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01-03-15-Ordinance-Amending B-3 Central Business District Regulations-01/20/2015ORDINANCE 01-03-15 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE ZONING ORDINANCE SECTION 24 B-3 CENTRAL BUSINESS DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR 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, the Historic Preservation Commission was charged with the responsibility for conducting architectural reviews for major projects within the B-3 Central Business District; and WHEREAS, transferring that responsibility to the Planning & Zoning Commission would better serve the public; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 Item 24.6 Architectural Review of the City of Sanger Zoning Ordinance Section 24 B-3 Central Business District is hereby amended to read as follows: 24.6 Architectural Review: Applications for a building permit or other required permit for construction work within the district must be reviewed and approved for compliance with the Architectural Standards prior to issuance. A minor project is an alteration that does not remove or conceal the heritage elements. A major project is one that removes or conceals heritage elements, one that adds contrasting elements, and/or a new structure greater than 200 square feet. The design of minor projects can be approved by the Director of Development Services. Designs which cannot be approved by the Director must be forwarded to the Historic Preservation Commission for consideration. The Director can forward a proposed design to the Historic Preservation Commission for any reason. Major projects must be reviewed by the Planning & Zoning Commission, and approved prior to issuance of a building permit. The Commission shall also review minor projects forwarded by the Director of Development Services. The Commission can make a finding of conformance with Architectural Standards and approve the design for issuance of a permit. Denial of a proposed design for lack of conformance with the Architectural Standards may be appealed by the applicant to the City Council. Section 2 All ordinances or pants of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.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 Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense 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 20th day of January 2015. Mayor Thomas Muir ATTEST: a ; : ✓`mow, L_,--t ,^ s,`'" % •. . ° ti City Secretary Tami Taber " °, `\" City of Sanger SECTION 24 "B-3" CENTRAL BUSINESS DISTRICT General Purpose and Description: The `B-3" district is intended to provide a zoning category to meet the special needs and interests of the historically central commercial area of the community. A variety of commercial uses are permitted although all permitted activities are conducted within a building or structure. 24.1 Use Regulations: A building or premise[s] shall be used only for the following purposes: Uses permitted in the B-1 district. 2. Single-family residential attached and multi -family dwellings. Other uses as listed in Section 30 of this ordinance [exhibit]. 24.2 Height Regulations: No building shall exceed thirty-five (35) feet in height, except cooling towers, vent stacks or mechanical equipment rooms may project not more than twelve (12) feet beyond maximum building height. 24.3 Area Regulations: Size of Yard: a. Front Yard: None required. b. Side Yard: None required, except where a B-3 district abuts a residential district in which case a minimum side yard of ten (10) feet shall be provided. The side yard setback from a side street shall be fifteen (15) feet. C. Rear Yard: None required, except where a B-3 district abuts a residential district (whether separated by an alley or not) in which case a minimum back yard of ten (10) feet shall be provided. 2. Size of Lot: a. Minimum Lot Size: None. b. Minimum Lot Width: None. C. Minimum Lot Depth: None. 3. Lot Coverage: The maximum lot coverage by buildings shall be one hundred (100) percent of the lot area. Zoning Ordinance City of Sanger 24.4 Parking Requirements: Off-street parking and loading shall be provided as set forth in Section 32, with the first twenty (20) required off-street parking spaces,being subtracted from the total number required. 24.5 Architectural Standards: The exterior design of buildings within the district shall feature the architectural elements identified within Chapter 8 Heritage Preservation of the 2007 Comprehensive Land Use Plan. Existing exterior details shall be preserved whenever possible. New structures shall replicate the style, scale, placement, awnings, and canopies of existing buildings within the same block whenever possible. 24.6 Architectural Review: Applications for a building permit or other required permit for construction work within the district must be reviewed and approved for compliance with the Architectural Standards prior to issuance. A minor project is an alteration that does not remove or conceal the heritage elements. A major project is one that removes or conceals heritage elements, one that adds contrasting elements, and/or a new structure greater than 200 square feet. The design of minor projects can be approved by the Director of Development Services. Designs which cannot be approved by the Director must be forwarded to the Historic Preservation Commission for consideration. The Director can forward a proposed design to the Historic Preservation Commission for any reason. Major projects must be reviewed by the Historic Preservation Commission, and approved prior to issuance of a building permit. The Commission shall also review minor projects forwarded by the Director of Development Services. The Commission can make a finding of conformance with Architectural Standards and approve the design for issuance of a permit. Denial of a proposed design for lack of conformance with the Architectural Standards may be appealed by the applicant to the City Council. (Ordinance 02-04-10 adopted 2/1/10) Zoning Ordinance Chapter & Heritage Preservation Sanger has a rich heritage that is present in much of its existing structures. Although there are significant residential structures with historic significance, the focal of the historic emphasis should first be the commercial downtown. The historic interests in the City should determine, with the City government, the nature and focus of historical efforts within the city. At a very minimum, the City should consider establishing basic regulations that preserve and encourage the rural heritage of the city. This will require the historic preservation ordinance and in addition to zoning criteria to enforce any such historic preservation efforts. Further efforts should be addressed as a follow-up to this Comprehensive Plan. Among those efforts include: ➢ Identification and establishment of a historical district. ➢ Adoption of zoning regulations in the historical district. ➢ Historical Preservation Commission to promote preservation of commercial and residential structures. ➢ Preparation of a Historical Design Guideline for Commercial and Residential structures. ➢ Preparation and adoption of a Historic Preservation Plan. Historic or Heritage preservation efforts should include at a minimum the following elements: CITY OF SANGER Page 77 Van n (P COMPREHENSIVE LAND USE PLAN Heritage Preservation Heritage Element — Commercial Styles The structural styles found in the Sanger downtown are generally of three styles, as defined by the National Trust for Historic Preservation, as defined in The Buildings of Main Street - A Guide to American Commercial Architecture. Future construction and reconstruction should be consistent with the design characteristics contained there in. Most of the structures are comprised of a One - Part Commercial Block, Enframed Window Wall, or Two -Part Commercial Block style. The scale of future construction should be consistent with these styles. The One -Part Commercial Block style is simple box construction that has a decorative facade and definite urban characteristics. It is a common style that is prevalent in small towns across Texas. Most of these structures were constructed in the late 191h century and early 2011' century. A sizable wall area often exists between the windows and the cornice for the purpose of providing for advertisements and to make the structure appear to be larger than it actually is. In comparison the Enframed Window Wall style was a product of the early 2011, century, with its popularity extending into the 1940's. Although, the units located in the above photograph all have period awnings, the enframed window structures often did not have an awning at all. These structures accented the advertising nature of the contents within the window by framing large expanses of glass with little or no wall structure between them. The Two -Part Commercial Block style was the most common style of commercial structure that was used for small and modest -sized structures. These structures were generally limited to two to four stories in height. There are only two story structures located in Sanger. This style was prevalent within the time period of 1850 to 1950. The two parts reflect the different uses CITY OF SANGER COMPREHENSIVE LAND USE PLAN Page 78 n n Heritage Preservation of the structures on the different floors. The first floors were generally retail and service commercial uses. The upper story was utilized for uses that were more private and less intense than the first floor. The uses on the second floor could consist of office space, hotel rooms, meeting rooms, and even residential spaces. Heritage Elements Scale and Placement When we consider scale and placement for structures in the Sanger downtown area it is important that we realize that a reasonable rule of thumb is to maintain the consistency of the existing structures. Currently, the majority of structures are single story. All of the two story structures are of a Two -Part Commercial Block style. Therefore any future structure should be of a similar style. However, even then, it would be uncharacteristic to construct any two story mid - block. Most of the Two -Part Commercial Block structures are located on the corners. All future construction should be of either the One -Part Commercial Block, Enframed Window Wall, or Two -Part Commercial Block. An illustration pertaining to the relationship of sizes of structures placed in infill sites is provided as follows. Heritage Element — Original Structure Design ha order to maintain the Heritage of the Sanger downtown, it is important that the original style of construction be maintained. As identified earlier, the three basic styles of One -Part Commercial Block, Enframed Window, and Two -Part CITY OF SANGER COMPREHENSIVE LAND USE PLAN Page 79 VWn n (P Heritage Preservation Commercial Block should be applied for any new construction located within the designated heritage overlay area. In addition, any reconstruction or remodeling should also encourage the removal of modern storefront modifications. Many communities have had business owners apply false facades to the original buildings. This often consists of aluminum siding or construction of mansard type construction on the original commercial facility. Remodeling and reconstruction should not encourage the construction of such facades and should encourage the removal of any existing modernization of the original structure. Heritage Element. Awnings and Canopies. Awnings and canopies have always added both a design feature as well as a functional element to the front of commercial buildings. Whereas the 'bubble' style of awnings is functional and appropriate at some locations, they are not appropriate for the Heritage area. Awnings and canopies that are historically significant are 'rolled' awnings or 'flat' canopies. Awnings and canopies should be made of canvas or metal, which are characteristic of historic commercial buildings. In addition, the placement of awnings should relate to each individual window and not extend continuously across the face of the building incorporating all the windows under one awning. Herita-qe Element — S It is apparent that the signs located in the Heritage District should be such that they do not detract from the historical character of the area. Regulations should be adopted that reflect the appropriate signage that is permissible within the district. There are some rule of thumb parameters that should be considered, and may be incorporated into regulation at a later date. CITY OF SANGER COMPREHENSIVE LAND USE PLAN Page 80 Heritage Preservation Avoid clutter and limit the number and size of the signs, Where this has already occurred, future permits and development of the property will correct over time. Signage should be integrated into the design of the building where at all possible. Smaller signs are encouraged that are pedestrian in scale. These are signs that are not required to be of a size that they can be read from a moving vehicle. These signs include projecting signs over the walkway, awning signs, and sandwich boards. The signs should be limited to generally one to business on structures that have multiple businesses. Prohibited signs include roof -mounted signs, off -premise signs, flashing light signs, or neon signs. It is preferred that the lighting of signs not be backlit. CITY OF SANGER COMPREHENSIVE LAND USE PLAN Page 81 n n Heritage Preservation Heritaze Preservation Plan Efforts with the City of Sanger have determined that the desire of the City is to maintain the visual impact of the City's early heritage. Although adherence to historic preservation principles will be encouraged, the design criteria for the Heritage area will use historical architectural guidelines to protect the appearance of historical areas. The desire is to maintain the character of the early heritage of the City. This does not mean that historical accuracy will be ignored; rather it intends to provide flexibility in maintenance and new construction within the Heritage area. The approach to preserving the physical history of buildings and places is a very subjective thing for municipalities. Likewise there are numerous programs and processes that may be selected to accomplish the desired end. There is no mandatory rule regarding action or process that a City must observe. Depending on the individual interest and commitment there are a number of directions in which Sanger could choose that would provide reasonable attention to the historic needs of the City. None of these directions or efforts is a prerequisite for the other, although there is a logical sequence in which some of them occur. In addition, all or any combination of these efforts may be appropriate for the City to pursue, depending on the desire and interest of the City: ➢ Identify Historic Preservation needs in the Comprehensive Plan. ➢ Prepare a Historic Preservation Plan for Sanger. ➢ Adopt a Historic Preservation Overlay District and/or Design Guidelines in the Zoning Ordinance. ➢ Prepare a Historic Preservation Design document. ➢ Support Historic Preservation Commission. ➢ Conduct a Historic Structure Survey (THC). ➢ Acquire certification as Certified Local Government. Heritage Preservation Needs in the Comprehensive Plan Historically, the Comprehensive Plan has identified actions that need to be addressed to assure the orderly and appropriate development of land uses for a CITY OF SANGER Page 82 VWw COMPREHENSIVE LAND USE PLAN Heritage Preservation community. Preservation of historic structures and places is not always a central theme in many Comprehensive Plans. However, when the goals and objectives of future development determine that preservation of the historic heritage is a critical element of the growth of a municipality, it should be addressed in the plan. It is not necessary that a detailed historic preservation plan be provided in the Comprehensive Plan. In fact, simply to identify the needs, give basic direction as to the City's goals for historic places and locations, and designate a boundary may be adequate information in a Comprehensive Plan. Identification of the historic direction of the City in the Comprehensive Plan will provide authority and justification for further action in that area by the City. Zonizlg ordinances are authorized and justified by the state statutes when they are developed in accordance with a Comprehensive Plan. So, although detail information is not provided in the Comprehensive Plan, revisions and amendments to zoning ordinances and future detailed studies may be a logical outgrowth of identifying the historic needs in the Comprehensive Plan. Therefore, in any future update of the Comprehensive Plan the topic must be addressed. Preparation of Heritage Preservation Plan Typically, once a city has identified the need to document its historic development needs, a more detailed study will follow as an outgrowth of the Comprehensive Plan. In particular, the Preservation Plan would identify locations of particular historic interest, identify and describe individual structures of historic interests, and possibly identify structures that have historic significance that may not particularly be considered as being qualified for the state and national historic register. The Heritage Preservation Plan will identify specific needs and approaches to historic efforts by the City. Specific plans regarding urban design of the streetscapes will be provided. Themes for development of particular areas such as the core business area, adjacent historic homes, and business corridors will be selected and presented. This process usually involves persons who have particular interests in historic character of the community and by all means it would include the property owners. This document would function as the base document for detailed implementation documents, which may include regulatory documents. In addition, it may me quite detailed regarding facades, signage, material, and design. The CITY OF SANGER Page 83 n n COMPREHENSIVE LAND USE PLAN Heritage Preservation document would certainly identify possible steps of implementation of the Heritage Preservation Plan and could be adopted by the Council as a Historical Preservation policy statement. Adopt a Heritage Preservation Overlay District and Design Guidelines At any time that the city determines that they have particular historic characteristics within certain areas of the community they can establish rules and regulations governing how land is used and developed within those areas. The district regulations contained within the ordinance is totally dependent on the level of attention that the community wishes to pay to the designated areas. At a minimum, new construction will be required to promote the period or character of the existing structures. These regulations will likely require additional review requirements at the time of site plan approval or rezoning. Uses permitted within the district will be carefully limited to those uses that will enhance the historic theme of the district. Specific regulations regarding to signage, parking, and building material would also be addressed. It is important to note that, although architectural control is important, the overlay district is not required to have an Architectural Control Board established to review any changes made to the structures. Many cities handle this with the Planning and Zoning Commission and Council. The Planning and Zoning Commission may have advisory bodies selected that can provide technical input by providing an independent architectural review; however, that is usually accomplished by independent sources knowledgeable in historic preservation techniques. Prepare a Heritage Preservation Design Document This document is an implementation tool for individuals responsible for historic preservation within the community. It is also a necessary document for property owners wishing to know what is required of new and rehabilitation construction for structures. This document is more detailed and specific than the Heritage Preservation Plan, described earlier. The design document outlines specific designs and treatment for structure and property located within the historic preservation area. It is not necessary to adopt the Heritage Preservation Design Document as part of the Heritage Preservation Overlay District. It can actually be adopted as a reference Nql CITY OF SANGER Page 84 n n 4; COMPREHENSIVE LAND USE PLAN Heritage Preservation document to the Overlay District and the Heritage Preservation Plan. There are many communities that do not develop a Design Document but rely totally on the information provided in the Preservation Plan. Herita-qe Preservation Commission Communities recognize that there are people within the community who are particularly talented and gifted regarding working with historic structures and sites. It is often prudent to select a group of these people to serve as a committee to review proposed changes and applications of new construction and reconstruction within the designated Heritage area. The commission will use the adopted documents as their guide in their review of the submitted applications. The authority provided to this board may be either advisory or regulatory. In many cases the commission will act in an advisory capacity to the Planning and Zoning Commission and the City Council. However, the City may give the commission the level of authority that it deems required to fulfill the City's Heritage Preservation Goals. It must be noted that many cities that have active commission who function as regulatory bodies having authority to deny and approve submitted applications, also have paid staff members who work as liaison persons with that board. The commission may also be responsible for reviewing demolition requests as well as reviewing architectural enhancements and remodels. Conduct a Historic Structure Survey (THC) Cities may elect to participate in programs established by the Texas Historic Commission and/or the National Register of Historic Places. Listing in these registers is a highly selective process and requires that the property be evaluated by an extensive process. This is often aided by the Historic Structure Survey that is normally prepared in the preservations programs funded through and approved by the Texas Historical Commission. Although, a preservation program on which a municipality has based its regulatory documents does not require a historic structure survey, those that participate in the Texas Historic Commission and/or National Register of Historic Places do. The survey is an extensive documentation of the structures located within the area. The documentation generally defines architectural style and construction provides CITY OF SANGER Page 85 n n COMPREHENSIVE LAND USE PLAN Heritage Preservation the construction date, provides historical information, and is accompanied by a photograph. If the City has chosen to participate in the state and national programs, a historic preservation plan following the THC guidelines must be prepared, and subsequently a Historic Structure Survey. Designation as a Certified Local Government An additional historic preservation resource is the designation of local governments as a "Certified Local Government." That designation permits the local government to receive technical assistance and grant funding, in small amounts, from the National Park Service. The designation is achieved by submitting application to the Texas Historical Commission. Grants and Funding Opportunities There are a number of avenues to search for grants and funding of historic preservations effort. Funds from the Texas Historic Commission may be awarded to prepare historic preservation plans that meet their requirement. These funds can finance the study as well as the structural surveys needed to meet the historic preservation requirements. In addition, private concerns may qualify for funding and tax relief when the property or structures have been identified and registered on the National Register. A city's approach to historic preservation is dependent on the desired level of involvement that it wishes to expend in that area. It is not necessary to attain the level of Certified Local Government or registry on the state and national level to initiate efforts to preserve the heritage and character of a community. Many communities have established standards for local historic significance that are implemented by ordinance and regulations without pursuing the higher critical standard of state and national registry. The nature of historic preservation is that the level of involvement of the city may increase sequentially as the resources, both human and financial, increase. At this point in time, it is critical that the City establish at least a, basic level of involvement. That involvement should, at least, include the establishment of a Heritage Preservation Ordinance that creates a basis for future efforts. Future historical preservation efforts can be built upon this basic effort as expertise, personnel, and funds are realized. These early basic efforts may include the establishment of a CITY OF SANGER COMPREHENSIVE LAND USE PLAN rull Page 86 VW f1 (P Heritage Preservation citizen's group that provides technical reviews of historic applications on an as needed basis. Sometime during the process, it is advisable that a set of guidelines, whether provided in the Heritage Preservation Plan or Heritage Preservation Design document be prepared to give the city and the applicant guidelines on which to base historic preservation decisions. The final determination as to the extent and level of participation in historic preservation efforts is founded on the desires of the City. However, at such time that extensive historical preservations efforts are needed, it is critical that personnel farniliar with the historical preservation process be obtained to prepare and administer the programs. CITY OF SANGER COMPREHENSIVE LAND USE PLAN Page 87 IPW n n (P Heritage Preservation m Ttaasby,lanexry222015"stelaNewt 20words-Waweek .lanwnspub¢ n �om Vm Call : 940-458-8515 emad: sangenslemonspubkcalions.com Classifieds NEAt'CEPrALL MMORCREDB'CARDS FREE ADS - LosVEliond & Free Pets Help Wanted I Services I I Services Engineering firm In Drivers-OTR: New Com- For Lease: Very nice 4 Sanger seeking temporary petitive pay package & bedroom, 3 both execu- administrative assistant/re- benefitsl Slgn-ON, Safe- live home for lease. Two ceptionist. Position will last ty, Fuel Bonusest Vaca- story. 3200 square loot. approximately 4.6 months, tlonlHoiidays. NO -Touch Nice pool and neighbor - Must be proficient In Word Freight, NO Hazmatl hood. Fitness room, Great and Excel. 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ORDINANCE 01.03.16 AN ORDINANCE OF THE CRY OF SANGER, DEN - TON COUNTY, TEXAS, AMENDING THE ZONING ORDINANCE SECTION 24 B3 CENTRAL BUSINESS DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FORASEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. Space to rent: App. 600 sq.ft. ideal for office or re- tail. Located on FM 455 past the high school. Good Exposure. Country Cross- ing. Call 940-391-3488 or 940-391-9771 for details. RV and Boat Storage. Enclosed Units, Covered Units and Outdoor Units. Competitive rates. Call 940390-9574. Sunshine Kids Daycare of Sanger Registered Home with TDFPS Now Enrolling $20 o0 first week's tuition with this ad Heidi Smith 940-442-2689 Child Care Licensed home child care In Sanger, All ages. Certified teacher, Drop -Ins welcome. 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