1. The side of a wooden fence facing a public street must be the finished side. 2. Wooden fences may be painted or stained a color that is complimentary to the main building. D. Ground -mounted mechanical equipment. Mechanical equipment (HVAC, etc.), satellite dishes, and other mechanical equipment located on the ground shall be screened from public rights -of -way and adjacent buildings with an appropriately designed screening. E. Roof -mounted mechanical equipment. Roof- mounted mechanical equipment shall be screened from public rights -of -way and adjacent buildings with a wall or other architectural extension screening equal in height to the unit(s), except when the unit height exceeds five (5) feet. When the height does exceed five (5) feet, the roof -mounted mechanical equipment shall be setback from the edge of the roof at a ratio of one horizontal foot (1) for every one foot (1) of vertical height by which the equipment exceeds five feet (5). F. Trash receptacle screening. Trash receptacles, shall be screened from public rights -of -way with an appropriately designed screening. Openings for access to the trash receptacle area shall be equipped with gates capable of screening the area from public rights -of -way when closed; such gates shall remain closed when the area is not in use. This provision shall not be applicable to decorative trash receptacles placed on public right-of-way by use by pedestrians. G. Outside storage. Outside storage, meaning the permanent keeping, displaying, or storing, outside a building, of any finished or unfinished goods, material, merchandise, or equipment, including building and hardware materials shall be screened from public rights -of -way, public areas on -site, residential uses and residential zoning districts with an appropriately designed screening that is affixed and adjacent to the primary on -site structure. Such outside storage materials shall not be stacked at a height higher than the height of the screening wall/fence. Openings for access to the outside storage area shall be equipped with gates capable of screening the area from public rights -of -way, residential uses and residential zoning districts when closed; such gates shall remain closed when the area is not in use. The total area utilized for the purpose of outside storage shall not exceed ten percent (10%) of the primary structure Draft 6/19/07 8 DOWNTOWN SANGER HISTORIC DISTRICT onsite. This provision does not apply to occasional sidewalk sales held as a cooperative promotion for the downtown area. H. Maintenance. Fences must be maintained in a vertical position. The fence must remain in good condition with no deterioration visible from public right-of-way or public areas within the building. Section 11. Signs Signage for all properties located within the Downtown Sanger Historic District shall comply with the Sanger Zoning Ordinance, except as specified below. Compliance with the requirements of this section shall be a condition of certificate of appropriateness approval. Stake, ground, projecting, and wall signs are permitted. Roof, portable, and off -premises signs are prohibited, except for wind device signs used as ground or projecting signs as specifically permitted in this section. A. Relationship to the development. All signs shall be complementary to and compatible with the adjacent and surrounding development. B. Awnings and Windows. Signs shall be prohibited on awnings (roof like shelters that provide protection from the sun or rain) and canopies (an awning stretching from a door to a curb or a roof -like projection or covering). A sign may be permanently painted on the window of a structure within the Downtown Sanger Historic District. C. Changeable message signs. Signs with changeable messages are prohibited. D. Attached wall signs. Attached wall signs to buildings are permitted and shall not exceed one (1) sign per tenant space per street frontage. Illumination of wall signs shall be determined by the commission. 1. All attached signs shall be limited to a maximum size of 200 square feet or ten percent (10%) of the total building fagade area, whichever is less. 2. All attached signs shall be limited to ten feet in height on the main structure and no towers or extensions may be built in order to increase the height. 3. Multi -tenant signs, office. In multi -tenant office buildings, nameplates indicating only the name and suite number of tenants are allowed. Such nameplates shall not exceed six (6) square feet in area. E. Billboards. Billboards are expressly prohibited. F. Wind device signs. No wind device signs are permitted in the district, except that one (1) national, one (1) state and one (1) registered corporate logo flag may be displayed on any one (1) premise as a ground sign, wall sign, or projecting sign. If a flag is displayed as a ground sign or projecting sign, the setback requirements shall apply so that no sidewalk is obstructed. A corporate logo flag may only be displayed on a premise owned or controlled by the corporation. No flag shall have a dimension, as to any one (1) side, which is greater than six (6) feet. This provision does not apply to banners placed on the light poles for promotion of the downtown area. Draft 6/19/07 9 DOWNTOWN SANGER HISTORIC DISTRICT G. Portable signs. Portable signs, meaning a sign with or without wheels, that is designed to move from one location to another are expressly prohibited. An exception may be made by the City Council for special events to allow sandwich type boards for short-term events. H. Approval procedure for signs. No new signs shall be constructed or located and no existing sign shall be altered, until a certificate of appropriateness is issued by the historic preservation commission in accordance with the procedure applicable to alterations or changes of the exterior architectural features of buildings, as provided for in this ordinance. The Commission shall take action within fourteen (14) days. Section 12. Parking Required parking and loading standards for property located within the Downtown Sanger Historic District shall comply with Section 32 of Sanger Zoning Ordinance, except as specified below: A. Location. All off-street parking spaces for any building used as amulti-family dwelling or for a nonresidential use shall be located between the building fronting the public street and the rear property line. B. Design. All parking shall be designed and located so as not to obstruct the passage of vehicles including emergency, delivery and service vehicles. C. Off Street Parking. No off street parking shall be required for new construction within the Downtown Sanger Historic District boundaries, although all efforts should be made to provide off street parking equal to 1 space per 200 square feet of gross floor area. Section 13. Outside Display A. Outside temporary display areas, which are identified as placing goods outside for display or sale, shall not encroach upon any required parking areas and shall not obstruct the free flow of pedestrians. Sidewalk sales are limited to occasional sales of not more than three consecutive days no more than 4 times per year. B. The total area utilized for the purpose of outside temporary display shall not exceed 200 square feet. Larger areas utilized for the purpose of outside display may be approved by a majority of the City Council for special events being held in the area. Section 14. Land Use Exceptions A. Uses with drive -through and drive-in facilities shall not be allowed within the Downtown Sanger Historic District. B. Office and residential uses shall be permitted to locate within the upper floor areas of multi- story retail uses throughout this district. C. New Loading/unloading areas (i.e., areas used principally for the delivery and/or loading of materials) shall be located at the side or rear of the primary structure. Section 15. Exemptions From Provisions Of This Section Draft 6/19/07 I0 DOWNTOWN SANGER HISTORIC DISTRICT Ordinary repair or maintenance, including minor damage such as a broken window caused by natural causes or accidents, 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. Section 160 Enforcement All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any requirements included therein. It shall be the duty of the building official or other official) to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Commission and verification by the (designated employee), the (designated )mployee) 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 is in effect. Section 17. Penalties Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable for a misdemeanor charge, and be subject to a fine of not less than $500 nor more than $2,000 for each day the violation continues. Draft 6/19/07 I I Denton Certificate of Appropriateness A. The following lists the steps required to obtain a Certificate of Appropriateness: 1. The property owner is required to submit an application for a Certificate of Appropriateness to the Historic Preservation Officer (HPO) before proceeding with any work not considered routine maintenance. Examples of work requiring a Certificate of Appropriateness application include, but may not be limited to, the following types of work: a. Substantial exterior repair involving the removal or replication of character defining features; b. Rehabilitation, including minor rear or side additions to the building or structure (such as a small bathroom, minor room extension, additional openings not visible from the street), or to the land (such as fencing, or outbuildings); c. Major alterations to the building or structure, including additional openings visible from the street, garage, guest houses, major additions to the side, rear or additional full or partial story, or to the land (such as fencing or outbuildings). d. Construction of new buildings e. Construction of fences, wall signs and paving in or adjacent to public right-of-way Information required to accompany an application includes: a. Plans of proposed work b. Photographs of existing conditions c. Photographs or drawings of missing features or elements to be rebuilt d. Information on specific products or materials proposed for use All information submitted must include sufficient detail and specificity to enable an assessment as to whether or not the proposed work is in accordance with the historic conservation district's Design Guidelines. 2. Upon receipt of a complete application, the HPO shall forward the application to the Landmark Commission for review. The Landmark Commission shall determine whether or not the application documentation is adequate for evaluation, and shall determine if the proposed work is in accordance with the applicable Design Guidelines. If an application is approved, the property owner may proceed with the work as approved. 3. If the Landmark Commission determines the proposed work is not in accordance with the applicable Design Guidelines, the Landmark Commission shall make recommendations to the applicant regarding changes to the proposed work that would bring the application into compliance with the requirements for approval. The Landmark Commission and applicant shall work together, in good faith, for a period of not less than sixty days, to resolve outstanding issues and reach agreement that is in accordance with the applicable Design Guidelines. The applicant shall provide the Landmark Commission with all pertinent information to help guide the Landmark Commission in their decision making process. If information is made available to the Landmark Commission regarding economic hardship, the Landmark Commission shall take that information into account regarding the applicant's ability to acquire specific materials and/or craftsmanship or complete a scope of work. If after good faith effort, agreement is not reached, the Landmark Commission may deny the application. 4. If the Landmark Commission denies an application for a Certificate of Appropriateness, the applicant may appeal the rejection to the City Council, within 10 days of the notice of denial. The Landmark Commission shall provide the City Council with a report of their findings and efforts within thirty (30) days of the appeal. The City Manager shall, within a reasonable length of time, place the matter upon the City Council agenda for a determination as to whether or not the proposed work is in accordance with the applicable Design Guidelines. The City Council shall consider the Landmark Commission's report in making their decision. If an application is Draft 6/19/07 12 DOWNTOWN SANGER HISTORIC DISTRICT determined in accordance with applicable Design Guidelines, the Council may approve the application. If an application is approved, the applicant may proceed with the work as approved. B. Vercation of Compliance for Cercate %J Appropriateness Process 1. The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no less than thirty (30) days after, shall make an investigation of the property and shall approve or disprove the fact that the property has been completed as required for Certification. If the repair or renovation deviates in any way from the approved construction plan, the HPO will forward his/her findings to the Landmark Commission, 2. The Landmark Commission shall review the information submitted by the HPO and decide whether or not the deviations from the approved construction plans are in accordance with the historic conservation's district Design Guidelines. 3. If verification of completion shall be deemed unfavorable, the applicant shall be required to complete the work as shown in the approved constriction plans or correct the deviation in a manner consistent with the applicable Design Guidelines or appeal the Landmark Commission decision to City Council. Draft 6/19/07 13 City of Riciimond, Texas 4xdinance # 99-22 AN ORDINANCE DESIGNATING THE AREA OF RICHMOND AS DESCRIBED IN SECTIQN SEVEN OF THIS ORDWANCE AS A DISTRICT OF HISTQR.ICAL SIGNIFICANCE AND PERMITTING THE DESIGNATION OF I~I.TTURE HISTORIC DISTRICTS OR SITES, REQUIR]'NG REVIEW OF ALL PERMITTED PROJECTS WITHIN THE DISTRICT, INCLUDING ANir NEW CONSTRUCTION, ANX EXTERNAL ALTERATIONS IN ANX MANNER WHATSpEVER WITHIN THE DZSTRiCT, ESTABLISHING A HISTORIC DISTRICT COMMISSION, PREREQUISITES, FQ.R MEMBEI2SI�IP THEREON, APPOINTMENT THEREOF, TERM OF APPOiN'I"MENT, MANDATORY RESPONSE TIME ON COMMISSION ACTION, RIGHT pF APPBAL ON COMMISSION ACTION, A PENALTY CLAY.7SE WHEREAS; the Legislature of the State of Texas has enacted Article IOI l a, Vernon's Annotated Civil Statutes empowering cities of the State of Texas to adopt regulations and historical places and areas of historical and cultural importance and significance, and WHEREAS; the City Commission of Richmond is aware that the City of Richmond has areas, places, buildings, and structures having significant historical value which reflect the heritage of the City, the State, and its people; N0�' BE IT ORDAINED BY THE CITY COlVXMISSIQN OF RICHMOND, TEXAS: SECTION 1. DEFINI'rIQNS: 1 A. Historic district - an area of hxstorxcal, archaeological or cultural importance of value which the City Commission determines shall be protected, preserved or enhanced in the interest of culture, prosperity, education, and welfare of the people. Buildings within the historic district will be defined as one of the following: 1. Significant —any structure that is recognised by the State of'f`exas or the National Register of Historc Places as a historical landmark within a historic district. 2. Contributing _ a classification applied to a site, structure or object within a historic district signifying that it contributes generally to the dualities that give the historic district cultural, historical, architectural or archeological significance as embodied in the criteria for designating an historic district, but without being Pa itself a landmark. 3. Noncontributing -- any structure which is neither a contributing structure within a district nor a landmark. SEGTIt3N' 2. HISTOItCC Dl'STRICT COMMISSION: The City Commission shall establish a camnaissian to be known as the kichmond Historic .District Comrnissian, hereinafter called the Historic Dzstritct Commission, to be composed of 6 members appointed by the City Commission. 14embership shall be comprised as follows: A. At least one member shall operate a business within the historic district; at least one member shall be a member of the fort Bend Museum's Board of Trustees; at least one member shall own property within the historic district, and the City Commission shall have the option to appoint any other person with interests in the preservation of historical sites. 2 S B. Term of membership shall be two years. The City Commission shall determine the terms of the first appointed members. C. Quorum shall be at least 3 members to vase. D. A majority of members shall elect a chairman, vice chairman and secretary, who will keep records of meetings. SECTION 3. APPLICATXClV AND P13RMlT5: A. All permitted projects, and certain other er�terior modifications, within the district must be reviewed by the Richmond Historic District Commission if determined by the City of Richmond's >3uilding Department to qualify under Sections 4 and S of this C)rdinance. B. Applications for permits under the ordinance must file with the Building Departrnent, an application form containing the following information: 1, Name of applicant and property owner. 2. Mailing address of applicant and permanent address of property owner. 3. Location of property to be altered or repaired, 4. A detailed description of the alteration or repair to be done. 5. A drawing or sketch of the proposed work. 6. The intended start date and finish date of proposed alterations or repairs. C. Review process: 1. The Building Department shall have 48 hours to notif}= the Historic District Commission of any permit application within the Historic District, and refer application to the Chairman or Vice Chairman of the historic District Commission. 2. The Chairman or Vice Chairman shall. call a meeting of the Historic District Coz�nnussion within 5 business days for a majority vote to approve or disapprove the application for permit. The Historic District Commission will. notify the Building Department within 24 hours in waiting the results of the vote and the reasons. The Building Departrr�ent shall, notify the applicant within 3 to 5 business days the results of the Historic District Commission. 3. The Historic District Commission may adopt supplemental design guidelines to clarify the criteria used in evaluating projects for renovation and new construction. Supplemental guidelines zrtay address issues such as: a. Scale and form of a structure �-height, width, proportion, and roof shapes, b. Composition of the principal facades —building materials, wizadows, doors, parches, signs and awnings. c. Relationship of the banding to the street —setbacks, spacing between buildings, directional character of the streetscape, and cohesive walls of enclosure such as masonry walls and other types of fencing. appeal by the applicant may be made to the City Commission in arbitration at the regular City Commission meeting. The City Commission shall review the application and approve or disapprove the same and such find and ruling of the City Commission shall be binding upon all parties. 0 SECTION 4. EXTERNAL ALTERATIONS AND REPAIRS: A. It shall be unlawful for any person or entity to make any external alterations ar external repairs which would alter permanently the architectural appearance, and basic architectural desifn of any building, structure or site within a historic district designated as "Sigtificant" or "Contributing" by the Historic District Commission without a permit. B. Any exterior alterations to a "Contributing" or "Significant" structure that do not require a building permit, but which involves the following activities must be reviewed by the Historic District Commission, 1. Siding installation or replacement. 2. Window and door replacement. 3. Masonry work, including, without limitation, tuckpointing, sandblasting, chemical cleaning. 4. Awnings, parches or other exterior features. C. dther standards: 1. All projects within a historic district involving the restoration or adaptive - reuse of a Recorded Texas Landmark or a property placed an the National Register of Historic Places should follow The SeCretaryF of the Interior's Standards for Rehabilitation. SECTION 5. NEW CONSTRUCTION: A. The Historic District Commission shall xeview all new construction projects within the historic district to determine if the new structure or development wi11 contribute to and enhance the long-term goals of the historic district. E r SECTION b. PENALTY2 Any person violating any provision of this Qrdinance shad be deemed guilty of a nusdemeanor, and punished by a fine not exceeding $244.40, and such violation be continuing, each days violation shall be a separate offense. SECTION 7. RICHMOND DOWNTOWN HISTORIC DISTRICT: The City Comnnission of the City of Richmond, hereby designates the Richmond Downtown Historic District the confines of which shall be defined as follows: ALL Op' BLOCK 1 i3LOCK 2, LOT 1c4c2,'/2 (3), LOT 4 ALL OP BLACK 7 ALL OF MORTON CEMETERY &THE ADJACENT PROPERTY OV4'NED BY TI-IE CITY OP R.iCHMOND ALL OF BLOCK 85-94 AND PART' OF E. P. NEWTON PROPERTY ALL OF BLOCK 95-141 ALL Op' BLOCK 147-112 PILL OF BLOCK 118-123 ALL OF BLOCK 128-133 ALL OF BLOCK 138-1a3 u PASSED AND APPROVED xFIIS THE Z2th DAY �F JiSLY, �999. Hilmar G. Moore, Mayor Aw Table of Contents Chapter I: Introduction and Goals .................................................. 1 Certificate of Appropriateness ............................................. 4 The Richmond Downtown Historic District Map .............................. 5 Chapter 2: The Evolution of Building Types in the Richmond Downtown Historic District ....... 6 Materials............................................................10 Storefronts, New Designs, Alterations ...................................... 11 Additions, Security Devices, Street Furniture ................................. 12 Signage, New Construction .............................................. 13 Reconstruction........................................................14 Entryways...........................................................15 Doors...............................................................16 Windows............................................................17 Kicicplates...........................................................20 Awnings, Canopies .....................................................21 Cornices, Parapets ..................................................... 22 Architectural Details .................................................. 9 23 The Secretary of the Interior's Standards for Rehabilitation ............................... 24 The Secretary of the Interior's Standards for Reconstruction .............................. 0 25 Glossary of Architectural Terms .................................................... 26 Sources for Additional Information ................................................. 31 Commercial Buildings, Preservation ........................................ 31 WebSites............................................................ 33 Guidebooks, Dictionaries ................................................ 33 Chapter One Design Guidelines for Commercial Buildings in the Richmond Historic District /ntroduction These design guidelines address the commercial buildings within the Richmond Historic District, which is generally bounded by Jane Long Lane on the north, the Brazos River on the east, Houston Street on the South and Seventh Street on the west (see map of district, page 5). Most of the historic commercial properties are concentrated on Morton and Calhoun Streets, between Second and Fifth Streets. It should be noted that the district boundaries also include a number of important historic sites and residences. These design guidelines are meant to serve the city of Richmond, owners of historic properties, and indeed, all property owners in Richmond. It is the intent of the guidelines to aid the city and property owners in making sensitive and appropriate decisions that affect the preservation and protection of their historic resources. Goals for the Design Guidelines The intent of these design guidelines is to preserve the resources and integrity of the historic district, and to ensure that new construction is in character with Richmond's important historic fabric in both appearance and scale. Goals for the Design Guidelines are: • To protect the integrity of the Richmond Historic District. • To protect the sense of time and place conveyed by the historic buildings as a collection. • To promote a sense of identity for the historic district. • To protect property values and investments. • To minimize negative impacts on adjacent properties from inappropriate development. • To encourage pedestrian activity. • To convey a sense of human scale. • To promote tourism in the historic district. Page 1 What is the Purpose of Design Guidelines? Design guidelines provide a common basis for malting decisions about design that affect individual prop- erties as well as the overall character of the historic district. The guidelines do not dictate solutions, but rather provide general information to guide owners in making decisions by providing appropriate choices for a variety of specific design issues. Guidelines also identify some design approaches that could potentially damage the building. For example, the guidelines advise not to sandblast masonry because it will damage the historic protective finish of the building and would result in severe damage to the structure. These guidelines also assure that new construction within the historic district is compatible with the character of the other buildings. These design guidelines are based on The Secretary of the Interior's Standards for Rehabilitation (see page 24). Why Have Design Guidelines? An important purpose of design guidelines is to inform the community and building owners about the design policies the city of Richmond uses in reviewing applications for the Certificate of Appropriateness process. But more importantly, they help sustain the historic character of the downtown dis- trict. The intent is to provide information for property owners to use in malting decisions about their build- ings. The guidelines also provide the Richmond Historic District Commission with a basis for making consistent and informed decisions about design in the historic district. The design guidelines take effect only when a project is initiated by a property owner or tenant to alter an existing structure or to construct a new one. The guidelines do not require property owners or tenants to initiate repairs, nor is there any deadline that forces properties into compliance. Why Do the Design Guidelines Address New Construction? It is not the intent of the guidelines to freeze the historic district in time or to make new buildings appear as though they are from a historic period. The historic district has witnessed change and can continue to incorporate transition; but new construction or modification to existing buildings should not impede upon one's ability to interpret the historic character of the district. In the most general terms, new con- struction, restorations or modifications should be compatible with the historic character of the district without imitating it and without harming the historic feel of the downtown historic district. Ho w to Use the Design Guidelines Property owners, tenants and architects are encouraged to use these guidelines when beginning projects in the historic district. The guidelines should apply to projects not subject to review, as this can result in more cost-effective designs and yield a more positive image for the property. For projects subject to review, reference to the guidelines in the initial planning stages of projects can avoid designs that may prove inappropriate and unacceptable. City staff will use the guidelines when advising property owners and in administrative reviews. The Richmond Historic District Commission will use the guidelines when considering the issuance of a Certificate of Appropriateness. This document will "guide" their decisions, but will not necessarily dictate the final outcome. Because each project has special circumstances that require consideration, the Commission makes its determination on a case -by -case basis. In making their decisions, the Commission's overall concern is that the integrity of individual historic structures be preserved and that the historic character of the historic district be protected. Page 2 What /s a Certificate ojAppropr/ateness r The City implemented the Historic Ordinance in 1998, requiring property owners of historic buildings within the district to apply for a certificate of appropriateness from the Richmond Historic District Commission. An application must be submitted to the Building Department and design review approval obtained from the Richmond Historic District Commission before one can receive a building permit for any exterior alteration, restoration, reconstruction, or new construction. Although the property owner is required to apply for this certificate, the property owner may appeal a decision by the Richmond Historic District Commission to the City Commission at their regularly scheduled meeting. A flow chart illustrating the Certificate of Appropriateness process for the City of Richmond may be found on the following page. Please note that other city regulations and ordinances also may affect proposed design projects: • City building codes • Americans with Disabilities Act • Federal income tax credits for certified rehabilitation of historic buildings (requiring approval by the Texas Historical Commission) • Recorded Texas Historic Landmark reviews (requiring approval by the Texas Historical Commission) If you have any questions about the review process, contact the City of Richmond Building Department at 281-34I-3100. Technical information about rehabilitation techniques, including cleaning of masonry, repair of windows, the construction of additions, and the rehabilitation of storefronts can be found in a series of publications by the National Park Service entitled Preservation Briefs. These are avail- able on request from the Texas Historical Commission and online at http://www.cr.nps.gov. Additional sources of information are listed in these guidelines, beginning on page 31. Page 3 Certificate ofAppropriateness Process for the City of Richmond Property owner submits Certificate of Appropriateness (COA) application to the Building Department. i Staff recommends approval or denial of the COA and mails a packet of infor- mation about the application to every Historic District Commissioner within 48 hours. _� Building Department reviews the COA applica- tion for completeness and compliance with the Secretary of the Interior's Standards for Rehabilitation. Incomplete applications are returned with recommendations and instructions. The Historic District Commission meets to consider the application. � 1. The property representative makes a presentation about the application. 2. A commissioner makes a motion to accept or deny the application. 3. The Commission discusses the motion based on the Secretary of the Interior's Standards for Rehabilitation. 4. The Commission votes to accept or deny the COA. If approved, property owner receives a signed Certificate of Appropriateness. Property owner obtains building permit. If denied, property owner may appeal to the Richmond City Commission at their next regular meeting. The decision of the Richmond City Commission is final and binding on all parties. Page 4 Richmond Historic District L i il�t. if."�,•r, aaVa Al <ii:iY S:x+,v 1`a i°4§IIi s... <, .. Historic district boundary North Page 5 Chapter Two The Evolution o f Building Types in The Richmond Historic District The historic district in Richmond contains a wide variety of building types from the late 19th century through the 1940s. While there are several excellent representations of different styles of the period, most of the buildings are of a vernacular type which developed across the United States from the late 19th and early 20th centuries. Today, these vernacular commercial building types are simply described as either "one -part commercial blocks" or "two-part commercial blocks." The majority of commercial properties in Richmond are of the one -part commercial type, which is a free-standing, one -floor building consisting of a storefront and an upperwall featuring a false parapet roof often used to display signage. The two-part commercial block is distinguished by its division of the facade into two distinct sections, the ground floor and one or more upper floors. The ground floor is very similar to the one -part commercial block containing a store- front or main entrance, while the upper part consists of one or more additional floors with regularly spaced windows often indicating offices spaces. The two-part commercial block tends to exhibit more elaborate detailing and ornamentation. Parapet Belt Course Transom Windows Canopy Display Window Recessed Entry Two -Part Commercial Block . 1 r,�;�r - = ,,: III - III A • 'f" '•Saar,'' = � , � . ,:::.:.: •`y., One -part Commercial Block �.`M ' `—W -. - 77 Ile �. Parapet Cornice Upper Story Windows Belt Course Transom Windows Display Window Recessed Entry ICic .plate Page 6 Fort Settlement, later known as Fort Bend, was established on the eastern banks of the Brazos river in 1822. This small settlement became the city of Richmond, being named in early 1837 by realty partners Robert Eden Handy and William Lusk. Early construction in downtown Richmond began along the eastern end of present day Morton street, gradually spreading south and west from the banks of the Brazos river. The majority of these buildings were frame constructions, featuring a large sign painted on the wooden parapet, which hid a gabled roof. The early streetscape lacked any form of paving or surfacing material and wooden side- walks in front of stores were intermittent. As bountiful as the Brazos river was to Richmond's commerce, it could also be devastating. A severe flood in 1833 destroyed both commercial property and crops, and led to an outbreak of cholera. Still, Richmond thrived and saw the growth of business, social services and a lively population. o µ An early depiction offer•ry commerce on the Brazos River. The Brazos river played a crucial role in the ongoing development of the Richmond area, serving as the main passage from towns north to the shipping trade of the Gulf of Mexico. Throughout the 1800s, Richmond remained one of the river's major ports, moving goods and people, and supporting the mail route, with deliveries to the county twice a week. By the 1850s, Richmond could boast a Masonic Hall, the county courthouse, several stores and the Richmond Male and Female Academy. Over the next five years, the city gained numerous additional stores, two hotels and a cotton warehouse. All these enterprises were enhanced by 7; 5 the extension into the city of the Buffalo Bayou, Brazos and Colorado Railway during these same years. Marketing and shipping contributed to the growth of , farming, ranching and a thriving mercantile population. The earliest masonry commercial buildings in Richmond, known as the Texas Vernacular Arched Front (or Flat Arched Front), consisted'' of a first floor with a series of narrow openings separated by masonry piers which provided openings for doors and windows and supported the upper floor. Initially, a series of arches at the ground level provided ' 1 ; openings for windows and doors, as well as supporting the upper wall, a n These were spaced evenly across the front, and it was not uncommon to hang double doors in each archway to allow the shopkeeper to open up the entire facade for maxi- mum ventilation and to provide the greatest amount of direct contact Fort Bend County's original courthouse. with customers on the sidewalk. Above the doors, fanlights were installed conforming to the shapes of the arches. By the mid, 1870s, however, wider flat windows came into use, made possible by the introduction of a steel or heavy timber beam across the entire facade, which sup- ported the upper part of the masonry wall. With this structural advance, a large transparent opening could be achieved to display more goods within a display window. These new storefronts exhibited large expanses of plate glass, allowing the ground floors to become more transparent. Window sills on the second floors were finished with stone sills, brick arches and a simple cornice at the top of the building. A canopy often projected from the front of these buildings to shade the sidewalk and provided a sense of continuity to individual build- ings. Signs were also hung along the outer edge of the canopy. The railroad provided inexpensive transporta- tion from large urban areas such as St. Louis for manufactured building components, including windows, cast iron columns, moldings and even entire storefronts. Page 7 Another distinctive feature of the commercial storefront --W- ! which developed during the late 19th century was the recessed 41 tY entrance flanked by display windows, all at the street level. The introduction of the commercial storefront contributed both cohesion and variety to the p �� streetsca e The open first floors and the human -scaled orna- + %+ mentation found on the building improved the streetscape's A typical commercial streetfiont, found in most Texas appeal to pedestrians. The uniform alignment of canopies towns during the latter half of the 1800s. enhanced the repeated storefront form, although the streetscape continued to project a busy, rhythmic appearance. Early photographs show that most storefronts were sheltered by canopies. Many of these were horizontal, frame structures which were supported on wood posts at the edge of the sidewalk. Others were hung by chains from the facade. Although many canopies had a flat roof, some were shed -shaped, sloping to the edge of the sidewalk. Although popular today, fabric awnings are not visible in historic photographs of downtown Richmond. Such awnings are, however, in keeping with the historic character of downtown, as shopkeepers often hung vertical panels of canvas as valences in archways or at the edge of a canopy to shield the shop from the late afternoon sun, particularly on south -facing facades. By the 1880s, Richmond's population had grown to approximately 2,000 citizens. The thriving community now supported sugar mills, six schools, four churches and the J.H.P. Davis Bank. This Victorian Romanesque Revival structure graced the corner of Morton and Third Streets, and also served as a site for several county offices, as well as Richmond's first telephone exchange. Sadly, the grand old structure was demolished in the 1950s. Other prosperous business included the J.E. Dyer Store, 206 Morton Street, which offered a variety of general merchandise. Groceries could be bought at the Jones and Hinson Grocery, at 208 Morton Street. The McNabb and Varga Saddlery Shop provided tack and custom gear, and area farmers and ranchers could do wholesale business at the Real t F. Ransom Groceries and Grain business._ The introduction of the vernacular storefront type continued through- out Richmond during the 1870s and through a It featured a large, plate glass display window on either side of a deeply recessed entryway. The The J.H.P. Davis Bank, upper part of the building was supported on a steel beam that spanned the built in 1886, which housed glass opening. The display window was frequently framed in moldings that Richmond's first telephone exchange, was torn down were more ornamental than those found in earlier buildings and was often during the 1950s. supported on cast metal columns. A kickplate, supporting the display win- dow from below, typically had an ornamental molding. A smaller band of glass above the storefront, known as a transom, provided additional light into the interior of the store. Ornamental details still existed, but were generally limited to a shallow molding, such as a cornice of masonry or stamped metal. In essence, these buildings lacked the distinctive detail that would associate them with the revival styles popular during this period. While vernacular building types predominate within the historic district, Richmond contains several good examples of the Romanesque Revival and Late Victorian styles. The Romanesque Revival style was popular in the United States from 1870 through the 1890s and is distinguished by monumental, masonry arches rising from massive piers or springing directly from the wall itself. Simple carved moldings frame these arches. Door and window openings may be trimmed in molded brick. Stone is frequently used around openings, often with a rough -cut ashlar finish. Historic photographs indicate that many store front signs in Richmond were painted panels, mounted flush with the face of the building, while other signs were hung along the outer edges of the horizontal canopies that sheltered the sidewalks. Sign graphics were simple, although a few signs incorporated symbols, and block letters were typical of most text. Visually, signs were a significant part of the street but they clearly did not dominate it. ; . , This was especially true at night. Incandescent lamps were used to illuminate signs externally, with bulbs directed at the surface of the sign. These typically were shielded to minimize the glare. ► Overall, a relatively small amount of the surface area of a building " "a front was illuminated; its sign, entry, and perhaps display windows, were usually the only items lighted. Up until the turn of the century, Richmond's economy had been based on the agricultural bounty that nature provided. Its location on the Brazos river assured rich land for farming and ranching, and this prosperity in turn supported the successful An example of downtown signage common to Texas cities, circa 1885, mercantile enterprises in town. As the area moved into the early 1900s, Richmond began to share in the wealth to be found in oil and minerals. The city was ringed by eight productive oilfields and sulfur mining operations were established. During this same period, the introduction of the automobile was an important factor in the development of downtown business. Buildings from this period tended to be less elaborate than those preceding the turn of the century. One of the most important trends was the construction of early twentieth century vernacular buildings, many of which had a brick parapet, occasionally ornamented with geometric patterns in brick. During these years, Richmond began to enjoy the amenities of paved sidewalks and citizens could gather at a newly built public swimming pool. The Richmond Cotton Company, incorporated in 1899, formed the Richmond Electric Company and kept the cit s homes and business humming. The city of Richmond was spared most of the ravages of the Great Depression, relying again on its agricultural base to support the local economy. Surrounding rice fields remained productive and the city's two large cotton gins continued to serve the Fort Bend County area and support badly needed jobs. Following World War Il, many streetscapes in the city were altered. During this period, the widespread use of canopies and awnings disappeared; the modernization and alteration of facades began to erode the historic character of many commercial buildings in downtown Richmond. The overall appearance of the streetscape was By World War• II, many Morton Street businesses had been substantially altered. also affected by the use of on -street angled parking, to accom- modate the increasing presence of the automobile. With the introduction of shopping centers and malls, a decentralization of downtowns occurred all across the country. As the economic vitality of downtown areas waned, there was an inevitable increase in vacancies and a shift in the use of buildings. Architecturally, our historic downtowns suffered serious degradation, as buildings routinely received complete facade coverings during the 1950s and early 1960s. The city of Richmond was not spared from the effects of this trend towards moderniza- tion of commercial districts. Page 9 Chapter Three General Principals of Design Guidelines General Principles ojDesign to Maintain a Building's Historic Character • It is essential to carefully preserve all features, components and details which are original to the building. Do not cover historic features with signs or new materials. • Whenever possible, repair those features that are damaged. Repair is always preferred over replacement. • When replacement is absolutely necessary, reconstruct the original element as exactly as possible. Replication can be very costly, but if done with care, can salvage the historic integrity of the building. • If an element is missing, do not replicate it without reference to strong historic evidence of its original form and materials. If no such evidence exists, a very simplified interpretation of similar elements should be considered. • Remember, any existing alteration to a build- ing that is 50 years of age or older is considered to be historic. Respect the entire history of a building when making decisions. • Signs should not overwhelm a building's proportions or design. • Visual clutter should be avoided. Materiais The historic i�ategrit�� of a building is insured by the mainte- na�ace and preservation of all its architectural elements. The Fort Bend County jail, pictured above, is an outstanding example and today serves as Richmond's police administration building. • The original construction material of a building should always be preserved. The materials of historic buildings and their craftsmanship give an essential visual continuity and character to the historic district. • Brick is by far the most common material used in Richmond. It should not be painted if it is the original construction material. • Do not cover a facade with any material. If the original material has been covered in the recent past, uncover it whenever possible. • If a fagade must be replaced (which is highly unlikely except in case of fire), the replacement material should be the same and match the original in scale, color, texture and finish. • Do not use harsh or abrasive cleaning agents on original materials. Sandblasting is forbidden, as it not only destroys the texture of the materials, but it can lead to severe deterioration of the structure itself. Page 10 Storefronts • The original storefront should be carefully preserved whenever it is intact. Do not alter or obscure the original storefront. This is absolutely essential to maintaining the historic integrity of both the individual building and the historic district as a whole. • In some cases, an original storefront may have been altered as part of the history of the building. Do not restore such storefronts to an earlier period. • If the glass in a storefront is intact, it should be preserved. • The original shape of the window openings should be retained. • If the storefront has been altered in the recent past, the original design should be restored. If documen- tary evidence of its original form is lacking, a very simplified interpretation of similar storefronts should be used. New Designs for Storefronts • If the original storefront is missing, it is best to consider implementing a new and more appropriate design. • If there is no evidence of the original design of the storefront, the new design should use the traditional elements of such storefronts, for example: • Maintain the transparent character of the display windows. • Maintain the traditional design of storefronts. • Keep windows the same size and configuration of historic windows. • Do not use modern aluminum doors. • New storefronts should not project beyond the surface of the facade. Alterations • Alterations should be avoided whenever possible in buildings that have retained their original, historic features. • Alterations should not try to imitate an earlier period or a different style. It is imperative that alterations not hide the design character of the original building. • Alterations that will damage historic features are forbid- den. For example, the removal of a cornice for new signage will damage a building's significance. • The scale and proportion of the building should be respecteA when considering changes to the storefront, The original storefront reflects the building's history and maintains the district's historic integrity. particularly in a two-part commercial block building where the rhythm of the second floor bays should be considered. • Rhythm of the facade should be kept in its original configuration, such as keeping the same number of bays across the facade on both the lower and upper floors. Do not build a new storefront consisting of a singular, flat facade if the historic building was originally divided into several bays. • The separation of the storefront from the upper part of the building should be articulated. • The relationship of the storefront to the facade should be carefully considered. • A building's original materials should never be removed or covered up by a new sheathing that will harm it, such as aluminum slipcases. page 11 Additions • Additions should be avoided whenever possible. • Any additions should be compatible in scale, materials and character with the historic building. Whenever possible, new additions should be made to the rear of the building. • No additions should try to replicate the historic building. It should be readily distinguishable from its historic portion. • Any addition should be subordinate to the main, historic building. Its materials and ornamentation should not call attention to it. • Additions should not be made to the front of a historic building. Due to the minimal setback of buildings from the street, this is highly unlikely in Richmond. Still, such an addition should never be considered. • Additions should not alter, damage or obscure important historic elements of the original building. • An addition to a one-story building should be set back a greater distance than that of a two-story building, in order to minimize its visual impact. • Second story additions to a one-story building are discouraged. If such an addition is appropriate, how- ever, it should be set back a minimum of 25 feet so that the addition is less discernible from street level. Security Devices • The use of security devices on windows and doors should be kept to a minimum. • If use of metal bars is necessary, they should be constructed in a simple design. • Roll -down metal screens are strongly discouraged and inappropriate to the historic buildings in Richmond. These screens hide a merchant's products and make the street appear unfriendly to pedestrians. • Shutters are appropriate for upper floor windows only if they were used historically. • Alarm devices should be hidden. Street Furniture • Historically, street furnishings were rarely used in Richmond. Today, however, they can be a necessary aspect of modern life and should be incorporated into the historic streetscape. • Benches along the sidewalk should be kept simple and compatible with the historic character of the street. Do not place advertising signs on the back of benches. • Limit the number of trash receptacles and benches too cosee ee o They should be very simple in design and not placed • Newspaper racks should be unobtrusive and painted a muted color. Do not place them in large groups near corners where they can impede pedestrian traffic. • Avoid trying to make phone booths look historic. Do not allow booths to obscure important building features. • Do not obscure storefronts with any form of street furniture. Page 12 Historic Signage • Historic signage greatly contributes to the character of a commercial historic district, and should be preserved. The most common issue with retaining historic signage is a change in the business that occupies the building. However, as these signs are part of the community memory and often landmarks in themselves, it is highly recommended to allow them to remain a part of the original building. • Restoration of historic signage should only occur when the original has lost its visibility due to age, damage or inappropriate cleaning methods, such as sandblasting on brick facades. • Typical historic signage includes: Painted facades and fascia signs; material inlaid into the building's facade, such as brick or enamel; hanging signs and older neon signs; and goldleaf or gilded lettering in storefront windows. Each type of historic signage requires special restoration techniques and is best served by professionals specializing in the materials originally used. • New Signage on historic buildings can be appropriate if the Signage compliments the historic integrity of the original building. New signage must never obscure original signs or disrupt the character of the com- mercial district, and it must never be applied to the historic building in a manner that would cause phys- ical damage or a loss of historic integrity. New Construction for Contemporary Bui/dings • New buildings should be compatible with the historic character of the Richmond Historic District. For example, ground floors should have a transparent quality while upper floors should maintain the rhythm, form and vertical emphasis of windows found in the historic buildings. A simplified cornice should crown the new building. Maintain the alignment of horizontal building elements, such as win- dow sills, cornices, and stringcourses. • New construction should appear similar in mass and scale to the existing historic buildings. • New buildings should not attempt to replicate older historic styles. • New buildings should be oriented toward the street in the same manner as older buildings so their entrances face onto the street. • A uniform set -back of the facade should be retained. Align the building with the property line of other buildings wn the district. Courtyards or patios should be placed behind a wall and should not extend across the entire front of a building. • Parking lots should not be placed in front of a new building. • New buildings should be similar in height and width to the other buildings within the district. New construction should not exceed more than two stories. Large building projects occupying several lots can be broken into several units and reflect the design found throughout the district. • Floor heights should be similar to other buildings. • Brick is the preferred material for new construction. Brick should be similar in size to that used historically. • Simple material finishes are encouraged. Polished stone, for example, would be inappropriate as a material. Materials should be used in a manner similar to that traditionally used. • Flat roofs are predominant within the Richmond Historic District. Different roof forms should be dis- couraged, such as tall Mansard roofs or gabled roof lines. Decorative parapets are appropriate. • The building entrance should appear similar to those of the existing historic buildings. If possible, the primary building entrance should be slightly recessed and similar in scale with the existing historic buildings. Page 13 Reconstruction of Historic Buildings Reconstruction of a historic building is the re-creation of an entire, non -surviving building using new materials. In most cases very little, if any, existing physical evidence of the building survives. Thus, the potential for historical error requires very stringent documentation of all aspects of the original building. A reconstruction requires research and documentation to establish the original building's historic significance, and to determine that the reconstruction is vital to the public understanding of the property. As the reconstruction should look exactly like the original building, this type of "restoration" is the most costly to undertake and requires the skills of a professional architect experienced in such areas. All reconstructed buildings should clearly be identified as contemporary recreations. • Detailed documentary and physical evidence are necessary to avoid a conjectural interpretation of the original building, and to ensure accurate reconstruction. If such documentation cannot be verified, other interpretive methods should be considered, such as explanatory markers. • Archeological resources at the original site must be taken into consideration. These archeological find- ings are essential to determine the original building's size, plan, relationship of rooms and overall layout. Investigation is required to identify those resources that are essential and require reconstruction. Archeological features that are not essential must be left in place and undisturbed for the consideration of future research. • A reconstruction must never be based on speculation of the original design or on the features of other buildings in the area. The design for the reconstruction must be based on the solid evidence provided by research and documentation of the original building. In the case where existing features of the original building survive, these historic features must be identified and preserved, and incorporated into the reconstruction. The marriage of new and existing material must be carefully documented as a guide to future research and maintenance. • Exterior and interior features of a reconstruction require a careful duplication of the original building's character. Historic materials and traditional finishes are strongly preferred. Substitute materials may be used if these materials replicate the appearance of the original building's interior and exterior finish. The exception would be non -visible features, such as interior structural or mechanical systems. These features are best served by modern materials and technology. • A reconstruction of a historic building must consider the original site in its entirety. Archeological research is required to establish the foundation for reconstruction of landscape features, such as fences, fountains, exterior furnishing, sidewalks and roads. Other landscape features might include yards, gar- dens, and parks. It is vital to a successful reconstruction to preserve the visual relationship of the historic building to its original site. • The Secretary of the Interior's Guidelines for Reconstruction can be found on page 25 of these design guidelines, including the Secretary's definition of reconstruction as well as the conditions that allow reconstruction as a recommended treatment of a historic site. Page 14 Chapter Four Building Components Do's and Don'ts Entryways The entrance of the building is considered the primary focal point of the front facade. The main elements of an entryway are the door and display windows, discussed more fully in the following sections. Styling of entryways may include a recessed entrance, a truncated corner entryway, or a tiled or mosaic pattern on the entrance walkway. Recessed Entryways • Do preserve the original orientation of the recessed entryway. • Do maintain the original elements, including display windows and doors. • Do appreciate that recessed entryways offer protection from the elements and help to identify a business. Recessed entryways are one of the strongest features of a well preserved historic business district. Don't • Do not bring recessed entryways flush to the sidewalk, in order to modernize the look of the building. This will destroy the historic integrity of the building. • Do not clutter recessed entryways with signage anA displays. • Do not alter original elements, such as display windows and doors. Entryways should never be modified with alaiminum doors. Page 15 Doors Doors speak to the passerby, enticing the casual stroller to enter and experience the building. These doors serve to establish the style and individuality of the buildings in a historic district. The original door structures should always be preserved whenever possible. Ii • Do preserve original doors whenever possible to preserve the building's historic integrity. • Do ensure that any door replacement resembles the original in design, materials, color and alignment. Such replacement should occur only when unavoidable. • Do take care with glass replacement in doors; the glazing should match the original work as closely as possible. Don't • Do not replace doors with metal construction; glass and aluminum frame doors will significantly distract from a historic district's charm. • Do not replace historic door glass with pat- terned, stained or etched glass; while such glass is attractive, it should be used with caution. Many replacement doors strive for a historic look, but instead appear contrived and distracting. Original door structures should always be pr•e- ser ved whenever possible. Replacement doors should not attempt to appear historic by the use ofstained or etched glass. Page 16 Windows Some windows in the Richmond business district reflect its historic past, while others illustrate the prob- lems that arise when window replacement occurs with no guidelines. Historic windows contain wooden sills and muntins (glazing bars), and are naturally prone to damage from the elements, as well as time. Often, the repairs that would have preserved these wooden windows were neglected, leading to their replacement with modern materials, most commonly aluminum framing. Such replacement is one of the most serious compro- mises to the integrity of a historic building. Also note that it is not necessary to remove existing glass to install thermopane for energy savings. Often, reglazing of existing windows and the addition of weather stripping is sufficient. Storm windows are not appropriate for storefront windows, but they may be applied over second floor windows in an unobtrusive manner. There are three main window openings to be considered: display windows, transom windows, and in two-part commercial structures, windows on the upper story. • Do maintain the original configura- tions of display windows. Typically, these store front windows are large and single paned. • Do maintain original glazing materials and style. • Do restore modified or reduced display windows to original dimensions whenever possible. Don't • Do not modify the size of the original window opening. • Do not replace with modern, aluminum framed windows. This will seriously com- promise the building's historic integrity. • Do not install mirror or tinted glass, or black plexiglass. These types of materials will obscure the store display and throw glare on the sidewalk. Display Windows Display windows grace the storefront with large, single paned glazing. Inappropriate alterations to display windows include modifzcation of the original size and replacement with aluminum flamed windows. Page 17 Transom Windows • Do repair wooden elements and replace broken glass panes in transom windows. • Do take advantage of the ventilation and ambient light provided by transoms. • Do understand that these windows maintain a balance and linear continuity across storefronts and help unite a block in general appearance. Transom windows lend unity across store fronts, providing both ventilation and light. Don't • Do not paint over transoms or fill in with wood or brick. • Do not replace with modern, aluminum sashed glazing. • Do not cover with awnings or signage. This will disrupt the linear rhythm that transoms establish along a street course. When transom windows are covered or painted over, the building looses historic integrity and the appear- ance of the entire str•eetscape suffers. Page 18 Upper Story Windows • Do preserve the vertical design and mupaned glass typically found in upper story windows. • Do maintain the uniform spacing and proportions of these windows to ensure balance in design. • Do remember that window manufacturers today produce a wide variety of suitable wooden replacements for most historic window openings. Upper stogy windows feature a vertical, multi paned design, providing a visual rhythm across the building and a unity to the str•eetscape. Don't • Do not alter the shape or spacing of upper story windows. • Do not fill in upper story windows with brick or wood. • Do not replace existing upper story windows with modern, aluminum windows. Existing upper• story windows should never be replaced with aluminum windows, painted over; or fzlled in with any material. Page 19 uckplates Older display windows in Richmond are often supported by kickplates. These decorative panels usually align from building to building, lending continuity and color to a block. Often they are accented with ornamental molding or contrasting colors, helping a business attract the casual stroller's attention. • Do repair and maintain original kickplates. • Do take care with the choice of colors in any kickplate replacement. Adherence to the original color scheme will compliment the building facade. • Do refer to old photographs of the historic building when possible, as a reference for the proper width and height for the restored kickplates. Kickplates supply a sense of balance and create visual interest on a storefront. Don't • Do not allow kickplates to become cracked, scuffed or detached. • Do not replace original kickplates unless they are beyond repair. • Do not use plastic, shingles or other inappropriate materials when replac- ing kickplates. • Do not deviate from the original coIor scheme, as this will detract from the overall unity of the block. Kickplates provide a linear continuit�� to the block. Kickplates should never be removed or covered over with brick or other material. Page 20 Awnings and Canopies A large number of buildings in downtown Richmond feature wooden or metal canopies suspended below transom windows. In some instances, fabric awnings have been installed over windows and entrances. These elements obviously serve the public's convenience, providing shelter from spring showers and summer sun. But it is important to note that the linear form of these canopies and awnings lend a strong visual continuity to the commercial district. • Do maintain and repair existing canopies and awnings. • Do ensure that any required repairs or replacements fit the proportions of the storefront. • Do respect the surrounding color scheme and building facade when replacing any awnings, as this will compliment the overall continuity of the historic ambiance in the downtown district. Awnings and canopies add linear form and continuity along the block. Thee also provide shelter from the ele- ments, encouraging foot tra�c along the str•eetscape. Don't • Do not remove existing canopies; any such removal will seriously compromise the existing facade material and endanger the historic integrity of the building. • Do not conceal ornamental detail when replacing canopies or awnings. • Do not use inappropriate materials, espe- cially shingles, when awning replacements cannot be avoided. • Do not use inappropriate colors or materials when replacing canopies. Canopies should never• be replaced with modern materials (top). Inappropriate awning materials and color schemes distract from the historic commercial district. (bottom). Page 21 Cornices and Parapets Many of the commercial buildings in downtown Richmond feature a patterned trim at the top of the facade, known as the cornice. The cornice consists of an ornamental molding that often projects from the facade and runs along the top of the building, parallel to the roof line. This molding might be a metal band or lip, a brick pattern or an inset design. A few buildings also are crowned with a type of balustrade, referred to as the parapet. The lovely parapet tops the roof line in a variety of styles. It can be a succession of urns or railing, a series of rectangular blocks or even a combination of peaks and steps. Often the parapet consists of an arched construction bearing the name of the building and its erection date. Consider the cornice and the parapet as the crowning elements of a well preserved historic structure. • Do maintain and repair any cornice or parapet that has suffered damage or neglect. • Do incorporate original materials in any repairs whenever possible. • Do refer to historic photographs of the building in order to maintain the original design of the cornice or parapet. h.w Many parapets contain architectural details, adding interest to the building. Don't A well preserved cos•nice and parapet add to the building's historic integrity. • Do not fail to repair a neglected cornice or parapet, as these building elements can pose a serious danger to pedestrian traffic if allowed to deteriorate. • Do not cover any cornice or parapet with modern signage or a false facade. • Do not remove any original cornice or parapet, as this will destroy the historic integrity of the building. • Do not replace a damaged cornice or parapet with inappropriate materials that distract from the building's historic character. Covering the cornice and parapet with inappropriate materials (left) will destroy the historic integrity of the building. Allowing the cornice to fall into disrepair (right) creates an eyesore. Page 22 Architectural Deta%15 Downtown Richmond contains several buildings that are rich with architectural detailing that conveys their history and gives distinction to the business district. The preservation of these unique features will enhance the quality and beauty of the historic district. The historic Fort Bend County Jail, featuring the Richardsonian Romanesque style of the late 19th century, no doubt influenced the stylistic expression evident in some of the surviving buildings of the period. With their facades accented by decorative brick work featuring insets and pro- jections, these buildings contribute a special character to the historic district. While downtown Richmond is fortunate to have such buildings adorned with special architectural details, later buildings tend to be more func- tional in nature. But even these modest buildings contain architectural details that must be respected, including decorative parapets, unique window or door treatments and historic signage. Ii • Do recognize the unique character that architectural details lend a historic building, and maintain these elements in good condition. • Do repair details when necessary, using appropriate methods and materials. • Do refer to historic photographs of the building before attempting any replacement or modification of architectural details. Y Architectural details provide visual interest and greatly contribute to the building's historic integrity. The historic Fort Bend Countylail is Richmond's most outstanding example of finely pre - Don't • Do not allow architectural details to fall into disrepair, as this will detract from the building's appearance and historic integrity. • Do not attempt to clean architectural details with high-pressure water cleaning, sandblasting, or caustic cIeansers. Such cleaning attempts will cause irreversible damage to the building's finest features. • Do not paint, cover over, or remove architectural details, as this will harm the building's historic integrity. Page 23 The Secretary of the Interior's Standards for Rehabilitation The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construc- tion. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Page 24 The Secretary of the Interior's Standards for Reconstruction Reconstruction is defined as the act or process of depicting, by means of new construction, the form, fea- tures, and detailing of a non -surviving site, landscape, building, structure, or object for the purpose of replicat- ing its appearance at a specific period of time and in its historic location. 1. Reconstruction will be used to depict vanished or non -surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property. 2. Reconstruction of a landscape, building, structure, or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken. 3. Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships. 4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the non -surviving historic property in materials, design, color, and texture. 5. A reconstruction will be clearly identified as a contemporary re-creation. 6. Designs that were never executed historically will not be constructed. Reconstruction as a Treatment, /ustification When a contemporary depiction is required to understand and interpret a property's historic value (including the re-creation of missing components in a historic district or site ); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction, reconstruction may be considered as a treatment. Page 25 Glossary ofArchitectural Terms Arch A structure built to support the weight above an opening. A true arch is curved and consists of wedge-shaped stones or bricks called voussoirs that make a curved bridge to span the opening. The center voussoir is called a keystone. Archivolt An ornamental molding around an arch. Art Deco Architectural style of the 1920s and 1930s, characterized by bold outlines, geometric and zigzag forms and the use of modern materials. Art Glass A type of stained glass from the late 19th century popularized by Tiffany and other artists such as LaFarge. It is generally composed of milky or opalescent colors. Awning Any structure made of cloth, metal or other material attached to a building to provide shade and protection from the elements. Baluster A short upright column or post supporting a railing. Many balusters are commonly urn -shaped. Balustrade A row of balusters and the railing connecting them. It is often used as a stair rail, for a balcony, or placed above the cornice on the exterior of a building. Bracket A supporting member for a projecting element, sometimes in the shape of an inverted "L" and sometimes as a solid piece or a triangular truss. Canopy A roofed structure constructed of metal, wood or other material placed so as to extend outward from a building providing a protective covering for doors, windows and other openings. The canopy can be supported by columns or posts, or cantilevered out from the building and supported by metal ties. Page 26 Cap The top member of a column, pilaster or post. Clerestory Windows Windows located relatively high up on a wall, often forming a continuous band. Coffering Decorative pattern on the underside of a ceiling, dome or vault consisting of sunken square or polygonal panels. Column A vertical shaft or pillar that supports, or appears to support, a load. Coping A capping to a wall or parapet. Corbel A bracket of stone, wood or metal projecting from the side of a wall and serving to support a cornice, the spring of an arch, a balustrade, or other element. Cornice The exterior trim of a structure at the meeting of the roof and wall. Dentil One of a series of small rectangular blocks, similar in effect to teeth, which are often found in the lower part of a cornice. Eaves The underside of a sloping roof projecting beyond the wall of a building. Elevation Ahead -on drawing, often depicted to scale, without any three-dimensional perspective. Facade Any side of a building. False Front A front wall which extends beyond the sidewalk of a building to create a more imposing facade. It is generally non-structural. Page 27 Fascia A flat board with a vertical face that forms the trim along the edge of a flat roof, or along the horizontal (eaves) side of a pitched roof. The rain gutter is often mounted on it. Fenestration The arrangement and design of windows on a building. Finial The decorative, pointed terminus of a roof. Gable The portion of a wall where it meets the roof and forms a triangular shape. The term is often used to refer to the whole end wall where this occurs. Nood Molding A projecting molding around the top of a doorway or window to shield it from water. Indirect Lighting Light from a concealed source which reflects onto a building or object. Internal Illumination Light from a source that is concealed or contained and is visible only through a translucent surface. /oist . One of the horizontal wood beams that support the floors or ceilings of a building. Joists are set parallel to one another, usually from one to two feet apart, and span between the supporting walls or larger wood beams. Kickplate A decorative panel supporting the main display window on a storefront. Molding A decorative band or strip of material used in cornices and as trim around window and door openings. It is also used to delineate floors in a building. Muntins Thin constructions that subdivide one large pane of glass into smaller panes, often called glazing bars. Oriel Window A projecting bay with windows, which emerges from the building at a point above ground level. It is often Page 28 confused with a bay window which ordinarily begins at ground level. Parapet A low protective wall at the edge of a roof. Pediment A low-pitched gable over a portico taking the shape of a triangle and formed by the sloping roof and a horizontal cornice at the base of the triangle. If the horizontal cornice is lacking, the space is a gable. This form is found over doors and windows, and is sometimes found atop a building. Pitch The angle of slope of a roof (i.e. 30° pitch or low-pitched roof) and is typically expressed as a ratio of units of vertical distance to 12 units of horizontal distance (i.e. 8/12). Plan A drawing representing the footprint of the building or the horizontal section through the building. It shows the arrangement of the rooms, walls, and partitions as well as the location of doors and windows. Vernacular buildings are usually classified by their type of floor plan. Pointing The outer and visible finish of the mortar between the bricks or stones of a masonry wall. Porch A covered entrance to a building which may be open or partly enclosed. Portico A porch or covered walls consisting of a roof supported by columns. Preservation The act or process of applying measures to sustain the existing form, integrity, and materials of a building. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. Protection Measures designed to defend or guard the physical condition of a property from deterioration; such steps are usually temporary and followed by preservation. Reconstruction The reproduction of a historic building by new construction imitating the exact form and detail of a vanished building as it appeared at a specific point in time. Page 29 Rehatation Returning a building to a state of utility through the repair or alteration which makes possible an efficient contemporary use while preserving important historic, character -defining features of a building. The Secretary of the Interior's Standards for Rehabilitation provide guidelines for this process. Renovation Returning a property to a state of utility through repair or alteration while preserving portions or features which are significant to architectural, historic, and cultural value. Restoration To bring back to previous condition. Recreation of an earlier appearance both in form and detail. Exposing of original elements and replacement of missing elements, matching originals. Sash The moving units of a window, that move within the fixed frame. Sill The lowest horizontal member in a frame or opening for a window or door. It is also the lowest horizontal structural member in a framed wall or partition to which the wall studs are attached. Storefront The street level facade of a commercial building, usually with display windows. Stabilization Applying measures that re-establish an enclosure secure from the elements and re-establishment of structural sta- bility, maintaining essential elements of form. Turret Tower -like forms that cap a roof at its corners. Page 30 Sources ofAdditiondllnformdtion History of Commercial Bung Types Liebs, Chester. Main Street to Miidcle Mile: American Roadside Architecture. Baltimore: John Hopkins University Press, 1985. This is an excellent overview of the transformation of commercial development from centralized main streets to strip development and shopping malls. It also includes a discussion of such building types as motels, automobile showrooms, drive-in theaters, gas stations and restaurants. Longstreth, Richard. Main Street: A Guide to American CommescialArchitecture. Washington D.C.: National Trust for Historic Preservation, 1987. A brief, but scholarly, description of the evolution of small-scale commercial architecture. This was the first work which formulated a typology for describing commercial building types. Its importance is underscored by the adoption of its terms for the National Register of Historic Places. Currently out of print, but there is talk it will be reprinted. Resources for Historic Preservation National Trust for Historic Preservation, "Information" Series. The National Trust for Historic Preservation publishes a series of booldets on a variety of topics related to spe- c issues in preservation. Each of the booldets is $6.00 or you may order the entire series of 58 booklets with binders. This series is highly recommended. Topics include: • Maintaining Community Character: How to Establish a Local Historic District • Design Review in Historic Districts • Reviewing New Construction Projects in Historic Districts • Basic Preservation Procedures Page 31 Resources for Historic Preservation, cost. National Park Service, "Preservation Briefs" Series. This series of pamphlets offer practical assistance to owners of historic buildings in solving problems associated with common preservation repair problems with an emphasis on preserving a property's historic character. The Briefs are also available online (see Web Sites, following page). Topics include: • Cleaning of Masonry Buildings • Roofing for Historic Buildings • Aluminum and Vinyl Siding on Historic Buildings • Repair of Historic Windows • Rehabilitating Historic Storefronts Preservation Yellow Pages; The Complete Information Source for Homeowners, Communities and Professionals. Washington D.C.: National Trust for Historic Preservation, 1997. A good guide to preservation sources and includes an overview of the major areas and disciplines in preserva- tion. A good general introduction to historic preservation and its sources and organizations. Innovative Tools for Historic Preservation. Washington D.C.: National Trust for Historic Preservation and the American Planning Association, 1992. Covers financial incentives, conservation districts, growth management, and regulatory techniques. A good overview of the major techniques used in historic preservation at the local level. Weeks, Kay and Anne Grimmer, eds. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Illustrated Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Washington D.C.: Superintendent of Documents, Government Printing Office, 1995. An essential guide in understanding the Secretary of the Interior's Standards. The illustrations are most helpful in understanding how to apply the guidelines. Web Sites National Park Service www.cr.nps.gov/buildings.htm The National Parlc Service is the federal agency responsible for all aspects of implementing the National Historic Preservation Act, first passed by Congress in 1966. In addition to issuing the U.S. Secretary of the Interior's Standards, the National Park Service administers the National Register of Historic Places program and gives final approval to all projects requesting federal rehabilitation tax credits. Their web site is of tremendous use and the entire series of "Preservation Briefs" (mentioned above) is available online. In addition, they have informa- tion on "Caring for a Historic Building," "Dos and Don'ts for Rehabilitating Buildings," and a "Checklist for Rehabilitating Buildings." The web site even includes a step-by-step guide for applying the Secretary of the Interior's Standards in their "Electronic Rehab" section. Page 32 National Trust for Historic Preservation www.nthp.org The National Trust for Historic Preservation is a national organization, chartered by Congress, to promote the preservation of our built environment. This organization serves as an important clearinghouse of information and publishes numerous books on the subject that may be purchased online. This web site offers a wealth of information on current issues. It also contains information on the National Main Street Program, founded by the Trust. The web site is available for use by both members and non-members alike. They offer additional sources, however, for "Forum" members to the National Trust who receive a password for access to additional information on their web site. Texas Historical Commission www.thc.state.tx.us The Texas Historical Commission is the state agency that provides information on historic preservation and administers all aspects of the federal programs at the state level. The web site contains important information on grants and tourism. In addition, the site contains the "historic sites atlas," a database of information on historic buildings and sites from across the state. The web site also contains important links to other web sites concerned with historic preservation. The staff of the Texas Historical Commission can be invaluable in helping property owners restore their historic buildings, offering both advice and technical information (512463-6094). George Ranch Historical Park www.georgeranch.org The George Ranch was one of the most notable of the grand family estates established in the Richmond area in the early 1800s. Its original owners were Henry and Nancy Jones, who arrived with the first settlers in Texas, known as the Old Three Hundred. Today, the George Ranch Historical Park encompasses 480 acres and is a unique site, in that is both a working ranch and a rich historic resource. The original buildings and structures, most notably the George Ranch House, were restored and maintained by the George Foundation, In 1988, the George Foundation forged an alliance with the Fort Bend Museum Association and a number of history programs were established that flourish today. The George Ranch Historical Park provides a unique blend of education, preservation and living history of the Fort Bend County area. The George Ranch web site provides a wealth of information, including volunteer opportunities and an extensive research library. Visitors can search the artifact and photograph collections of the Fort Bend Museum and the George Ranch Historical Park, as well as links to the Texas History Internet Consortium. Guidebooks and Dictionaries Whiffen, Marcus. American Architecture Since 1780. Cambridge, Mass.: MIT Press, 1993. First published in 1969 by awell-respected scholar, this survey of American architecture focuses on the high styles. It is arranged by style and includes a good discussion of sources and evolution, illustrated with examples by major architects. Kyvig, David E. and Myron A. Marty. Nearby History: Exploring the PastArozind You. Nashville: American Association for State and Local Histor}; 1982. An exhaustive guide on how to conduct historic research at the local level. Page 33 Lounsbury, Carl R. An Illustrated Glossary of Early Southern Architecture and Landscape. New York: Oxford University Press, 1994. A scholarly dictionary, heavily illustrated, which traces the origins of terms as well as their meaning from the 1600s through the 1820s. Its focus is on the south but includes Tennessee and Kentucky as well. This volume is not directed to the layman, but is extremely interesting and informative. Rifkind, Carole. A Field Guide to American Architecture. New York: New American Library, 1980. Not as exhaustive a treatment as many of the other guides; however, it has a greater emphasis on high styles and examples from the East that may interest some readers. Pevsner, Nicholas, Hugh Honour and John Fleming. The Penguin Dictionary ofArchitecture. New Yorlc: Penguin Books. First published in 1966, this paperback dictionary has been through numerous editions. Its emphasis is on European and English architecture from ancient times through the present. It is most useful for those interested in a brief synopsis of European sources. The earlier editions are not well illustrated. Harris, Cyril. Dictionary ofAs•chitecture and Construction. New York: McGraw-Hill, 1993. Heavily illustrated with wonderful graphics, this is a general dictionary which covers the architecture of the world. It is probably more easily understood by the layman than the Penguin dictionary and its illustrations are much better. Page 34 page 35 Notes GREENWOOD NEIGHBORHOOD CONSERVATION DISTRICT PLAN Adopted by the Chapel Hill Town Council June 12, 2006 Greenwood Neighborhood Conservation District Plan June 12, 2006 IJ Greenwood Neighborhood Conservation District June 12, 2006 SUMMARY This Greenwood Neighborhood Conservation District Plan has been prepared and adopted in accordance with Section 3.6.5 in Chapel Hill's Land Use Management Ordinance, and has been incorporated into the Land Use Management Ordinance by reference. The purpose of a Neighborhood Conservation District is to establish special regulations especially designed for and intended to help preserve the character of a particular, older residential neighborhood. This Plan contains special regulations for the Greenwood Neighborhood Conservation District (CD-2) as described below. BOUNDARIES The boundaries of the Greenwood Neighborhood Conservation District generally are the northern boundary of lots fronting on Indian Springs Road to the north, Christopher Road and Fordham Boulevard to the east, Raleigh Road to the south, and a combination of Battle Branch and church properties to the west. Please see the attached map of the District boundaries. The boundaries shall be indicated on the official Zoning Atlas which accompanies the Land Use Management Ordinance. SPECIAL DESIGNSTANDARDS TOAPPLYTO DEVELOPMENT IN THE GREENWOOD CONSER VAION DISTRICT The following Design Standards shall apply to all development within the Greenwood Conservation District, and are incorporated into Chapel Hill's Land Use Management Ordinance by reference. No application for development shall be approved that does not comply with these standards. For the Greenwood Neighborhood Conservation District, these standards replace/supersede general provisions in the Land Use Management Ordinance where such standards differ. For standards that are not specifically identified in this Plan, provisions of the underlying zoning district for a particular parcel shall apply. The standards for the Greenwood Neighborhood Conservation District are as follows: Greenwood Neighborhood Conservation District Plan June 12, 2006 3 Greenwood Neighborhood Conservation District Plan Regulation*** Minimum Lot Size Minimum Street Setback Minimum Interior and Solar Setbacks Maximum Floor Area Ratio for Single -Family Dwelling (or Single -Family Dwelling with Accessory Apartment) Maximum Building Height Maximum Percent of Front Yard Used for Parking Accessory Apartments Fences Standard for Greenwood 1 acre 50 feet 20 feet Maximum primary building height of 29 feet, maximum secondary building height of 35 feet. 25% No minimum lot size requirement. An accessory apartment can be permitted as parI of any single-family dwelling regardless of lot size. Except for the portion of lots that front on Christopher Road / Fordham Boulevard, the following standards shall apply: Fences located in the front yard ** and taller than 2.5 feet shall have openings of at least 50 percent or more in the construction of the fence. All fences located in the front yard, with street frontage, shall have a maximum fence height of 4 feet except where required by law for facilities such as swimming pools. * For the Greenwood Neighborhood Conservation District, these standards replace/supersede general, otherwise applicable provisions in the Land Use Management Ordinance where such standards applicable to the property differ. For standards that are not specifically identified in this Plan, provisions of the underlying zoning district for a particular parcel shall apply. ** Front yard for this fence standard shall be the street the house faces. *** Refer to Section 4.12.2 of the Land Use Management Ordinance for information regarding variances from dimensional regulations and "house size" limitations. ATTACHMENT 1. Map of Neighborhood Conservation District Boundaries Greenwood Neighborhood Conservation District Plan June 12, 2006 1..1.1 Lt.? ul s ? DESIGN GITIDELINES Town of Chapel Hill, North Carolina NEIGHBORHOOD CONSERVATION ACKNOWLEDGMENTS Neighborhood Conservation g l F= 'iI IT Town Council Kevin C. Foy, Mayor Bill Strom, Mayor pro tem Laurin Easthom Sally Greene Ed Harrison Cam Hill Mark Kleinschmidt Bill Thorpe Jim Ward Planning Soard Ruby Sinreich (Chair) Rebecca Boyles (Vice Chair) Margaret Campion George Cianciolo Tim Dempsey Tom Jensen Nancy Milo Gene Pease James Stroud Neighborhoods Members of the Greenwood Community Members of the Kings -Mill / Morgan Creek Community Planning Department Staff J. B. Culpepper, Planning Director Loryn Clark, Housing and Neighborhood Services Coordinator Rae Buckley, Housing and Neighborhood Services Planner Gene Poveromo, Development Coordinator Scott Simmons, Senior Graphics Specialist Design Workshop Facilitators Roger Waldon, Clarion Associates Leigh Anne King, Clarion Associates Graphics -Swanson and Associates, PA David Swanson, ASLA, Landscape Architect Joanna Massey Lelekacs, ASLA, Designer can Eno, Designer Cover design note: Cover icon respresents the front entry to the Hargraves Community Center in the Northside neighborhood, the first Chapel Hill neighborhood defined as a Neighborhood Conservation District. TABLE OF CONTENTS Neighborhood Conservation PURPOSE 1 BOUNDARY MAPS 2 GUIDELINES 4 Building Orientation 4 Building Height and Mass 5 Site Design and Tree Protection 6 Accessory Apartments '7 Parking 8 Fencing 9 PLANTING DESIGN 10 RECOMMENDATIONS PURPOSE Neighborhood Conservation 3 �111 1 P1.1lI'� Purpose of these Guidelines Chapel Hill is made up of a series of residential neighborhoods that surround and enhance a distinctive downtown and a world -class university. Each of these neighborhoods is unique, and each adds to the personality of the community. Physical design of structures, siting of buildings, size of buildings, landscaping, fencing, and parking arrangements are all features that together contribute to and help define the character of each neighborhood. Growth and change are inevitable and are desirable, if managed in a form that contributes to rather than detracts from neighborhood character. And because all of these neighborhoods are completely built -out (or close to it), any new development or redevelopment on individual lots will have an impact on surrounding properties. The purpose of these Design Guidelines is to assist property owners and designers in the planning of new structures and/or improvements to existing structures within existing Chapel Hill neighborhoods. The hope and intent is that these guidelines will be followed to the greatest extent possible, helping to assure that improvements enhance overall neighborhood quality. Chapel Hill's Land Use Management Ordinance contains regulations and provisions that must be followed as any new development or redevelopment occurs within Chapel Hill. These guidelines are intended to be a supplement to the regulations for development planned within existing residential neighborhoods. The guidelines have been prepared with three specific neighborhoods in mind: Greenwood, Coker Hills, and Mason Farm / Kings Mill. The ideas have general applicability to all existing neighborhoods. 1 BOUNDARY MAP Neighborhood Conservation Greenwood Neighborhood Neighborhood Conservation District iiail ' 3 IF FranklinF. } Hills p i m ,.: b Davie Circle IF C a; r E . t'kTjU 1 i - OF I Legend IF IF 3,ate�+ all u St ! Rd fi' f ubsa; Iti_ht of Way . . IF F 0 all N(A) 4 IF IF OFF F "rA ;t4ibs hi�dli66 3 June 7, i{IVrs 7 BOUNDARY MAP Neighborhood Conservation Kings Mill/Morgan Creek Neighborhood Proposed Neighborhood Conservation District 410, Aram! �� NC Botanical Garden to No tti}S Ut��Q�� Whitehead Circleni dtts �1'3 d to �a1too �;� Cietoo 11% 1 or - 1� tow �or p C1 i1."sr f "r V 3 o Farrington v too Hills .1ycamore Run V or z ,Q tx n ,rC,iS�it x tof yc, ; kings'NVII kd (, VVSo oO lSy 9.1 44 3 3 T Le{�end t loo Y .Sant? 7, 2P If, ..- _------.._._.- 3 GUIDELINES Neighborhood Conservation Building Orientation Unless there is a specific reason to do otherwise, setbacks should be consistent along each block within a neighborhood, and should mirror existing setbacks of nearby structures. When siting new structures, the first preference should be given to placing buildings in a manner that matches nearby setbacks, so as to maintain a pattern along the street. Primacy dwelling units should be oriented to I ace the street. The primary dwelling unit on a lot, not parking area or accessory structures, should be the main focal point on the lot, as seen from the fronting street. Property Line ir e X�e. b{ Traditional Building Setback Street Right - of -Way p Example: Driveway and parking should have less visual impact than the primary dwelling unit. 0 GUIDELINES Neighborhood Conservation Building Height and Mass Total floor area of houses should be compatible with their lot size, and should not exceed 15 percent of the lot area. The size of new houses should be generally consistent with the size of houses found in the neighborhood. A rule -of thumb guideline is to avoid building structures more than twice the size of the average size house found in the neighborhood. Building heights should be generally consistent with the height of nearby structures, as seen from the fronting street. This means that lots that slope down, away from the fronting street, can accommodate taller structures and still maintain the general character of the street. For lots that slope upward away from the street, special attention is needed to building height and rooflines, to avoid a result that towers over nearby structures. Dwelling units that are taller than adjacent dwellings should avoid creating a dominant roofline by screening the roofline with trees or through design techniques, such as stepping down the roof of the dwelling towards shorter adjacent structures. Example: View of Dwelling Heights from Street Width &mass DO respect existing neighborhood character } i f Example: New home construction Building projections with appropriate building mass. break up building mass i:. 44 .., �\ A i 3} {PA jtP;" Example: New home con with inappropriate buildin Building he character o GUIDELINES Neighborhood Conservation Site Design and Tree Protection Buildings should be placed on a site in a manner similar to the placement of other structures on nearby properties. Landscaping should add to the natural appearance of the neighborhood and enhance safety. In keeping with the nauaral setting of the neighborhood, trees larger than 18" in diameter at breast height should be preserved, where feasible. For trees that are to be preserved on a site, special care is needed during construction to avoid damage to the tree and its root system. The Chapel Hill Public Works Department maintains information on best practices to help assure the viability of trees that are to be preserved within or adjacent to a construction area, and reference to that material is encouraged. During construction of a site, tree clearing should be limited to driveway areas and within ten feet of a new building's foundation. When trees are to be removed from lots in circumstances where there are adjacent residential neighbors, notification of those neighbors is encouraged prior to the commencement of the clearing activity. U Plantings for privacy and screening parking Native trees to blend with forested settings tat Plantings to define spade \ Street Trees Example: Landscaping should add to the natural appearance of the neighborhood. € € 4 i € t HOUSE �� i .10'x € € i € 10, € Tree clearing not to ex- tend beyond 10' of new building foundation Tree protection should Fine trees to drip '* line at a minimum 4 Tree Drip -Line i t s € t € � t Example: Tree protection during new construction. GUIDELINES Neighborhood Conservation Accessory Apartments Town regulations require that a primary resi- dence that includes an accessory apartment must be designed to maintain the appearance of a single-family residence. Accordingly, if an accessory apartment has a separate exterior entrance, such entrance should be located to the side or rear of the primary dwelling unit, and should resemble a secondary entrance to the primary dwell- ing unit (should look like a side or back door). Accessory apartments, if not contained within the structure of the primary dwell- ing, should be constructed using materials consistent and compatible with the primary residence. 0.I-1. �0 View from street Example: Home before accessory dwelling construction. tom" D p-.' i_ i., View from street � New accessory apartment Example: Home after accessory dwelling construction. Accessory dwelling is located to side of primary dwelling unit and blends with existing architecture of home. _.t' • ii.' iF S. n m tn View from street New accessory apartment Example: INAPPROPRIATE addition of accessory dwelling unit. Accessory dwelling gives structure the appearance of a duplex. Entry to accessory dwelling should reside on the side or rear of the structure. 7 GUIDELINES Neighborhood Conservation Parking areas and garages should be located at the side or to the rear of a house. If a garage is to be placed to the side of a house, the front face of the garage should be set back from the front face of the house. Front yard parking and driveway areas together should not exceed 25% of the front yard. Front yard is defined as the area from the street right-of-way to the front face of the house. Parking and driveway areas should be clearly distinguished from other parts of the front yard. Parking + to side of �} dwelling Front yard f^'? boundary • •�`• Attached •�, garage • �, Front yard • . boundary Example: Parking scenarios in character with the neighborhoods. a _loll ll - E GUIDELINES Neighborhood Conservation LO 'I FUI II 1 Fencing Where possible, landscaping should be used in lieu of structured fencing. Fencing should be used to restrict �i trespassing, create privacy, and enhance the character of the property. For properties that do not front a major thoroughfare and where feasible, fences located along a property's street frontage should not obscure views onto the property. A general rule is to limit the height of street frontage fences to 3 feet and to limit the opacity of the fence to 50%. Front yard fences should, in general, be lower than backyard and side fences. Fences should be constructed using materials consistent and compatible with other existing fences in the neighborhood. 0 PLANTING DESIGN RECOMMENDATIONS Neighborhood Conservation Landscaping There are many plants that are adaptable to the climate, soils, and growing conditions in Chapel Hill. There are also a number of plants that should be avoided due to their tendency to out -compete native and other non-invasive plants. The Town recommends that applicants contact a land- scape professional for assistance with plant selection. Ultimately, tree and shrub selection shall be based on site specific conditions. Some general guidance on these conditions is provided below. Tree Selection Tree selection should be based not only on specific site conditions, but also consideration of the ultimate size of the tree, whether or not it is a deciduous (loses leaves in winter), its growth habit (upright, rounded, weeping, etc.), and adaptability of the tree to a par- ticular growing condition (tolerant of full sun, poor drainage conditions, heavy compacted soils, etc.). Large, spreading trees should be used where there is room for the tree to attain its full, mature size. Large trees should not be planted under or near overhead power lines. Some desirable species for this area may include, but are not limited to: American Holly Bald Cypress Carolina Cherry Laurel Carolina Silverbell Chastetree Connnon Crape Myrtle Eastern Red Cedar Eastern Redbud Flowering Dogwood Gingko Green Ash Kousa Doglvood Laurel Oalc L isterleaf Holly Red Buckeye Red Maple Southern Magnolia Sweet Bay Magnolia Tulip Tree White Oak Willoly Oak Yaupon Holly Shrub Selection Shrubs should also be selected based on specific site conditions (full or part -sun, soil conditions, drainage). They can be used for a number of func- tions beyond aesthetics. Evergreen shrubs can be used to screen driveways or undesirable views such as air conditioning units. Shrubs can be planted as a hedge to provide some privacy/screening as an alternative to fencing. And; shrubs can be used to define yard areas or to pro- vide a buffer between the front yard and the street or sidewalk. Some desirable species for this area may include, but are not limited to: Aaronsbemd St. John- btdian Hawthorne slyor•t Inkberty Holly AmericanBeautyberry JapaneseAttcuba Bridalrvreath Spiraea Japanese Holly Cleyera Japanese Kerria Connnon Camellia Oakleaf Hydrangea Con anon Cherry Laurel Rose -of -Sharon Common Witchhazel Sunnnersweet Double Reeve's Spiraea Srveetshrtrb Do iblefile Nburntan Thunberg Spiraea Dwarf Waxntyrtle 1Trginia Willoly Florida Anise Winter Honeysuckle Flowering Quince Winterslveet Gat denia Yucca Glossy Abel is Invasive Plants Invasive plants are those that have the potential to out -compete other non-invasive species in the natural and built landscape. Ultimately this can lead to reduced diversity of plants, plant disease infestations, and loss of wildlife (including song bird) habitat. Below is a listing of trees and shrubs prohibited from use on landscaping plans for development applications and strongly discouraged in non -regu- lated landscaping projects within the town. Prohibited Trees: Prohibited Shrubs: Mimosa Multiflora Rose Princess Tiee Privet Tiee of Heaven Russian Olive Yhbite Mulberry