09-39-07-Ordinance-Repealing and Replacing Historic District and Historic Preservation-09/17/2007ORDINANCE 09-39-07
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
($2,000.00) 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 IT ORDAINED BY THE CITY COUNCIL 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Texas, is hereby repealed and replaced with a new Section 28 to read as follows: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 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.
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.
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
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 fiom 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 malting 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 wont 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
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.
(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.
2. The Commission, after the meeting provided for in Subsection 28.8 of this Section and after
the malting of any changes in the plans and specifications as provided in paragraph (1) of
Subsection 2 8. 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
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 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;
0) 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 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."
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 ($2,000.00)
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 , j 1'llr', ' 2007.
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�6 O
ATTEST:
Rosalie Chavez, City S ere tary,. ,,
A ROVED A O O
City Attorney
(RLD/6-14-07/17545)
ORDINANCE 09-39-07
AN ORDINANCE OF THE CITY OF
SANGER, TEXAS, AMENDING THE COM-
PREHENSIVE ZONING ORDINANCE BY
REPEALING AND REPLACING THE EXIST-
ING SECTION 28 "H" HISTORIC DISTRICT
AND HISTORIC PRESERVATION; PROVID-
ING FOR THE REPEAL OF ALL ORDI-
NANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING
FORA PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
Duly passed by the City Council of the City of
Sanger, Texas, on 17th day of September, 2007.
APPROVED: ATTEST:
Joe Higgs Rosalie Chavez
Mayor City Secretary